Secretary of State for Northern Ireland Chris Heaton-Harris has insisted the “friction” between London and Dublin over the British government’s controversial Troubles Legacy Act will not affect a joint bid for US investment into Northern Ireland this week.
Speaking in advance of his trip to Washington DC for political and economic engagements before the annual St Patrick’s Day White House ceremony, Mr Heaton-Harris admitted a “significant parting of ways” over the legal challenge mounted by the Irish Government in the European Court of Human Rights earlier this year to the British legislation.
“I absolutely profoundly regret the decision taken by the Irish Government to bring what I perceive to be an unnecessary interstate case against the UK government,” Mr Heaton-Harris told The Irish Times. “I just think the case was premature, it didn’t need to happen when it happened.”
Last month, a High Court judge in Belfast ruled that the central plank of the Legacy Act — an offer of conditional immunity from prosecutions for Troubles-related killings — is in breach of international human rights law.
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Tánaiste and Minister for Foreign Affairs Micheál Martin said at the time that the judgment was “not a surprise” as it “reflected and underpinned” the course of action which the Irish Government had taken.
However, Mr Justice Colton also found that the investigative body set up under the legislation, the Independent Commission for Reconciliation and Information Recovery (ICRIR), had sufficient independence and powers to effectively investigate deaths and offences linked to the 30-year conflict.
Mr Heaton-Harris said that while in Washington, he will continue to “press the case” for the Irish Government to “engage with the ICRIR”.
[ Legacy Act: Immunity for Troubles-era killings 'breaches human rights law'Opens in new window ]
Asked to react to the comments, a Department for Foreign Affairs spokesman noted the outcome of the High Court ruling, “in particular its immunity provisions, is not compliant with the European Convention on Human Rights”.
“Regarding the ICRIR established by the Legacy Act, the Government’s concerns about the Act’s compliance with the convention are now before the European Court of Human Rights. It is for the court to make a determination and we will not litigate the case in the media,” he said.
Despite the fallout, relations are “good in general” between the two sides, according to the Northern Secretary and the initial focus of the US trip will be attracting American companies to invest in the North following the restoration of Stormont.
“Forgive me for not being as negative about the relationship between the government of the UK and the Government of the Republic of Ireland because I’ve been in politics for a period of time — all relationships have interesting points in them,” he added.
“I’ve got a really good personal relationship with my main interlocutor, the Tánaiste. I know that together we’re going to be making quite a case for inward investment to Northern Ireland because it benefits everybody — so hopefully with the element of friction people see, they’ll also be able to see how we can work together.”
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The US trip follows the publication of the long-awaited interim report on the activities of the British army top IRA spy during the Troubles, code-named Stakeknife.
The damning Operation Kenova inquiry concluded that the double agent, widely identified as Belfast IRA member Freddie Scappaticci, cost more lives than he saved.
One of its main recommendations was a call for the UK government and republican leadership to apologise “for failing to prevent torture and murder of suspected informants”.
Mr Heaton-Harris confirmed he had read the 207-page report but said his position remains the same as last week, in that the UK government will not comment until the final version of Kenova is released.
“Cases relating to Operation Kenova still remain under consideration by the courts. I have learned over time that it’s completely inappropriate for me or the government to make comment on the substance of the interim report until we’ve concluded all the relevant litigation,” he said.
The Northern Secretary also refused to be drawn on British government funding towards the Casement Park redevelopment in advance of the Euro 2028 soccer tournament until the final cost is determined by Stormont’s Department for the Communities.
“I am unbelievably keen to see games at Casement and see Euro games played in a redeveloped stadium there,” he said.
“There is no blank cheque for these sort of things; this is public money and choices have to be made.
“I am actually hopeful but it needs full and final figures to be more concrete than they are at this point.”
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