http://www.consultationonthepast.org A Slugger O'Toole commentblog Fri, 06 Feb 2009 21:27:25 +0000 http://backend.userland.com/rss092 en Defining the Impact on Society Each section of the community in Northern Ireland defines the legacy of the conflict in its own way and explains the conflict from its own perspective. Throughout the consultation many presented their individual and collective perceptions about what happened. The following paragraphs attempt to summarise the perspectives that ... http://www.consultationonthepast.org/?p=91 In early September 2007 the Group announced a process of engagement, inviting any individuals or groups to share their views on how Northern Ireland society could best approach the legacy of the past 40 years. he Group emphasised that its role was to make recommendations about a process for dealing ... http://www.consultationonthepast.org/?p=140 The Consultative Group on the Past On 22 June 2007 Peter Hain, the then Secretary of State for Northern Ireland, announced the formation of an independent Consultative Group. he Group was asked to: consult across the community on how Northern Ireland society can best approach the legacy of the events ... http://www.consultationonthepast.org/?p=133 The emergence of this truth should be encouraged through all forms of remembrance, detailed further in this Report, and also by a legal process of information recovery about individual cases and themes arising from the conflict. This should not be read as a copy of the South African Truth and ... http://www.consultationonthepast.org/?p=131 The Conflict A potentially contentious issue for the Group has been the terminology used to describe the past – was it the ‘Troubles’, the ‘Conflict’ or the ‘War’? While acknowledging that there are many diferent interpretations of the past and what it represented, for the purposes of this Report the Group ... http://www.consultationonthepast.org/?p=129 During the consultation process a number of general principles emerged, which have subsequently assisted in the development of the Group’s recommendations. Among these, one key principle has stood out. The past should be dealt with in a manner which enables society to become more defined by its desire for ... http://www.consultationonthepast.org/?p=127 Socio-economic issues The exact impact of the conflict on the economy was diicult to quantify through our consultation and research. The Group heard stories of businesses lost through bomb explosions; of people being put out of business; of people getting business from only one side of the community, or only being ... http://www.consultationonthepast.org/?p=104 The impact of segregation and separation, driven by sectarianism, was increasingly evident throughout our consultation. There are a greater number of so-called ‘peace’ walls now than existed throughout the conflict. The costs attached to a doubling up of services are further evidence of how the past continues to infect ... http://www.consultationonthepast.org/?p=99 There has naturally been a strong concentration on individual pain and loss, often to the neglect of whole communities who have been victimised during the conlict. These were the communities that were least equipped to deal with the added burden because they were already the most socially and economically deprived. ... http://www.consultationonthepast.org/?p=97 ‘Ulsterisation’ of the Blame Former members of the security forces and their families expressed anger arising from their belief that they are now being made scapegoats for the actions of others, when they simply did what duty required during the conflict. Some went so far as to describe this as the ... http://www.consultationonthepast.org/?p=95 Understanding Perspectives As Chapter 2 of this Report has pointed out, if society is to move towards reconciliation, a way should be found to enable these differing perspectives to be shared and heard. Conversations need to take place in a safe environment and need to be supported. The differing perspectives on ... http://www.consultationonthepast.org/?p=93 CHAPTER 3 | The Conflict and the Impact on Society Overview The conflict has had a significant impact on the lives of many in Northern Ireland and beyond. Thousands lost their lives, tens of thousands more sufered injuries which they continue to live with and few escaped unscathed either at an individual ... http://www.consultationonthepast.org/?p=89 The Issue of Compensation How families and individuals were compensated during the conflict was highlighted on many occasions during the consultation process. This has also been commented on in several reports. In Northern Ireland, there have been schemes in place since 1968, which allow people to claim compensation for injury sufered, or ... http://www.consultationonthepast.org/?p=87 Understanding of and Responses to Trauma In the consultation the Group learned that for many people experiencing a traumatic event has resulted in an array of conditions, such as alcohol or drug dependency, depression or domestic abuse. Those who work with people who have suffered such experiences consider that the root ... http://www.consultationonthepast.org/?p=84 CHAPTER 4 | Victims and Survivors Overview With over 3,500 people having lost their lives and many thousands injured both physically and psychologically, victims and survivors are the most visible legacy of the conflict in and about Northern Ireland. The lives of those lost cannot be restored. For those who survived and for ... http://www.consultationonthepast.org/?p=82 How we, as a society, remember the past is highly significant as we move out of conflict. The Commission for Victims and Survivors for Northern Ireland (CVSNI) is developing its work programme and remembering comprises a core part of that strategy. While we welcome this, and believe they have a ... http://www.consultationonthepast.org/?p=80 For a great many people, having a structure or space which remembers the conflict is of great importance. For some a memorial is simply a place to go to direct their grief and suffering, perhaps as an alternative to a grave, whilst others need a place to reflect upon ... http://www.consultationonthepast.org/?p=78 CHAPTER 5 | Remembering Overview Whether and how the past should be publicly remembered featured heavily in the consultation. Many groups and individuals shared their view that public remembrance is a crucial element of healing in a post-conflict era. It allows them to relect openly on the past and come to terms ... http://www.consultationonthepast.org/?p=76 ‘On the Runs’ In the Weston Park negotiations in 2001, the two Governments agreed to introduce legislation in respect of those individuals who were suspected of paramilitary offences but who had not been tried or convicted by virtue of the fact that they were ‘on the run’. The British Government subsequently introduced ... http://www.consultationonthepast.org/?p=74 The Criminal Cases Review Commission (CCRC) is an independent body established under the Criminal Appeal Act 1995 to review