Replies by the Minister for Foreign Affairs to my most recent Parliamentary Questions in Dáil Éireann regarding the need to implement in full the Stormont House Agreement and also the need to deal properly and comprehensively with legacy issues.
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For Oral Answer on : 18/11/2021
Question Number(s): 19 Question Reference(s): 56352/21
Department: Foreign Affairs
Asked by: Brendan Smith T.D.
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QUESTION
To ask the Minister for Foreign Affairs if he has had recent discussions with the Secretary of State for Northern Ireland regarding the need to implement in full the Stormont House Agreement; and if he will make a statement on the matter.
REPLY
It has been the consistent position of the Government that the Stormont House Agreement provides a balanced and comprehensive framework to address the legacy of the Troubles. It was agreed by both Governments and the political parties after intensive negotiations, and it should be implemented – for the families and victims who have waited for too long.
We have taken every opportunity in our regular engagements with the British Government at all levels to set out this position.
As agreed at the BIIGC on 24 June, the Government joined the British Government and the Northern Irish parties in a process of engagement of these issues, with discussions beginning in July. The intention is to find an agreed way forward that will allow implementing legislation to be introduced in both the UK and Ireland.
As we have consistently stated, a statute of limitations as proposed by the UK Government in their Command Paper is not something the Government can support. It is important to say that there has been a clear message from victims groups throughout this process that this cannot be the way forward. It has also been strongly and publicly opposed by all the parties.
It would also go against the conclusions of the UK Government’s own extensive public consultation in Northern Ireland on legacy legislation in 2019. There would be very serious questions as to whether such an approach would be consistent with the obligations of the European Convention on Human Rights, which is itself a key element of the Good Friday Agreement. We believe it would face well-founded legal challenges, causing further years of uncertainly and pain for families.
We have consistently said that we are ready to engage with concerns or issues to do with the implementation of the Stormont House Agreement but any such changes must be discussed and agreed by the parties and both Governments. It is vital that any approach is collective if it is to work, and crucially, that it meets both the needs of victims and our shared international human rights obligations.
It is crucial now to come back to the table at the level of political leaders to discuss next steps and find a way forward, with the two governments and the parties, that meets the needs of victims, and is based on the principles of justice, reconciliation and the rule of law. We have a responsibility to seek an agreed approach, for those families who have waited for too long.
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For Written Answer on : 18/11/2021
Question Number(s): 192 Question Reference(s): 51632/21
Department: Foreign Affairs
Asked by: Brendan Smith T.D.
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QUESTION
To ask the Minister for Foreign Affairs if he has had discussions with the Minister for Justice in Northern Ireland or with the Secretary of State for Justice in Britain in relation to the unacceptable proposal by the British Government to introduce an amnesty for persons who committed crimes during the era of the Troubles in Northern Ireland; and if he will make a statement on the matter.
REPLY
It has been the consistent position of the Government that the Stormont House Agreement provides a balanced and comprehensive framework to address the painful legacy of the Troubles based on the principles of truth, justice, rule of law and reconciliation. Progress on its implementation is crucial, for families and victims and for society as a whole. It was agreed in 2014 by both Governments and the political parties after intensive negotiations, and it should be implemented.
Where the British Government propose significant changes to the Stormont House framework, these must be discussed and agreed by both Governments and the parties to the Northern Ireland Executive. Only through a collective approach can we hope to deal with these issues comprehensively and fairly and in a way that responds to the needs of victims, survivors and society.
Following a meeting of the British Irish Intergovernmental Conference on 24 June, we agreed to begin an intensive process of engagement with the British Government and the Northern Ireland parties to find an agreed way forward. Discussions began in July and since then, officials of the Department of Foreign Affairs have met a broad range of stakeholders. Importantly, this process has engaged fully with victims’ representatives. The intention is to find an agreed way forward that will allow implementing legislation to be introduced in both the UK and Ireland.
The proposals published by the British Government on 14 July for a ‘Statute of Limitations’, ending criminal investigations and prosecutions relating to Troubles-related incidents, as well as inquests and civil litigation, have caused significant upset, shock and concern. They represent a very radical departure from the Stormont House Agreement and we do not accept them as the basis of a way forward. It is important to say that there has been a clear message from victims groups throughout this process that this cannot be the way forward. It has also been strongly and publicly opposed by all the parties.
I have engaged regularly with the Secretary of State for Northern Ireland, Brandon Lewis, who is leading for the British Government on these proposals, including a meeting in person on 3 September in relation to the ongoing legacy engagement process. I also met with the Minister for Justice in Northern Ireland, Naomi Long, on 16 September during which legacy, amongst other issues, was discussed.
It is the position of the Government that there should be effective investigations into all Troubles-related deaths, regardless of the perpetrator. The rule of law and the protections afforded by the European Convention on Human Rights must apply equally to everyone and must be upheld, and this principle is at the core of the Stormont House framework.
We have strongly communicated our position on this issue to the British Government and will continue to do so, and to caution in the clearest terms against any unilateral action. The Government will continue to engage and work with the British Government and the parties represented on the Northern Ireland Executive on this very important issue in the period immediately ahead.
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For Oral Answer on : 18/11/2021
Question Number(s): 28 Question Reference(s): 56353/21
Department: Foreign Affairs
Asked by: Brendan Smith T.D.
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QUESTION
To ask the Minister for Foreign Affairs if he will raise with the Secretary of State for Northern Ireland the long-standing concerns of the families of the victims of the Springhill Westrock Massacre of July 1972 in relation to the totally unacceptable delay in holding an inquest; and if he will make a statement on the matter.
REPLY
Every family bereaved in the conflict, including the family members of the victims of those shot dead in Springhill Westrock in Belfast on 9 July 1972, must have access to an effective investigation and to a process of justice regardless of the perpetrator. All victims’ families deserve support in securing all the information possible about what happened to their loved ones.
Last July marked the 49th anniversary of the Springhill Westrock massacre, which saw Margaret Gargan, John Dougal, David McCafferty, Patrick Butler and Fr Noel Fitzpatrick lose their lives. Their deaths at Springhill were part of the tragic legacy of the Troubles which saw the loss of over 3500 lives from all communities.
The Government welcomed the announcement in 2014 of a new inquest into the deaths of the five Springhill victims by the then Northern Ireland Attorney General John Larkin. It is understood that earlier this year, the case was listed for a pre-inquest hearing, which is expected to take place in the next 12-18 months. It is a matter of disappointment and frustration that it has taken this long for the family’s case to reach this stage. The outcome of the Ballymurphy Inquest demonstrated what can still be achieved on these complex legacy cases all these years later, and the impact that it can have.
As agreed at the BIIGC on 24 June, the Government joined the British Government and the Northern Irish parties in a process of intensive engagement on legacy issues, with discussions beginning in July. The intention is to find an agreed way forward that will allow implementing legislation to be introduced in both the UK and Ireland by the end of this Autumn.
As we have consistently stated, a statute of limitations and the discontinuation of inquests, as proposed by the UK Government in their Command Paper ,is not something that the Government can support. It is important to say that there has been a clear message from victims groups throughout this process that this cannot be the way forward. It has also been strongly and publicly opposed by all the parties.
We have consistently said that we are ready to engage with concerns or issues to do with the implementation of the Stormont House agreement but any such changes must be discussed and agreed by the parties and both Governments. It is vital that any approach is collective if it is to work, and crucially, that it meets both the needs of victims and our shared international human rights obligations.