Jackie Cahill (Tipperary, Fianna Fail)
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33. To ask the Minister for Foreign Affairs and Trade if he will report on the inter-state case initiated against the United Kingdom under the European Convention on Human Rights on 20 December 2023; and if he will make a statement on the matter. [27589/24]

Micheál Martin (Cork South Central, Fianna Fail)
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On 17 January 2024, the Government filed an inter-State case against the United Kingdom with the European Court of Human Rights.

In its application, the Government argues that certain provisions of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 are incompatible with the United Kingdom’s obligations under the Convention, including Article 2 (right to life), Article 3 (the prohibition of torture and inhuman or degrading treatment), Article 6(1) (the right of access to a court), Article 13 (right to an effective remedy), and Article 14 (prohibition of discrimination).

The inter-State application has been communicated by the Court to the Government of the United Kingdom.

The 12-week period within which third parties may seek leave to intervene in this case expired on 2 May 2024. A relatively large number of intended third parties have sought leave to intervene in this case. The Court’s decision to grant this leave has not yet been made.

The first substantive step would be for the Court to consider the admissibility of the Government’s application. The Court will consult with the parties in due course with a view to fixing the procedure, which could be written or, by request, oral. The timing for this is a matter for the Court, but it will not be earlier than this autumn.

The parties will be informed in due course of the composition of the Chamber of the Court which will examine this case.

The decision to initiate an inter-State case was not taken lightly and was taken with regret, with the centrality of human rights, in particular the European Convention on Human Rights, to the Good Friday Agreement a consideration. It was the only viable course of action after other efforts to effect meaningful change in the British Government's approach were unsuccessful.

The Government’s application highlights the strong opposition to the Legacy Act within Northern Ireland, including by almost all groups representing victims, survivors, and their families since it was first introduced.

It is now a matter for the European Court of Human Rights to examine the Government’s application and to determine whether the Legacy Act violates the United Kingdom’s obligations under the European Convention on Human Rights.

There are also a number of cases challenging the Act being taken by individuals in courts in Northern Ireland. These are separate and distinct from the case being taken by the Government.