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Public Talk Full Reports

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19
Oct
1998
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1998 – No. 30: “Parading Disputes – Is there a better future?” – report
Posted by Cian in Public Talk Full Reports

No. 30 – “PARADING DISPUTES – IS THERE A BETTER FUTURE?”

Monday, 19th October, 1998

St. Columban’s College, Dalgan Park, Navan, Co. Meath

Speakers:

Cllr. Fergus McQuillan (SDLP, Fermanagh District Council)

Orla Maloney (Member of Drumcree Faith and Justice Group, and Garvaghy Road Residents Group)

Roger Bradley ((Member of Education Committee, Grand Orange Lodge)

John Hunter (Member of Orange Institution and UUP member)

Ernest Baird (Member of Orange Institution)

Michael Doherty (Authorised officer, Parades Commission)

Dominick Bryan (Research officer, Centre for the Study of Conflict)

Chaired by Fergus Finlay

Contents:

Introduction (Michael Kane and Fergus Finlay)

Addresses of speakers

Chairman’s summing up

Questions and Comments

Closing words (Fergus Finlay and Julitta Clancy)

INTRODUCTION

Michael Kane (Meath Peace Group) welcomed the speakers and thanked everyone for coming. “Our last talk in May was on the Belfast Agreement. While there was much hope and optimism expressed that night there were also concerns about the parading disputes and dissident republican groups. Sadly these concerns proved prophetic, but on a scale no-one could have believed. Over the last few months, 36 people including several young children and two unborn babies have been killed, hundreds have been injured and many people have been intimidated out of their homes. Most of these casualties occurred in the Real IRA bomb attack in Omagh, four deaths (the three Quinn children and RUC constable Frank O’Reilly) resulted from the parading dispute in Drumcree and one person, Andrew Kearney, was killed in an IRA punishment attack. Let us remember these people tonight and let us remember their grieving families.

“Last weekend I spent four days in Belfast at the Fourth EU Conference on Peace and Reconciliation. I was very touched principally by the people from Belfast. There were youth workers from East, West, North and South Belfast who had been involved in different sides of the conflict and who were now working together and they were talking about all the achievements that have taken place over the last few months. But what I learnt most was all the work that has been done over the years, all the small little initiatives that have been taken by people who have taken risks … in trying to bring peace….”

Chair (Fergus Finlay): opening the discussion, guest chair Fergus Finlay said:

“In the week when the Nobel Peace Prize came to Ireland there could hardly be a more fitting topic for discussion tonight. Because I think the Nobel Peace Prize was awarded to two people who came to realise that peace was only possible if the concepts of victory and defeat were finally put aside …and the Agreement that they negotiated, and in which they were principal players, was an agreement which is built around that very concept and couldn’t have happened if either side or the other went into negotiations looking for a victory or prepared for defeat.

“But there are, I think, two areas – apart from the atrocities that Michael mentioned and apart from the small groups on the fringes who commit those atrocities – there are two areas where the concept of victory and defeat is an issue: these are the parades issue and decommissioning.

“To most of us who don’t live in Northern Ireland, both of these subjects contribute to the ongoing and, I suppose, permanent incomprehension. I find it impossible to understand how decommissioning is still an issue – who needs guns, bombs or semtex if they’re involved in the kind of political activity that the republicans are involved in now? I also find it impossible to understand why it is that parades cause such bitterness and why it is that two communities who can talk together about the highest political concepts can’t talk to each other about small areas of local space. I would hope that by the end of the night we will have a better understanding of why it is that passions run so high in relation to at least one of those subjects, i.e. the subject of parades.

“I would like the audience to acknowledge that the speakers have come a long way – there are people here tonight willing to speak, willing to explain, willing to communicate, and I think each in their own way are paying their own tribute to the many years of valuable work undertaken by the Meath Peace Group. I’m not sure if there are too many groups in Ireland who could attract such a panel from both sides of the divide to share themselves honestly with us. I think that’s possibly the greatest tribute I could pay to the Meath Peace Group. I’m going to start the proceedings now and I’ll call on Cllr. Fergus McQuillan:

1. Fergus McQuillan (SDLP, Newtownbutler)

“Thank you…. Just a little bit of background – I’ve been a schoolteacher in Newtownbutler since 1957. I’ve been on Fermanagh District Council since 1981. I fought the Assembly elections in 1973 (along with one of tonight’s speakers, Ernest Baird). However I lost to Harry West. There wouldn’t have been much of a career anyway in politics in Northern Ireland for 25 years. Luckily we got John Hume, Seamus Mallon and Eddie McGrady elected …

Parades issue: “I live in Newtownbutler which is about 60 miles north of here – it’s a small nationalist village. It’s been in the news since 1689 – one of the most important battles of the Williamite Wars was fought there and I think every century we’ve been having an odd battle ever since.

1996: “Since the last War … there have been Orange parades in Newtownbutler – the Sunday before the 12th July and the Sunday before the 12th August and the feeder marches on the morning of the 12th July and the 2nd Saturday of August. Those parades passed peacefully every year until Drumcree happened. I say that without fear or favour. There was grumbling always – people said “those so and so’s shouldn’t be allowed to march” – troublemakers had to be watched. At that time there was no Sunday opening and no congregation about the town – the parades were usually around 7 or 8 O’Clock on a Sunday evening … and there was no trouble. But Drumcree sparked something off which I cannot explain. I was asked after Drumcree to go and meet with the RUC Superintendent at Lisnakea, and with the parish priest of Newtownbutler and with two members of the Orange Order we arranged that meeting. But the resident’s association had been set up in the meantime.

“Now the resident’s association of Newtownbutler had been set up because on the first Sunday of Drumcree – when we saw the battle royal on our televisions – there was a stand off in Newtownbutler on that particular night. The traditional Sunday night parade had taken place. The parade was led by the Inver band from Roslea …and they played on the street for 45 minutes.

“I’ve had various contradictions to that, but I know. I was on the street. I owned a pub in the town, on the main street … and I was coming in [to the pub] and I couldn’t get in – I had to walk through a crowd of people who had completely blocked the main street. This blockage was assisted by the RUC. I was told to park my car , leave it there and if I tried to walk up, it was up to myself. My daughter who occupied a flat above the pub and had two small children, was somewhere behind in that queue of cars and she had to manhandle two infants, both in pushchairs, through the crowd as well. Many other people were hindered that night…. That caused a bad feeling in the village and as a result of that on the 12th of July, a couple of days later, a skirmish broke out and it got very serious and the special patrol group came in. These are RUC who come in dressed nearly like the way James Bond would be in the films – that’s the only way I can describe them, completely in black, flameproof jackets, visors, helmets etc. As a result of that we were not able to contain the people who decided they would protest. And protest they’ve been doing since.

1997: “Even last year, in 1997, when the local residents association informed the police they would be having a protest and told them where it would be … it would not be hindering the parade, it would be off the parade route – it would be in view of it all right but they would stand well back and would confine it to 50 people. … That night there were 50 police landrovers in town, 50 protestors and 50 marchers. As a result of that 27 people have been interviewed by the police – they were all got on video. 10 were summoned. Last week the first prosecution came up – for a man who’s 6ft 5. The deposition made by the policeman was he was 5ft 10 and red-haired. The fact is he’s 6ft 5 and bald. He was definitely there but he had no connections with the protesters. Everybody in the street was swept off. The village was closed down for those hours. That in my mind is unacceptable but it is not something I would protest about. I don’t protest – I know the danger of protest. I was a member of the Civil Rights Association – I remember many a time we went on civil rights marches in the town of Enniskillen but we were always careful to make sure we could keep the crowd small and keep it orderly. That is something that’s much more difficult to do nowadays than it was then. It only takes one or two troublemakers. It only takes one or two idiots to be fired up by a bit of bravado in the pub or whatever. The first year of the protest we closed the pubs – the pubs didn’t open at all on that particular Sunday night. This year I had sold mine and two other pubs had been sold … and I suppose they couldn’t afford to close the pubs.

Dialogue: “I was deeply disappointed with the Orange that they refused to communicate. They suggested a number of people of whom I was one, because I was a local councillor, the Parish Priest, because he was a nice quiet man, but PPs these days don’t lead their flocks the way they used to – they haven’t that influence. People will remember the days when the parish priest and the local schoolmaster in a small area would have had influence, but that is no longer the case.

1998: “.. This year when we did sit down to negotiate with the Parades Authority – and we got 5 minutes notice of the meeting – myself and another man who … had been acceptable to the Orange the previous year were called in. .. We said to the negotiator, “there’s no way we can stop people if they are going to demonstrate” and we then eventually got two Sinn Fein members to come in and they said “this is not about refusal to [allow a] march … this is about refusal to talk”. That if the Orange people would come in and talk to us “we will talk to them and we will be generous”. Now I’d got that promise also from Sinn Fein councillors in 1996 privately. But they couldn’t say it publicly and opportunities were lost.

“Now I cannot speak for the Garvaghy Road – it’s a bigger place than Newtownbutler. But the people who would be talking here were people who would be going to the same cattle marts every week, who would be going to the same shops, who meet each other every day, as farmers do. But there was a complete refusal to negotiate. There was a blatant refusal to talk to Sinn Fein. Now I don’t speak for Sinn Fein. I have fought elections against Sinn Fein all my life when they were running boycotts. That happened the first time I met Ernest [Baird] – a Sinn Fein boycott really caught me out . And I had been working with the very same people in the civil rights movement….

“The message needs to go out. The Parades Commission allowed a Church parade in August this year and I was very very annoyed at that situation, because it was dangerous. It is taking a toll on the people of Newtownbutler. And I know that the Protestant people of Newtownbutler miss the parades. I’d like to see those parades going through. As I said, for almost 50 years they went through without let or hindrance. They weren’t particularly liked by republicans. One objection I would have myself is .. playing “God Save the Queen” … in the middle of the main street. Now that holds up things and it is seen as victorious by the ordinary people of Newtownbutler. They are a political people. The first time the water cannon was used in Northern Ireland was used in 1954 in Newtownbutler to hose us off the streets. Now I’m glad we have no marching tradition – we didn’t have to participate in that line. But we would have been participating in the GAA – we have one of the oldest GAA clubs in Northern Ireland

Public holidays: “I believe there is another matter which has to be addressed: there are only two public holidays in Northern Ireland – on 12th and 13th July. 40% of the population cannot take part. The new Assembly will have to do something about this. I’m not a protesting person but I do feel that some recognition must be given to the nationalist people about that public holiday system. These holidays don’t suit everybody. Holidays are necessary and as a schoolteacher I enjoy the best of holidays but I do believe that is another issue that will have to be addressed, sooner rather than later. Hopefully it won’t be a matter of protest. Thank you.”

2. Orla Maloney (member of Drumcree Faith and Justice group, and Garvaghy Road Residents Coalition):

“Thank you… I was asked to talk as a mother, on what it’s like to live in Portadown. I’m from Dublin, my father is from Waterford, my mother from Mayo, but I’ve spent most of my life in Portadown. I was very happy when I met a man from Portadown and went to live there. All my life republican/nationalist undertones were in my house. My family were split over the Civil War. I thought this was my chance to really do something about the North – to go and live there, work there, have children there. Just to be part of it instead of being part of those in the 26 counties who just look up and say it’s terrible.

“Most people I knew had never crossed the border. When I drove into Portadown the first time I can remember my heart sinking. I felt an atmosphere as I drove in – it was awful.

Ghettoisation: “I sent my children to a mixed school. I did meet Protestants, but my first difficulty was hockey – hockey was my game and I was told I couldn’t play hockey in Portadown. I had to play on the other side of town. Very soon one was ghettoised on the Garvaghy Road – there wasn’t much room for manoeuvre. So, my escape was the road to Newry and Dublin and the road to Enniskillen and Mayo. Our holidays were spent like that. I remember the children’s early questions – driving through the town once the bunting went up and them asking me “what are these colours? why are they here? red, white and blue – what are they for?” The whole town was done and they thought it was a cause for celebration. But soon they learnt from their friends that these weren’t our colours. When they asked what were their colours they were told they weren’t allowed have their colours in Portadown. It was just that simple, you didn’t and you couldn’t.

“Regularly you would hear ‘so and so was attacked up the town, don’t go to the town late at night’. ‘Can we go to the pictures?‘ No, there was no picture house. Social life was confined to the couple of pubs up the Garvaghy Road end of the town. The same went with the children. Football matches might have been outside the town but the bus could be attacked on the way home. The boys went to Armagh to school and the bus was often attacked on the way home. The girls went to Dungannon, the same thing. So it wasn’t easy bringing up children where you had no outlet for them. I’d walk them out the country and just let them loose on the road. Now looking back, relatively speaking, I had loads of freedom in Portadown because now I can’t go into the town safely at all. People look at you, nudge, whisper. I have been to town I think three times since last June and that would be rushed and I haven’t been in on my own. So basically you’re confined to a one mile stretch of road with a concentrated population of people who are there because they were burned and intimidated out of their homes during the early 1970s.

Feelings of dispossession: “So nationalists have a feeling of dispossession . They would have it from the Plantation, from the foundation of the Orange Order, from the formation of the State and particularly from the early 70’s. Now 11 people were murdered in recent years in Portadown (including most recently RUC constable O’Reilly). Yet that’s a small part of the story. The amount of attacks that go unreported – they’re daily. Women have been spat on around the town, called names, faced with placards saying “No taigs around the town”. A Jewish friend of mine in Israel says it sounds and feels like Nazi Germany just before the war broke out. Your choice of things like education is limited. I have a son who goes to Armagh Tech simply because Portadown Tech isn’t safe.

Drumcree Faith and Justice: “ I was roped into a group called the Drumcree Faith and Justice Group by Brian Lennon. I didn’t know what I was getting in to. My early experiences with the children had caused resentment at the situation. I would say I’m a strong nationalist. I’m completely opposed to violence, any form of violence from wherever it comes, I can find no reason for it, even on television I can’t stomach it.

“So I had to find an outlet for the feelings of injustice, resentment and unfairness in my children …. So I started writing poetry and I encouraged the children to write poetry and to draw, so that their resentment would be channelled and they would see that there was somebody to listen to them. That was the only thing I could think of. So when Brian Lennon asked me to join the Faith and Justice group I consulted with the children and they thought it was a good idea. We did various things like having tea parties on the road and inviting the Orange men to have a cup of tea. We wrote to them every year asking them to meet us and to hear the feelings of people in the area about the march. The march was a symbol to them of all the unfairness and injustice that went on all year. The fact that they couldn’t go to town. The fact that we’re just over 20% of the population of Portadown yet we’re 45% of the unemployed. The fact that we don’t have access to schools, social activities, everything.

Parades in Portadown: “There are 44 marches in Portadown town centre from Easter on. Which means on a Friday night we can’t go shopping – you’re diverted. Now people don’t say anything about that, we don’t even talk about that amongst ourselves. The town is blocked off. We know we’re not safe in it, we don’t have access to it – they have their march in it. But the march that comes down the Garvaghy Road – onto the road where all the people are gathered who were intimidated out of the rest of the town – when that march comes, it comes when people are caged in for 48 hours, with a very heavy security presence. The security forces would face the people, not the marchers. They would search, bring dogs into the estates and several incidents would be reported.

“Our youths would normally have rioted the night before because of all the resentments and everything building up. They would stone a local empty factory. I’m part of a co-op – Drumcree Community Trust – we bought that factory and changed it into medium-sized business units which happened to coincide with the cease-fire and the joining of various people in the area into a coalition of local residents. I am the Faith and Justice representative on that Coalition of local residents. The rioting ceased, people then looked to the coalition of residents. They thought they had strong people speaking for them…

Dialogue: “.. Every effort was made for dialogue. I think I said that every year for 11 years we had written to the Orange Order and we had never received a reply. We have also repeatedly written to David Trimble and we haven’t had a reply. Our bottom line always was dialogue. No pre-conditions. It never said no march.. or anything like that. … We want to talk – we want to talk about the problem of the town and the problem of the march in relation to the town.

1995: “I think everybody knows what happened that year. There was a stand-off. The march was refused. I think it was Hugh Annesley said any body who would come in and would look at a map and ask what should they do, anyone would ask why would the Orangemen not take the equidistant route back the way they came? Why did they have to go down the Garvaghy Road? On one radio show this year… an Orangeman said “what’s the point of marching if you don’t go through a nationalist area?”

“That’s the way it feels as a Nationalist watching the march go through and being sealed in beforehand. To go back to the stand-off – the Mediation Network came in. An agreement was struck and then the agreement was broken when David Trimble and Ian Paisley danced down the road and subsequently medals were given out to celebrate the siege of Drumcree. Nationalists couldn’t believe that. They felt the ruling had been in their favour – the Orangemen had a stand-off, had thrown a tantrum… they had worked out an agreement and then the agreement was broken. Dialogue was agreed – that was part of the agreement – but dialogue never happened.

