Letter from Lord Caine, July 24 2023
24 July 2023 Our ref: MC/23/354
Dear Mr Kissel,
Thank you for your letter of 29 June to the Prime Minister, the Rt Hon Rishi Sunak MP. I am responding on behalf of the UK Government.
The UK hugely values the US contribution to the Northern Ireland peace process and its strong focus on and interest in Northern Ireland over many years. The continued US support for the Belfast (Good Friday) Agreement, which recently marked its 25th anniversary, is undoubtedly a key reason for its success. Likewise, the UK Government remains steadfast in its commitment to the Agreement.
It is on this basis that we are absolutely clear that the consent principle of the Agreement governs the constitutional position of Northern Ireland. As you will be aware, the Agreement offers only two constitutional options for Northern Ireland; it either remains an integral part of the United Kingdom or it becomes part of a united Ireland. We will not, therefore, countenance any arrangements, such as joint authority, that are inconsistent with the Agreement.
On legacy issues, the UK Government remains determined, through the Northern Ireland Troubles (Legacy & Reconciliation) Bill, to deliver better outcomes, and more
information, for those most affected by the Troubles than is possible through current mechanisms which work for only small numbers of people. This legislation provides a framework that will enable the independent Commission to deliver effective legacy mechanisms for victims and families, while complying with our international obligations. The UK Government acknowledges that the Bill contains uncomfortable and finely balanced choices. We must, however, be realistic about what can be best delivered for families over a quarter of a century after the 1998 Agreement and well over fifty years since the start of the troubles. This is also against a backdrop in which traditional criminal justice outcomes, such as prosecutions, are vanishingly rare.
The UK Government has also, in response to concerns raised by interested parties, including in the US, brought forward a significant package of substantive amendments to the Bill. These amendments provide greater assurance regarding compliance with our international obligations; enhance the independence of the new Independent Commission for Information Recovery and Reconciliation; provide a greater focus on the interests of victims and families; and strengthen provisions related to the process for granting immunity from prosecution to those who engage meaningfully with the Commission – while keeping open the possibility of prosecution, and full sentences, for those who fail to do so.
While immensely difficult and challenging, as I have stated publicly, it is clear that to provide greater information, accountability and acknowledgement to victims and families of the Troubles, we must do things differently.
The Government’s total focus is on the return of a fully functioning devolved government in Northern Ireland alongside the other political institutions across all three strands of the 1998 Agreement. In our view, the Windsor Framework, negotiated by the Prime Minister, is the basis to do that. We continue to work tirelessly to secure that objective.
Yours sincerely
LORD CAINE PARLIAMENTARY UNDER-SECRETARY OF STATE