possible miscarriages of justice in the criminal courts of England, Wales and Northern Ireland and refer appropriate cases to the appeal courts. The Commission is based in Birmingham and has just ... http://www.consultationonthepast.org/?p=72 Inquests Northern Ireland has its own Coroners Service that is administered and funded by the Northern Ireland Court Service. Ultimate financial responsibility rests with the Ministry of Justice, which is also responsible for the law and policy governing Coroners. The role and responsibilities of the Coroners in Northern Ireland are determined by ... http://www.consultationonthepast.org/?p=70 Bloody Sunday Inquiry On 29th January 1998 the then British Prime Minister, Tony Blair, announced a public inquiry into the events of Sunday, 30 January 1972, in Derry/Londonderry, known as Bloody Sunday. The Inquiry was set up under the Tribunals of Inquiry (Evidence) Act 1921. It has been chaired by Lord ... http://www.consultationonthepast.org/?p=68 The Office of the Police Ombudsman for Northern Ireland The Police Ombudsman was established by the Police (Northern Ireland) Act 1998 to provide an independent and impartial system of examining complaints against the police. The powers and duties of the Ombudsman are set out in the 1998 Act and subsequent Acts ... http://www.consultationonthepast.org/?p=66 CHAPTER 6 | Landscape of Legal Processes Overview of Existing Legal Processes There are at present several legal processes which are examining historical cases. These include: - police investigation, particularly the Historical Enquiries Team - investigation by the Police Ombudsman for Northern Ireland - public inquiries - inquests - reviews of convictions by the Criminal Cases Review Commission. The ... http://www.consultationonthepast.org/?p=64 The Group’s proposal for a Commission adopts a balanced approach between justice, truth and reconciliation. The Group recommends a Northern Ireland specific solution. The Group recognises the considerable achievements of the last ten years, starting with the Agreement and leading to devolved government. But these achievements must be consolidated, the institutions ... http://www.consultationonthepast.org/?p=62 At present, conducting and servicing investigations into historical cases place huge demands upon the police and other services. Representatives of those services, whom the Group has consulted, say that the diversion of their resources into the past makes it difficult to deal with current needs, such as present-day murders and ... http://www.consultationonthepast.org/?p=60 Justice Many families to whom the Group spoke still have an understandable desire to see someone prosecuted for causing or contributing to their relative’s death. The Group understands this desire for penal justice and wishes to keep this avenue open. It therefore proposes that the process of reviewing and investigating historical cases should continue. However, the ... http://www.consultationonthepast.org/?p=58 CHAPTER 7 | Legal Processes: The Arguments for Change The Case for Change On the basis of its consultation, the Group does not believe that the present legal processes are fully meeting society’s needs. There is a tendency to re-fight the conflict through the courts; to pursue truth through litigation; to deal ... http://www.consultationonthepast.org/?p=56 The Omagh families The bomb attack in Omagh on 15th August 1998 was the worst single loss of life related to the conflict, although it occurred after the signature of the Agreement in April 1998. During its consultations the Group met with some representatives of some of the Omagh families and, as ... http://www.consultationonthepast.org/?p=54 Mediation, Advice and Support for Families The Commission would have the capacity to mediate to help resolve difficult issues outside its remit in respect of historical cases. It might, for example, help the families of those who suffered as result of the Omagh bombing. The Commission would ensure that the level of ... http://www.consultationonthepast.org/?p=52 Relationship between Processes of Investigation and Information Recovery The special procedures of the Information Recovery and Thematic Examination Units would not be applied to a case being handled in one of these processes until a review of that case had been completed by the Review and Investigation Unit. As stated before, it ... http://www.consultationonthepast.org/?p=50 Basic Purpose of Information Recovery The Commissioner for Information Recovery and Thematic Cases would conduct a process of information recovery, using both formal and informal means, to establish answers to unresolved questions of importance to victims’ families concerning the circumstances which resulted in death. Like the work of the HET, this ... http://www.consultationonthepast.org/?p=47 Establishment of Review and Investigation Unit The second, third and fourth strands of the new Commission would be to: - review and investigate historical cases; - conduct a process of information recovery; and - examine linked or thematic cases emerging from the conflict. For the second strand, the Group therefore proposes the establishment of a ... http://www.consultationonthepast.org/?p=45 Overview of Role of Chair of Commission Taking account of the requirement to work on these society issues with other members of the Reconciliation Forum, the Chair of the Commission should act as a ‘champion’ for the issues; promoting debate; setting the direction for and highlighting where sectors of the community ... http://www.consultationonthepast.org/?p=40 Dealing with Society Issues As mentioned in the Introduction to this Chapter, the Commission would, in the first strand of its work, identify areas of activity to address society issues arising from the conflict. Acting through its Chair it would work with other partners, particularly the CVSNI, to ensure proper ... http://www.consultationonthepast.org/?p=35 The Mandate of the Commission Chapter 7 sets out the case for change and the Group’s proposal for a new Commission, the Legacy Commission. This Chapter explains in more detail the mandate, membership and procedures of the Commission. An independent Legacy Commission would be established to deal with the legacy of ... http://www.consultationonthepast.org/?p=30 The Group acknowledges that its recommendations represent significant challenges for many within society. This Report will generate further debate on how the past should be dealt with and this will be an important part of taking forward the recommendations. The Group expects that, at the end of a period of ... http://www.consultationonthepast.org/?p=26 SUMMARY | of Main Recommendations The Legacy of the Past and Reconciliation An independent Legacy Commission should be established to deal with the legacy of the past by combining processes of reconciliation, justice and information recovery. It would have the overarching objective of promoting peace and stability in Northern Ireland. A Reconciliation Forum ... http://www.consultationonthepast.org/?p=16