1996: “ 1996 came along and again it was ruled that the march should not go down the road and there was another standoff. Fergus [Finlay] said at the beginning that he didn’t understand why it happened – why Drumcree had this effect. I think everybody was in a certain mode of thinking. I couldn’t understand myself how it was done in front of the world’s cameras. I could never believe that – how they did it. Very quickly word came through that the march was getting pushed through and people assembled on the road and people sat down and the riot police lined up. I went to plead with them – they pulled their batons and they went to beat. There were children, women, grandmothers – every age group – sitting on the road.

“I was just pushed away and a police-man raised his baton at me and my husband pulled me out from under the baton. There was no talking to the police, obviously they had been instructed to get these people out of the road, the march was getting pushed through. So the whole world saw unarmed people sitting on the road – they’d worked out an agreement the year before, the agreement had been broken and here was the march getting pushed through again and it was their skulls that got the batons. I think very quickly everybody picked their side.

Boycotts: “People afterwards talked about orchestrated boycotts. There was nothing orchestrated. Person after person that day on the road said to me … “We have got some power we’ve got our purses”. They thought at first the Catholic Church had sold them out and the first thing they were saying is “there’s not a penny going back into the basket”. Subsequently the boycott seemed to be against Protestant businesses but initially they thought the Cardinal had sold them out at the talks down at the carpet factory – which had not been done – but they were going to keep their money away from the Church. So people nursed their bruises.

“We went again for peaceful dialogue and met every Church leader, and every politician and every person that we could think of from ‘96 to ‘97…

1997: “…At five o’clock on the Saturday evening we still had had no decision. At midnight the reporters told us it looked like the wire was going up and it looked like the march was not going to be allowed through. So hence the dismay when at three in the morning thousands upon thousands of troops were silently coming in, in the middle of the night. My ten year old still has nightmares about it. My husband had to take my two little ones and try and get down through the estates and away from Garvaghy Road. My ten year old said to me recently during a nightmare “did you not know that I was afraid?” Would you not have been afraid if you were eight and you were taken out in the middle of the night?

Stress: “That’s part of the problem – we’re living with so much stress. You check under your car in the morning, you watch every move and every strange sound during the night, many people have death threats. .. I don’t feel I can operate with my family unless I do something about the situation in which I brought them to live. Basically as a Christian if you see something that’s unfair – it’s not easy in Portadown to talk out against it, but I think it’s your moral duty. If you see something that you think is wrong you try and channel people away from being violent and you talk about it.

“Repeatedly we’re told the Orange Order can’t meet Breandan MacCionnaith because he did a prison sentence some years ago. That’s another red herring. They did not talk to Faith and Justice group for all these years – never acknowledged a letter. If we’re to go on about what people have done wrong – we have to look to the Gospel – “who can throw the first stone?” Nobody I believe.

Recent months: “Julitta asked me to talk about the recent months. It’s been hell since July – for 10 weeks we had the demonstrations at Corcrain – nightly abuse. Just enclosed in this mile long stretch of road. I was there when the policeman [Constable O’Reilly] was hurt – what was most painful was the women chanting “cheerio” as the ambulance was pulling out. No human feeling towards the man who had been injured. Those protests have been withdrawn since that injury. But the atmosphere in Portadown remains the same – there’s no movement, nothing happening and we’re in our little ghetto.

Good Friday Agreement: “My hope for the future lies in the Agreement and the implementation of the Agreement. That’s about equality and justice for everybody. That doesn’t mean taking away anybody’s rights. Everybody benefits from justice. Thank you.”

3. Roger Bradley (Member of Education Committee, Grand Orange Lodge):

“Thank you. I’m a member of the Education Committee of Grand Lodge, but I’m here in a private capacity – I have no authority to speak for the Order. I’m also a Worshipful Master of the Cross of St. Patrick LOL. My particular purpose here is to introduce Ernest Baird and John Hunter who will speak on different aspects. I should also say that had there been a member of Sinn Fein at this table, I could not have been here; I could not have shared a platform with Sinn Fein as they are one and the same as the IRA, and that is the position of the Order and that is my position.

Parades issue a symptom of underlying problem: “The issue of parades has become much more contentious in recent years. As earlier speakers have pointed out, there’s been parades for years and they haven’t caused any bother and all of a sudden it’s become an issue. I work alongside a young Catholic …who as a child used to go to watch parades along with her parents. Obviously she didn’t have a problem with it, her parents didn’t have a problem with it. All of a sudden now it’s an issue. We need to ask why is this? … It’s also useful to look at the work of Dominick Bryan who has done a lot of research in this area, and perhaps he is more objective than certainly nationalists and indeed Orangemen as well – he would perhaps have an objective view as to why it has become an issue. However I want to assert that parades have become an issue, not because it’s an Orange parade – it just happens to be a symptom of an underlying cause, and it’s the underlying cause that we should be looking at.

“To distill this down simply – it’s a battle between republicanism and unionism – that’s what it boils down to, in the final analysis.

Spiritual warfare: “In today’s Newsletter, there was a letter from a Church of Ireland minister, the Rev. Bill Hoey, who supports the Rev. Pickering, the Rector of Drumcree. In the letter he says [re the Catalyst group]: “… I believe these people have lost their way. They are so wrapped up in a false ecumenism that they’ve forsaken the teaching of the Word of God, upon which the doctrines and teaching of the Church of Ireland is based. I would ask these clerics in the group to read again the Ordination Service and the vows they made, together with Ezekiel 33 and 34 to see what the Lord says about false shepherds… The Church of Ireland seems to be terminally ill and one has only to read the nonsense of the Catalyst group to see where the cancer really is”. This is really a spiritual warfare – focusing on the Reformed Faith, actually wanting to reverse the Reformation. That in my mind is what this is all about, and the problem that you see in the parading issue is just but one symptom of that. There are many other symptoms but that is one focus that is being latched upon.

“After all, it was Gerry Adams who said (at Athboy) that the Drumcree standoff did not come about by accident, and he was absolutely right. It did not come about by accident. The protests that we have seen throughout the country have not come about by accident.

Misinformation: “There’s a great deal of misinformation and propaganda about. What I hope with both John and Ernest speaking to you is that it will help dispel some of that misinformation and help to clear away some of the propaganda so that you all will have a clearer understanding of what the position of Orangemen is. .. Thank you very much.

Chair: “I call on John Hunter now, who is a barrister, and a member of the Orange Order and the UUP. Like the other speakers he is here in an individual capacity.

4. John Hunter (barrister; member of Orange Order and UUP): “Thank you Fergus. I was going to say that I hold no brief for the Orange Institution – I’m here just expressing my own opinions.

Understanding the significance of parades: “First of all, in terms of the whole issue of parades and parading, I don’t think that people in this country can really appreciate or understand the significance of parades and parading and processions in the culture of the Ulster Protestant. I don’t think you understand it. I can remember on one occasion seeing a man saying on television that he “liked to walk”. I was speaking to someone from outside Northern Ireland and he hadn’t a clue what the man was talking about. It’s struck with me ever since.

“Frankly, there isn’t an understanding of the issue.

Ulster Protestants – a community under siege: “You’ve also got to understand, that from the perspective of an Ulster Protestant, we’re a community that still perceives our community to be under siege – to be under siege from the forces of Irish republicanism for many many years. In the border areas of Northern Ireland we have had, in effect, a campaign of genocide against Protestants. For example in South Fermanagh, there have been many, many Protestants murdered and the people responsible for those murders have never been caught. So, even from that perspective, you have a particular feeling of a constant encroachment, a campaign of genocide. When you hear Orla talk about the ghettoisation of the republican community in Portadown – I don’t see, for example, in areas of Northern Ireland a ghettoisation to that extent potentially of the Protestant population, but I see in large parts of Northern Ireland where Protestants have been forced to move out of their farms because the only son or the eldest son has been murdered, there’s that gradual movement back. It’s when you have a community under siege like that that we have the importance of the Orange Institution and the whole parading issue.

“Before going on, I just want to deal with one or two matters that earlier speakers referred to in passing..

Playing of “God Save the Queen”: “I’m glad that Fergus [McQuillan] has no objection to his Protestant neighbours celebrating their culture by walking to and from church in the main street of Newtownbutler. But .. the playing of “God Save the Queen” – That is the national anthem of the United Kingdom of Great Britain and Northern Ireland. Traditionally at the end of an Orange meeting or at the end of an Orange parade they play the national anthem of the country. I wouldn’t be at all surprised if I were in your country, and some function were taking place, that they played the national anthem of your country. I might expect that. You expect the same thing in Northern Ireland. That’s an important part of the identity of the country, and nobody is being triumphalist or offensive, standing and playing the national anthem outside their hall at the end of a parade before they go in. That is a normal part of the Orange culture and until people can actually understand and appreciate that, then I think we’ve got an awful long way to go.

Refusal to talk: “There’s this whole business here about communication and about refusal to talk. It comes back to what Roger said and something many Ulster Protestants picked up on – Gerry Adams, the leader of Sinn Fein/IRA, I believe at a meeting in Athboy, said that Drumcree had “not come about by accident”.

“There’s a widespread belief within the unionist community that this whole issue – Drumcree, the Ormeau Road, all these other issues – are essentially set up by Sinn Fein/IRA. You look at the position in Portadown – you may disagree, but that’s the belief, that’s the perception, that’s the understanding. Brendan McKenna is a convicted IRA terrorist who was convicted and jailed for the bombing of the Royal British Legion in Portadown. Because he is a convicted terrorist, because he blew up the Royal British Legion premises in Portadown, that’s one of the primary reasons why Orangemen do not want to talk to him. They see this man as an unreconstructed terrorist. That is the attitude and perception – whether you like it or not – of the Orange and unionist people in Portadown. That is their belief. That’s something that you’ve got to look at and understand.

Historical baggage: “… I listened to Orla talking about this alienation back from the time of the Plantation, which was about the beginning of the 17th century. I suppose we might as well take the blame at this stage for Brian Boru not getting on so well back a few centuries before that, or for Strongbow coming across to help out Dermot [MacMurrough] in Leinster. Those are some of the things again – if you’re sitting grumbling in Portadown about the Plantation and lots and lots of evil Protestants coming across a couple of hundred years ago, you’re going to find it very difficult to come back into this century to sit down and talk with your neighbours. If you’re coming with that sort of historical baggage, and they are aware that you’ve got that sort of historical baggage, I would be highly surprised if the Orangemen of Portadown would want to sit down and talk to those people on the Garvaghy Road. That is reality. If you want to whinge about the Plantation and about the foundation of the Orange Order, then you’re really not facing up to reality. There’s one of the problems – there’s so much baggage here.

Dialogue and Sinn Fein generosity: “There’s this whole business about dialogue and “if you come and talk to us, we will be generous”. The two Provo councillors in South Fermanagh, for example, saying privately to Fergus [McQuillan] “you’d be surprised at our generosity.” There’s no way on the face of the earth that you’re going to get Orangemen and unionists coming to talk to people they perceive as terrorists, as murderers. There’s no way that they are going to come and talk to those people to ask them where they will or will not parade along the Queen’s Highway in the United Kingdom. That simply is not going to happen, and until you remove that illusion – that these people are going to come “cap in hand” to talk to you, to have this generosity handed out to them, then we really have got an awful long way to go.

Parades Commission: “One of the ways in which the Government decided that they would try and deal with the issue is setting up the Parades Commission. The Orange and unionist community do not accept the Parades Commission as being in some way neutral. The two people who were perceived to be from our community on it .. they’re off it, they’ve now got two nonentities from somewhere or other, and they’ve got people who are just seen as stooge- type figures of the NIO. That’s the way they are regarded within the unionist and Orange community. The Orange Order sees that in each and every time there’s any kind of a controversial parade, the Parades Commission finds against them. Again, they now have the perception that this is another body that is simply and purely against them.

“You’ve got to understand and appreciate that it’s not just the people on Garvaghy Road who are living in their self-imposed ghetto – there’s a mental state, a feeling of threat, that exists in the minds of the Ulster Protestants, in the minds of the Ulster British people, in the minds of Orangemen. That is a reality. And the sad thing is that the nationalist community within Northern Ireland on the whole don’t really appear to understand the importance of that aspect of their neighbours’ cultural history.

Triumphalism: “I come from West Tyrone, and I’ve often thought on a rainy 12th July day, as we dander along the country roads in a place like Fintona — how on earth can you be triumphalist on a wet road outside Fintona on a wet 12th July afternoon? There may be some people who have the idea that by walking from a church back to an Orange hall they are somehow being triumphalist over their neighbours. I’ve never seen it like that. I regard Orangeism and taking part in a parade like that as part of my culture, it’s an expression of my cultural identity. You may find that rather curious. But then, If find it rather curious that you go and watch the Gaelic Athletic Association on a Sunday afternoon when you might be at home enjoying your lunch, or walking your dog, or reading the Bible or your paper, or whatever you want to do. So again, I perceive that as a rather strange thing to do, or sitting playing what we regard as “diddly-dee” music. In the same way, you regard what I do in my culture as somehow strange. Until we can actually realise that, then we might in fact get somewhere.

“But frankly, you’re not going to get Orangemen to sit down and talk when they perceive these residents’ groups as nothing more thatn Sinn Fein/IRA fronts, when you have a body like the Parades Commission that basically is there to enforce the view of Mo Mowlam and others. You will not get them to sit down and cooperate when that is the sort of spirit they are expected to cooperate under.

“When Orangemen hear Irish republicans, like Gerry Adams or others, say “you’d be amazed how generous we’ll be” – from an Orangeman’s perspective it’s like a Jew saying that Adolf Hitler was generous when he told them to go to Madagascar early in 1941. That’s the same sort of reaction.

“Whether you like it or not, that’s the reality of the situation. Until we can understand that, there can be little or no move forward. It’s the gap that still exists in the perceptions of the two communities. I don’t believe the Belfast Agreement will do anything to heal the divisions.

“Even taking a minority position, like South Fermanagh. The fact that they are prevented from walking through the main street of what is their town as well, coming to or from Sunday church services, or going to a parade to celebrate their culture, that is another way whereby that small Protestant community feels isolated. Take the neighbouring village to Fergus’s – Rosslea: prior to 1969 and the outbreak of the current IRA violence, there was roughly 30% of the population in that area, around the town, Protestant. Now there’s less than 10%. The last Protestant to own a business there was, I understand, murdered. Those people by being prevented even walking on a Royal Black Preceptory parade service, or from a parade back to their hall, by people who are their neighbours, they do feel that’s a threat to their very existence. When you’re dealing with that type of situation, you cannot realistically expect dialogue to take place.

“We must address the realities before going any further. That’s something I think that we all must do. Thank you.

5. Ernest Baird (Member of the Orange Institution):

“I would like to thank the Meath Peace Group for the invitation – It’s my second time that I’ve had the pleasure of coming here. Last time I was in the audience and asked a question or two. This time I’ve been promoted to one of the speakers. Much to my surprise, I only learnt that coming down in the car. ..

“I want to approach this subject from a different angle. I feel we’re not going to get anywhere if we keep trotting out our grievances and paint a picture that Protestants are terrible, terrible people and we can’t live with them. I’m a Donegal man – I was born and lived there until I was a teenager when my family moved to the outskirts of Belfast, so I know what it’s like to be part of an insignificant minority having lived under those conditions for that marriage the first part of my life. I must say bad and all that the Ulster Protestants were, I found a lot more freedom in Northern Ireland than I did during the time I was living in Donegal – freedom of speech and freedom of thought, freedom of action within the law.

Underlying problem: “Now what I want to focus on or bring people’s attention this evening is to get below all these grievances and find out the underlying problem.

“Now all of our people – whatever their religious background or whatever their political background – all have tears. All those tears are equally sincere and sad. They all have love, and that love is expressed in whatever way is real. They all have ambition, they all feel pain. They all want to protect their families. They want to protect their way of life. They want to get on with things. I think really that the great problem in Ireland is a problem of trust.

Roman Catholic Church: “I don’t want to specifically point the finger too strongly but from my perspective – when I see a Church that, whenever it has what we call a mixed marriage that the progeny of that mixed marriage, has to grow up in one particular faith. That’s a great problem. I concede that it’s easier today. But when you find a Church that wants to monopolise Holy Communion, as was illustrated when the President [Mary McAleese] took Communion in another church. To find a church objecting to that you sort of get the impression – if you’re sitting where I’m sitting – that that church and the people that belong to it, not only that they want the progeny of the marriage but there would be a bit of difficulty in sharing openly and freely of another religion. I believe that that is the real problem underneath it all in this country.

“Because we as Protestants fear a domination from others that we ought not to fear and certainly maybe that fear as we look out throughout the land, and I think Fergus [McQuillan] made reference to it, is not as influential as it used to be or as it might have been. But nevertheless there is this concern that a Church – for example the former Cardinal, Cahal Daly in his earlier days would not have baptized children or brought them into full fellowship of the Church if they went to Protestant schools. What is that saying to Roman Catholics? It says that the church is saying that the progeny must be brought up here, we cannot have anything else, your children must be educated here. What that is saying is that Protestants are second class citizens as far as the whole of Ireland is concerned – that we’re not accepted in good faith for what we are.

