Consultation on dealing with the
past - the government's decision
62. As our interim work on this inquiry was drawing
to a close, the Secretary of State for Northern Ireland made an
announcement about proposals for a Victims' and Survivors' Commissioner,
in which he also expressed views about the process begun last
year to "find a way to deal with Northern Ireland's past"
arising from his private discussions, his visit to South Africa,
and the parallel work of Angela Smith MP, the Minister responsible
for victims, in consulting victims and survivors of the 'Troubles'
on services to meet their needs .[96]
63. The Secretary of State had envisaged that the
first stage of the process announced in May 2004, his own "private
discussions", would at some stage be succeeded by a public
consultation, but he had concluded that the time was inopportune
for "such a broadly based consultation process", and
thought that "we need to be realistic about what can be achieved
in advance of a political settlement".[97]
64. As we pointed out earlier, it is our view that
the time now is not right for any large -scale 'truth and reconciliation'
type of process, if indeed any such process will ever command
support in Northern Ireland and will contribute positively to
healing the wounds of the past 35 years. We also accept that the
Secretary of State is right that the success of any such process
at national level is linked to a favourable general political
context.
65. It is in our view absolutely vital that in
sending out the message that the time is not right to launch a
broadly based consultation process about Northern Ireland's past,
there is no impression given that the government has somehow stopped
listening to the views of people there about how they wish the
past to be dealt with. We are sure that this is not what is intended,
and the Secretary of State makes clear that the proposal to establish
a Victims' and Survivors' Commissioner does not mark the end of
the process of dealing with the past, or the government's contribution
to it. We hope that the government will take every opportunity
both to facilitate the contributions of those who wish to express
their views about Northern Ireland's future, and to affirm that
all options to further the processes of communal healing and peaceful
co-existence remain open.
Consultation - victims and survivors
66. In addition to his proposal to establish a Victims'
and Survivors' Commissioner, the Secretary of State published
on 1 March a consultation document "on the future of victims'
and survivors' services" which includes details of the job
envisaged for the Commissioner.[98]
Views on the government's consultation about victims' and survivors'
services are invited by 30 June 2005 and we urge all interested
parties to read the document and write to the Office of the First
Minister and Deputy First Minister. We expect the government to
publish the result of the consultation and take the results fully
into account in making final decisions.
67. We commented earlier on the funding proposals
in this document,[99]
and have the following comments on other aspects of what is proposed:
- In 2002 the government decided
against a Victims' and Survivors' Commissioner "Given that
no clear view emerged during the consultation as to whether a
Commissioner should be appointed".[100]
In 2003-04, the Minister with responsibility for victims conducted
another consultation in which "there was a divergence of
views on the need for a Victims Commissioner".[101]
In appointing a Commissioner, and finalising a remit for the
post, the government will need to keep clearly in mind that there
appears to be no demonstrable consensus for such an appointment.
While the Secretary of State told us he believed that a majority
of victims groups supported the initiative,[102]
there is clearly a degree of scepticism about whether the post
is required and will 'add value'. To dispel some of this scepticism
at least, it will be important that the cost of the appointment
is modest,[103]
the remit is a powerful one which enables the Commissioner to
'add value' quickly and demonstrably to the support for victims,
that he is able to hold the government and other bodies strictly
and publicly accountable, and that the positive impact of the
post is measurable and kept under close review. The post should
preferably have a statutory foundation.
- At present there is a Northern Ireland Office
Minister with responsibility for victims. We understand that the
appointment of a Commissioner will not affect that arrangement,
and this is reassuring.[104]
It is most important that the appointment should not be seen to
imply any reduction in the status of victims and survivors. The
responsibilities of the Commissioner and the Minister need to
be carefully and clearly distinguished in order that there is
no confusion over their mutual responsibilities.
- We understand that the normal public appointments
process will apply to this appointment.[105]
Nevertheless, the appointment of the Commissioner must be made
with the active involvement of victims and survivors, and relevant
groups. Any sense of the government imposing an appointment must
be avoided if the aim of making the post-holder a powerful and
effective voice for victims is to be achieved.[106]
We note that the way in which the proposal has emerged has
received adverse comment from one prominent group already.[107]
- There must be high, but not unreasonably high,
expectations for any Commissioner if disappointment is to be avoided.
The Minister indicated that the government was "putting a
lot of faith" in the post-holder to address a number of difficult
issues such as acknowledgement, truth, and justice.[108]
To make critical progress on all of these may be asking too much
of any single official, however competent. We certainly expect
the person appointed to be of the very highest quality, and for
the incumbent to make a discernable contribution to the entire
range of victims' issues. We have no doubt that our successor
committee will wish to meet the person appointed quickly. Equally,
we expect the government to continue to bear its full share of
the responsibility for addressing the most intractable problems
of communal consensus building.
- We do not dissent from many of the other measures
proposed in this document, for example, the needs for "an
overarching strategic approach" towards victims and survivors;[109]
an enhanced role for trauma advisory panels;[110]
strengthening the "Interdepartmental Working Group";[111]
the development of a "one stop shop" approach drawing
together, for the convenience of victims and survivors, all available
expertise, and the naming of Victims and Survivors Advisors in
each HSS Board area.[112]
We are surprised, however, that some of the initiatives (many
of which appear administratively routine) proposed by the government
in its consultation document of 1 March have not been undertaken
already in response to the expressed needs of victims. We note
that the range of issues identified by the Minister in her consultation
in 2003-04 are reflected in those presented in a report on victims
in 1998 which suggests to us that progress in addressing these
concerns has been slow and patchy, at best.[113]
We expect to see the measures which have been proposed, and which
receive support in the consultation, pressed forward with the
utmost vigour.
68. Overall, we wonder whether something of an
opportunity has not been lost to make a 'step change' both in
the support given to victims and to the wider question of an enhanced
role for victims in building the future of Northern Ireland. For
example, no consideration appears to have been given to the creation
of a 'victims' department' within the Northern Ireland administration
which might have had the effect of invigorating and focussing
the approach by government to victims and their role in Northern
Ireland society as a whole, or any substantial enhancement of
financial provision.
96 HC Deb, 1 March 2005, Cols 81 WS - 84 WS Back
97
Ibid Back
98
News Release, 1 March 2005 Back
99
Paras 41 - 47 above Back
100
Rebuild, Reshape, Achieve, p 16 Back
101
Services For Victims and Survivors, Annex A, p 5. Northern
Ireland Office officials were unable to quantify the proportion
of support for a Commissioner amongst consultees, Q 859 Back
102
Q 864 Back
103
The Secretary of State had no firm figure, but thought that the
costs might be in the region of £0.5 - 1 million, Q 863 Back
104
Q 860 Back
105
Q 862 Back
106
Q 852. Services For Victims and Survivors, p 64 Back
107
Relatives for Justice, Press release, 8 March 2005 Back
108
Q 852 Back
109
Services for Victims and Survivors, p10 Back
110
Ibid, paras 26-34 Back
111
Ibid, paras 35-37 Back
112
Services for Victims and Survivors, pp 41-45 Back
113
Ibid p 9; Sir Kenneth Bloomfield, We Will Remember Them,
Report of the Northern Ireland Victims' Commissioner, April 1998,
Appendix 1 Back
