THE Irish Government has been called on to ‘step up’ on plans to establish a framework to deal with the legacy of the Troubles in Northern Ireland.
This week the Northern Ireland Affairs Committee (NIAC) issued a report into new legislation aimed at addressing the impact of the tumultuous period in Northern Ireland’s history.
The report highlighted concerns raised by victims over the new legislation, which was unveiled by the British and Irish governments in September.
The new agreement, titled The Legacy of the Troubles: A Joint Framework, replaces Britain’s controversial Legacy Act and the new Northern Ireland Troubles Bill, which is based on that framework, is currently going through the legislative process at Westminster.
However in their report the NIAC suggests the Irish Government has yet to act on some parts of the framework it agreed to.
“The Joint Framework commits Ireland to establishing a legacy architecture of its own, and now it needs to demonstrate its commitment to establishing and completing human rights-compliant investigations, underpinned by legislation,” the report states.
“There is also a lack of clarity on the proposed legacy unit in the Garda,” it adds.
“Noting that both governments are signatories to the ECHR, we would urge Dublin to move at pace to show their commitment and mutual good faith and maximise confidence and the likelihood of successful outcomes.”
Tonia Antoniazzi, who is the NIAC Chair, said: “People from across the communities in Northern Ireland and beyond told us during our inquiry that they felt they’d been listened to but not heard.
“While the Government’s new proposals may go some way to alleviating those concerns, Ministers have an opportunity now, through our report, to address the issues that continue to exercise victim-survivors, veterans and others about their plans.
“The legacy of the past in Northern Ireland can never properly be addressed unless the process commands the confidence of all communities where lives have been shaped by loss and trauma.”
The Welsh Labour MP added: “The agreement of the Joint Framework with the Republic of Ireland shows a welcome commitment to cross-border cooperation, but the Irish Government now needs to step up when it comes to establishing a legacy architecture of its own.”
She explained: “Our Committee’s report gives the UK Government the opportunity to pause and reflect on a process that is vital to the future of Northern Ireland.
“If they do, they will help ensure we can all seize this chance to put the people that matter most, those who lived through the Troubles and still experience its effects today, at the heart of this new approach.”
Responding to the comments, Ireland’s Foreign Affairs Minister Helen McEntee said some of the NIAC report’s findings were based on an “inaccurate understanding” of the agreements made under the Joint Framework.
“The House of Commons Northern Ireland Affairs Committee (NIAC) has published a report on the UK Government’s new approach to addressing the legacy of the past in Northern Ireland,” Minister McEntee said.
“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,” she added.
“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,’ she explained.
“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.”