Trust: “I’m trying to say that we’ve got to get to that place where full trust exists and where we’re open with each other and where people can employ anybody without asking their religion, where people can dispose of their farms or their businesses without asking the religion of the purchaser. But a Church which lays down these standards surely breeds a people that want to protect not only their progeny, but their property, their businesses, their land. We’ve only got to look at the south of Ireland and look at how successful the boycotts have been in the past. Now they may not be the same today. We experienced after the first Drumcree quite a lot of boycotts in areas where it was suggested that it was Orangemen who owned the businesses and who went to Drumcree. Therefore, they were being boycotted.

“Now until we can get away from that, until we can see people as people, until we can see people as ordinary individuals in need of spiritual relationship with God, in need of salvation through Jesus Christ, how can we possibly see them as equals if we feel that our faith is totally exclusive? How can we accept members of other faiths at any level – at a social level, at business level at any other level? This is the difficulty when this has been talked constantly, when this has been thumped into people. You’ve only got to read Bernadette Devlin’s book to realise what she was taught. These are things that make it very, very difficult.

Peace with each other: “I think we’ve got to get back to what it is that makes the people of Garvaghy road object and what makes the Orangemen wish to walk. It has been said … that if Christ were an Orangemen He would decide not to walk, and if Christ were a Garvaghy road resident He would let them walk. So don’t let anyone be holding up their hands in holy horror and claiming that Christianity is preventing some things that are happening in this world today. I believe that if all of us were looking to Christ and were at peace and at one with God in Christ Jesus and, as our Lord suggested to Nichodenus, he had to be born again before he could enter the Kingdom of God. I think if we got to that stage then our only desire would be to get our fellow human beings, our fellow Irishmen and Ulstermen – we’d want them into that position where we have peace with God and then we’d automatically be at peace with one another. The reason we’re not at peace with each other is we haven’t got a right relationship with God.

Fellowship: “I go down, incidentally, now and again, to a home in Dublin. That gentlemen in his home has a weekly meeting to which he invites people. I have been there and I have spoken at that meeting. When I was at that meeting I told them that I was a Northern Protestant and “if I say something out of place don’t be offended” because it would be through ignorance. Now at that meeting every single person there had a Roman Catholic background. I was able in my speech to talk about my Lord and my Saviour and to talk about my total confidence that at the end of the day if I have an accident on the way home, I’ll go straight up to heaven, because I can say like Paul “I know in whom I have believed and keep that which I have committed unto him against that day”. Now that is where I’m coming from as a believer and as a Christian. I’ll go down there with these men and I chat with them and we have the most delightful fellowship together. I know that the man of the house – who’s a prominent business man in Dublin – is a strong Nationalist. I’m a strong Unionist but we’re united in Christ Jesus.

Christianity: “When he tells me something he would like to see I sort of say “Oh well that’s all right” and when I tell him something I would like to see, it’s the same. That’s how it is. We have something that’s far stronger. When I hear people talking about Christianity and saying “Christians would do this” and “Christians would do that” – I see very little Christianity in politics or in nationalism or in republicanism or in any of these. In fact I see none in them. Because scriptures say “Thou shalt not kill” and there are killings. I’m not going to go comparing this killing or that tragedy. We could do that but I don’t think that’s beneficial.

Common denominator: “I was impressed with this group the last time I was here by how open-minded you all are and how ready you are to discuss things in a real friendly way. You listening to what I have to say without any aggro or unpleasantness and me listening to what you have to say as I do when I go and visit my friend in Dublin because he is a very strong nationalist. But we have one common denominator and that is the love for our Lord Jesus Christ. I believe, and I’m speaking here personally, if we were to concentrate on that and to become real Christians and have a relationship with God through Christ then I believe that a lot of our problems and all these arguments we have – I believe that nationalism would melt away. Again I have another group I’m involved with from the South. They come up to Belfast. There is one particular man in the group who I know is a very strong nationalist. I’m a very strong unionist and I’m not apologising for that but we have one common denominator in Christ Jesus. We have been assured both of us that whenever our last day comes it will be in glory. That’s more important than worrying whether we walk down Garvaghy Road. If we could trust each other – If we could come to the stage when we could say “there’s a decent fellow there ”.

I have just bought a business and during the negotiations I turned to him and I said “look are you a Protestant or are you a Catholic?” He turned to me and he said “You’ve paid me the best complement that could be paid to ask me that question. Because, he said I just want to treat everybody as equals, and he’s a great pal of mine. He said “I’m a Roman Catholic” and I said “that’s great – not a problem”. If I have a problem I can ring him up and trust him to give me the best possible advice and vice versa. Before I bought the business from him, he used to be on the phone to me every couple of months asking my advice and vice versa. I didn’t know what he was but he knew what I was because, and Fergus [McQuillan] will agree with me, I had a slightly higher Protestant profile. He’s a lovely chap – I haven’t talked to him in the deeper spiritual terms yet but I’ll be at him about that one of these fine days. Now that’s really all that I want to say.

Public holidays: “On the question of holidays, which Fergus [McQuillan] raised – the 12th and 13th of July aren’t the only holidays we have up there. We have Christmas, Easter, 17th March and May Day. Now if he’s going to argue for another holiday, that’s great, I’d be glad to get two more days off work!

6. Michael Doherty (Authorised Officer, Parades Commission)

“My name is Michael Doherty and I come from a lovely city called Derry. It’s a pleasure to be associated with someone who received the Nobel Prize along with David Trimble. He’s a fellow citizen of mine so it’s a pleasure to be here in this part of the world.

“I’m here to give my views as an authorised officer of the Parades commission. I come as a representative of the Parades commission, from the Authorised Officers Unit, and I don’t come as an individual, though I will give some views as an individual.

Impartiality: “You’re right about taking sides. It’s very hard for anyone in Northern Ireland not to have their own baggage. What we try to do in out work is to be impartial. Part of that impartiality is that we have to talk to people from both sides in the work that we do as authorised officers. I’ve been involved for eleven years in community relations work. I will speak to anyone anywhere morning, noon and night if it’s going to save another life. That’s how passionate I feel about the work that I do. Unfortunately not everybody wants to talk to me because I’m associated with an organisation that seemingly was set up by the government to do something that it wasn’t supposed to do in the first place.

Establishment of Parades Commission: “The Parades Commission was set up after a series of events that started in 1996 with the Drumcree issue… The cost of Drumcree was that there was massive public disorder across Northern Ireland, families had to be re-housed, the communities became more polarised – not just around the Portadown area – it spread right across Northern Ireland. The financial cost of the disturbances came to £30 million. I’m not here to tell you who did what. I’m here to tell you how it is and the way that it is. The Government’s response was not setting up a Parades Commission – the Government’s response was sending forth a Commission to see what can be done, and allowing the public to decide. What the public decided was this – the result was in the North report – 88% of those people who took part in the North survey wanted a negotiated accommodation on Parades; 79% said a binding decision should be taken in the absence of accommodation; 49% said an independent commission should be set up; 29% said the police should make a decision; 11% said the Secretary of State should make a decision; 6% said the judiciary should make a decision and 6% said others.

“In the North Report there were 43 recommendations and the principal recommendation was the establishment of a Parades Commission. So that was the Government’s response. The Government did not set up a Parades Commission, it was the people of Northern Ireland who set it up.

“The Parades Commission was established on the 26th March 1997. There was a chairman and 6 members which was increased by 2 by legislation. Now living in Northern Ireland, to get a body of people who are going to be totally independent is going to be difficult to begin with. It’s one of the things I wrote about before I got involved with the Parades Commission getting someone who is going to be impartial. They are courageous people who decided to put their heads on the chopping block to take up that post. Thankfully there have been some courageous people who have decided to do that.

Decision-making body: “Now within all of this the Parades Commission are now the legislative body that makes the decisions on Parades, whereas before it was the police who made the decisions, and they usually made the decisions on a public order issue. If you can think of the phrase that was used by Ronnie Flanagan whenever a march was pushed down the Garvaghy road. He said it was the lesser of two evils to let it down the road. When we talk about spirituality – what was he talking about?

Loyal institutions: “.. As far as the loyal institutions are concerned there is an Orange order, the Royal Black institution and the Apprentice boys of Derry. They would be the three main loyal areas that make up a number of people who have parades to celebrate their religious culture. Within that there is also another group of people that parade – they are bands and there are band parades nearly every week in some areas of Northern Ireland. There are also groups like the Saoirse group and other groups like the Ancient order of Hibernia and other institutions who have parades. And all those parades, whichever one it is, it is the Parades Commission who make the decisions.

Legislation: “Under the Public Processions Northern Ireland Act 1998, the key change would be that the Parades Commission takes decisions on parades rather than the RUC. They take additional factors in, not only public disorder but also disruption to the life of the community, the impact of the procession on relationships within the community, compliance with the Code of Conduct, the desirability of allowing a parade which has been customarily held on that route to continue to be allowed to do so.

“The Parades Commission is also required to publish guidelines and procedural rules, and a Code of Conduct for parade organisers.

Authorised Officers: “Part of my work is informing people on the decisions of the Parades Commission. I don’t actually take part in the decision making body. The Parades Commission is a separate body. In the Authorised Officers body we are responsible for gathering information and getting local agreements where we can. Now any of the areas that I have personally worked on will be the areas that I will personally speak on. I can safely say that we have gotten accommodations. The Orange Order has not spoken to us directly.

“The Apprentice boys in Derry have talked to us and in those areas where they have had their parades there has been accommodation. What I say is where we are in the business of having a difficult conversation with people around areas of parading, we can safely say that in those areas where people have talked there has been accommodation. Where no talk has taken place there has been no accommodation. When the parades commission are making a decision they gather that information and take an informed decision. They have to inform the public 5 days before the parade is going to take place to allow the people who may object to the decision of the parade to go for a judicial review . In any of the judicial reviews that have been taken place so far on a decision made on a parade, the Parades Commission have won the decision in the court.

Rights and relationships: “It’s not just controversy over parades. It’s an issue of rights and relationships. Nationalists want equal treatment and mutual respect and loyalists see concessions of traditional routes as surrendering territory. The conflict provides graphic evidence of the police providing unionist rights at the expense of nationalists’ rights. The RUC has been seen in the past by nationalist residents as a biased anti-nationalist force – blocking the route has become the most effective form of protest and the removal of the protesters through use of force has been a response by the police.

Banning/re-routing parades: “I want to just tell you that the Parades Commission do not and are not in the business of banning parades. The Parades Commission is in the position of trying to get parades ???through the areas at all times. On a factual account – 3250 parades have been notified to the Commission, because the Commission receives all notifications of parades in Northern Ireland. Very few of these parades are controversial.

“The local accommodation is the preferred option. The Parades Commission only re-routed 78 parades and, of those 78, the Drumcree re-route that takes place every Sunday night is part of that. So in actual fact there are very very few parades that have been re-routed if you look at the statistics, and it’s only a very small area where parades that are contentious have taken place – in about 10 areas in all. So they say parades are being banned all over the place by the Parades Commission. They have not ever banned a parade. They have re-routed them. The decision on Drumcree has been the most prominent and it’s still ongoing, and it may not be resolved in the near future. While people are deciding not to talk it is actually delaying the process as well. As I said there are more decisions reached in the city where I come from, where a loyalist group voluntarily decided to re-route a parade. So where people have decided to talk to people like me there have been decisions made and accommodation has been reached. As for me, I support anyone who asks me to speak to them about anything at anytime, anywhere, if it’s going to save another life. Thank you”

7. Dominick Bryan (researcher, Centre for the Study of Conflict, and author of four books on Parades and Parading Disputes):

“I’m going to be very brief … What I very quickly want to talk about is managing public order and dealing with disputes over rights which is what essentially we have to do in Northern Ireland. Back in the late 60s we failed to deal with disputes over rights. Civil right marches ended up in riots, riots ended up in “no-go” areas. No-go areas ended up in violent confrontations and we ended up with over 3, 000 deaths.

“The task this time round should be to manage public political expression in accordance with international standards to create an environment whereby communities do not resort to violence but rather they become more tolerant of a range of political positions.

“The Parades Commission will play a key role in that. Whether in it’s present form or in another form, but I’ll talk about that later.

“It is essential that whatever way we find in making decisions that it’s consistent and fair providing an institution which people feel they have a reasonable and proportionate access to their rights.

Access to public space: “This is not easy when there remains large inequalities in Northern Ireland in the access to public space. When one community attaches particular importance to parades, when the legal system in the UK remains totally inadequate for dealing with these disputes and when we as yet have no agreed political system up and running and when the police are perceived as a large part of the problem.

“In the next few years, however, in theory we will have new civil rights legislation, we will have a local democratic parliament, an executive, and we may have an agreed police service. The Parades Commission is going to have to negotiate it’s way through these developments and may get to a point where it is not required at all.

International comparisons: “The managing of public political expression in public space is a common problem for all societies but particularly those who hold dear democratic principles. In the main the task of facilitating and defining the rights of event organisers falls to three institutions in society – local and national political representatives i.e. local authorities or parliaments, the judiciary and the police.

South Africa: “In South Africa event organisers, police and local authorities form what is known as the “Golden Triangle”. … Put simply the local council in South Africa gives decisions on who should have the right to parade where, the police enforce the decision and they do so arranging things with the organisers. The judiciary take the appeals from people if they don’t agree with what the decision is. The power lies heavily with the democratically elected local authority and with the judiciary.

THE GOLDEN TRIANGLE [Diagram]

JUDICIARY

Organisers

Police

Local authority

“Many other countries have a similar system – Belgium has a system like that. In actual fact Scotland has a similar system also. Unfortunately in England, Wales and Northern Ireland the system has been historically different – local authorities had no power whatsoever. Instead most of the decisions were made by the police. And it’s difficult to find anywhere in the world which has a poorer legal system dealing with the sorts of problems we have, than the British legal system.

Parades Commission: “In Northern Ireland where we have ethnic conflict it came under all sorts of strain that couldn’t be coped with. So what was born was the Parades Commission. The Parades Commission find it very difficult to find legitimacy and popularity and the reason I suspect is this, it is not democratically elected, nor is it fully judicial so it’s a “bit of a mongrel”. It doesn’t carry quite the weight of a judicial body. If it were judicial, the Orange Order would have been forced to go along and deal with it.

Criticisms of Parades Commission: “People claim that it doesn’t represent them in any sort of way. So it’s been heavily criticised. It’s interesting to note where different groups have placed themselves with regard to the Parades Commission. The Orange Order has chiefly accused the Commission of being an un-elected quango that is not quite democratic enough like a local authority would be and have threatened to take decisions to court, although interestingly as yet they haven’t done so and I wonder why not if they’re so determined.

“What I find very bizarre about the unionist position is that despite claiming that the Parades Commission has all these problems, they still want decisions to be made by the police, yet the police are not elected and it is quite obvious the decision the police would have made at Drumcree this year.

“On the other hand residents’ groups have said the Parades Commission is not representative enough and have argued with some evidence that there is too much political interference.

It begs the question – what sort of decision-making process do people want in a society?

“I think that’s the question that needs to be asked over the parading dispute.

We know the systems that don’t work and with the Parades Commission we are trying a new system and in the main is the best so far.

“But we have to ask what sort of system do we want? Does one want local authorities or democratically elected bodies? If you want that then the Parades Commission could be more closely connected to the new Assembly. Personally I don’t think the new Assembly is up to making those decisions yet. Alternatively, make it a judicial body and forget about having three green people and three orange people and an Englishman in the middle trying to make the decision because we’re not very good at doing that.

“What I’m suggesting is that when people think of the sort of issues that we talked about this evening, I think people should ask themselves – what do they want in their society? What are the ways that they would like these decisions made? I know everybody’s been listening very patiently so I’m not going to say more than that.

SUMMING UP BY CHAIR (Fergus Finlay):

“We’re not going to have an awful lot of questions as we’ve run over time. Each speaker spoke openly and honestly .. My job now is to put what each of the speakers said into one sentence just to remind and stimulate you.

