Conclusions and recommendations
1. The
prospect of further immediate progress in the peace process has
faded. While constraining what progress towards normalisation
in Northern Ireland may reasonably be hoped for in the short term,
the present difficulties make it all the more important that the
often unsung, but absolutely vital local work of inter-community
healing there, which we discuss in detail below, should receive
appropriate recognition and encouragement. (Paragraph 3)
2. We recommend that
our successor committee in the new Parliament considers how it
may continue the work we have begun. (Paragraph 9)
3. Our evidence, incomplete
though it is, demonstrates, primarily, the enormous amount of
courageous healing work being undertaken throughout Northern Ireland
by a wide variety of individuals and organisations frequently
at considerable cost to themselves and with great difficulty.
This work, unlike the political developments which frequently
dominate both the media headlines, and the world's perception
of Northern Ireland, rarely receives the recognition it deserves,
but is the foundation of the day to day development of peace and
normalisation in Northern Ireland. Our evidence also demonstrates
the extraordinarily wide range of intractable issues which those
striving to confront the past with the future firmly in mind must
grapple if progress in inter-community healing is to be maintained.
(Paragraph 11)
4. There are no easy
solutions to the problems which remain. It is our view, however,
that the people of Northern Ireland must continue to seek from
their political leaders the conditions in which peace can flourish,
and that while this pressure exists there is every reason to be
optimistic about the future. We urge the government, and all members
of civil society in Northern Ireland, to ensure that no opportunity
to heal the grievous wounds inflicted by over thirty years of
conflict is lost, and to strive for a future that is vibrant and
optimistic and, above all, peaceful and tolerant. (Paragraph 12)
5. A positive political
context is required in order to bolster the confidence of local
communities and individuals in seeking ways of reaching out to
each other. (Paragraph 14)
6. The importance
of the overall political context to every aspect of normalisation
in Northern Ireland places a great responsibility upon the shoulders
of the political parties, and in particular the leaders of those
parties, and of the governments of the United Kingdom and the
Republic of Ireland, to reflect fully the desire of ordinary people
in Northern Ireland for permanent peace and a normal political
process. We are not convinced that the parties are devoting anything
approaching sufficient effort to this vital task. To our disappointment,
most did not contribute any written submission to this inquiry,
and we think this was reprehensible. We cannot stress with sufficient
force the importance of the contribution of the political leaders
in Northern Ireland to the creation of the overall framework of
confidence necessary for societal and individual healing. (Paragraph
15)
7. We believe firmly
that without the active participation of those who consider themselves
to be the victims of the 'Troubles' in Northern Ireland, the processes
of inter and intra community healing cannot succeed. (Paragraph
20)
8. The role of 'victims
and survivors', and their individual experience of 'victim -hood',
properly extends throughout society and into every aspect of life
in Northern Ireland informing and transforming life there at all
levels. This is a process which we heard is going on at present
without fanfare or formality and is one which must continue. The
leaders of civil society, the political parties, the churches,
and the governments must respect that process, and encourage each
and every one whose life has been affected adversely by violence
to use his and her experience to the fullest in ensuring that
Northern Ireland will never again have to endure the terrible
suffering of the past generations. This experience will surely
provide the most compelling example to the rest of society. (Paragraph
21)
9. It is unfortunately
abundantly clear that paramilitary violence and intimidation have
not ceased, and that certain communities, for example, those in
'border' areas remain under very considerable pressure. The authorities
and the Police Service of Northern Ireland must consider the level
of support currently afforded to all vulnerable communities and
ensure that it is sufficient. (Paragraph 24)
10. The police and
those who serve the judicial process in Northern Ireland must
work very hard indeed to re-establish the trust of ordinary people,
and this is not likely to be an easy task. We expect to see very
substantial improvements in the way the police communicate with
victims and the families of victims of crime. This would increase
the sense of trust in the police felt by the community. (Paragraph
26)
11. While we agree
that the 'few' should not be able to hold up progress for the
'many' in seeking a truth recovery process, where large sections
of the population withhold co-operation from such a process the
outcome is likely to be circumscribed and its value reduced correspondingly.
In addition, many uncertainties remain to be resolved over the
way in which such a process would work alongside the normal judicial
process. Finally, it is clear that many in Northern Ireland remain
unconvinced that the campaign of violence is truly at an end.
(Paragraph 28)
12. We accept the
view of those who have told us of the importance of an 'official'
version of history and truth which might be a key feature of any
truth recovery commission. But the Northern Ireland communities
must be fully ready and able to accept and share that official
version of historical truth, and it is our view, based on the
evidence we have been given, that this stage has yet to be reached.
