Brendan Smith condemns British legacy bill, demands truth for victims
Brendan Smith criticised the Northern Ireland Troubles Legacy and Reconciliation Bill and challenged the British Government's proposals as permitting immunity from prosecution and undermining victims' rights. He urged implementation of the 2014 legacy process, proper resourcing of mechanisms, and continued all‑Ireland cooperation among the three commissions.
Opposition to the Northern Ireland Troubles Legacy and Reconciliation Bill
Brendan Smith said political parties, victims' groups and advocates have been largely united in opposing the Bill. He described the proposals as deplorable, warning that the legislation would allow people to give themselves immunity for prosecution and compared the effect to the actions of other notorious regimes.
Support for the 2014 legacy process and resourcing
He argued that the hard-won 2014 process for dealing with legacy issues should be implemented and its mechanisms properly resourced. He said that returning to established structures is essential so families can get the truth about what happened to their loved ones.
Framework for cooperation among the three commissions
Brendan Smith welcomed evidence of a framework for cooperation between the three commissions and stressed the importance of avoiding duplication of work. He emphasised an all‑Ireland dimension to that cooperation, noting that issues do not stop at the border.
Concerns about the Nationality of Borders Act and cross-border movement
He raised questions about the Nationality of Borders Act and whether there are numbers or concrete evidence on people being stopped. He highlighted the wider environment of concern and fear for cross‑border travellers, pointing to about 30,000 movements per day and the visible mix of Northern and Southern registered cars at schools, hospitals and worksites.
Praise for victim support and advocacy groups
Brendan Smith commended organisations such as WAVE, Tromham, and community groups in Belfast and Derry for their support to families and victims. He praised the grace and dignity of families who have campaigned for decades for truth and urged continued practical support for advocacy groups.
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Thank you very much. I welcome our guests here this afternoon and to Sinead, Alison and Geraldine, thank you for your initial contributions. It is obvious that there is a huge amount of work ongoing by the three commissions. Very importantly, you state that there is a framework for cooperation. I think many times it is often a concern to us when there are different commissions whose work may run in parallel and that there can be duplication and we do not get the return because of duplication. I am very glad to see that there is a good framework for cooperation and collaboration because that is where the best results can be got for the people who need the services and for the people who need that support. In this context it is very important that there is an all-Ireland dimension to the work between the three commissions as well. Issues do not stop at the border, so they do not. Can I just say that the Good Friday Agreement was a huge achievement and so many people contributed to bringing it about. It was about parity of esteem. It was about ensuring that people were treated equally, no matter what belief they had in religion or in politics. It is very, very disappointing to say at the minimum that we are back at a stage now where we are concerned about the diminution of rights. That is not acceptable. It is not acceptable. It is very disappointing that we have come to that day with different legislative measures that are being proposed by the British Government. Can I just say on the Northern Ireland Troubles Legacy and Reconciliation Bill, many occasions of this committee we have discussed with different groups are in outright opposition to those proposals. It is not every day of the week that all the political parties in Northern Ireland, all the victims groups, all the advocates for people are in unison on this particular issue, as is the political voices in our state here as well. It is absolutely deplorable that the British Government brought forward those proposals. It actually allows people to give themselves immunity for prosecution. Literally, if a person committed murder, they can enter into the process that is being proposed through that legislation and practically give themselves immunity. It is not acceptable in any democracy. I heard some of the other groups here talk about Pinochet's regime and other regimes. Talk about tin pot regimes. We would be talking about the deplorable activities of regimes elsewhere, if it happened in South America. We do not expect it to happen in a neighbouring island or in Europe or what we generally refer to as the Western world. I sincerely hope that the new British Government will take a different approach. All of us, and you know through your work and every one of us who are public representatives, have dealt with families who have campaigned for decades and decades to try to get to the truth of what happened, their loved one, their family member. Again, I do not think we can emphasise it often enough. Those people campaign with great grace and dignity. They are not out for vengeance. They are not out for revenge. They are just out to get the truth. And to try to tell those families and individuals and neighbours and friends and communities that have campaigned to try to get to the truth about what happened, a loved one or a member of their community, that all that work is in vain and can be just washed away with legislation. It is not good enough. It is not acceptable. I do not think it can be accepted in any way. I sincerely hope that the new British Prime Minister and the Secretary of State for Northern Ireland will revisit that in a practical way. As we all know, there was a process put in place in 2014 to deal with legacy issues. That was a hard-won agreement as well to secure that, to put those structures in place. That is what should be implemented and those necessary mechanisms properly resourced so that people can get the truth of what happened. We have all met. We have all met. I have worked along with families for decades now who lost loved ones and who have never got the truth. To try to tell them now that their work is all in vain. It was pointless what they did. In any democratic system, it is absolutely deplorable to have that particular approach. I applaud your work. Each of the three of you mentioned about different other work in progress. I think you should keep us informed when you have findings in relation to particular issues. It is very important for our work as well. I think on an occasion like this, you take WAVE, Tromham, Belfast, Derry, elsewhere, other advocacy groups. We have to commend their outstanding work, the support that they give to families, to individual victims. We have to commend their work, and to be more than that. Working in what has to be very difficult circumstances, we have to applaud their work and they have to be supported in every way possible. With regard to the Nationality of Borders Act, the questions were raised earlier by Pauline and also by Rose, do we have numbers in regard to the people who have been stopped? Do we have any concrete evidence? But apart from people being checked, there is the environment now for some people and the concern or the fear that they might be stopped? And all of us know, and Sinead, you referred to the 30,000 movements per day, cross-border movements. It is great to see that. That is people going to work for education, to access health services, going to visit family, going about social activity. But if any of us visit a school, the parking area outside a school, outside a hospital, outside a building site, you will see the registration of the cars. If you go to ones in Northern Ireland, you will see Southern registered cars. Here in our state, you will see Northern registered cars. in all those places of work, which demonstrates that people are travelling, people providing worthwhile services. I can think of people in my own neighbouring area, Fermanagh, who work in Cavanagh on a daily basis and likewise. But for the person who does not have Irish or British citizenship, there is a concern in the back of the mind, will I be stopped or will I not? And I have to take the opportunity to commend the work of the North West Migrants Forum. I met them some time ago, a great group of people advocating on behalf of people who felt vulnerable. So I think we have to bear in mind their concerns at all times. And could I also just say that you mentioned, and I think it was Gerald who mentioned it, about the loss of EU funding and how it can impact on the work of the three commissions. I presume the Irish Human Rights Commission is funded directly by Government here. And you might let me know, if there is not direct Government funding for the other two commissions, are you dependent on EU programmes or other programmes for work? I would have thought that the work of the three commissions should be funded directly by the relevant line department, instead of having to depend on a EU programme that doesn't last for more than five years. Thank you, Agha Heerlich. Thank you very much for your participation at the University of California. Thank you. Nice to meet you. Thank you. Thank you. Thank you. Thank you.
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