  • Fergus McQuillan started by talking about his own experience and he boiled down the issue into one about a refusal to talk rather than a refusal to march. He also made the intriguing point that there are only 2 public holidays and both of them, he seemed to be saying, are Protestant.
  • Orla Maloney talked from the heart of her experiences and that of her family, living as what she called a prisoner on one mile of road. She finished by saying that justice hurts nobody.
  • Roger Bradley when introducing other Orange speakers talked about the parades issue as a symptom of spiritual warfare, and about the struggle for Catholic or Protestant supremacy.
  • John Hunter then spoke trenchantly and very correctly to tell us that part of the problem in our understanding is that we simply don’t understand the importance of marching in the culture of the Ulster Protestant – a tradition which in his view is very much under siege and that’s something that exasperates the problem even further.
  • Ernest Baird described the issue as a problem of trust, and outlined a Protestant perception that this problem of trust is caused at least to some degree by the monopoly position and aspiration of the Catholic Church and it’s influence on it’s own people.
  • Michael Doherty then gave a passionate overview of the work of the Parades commission and emphasised the value of talking to the Commission in terms of reaching accommodations.
  • Dominick Bryan was perhaps less sanguine than Michael about the potential for success of the Parades Commission, although he did say it was an improvement on what had gone on in the past. His essential point I think was to establish a difference between the past and possible future structures and to pose the question – what sort of decision-making system do people want and will people respect?

Bearing in mind these thumbnail sketches, I’m going to throw the meeting open to the floor for questions.

QUESTIONS AND COMMENTS (edited summary):

Q1. [Garvaghy Road resident] – To John Hunter: “ I live in Garvaghy Road. You called us all republicans… I object to that. I’m not a republican, I’m a nationalist. I’m a mother and a grandmother. ..

CHAIR: “I think that was more a statement than a question. We’ll wait until you get a direct question and then you can respond to that as well.”

Q.2. [Ratoath resident]: “I would like to welcome the 3 Orangemen who came tonight. But I felt a sense of anger at Mr. Hunter’s remarks, in spite of myself. I come from a West of Ireland nationalist background. I’ve worked for a number of years trying to bring people together and yet I found John Hunter’s analysis very depressing. I found the religious analysis more in tune. I would accept the criticisms of the Catholic Church. But the siege mentality of the Protestant religion, especially those involved in the Orange Order, is the other side of that coin, if you like. If you read the oath of the Orange Order it is very offensive to Catholics and seeking domination. Both of those must go – then we might have a little Christianity.

Q.3. [Nuala McGuinness, Nobber resident]: “I would like to speak as someone who was brought up as a Northern Catholic and have spent half of my life there and the other half in the South. I have the advantage of having third level education both in the south and in a British university. I don’t take sides – I grew up with Ulster Protestants and found friendships with both communities. …

“I would suggest each community tries to get into the skin of the other community and I would refer you to the Derry poet who wrote “Behold the Sons of Ulster Marching to the Somme…”I went to that play two years ago. It covers a lot of points and the two points that struck me were that, 1) the young soldiers were from Fermanagh, and 2) they were from both Orange and Green.  The fear of the two was common, the fear of battle, the fear of death and the trust in God were common to both religions. I think there is not enough understanding in the South of the Ulster Protestant culture. Take James Galway. I don’t think anyone could point a finger at James Galway but to my understanding I believe he started his musical career in an Orange band.

“Mr. Baird spoke of driving home from Dublin and having an accident and if the Lord decided to take him he knew where he was going. The other day Bishop Magee, the former private secretary to Pope John Paul II, told a story on radio of how, after being shot, the Pope was lying there in blood and he said he wasn’t afraid – that he knew where he was going. We all have a common humanity. I’d like to compliment all the people here tonight – they’re all very sincere. As an Ulsterwoman, I see it from both sides.

CHAIR (Fergus Finlay): “Ernest, this is probably the first time you’ve been told of what you share with the Pope..”

Ernest Baird: “I certainly don’t share it with you, Mr. Chairman. You said that this is the first time you’ve heard anyone saying they’re sure of where they’re going. I’m certainly sure. If you were talking to thousands of Protestants in the North they could tell you they were sure as well, because that is the one great comfort of my faith, that I am in fact sure of where I’m going when the Lord calls me, irrespective of where I am. That is the end result. In the meantime, I have a concern for everybody. I would like everybody to have faith in Christ Jesus but as far as that’s concerned I find that my assurance is not necessarily a common denominator between people who describe themselves as being Christian. I won’t embarrass people in asking for a show of hands.

CHAIR: “I have just discovered the difference between a Protestant and a Socialist – as a socialist, I have my doubts on where I am going.

John Hunter: [In answer to the first question] “First of all, I have always regarded Irish nationalism and Irish republicanism as the same thing. They both seek a common goal. That’s the belief of Ulster unionists. I’m sorry my analysis made you angry, but if it makes you think – I’m glad. But I’m sorry if it depressed you.”

Q.4. Andrew Park [member of Orange Order]: “I have met Orla before and I can sympathise with her but I think the demonisation of Orangeism is not the way out of this. It seems to me that the Orange men have taken the blame for the last 30 years of violence in Northern Ireland whereas my community has been under siege by the IRA. Michael said that the Parades Commission came out of the North Report and was the result of an exercise of consultation. They didn’t consult with the Protestants. I’m chairman of Lisburn Community Forum. I’ve never been consulted .

“There is a play on words – banning and rerouting are the same thing. Take the Ormeau Road – on 12th July the Orange Order get down the road, on 12th August the Apprentice Boys didn’t get down – a smaller parade, 7.30 in the morning, why?….. Dominick talks about certain aspects of international law. I think one of the highlights of that is a right to assemble – we have been denied that right to assemble. There are a lot of things that angered me here tonight but I’m glad that people came out here to talk.

“Getting back to Garvaghy Road – I don’t think the Orange position is getting across. Orla talked about 40 parades from Easter to August – was it not true that 12 parades went through nationalist areas [in Portadown] in 1985? Today there is only one parade asked for to go down the Garvaghy Road – we feel as a community totally under siege.

“Some of the issues Orla brought up are social issues – I could highlight other areas within Portadown with these same social problems. She talked about high unemployment – but look at Brownstown and Kilicomain. That is something the Orange Order is not responsible for and that is something it cannot address. You’re putting all this baggage on the Orange Order, but I’m glad to be here tonight.

Q. 5. [Ratoath resident]: “I am an English Protestant, married to an Irish Catholic for 25 years. I’ve travelled the world. I’m absolutely appalled. I’m a very committed Christian. At the moment I have 1000 signatures for Jubilee 2000 to reduce the Third World Debt. There are people all over the world dying. And we fight and bicker in this country… my heart nearly breaks. We really have gone very wrong in this country. There is so much hate – if we could forget the past and draw a line under it and start again .. I know it sounds simplistic but where are our priorities, for God’s sake? And I mean for God’s sake.

Q. 6. [member of Irish Association]: “It is disturbing that the Orange Order is not talking to the Parades Commission. It’s alarming. I would hope that the nationalists who for so long were not listened to would have the openness to listen to what the Orange Order wants. The unionists are in a majority in the North, obviously not in the whole of Ireland, and we know that leads to the siege mentality, but it is alarming. I would ask the question – what kind of decision-making authority would you like to see regarding parades in the North? I’m directing this to John.

John Hunter: The Grand Orange Lodge of Ireland has taken the decision not to talk to the Parades Commission. It was established by acts of parliament, by government. It was not established by the people. The people on the Parades Commission are seen by the Orange and unionist community as NIO quango people, not representing particularly anybody, certainly not their tradition. If you had some sort of quasi judicial-type body that Dominick was talking about you could have forced the Orange men to go along and deal with it. You are not going to get people anywhere by trying to force something down their throats. There’s going to be no real progress in terms of this Parades Commission issue until it ceases to be a question of trying to force one person or another to either talk or not talk. Before you start getting any type of body to deal with the issue, you’ve got to get away from the idea of forcing the Orangemen to talk to a particular body. They are not going to do it. That’s quite clear from the Portadown situation. That’s the reality. We can’t get away from that point. Now we’ve got an assembly. We’ll have to wait and see if that body will work. If that body starts to work there may be some possibility that that body may be able to deal with it more realistically. At this stage we’ll just have to wait and see.

CHAIR: Just on a factual note, you do accept that the Assembly comes from the people of Northern Ireland?

John Hunter: Well there was an election in Northern Ireland at the end of June and the people elected the representatives onto that Assembly. That’s a legal fact.

Q. 7. [Navan trade unionist]: “First of all I would like to welcome our brothers and sisters from Northern Ireland very sincerely. I march once a year in Belfast – I march with Protestants and Catholics on May Day to celebrate Labour day – I don’t know who is what. As a trade unionist I don’t need to know what religion people are. The same work problems come up in both communities. They’re suffering from health and safety problems, they’re suffering from stress, all the issues we have to deal with here. Ernest spoke of doing a business deal and he had to find out the person’s religion. I’m not too sure what the relevance of knowing the religion of the other person is. I certainly would have no interest in what religion the other person was.

“I sympathise and share the sentiments of my sister over here who is concerned with the worldwide problems. There are great issues out there. There are issues which we can be jointly united on. There is a way forward. Certainly there is hope for the North of Ireland. I have my fingers crossed. I see unity in lots of other areas.

Q. 8. “I would also like to welcome all the people from Northern Ireland, especially the Orangemen, because it’s not often that people in the south get a chance to talk to Orangemen. But I was disappointed. I was looking for a chink of light, some hope from this meeting tonight that there is some way forward. John spoke about the realities as he saw it in regard to the Protestant perspective on parades, and we all have to agree.

”It is very difficult for people from a different community to understand. Let’s look at the realities of what happened in Northern Ireland on the ground this year. … You spoke about Gerry Adams and the statement he made in Athboy, but he didn’t dance outside Sean Graham’s booking office. That to me was one of the biggest catalysts in this whole deplorable situation. As Patrick Mayhew described it “it would have shamed a tribe of cannibals in Africa”. Obviously not very politically correct. The communities are not going to accept these marches – that’s apparent from this year. The British governments have shown a different resolve this year as well.

“The reality we saw on the ground in Drumcree is people skulking around shooting at the RUC. We saw the deaths of the Quinn children and the RUC constable. John, you spoke about the Assembly as a possible way forward – that’s the only chink you’re offering us. What is the reality for next summer? I’d like you to talk about that.

John Hunter: The Orange Order is not responsible for the deaths of the Quinn children or Constable O’Reilly.

Questioner: “I didn’t say they were. I certainly don’t believe that.”

John Hunter: “I didn’t find it particularly attractive to see people dancing or making signals to people standing on the Ormeau Road outside Sean Graham’s. I don’t find that particularly useful or attractive. The reality is that come next July the Orangemen in Portadown will want to walk down the Garvaghy Road and the Orangemen on the Ormeau road will want to walk back down the Ormeau Road. I doubt very much if residents associations on these roads are going to change their minds. So we’re back to square one. That’s the reality. I think that’s the only thing I can say with certainty what will happen next summer. I’m sorry that that’s not a chink of hope or whatever, I have to accept the reality. Over the rest of Northern Ireland, the vast majority of parades will go on as they always did, in a relaxed manner, with nobody passing any remarks, as a celebration of culture and nothing more.

CHAIR: Is it reasonable to infer from that, that you don’t see a role for the Assembly if you think we’ll be back to square one in the summer?

John Hunter: I don’t think people in those localised areas will really see beyond their own areas.

Q. 9 [Trim resident]: “I think scoring points off each other is not going to solve anything. Mr. Hunter is a barrister – has he anything to offer? Would he defend Mr. McKenna as a barrister?

John Hunter: “The position is the same in Northern Ireland as it is here. If you are a barrister and you’re given a brief, then you work on that case. If a client wants me to defend them, then it’s my duty to defend them to the best of my ability. I leave my politics outside the court. I don’t prosecute in criminal trials, I only work for the defence. I’m proud I can separate the two in my own mind when I’m working. I am not a supporter of the Belfast agreement with, I have to say, the majority of the unionist community in Northern Ireland. My personal view is that it won’t work and nothing is going to change my mind about that. I don’t think that fundamentally it’s going to work. Then you say what have I got to offer? I don’t know.

Questioner: “I thought you were a bit hard on Mr. McKenna [Brendan MacCionnaith]. Whatever he did he has done time for it.”

CHAIR: I have to make the point that Mr. Mckenna is not facing any criminal charges. It would of course be a matter for Mr. McKenna if he were to choose Mr. Hunter as his barrister.

Q.10 : [To Orla Maloney]: “In an open letter, the Garvaghy Road residents asked that Orange Parades be stopped for a certain amount of time. …. I’d just like to ask her does she ever envisage a time when the Orange parades and an Orange culture could be welcome into the Garvaghy Road?

Orla Maloney: Our bottom line has always been dialogue and that means that there are no preconditions. Nobody knows what’s going to happen. The results of the Assembly this year are testing.. Nobody would have believed that David Trimble and John Hume could have been standing on a table with Bono. All we want is to communicate, to dialogue, and we’ll see from there.

Q.11: Would Dominick elaborate on the origin of parading disputes?

Dominick Bryan: It is a civil rights dispute. The Orange Order has dominated public space – throughout Stormont it dominated public space. .. In Portadown for instance, my friend Andrew at the back talks about how they never had the right to a free assembly. There is only one community in Portadown that has never had the right to free assembly. That’s the Catholic community. For 150 years any demonstration or parade they tried in Portadown was stopped. Fundamentally there is inequality of rights to parade and demonstrate in Northern Ireland. Now I believe the way out of that is not to stop people parading but to try and develop a situation where everyone has equal rights. If everyone in Portadown has equal rights I would stand beside the Orange Order and say that they should go down that road, because if everybody had equal rights then there wouldn’t be power differentials between communities.

“I am equally concerned that Protestants in Derry retain their right to have demonstrations in their town. That is an equal concern to me.

“What happened was that people formed in residents groups felt confident enough to protest about something that in general they had felt quite unhappy about for a long time. I don’t think that people like Gerard Rice or Brendan are so brilliant that they can create this problem. Frankly I think that Gerry Adams – I’m not denying Sinn Fein’s involvement in things – but Gerry Adams is a politician and he made claims for his supporters, but Gerry Adams couldn’t create residents’ groups out of thin air either. I think it’s the result of a long-term process of disadvantage. The way out is to produce a system which justly treats everybody in the community to their rights of political expression.

Q. 12. [member of Drogheda Ecumenical Peace Group]: “I see both traditions have two sets of allegiances and a very heavy amount of baggage to bring with them, and I see a huge degree of orchestration of both traditions in the Drumcree situation. I don’t think it will inevitably be down to who is the best conductor of the set tradition. It has to come down to people being able to speak to one another. It has to come down to dialogue. I was taken aback to hear that if certain people were at the top table, we would not be allowed to speak. I feel that setting preconditions like that and setting obstacles is not the way, it’s not the way forward. I know John is in the hot seat tonight but I appreciate him talking.

CHAIR: I think he’s enjoying it!

Q.13 [Garvaghy Road resident]: “I have a question for John and Roger. First of all I would like to say that I am a woman who lives on the Garvaghy Road. I don’t want to put on the label of nationalist. Dominick touched on the inequality of parading, and I myself have witnessed Orangemen using umbrellas to hit people on the Garvaghy Road…That’s a misuse of a privilege, when even a Catholic band can’t get to march into Portadown. As to what Andy said about the deprivation in Portadown. There are areas which have deprivation. But the Corcrain ward is a designated deprived area that is part of Portadown. The statistics of unemployment etc. are much higher in the Corcrain Ward than anywhere in Portadown. They’re twice of what they are in Brownstown and three times what they are in Kilcomain. So that’s the situation, and it’s on top of what I just mentioned on parades.

“All of that is giving the message to me, and giving the message to my children, of what I am and who I am in Portadown. The question I want to ask is, of all that picture that I painted there, how can I as a Catholic woman living in Portadown tell you how your actions are affecting me if you won’t listen to me, if you won’t have dialogue with me? To actually build trust we have to have a relationship. How do I get a relationship with Orange men? I’d like to do what that lady said about drawing a line and getting on with our lives. I want to build trust. How do I do that if I’m not going to be listened to or I’m going to be dismissed as a republican or even a nationalist?

“You’ve got to tell me how you feel and I I tell you how I feel, and listen to how you feel, because I feel that Orangemen are in the situation this year that I have been in for several years.

Roger Bradley: “I don’t approve of the things you mentioned. All I can say as an Orangeman is that I’ve never witnessed that, but then I’m not in Portadown. In the parades that I have attended I have never witnessed that behaviour. But there’s no such thing as Protestant roads or Catholic roads. Northern Ireland is a part of the United Kingdom. We have public highways. I’m not talking about going through a housing estate. I’m talking about the main arterial routes that are open to everybody. We shouldn’t have to ask permission from different groups – “can we go down this road or that road?”. I take the point about going through housing estates. There is no mileage in the Orange Order actually routing its parade to go through Roman Catholic housing estates. Let us get that clear.

Irishness and Britishness: “The other thing is that I belong to a lodge that’s called the Cross of St Patrick. Our lodge reveres the heritage of St. Patrick. I’m not afraid to regard myself as Irish because I wouldn’t see Irishness and Britishness as being in conflict. I would see them as being inclusive. I don’t see why nationalism or republicanism has to be exclusive. Why can’t it be inclusive?

