Brendan Smith calls British bill a 'charter' excusing murderers
Brendan Smith condemned proposed British legislation as a 'charter' that would excuse murderers and deny victims truth and justice. He argued the bill breaches the Good Friday Agreement, contravenes international law and would close avenues for prosecutions and investigations.
Key criticism of the legislation
Brendan Smith said the bill effectively grants amnesty to perpetrators, whether from state forces or paramilitary organisations, calling the proposal "shambolic" and "reprehensible." He compared the measure unfavourably to historical amnesties and warned it would be a dark step for any democratic society.
Legal and international concerns
Smith highlighted the committee's legal assessment, quoting paragraph nine that the bill is "unworkable, is in breach of the Good Friday Agreement, interferes with the devolved administration of justice in Northern Ireland, contravenes binding international law, and that it would not deliver for victims and survivors." He stressed those legal findings back up political opposition.
Impact on victims and families
He emphasised the human cost, noting families who have campaigned for decades simply want the truth rather than vengeance. Smith said the bill would cut off avenues to establish truth and to pursue prosecutions, leaving victims and survivors without resolution.
Political engagement and committee praise
Smith complimented the presenters and the committee's ongoing work and noted their contact with the Department of Foreign Affairs, the Taoiseach, the Minister for Foreign Affairs and other government members who have repeatedly opposed the legislation. He urged continued international and legal pressure and praised the committee's clear, succinct case against the bill.
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Thank you very much. I want to thank Ciaran and Daniel for the excellent presentation once again to this committee, an absolute clarity again in your presentation on a complicated issue, but I think from listening to you and from previous discussions as well, it's obvious that this legislation proposed by the British Government, it's a charter to excuse murderers, murderers whether they were from state forces or paraministry organisations, and in any democratic society, it's a sad day when we're talking about introducing that type of legislation, and from what I gathered from your comments as well was, a person could literally grant themselves an amnesty, if they say it to the best of their, true to the best of their knowledge and belief, that's shambolic altogether to put it very, very mildly, it's absolutely, it's reprehensible, it's absolutely unacceptable, I think we had discussions in the Dáil and Shannon, many of us would have participated in here, back over the past, since this bill was first introduced by the British Government, and you know, I for one another would have used the, compared the legislation to what tin pot regimes in South America would be introducing, that was a political charge on my part, but you put a legal hat on that, when you mention about it, it's even less than General Pinochet granted people, so I think that from you outline that clearly, it's we can make the political charge, which we stand over, but when you state that in bold legal terms, it's a fairly frightening message, it's a fairly frightening message, that this is the type of legislation proposed by a Government, and unfortunately passed through a House, in the British Parliament, it's absolutely reprehensible, could I just say, paragraph nine of your opening statement, I think it's powerful, it's so comprehensive, and it's so succinct, and it sends out really a stark, stark message, and I just quoted, we've concluded that the bill is unworkable, is in breach of the Good Friday Agreement, interferes with the devolved administration of justice in Northern Ireland, contravenes binding international law, and that it would not deliver for victims and survivors, many of whom have waited for decades for truth and justice. Do you know, that's, that's a powerful summary, of what shouldn't be done, in regard to dealing with legacy issues, and it's absolutely shameful, that any Government, or people who voted for this legislation, in the British House of Commons, that they would put their names, to such, such reprehensible legislation. You know, all I can say is, without, without taking up time on that, is to compliment you, you and your committee, and your colleagues, on the excellent work that you do, and you said that you have a lot of close contact, and interaction with the Department of Foreign Affairs, both the Taoiseach here, the Minister for Foreign Affairs, and other members of the Government, and people of all political groupings in this House have outlined very, very, very clearly, on every occasion, their absolute opposition to this, to this legislation. And, the one thing, that, and my colleague, Senator Erdogan referred to, to, to, to murders, horrific murders that took place years ago, some of them carry out the panel military organisation, some carried out by British forces, and, and we all know that time is ebbing away. There are families who have campaigned for decades, and whom I and others have, have supported over the years, trying to get justice. So, this is proposing to call, cut off any avenue to, to getting the truth, never mind getting, getting the person prosecuted. And all of those families who, who act with such great, grace and dignity, all of the time, all they ever want to get, is to get the truth. There's nothing vengeful about them, they're very, very gracious, so they are. But, to just say to those families, some of them have been here with us at this committee, we meet them in our own constituencies. To say to them, under, it doesn't matter now what work you've done, or what, maybe, conclusion the investigation will be coming to, that's all for naught. It's, it's, it's absolutely deplorable. So, I just, what, in your work, in your ongoing contact with international bodies as well, I think it's great that it's not just this clear, stark message, with great clarity that you give. It's not just coming from us public representatives and a political message, that it's coming backed up by, by international law as well. So, I just compliment you on your work, and keep up that good work. Thank you, Acahirleag. Thank you, Acahirleag.
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