Dáil Éireann Debate, Tuesday - 9 July 2024
89. Deputy Aindrias Moynihan asked the Tánaiste and Minister for Foreign Affairs 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. [29780/24]
Amharc ar fhreagraOn 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 Convention, including Article 2 (right to life), Article 3 (the prohibition of torture and inhuman or degrading treatment), Article 6(1) (the right of access to a court), Article 13 (right to an effective remedy), and Article 14 (prohibition of discrimination).
The 12-week period within which third parties may seek leave to intervene in this case expired on 2 May 2024. A relatively large number of intended third parties have sought leave to intervene in this case. The Court’s decision to grant this leave has not yet been made.
The first substantive step would be for the Court to consider the admissibility of the Government’s application. The Court will consult with the parties in due course with a view to fixing the procedure, which could be written or, by request, oral. The timing for this is a matter for the Court, but it will not be earlier than this autumn. The parties will be informed in due course of the composition of the Chamber of the Court which will examine this case.
The decision to initiate an inter-State case was not taken lightly. It was the only viable course of action after other efforts to effect meaningful change in the previous British Government's approach were unsuccessful.
In the lead up to the general election in the UK, the Labour party committed in their manifesto to repealing and replacing the Legacy Act, and returning to the principles of the Stormont House Agreement. I welcome that commitment. I spoke with the new Foreign Secretary David Lammy and the new Secretary of State for Northern Ireland Hilary Benn on July 5, and the Taoiseach spoke with PM Starmer on the same day. The issue of legacy featured in all three calls. The Government will work closely and with urgency with the British Government in the period to try to find a better way forward. Compliance with the European Convention on Human Rights and respecting the needs of victims will continue to be at the heart of the Government’s approach.
The case at the European Court of Human Rights has been taken on the basis of the Legacy Act as it currently stands. As the situation evolves, we will keep all options under review. A partnership approach between this Government and our UK counterparts will be essential moving forward.
