Government of Ireland implementation of Stormont House Agreement legacy framework. The Ely Centre 7 September 2018

Similar documents
Stormont House Agreement: Model Implementation Bill

Submission to NIO s Consultation on Addressing the Legacy of Northern Ireland s Past

DEMOCRATIC UNIONIST PARTY RESPONSE TO GOVERNMENT CONSULTATION ADDRESSING THE LEGACY OF NORTHERN IRELAND S PAST

CAJ submission to the UN Committee on the Elimination of all forms of Discrimination against Women (CEDAW) on the UK s 8th Periodic Report

Framework for An Independent Garda Authority

DPI Briefing Note A FRESH START FOR NORTHERN IRELAND

Northern Ireland Peace Monitoring Report. Number Five. October 2018

Assistant Commissioner Mick Feehan Dublin Region

An Bille Cróinéirí (Leasú), 2018 Coroners (Amendment) Bill Meabhrán Mínitheach agus Airgeadais Explanatory and Financial Memorandum

1273 meeting (6-8 December 2016) (DH)

AN BILLE UM CHEARTAS COIRIÚIL (CIONTUITHE SPÍONTA), 2012 CRIMINAL JUSTICE (SPENT CONVICTIONS) BILL 2012 EXPLANATORY AND FINANCIAL MEMORANDUM

Human Trafficking and Exploitation in Ireland. Supported by the Garda Síochána, Mary Immaculate College, and the Department of Justice & Equality

FREEDOM OF INFORMATION REQUEST

Questionnaire for the representative sample of 1,012 respondents

TREATY SERIES 1985 Nº 2. Agreement Between the Government of Ireland and the Government of the United Kingdom

Northern Ireland (St Andrews Agreement) Act 2006

European Union. European Regional Development Fund Investing in your future. St Andrews Agreement. An Aid for Dialogue

An Bille um Chosaint Sonraí, 2018 Data Protection Bill 2018

Coroners and Justice Bill

HC Factsheets L No 8. (Previously Factsheet 15)

An Bille um Chosaint Sonraí, 2018 Data Protection Bill 2018

POLICING OUR COMMUNITIES AN AGREED AGENDA ON GARDA REFORM

COMMISSION FOR VICTIMS AND SURVIVORS RESPONSE TO THE NORTHERN IRELAND AFFAIRS COMMITTEE CONSULTATION ON STORMONT HOUSE AGREEMENT INQUIRY

An Assessment of the Thirteenth Year of Freedom of Information Act Requests to Invest Northern Ireland

2006 No (N.I.17) NORTHERN IRELAND

Future Operation of the Office of the Police Ombudsman for Northern Ireland. A consultation paper

Sea and Air Routes from the UK to the Republic of Ireland

Amnesties Prosecutions and the Rule of Law in Northern Ireland

Implications of Brexit for peacebuilding, reconciliation, identity and political stability in Northern Ireland and on the island of Ireland

Submission by the Ulster Unionist Party to the Northern Ireland Office Consultation Paper ADDRESSING THE LEGACY OF NORTHERN IRELAND S PAST

Northern Ireland (Miscellaneous Provisions) Bill

Human Rights in Northern Ireland May Equality Commission to investigate Community Halls and Líofa Funding Decisions

INTRODUCTION BY THE SECRETARY GENERAL

PROTOCOL No.3 WITNESSES PROTOCOL. 1.1 The evidence for the Inquiry includes both documentary evidence and the testimony of Witnesses.

DÁIL ÉIREANN AN ROGHCHOISTE UM DHLÍ AGUS CEART, COSAINT AGUS COMHIONANNAS SELECT COMMITTEE ON JUSTICE, DEFENCE AND EQUALITY

NORTHERN IRELAND POLICING BOARD STRATEGIC OUTCOMES FOR POLICING IN NORTHERN IRELAND

Guidelines Fit and Proper Person Assessments

AN BILLE UM CHEARTAS COIRIÚIL (SUBSTAINTÍ SÍCIGHNÍOMHACHA) 2010 CRIMINAL JUSTICE (PSYCHOACTIVE SUBSTANCES) BILL 2010

Impact of Victim Personal Statement in Northern Ireland and Potential for Further Reform

FREEDOM OF INFORMATION REQUEST

Hearing on the Northern Ireland Peace Process Today: Attempting to Deal With the Past

How many of the current negotiation issues could be dealt with by the NI Bill of Rights? (S461)

Freedom of Information Act 2000 (FOIA) Decision notice

INFORMATION SHARING AGREEMENT This document is NOT PROTECTIVELY MARKED

Public Consultation Paper for Ireland s Third National Action Plan Women, Peace and Security Submitted by The Next Chapter project 1

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Opening Statement by IFA President Joe Healy to the Joint Oireachtas Committee on Justice and Equality on Community Policing and Rural Crime

