Asked by: Baroness Foster of Aghadrumsee (Non-affiliated - Life peer)
Question to the Northern Ireland Office:
To ask His Majesty's Government whether they will legislate to reverse the effect of the judgment of the Supreme Court in R v Adams [2020] UKSC 19 to ensure that Gerry Adams is not entitled to receive public money due to his detention in the 1970s and to restore the doctrine created as a result of the judgment in Carltona v Commissioners of Works [1943] 2 All ER 560 under which a duly authorised official is able to take executive decisions on a Secretary of State's behalf.
Answered by Baroness Anderson of Stoke-on-Trent - Baroness in Waiting (HM Household) (Whip)
The main issue here is the application of the Carltona principle in the context of Interim Custody Orders. The previous Government’s attempt to address this following the 2020 Supreme Court judgment in Adams has been found by the Northern Ireland courts to be incompatible with our international obligations and we need to find a better way of reaffirming this principle.
The Government is carefully exploring how to address this complex issue alongside our clear commitment to implement legacy mechanisms that are fully compliant with human rights, and will do so in upcoming Primary Legislation.
Asked by: Baroness Foster of Aghadrumsee (Non-affiliated - Life peer)
Question to the Northern Ireland Office:
To ask His Majesty's Government when they will announce the independent expert who will scope out the viability of a transition process within the remit of the Independent Reporting Commission.
Answered by Baroness Anderson of Stoke-on-Trent - Baroness in Waiting (HM Household) (Whip)
The Secretary of State for Northern Ireland expects to be in a position to make an announcement on this appointment in the near future.
Asked by: Baroness Foster of Aghadrumsee (Non-affiliated - Life peer)
Question to the Northern Ireland Office:
To ask His Majesty's Government what discussions if any they had with the government of Ireland about the Omagh Bombing Inquiry at the British–Irish Intergovernmental Conference on 24 April.
Answered by Baroness Anderson of Stoke-on-Trent - Baroness in Waiting (HM Household) (Whip)
The Government has the deepest sympathy for all of those affected by the Omagh bomb in August 1998. It was a terrible atrocity committed by the Real IRA at a time when the people of Northern Ireland were looking to a future without violence, and it caused immeasurable suffering to the families who lost loved ones and to those who were injured.
The Secretary of State for Northern Ireland has welcomed the Irish Government's public commitment to cooperate with the Omagh Bombing Inquiry, as outlined in the memorandum of understanding signed directly between the Inquiry and the Irish Government.
At the British-Irish Intergovernmental Conference on 24 April, the Government and the Government of Ireland discussed Legacy issues, including the Omagh Inquiry, and the need for clear reciprocal commitments by the UK Government and the Government of Ireland. Ultimately, securing the confidence of victims, survivors, and families will remain at the heart of the work of both Governments.
Asked by: Baroness Foster of Aghadrumsee (Non-affiliated - Life peer)
Question to the Northern Ireland Office:
To ask His Majesty's Government, further to the Written Answer by Baroness Anderson of Stoke-on-Trent on 5 November (HL1933), why they do not intend to repeal section 10(1)(b) of the European Union (Withdrawal) Act 2018, despite the commitment set in the Safeguarding the Union Command Paper (CP1021)
Answered by Baroness Anderson of Stoke-on-Trent - Baroness in Waiting (HM Household) (Whip)
The Government is committed to taking all necessary steps to protect the UK internal market while implementing the Windsor Framework in good faith, including having regard to all aspects of the Northern Ireland economy.
Section 10(1)(b) refers to the Joint Report between the UK and EU negotiators of October 2017, which makes reference, among other things, to the all-island economy. The all-island economy is a fact and greatly to the benefit of businesses and people in Northern Ireland, as is Northern Ireland’s trade within the UK internal market.
Asked by: Baroness Foster of Aghadrumsee (Non-affiliated - Life peer)
Question to the Northern Ireland Office:
To ask His Majesty's Government what is the timescale for repealing section 10(1)(b) of the European Union (Withdrawal) Act 2018, in accordance with the commitment set out in paragraph 116 of the Safeguarding the Union Command Paper (CP1021).
Answered by Baroness Anderson of Stoke-on-Trent - Baroness in Waiting (HM Household) (Whip)
The Government is committed to taking all necessary steps to protect the UK internal market while implementing the Windsor Framework in good faith, including having regard to all aspects of the Northern Ireland economy, and taking forward policies in the Safeguarding the Union Command paper.
The Government has no current plans to repeal section 10(1)(b) of the EU (Withdrawal) Act 2018.
Asked by: Baroness Foster of Aghadrumsee (Non-affiliated - Life peer)
Question to the Northern Ireland Office:
To ask His Majesty's Government what progess they have made in setting up the Castlereagh Foundation as set out in the New Decade, New Approach Deal of 2020 and subsequent legislation.