John Hunter: “First of all, on the dialogue: the major problem that I would see is that the Portadown Orangemen will not speak to Brendan McKenna, for the reasons I’ve outlined. Their whole perception of the people on the Garvaghy road is that basically it’s a group of republican-orchestrated troublemakers. That is a common perception. It’s how 1), you could break down that belief, and 2) how you could start breaking down believing that they want to stick you in a small corner or a ghetto. Take the St. Patrick’s Day parade. You can’t argue that it was the Orangemen who stopped you parading. It was the police who stopped you 300 yards from the housing estates…

Dominick Bryan: The mayor of Craigavon was actually demonstrating while the police stopped them. There was an election coming up. The DUP and the UUP were competing against each other to see who could get the unionist votes so they went out there and stopped the parade

Q. 13: [Cavan resident]: “This is a follow-up to Roger’s remarks about the inclusiveness of Irishness. The tricolour flies very prominently on lamp-posts in Garvaghy Road. But do we understand what the tricolour symbolises? It symbolises an all inclusive nationality of Protestant, Catholic, Dissenter and those of no denomination. The 1916 Proclamation has as it’s first resolve that all the children of that particular nation will join that all-inclusive nationality and must be “cherished equally”.

“It seems to me therefore that there is an obligation on nationalist Ireland, the republican movement and the residents coalition to face up to the implications of that resolve of the 1916 proclamation in relation to their obstructing the right of the Portadown Orange men.

“Two wrongs don’t make a right. It seems to me that is the way forward – to be magnanimous and defend the Orangemen’s rights. That would be honoring the symbolism of the tricolour flying on the Garvaghy Road.

“Could I ask this hypothetical question – if the IRA were to disband and the republican movement were to declare that “cherishing all the children of the nation equally” meant that political persuasion, armed persuasion, was a thing of the past and the only way our country could be re-united would be through mutual respect and mutual understanding. Could that be considered a noble aspiration? I know it’s a legitimate aspiration. It’s hypothetical, I know because the IRA are still in business, as it were. But if the whole republican movement declared a permanent ceasefire, could a united Ireland be conceived as a noble aspiration for nationalists and republicans to hold?

CHAIR: “It seems a bit unfair to put that question to one of the speakers at this hour of the night, but I would ask Orla Maloney to respond to the point on magnanimity on the part of the residents suggested by the tricolour.

Orla Maloney: “I spoke very early on and I didn’t get the chance to answer a host of things in the night that were said about trouble-makers, republicans, control, hi-jacks. I want to refute all of that. Nobody controls me. I am my own person. I have not been hi-jacked or used by anybody. Gerry Adams may or may not think that he had something to do with the formation of the residents’ groups. I know in the Faith and Justice group, that year I started phoning the Ormeau road to see if I could organise a conference on parading, as there was a problem. When I did not succeed in organising that I met with a Sinn Fein councillor from Lurgan and asked him could we have a conference on nationalism. We were in a cease-fire situation and I wanted to create dialogue. Now in my meeting with Brendan Curran from Lurgan we talked about an umbrella group for the issue of the march. Gerry Adams did not plan my part in this whole thing and I am not a trouble-maker.

“To the two women who spoke – about May Day and about other issues in the world. Let me assure you that the Drumcree Faith and Justice group is debating whether President Clinton had the right to bomb Sudan and Afghanistan, issues of hunger, issues of women in Afghanistan. Kosova is keeping me awake at night. You cannot, as a Christian, be concerned about one issue of justice and not about another. My brothers and my sisters are everywhere whether it’s Africa or the other side of Portadown or wherever. Yes, the part of the tricolour that stands for me is the white part. The part for peace. The part that has no violence. The people who went before us were Catholic, Protestant and dissenter, and they wanted an island free from violence, for peace in Ireland. That is my wish. That is why I have taken a stand to show my children the way forward in a non-violent way.

CHAIR: “I think that is probably a suitable note on which to finish and I would like to ask one question on my own behalf, and I will address it to Roger in his capacity as a member of the Education Committee – If the Meath Peace Group wanted to continue this dialogue in an Orange hall in Northern Ireland and wanted to bring people from the Garvaghy road into that dialogue, would you be willing to consider it and issue an invitation? Do you think that would be educative?

Roger Bradley: “I have no authority to do that. I think these meetings in this location are useful. If they were brought to Northern Ireland in an Orange Hall I don’t know what construction would be made of it by others. I would be hesitant in saying that would be possible. As I say I consider that this type of meeting to be useful.

CLOSING WORDS

CHAIR (Fergus Finlay): “It’s been a very long evening. It’s established to my satisfaction that even though there is a chasm of misunderstanding – and we have a better idea of the width and the depth of that misunderstanding – nobody here at this table has two heads, and I think everyone at this table will agree that nobody sitting down there has two heads. I would like to think this is a first step, if not a continuing step, between Meath people and Orange people. … I want to thank you all for your patience and courtesy throughout the evening.”

Julitta Clancy: On behalf of the Meath Peace Group, Julitta Clancy thanked all the speakers for coming, for speaking sincerely and honestly, and for giving up so much of their time. She thanked the audience for listening so patiently and particular thanks were due to writer and commentator Fergus Finlay for chairing the discussion and to the Columban Fathers for again permitting the use of their facilities for the talks.

She said that this was the group’s 4th public talk on parading and parading disputes. “We became interested after a group of Garvaghy Road women told us about their difficulties when we first met them in early 1994, before ever a residents’ group was formed. We invited Rev. Martin Smyth [then Grand Master] to come to Navan and he came and he talked and he listened.” The group then held two talks on the subject in Autumn 1995 – one from the perspective of the Orange Order, and the other from the perspective of the Garvaghy Road Residents Coalition. The 3rd talk was in 1996, and included speakers from the Orange Order and the SDLP. [Editor’s note: full reports for all three talks are available].

“Another area we have been involved in is monitoring parades for the past three years in Fermanagh, at the invitation of Enniskillen Together. We have seen some progress there, even though there hasn’t been dialogue. We have seen residents’ groups working hard to keep their protest dignified – we saw the work done by people like Fergus McQuillan particularly this summer. We met some members of dissident groups there – just a couple of weeks before the Omagh bombing. We saw the difficulty for residents’ groups in that situation, and we also saw the organisers of these parades keeping their parades orderly even though they knew there were dissident elements in the town.

“Again this summer we called up to our friends living off the Garvaghy Road, and we listened to their pain and their real fears. We also contacted people we had got to know in the Orange Order and we heard their concerns.. Andy Park said tonight that he was angry. ..We know he has sat through some very difficult and painful meetings, he has listened and he has talked to people who hold very different views to him. He has continued to come to meetings like this and put his point of view. There’s another acquaintance of ours in the Orange Order who felt so strongly that she actually camped in Drumcree this summer … Yet not long afterwards she came to a meeting in West Belfast organised by the NI Women’s Political Forum (a group of women from 7 different political parties in NI, who first came together in early 1996). At that meeting she and the other women from very different backgrounds – republican, unionist, loyalist and nationalist – felt able to talk frankly about their problems and concerns, including the parading issue. She recognised the value of dialogue, but she still felt she would have difficulties talking to someone like Brendan McKenna … “

“We have to move on. We saw all the pain that’s there, all the killings this summer. There are good people all over Northern Ireland who can provide a solution to this. I place my hope in the Belfast Agreement, for all its faults – and there are many faults and inadequacies in that Agreement. But it’s all we’ve got really. Let’s try and make it work….Thank you.”

ENDS

MEATH PEACE GROUP REPORT. November 1998. © Meath Peace Group

Compiled by Sarah Clancy, edited by Juiltta Clancy. Talk videotaped by Anne Nolan.

MEATH PEACE GROUP contact names 1998 (all in Co. Meath): Julitta and John Clancy, Batterstown; Pauline Ryan, Navan; Anne Nolan, Slane; Philomena Boylan-Stewart, Longwood Michael Kane and Paschal Kearney, An Tobar, Ardbraccan

 

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1998
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1998 – No. 29: “The Good Friday Agreement” – report
Posted by Cian in Public Talk Full Reports

29. “The Good Friday Agreement”

Tuesday, 5th May, 1998

St. Joseph’s (Convent of Mercy) Secondary School, Navan, Co. Meath

(Held in Association with Transition Year Class, St. Joseph’s)

Speakers:

Noel Dempsey, TD (Fianna Fail, Meath;Minister for the Environment

Nora Owen, TD (Fine Gael, Dublin; former Minister for Justice)

Cllr. Brian Fitzgerald (Labour Party, Meath)

Cllr. John Fee (SDLP, Newry and Mourne District Council)

Lily Kerr (Workers’ Party, Belfast)

Mary Montague(Corrymeela Community)

Chaired by Paul Murphy (Editor, Drogheda Independent)

Contents:

Introduction: Paul Murphy

Addresses of speakers

Questions and Comments

Thanks

INTRODUCTION:

Chair (Paul Murphy): “ I would just like to thank the Meath Peace Group for asking me to chair this meeting. I have known of course for quite some time of the Meath Peace Group and I have admired them from afar and this is an opportunity to get together and share some ideas. I have a few introductory remarks and I hope you will bear with me:

“…. Since the summer of ‘92 the Irish and British governments and the various parties in the North have embarked on a political talks process. It’s a process which tries to understand the other’s point of view. The only thing wrong is not that our relations have improved but that it took so long. For most of the time most of the people on these islands behave in a perfectly normal manner towards each other. We share the same culture, we share some of the history, we share a geography and we have similar institutions and similar ways of doing things. The antipathy in the Republic towards things British has undoubtedly eased in recent years even if it has not dissipated yet. Also, as was demonstrated very powerfully in the weeks following the Warrington bombings, the great mass of our people share a desire to bring about an end to terrorism and a lasting peace in Northern Ireland.

“There was no quick fix to the problem in Northern Ireland. If there was a solution it would have been acknowledged or discovered a long time ago. There is no magic wand. The principle behind the Anglo-Irish Agreement is democratic consent. Of course I know it is often maintained that Northern Ireland is an undemocratic entity athat the normal rules don’t apply. But the similar answer is that consent is more than just a necessity. It’s a practical one too. This incidentally is why terrorism is pointless as well as morally wrong. Terrorism itself will not persuade a million or so unionists or half a million nationalists to change their beliefs. Nor will it persuade British governments or Irish governments to abandon their polices or principles.

“In 1993, the then British Ambassador to Ireland, Mr. David Blatherwick, visited Drogheda. He said that as the authority responsible for Northern Ireland, “the British government had to ensure effective government there. In doing so, they sought to ensure that they operated an administration which recognised the special nature of society in Northern Ireland and which was guided by the imperative to provide fair, equitable and effective government for all.” Mr. Blatherwick ended with these words: “Our chief goal is the resolution of the tragic situation in Northern Ireland itself. Its people have suffered too much and too long. But there’s a wider issue that needs addressing – the “putting to bed” of the “ancient quarrel” as it’s called within these islands. The tragedies and complexities of Northern Ireland represent the final tangle in a long, shared history. The final tangle is always the hardest to undo.”

“I just wanted to repeat those words to you to remind us that we’re a long way down the road and that’s what we’re here to discuss tonight.

ADDRESSES OF SPEAKERS

1. Noel Dempsey, TD (Minister for the Environment)

“I would like to thank the Meath Peace Group for organising this talk – they have been to the fore in trying to bring about peace and reconciliation and have played a great role in Meath over the past few years.

Historic opportunity: “Speaking for the government, I have to say that the Irish Government believes that this Agreement offers a truly historic opportunity for a new beginning, for relationships within Northern Ireland, between North and South, and between Britain and Ireland.

“The Agreement itself is the culmination of two years of very intense negotiations, but in a wider sense it is the product of over two decades of closer partnership between the two governments. It was built on and drew upon the previous attempts that were made to forge some kind of settlement.

“In many ways the document agreed on Good Friday at Castle Buildings represents an accumulation of the wisdom and work of a generation of politics and politicians on the island. I believe that its value is all the greater and all the deeper for that. While great credit is due to all those who took part in the latter stages of those negotiations, it is also very important, as a member of Government, that we pay tribute to all those who were previously involved.

“We believe that the Agreement is fair, balanced and very comprehensive. Each party to the negotiations will undoubtedly find aspects to its particular liking and equally each will have difficulties with some part or other of it.

“Somebody said before the Agreement was reached that if any party walked away from the talks 100% satisfied with the Agreement, then the Agreement would be a failure – it would mean that somebody got everything they felt was necessary, and maintained their own position.

“If you want a very negative view of the Agreement – nobody was satisfied with it in the sense that nobody felt they had got their own way entirely.

Balance: “There is a balance there, and I think it is important when we’re discussing the Agreement that we should recognise that there had to be that balance – there had to be give and take on all sides.

Risks for peace: “The Agreement itself envisages a future that’s based on the acceptance of diversity and on the principles of mutual respect, equality and partnership. In the interests of peace and reconciliation all sides were required and are required to move from traditionally absolutist positions. We’ve all been asked to take our own risks for peace and make our own compromises in the interests of the Agreement as a whole. That’s what the people North and South are being asked to do on the 22nd May when they vote on the Agreement. The Government believes that in asking others to take such risks and make such compromises that we have to be prepared as well and be willing to do the same ourselves.

Principle of consent: “If I could turn briefly to the constitutional issue – in that section of the Agreement a new accommodation has been forged regarding the special position of Northern Ireland that’s based on the principle of consent. The centre of gravity as far as we’re concerned – of the whole issue of sovereignty and self-determination – has been shifted back to the people of Ireland. For the first time a precise mechanism has been defined and accepted by the British Government by which a united Ireland can be put in place or a continuation of the current situation can be maintained. The principle of consent is there and that principle of consent is to be exercised by the people

Constitutional change – modernisation of basic principles: “The British and Irish governments have committed themselves to incorporating this new approach into their respective constitutional frameworks. The specific changes to the Irish Constitution – to be put to the people for their consideration on 22nd May – represent a modernisation of our basic principles, not a rejection of them

Equality: “In terms of the new institutions being established, the whole focus is on partnership that is based on equality. There will be no going back to the days of domination by one community over the other. Currently the nationalist community in Northern Ireland are in a minority and we should be striving for a situation now where those that are in a minority should feel that they are equal to the majority. Equally, when and if changes take place, demographic or otherwise, that the minority community in the future will feel equally part of the community and feel equal citizens. That’s what we had to achieve in this Agreement, and I believe the Agreement will do that.

The focus on a new partnership is also at the heart of the agreed North-South arrangements and structures. The central importance of the equality agendais recognised in the Agreement – there’s a major section in the Agreement on human rights protection, social, economic and cultural issues, including the Irish language. There are measures to deal with consequences of the conflict, in particular in regard to the sensitive issues of prisoners and policingThere are major new initiatives in the crucial area of policing and the administration of justice.

Change: “If I could sum up the Agreement I would say the Agreement is about change – the whole theme about the need for change and a new beginning runs throughout the document. It was clear, I think, to all the participants in the negotiations that we just couldn’t go on as we had, and that change had to occur. It is true, obviously, as well, that different people had very different views about the kind of change that was necessary, but nobody disputed the fact that change was needed. We believe that in reaching this particular Agreement, the negotiators have set in motion the process of change which will be to the benefit of both communities and to the island as a whole, and to the relationships between east and west.

“Obviously over the next number of weeks it is up to the various parties to put their views across in relation to the referendum and to try and get a yes vote in both parts of the island. I think it would be a very foolish person to imagine that if a yes vote is secured on both sides of the border that the work is finished – at that stage the work is only beginning… Thank you”

2. Nora Owen, TD (Fine Gael; Minister for Justice during Coalition Government, 1994-1997)

“I would like to thank the Meath Peace Group for calling this meeting together. I hope that throughout Ireland and Northern Ireland many such meetings will be held between now and the 22nd May, so that people can put life into this document. It’s being dropped into every household – but it is really only through this kind of interchange and discussion that some of the issues you need to question can be addressed – and believe me, there are people, perhaps in this room tonight, who are concerned about some elements of this Agreement, and what I and the Minister and others have to do between now and the 22nd May is to convince people that this Agreement has balance in it, an Agreement that will work for all the people on this island.

Maturity: “I was struck when we went to debate the Agreement in Dail Eireann that the reception the Taoiseach got was very very different from the reception that Michael Collins and Arthur Griffith and the other signatories of the Treaty in 1921 got . I looked at the Dail Debates again. There was much heckling, much bitterness, much acrimony across the floor of the Dail when Michael Collins was explaining why he felt it was necessary to sign the Treaty. Bertie Ahern, thankfully, did not have to put up with that kind of acrimony from across the House, and in fact, by the time the lead speakers had spoken and by the time the rest of us got into speak there were very few people left in the Chamber and no media at all left. Now I’m not making that as a critical point. I’m just saying that it is an indication of the maturity, perhaps, of our democracy that all the parties in Dail Eireann were able to come together and support the Agreement as signed by the Taoiseach, Bertie Ahern, and by Tony Blair and by the people involved in the talks. I think all of us should be grateful to all of us as citizens of this island that we had reached that maturity, that we were not tearing each other apart and creating acrimony and dissension in the Dail.

