Northern Ireland 'not ready' for Troubles legacy, says report

Wednesday, 16 December 2009

The Last Gunman by Brendan Murphy, July 1997. An IRA man on the Lower Ormeau area fires at a police roadblock on the bridge across the River Lagan. Within weeks, the IRA declared its second ceasefire.

The Last Gunman by Brendan Murphy, July 1997. An IRA man on the Lower Ormeau area fires at a police roadblock on the bridge across the River Lagan. Within weeks, the IRA declared its second ceasefire.

Northern Ireland is not yet ready for a legacy commission to investigate its troubled and violent past, but the power-sharing executive in Belfast should consider setting up a new fund for victims and survivors, according to an all-party report today.

Northern Ireland is not yet ready for a legacy commission to investigate its troubled and violent past, but the power-sharing executive in Belfast should consider setting up a new fund for victims and survivors, according to an all-party report today.

Without a consensus on how to move on, and with the work of bodies such as the victims and survivors commission as well as the historical enquiries team which is probing unsolved murders, it is not clear there is a need for a legacy commission at this stage, MPs claimed.

However, if a similar body was eventually established with cross-community backing on its role and mandate, then it would have to operate for at least five years - but also time-limited to prevent it running indefinitely and prolonging the effects of the past.

The Northern Ireland Affairs committee also said First Minister Peter Robinson and deputy First Minister Martin McGuinness should consider creating a new fund for victims and survivors, and draw up criteria for distributing the money which would have the support of both communities.

Today's report followed an all-party Westminster inquiry into the findings of a consultative group which recommended the setting up of a legacy commission as well as making so-called recognition payments of £12,000 to the nearest relative of every person killed in the conflict, including loyalist and republican paramilitaries. That proposal which provoked uproar in Northern Ireland, especially among unionists, has already been rejected by the Government.

The independent group was headed up by the former Church of Ireland Archbishop of Armagh Dr Robin Eames and Denis Bradley, the ex-vice chairman of the Northern Ireland Policing Board

The all-party report does not put a figure on how much should be set aside, but the MPs headed by Sir Patrick Cormack said they believed there was a need for greater financial support and services to be made available for those affected by the troubles, including those physically and psychologically injured.

A fund operated on the basis of criteria which commanded cross-community support should be considered by the First Minister and deputy First Minister.

But the committee held back on endorsing the the consultative group's core proposal, the creation of a legacy commission which the MPs claimed would add real value only if it were fully qualified to take over the functions of bodies such as the Police Ombudsman and the Historical Enquiries Team which has been carrying out fresh investigations into unsolved murders going back over 40 years. Without cross-community support, it could not hope effectively to fulfil its mandate of helping lead Northern Ireland towards reconciliation and a peaceful shared future.

A body trusted by some, but not by a significant number in both communities would risk undoing the progress made over the last 10 years.

The report said: "There is a danger that Northern Ireland could become overburdened with bodies addressing the troubles. This would be unhelpful and likely to lead to confusion for the public, with work being replicated unnecessarily, representing an inefficient use of limited resources.

"We believe it would be more helpful to give greater support to existing bodies to enable them to fulfil their roles as effectively as possible."

The issue of the past had to be approached in a more incremental way within a coherent overall framework supporting and developing essential initiatives aimed largely at improved community relations and healthcare for individuals affected by the troubles. It may require measures which might well involve fraught, complex and highly contentious questions about truth recovery in particular. There were no easy or quick solutions.

The report said: "... while such a commission cannot be successfully implemented at present, it is possible that some similar body could be effective at some stage in the future following further public debate and consensus building."

It should be chaired by somebody from Northern Ireland rather than an overseas figure as recommended by the Eames-Bradley consultative group. The Northern Ireland Assembly, rather than Westminster, should ultimately be responsible for decisions on how to fund it and clarification was also required as to what part the Irish Government would play in setting up and funding the commission.

The report said: "... while we do not recommend that the legacy commission go ahead as proposed, there is scope for collaboration between the UK and the Republic of Ireland, both in terms of providing support for those affected by the troubles on both sides of the border, and the ongoing work of the historical enquiries team.

"However, the exact role to be played by the Irish Government and the legislative framework for such involvement, remain unclear in the report of the consultative group. Great clarification is required as to the exact role of the Irish Government and any financial contribution it would make if any such legacy commission were to be pursued in the future."

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