Contents

Official and Unofficial Victims

The contradictions in British Government policy towards victims of the conflict was brought into sharp focus with three examples in the past week. In 'official discourse' there are only two sets of recognised victims, of republican and of loyalist violence. The State, it would appear, is neutral in this whole sad affair though the 300 plus families bereaved in incidents directly involving the British Army and RUC would obviously differ.

Example 1

The following press release was put out by the centre on June 1 following a fax to this office on Friday May 29.

Armed Forces Minister Refuses Meeting with Mc Bride Family

The Armed Forces Minister, John Reid, has refused a request from the Pat Finucane Centre for a meeting with the family of murdered Belfast man Peter Mc Bride. The Derry based Centre had requested the meeting on behalf of the family of Peter Mc Bride, the 18 year New Lodge man murdered by two members of the Scots Guards Regiment in 1992. The Minister met with members of the Guardsmen Fisher and Wright Release Group on May 13, on the same day as the Victims Commission released its report. Following that meeting Roisin Mc Bride, sister of the murdered teenager, had said, "If the Armed Forces Minister is prepared to talk to those who support the people who killed my brother then the very least he can do is meet with us."
In a faxed reply to the request the Military Assistant to the Minister stated, "Dr Reid met representatives of the Guardsmen Fisher and Wright Release Group in his capacity as Minister for the Armed Forces and over an issue concerning serving soldiers for whom he is, in effect, the employer. Dr Reid has had no meetings on this subject with anyone else, nor does he consider it appropriate to do so."
The Mc Bride family have reacted angrily to the refusal. Jean Mc Bride, mother of the victim, commented, " Does Dr Reid take us for idiots just because we're Irish? The only reason we want to talk to this man is, in his own words, 'in his capacity as Minister for the Armed Forces and over an issue concerning serving soldiers for whom he is, in effect, the employer.' That's exactly the point, we want to know why he is still employing the two men who murdered our son. His reply is an insult to our intelligence"

A spokes person for the Pat Finucane Centre slammed the "Pontius Pilate attitude of various ministers in this affair. First we requested a meeting with the Secretary of State and were told that it would be 'inappropriate' yet last week Dr Mowlam met an MP appealing for an early release of the Scots Guards. Then the Armed Forces Minister met representatives of the Release Group but again deemed it 'inappropriate' to meet the family of the victim. Then Dr Reid, in his reply to us, offers the spurious excuse that the status of the men in the Armed Forces cannot be considered by the Army Board because Fisher and Wright "have either been appealing against the decisions of the Court or (..have been..) seeking judicial review of their cases." This is nonsense. Leave to appeal the murder convictions to the House of Lords was denied in March 1996. Two years ago. Since then the unprecedented series of judicial reviews granted to lawyers acting on behalf of the men have sought only to challenge the length of sentence not the actual conviction. Are there no lawyers working in the Ministry of Defence? It would appear that the judicial review process is being abused merely to allow convicted murderers to stay on in the British Army. Dr Reid has claimed that, 'The cases of Guardsmen Fisher and Wright have been under consideration by the Northern Ireland judicial process for some time.' This issue needs to be nailed once and for all. There is no challenge in the judicial process to the murder convictions of his two employees nor has there been since March 1996. The Minister is obviously unwilling to accept the judgment of the court."
The spokes person for the Derry based Centre added that a further request for a meeting would be "faxed to the Ministers office first thing this morning. (Monday) We will not be fobbed off with a reply that is inaccurate, inadequate and insulting."

Footnote- On Monday we again renewed our request for a meeting.

Example 2

During weekend rioting on the Garvaghy Rd in Portadown two men received serious injuries from plastic bullets and four others were injured. One of those taken to hospital was bleeding from the mouth and ears following a close range injury to the chest area. The government minister who bears ultimate responsibility for the use of plastic bullets, the Security Minister Adam Ingram, is now also the minister with responsibility for victims….

Example 3

The Northern Ireland Office announced that Prince Charles would be visiting the North. Among a number of engagements was a visit to the Corrymeala Reconciliation Centre and a meeting with "victims of Violence." In response the Centre issued the following press release.