“So if you didn’t hear what some of us said in the Dail, it’s not because we didn’t make a comment – it’s because by that time the main speakers had spoken and the media had enough lines to quote rather than stay in the Dail.

Triumph of people power: “I believe this Good Friday Agreement is a triumph of people power over violence – not just the people who were there at the end when the Agreement was signed, but all the people North and South, who over the last number of years came out and declared both publicly and privately that they were fed up, sick to the teeth, of the kind of violence that had been part of their community in Northern Ireland.

“The did that in a number of ways – they did it when the ceasefires came in 1994, they did it in their manifestation of anger when the ceasefire was broken at Canary Wharf in 1996, and when the new ceasefire was declared in July of 1997, there was a fairly muted acceptance of that ceasefire for fear that it would go the way the previous ceasefire had gone. But none the less people clearly spoke to their politicians, whether publicly or privately, and let them know in no uncertain terms that they weren’t going to put up with the return of the bomb and the bullet and the intimidation and the kind of life that many of them had to lead.

“It’s easy for us in the South to forget what life was like in the North – what became the norm for people in Northern Ireland. Parents couldn’t let their teenage children go on the bus into the city, go to the cinema, go to McDonald’s or wherever they wanted to go. That was not the norm in Northern Ireland for many many years ….. The norm now is becoming as we have enjoyed it down here – that people can let their teenage children out without worrying whether they have got caught up in a bomb somewhere in the city centre. They can let their teenage children out without worrying that perhaps they might be seduced into joining a paramilitary organisation, and they can let their children out without worrying that if they stay out overnight that they will be home the next day. That now is becoming the norm and the people of Northern Ireland made it clear to their politicians, both unionist and nationalist, that that is what they wanted.

Talks: “So when on June 10th [1996], I and others went to Northern Ireland to start the talks which eventually led to this Agreement, although there was still disagreement, a lot of disagreement around that table, there was a sense that people did want to reach some accommodation.We had a lot of difficulty at the beginning of those talks to get the unionists to accept Senator George Mitchell – but they did accept Senator Mitchell, and I felt that once the chairmanship of the talks had been accepted by the unionists, we were on the road, even if it was going to take the two and a half years that it did take.

“But remember, when you look at the history of Ireland,and remember that for 700 plus years we were under the yoke of the British (and I see at least one representative of the British Government here) – what’s two years between friends? It’s not that long really. I think we have to recognise that, with the frustration we all felt with the delays and the fact that sometimes it looked like the talks were going to break up, in the moment of history, in that little grain of sand for the last couple of years that makes up the history of these years, it was a very very small moment in history for us to have reached this momentous and historic Agreement on Good Friday of this year.

Need for overwhelming vote: “So all of us as citizens of this island must all take credit that you and us together urged each other on, we were not going to allow things to return to the way they were. That I think is the great success of this Agreement. And that is why I think that despite some reservations people will have about Articles 2 and 3, I believe people will overwhelmingly vote for this Agreement on May 22nd. And I hope they will overwhelmingly vote for it in Northern Ireland too.

“I can only make that appeal to anybody here in this audience tonight from Northern Ireland – that they will do what they can to make sure it is voted for by both communitiesin Northern Ireland. I don’t think it’s enough for a very strong nationalist vote – I think we need a strong unionist vote as well for this Agreement. Because if we don’t have that, the fear and the danger is that perhaps there will be a slipping back into the old ways and the old language.

Change in attitude: “What we are aiming for now with the passage of this Agreement is for a change in attitude – a change in people’s attitude to each other. The Agreement recognises that there are differences, recognises the aspirations of both the nationalists and the unionists, and nobody has to give up those aspirations, nobody has to relinquish them, on one side or the other. This was not a winners’ and losers’ agreement – this was a balanced agreement.

“But we have to hope that peoples’ attitudes will change and that they will say “OK, fair enough, that’s what you think, that’s what you like – well, sorry I would like to remain part of the United Kingdom, but let’s get on with it and let’s see what we can do to make, here and now, Northern Ireland a better place to live, let’s make our housing policy more unified, let’s make our schooling and education policy more unified”. We don’t have to keep on arguing that you’re a unionist and I’m a nationalist – we both have children, they need education – let’s see how best we can deliver the education.

Normal politics: “That’s why the north-south bodies have been built into this Agreement, and I hope that when those bodies are set up, we will see some normal politicscoming into Northern Ireland. The Anglo-Irish Conference has been in place, and I’ve sat many times at Anglo-Irish Conferences and saw how we generally concentrated on things political really until the last couple of years. I remember distinctly at one of those Anglo-Irish Conferences raising the issue of the fight against drugs, and after that meeting we all said “thanks be to God – we had an Anglo-Irish Conference where we actually talked about something that unifies us, rather than the differences between us.” Because people in the North were just as concerned about the growth in the use of drugs and drug-trafficking among their communities as we were here in the South. And so some normality came into our cooperation with Northern Ireland and the Ministers and officials there.

“So that’s what I hope we will see over the next few months when we have the Assembly elections, and then we have the Assembly in place, and the North-South institutions, and the East-West institutions made up of the British and Irish Governments. Where we can talk about environment policy, tourism policy, agricultural policy. That’s what this Agreement is actually all about – bringing that kind of normality into our politics.

Making history: “History is what we make it ourselves… You’re making history – this referendum will be talked about in twenty, thirty and forty years from now, in the same way that we talk about the Treaty in 1921. People will be asking “I wonder what people were like then – I wonder why they voted so overwhelmingly for this Agreement”, and I hope they will be saying that and I hope they will be saying “thank God they voted for that Agreement”. All of us together are now making history – and it’s sometimes easy to forget that. We think this is just something we are being asked to do. It’s not something we’re just being asked to do – it’s something that is crucial for us all to do together.

Treaty of substance: “Sean Mac Eoin said, in the 1921 Debates on the Treaty, that they brought back a “treaty of substance”, not a “treaty of shadows”. Well this treaty of Good Friday is a treaty of substance, not a treaty of shadows – a treaty which we must all read carefully . But it is a treaty of substance – it is real and will make a difference to all our lives. Who would have thought five years ago, even three years ago, even two years ago that the unionists would have sat down with Sinn Fein at any table? I saw the antipathy between the unionists and the SDLP (and the SDLP weren’t involved in any way with a party involved in violence), but now they are sitting down, or did sit down with Sinn Fein at the table.

Articles 2 and 3: “Who would have thought five years ago, with no disrespect to the Minister here, that Fianna Fail would be advocating a change in Articles 2 and 3? That has happened. Who would have thought that some members of Fine Gael and other parties would be advocating a change in Articles 2 and 3, because we all felt Articles 2 and 3 were precious to us and they shouldn’t be changed. But the language and the changes that are being advocated here are brilliant in their terminology and brilliant in the way they have recognised both aspirations and the reality of what Ireland is today, and what Articles 2 and 3 should really be today. They’re talking about the right of Irish people to decide which part of the territory they want to belong to and it’s also recognising what Mary Robinson talked about, the diaspora of Irish people who have gone abroad.

North-south bodies: “Who would have thought we would be talking of north-south bodies, with ministers of both governments, North and South, actually having the power to make laws and regulations that would have an effect north and south of the border? I certainly wasn’t thinking like that three or four years ago myself – I never thought we would see the day when we would actually be sitting down and doing things like that.

Sensitive issues: “What we are asking people to do is: read the agreement, to realise that peace does not belong to one community as opposed to the other. To realise that issues like and the decommissioning of armsare still issues that have to be handled sensitively, that are going to cause ups and downs in the Agreement and in the new Assembly as it goes along.

Prisoners: “There’s no simple answer to the release of prisoners – some people will think it’s absolutely essential, others will think it’s a disgrace. There’s a balance somewhere in the middle – some prisoners will have to be released.

Victims: “… If the Agreement is a bit weak and light on something – it is on the issue of victims. And I know there are some young men here who I would call victims of what has been going on in Northern Ireland for 25 or 30 years. There are some young men and women living in Northern Ireland who have never known anything except strife and division and anger and bombs. The only way they have known in their community to get what they want is to join in that kind of anger and strife. Those people need attention, they need help now to make the fundamental change to their own attitudes to their neighbours in Northern Ireland. I hope the sections in the Agreement about victims and about cross-community endeavours – I hope they’re not just pious aspirations. I genuinely hope that the government in Northern Ireland, the new Assembly, will make a difference in those two areas – without that we will not actually see full reconciliation. There is unfinished business – there are people like the IRA and Sinn Fein who will have to tell people where their dead relatives are buried – so that they can be given the dignity of a burial and people can get on with their lives

Encouraging people to vote: “There is still some unfinished business, but I think together, all of us, we can make a difference. But you here tonight do have a responsibility to ring up your friends and tell them they have to go out and vote – it isn’t enough to say “ah sure someone else will vote”. Each person in this room has to stimulate at least another five people who might not otherwise go out and vote – you’re the actual converted because you’re here at this meeting tonight. It’s not enough to feel “I’ve done my bit, I’ve read the Agreement and I’ll go out to vote.” You have to get some more people to vote – and I give that message to people here from both the North and the South. Thank you very much.”

3. Lily Kerr (Belfast trade unionist; member of Ard Chomhairle of the Workers Party):

“Thank you chairman Can I once again thank the Meath Peace Group – as usual they have always got their finger on the button. These meetings are important – it’s important that people come together to discuss these things.

“Although my party was not in the talks, I would have to add my thanks to all of the politicians and my congratulations to all the parties that were in the talks, and all the politicians that were there beforehand.

Agreement: “I think actually what amazed me and a lot of people was that there was an agreement, never mind the contents of what was in the Agreement, but the very fact that eventually an Agreement was able to be reached.

Strength of the Agreement: “We could nit-pick our way through the Agreement – there’s many things in the Agreement that I don’t like, that I have a problem conceptually with. Having said that, as a negotiator, I do know that you don’t get all you want when you go to the table. And probably in a perverse way the strength of the agreement is that didn’t get exactly what they wanted, because as Minister Dempsey said earlier on, had it come down in favour of one party or another then it wouldn’t have been fair.

Need for resounding “yes” vote: “Nora talked about the demand from the people in Northern Ireland, and in the south of Ireland, for talks. The people actually did lead the way, and that’s not to take away from the politicians who sat around the table and hammered out the Agreement. Now it’s back to the people again, and it’s not just down to the people in Northern Ireland – it’s down to the people in the south of Ireland as well We need a resounding “yes” this side of the border as well, because anything short of a resounding “yes” can send out a very very negative message.

Individual responsibility: “I don’t think we can afford to be complacent about this Agreement. We read the opinion polls, and I’m heartened by the opinion polls, and I see that 70% of the population in Northern Ireland and 69% of the population in the South will be going out to vote and they will be voting “yes”. That can have its downside as well because someone can suppose that everyone else is going out to vote I speak now as an individual, because there is collective responsibility and there is individual responsibility.

“Nora Owen spoke about parents. I’m a parent, I’ve got 5 children – the oldest is 25, he’ll be getting married in July. I want his children to know a peace that he didn’t know. My youngest son is 15. Nora spoke about people being able to let their children go out to the pictures – the cinema is not half a mile from me, but I couldn’t let my youngest go to a matinee on a Saturday because I was fearful that there would be a bomb scare or that there would be a bomb. I remember when the first ceasefire broke down I was quite annoyed – my older children were able to go to the cinema and go into town and I was damned sure I wasn’t going to allow anyone to take that away from me. And that’s the kind of spirit we need. We need individually to exercise responsibility.

“As I said, there are things as a socialist which I’m not happy with in this Agreement, but I have no right to put my high-faluting principles in front of peace. This won’t deliver an instant peace – it is a start, as Noel Dempsey said. For far too long in Northern Ireland we’ve had a democratic deficit with absolutely no accountability. Getting an Assembly means there will be accountability.

Normal politics: “When you take away the siege you take away the siege mentality and the one hope I hang on to is that this is the start of something, and then we can get down to normal politics, we can get down to discussing the social and economic issues that dearly need to be discussed in Northern Ireland.

Hope: “What this agreement gives us is not a panacea for all ills – it gives us hope and no one has the right to take that hope away from us.

Duty of Care to each other: “That is why I’m determined, and my party is determined, that we will be out knocking on doors, and if necessary I will knock on every door in my street and point out to my neighbours, though they might think I am lecturing to them, that they owe a duty of care to each of their neighbours and each and every citizen in Northern Ireland. I would say to you that people on this side of the border owe that same duty of care to each other and particularly to the people within the North who have suffered for thirty years. Thank you”

4. Cllr. Brian Fitzgerald (Labour Party, Meath):

“Thank you chairman – first of all I would like to thank the Meath Peace Group for organising this meeting. There is a considerable lack of such meetings taking place. There are meetings taking place from a negative point of view, but certainly there are very few meetings from a positive point of view taking place. Credit is due to the Meath Peace Group who have been toiling away for many many years now.

“At the outset, I would like to declare my position: I would ask people to support the Agreement because I think it is the only chance we have, and it is the only chance the people North and South have of ever getting back to real politics. We should have our discussions concerning aspects of the agreement because they are going to come up at the doorsteps, and during the debate which will take place, probably in an intense way, over the next few weeks.

Difficulties ahead: “It may not be as sound an Agreement as it may appear – it is highly aspirational at this stage. People shouldn’t think otherwise. The more you read it the more difficulties you can see. Obviously I see serious difficulties ahead, because when the referendum is held on 22nd May, and I would sincerely hope and pray that this end of the country will vote overwhelmingly yes, and indeed I’m quite certain that the majority of people who go out to vote will vote “yes”, my concern is, as has been happening down through the years with different referenda, that we have an extremely low turnout. That is a difficulty, because, as someone mentioned earlier, that would send a very wrong message to the people who have other ideas

“When the referendum is over, with a resounding “yes”, then the real work will begin – the Assembly elections will take place some time afterwards.

Duration of the Assembly: “It would appear that there is no timescale for the of the Assembly. I would hope that if there is an Assembly election that the Assembly would last at least 5 years to ensure that people will be able to settle in.

Executive: “There will be some difficulties with the setting up of an Executive to that Assembly. I don’t see a problem with the unionist party or the SDLP, but certainly if there are a considerable number of people from other parties elected, and there is a difficulty with some of them taking seats on an Executive, I can see long hard debates in trying to resolve those particular issues. People will obviously have to be very patient.

North-South bodies: “Then you have the Ministerial Council which will be set up between the Assembly and the Oireachtas – we do not know exactly what powers they will have or what powers they will be allowed to have, because it will require both the Assembly and the Oireachtas to approve what they are proposing to do. There are areas there which will take a lot of very hard work.

“I believe it’s going to need a number of things:

• It’s going to require courage– and over the last few months and weeks, people have been saying that various people had displayed courage. A number of people over the years have displayed considerable courage, none more so than John Fee who was prevented by what he would regard as fellow nationalists from carrying on his duties, and he bears the scars still. Yet he stuck with it through thick and thin, and it’s great that he is with us here tonight.

• We will have to be open – all the parties will have to be open to each other, after the election

• We will have to be honest with each other as well – all parties.

• Above all, we will have to be patient and they will have to be patient. Because everything is not going to happen over night or over the first year of the Assembly or over the first five years of the various ministerial councils which will be set up.

Hard decisions: “If we set up an Assembly and if we set up all of the bodies surrounding that Assembly, we have got to be firm, and very hard decisions will have to be taken, because nobody should be allowed to wreck those institutions once they are set up. And it means that hard decisions will have to be taken, both in the south as well as in the north, then they will have to be taken.

Principle of Consent: “The key to success for all of those bodies is for people to accept what has been enshrined in the Anglo-Irish Agreement, the Downing Street Declaration, the Framework Document and the Good Friday Agreement – that is the principle of consent – that has to be accepted. And if the people of Ireland accept that, which I believe they will, nobody has the right to overthrow or overturn that decision of the people.

Declaration that the war is over: “I believe the ceasefires have to remain in place – but I would prefer, and .. I do agree with Mary Harney when she said today, that the IRA has got to declare that the war is over. I believe that has to happen. I’m not talking about arms or ammunition because, as someone once said, “rust never sleeps”. I want to see them making that declaration if the people of Ireland decide on the 22nd. That is most important.

“The Agreement will be judged on its durability to withstand all the pressures that will come after. We saw what happened to Sunningdale – we do not want another Sunningdale. I do not believe you will have an Ulster Workers’ strike, but there will be other forces who will try to wreck it.