In these circumstances, and with considerable regret, it seems
to us appropriate to wait until the probability of success for
any Northern Ireland-wide truth process is realistically high,
rather than press ahead with the likelihood of failure, or partial
success at best. (Paragraph 29)
13. We expect the
government to keep the possibility of a truth recovery process
under constant review, and that it should be alert to, encourage
and publicise, imaginative and proven local ways of facilitating
truth telling which might have a wider application. We were encouraged
that the Secretary of State was in favour of such a process when
the time was right, and that he did not rule out an independent
element in setting it up in order to provide confidence to all
parts of the community. He is to be commended for this open minded
approach. (Paragraph 30)
14. The government
is right to be wary of initiating truth processes which do not
appear to enjoy firm, cross-community support. At the same time,
we hope that in these matters the government will balance caution
with imagination and leadership. Northern Ireland has made astonishing
progress in the past ten years, and while care must be taken not
to place too great a strain on what is a fragile peace, no sensible
opportunity must be lost to carry the process of healing forward.
(Paragraph 32)
15. The decision of
the government to halt consultation on a formal process of truth
recovery for the time being does not mean, however, that vigorous
parallel action now to promote the improvement of inter-community
relations, to assist victims and survivors, and to encourage their
contribution to society at all levels and in all possible ways,
is not necessary. An official truth recovery process is only one
component of 'dealing' with the past. The justification for such
activities has never been stronger, and the evidence we have published
with this interim report is testament to the broad range of high
quality work which is being undertaken currently by a large number
of organisations and individuals. (Paragraph 33)
16. The activities
of many organisations and individuals at community level throughout
Northern Ireland amount, in effect, to a labour of rebuilding
society to try and ensure that the problems of the past do not
extend to the future in the lives of communities and individuals
whom they serve. The lives of many thousands of individuals are
affected by the work of these groups, and the evidence we received,
and the visits we undertook, strengthened our view that these
efforts are absolutely essential to the process of 'dealing' with
Northern Ireland's past; indeed, that at present in a very real
sense these efforts constitute 'dealing' with the past, and should
be recognised collectively as so doing. The details of the work
being undertaken by these groups and individuals is set out in
the evidence we have gathered and which accompanies this interim
report. (Paragraph 39)
17. It is also necessary
to be realistic about the length of time that 'healing' society
in Northern Ireland is likely to take. It is clear to us that
this is not a process which will take months or years, but rather
decades. The government, and all those involved, need to ensure
that their policies and structures of support for victims and
survivors are tailored with this timescale in fully mind. (Paragraph
40)
18. It is vital that
the work of groups supporting victims and survivors is supported
and developed financially as a priority by the government. High
profile inquiries such as that into the 'Bloody Sunday' deaths,
and those of others, have their place. But the constant work of
supporting victims and victims groups is of incomparable value
in providing a tangible way for those most damaged by the past
to make a positive contribution on a daily basis to Northern Ireland's
future. (Paragraph 44)
19. We note that the
government's consultation paper of 1 March contains some proposals
to co-ordinate present funding mechanisms for victims and victims
groups more effectively. This is welcome, but seems to us a disproportionately
modest response to a vital area. We think a more radical approach
is needed, carrying with it the promise of a 'step change' in
the level of funding available to victims and survivors. The government
must consider, as a matter of urgency, whether the present level
of victims' funding truly matches the importance of the work that
the victims and victims' groups undertake. It is our present view,
based on the evidence we have had, that these are by no means
in proper balance, and that more funding is required. (Paragraph
45)
20. No group which
is undertaking such valuable work should be in doubt over the
continuity of funding. The Minister's view is that the three year
plan for victims' groups set out in the consultation document
will inform future funding decisions, and that this will be a
job for the proposed Victims' and Survivors' Commissioner. However,
we are very concerned that there is no precise timescale attached
to achieving this planning conclusion, and that even if the government's
plans to appoint a Commissioner proceed, that it will be 2006
at least before the present unsatisfactory financial arrangements
for victims' groups begin to be tackled. This appears to us a
too tardy response. It is the government's responsibility to ensure
that uncertainties over the funding for victims' groups are reduced
to the minimum as quickly as possible, and it should begin immediately
to prepare for implementation of the corporate and financial planning
model set out in the consultation document which a Commissioner,
if appointed later this year or in 2006, can pick up in due course.
