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DECEMBER 2006
SECRETARY OF STATE WAS WRONG TO CONVERT WRIGHT INQUIRY
Judgment was issued on 19th December 2006 in the judicial review brought by Billy Wright’s father, David Wright, against the Secretary of State’s decision to convert the Billy Wright Inquiry to an inquiry under the Inquiries Act 2005. Mr Justice Deeny said that Peter Hain MP had been badly advised and had not taken account of Section 14 of the Act, which gives the Secretary of State an unprecedented power to stop the inquiry at any time, with there being very little that anyone, including the courts, can do about it. The judge deferred his ruling on a remedy until January, so it is not yet clear what the legal basis for the inquiry will be. BIRW, along with the Committee on the Administration of Justice and Amnesty International, has argued in a third party intervention that no inquiry under the Inquiries Act could be compatible with Article 2 of the European Convention on Human Rights, which protects the right to life. The Northern Ireland Human Rights Commissioned made similar arguments in its intervention. This important test case may very well end in the House of Lords.
PRELIMINARY HEARINGS OF THE BILLY WRIGHT INQUIRY
Our report of the preliminary hearings held by the Billy Wright inquiry in October are now available on our website, and it makes for shocking reading. The hearings revealed that, despite requests from David Wright’s lawyers and the Northern Ireland Human Rights Commission, and an official instruction from the Inquiry itself, intelligence files on some 800 prisoners at the Maze prison, including files relating to Billy Wright, were destroyed. Further hearings were held in December and that report is also available on our website.
BBC REPEAL THE ACT VOTE
During December the BBC Radio 4 Today Programme invited listeners to nominate the piece of legislation they would most like to see repealed. BIRW nominated the Inquiries Act, and Geraldine Finucane, who has been denied an independent public inquiry into the murder of her lawyer husband Patrick Finucane, broadcasted an eloquent appeal for the repeal of the Act. Unfortunately, the Act did not make it to the shortlist on which members of the public could vote, but we would like to thank everyone who supported our attempt. In case you’re wondering, the hunting lobby won their bid to have the anti-fox-hunting law nominated for repeal, although there is no sign of government actually doing away with it.
INQUEST HELD ON THE MURDER OF MARTIN O’HAGAN
The inquest into the murder in September 2001 of journalist Martin O’Hagan was convened at short notice on 19th December 2006. The inquest was over in a couple of hours and did not address many of the questions surrounding the murder, which remains unsolved five years after the event. BIRW will be sending a report about the inquest to the United Nations’ Special Rapporteur on freedom of information, who has been following the case closely.
bill of rights forum MEETS
Despite the government’s announcement that the Bill of Rights Forum would not start work until January, it did in fact hold its inaugural meeting on 18th December. However, the government responded promptly to the submissions it received to its rushed consultation exercise and, as a result of representations made by BIRW and other human rights groups a number of concessions were won, as follows:
1) the deadline for the Forum’s work has been extended to 31st December 2007 instead of September;
2) the number of representatives of civil society has been increased to 14, to match the political parties;
3) there is a specific human rights seat, which has been allocated to CAJ (whom BIRW nominated and through whom we can contribute);
4) most of the other civil society seats are based on recognised categories of disadvantage, which has made room for a number of other human rights groups;
5) so far as possible the civil society seats have gone to umbrella groups, which means that a broad spectrum of views will be represented; and
6) there is agreement that the permanent Chair must be of the highest standing.
BIRW TO BE EVALUATED
Our work is to be evaluated during 2007. Anyone who is interested in tendering to carry out the evaluation will find the brief on our website. The deadline for tenders is 31st January 2007.
majella o’Hare
On 4th December I attended a meeting between the Irish Department of Foreign Affairs and the family of Majella O’Hare, who was shot by a British soldier at the tender age of twelve in 1976. To this day the family has received no acknowledgment of any kind from the United Kingdom government that this tragic killing should never have happened.
HUMAN BOMBINGS
I travelled to Derry on 6th December to attend a meeting between the PSNI’s Historical Enquiries Team and the family of Patsy Gillespie, who was used as a “human bomb” in the attack on the army checkpoint at Coshquin in October 1990, in which he and five soldiers died.
LESS LETHAL FORCE
BIRW have sent a detailed submission in response to the Fifth Report by the UK Steering Group on Pattern recommendations 69 and 70 (which were about finding a less lethal alternative to plastic bullets), now known as A Research Programme into Alternative Policing Approaches towards the Management of Conflict. Since the Oversight Commissioner on policing has said that he will regard Patten Recommendations 69 and 70 as having been met by the publication of the Fifth Report, we have commented extensively on the human rights aspects of the plethora of “less lethal” weapons already deployed or under consideration for deployment by the police in Northern Ireland, including not only the new version of the plastic bullet, the AEP, but also CS Spray, PAVA pepper gas, and tasers, which deliver electric shocks.
PATTERNS OF RECONCILIATION
Caroline Parkes attended a course on 5th December at St Ethelburga’s in London entitled The Art of Reconciliation. This one day workshop examined different interpretations of reconciliation and opened discussion about the nature and character of reconciliation processes. While the participants were drawn from a wider variety of backgrounds and countries, there was an emphasis on those from Northern Ireland, including members of the Corrymeela Community.
HUMAN RIGHTS DAY APPEAL
Many thanks to all those who have contributed to our annual Human Rights Day appeal. So far the early birds have donated almost £700. If you think our work is worthwhile, I hope you will consider sending us something, either by writing us a cheque or clicking the “donate now” button on our website. I should also like to take this opportunity to thank our dear friend Mary Pike for her kind donation in memory of Maureen Doherty.
ANNUAL REPORT
Our annual report for 2006 has been published and is available on our website for those who have not already received a copy by post.
SEASON’S GREETINGS
All of us at BIRW would like to take this opportunity to wish all our supporters a very happy and peaceful 2007.
Jane Winter,
Director,
31st December 2006.
For Peace Justice & Human Rights
