Appendix
GOVERNMENT RESPONSE
This paper responds to the Conclusions and Recommendations
of the Northern Ireland Affairs Committee report entitled: 'Ways
of Dealing with Northern Ireland's Past: Interim Report - Victims
and Survivors'. It has been jointly prepared by the Northern Ireland
Office and the Office of the First Minister and Deputy First Minister.
The ordering of the response broadly follows that of the Committee's
report and recommendations where possible.
POLITICAL PROCESS
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)
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)
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)
The Government is fully committed to working towards
the establishment of a lasting peace in Northern Ireland. Both
the security and economic situations have improved beyond recognition
in recent times; the task now is to build on those successes to
create the stable, inclusive, tolerant and prosperous society
its citizens deserve. The Government's aim is to create a political
context in which all communities, groups and individuals feel
secure both in their own rights and in their relationships with
others.
The Government's goal remains the restoration of
the institutions of the Belfast Agreement, based on inclusive
power-sharing. Direct Rule has been adopted out of necessity,
not choice. We are working towards a situation in which local
people can hold locally elected politicians to account, in accordance
with the norms of democratic accountability. However, a transition
to this stage is dependent on a restoration of trust and confidence
in the political process: that requires a complete and verifiable
end to all paramilitary and criminal activity.
Victims
Recognition and Participation in the Political
Process
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)
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)
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)
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)
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)
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)
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)
The Government recognises that much valuable work
in relation to intercommunity healing is carried out at local
level. On 21st March 2005, the Office of the First Minister and
Deputy First Minister (OFMDFM) published 'A Shared Future',
a policy and strategic framework for good relations in Northern
Ireland. This framework acknowledges that there are many good
examples of relationship building led by voluntary groups, churches
and other faith based groups, district councils, trade unions
and the private sector. One of the policy objectives of the framework
is to "Ensure voice is given to the diverse victims of
violence in Northern Ireland, including via archives and victim-centred
reconciliation events". A cross-departmental triennial
action plan, which is being prepared and will be published later
this year, will outline how the next phase of victims' policy
will dovetail with the outworking of the good relations policy.
The work of the Committee has been carried out against
the background of a consultation on services for victims and survivors
and on a Commissioner for Victims and Survivors. The consultation
paper was published by OFMDFM at the beginning of March and the
period for submission of responses ended on 30 June. A detailed
consideration of the responses has commenced and the Government
will wish to take account of these alongside the work of the Committee
in determining the way ahead. The Government fully recognises
the role that victims and survivors can play in developing future
policy. The consultation paper published by OFMDFM states that,
"… the process of developing the next phase of policy
will … be carried forward in partnership with the voluntary
and community sector and all those with an interest in addressing
the needs of victims …".
The consultation paper acknowledges that much good
work has been done by victims' groups and others to address the
needs of individuals who have suffered as a result of the "Troubles".
The proposals put forward are designed to promote stability and
confidence in the victims sector by building on what has been
already achieved by organisations and individuals at community
level. The Government does of course recognise that the work of
local community and victims' groups currently provide a valuable
contribution both to understanding and dealing with the past.
However, the consultation paper also refers to the Government's
intention to establish the post of a Victims' and Survivors' Commissioner.
One of the functions proposed for the Commissioner will be to
take forward the Victims' and Survivors' Forum envisaged in the
Joint Declaration. The Government is clear that these proposals
will provide opportunities for victims and survivors to have an
enhanced role in the development of future policy and service
provision and in building a future for all in Northern Ireland.
FUNDING
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)
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)
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)
It was noted in evidence given by Ministers to the
Committee that some £28m has been committed to work with
victims and survivors. Indeed, the existing core funding and
development grant schemes for victims groups have been extended
to the end of March 2006. The Government understands that many
groups and others would like to see even more resources being
committed to work in this area. It is, however, important that
funding decisions are placed on a sound basis of assessed need.
Proposals to ensure that comprehensive and sensitive arrangements
for assessing need are in place are set out in the consultation
paper issued by OFMDFM. In relation to continuity of funding for
victims' and survivors' groups the consultation paper proposes
that funding should be based on a three-year 'rolling plan' developed
on the basis of collaboration between the statutory, voluntary
and community sectors, including victims' and survivors' groups.
