Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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202. To ask the Minister for Foreign Affairs and Trade the steps the Government has taken to ensure that the new UK Ireland framework replacing the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 fully meets human rights standards, including provision for independent oversight, timely inquests, and proper disclosure of information; and how Ireland will support victim families in Northern Ireland who have called for truth and justice, including funding, access, and legal guarantees. [51345/25]

Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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205. To ask the Minister for Foreign Affairs and Trade whether the Government will table draft legislation in this Dáil session to give effect to the new UK-Ireland framework on the Troubles' legacy; whether Ireland will insist on full access to all documents held by UK State agencies; the safeguards in place to ensure victims' voices are central; and the projected budgetary and administrative implications for Garda, legal services, and victim support bodies. [51830/25]

Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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208. To ask the Minister for Foreign Affairs and Trade in view of the new joint legacy framework being advanced by the Irish and UK governments, if he will publish the legal text or draft legislation under consideration; to confirm if Irish citizens access to UK archives and military records will be guaranteed; and the resources (staffing, legal support, victim assistance) Ireland will allocate to support victims’ families, including in Northern Ireland. [52108/25]

Simon Harris (Wicklow, Fine Gael)
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I propose to take Questions Nos. 202, 205 and 208 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 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 the independence of the Commission. These include: a statutory Independent Oversight Board; Statutory conflict of interest provisions; and an independent appointments panel advising on senior appointments. There will also be a statutory Victims and Survivors Advisory Group to ensure that the voices of all those affected will be represented and that the needs of victims remain central to the work of the Legacy Commission.

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. Clear criteria for this decision will be set out in statute.

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 Government has committed to a financial contribution of €25 million over three years to support this engagement of victims and families with the new legacy processes.

On disclosure, the Joint Framework states that the Legacy Commission’s processes will be approached in a spirit of openness and transparency. The disclosure provisions in the Legacy Act will be changed.

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. It commits the relevant Irish authorities to cooperating with the Legacy Commission. This includes an undertaking by the Government to legislate, if required, to enable cooperation by relevant authorities with the Legacy Commission once established. The detail and timeline for the enactment of any legislation will be dependent on consideration of the legislation to be brought forward by the UK Government to reform the Legacy Act.

The Framework also commits the UK to reciprocal cooperation with authorities in this jurisdiction on the same basis and in the same spirit.

A dedicated 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. Its full operation will be dependent on the progress of the legislation reforming the Legacy Commission and that body becoming fully operational.

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 if the Joint Framework is faithfully implemented.