Aindrias Moynihan (Cork North-West, Fianna Fail)
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22. To ask the Minister for Foreign Affairs and Trade for an update on challenging the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 in the context of the European Convention on Human Rights; and if he will make a statement on the matter. [4465/25]

Simon Harris (Wicklow, Fine Gael)
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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 European Convention on Human Rights.

We await confirmation of the composition of the Chamber of the Court, which will examine the admissibility of the Government's application in the first instance.

The 12-week period within which third parties could seek leave to intervene in this case expired on 2 May 2024, and 15 applications for leave to intervene were received. It will be for the President of the Chamber, once formed, to decide whether to grant the various third party intervention requests.

The British Government since its election in July 2024 has committed to ‘repeal and replace’ the Legacy Act. We are working closely with them to explore whether we can develop a shared approach on legacy issues. These discussions are ongoing, without prejudice to submissions to be made by either Government in the inter-state case. Compliance with the Convention, and the ability to command the confidence of victims and survivors of the Troubles, remain the benchmarks against which to assess progress in the coming period.

Separately, the courts in Northern Ireland have ruled on challenges taken by individuals against the Legacy Act, and have declared certain provisions of that Act to be incompatible with the European Convention on Human Rights. In December 2024, the Secretary of State for Northern Ireland laid a remedial order before UK Parliament aimed at remedying certain of those incompatibilities by amending the Legacy Act.

In additional to laying this remedial order, the Secretary of State has further announced that he will introduce primary legislation when parliamentary time allows to make additional reforms to the Legacy Act, including with a view to restoring inquests, commencing with those that were previously halted by the Act.