Potential: “The Agreement has a lot of potential – tremendous potential both North and South. During the 18 months to 2 years when I sat on the Forum for Peace and Reconciliation – and Noel and myself were there week in and week out – we had the opportunity to meet with various politicians from Northern Ireland and various community groups. We saw an experience – tremendous ability which was not being allowed to do what it wanted to do…. They had to deal with issues on a daily basis which were negative issues in many respects, whereas they should have been dealing with health and education.matters etc.

“I sincerely hope that those people elected to the Assembly will be at last given the opportunity to do what they wanted to do and were not allowed to do over the last 25 years. I think we will be surprised at the ability when it is displayed and we will all learn from them.

Changes to politics in the south: “In the south I also see changes in the whole political makeup. Nora touched on it slightly here tonight. For many years parties were divided because of the national question. The flag was pulled out in the course of general elections to maybe get the party faithful the bandwagon moving, but it did divide parties and we could all say, “for what?” I believe after May 22nd , that issue will no longer be there, and people will start looking at politics from a different perspective than they have been – maybe they will look at it from a left or right position, I sincerely hope that happens. Heaven knows what realignment we will have in the south after the referendum.

Encouraging people to go out and vote: “I would like to ask each and every person who has any influence to try and encourage others to go out and vote on the 22nd. It’s important that we have not just a “yes” vote but that we have a high turnout – ng equivalent to a general election , 70% at a minimum. We need that high vote to demonstrate to the people who have other ideas, and they are out there to wreck this process, but we should not allow them to do that. When it is accepted by the people of Ireland North and South, that firm decisions are taken to ensure that the people have their say which will be a “yes” vote on the 22nd. Thank you”

5. Cllr. John Fee (SDLP, Newry and Mourne District Council)

“Thank you Chairman, and thank you Brian for your gracious words. Can I also say thank you very much to the Meath Peace Group for inviting me – I have to apologise for the number of times I’ve been invited and I haven’t been able to come here and I’ve let people down at the last minute.

“Because I haven’t been here before, perhaps I’d better introduce myself. I’m John Fee – I’m 34 years of age, I’ve been an SDLP councillor for ten years in what they call “bandit country” – I was born and reared in South Armagh, in Crossmaglen. I still live there with my wife, I still represent it, and I’m very proud of the community I come from and the place where I live.

“I am also absolutely committed to ensuring that my community which has suffered so much for so long sees a lasting peace, sees justice, stability, equality and equity and has opportunities available to it that have not been available for so long. That’s why I’m going out on the doorsteps for the next three weeks, around my neighbours, my friends and everybody in what is termed “bandit country” with no fear whatsoever to go out and ask for a “yes” vote in this referendum.

“I took a look at the little document – the actual Agreement that you have – and I took a look at the glossier version of it that we have, and as far as I can see word for word, what you are being asked to agree or disagree on is precisely the same as what my neighbours are being asked to adjudicate on north of the border.

National self-determination: “I disagree profoundly with anyone who tries to say that all of the people of Ireland and its islands voting on the same question on the same day about how we agree to share this island for the future is not an act of national self-determination. It most certainly is. And it’s not only an act of national self-determination – it’s the first time we’ve been able to do it before – in a referendum it’s the first time ever, and it’s the first time in an election since 1918. It’s an opportunity, I believe, at the end of the century to put right some of the problems that we created at the beginning of this century.

“I actually believe this document is absolutely compulsive reading – everytime you read it there’s something more in it. But could I ask you to go back and read it again and read it in the light of two entirely separate agendas that are being pursued:

Political agenda: “There is a purely political agenda – setting up structures etc…. We’ve tried it in the past, this time we think we’re going to get it right. We’ve had assemblies in the past. We had the Sunningdale Agreement – why did it fail? It failed because the other elements of that agreement were contingent on a gentleman’s agreement – “set up your assembly and then we’ll look at a Council of Ireland or something like that later.” This Agreement doesn’t allow for one element to be put in place and the others to be left in abeyance.

“This Agreement requires the all-Ireland bodies to be put in place – their structures, their constitution, I presume their budgets and their modus operandi – to be up in place before the Assembly in the North of Ireland gets any powers.

“It also agrees that when those two things are done, the Council of the Islescan be instituted, all in one act, on one day, when the Oireachtas and the Houses of Parliament can agree.

“It actually takes the concept that “nothing is agreed until everything is agreed” one step further, and it says: “nothing is created until everything is created”. The target date for that to happen is, I think, February of next year.

“So there is an entirely political agenda – setting up structures, institutions, checks and balances and the like which will allow us on this island to govern ourselves without interference in a way that we agree, and we agree with our neighbouring island.

Suing for peace: “There is a second agenda and it is the most difficult agenda. For thirty years in Northern Ireland we have been prosecuting a war. Indeed in the politics of the Republic of Ireland since 1920 on there has been Civil War politics. If we can get this agreement between unionist and nationalist, between north and south, between the British and the Irish for the first time ever, we will be suing for peace – the type of peace we have never had before, the type of inclusive arrangement to which we can all subscribe, offer our allegiance, offer our support and can work together for the stability of our country and the prosperity of our future and the like.

Difficult questions: “It’s in the suing for peace that we have many of the really difficult questions and they are questions that have to be answered north and south. Letting people out of prison – morally an enormous question. If to sue for peace we have to do that, I believe it is right. Removing all the trappings of war, reforming the RUC, introducing the European Convention on Human Rights into domestic law north and south, building in protections for the individual citizens on this island. If those things must be done, then they must be done and they must be done quickly.

Articles 2 and 3: “In the whole area of suing for peace we are being asked how we define ourselves. We hear a lot of concern about Articles 2 and 3. I never heard about Articles 2 and 3 before Chris McGimpsey and his brother went into court down here. I didn’t hear anyone getting up on soap boxes saying they were necessary for the protection of nationalists in Northern Ireland. I didn’t see anyone saying they were a defence against some of the injustices by the State north of the border. I can’t see any way that Articles 2 and 3 have actually provided protection for me as an Irish nationalist who happens to live in the North-Eastern part of this island.

New Articles an improvement: “But I have read the proposed new Articles 2 and 3. I know the calibre of the people – and there are three of them sitting at this table – who, on the Irish Government side over the years, have used their creativity and their imagination and their intelligence, and have used their collective genius to come up with an improvement on de Valera’s Articles2 and 3. I believe it is an improvement. I believe that nationalists in Northern Ireland for the first time will see that in the Constitution there is an entitlement to Irish national citizenship which did not exist previously in the Constitution.

“When you hear people saying “it’s a sell-out”, or saying “we can’t do this”, I would ask you to remember that this is an improvement on what existed before. And I would ask you to go out to your neighbours and family and quite confidently say: “listen, life is improving, this settlement will deliver for all of us”, and just ask them to vote “yes”. Thank you.”

6. Mary Montague (CorrymeelaCommunity)

“I just want to say thank you to the Meath Peace Group who invited me down. It’s a privilege to be here and I’m very much aware of the work the Meath Peace Group has done in helping to secure the situation we have now where at least we have a political agreement.

Corrymeela: “ Corrymeela is a community that dedicated itself to reconciliation. It actually started in 1965 before the present “Troubles”. The whole ideas was that we ourselves are a group of Catholic and Protestant people, and we would walk side by side through the feelings that we have living in the North of Ireland, in a divided society. And that that perhaps would help us understand how we can relate to people in the wider sense and help them find ways of securing some kind of peace and reconciliation. My remit, my work, is classed as being the family and community work coordinator. And it’s really a privilege because I have been given the chance to walk alongside groups. I say walk alongside, because these are groups of people who could be classed perhaps as working class people, but they are my people, for I come from Andersonstown in West Belfast – a little bit like “bandit country”.

Interface: “The people that I work with live on the interface areas – and we refer to interface areas in the North when we’re talking about where the Protestant and Catholic communities actually live beside one another and are divided by walls, or out in the rural areas where they are divided by a river or by a road.

Prisoners: “Along with those interface groups, I also work with prisoners’ groups, and especially those groups that are helping released prisoners to re-integrate into our community.

Front line of war: “So I class our people not as working class people, but as the people who have lived at the front line of the war. And what does that mean? It means that we are the people who carried the coffins, or walked behind the coffins, and we didn’t do that because there were cameras there and politically it would be nice to be seen at the funeral. We did it because the people in those coffins were our relatives, or they were our friends or our neighbours.

“Just as we carried the coffins we also filled the hospitals. We filled the hospitals with injured people. We also filled those hospitals with people who have suffered from stress, because you also suffer from stress if you live at the front line of a war.

We also filled the prisons – and why did we do that? A lot of the people who filled the prisons from our community were victims, not because they were imprisoned, but victims before they were perpetrators of acts of violence. They were hurt people who reached for the gun or the bomb – they were people who felt injustice, who felt frustration and turned to violence to release that frustration.

“Just to give you one idea of what I mean in statistics. There is one street in an interface area – it has 24 houses and every house has lost a member of their family through the violence. I have with me a mediator from an interface area – Mickey Doyle from the Limestone road. Where Mickey lives, within a mile radius of that area, there have been 653 deaths. That’s the concentration of suffering that has happened in the North of Ireland.

Security: “Of course alongside violence you get a security response. So my people are the people who have suffered from the vicious circle where security was tightened, where the police would move in as robo-cops with heavy vehicles, not taking prisoners. And they suffered from that as well – one violence fed into another.

“And there was deprivation and unemployment– because who is going to build a factory in the front line of a war?

Survivors of trauma: “A lot of people at the moment are talking about victimsand speaking of victims. We don’t look upon ourselves as victims – we are the survivors of trauma. We have been brought to our knees, but we have stood up and we have looked around and said: “no one is going to do anything for us unless we start to do it for ourselves”. So there was a growth of community groupsin the interface areas. And those community groups looked at the needs of the people in the area and how to address them. And beside that, they went to paramilitary organisations and they began to lobby for an end to the conflict. the peace process didn’t start with politicians at the top of the political pyramid. It started at the grass roots – it started with ordinary people taking a lot of risks.

Good Friday Agreement: “So what does the Agreement mean to the people that I work with? It’s strange that on the day we heard there was an agreement – on Good Friday – there was no euphoria. And I think it was a little bit that people were shocked. But I also think that even over the weeks that followed, people realised there was a sense of loss in this Agreement. Because this is a see-sawand it’s very difficult to balance a see-saw. So the nationalist and republican family of my community felt the loss of their dream of a united Ireland happening very shortly down the line. Equally the unionist and loyalist family that live within my community recognised that there was not going to be a return to the Stormont government and that they might well have to accept these north-south bodies.

“Even though there was no euphoria, generally there was no great outcry. Because people realised that this was a balanced agreement and at least it offered them something – the first step towards a better quality of life.

“The previous speakers have all mentioned each of the different strands of the Agreement – that if you were British you were being recognised and respected as being British. Equally if you felt Irish you were being respected and recognised as being Irish. That we do have these changes to the Irish Constitution which is helpful. That we have our North-South bodies, we have our British-Irish structure.

“But I think for people living on the front line of a war some of the most important things came when we began to see that there would be a Bill of Rights, and economic rights, because people who are unemployed seek employment. And with security and policing,it wasn’t just the Catholic or nationalist or republican areas that suffered from heavy-handed policing – equally so did my loyalist and unionist friends. And the fact that that is being looked at is a plus for people living at the front line of a war. And the review of the criminal justice system– the prisoners I have the privilege of working alongside, all went to prison by facing Diplock Courts, and there is no justice in Diplock Courts.

Victims: “And of course there are the victims. As a victim – my family lost a family member – I am so tired of hearing different politicians speak for me. It has actually opened the wounds my family feel far deeper than they were ever opened before.

“I have not the right to speak for all victims – no one has the right to speak for all victims. One of the things I have had the privilege to do lately was to be with Sir Kenneth Bloomfield who was talking to groups of people who had lost relatives. Within those discussions it became very clear that people didn’t want a monument to the person they had lost. They wanted to be treated fairly – they wanted financial support, and they wanted the resources to help people through the trauma that they had been through.

Prisoners: “And when we talked about prisoners, the biggest majority agreed that the greatest and most wonderful memorial we could have to our loved ones is that there is never going to be another victim. And prisoner release is something that should be considered, though it is painful for some people.

Decommissioning and demilitarisation: “There is also decommissioning – and there is a word called “demilitarisation” which is associated very much with the Sinn Fein party. Demilitarisation and decommissioning do have to be considered, but not one without the other. Because we have a number of children and teenagers living at the front line of the war who have been badly injured by the use of plastic bullet rounds. We have very many military establishments, especially around the bandit country and in West Belfast, which cause a great deal of stress to the people who are living there. Only last week I was talking to someone in the loyalist side of Belfast who was saying that the young people can’t even play at the moment because of the situation that needs demilitarisation.

“No” campaign: “At the moment up north we are hearing a lot of people who are shouting and saying “no”. They are saying “you can’t talk to certain politicians”. What we say is “you have to talk”. If we did it at the grass roots level before there were any kind of ceasefires, then our politicians must take the responsibility of talking and talking with all politicians

“To those who are crying at the moment: “blood – we will spill our blood”, I want to ask, “whose blood are you going to spill?” – because my community has had enough blood spilt. They are crying about “fighting the final battle” – the very prisoners that I work alongside have already fought battles and when they became prisoners, those same politicians ignored their needs and the needs of their families.

Alternative: “And what is the alternative? – that is what Corrymeela has to ask those people. “What political alternative do you offer the people in Northern Ireland?” Unfortunately the alternatives that have been offered are a return to division, a return to politics that isn’t about equality. And the whole root of the war in Northern Ireland is about division and because of inequality at a political level.

“Therefore really what they are saying is the alternative is a return to war– and that’s both the extremes of republicanism and loyalism.

Voting “yes”: “I have a thousand reasons why I’m going to vote “yes” – and I’ll tell you the story of one of them. Within the community, I have worked with a number of children, and one of them is a six year old boy from North Belfast…. Because he was suffering from trauma – not recognised, the school just recognised him as being a child with difficulties who couldn’t concentrate and caused a lot of difficulties in the classroom. And he was referred to me….

“During one of our games – one where you could pretend to be whatever you wanted to be and wherever you wanted to be – this little boy said “I’m God – and I’m going to take all the blood that has spilled out of people and I’m going to pour it back in… because if I can do that then my friend’s daddy will be alive again.” (His friend’s daddy had been shot about two months before this). And he said “my friend will come back out and play and he will stop crying”. One of my jobs, unfortunately, is to rationalise an adult situation in a child’s mind. So I had to say to him, “but sweetheart you’re not God and neither am I, we can pray, and God will help, but He also expects us to help ourselves. What do you think we can do?”

And he said “we can go Mary to all our Catholic friends and tell them to stop fighting and then we could get [and he mentioned a co-worker’s name] to go to all his Protestant friends and tell them to stop fighting. And then we could get them to talk and become friends and throw all the bombs and guns into the sea.”

“That was profound wisdom, yet that story I have heard over a thousand times with children who have suffered trauma. A profound wisdom about peacemaking that unfortunately some of the adults in our society don’t seem to have, especially some of the politicians.

“Really this Agreement, this referendum, gives people both north and south the chance of voting and working in partnership with my community – those that have lived at the front line of the war – so that we may all have a better quality of life.

Constitutional change: “And I recognise that for the people in the south, there will be a certain grief – that there is a loss in changing the Constitution, but I’m asking you to enter into our grief, into our loss and do that.

Celebrating diversity: “This is only a political agreement, is not a peace agreement. Because peace isn’t about a political agreement, and it’s not just about ending the violence. Peace is about working together, about accepting one another, and as we say in Corrymeela, it’s about celebrating diversity. So this is a chance for us all to celebrate diversity. Thank you.”

QUESTIONS AND COMMENTS (summaries only)

Q.1: On the 22nd of May, apart from the referendum on the Peace Agreement, there is another referendum in the South [on the Amsterdam Treaty]. Why hold the two on the same date?

Noel Dempsey, TD: “ I think I would be speaking for everyone in saying we’re very much aware of the importance of the referendum on the Peace Agreement to the people North and South. I think the second referendum on the Amsterdam treaty is also of importance to the people of this island North and south as well. Neither I nor the government perceive any difficulty in having the referendum on the same day. It’s done on a fairly regular basis. I think it might help to focus people’s minds not just on the Ireland context but we are a part of Europe and I think that both referenda are important for the future of the country and I don’t think anybody is under any illusion about that and under any confusion about it. ”

Q.2: Frankie Gallagher [from East Belfast Post-Conflict Resettlement Project who had come with a group of loyalists to the talk]. “… One of the things Bertie Ahern has said, which was probably part of the confidence building that Tony Blair has been doing, was that he was there to protect the nationalists in Northern Ireland. If there’s a Yes [outcome] does he not realise, or do his ministers not realise, that as well as buying into the good you’re buying into the bad? – you’re buying into the fact that you’re going to have to help protect the national aspirations of Unionists and Loyalistsas well. You can’t take angles on it and say I’m going to represent this side …. Would you think that you have to be there being the guardians in the future of people’s national self-determination as they perceive it?

