British-Irish meeting overshadowed by asylum issue

Micheál Martin and Chris Heaton-Harris arrive for the British Irish Intergovernmental Conference press conference

Tánaiste (Irish deputy PM) Micheál Martin has denied that a row is developing between Ireland and the UK over asylum seeker policy.

He was speaking in London after ministers from the two governments met as part of the British Irish Intergovernmental Conference on Monday.

Issues around the NI Legacy Act were among the main topics discussed.

The UK government and NI were represented by NI secretary Chris Heaton-Harris and Lord Caine.

While Mr Martin was due to be joined by the Irish Justice Minister Helen McEntee, she pulled out of the conference, after a meeting with the UK home secretary James Cleverly, also due to take place on Monday, was postponed at short notice on Sunday night.

Ms McEntee and Mr Cleverly had been due to discuss migration, following concerns from the Irish government over the numbers of asylum seekers entering the Republic from NI.

The British Irish Intergovernmental Conference (BIIGC) was set up by the Good Friday Agreement to "promote bilateral cooperation at all levels on all matters of mutual interest within the competence of the UK and Irish governments".

Monday's meeting was the first BIIGC since power-sharing at Stormont returned earlier this year.

During it, the ministers discussed and welcomed the restoration of that the Northern Ireland Executive, Assembly and North South Ministerial Council.

They also spoke about the current security situation, including the reduction of the threat level in Northern Ireland to 'substantial' in March.

Legacy clashes

A major talking point was the UK's legacy law, which the Irish government has repeatedly opposed.

From Wednesday, inquests into Troubles-related killings which have not concluded by then will close.

The Irish government is taking a case against the UK at the European Court of Human Rights in Strasbourg.

'Full co-operation'

In terms of the Omagh Inquiry, to be chaired by senior Scottish judge Lord Turnbull, Mr Martin said: "I don't want anything held back in terms of co-operation with Lord Turnbull and I want as full a co-operation as we possibly can give to that inquiry. The victims deserve no less… Our ultimate objective is to do right by the victims."

Ministers also discussed issues of concern in respect of individual legacy cases, including the Dublin and Monaghan bombings.

The Legacy and Reconciliation Act was passed at Westminster last year, with the government arguing that it is an attempt to draw a line under the events of the past.

An Independent Commission for Reconciliation and Information Recovery (ICRIR) has also been set up.

The aim of this new organisation is to help families find out more about the circumstances of how their loved ones were killed or seriously injured.

Lord Caine, who has worked on amendments to the Legacy Act, said on Monday that he "would reject completely any suggestion that this is about a cover-up, because the new body [ICRIR] will have access to far more state records than has ever been available to any such body in the past".

"We want to deliver as many answers as possible," he said.

"There will be some things that will emerge that will be difficult for the UK government and the British state. Similarly there will be things which emerge which are difficult for paramilitaries and former paramilitaries."

The part of the act which offered conditional immunity from prosecution for Troubles offences was struck out by the High Court in Belfast in February.

However, the ruling is being appealed by the government.

Northern Ireland Secretary Chris Heaton-Harris had previously said he was committed to implementing the legislation.

'Upset relations'

However, the issue of immigration overshadowed Monday's BIIC.

The Irish government has said it has seen an influx of asylum seekers coming from Northern Ireland because they are fearful of being sent to Rwanda.

It is preparing legislation to allow arrivals to be sent back to the UK.

• UK won't take Ireland asylum returns, says Sunak

• Is the Rwanda policy driving migrants to Ireland?

Mr Martin told reporters at a joint press conference with Mr Heaton-Harris that the legislation relates to an agreement struck between the two governments after Brexit.

He said the Irish government wanted to "legislate for the decision" taken by the Irish High Court, which found that Ireland could not designate the UK a "safe third country" and return asylum seekers because of the threat that they would be sent to Rwanda.

Mr Martin said any agreements on migration "need to be mutual" and both governments "are committed to working together".

"No one country can say we're sending back if there's not a reciprocal agreement and it works both ways," he added.

When asked by BBC News NI about a "developing row" between the two governments, Mr Martin said: "The language [being used] - 'developing row', 'accused', 'snub' - that wasn't the spirit in which we conducted our discussions today, I assure you. It was a very constructive meeting and a warm meeting."

NI Secretary 'comfortable' with legislation

Downing Street has said that the UK government will not take back asylum seekers who have crossed into Ireland until EU-wide asylum rules are changed.

Mr Heaton-Harris said the UK must deal with the European Union as a "whole entity".

After Monday's meeting he said the government's Rwanda law was "clearly working and having some impact already" as a deterrent, and that the UK did not want to "upset" relationships with Ireland.

Mr Heaton-Harris said: "We're bound to have politics and various debates, but I'd like to think our relationship is strong enough to deal with all those issues."

"If this legislation is, as I believe it is and I've been assured it is, just setting us back in time to where we were and what we were dealing with, then I'm comfortable with that," he added.

Analysis

Even though Chris Heaton-Harris and Micheál Martin appeared pretty comfortable standing next to each other at Monday's joint press conference, there's no denying that there is now a period of friction between their respective governments.

It may well suit Dublin and London to have this emerge at this time, given we are in an election year, at least in the UK - and it might suit the governments to do a bit of tough talking around migration.

The Conservatives, in particular, are very much trying to make this topic central to their campaign for whenever the election is called.

When the NI Secretary was asked if the UK would be willing to take back asylum seekers who have travelled across the Irish border, he said it would depend on an agreement with the EU.

Rishi Sunak then, an hour later, ruled that out saying 'we're not interested'.

Dublin will have heard that message.