The Derry based Pat Finucane Centre has criticized the meeting scheduled for this evening between victims of violence and Prince Charles. A spokes person for the Centre said, "Following a query from this office we were informed by the Northern Ireland Office that no victims of state violence will attend this gathering. Prince Charles, Colonel-in-Chief of the Parachute Regiment, refused in the past to meet relatives of those killed on Bloody Sunday. Tonight he will meet other victims of the conflict which is only correct but not in the context where victims of state violence are again being ignored. The NIO has informed us that planning began 'at a late stage.' This is no excuse for the failure to directly invite those families whose loss is attributable to members of the RUC or British Army."

The Finucane Centre spokes person added, "All families bereaved as a result of the conflict deserve recognition but the State has a particular duty to those who are victims of state violence. The PM Tony Blair met a group of relatives during a recent visit. Again no families were represented at that meeting who had lost loved ones through actions of the security forces. Then, as now, we were informed that planning began 'at a late stage'. Tony Doherty, whose father was shot dead on Bloody Sunday, commented on tonight's meeting, "Events like this only rub salt into the wounds of all those whose loss is denied, ignored and devalued. The presence of those who suffered as a result of state violence is obviously considered an embarrassment best avoided by the NIO."

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Commission on Policing

The speculation as to the likely make-up of the new Commission on Policing has ended. The appointees to the Commission to be chaired by former tory minister and Governor of Hong Kong, Chris Patton, are:

Maurice Hayes

A former prominent Catholic civil servant and Ombudsman. Last year he chaired a review of the complaints procedures and published a report (January 23 1997) calling for sweeping reforms of the (non-existent) complaints system including the scrapping of the Independent Commission on Police Complaints and its replacement with an Ombudsman and independent team of investigators. Worked under and said to be close to the former Tory minister who will chair the Policing commission, Chris Patton. Both men, it is rumoured, are thought to be open to the idea of two-tiered policing. There is general agreement that Hayes is a 'decent' individual but, after a long career as the most senior Catholic in Stormont, he could not be characterised as representing mainstream nationalist opinion. Speaking after his appointment on RTE radio, Maurice Hayes criticized the continuing GAA ban on the security forces in the North.

Peter Smith QC

A practicising barrister in Belfast and, according to the Irish News, a former honorary secretary of the Ulster Unionist Party led by David Trimble. The newspaper points out that the press release announcing his appointment failed to mention his past party political activities. Has been a QC or queen's counsel since 1978. His appointment is thought to 'balance' the commission in terms of community representation. Given that Maurice Hayes has no past party political involvement while Smith is clearly a committed unionist it is difficult to see how any balance has been struck.

(Sir) John Smith

Former deputy commissioner with the London Metropolititan Police and member of Her Majesties Inspectorate of Constabulary (HMI). The HMI carried out a less than convincing review of policing here in late 1996 which recommended a tightening of procedures regarding the use of plastic bullets. The HMI was criticised at the time for ignoring a report submitted to it by the Committee on the Administration of Justice on the use/abuse of plastic bullets that summer. Shortlisted for the job of Chief Constable of RUC in 1989 but lost out to Hugh Annesley.

Lucy Woods

Chief Executive Officer of British Telecom in the North. Thought to be a 'organisational' appointee. No experience of policing.

Kathleen O' Toole

According to her official biography she was appointed Massachusetts Secretary of Public Safety, July 5, 1994. Responsible for overseeing 20 agencies, boards and commissions including the Massachusetts State Police, the Department of Correction, Parole Board, National Guard, Registry of Motor Vehicles, Enhanced 911 and anti-drug and highway safety agencies. Total budget of more than $850 million and more than 10,000 employees.