Version No. Date Amendments made Authorised by N/A ACC Hamilton (PSNI)

United Nation Convention on the Rights of Persons with Disabilities. Convention on the Rights of Persons with Disabilities (CRPD) Joint Committee

EQUALITY COMMISSION FOR NORTHERN IRELAND

Information Commissioner s Office. ICO response to consultation on revisions to PACE codes

An Bille um an Dlí Coiriúil (Dlínse Sheach-Chríochach), 2018 Criminal Law (Extraterritorial Jurisdiction) Bill 2018

Number 22 of Financial Services and Pensions Ombudsman Act 2017

Proposed Restorative Justice and Reparations Scheme

investigation and that there were no proposals for an effective investigation in the very cases that were the subject of those judgments.

PART 15 FUNCTIONS OF REGISTRAR AND OF REGULATORY AND ADVISORY BODIES. Chapter 1. Registrar of Companies

THE BRIBERY ACT 2010 POLICY STATEMENT AND PROCEDURES

An Garda Síochána Policy Directive No. 075/2017

An Bille um Chosaint Sonraí, 2018 Data Protection Bill 2018

Department of Justice and Equality Trafficking in Human Beings in Ireland Annual Report, Contents

Implementing the Petition of Concern (S469) CAJ Briefing Note, January 2018; summary:

Guidelines for completing Vetting Invitation Form (NVB 1)

Submission to the Garda Síochána Policing Plan 2018

Introduction. Ratified by the UK in Ratified by the UK in Ratified by the UK in 2000.

British Irish RIGHTS WATCH

NORTHERN IRELAND HUMAN RIGHTS COMMISSION. Held on Monday 11 November At 1.00pm in the NIHRC Office, Temple Court, 39 North Street, Belfast

Mini Hearing of Parliament

DELEGATED POWERS AND REGULATORY REFORM COMMITTEE CRIME (OVERSEAS PRODUCTION ORDERS) BILL MEMORANDUM BY THE HOME OFFICE

AkiDwA welcome the opportunity to make a submission on Ireland s 2 nd National Action Plan on Women Peace and Security

Paramilitary Groups (Northern Ireland)

Supported by the Raoul Wallenberg Institute of Human Rights and Humanitarian Law May 2016, London and Belfast.

Guidelines for completing Vetting Form (NVB 2)

DNA Database System Oversight Committee Annual Report

IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND QUEEN S BENCH DIVISION (JUDICIAL REVIEW) Gribben s (Sally) Application [2015] NIQB 27

Report of the Garda Síochána Inspectorate. Review of Entry Routes to the Garda Síochána. Advice by the Garda Síochána Inspectorate

CORPORATE STRATEGY

IRFU - Garda Vetting Process & ID Check

Recommendations of the Irish Human Rights And Equality Commission on the Garda Síochána (Amendment)(No. 3) Bill 2014.

EQUALITY COMMISSION FOR NORTHERN IRELAND COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN (CEDAW): POST UK STATE PARTY EXAMINATION UPDATE

CIArb/IMPRESS ARBITRATION SCHEME RULES ( the Rules ) FOR USE IN ENGLAND, WALES, SCOTLAND, AND NORTHERN IRELAND

Trade Bill EXPLANATORY NOTES

Garda Professional Standards Unit

SANCTIONS AND ANTI-MONEY LAUNDERING BILL AMENDMENT TO BE MOVED IN COMMITTEE

JUDGMENT. In the matter of an application by Hugh Jordan for Judicial Review (Northern Ireland)

Annual Report of Trafficking in Human Beings in Ireland for Anti-Human Trafficking Unit Department of Justice and Equality

Guiding principles for the Dialogue on Ireland/Northern Ireland

Irish Government Publishes Data Protection Bill 2018

Annual Report of Trafficking in Human Beings in Ireland for Anti-Human Trafficking Unit Department of Justice and Equality

for Northern Ireland

Human Trafficking and Slavery: Strengthening Northern Ireland s Response

NORTHERN IRELAND: A DIVIDED COMMUNITY, CABINET PAPERS OF THE STORMONT ADMINISTRATION

A (800) (800)

House of Commons NOTICES OF AMENDMENTS. given up to and including. Friday 19 October 2018

EXPLANATORY MEMORANDUM. provide for a reduction in the Blood Alcohol Content (BAC) level for drivers;

Criminal Justice (Forensic Sampling and Evidence) Bill General Scheme

1998 No (C.61) TERMS AND CONDITIONS OF EMPLOYMENT

A Right to Protection Follow-up Vetting Review: October 2006 March Chapter 1

Fordham International Law Journal

After the Scotland Act (1998) new institutions were set up to enable devolution in Scotland.

