Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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180. To ask the Minister for Foreign Affairs and Trade the specific measures agreed under the new UK-Ireland framework on the Troubles legacy; the extent of financial, judicial, and investigative powers being granted to victims’ families; the implications this agreement will have for the State’s legal proceedings at the European Court of Human Rights; and if he will make a statement on the matter. [51014/25]

Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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181. To ask the Minister for Foreign Affairs and Trade if he will publish the full text of the new Northern Ireland-UK legacy framework; the timeline for its implementation, including the repeal of the Legacy Act; the legislative or statutory steps required in Ireland; and to identify the resources (funding, staffing, cross-border commitments) that will be committed to ensure victims’ families receive access to inquests and truth-recovery in a timely manner. [51049/25]

Simon Harris (Wicklow, Fine Gael)
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I propose to take Questions Nos. 180 and 181 together.

On 19 September, together with Hilary Benn, Secretary of State for Northern Ireland, I announced publication of an agreed Joint Framework on the Legacy of the Troubles.

The full text of the Joint Framework is available on gov.ie.

The Joint Framework sets out a comprehensive package aimed at providing truth and accountability for victims and families who lost loved ones during the Troubles. It represents a clear break with the 2023 UK Legacy Act, which was opposed by all political parties, victims and survivors groups, and wider civil society in Northern Ireland. The Framework is a welcome return to partnership by the two Governments on Northern Ireland, working as co-guarantors of the Good Friday Agreement.

The Framework will deliver fundamental reform of the Legacy Act 2023 and some of the most the important changes to that legislation are outlined below.

The ICRIR will be renamed the Legacy Commission and a suite of changes will ensure much improved independence of the Commission.

Under the Joint Framework, investigations will be provided to UK-wide standards and the Legacy Commission will be tasked to explore all relevant investigative leads in any case referred to it.

A new Inquisitorial Mechanism will be established within the Legacy Commission. Hearings under this mechanism will be presided over by judges. It will be equipped to hold public hearings and, if necessary, private hearings to consider sensitive information. Provision will also be made for next of kin representation.

The Legacy Act’s prohibition on inquests will be removed. Inquests which had commenced but were halted by the Legacy Act will recommence. Inquests that had been ordered but had not begun will be subject to a further decision by the UK Solicitor General on how these will be dealt with. Some may continue as inquests and others may move to the Inquisitorial Mechanism.

This Framework allows for reforms of the disclosure regime that currently applies to the ICRIR.

The two governments will establish a standalone, cross-border information retrieval body, as foreseen in the Stormont House Agreement, on a pilot basis. The body will aim to afford families the opportunity to seek information relevant to the death of a loved one when the investigative route has been unable to recover that information.

The Framework is underpinned by a commitment to reciprocal cooperation. The Government will ensure the necessary arrangements are put in place to facilitate the fullest possible cooperation by the relevant Irish authorities with the Legacy Commission. In turn, the UK authorities will provide reciprocal cooperation to Ireland for investigations, inquests and inquiries in legacy cases.

In terms of a legislative timeline, the Government plans to bring forward legislation to facilitate cooperation, but this can only be determined once the UK legislation reforming the Legacy Commission is in place. The Secretary of State for Northern Ireland, Hilary Benn, is committed to bringing forward this legislation soon.

A dedicated legacy unit within An Garda Síochána will be established by the end of the year as a single point of contact for cross-border cooperation on Troubles-related cases and as a central point of contact and coordination for victims and families in relation to Troubles-related investigations undertaken by An Garda Síochána.

The framework provides for effective next of kin participation, including through legal representation. The Government commits €25m to support this engagement of victims and families with the new legacy processes.

The two key tests I set over the course of these negotiations were, first, that any reformed legacy architecture be compliant with the European Convention on Human Rights and, second, that it can secure the confidence of victims and survivors. I believe that the package I announced on 19 September can meet those tests.

Finally, in relation to the inter-state case, it remains in place. However, if the Joint Framework is translated faithfully into amending legislation, I hope to be in a position to revisit the issue of our inter-state case at the European Court of Human Rights.