DIRECTOR'S REPORT July 1998

July 1998

Our analysis of the outcome of the elections to the Northern Ireland Assembly on 25th June was sent out on 30th June. This election, unlike most others in Northern Ireland, did not hinge solely on the unionist:nationalist divide. This time another factor was at play, that of for:against the peace agreement. It looks as if around 75% of those elected to the Assembly are pro-Agreement, compared to 71% who voted yes in the referendum. This sends a very clear message that the majority of people on all sides of the community want the Assembly - and the Agreement - to work.

It is to be hoped that the actions of the Portadown Orange Lodge and its supporters at Drumcree over the Twelfth were the swansong of those who want to wreck the Agreement. It is desperately sad that it took the deaths of three small boys to bring matters to a head, and it was terrible waiting for what seemed to be inevitable fatalities, but it does appear that the marching issue may at long last be beginning to be put in perspective. The Rev Bingham's courageous, and of course correct, declaration that no parade was worth a life does seem to have been heeded by the majority of Protestants, while the dignified protest by the nationalist residents of the Ormeau Road has also set an example. It remains to be seen what will happen over the forthcoming parades in Derry during August. We hope that, whatever happens, the RUC will refrain from using plastic bullets. We have already written to the Secretary of State concerning the serious injuries that were caused at Drumcree by their use. Many thanks to Andrew Sharland for acting as our observer, under CAJ's auspices, on the Garvaghy Road. We will also have observers in Derry.

The Northern Ireland Bill is meant to give effect to the terms set out in the Agreement reached on Good Friday. Unfortunately, as drafted the Bill is disappointing in some key aspects so far as the human rights elements of the Agreement are concerned. In particular, the proposed Human Rights Commission is insufficiently independent and does not have all the powers it needs to investigate patterns of human rights abuses or to litigate in its own right. The Bill also proposes to amalgamate all existing anti-discrimination bodies despite strong representations to the contrary from the bodies themselves and, crucially, from those on the sharp end of discrimination, such as ethnic minorities and people with disabilities. Given the crucial role that human rights reforms must play if the Agreement is to be successful in the long term, if the Bill is passed as it stands it will not deliver the human rights promises contained in the Agreement. We hope that the government will think again and accept the amendments being put forward in order that this important opportunity is not lost.

On 20th and 21st July a preliminary hearing was held by the Bloody Sunday Inquiry, which I attended as an observer. We were able to assist the lawyers acting for the families by researching in some depth the arrangements made for the Stephen Lawrence Inquiry, which is taking place in London.

Rulings on the issues raised in Derry - were issued on 24th July. One of the most important matters raised at the hearing was the strength of the legal team to represent the dead and injured. The Inquiry had said that it was minded to agree to fund just one senior and two junior counsel. Seamus Treacy BL, acting for the families, persuaded the Inquiry that a team of 5 senior plus 5 junior counsel were needed in order to represent the victims adequately. The Inquiry also ruled that Gerald Donaghy's adoptive family should represent his interests, rather than his natural borther and sister, who had no contact with him during his lifetime and only came forward when the new inquiry was announced. The other significant factor to emerge at the hearing was the decision by the Ministry of Defence not to identify itself as an interested party. In effect, they are not seeking to defend what happened on Bloody Sunday. On the other hand, they are also refusing to be accountable. The MoD has also failed to find all but a handful of the soldiers who were present in Derry on Bloody Sunday, and the Inquiry is now going to employ its own private agents to try to track the soldiers down. The MoD has released a great many documents to the Inquiry, all of which will be made public in due course, when they will need to be subjected to extensive analysis. The Crown has also waived privilege, which means that crucial documents, such as Cabinet minutes, should become available.

Lord Saville, who chairs the Inquiry, was at pains to make it clear that they intend to carry out a rigorous inquiry into all the facts, including the political background to Bloody Sunday. After the fiasco of the Widgery Tribunal, the families are naturally distrustful of the new Inquiry, but my own impression is: so far, so good. The substantive hearings are not due to begin before February 1999.

We have now sent a report to the UN's Special Rapporteur on Extra-Judicial Executions concerning the shooting by a special Garda unit of Ronan MacLochlainn on 1st May 1998. We understand that the post mortem report will be available soon, which hopefully will shed further light on the circumstances of his death.

Elaine Moore was one of several people arrested in London and Dublin for their alleged involvement in a dissident republican fire bombing campaign. She is 21 years old and is being held in an all-male jail. We understand that there are serious doubts about the extent of her involvement in the alleged crime, but whether she is guilty or not there can never be any excuse for holding women in male prisons. As we did in the case of Roisin McAliskey, we have drawn this matter to the attention of the European Committee for the Prevention of Torture, who are concerned with prison conditions.

It is the end of a long, wet summer for our three interns, Siobhan Keegan, Amy Wallace and Edward Tran. Our thanks to all of them for all their work over the past couple of months, and we wish them the best of luck in their future studies and careers.

For Peace Justice & Human Rights

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