Annex - Summary of GDPR derogations in the Data Protection Bill

Transcription:

Government of Ireland implementation of Stormont House Agreement legacy framework The Ely Centre 7 September 2018

Eoghan Duffy Deputy Director Political and Legacy, Northern Ireland Department of Foreign Affairs and Trade 2 An Roinn Gnóthaí Eachtracha agus Trádála Department of Foreign Affairs and Trade

Irish Government role Stormont House Agreement sets out the role / responsibilities of the Irish Government in respect of the legacy framework: Historical Investigations Unit Independent Commission for Information Retrieval Oral History Archive Implementation and Reconciliation Group Legacy inquest function also referenced in SHA 3 An Roinn Gnóthaí Eachtracha agus Trádála Department of Foreign Affairs and Trade

1. Cooperation with the HIU Criminal investigations: Garda - HIU cooperation: Mutual Legal Assistance Same framework for Garda-PSNI cooperation No new legislation required, established system Enables broad investigative cooperation Operates IRL-NI and NI-IRL Non-criminal investigations: Amendment to Garda Síochána Act 2005 4 An Roinn Gnóthaí Eachtracha agus Trádála Department of Foreign Affairs and Trade

1. Cooperation with the HIU Irish Government committed to full co-operation with the HIU including full disclosure Disclosure must be legal - protect life / fundamental rights / security of state Same obligations apply for current cooperation with PSNI Same framework for Garda requests to PSNI and HIU 5 An Roinn Gnóthaí Eachtracha agus Trádála Department of Foreign Affairs and Trade

1. Historical Investigations Unit Different disclosure provisions as compared with the UK?: Material provided by Gardaí will cross an international border, unlike material from UK agencies Different jurisdiction: Garda Commissioner must uphold duties, including to protect life and fundamental rights Cannot be outsourced 6 An Roinn Gnóthaí Eachtracha agus Trádála Department of Foreign Affairs and Trade

1. Historical Investigations Unit Review / appeal provisions: Five elements: Any redaction - reasons will be given to the HIU Director. Cases will be rare. Judicial arrangement for Garda Commissioner and HIU Director in decision-making process SHA Bill Clause 18(5): HIU family reports must: state whether information from Irish authorities was provided in redacted form include a statement about cooperation by the Irish authorities Judicial Review by HIU Director and/or family of Garda Commissioner decision Irish Government does not have any role in reviewing HIU family reports, even if they contain material provided by Irish authorities 7 An Roinn Gnóthaí Eachtracha agus Trádála Department of Foreign Affairs and Trade

2. Inquests current position Coroner s inquests into deaths connected with the Troubles - referenced in the Stormont House Agreement Cooperation from Gardai - inquests not a criminal investigation, so Mutual Legal Assistance framework does not apply Current cooperation through Ministerial regulation 8 An Roinn Gnóthaí Eachtracha agus Trádála Department of Foreign Affairs and Trade

2. Inquests enhanced cooperation New legislation Draft general scheme - November 2017 Criminal Justice International Cooperation Bill: Northern Ireland Coroner to access testimony in the High Court from Garda officers in respect of Legacy Inquests Garda cooperation with non-law enforcement agencies enhanced basis for transfers of documentation to NI Coroner 9 An Roinn Gnóthaí Eachtracha agus Trádála Department of Foreign Affairs and Trade

3. Independent Commission on Information Retrieval Cross-border body Access for families and information sought, regardless of location. International agreement between Irish and UK Governments 2015 Legislation in UK and Ireland to establish the ICIR in each jurisdiction Preparation of Irish legislation is advanced: Provide ICIR with necessary immunities and penalties for unauthorised disclosure ICIR under a duty to protect life in the exercise of its functions 10 An Roinn Gnóthaí Eachtracha agus Trádála Department of Foreign Affairs and Trade

4. Oral History Archive OHA accessible to people regardless of location throughout UK and Ireland No legislation required in Ireland to allow victims and survivors to contribute to the OHA Irish Government will legislate as required to protect contributors from defamation and other proceedings 11 An Roinn Gnóthaí Eachtracha agus Trádála Department of Foreign Affairs and Trade

5. Implementation and Reconciliation Group No legislation required in Ireland for the establishment of the IRG Irish Government will nominate one member of the IRG (11 members in total) Statement of acknowledgment at the end of the IRG s work 12 An Roinn Gnóthaí Eachtracha agus Trádála Department of Foreign Affairs and Trade

Emerging themes Importance of HIU-Garda cooperation for investigations in both jurisdictions Concern to see comparable access / provision Interest in ICIR, how will it work / kinds of information / verification Wish for pro-active role by OHA to gather and share experiences Role for IRG - reconciliation 13 An Roinn Gnóthaí Eachtracha agus Trádála Department of Foreign Affairs and Trade

Thank you Victims and Survivors Forum Belfast, 24 August 2018