Statement by Minister McEntee on publication of Northern Ireland Affairs Committee Report

This morning the House of Commons Northern Ireland Affairs Committee (NIAC) published a report on the UK Government’s new approach to addressing the legacy of the past in Northern Ireland. I very much welcome the engagement of NIAC on the issue of legacy, and recognise that this report comes out of the very valuable hearings that the Committee has held throughout the year, with a wide range of stakeholders.

At the same time, some of what is contained in the report in respect of the Government of Ireland’s commitments on legacy seem to be based on an inaccurate understanding of the Joint Framework on Legacy agreed by the two governments in September.

In particular, NIAC conclude in the report that the Irish Government need to ‘establish and complete human rights compliant investigations, underpinned by legislation’ for Troubles-related cases.

It is important to be clear that, unlike the situation in Northern Ireland, the Government of Ireland never closed down unresolved investigations into Troubles-related incidents, and that fully ECHR compliant investigative structures already exist in this jurisdiction. In circumstances where historic offences have not been resolved, the investigations remain open and the Garda Authorities follow up fully on any new evidence or information that becomes available to them.

By contrast, the 2023 UK Legacy Act has been found by the courts in Northern Ireland to be in breach of the UK’s Human Rights Act, and by extension the ECHR. That is why the Labour Government, when it took office, committed to fundamental reform of the Act, and the Commission it establishes.

The priority for both governments is to implement in full the respective commitments that we made in the Joint Framework. For the Government of Ireland, that means establishing the new Garda Unit as a central point of contact on legacy, which will be up and running by the end of the year, and preparing legislation to ensure that we can cooperate fully with the reformed Legacy Commission that the UK Government will establish. We look forward to the UK legislation establishing this Commission being finalised, and we will continue to work constructively and in good faith with the Secretary of State for Northern Ireland, Hilary Benn, as he brings the relevant legislation through the relevant parliamentary processes.

In relation to the Inquiry on the Omagh Bombing, in April the government agreed a Memorandum of Understanding with the Inquiry to assist it in carrying out its terms of reference. This work is now underway, as recognised by Counsel to the Inquiry at the procedural hearing on 12 November. We will continue to work closely with the Inquiry team, and the Minister for Justice will bring forward legislation shortly to facilitate the provision of oral testimony for the purposes of the Inquiry.

My department will of course continue to engage with NIAC, including in relation to Legacy issues, and DFAT officials will be meeting NIAC later today to discuss their report.

ENDS