From 1992 to 1994 Massachusetts State Police Lieutenant Colonel, commanding officer of Special Operations Division, responsible for tactical field and traffic personnel. Chaired Implementation Team responsible for consolidation of 2,400 officers from former State Police, Metropolitan Police, Registry of Motor Vehicles Law Enforcement Division and Capitol Police into single entity.
From 1990 to 1992 Digital Equipment Corp, corporate security responsibilities for crisis management, executive security and major white collar crime investigations in a multinational corporation employing more than 100,000.
From 1986 to 1990 Metropolitan Police Department, rose to highest post, superintendent of department of 680 members. Responsible for all management, planning and control of department.
From 1979 to 1986, Boston Police Department, served as uniformed patrol officer, an academy instructor, officer decoy, detective, supervisor and manager.Recognized expert in Constitutional Law, lectured statewide at Massachusetts training academies. Admitted to the Massachusetts Bar in 1982.
Commissioned a management study of the Massachusetts State Police which found "a force where promotions are based on cronyism instead of merit, troopers are discouraged and the department has no 'coherent, clear mission' ". The commander of the force resigned under a cloud of controversy. (Standard-Times May 5, 1996)
Suspended State Public Safety Commissioner Winthrop Farwell for campaign fundraising improprieties (Boston Globe April 7, 1998)
Expanded criminal background checks for school bus drivers, stating that "There's no question that school kids and their safety win out over the privacy rights of individuals that have been arrested," (Standard-Times Feb. 13, 1997)
O'Toole said that convicted sex offenders who failed to register with the state by Oct. 3, 1996, will be hunted down and jailed for up to 2˝ years.
In 1997, the American Civil Liberties Union filed suit against O'Toole and the state of Massachusetts for the laws "disproportionate effect on lesbians and gay men, who are required to register because of convictions under state sodomy statutes for consensual adult sex."
Changed regulations to allow pregnant State Troopers to work their regular duty if approved by a doctor, rather than being re-assigned to office duty during pregnancy. (Detroit News, Nov. 9, 1997) So much for the official biography.

Kathleen O' Toole worked in the North for a time on a project looking at domestic violence. During that period it is suggested that she built up a friendship with the RUC Chief Constable Ronnie Flanagan. According to the New York based Irish Voice (3 June 1998) her appointment has "come under particular scrutiny because some on the Irish side believe the British were trying to put one over on nationalists by appointing an Irish American Catholic from Boston to the commission, even though her sympathies are suspected to be with the RUC." Rumour on this side of the Atlantic certainly places O'Toole, fairly or unfairly, in the RUC supporters club.

Clifford Denning Shearing

(Toronto), Professor of Criminology and Sociology
Director, Centre of Criminology
University of Toronto

Professor
University of Cape Town
Institute of Criminology
International Advisory Board
The British Journal of Criminology
Advisory Board Center on Crime, Communities & Culture

"The goal of the Center on Crime, Communities & Culture is to create a better understanding of and support for effective and humane responses to criminal behavior and victimization. The Center seeks to turn the current national debate on crime into an opportunity to reinvigorate basic principles of individual rights and responsibilities, bolster community integrity, and promote social innovation.
In July, 1997, Shearing was appointed as an adviser to the South African government Ministry of Safety and Security to help prepare a new White Paper on the restructuring of policing in that country. His views on public demonstrations and community based policing in the townships make interesting reading. We include a summary and review of some of his work.
(ANC News release, July 9, 1992) New legislation should be introduced to provide clarity and consistency regarding the rules for public demonstrations, a international panel of experts (incl. Clifford Shearing) have recommended to the Goldstone Commission."

The 10-member panel, which reported its findings to a committee of the Goldstone Commission, said existing laws covering demonstrations should be repealed with a single new statute. Principles and procedures outlined in its report should be incorporated into new legislation on demonstrations and protests. In a summary of its findings, the panel said the right to demonstrate was a fundemental right of democratic citizenship, but the public could also insist on peaceful protest.

The responsibility to ensure non-violent protest was shared by the organisers of the demonstration, local authorities and the police. Negotiation and agreement between the three parties was essential to ensure peaceful and effective protest. Local authorities should assume the responsibility for co-ordinating negotiations between the three parties. The organisers have to inform the relevant local authority of a proposed demonstration. Any dispute on the conditions imposed by the local authority should be reviewed by a Supreme Court judge. The panel said the failure by organisers to give timely notice of a demonstration, or the violation of conditions by protesters, should not result in the dispersal of the marchers. Demonstrators who violate laws should be prosecuted later through the normal process of law or disciplined by the organisation responsible for the protest. Police should be adequately organised, trained and equipped in order to control public protests. When the use of force by police was required, specialised and well-disciplined police units should have available a wide range of non-lethal resources. Police should be trained to use non-lethal equipment and training should also emphasise skills in negotiation, conflict management and human relations. In cases where police had to intervene to prevent disruption or serious harm, a choice should be made to pursue individuals engaged in illegal action or contain or disperse the demonstration. Minimal necessary force was the widely agreed-upon rule for acting against either individuals or the demonstrating group. Force should be targeted as accurately as possible against individuals engaging in or encouraging disruption or violence. Lethal force by the police could only be jus tified when the lives of police or other individuals were at risk. The panel will meet in private with legal representatives of the police, ANC and Inkatha Freedom Party (IFP)