In this way it is envisaged that the victims' and survivors' groups
and other organisations involved will always have a planning horizon
of three years. It is clear, as in so many areas of need, that
working on an inter-agency and co-operative basis is the best
means of addressing the varied and sometimes complex needs of
individuals. The Government's intention is to promote greater
financial stability, confidence, trust and inter-agency working
across the victims and survivors sector. It also wants the arrangements
to be responsive to new and emerging needs whilst addressing those
which have already been identified. The Government also intends
to implement the new strategy and associated funding arrangements
as soon as practicable, but this will of course depend on the
outcome of the current consultation and a broad consensus on the
proposals.
COMPENSATION
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)
The Government notes the Committee's concerns in
respect of compensation arrangements in place during the early
years of the Troubles. Similar concerns were raised with the Minister
with Special Responsibility for Victims as part of the consultation
on victims' services. The Government also understands the view
that there must be limits to how far financial compensation can
help to deliver a degree of closure to individuals. It is clear
that revisiting past claims would have significant resource implications
and, at this stage, the Government believes that the focus should
be on the improvement and mainstreaming of services for victims
and survivors that we expect a Victims' and Survivors' Commissioner
to deliver.
CONSULTATION ON VICTIMS' SERVICES AND ESTABLISHMENT
OF VICTIMS' AND SURVIVORS' COMMISSIONER
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)
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)
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)
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)
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)
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)
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)
The Government accepts that there are a variety of
views on the subject of a Commissioner for Victims and Survivors.
The Government's view is that the model that is developed for
the role of the Commissioner must be one which ensures that practical
help is given to victims and survivors and which provides leadership
and focus for work in this area. The Government believes that
the post should be established on a statutory basis and that the
costs of the Commissioner should not be disproportionate to the
benefits. It is clear that there are a range of views on how
a Commissioner will be appointed and it is essential that the
individual appointed to this post has the confidence of groups
and individuals in the victims and survivors sector as a whole.
The Government will be giving close consideration to responses
to the consultation on this issue, and to the comments made by
the Committee, when reaching final decisions on the Commissioner's
role.
The Government notes the Committee's comment that
many of the issues presented in a report on victims in 1998 (the
'Bloomfield Report') were reflected in the consultation
carried out by the Minister with special responsibility for victims
in 2003-04 and that this suggests a slow and patchy response.
In fact a very wide range of objectives have been achieved on
foot of the victims strategy 'Reshape, Rebuild, Achieve'
which was published in 2002. That said, it is recognised that
there is a need for a more comprehensive approach and this has
led to the publication of new proposals on 1 March 2005. With
specific regard to the idea of a separate 'victims' department'
which has been raised by the Committee, the Government would need
to be convinced of the merits of such a course, as opposed to
the proposals for a Commissioner with a more independent role.
POLICE SERVICE OF NORTHERN IRELAND (PSNI)
Vulnerable Communities in Border Areas
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)
Although major difficulties have restricted normal
service delivery of policing in specific border areas, the PSNI
has nevertheless maintained and increased its policing role in
border areas more generally.
Productive relationships have been built up with
individuals from the local community and these persons are keen
to continue to work discreetly with police in a partnership role.
Due to an ever present threat from certain individuals and groups,
police have specifically targeted resources to deliver security
and support to vulnerable persons such as those working in local
post offices and businesses. This has the aim of both preventing
crime and also providing visible reassurance to communities in
these areas.
The PSNI also works closely with other partner agencies
to address crime and anti-social behaviour in border areas, including
work in partnership with Customs and Excise to address issues
such as fuel laundering and the supply of counterfeit goods.
Newry District Command Unit is engaged in a process
of normalisation which is evidenced by the introduction of police
mobile patrols to parts of the border region which has not experienced
such patrols for 23 years. It is hoped that this will help to
increase visible reassurance and bring a gradually normalised
policing environment to the area.
More generally, local taskings are monitored to ensure
that remote border areas receive as much patrol coverage as possible.
Leaflet drops on key crime issues in the border areas, such as
farmyard security, have also been carried out. The number of checks
on vulnerable people is monitored at daily DCU management meetings
and cross-border crime meetings take place on a regular basis.
Officers also patrol in liveried vehicles whenever possible. It
is hoped that, through the implementation of these and other measures,
those in border areas feel more reassured about police activity
within their communities.
ESTABLISHING TRUST
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)
As the Committee itself notes, the PSNI has announced
the establishment of a new Historical Enquiries Team to review
all unresolved deaths relating to the security situation in Northern
Ireland from 1969 to 1998.