(Paragraph 46)
21. Some of the victims
in the late 1960s and 1970s when the 'Troubles' were at their
height received very small amounts of compensation by comparison
with later payments. The government must ensure, so far as is
possible, that the level of compensation received by victims of
violence throughout the 'Troubles' is demonstrably fair and in
particular, that a way is found of enhancing the relatively poor
compensation offered to those in the 1970s. We expect the government
to consider this point as a matter of priority. (Paragraph 47)
22. That a significant
number of the 'disappeared' remain unaccounted for, and their
bodies undiscovered; that the families of the 'disappeared' feel
obliged to take the opportunity afforded by this inquiry to bring
their concerns and frustrations to us, in some cases over three
decades since the disappearances took place; that the governments
have, to date, failed in their efforts to enable these families
to achieve closure for their hurt and, as a result, the families
feel, in their own memorable words that " We might as well
disappear when it comes to it because we have to keep coming forward
and saying we are still here", is very disappointing. We
look to the governments for a renewed effort, and to those who
have relevant information to come forward without delay. (Paragraph
50)
23. The lives of these
families have been blighted by the uncertainty about what exactly
has happened to their loved ones. Until those who have information
come forward to enable the remains outstanding to be discovered,
it will in our view be impossible for Northern Ireland to move
forward fully. The governments concerned need to give this issue
a much higher priority, and must seek success much harder and
more consistently than before. Named Ministers and officials should
publicly take individual responsibility for the cases, and there
should be regular, fixed meetings to update the families until
a satisfactory outcome is achieved. We expect the UK government
to press the governments of the Republic of Ireland and France
to agree a similar approach, and for there to be a renewed determination
to bring all these cases to a satisfactory conclusion. (Paragraph
51)
24. The difficulties
of assuming personal responsibility for the problems that have
scarred Northern Ireland are obvious. Equally obvious, from what
our witnesses have told us, is the profound power of wholehearted
'acknowledgment' and 'apology' in re-establishing the mutual respect
between the people and communities of Northern Ireland, and beginning
to heal the personal agony of individuals, that is the foundation
for a truly shared future. The extent of the brutalisation and
agony suffered by Northern Ireland over the past decades is so
great that there is surely room for all those who have been involved
to bear a measure of public witness to their culpability. (Paragraph
60)
25. Not everyone is
ready to accept apologies from perpetrators of crimes arising
from the conflict, and it is probable that some people, for perfectly
understandable reasons, will never be able to do so. It is also
important that apologies are couched in ways which do not diminish
the deaths, injuries and sacrifices made by the people of Northern
Ireland. Apologies by themselves are not likely to transform mutual
incomprehension and mistrust. We are convinced, however, that
acts of contrition are a key element in the overall construction
of a shared future. As always, we look to the government to demonstrate
active leadership in seeking to build a positive future for Northern
Ireland, and in this spirit we expect it to continue to reflect
carefully on how 'acknowledgement' and 'apology' can play a part
in this central process. (Paragraph 61)
26. 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. (Paragraph 65)
27. 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. (Paragraph 66)
28. 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, 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, 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.
(Paragraph 67)
29. 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. 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. (Paragraph 67)
30. We understand
that the normal public appointments process will apply to this
appointment 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. (Paragraph
67)
31. 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. 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. (Paragraph 67)
32. We are surprised
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. We expect to see the measures which have
been proposed, and which receive support in the consultation,
pressed forward with the utmost vigour. (Paragraph 67)
33. 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. (Paragraph
68)
34. There may come
a time when a formal, national 'truth recovery' process will contribute
positively to the normalisation of society in Northern Ireland
but, on the basis of the evidence we have received to date, that
time has not yet arrived: the peace is as yet too fragile, the
scars of the conflict too fresh, the co-operation of parts of
Northern Ireland's population is not assured, the political conditions
are not yet sufficiently settled, the conflict in the estimation
of many people is not yet finally over. Were such a process to
be put in train now, it is our view that this might have the effect
of exacerbating community tensions. (Paragraph 69)
35. It is far from
our intention to place any additional pressures upon those who
have suffered most from the 'Troubles'. It is our hope, rather,
that the government will do everything possible to enable and
empower those who have been touched uniquely by the conflict in
order that they may contribute centrally to the wider process
of building a normal society for Northern Ireland, should they
so wish. (Paragraph 73)
36. While much of
the evidence we heard and read was harrowing, our final impression
is one of enormous optimism. There is evidently a keen hunger
for peace and the re-creation of mutual respect between the communities,
coupled to an ingenuity and imagination on the part of many in
seeking a meaning for the future of life in Northern Ireland from
the terror, pain and seeming despair of the past. These admirable
characteristics are exemplified magnificently in the lives and
experiences of many of those who we have been privileged to hear
from over the past eight weeks. We commend this signal bravery
to the government, churches, political parties, and other leaders
of civil society as a spur to their own efforts to forge a society
for Northern Ireland based firmly on peace and tolerance. (Paragraph
74)
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