Edited book review from Reviewing Sociology
Vol 9 no 3 1996
Policing for a New South Africa, Mike Brogden and Clifford Shearing, Routledge

Policing in South Africa commands our attention for three important reasons:

• first, it is a policing horror story whose brutal authoritarian racism needs comprehensive condemnation.
• Secondly, it is part of a quite explicit experiment in state formation which hopefully will soon slide into history, but whose effects need careful assessment before it disappears from view, lest we fail to learn its lessons.
• Thirdly, reforming the policing of South Africa provides a fertile arena for competing visions of what policing a democracy should mean.

Dr Gerard Lynch

President of the John Jay College, New York, said to be "one of the most renowned criminal justice institutes in the United States." Dr Lynch was the only one of a number of candidates proposed by the Irish Government to be accepted following a week long dispute between the two governments which culminated in a meeting between the Irish Taoiseach, Bertie Ahern, and the British PM, Tony Blair. Lynch is a member of the Irish senate. The Manhattan based college where he holds the presidency has a long standing relationship with the Garda Siochana, the police in the Republic of Ireland. His appointment is said to be non-controversial though there is speculation among legal circles in New York that he is well disposed towards the RUC Chief Constable whom he has met on a number of occasions, although this cannot be confirmed at the time of writing. It is possible that John Jay College may offer training programmes to a future police service here. At present the College offers a training programme to NYPD recruits called 'Human Dignity and the Police: Professional Ethics and Personal Integrity in Police Work'. Representatives of the Pat Finucane Centre visited the College in 1996 and met with the dean to discuss the problems associated with policing in post conflict situations. The course referred to above is innovative though its relevance to the problems of policing in the North of Ireland must be doubted.

In summary it must be said that the process of selection of candidates for the new commission has failed its first test, that of winning the confidence of the nationalist community. Behind the scenes lobbying by the Irish Government and human rights groups failed to gain the inclusion of any appointee from a specifically human rights background and expertise. Representatives of civil society such as trade unionists, community activists or those active in the women's movement have been bypassed in favour of academics and professionals. None of the appointees seriously question the constitutional status of the North of Ireland and are therefore unable to mirror the concerns of the nationalist community. The commission was set up to create the conditions for an acceptable police service. In effect it was accepted that a significant section of society here reject the RUC. The appointment procedure on the other hand focused on calming the fears of the unionist community that significant changes will be necessary. At a press conference this week for instance the Secretary of State ruled out the possibility of two-tiered policing. The Belfast Agreement however makes no such preconditions.

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Rule 21 and the GAA

The decision by delegates at the GAA special congress to retain its ban on members of the northern security forces until such time as an acceptable police service is created has resulted in continuing attacks on the organisation from a variety of sources. The Ulster Unionist, Chris Mc Gimpsey, has suggested that the ban is sectarian and may be in violation of European human rights law. As pointed out in previous updates the ban is aimed at the security forces not the Protestant community. Mc Gimpsey however clearly equates the RUC with that community. Point taken. Could opposition to the South African police of the Apartheid era be construed as racist? If women oppose an organisation because it is male dominated can they be accused of sexism?
To raise the issue of European human rights law in connection with the RUC is certainly appropriate. No other police force in Europe has been condemned as often as the RUC. The words stones and glass houses spring to mind. Consider the position of Chris Mc Gimpsey. He is a long standing member of probably the only political party in Europe, the Ulster Unionist Party, which officially reserves delegate positions on its ruling council to members of a semi-secret anti-Catholic organisation, the Orange Order. Membership of the Orange Order is restricted to male Protestants.