Answered by Baroness Anderson of Stoke-on-Trent - Baroness in Waiting (HM Household) (Whip)
The Identity and Language (Northern Ireland) Act 2022 recognises Northern Ireland's rich diversity of identity and language, and benefits both Irish language speakers and those from the Ulster Scots and Ulster British tradition. The Government continues to work with the Executive on the implementation of the Act.
Asked by: Baroness Foster of Aghadrumsee (Non-affiliated - Life peer)
Question to the Northern Ireland Office:
To ask His Majesty's Government what progress they have made to establish a Homecoming project to strengthen links and relationships with the Northern Ireland diaspora and alumni across the world, as detailed in the New Decade, New Approach Deal of 2020.
Answered by Baroness Anderson of Stoke-on-Trent - Baroness in Waiting (HM Household) (Whip)
As set out in the third written ministerial update on New Decade, New Approach, tabled by the then Secretary of State for Northern Ireland on 26 April 2023, the previous Government concluded that there was no viable delivery route for the Homecoming programme that met key requirements of regularity, propriety, value for money and feasibility.
Asked by: Baroness Foster of Aghadrumsee (Non-affiliated - Life peer)
Question to the Northern Ireland Office:
To ask His Majesty's Government what discussions they have held with the government of Ireland regarding the possibility of that government establishing a public inquiry into the Omagh bombing of 1998.
Answered by Lord Caine - Shadow Minister (Northern Ireland)
In October 2021, the Northern Ireland High Court found that an Article 2 compliant investigation into the Omagh bombing had not taken place, citing four grounds which the Court held could give rise to plausible arguments that there was a real prospect of preventing the Omagh Bomb. The Gallagher judgement also expressed a desire that a simultaneous Article 2 compliant investigation occur in Ireland, though it recognised that it was not within the Court’s power to order a cross-border investigation.
In response to the findings of the Court, the Secretary of State announced in February 2023 that the Government would establish an independent statutory inquiry into the Omagh bombing. In June 2023, the Secretary of State appointed Lord Alan Turnbull as Chairman of the Omagh Bombing Inquiry. The Government continues working at pace to finalise the Inquiry’s Terms of Reference as soon as possible.
While this is, of course, a matter for the Irish Government, the UK Government is keen to understand what consideration it has given, since the Gallagher judgement, to the setting up of an investigation in Ireland to discharge its obligations under Article 2 of the European Convention of Human Rights. This issue was directly raised most recently by me at the British-Irish Intergovernmental Conference on 28 November 2023.
This is one of several legitimate questions regarding the Irish Government’s record of dealing with legacy matters in its own jurisdiction.
Asked by: Baroness Foster of Aghadrumsee (Non-affiliated - Life peer)
Question to the Northern Ireland Office:
To ask His Majesty's Government what discussions they have had with the government of Ireland on any plans to prosecute Father Patrick Ryan following recent admissions published in the book The Padre: The True Story of Irish Priest who armed the IRA with Gadaffi's Money, published in August.
Answered by Lord Caine - Shadow Minister (Northern Ireland)
Criminal prosecutions regarding alleged criminal conduct in Ireland during the Troubles is a matter for the Irish authorities.
The Independent Commission for Reconciliation and Information Recovery (ICRIR) established by the UK Government’s Northern Ireland Troubles (Legacy & Reconciliation) Act will conduct reviews into Troubles-related deaths and serious injury, with the primary objective of providing information to families, and victims and survivors.
The ICRIR will have all the necessary powers to conduct criminal investigations as part of any review, and will be able to refer cases relating to conduct which took place in the UK for prosecution in cases where conditional immunity from prosecution is not granted and sufficient evidence exists.
The legislation includes a requirement of full disclosure by UK bodies & agencies. Effective information recovery mechanisms for many families, however, will require the cooperation of both governments. The Government hopes, therefore, that the Irish Government will, in the absence of an alternative in place for dealing with Troubles-related incidents, support the work of the ICRIR in delivering better outcomes for victims and families across the UK and Ireland.
Asked by: Baroness Foster of Aghadrumsee (Non-affiliated - Life peer)
Question to the Northern Ireland Office:
To ask His Majesty's Government, further to paragraph 21 of Annex A of the New Decade, New Approach Deal, published in January 2020, how they have ensured that the work of the War Memorials Trust has been better promoted and understood in Northern Ireland.
Answered by Lord Caine - Shadow Minister (Northern Ireland)
Officials have been engaging with the Department of Communities in order to ensure that our work on this commitment both complements the Department’s strategic approach and existing policies on built heritage in Northern Ireland, and is proportional to current pressures on public spending.