The objective is to bring closure either by judicial
means or by meeting with the families to explain what has been
done and why the matter cannot be taken any further. It is also
hoped that this initiative will contribute to a more positive
climate of trust between the PSNI and people from both sides of
the community.
In addition to this very significant development
the PSNI has had in place, since 2002, a mechanism whereby Family
Liaison Officers are appointed to support and keep informed the
next of kin of all homicide victims. Minority Liaison Officers
also currently assist victims of hate crime to access support
agencies as appropriate and Crime Management Units now write to
all victims of crime providing details of the Investigating Officer
and the local Crime Prevention Officer.
A policy directive on how the Police should deal
with victims of crime is currently the subject of consultation.
It is hoped that this will further enhance the service provided
to the victims of crime and their families.
THE DISAPPEARED
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)
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)
The Government concurs with the view of the Committee
that it is disappointing that further progress with recovering
the remains of the group of victims known as 'the disappeared'
has not been made. However, it would emphasise that the efforts
which have been made by the Commissioners for the Location of
Victims' Remains, in discharging their functions, and An Garda
Siochana, who have conducted all the excavations for bodies so
far undertaken, should not be underestimated. The Government would
also strongly endorse the Committee's call for those with information
relevant to the search for the bodies to come forward with that
information as soon as possible. Securing further information
is, in the Government's judgment, the most effective way of ensuring
we can achieve success in this work.
The Government would also emphasise that both it
and the Irish Government are determined to bring these cases to
a satisfactory conclusion. In response to a report recently received
from the Commissioners for the Location of Victims' Remains, both
Governments have agreed to appoint an expert to review the work
of the Commission to date, and to recommend what further can be
done on the basis of that, to improve the chances of finding further
bodies. The families of 'the disappeared' will be kept up to date
with the progress of that review. While the Government notes the
Committee's call for named Ministers and officials to be responsible
for keeping the families updated, and acknowledges the need for
Ministers to be aware of the plight of the families, it is the
case that the expert about to be appointed will be an agent of
the Commission for the Location of Victims' Remains, and it would
be more appropriate for the Commission to have direct contact
with the families to ensure they are kept abreast of developments.
TRUTH RECOVERY PROCESS
Acknowledgment, Apology & 'Official' History
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)
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)
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)
The Committee believes that both acknowledgment and
apology would be central to any successful truth recovery process.
But the Committee also points out that individuals may find it
difficult to accept personal responsibility for past actions and
there is equally a degree of uncertainty as to how victims would
react to expressions of both culpability and contrition. The Government
will continue to reflect carefully on this issue.
The Committee also notes that there is a degree of
support for an 'official' version of history and that this might
be a key feature of any truth recovery process. The Government
agrees with the Committee's conclusion that there would potentially
need to be a general willingness from all sides to accept an 'official'
history and that such an initiative should only be undertaken
when there is a realistic possibility that this will happen.
TIMING & CONSULTATION
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)
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)
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)
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)
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)
The Government agrees with the Committee's view that
the value of any process would be significantly reduced if large
sections of the community withheld their co-operation or support.
As the then Secretary of State, Paul Murphy, made clear in a Written
Ministerial Statement to Parliament on 1 March 2005:
"There will need to be broadly-based
consultation that allows individuals and groups across the community
to put their views on what form any process might take. And
that consultation process itself will need broad cross-community
support if the ideas it generates are to be constructively received."
The Government notes the Committee's view that care
should be taken to ensure that the introduction of a formal truth
recovery process would not result in an adverse effect on community
relations and that many in Northern Ireland remain unconvinced
that there has been a comprehensive end to violence; this may
further impact on public enthusiasm for a broad-based consultation.
The Government is clear that, in order to be successful, any
longer-term process would require engagement and trust right across
the community, and that this can only be achieved if there is
a wider political consensus. That has not yet come about. In
the interim, the Government remains committed to keeping the issue
of a broad-based consultation under review.
However, whilst we have to be realistic about what
can be achieved in advance of a comprehensive settlement and a
complete end to violence, the Government shares the Committee's
view that this should not necessarily preclude other initiatives
taking place. The Government believes that the planned establishment
of a Victims' and Survivors' Commissioner and the work of the
PSNI Historical Enquiry Team will be significant contributions
to dealing with central aspects of Northern Ireland's troubled
recent past.
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