Noel Dempsey: “Certainly I won’t speak for all the parties involved here but I will speak for Fianna Fail. We’ll never make any apologies for feeling that we had – and I think that goes for Irish governments in general – a role to play and a very strong role to play in giving a voice to the nationalist community, to try and represent to the British government the views of the nationalist community in Northern Ireland as we saw them.

.. “I think we would equally see that once this Agreement is passed by the people of Ireland, that our responsibility is to the Agreement and to every thing that is contained in that Agreement, to the aspirations that are contained in it, and to the actual practical considerations that are in it, from a nationalist point of view and from a unionist point of view. That includes the right of the unionist community, or people that are not necessarily unionists but who believe they are British citizens and want to remain so. So to reassure you on that track – the Irish government will be fully committed to the full implementation of the Agreement and to the protection to all the rights that are there. And I think the question is a very good one and one that I can speak for all parties in the South. We will be totally committed to ensure that it is fully implemented.

Nora Owen: “ I believe that Frankie has touched on something that perhaps has happened since the Agreement. With the availability of the media now there is no privacy any more about speechmaking and statements and I think all sides both British and Irish governments, unionists and nationalists, must be conscious that there is no private audience that they can speak to and make a statement that won’t get coverage on the national media and international media. So we can’t speak to a private group and say something that is for their consumption only and not expect the other side to hear it. So unionists who say this Agreement strengthens the Union, and nationalists who say this is a stepping stone to a united Ireland have to be conscious that that type of language will have to cease and they will have to recognise that the Agreement is a balance of both. …. Those who make statements have to be conscious of what they’re saying. Already since the Agreement there have been statements that I don’t think helped but I think people have learned from them. .. I think during these weeks up to the 22nd no matter where you are we’ll have to all get ourselves into a mode of delivering our thoughts that does not antagonise one side or the other. And that’s part of the sea change we’ve got to just face up to and I think Frankie’s point is a relevant one.

“But equally could I remind people of what the IRA said in An Phoblachtrecently, and that is very worrying – they have indicated they are not going to take the democratic vote North and South as meaning what we think it means and that they have no intention of ever giving up their arms. Now those are statements that do worry me very much and worry my party very much and I hope that those who have any influence on the IRA will let them know that those kind of statements are not helpful in getting people to vote for this Agreement.

Frankie Gallagher: “One of the reasons why I posed that question was because any reasonable person within this island, whatever their aspirations, will have to recognise that we have to become guardians of each others rights In protecting each other’s rights you’re by and large protecting yourselves – and until everybody gets to that stage I don’t think there will ever be peace but I think we are getting to that stage.

Lily Kerr: [On the point made about the IRA statement in An Phoblacht]: “People North and South have to make it perfectly plain to the IRA, and to Sinn Fein who have some influence on them, that you cannot actually claim to represent the will of the Irish people and then, if that will does not coincide with your own will, ignore it. There is actually no turning back and I think we have to be very plain and very straight with that.”

Frankie Gallagher: “ I think the violence as well has reinforced division. It’s probably driven aspirations of unity further away and I think the Worker’s Party realising that violence was not going to achieve unity was very forward thinking.”

Lily Kerr: “Could I just make a further point on what you’ve said from a Worker’s Party point of view? I am a republican as well as a socialist and I believe passionately in a 32-county socialist Republic. Unfortunately the violence has ensured that a million Protestants who have been bombed over the last 30 years aren’t going to be eager to be cajoled into a United Ireland. I am now actually convinced that I will never see my aspiration fulfilled because of that violence.

Q.3: [Re the time-frame of May 22nd]: “I don’t think it’s long enough in order to teach the lay person to put in their minds what the Agreement actually means. It’s OK for people with some sort of education to take out bits and read it, but I know for a fact ordinary people won’t read it. … I believe that a process of education should be put in place by all parties responsible for the Agreement, both North and South. I don’t believe that people in the South understand exactly what the Agreement entails. I think May 22nd is too short a time frame.”

 Speaker from floor [agreeing with the last speaker]: “I’d be very concerned. There’s general apathy. I was in Dublin yesterday and there were a few posters up with Bertie Ahern signing something “Vote Yes for Peace” and speaking to my neighbours and friends, they don’t know anything about the Agreement, they haven’t even looked at a copy of the Agreement. I’ve been giving them out all week – people didn’t have them. So I’d be very worried – after all these years in Northern Ireland and all the violence.”

Frankie Gallagher: “There’s a lot of apathy and uncertainty. People are confused and people are fearful… We’re either going to get an apathetic voter or we’re going to get one that is totally scared out of their wits and is going to vote No.”

Cllr. John Fee: “ I just want to make a personal comment about this. On Good Friday, having been awake for almost 14 hours, we got called into the room and many of my colleagues and people from all over the SDLP had flocked down to Belfast to pick up on what they thought was going to be an historic day. (And I have worked by the way for 11 years for Seamus Mallon and over many years have from time to time had the task of meeting loyalist leaders and putting them in cars and taking them to have meetings with Seamus Mallon that no one could possibly know about, taking place in very hazardous situations.) In the room where the document was being signed I looked around … and I saw Gusty Spence and David Ervine, Billy Hutchinson and another loyalist leader who was convicted of being involved in the killing of an SDLP senator in the 70s

“And I looked around and I saw Gerry Adams, Martin McGuinness, Martin Ferris, Gerry Kelly – and I was counting the amount of jail time that had been done by people around that table and then we had a rapid run around the table and so many people signed up to the Agreement from every possible section of the community. Wouldn’t it be an awful tragedy if the people in the North of Ireland with all the trauma behind them, turned around and voted “Yes” and people in the Republic of Ireland just don’t bother. That’s our biggest fear…”

Q.4. “…. I do not condone violence – I have been out of Ireland and spent many years in Pakistan and the Philippines and I have seen what violence does. But also I think to be fair, as it says in the Agreement, there should be an equal demilitarisation not just from Sinn Fein and the various other elements there but also from the Loyalists and other groups. That has got to be discussed. Not enough has gone into it….

Mary Montague: “The loyalists think it impossible to think of decommissioning before the republicans have decommissioned. I think the republicans and also many loyalist groups think that demilitarisation is something that has to be considered as well. It’s a vicious circle. As for victims, the most merciful thing that happened to my relative was with a trigger after the terrible torture that he was put through before he died, and he was only thirteen years of age. So I wonder how you can decommission arms and cigarettes, and part of me thinks that decommissioning is about decommissioning feelings and sectarianism and a token gesture is needed of decommissioning arms. I would agree to it but I would also want it alongside demilitarisation because I think the justice for me is very important and there are a lot of people in my community that have been hurt by the security forces as well.

Lily Kerr: “Just to follow on from that – I think that most normal societies are entitled to have a police service that’s not sort of along the lines of paramilitary forces and to take the point that Mary’s making, I think we do need some form of decommissioning. I will make another point as well – punishment beatings– we’re going to have to decommission baseball bats and iron bars as well… We have to get the message across to all sides that the armed struggle is now no form of political expression – that people cannot solve political problems through the barrel of a gun. All the guns have to go from our society and then the paramilitaries are going to have to find a new reason for saying they want their guns to rust or they don’t want to hand them over. Because as a natural progression of this agreement there will be reforms within the RUC – possibly evolutionary as opposed to revolutionary – in a sense it will take the gun out of the so-called military side of it and then the paramilitaries are going to have to keep peace with that. … People can be very disingenuous, especially those in the No camp, and they are putting this about that the police are going to be stood down etc. and how can we sit around the table when people have guns under the table. … I think it is a big, big issue and we can’t duck it or hide from it, its going to have to be faced up to sooner rather than later.

Q.5. – Julitta Clancy: “We in the Republic are part of the problem and part of the solution as well – and we don’t often realise that. Our own group has been going now for five years and we have received tremendous support locally …. but we’re battling against [some elements in] the media and against people who don’t think that the role of ordinary people is important at all. Yet we have seen changes coming about just having people talking together. … Noel Dempsey and Nora Owen were talking about a new mode of thinking and I would agree wholeheartedly with that – we’ve all got to get ourselves now into that new mode of thinking which Frankie put so well. We all have to be guardians of each other’s rights – that’s a revolutionary idea, but how do we get that across? We in the South seem to be all for peace but when you scratch us there are barriers and prejudices – we think we’re for peace but we often don’t understand what we have to do. The Forum for Peace and Reconciliation did wonderful work, but they lost a glorious opportunity to go out to the country and start focusing people’s minds on how we have to change. We all have to start changing our mode of thinking … We’ve got to start thinking and bringing about change in our society and it’s not going to be so difficult. As John Fee said about Articles 2 and 3 – I never heard about them until Chris McGimpsey brought that case and then I opened the Constitution and discovered a whole lot more things wrong as well. The proposed new Articles are a liberating thing for us but we’re hearing negative voices all the time. How are we in the South going to get ourselves into this process and work to understand people from different points of view and aspirations? There are not enough people working at it. ”

Q.6: “ I’m actually from Belfast myself and I’ve been living here for eighteen years. And something just struck me – that man is from East Belfast and I’m from the Falls road and I’ve never consciously sat in the same room as a man from East Belfast. That’s a fact and I think, or I hope that with this Agreement there will be more people sitting in a room consciously and that they will forget about whether they are a Catholic or a Protestant because I think that’s part of the problem, we don’t know each other. I’m very emotional about it. I think it’s very sad, that people have died that I know and I’m sure this man as well. I think certain politicians in the North have done a disservice to their own people by not facing the issues properly and not bringing the people together and just extending their friendship … and forget about all the nonsense. …. I personally would like to see just Peace. That’s all. Just peace. Respect for each other.”

Q.7: “ I would like to commend the three men from East Belfast because they overcame their fears, their mindset to come here”. ( Round of applause.)

Q.8. Rev. John Clarke (C of I Rector, Navan): “ Obviously I am very impressed with this forward thinking and this all-inclusive language that has been used this evening. I suppose my concern is what happens to the fringe elements, those that are not prepared to let their personal aspirations be absolved into what’s happening and the outcome. What would the situation be for those who will not be part of what’s going on and who will still look to the bomb and the bullet on both sides of the divide? That gives me great concern.

“In regard to the time-frame of the 22nd of May I’m not so sure what choice a politician has, what are the options. There’s no point talking about it – the date is set, we’ve got to start getting positive about it. If people are not informed we make it our business to inform them. It’s just part of our nature. We need things close to the last minute to find out the information. The Gospel has preached reconciliation for many years on this island. And if we want to hear the message of peace and reconciliation and all that goes with it, I suggest many of our people return to the church.

Nora Owen, TD: “The reason why I’m here is because Charlie Flanagan, our spokesman on Northern Ireland, who was supposed to be here was called away to Prime Time for a major debate tonight. But sadly let’s actually tell the truth of it ourselves – how many of you turn off or switch to another channel when you hear that a debate on Northern Ireland is about to start or personalities that normally talk about N.Ireland are about to speak? You turn it off, you use the zapper and you know that’s the reality because after thirty years of debates on N.Ireland people have got a bit tired of it so really they have a big job to do. Local media which normally don’t cover national stories have a responsibility to try and stimulate people’s discussion. People will get a copy of the Agreement but the problem is that most people won’t actually read it. There will be responsibility on the national media to stimulate people ….

Chair (Paul Murphy): “We heard it mentioned earlier on about the fringe groupsand what they might or might not do post-referendum and I think there is a genuine fear in some people’s hearts that some of the fringe groups might be strengthening somewhat. I’m going to ask Brian Fitzgerald to say a word about that.

Cllr. Brian Fitzgerald: “When you read what the political commentators are saying at this particular time, one has got to be concerned , and reading reports from the Gardai who say that the dissident groups are far greater in numbers than what was first thought, and when you speak to people who live on the border counties and hear what it is like on the ground one has to be worried. I don’t think any of us should be under any illusion that there are not problems ahead for the democrats – the people who have stuck through it thick and thin against violence.

“I am very worried that there will be a low turnout [in the Referendum]. I’ve no doubt what the result will be but a low turnout would be nearly as bad as a negative response or a negative result and I say this because like everybody at this table we have knocked at doors at various elections, and … the Northern Ireland issue is never ever mentioned…. Even at the bye-elections that took place last March – at no door was the Northern issue mentioned in Dublin. Yet at that stage discussions were going on and it was all over the media with George Mitchell being interviewed here and there and the Taoiseach was up and down, but nobody was prepared to talk about it at the doorsteps and thats why it worries me that we’ll have a poor turnout even with a Yes vote. Because there are difficulties down the road and the people who want to continue the violence have to get a very loud and clear message that the people of Ireland north and south are going to make their decision in a democratic way as enshrined in the document.

“How we can get the people out? – the media, ourselves, the clergymen, all have a responsibility We got a chance before in 1974 with the Sunningdale Agreement and we didn’t grasp it and we saw the consequences of that. If we don’t grasp this one I believe myself that we will have a civil was in this country with more people killed in six months than in the last thirty years … and we’ve got to ensure that this does not happen and we’ve got to use whatever resources we can to stop this and people have to come out and say “yes” to this agreement and say “no” to violence North and South .

Lily Kerr “The point made about the Agreement is quite complex and perhaps people don’t understand it . It’s up to the political parties to do something as to what the main points in that agreement are. The day is already set and I think it would be negative to try and put it on the long finger. But to get back to the point about the fringe groupsno one should be in any doubt about it. There will be those on both sides who have guns and the community itself will have to deal with it. Now [in this Agreement] we’ve got a Bill of Rights, we’ve got rights for the two communities. With rights come responsibilities. There will be responsibilities for those people to move away from the taboo that you don’t turn people in . People will have a responsibility with those rights not to harbour the gunmen and women in their community and to oust them.

Chair: “I throw in a note of possible controversy. How does anybody here feel about the possible exclusion of the Women’s Coalition from the Assembly? What does anybody feel about the blatant sexism that is among the male political class in Northern Ireland?

Cllr. John Fee: “Could I just address two points that have been raised here? First the date and the timescale. The date was from the fact that talks started with a piece of legislation passed in the House of Commons which in time limited the Northern Ireland Talks and Forum and from the very, very outset set a time limitation on the Talks. There was also the fact that to get these institutions started in Northern Ireland we have to get the elections out of the way before the marching season. Do you think that we would get out on the streets without bloodshed if we were trying to run an election and there was trouble with Drumcree. We’ve also got to resolve those issues between Nationalists and the various loyal orders, both with rights, and there is no doubt they have rights so we really need to get stability there for the consent of the people before we have another crisis on our hands.

“The second thing is the role of women and the Women’s Coalition and there is no doubt that some of the spokeswomen performed an extraordinary talented task over the last number of years. What was the option of getting the smaller parties involved? The option was a form of election like a list system used in the North’s election . Then they saw that all the concerned residents groups across N.Ireland …or any other concerned group of people could get together on single issues and form a 20 odd group of people on obscure or highly confrontational issues. So the compromise to get smaller groups together was to move five different constituencies to six. It may or may not work….. Of course there is another option. Parties who will win seats could put women forward. There are parties who will win seats – the Unionists, SDLP, Sinn Fein and the various Loyalists, and they can put women on their tickets. Just to lighten it somewhat there was a tendency especially on the Unionist side to whenever myself and Monica McWilliams spoke (there were only ever two women at the talks), whenever the person answered they would always use words like “we don’t like being lectured” or “we don’t like being bossed by hysterical members”. I never once heard the words “hysterical” or “bossing” or “lecturing” being used to the men members, it was an automatic reflex use of language when one or other of us spoke and I hope that the policy of the Unionists has changed somewhat in the last two years and that they have actually learned that women can be quite intelligent, we can be very stupid too though!

John Fee: “Can I make one party political point? The SDLP has set a target that 40% of elected representatives should be women. Setting this target is the easy bit; actually getting the candidates willing to run is the difficult bit and we have set up a women’s group to try and identify to see what it is that impedes women and to get the resources to give the training necessary to allow more women to be put in these positions.

Lily Kerr: “… It is not just the unionist men who are sexist, and it’s not just in the North of Ireland – it can be just as prevalent in the south of Ireland You’ll accuse me of being a heretic … but could I point out to you that there were women in politics even before the Women’s Coalition. … There have been women in politics in Northern Ireland when it wasn’t safe to be in politics, for 25 years. … Now there is a group called the NI Women’s Political Forummade up of two people from John’s party, people from my party, people from the PUP, people from the UDP, the Official Unionists and the Women’s coalition – it was formed long before the Women’s coalition. It was set up by Loyalist women contacting me as a Worker’s Party member after Canary Wharf – so there has been one hell of a lot of work going on by women. I do take your point that there needs to be more women coming forward and getting involved but I would remind you a woman’s place is where she chooses it to be.

Noel Dempsey: “Both North and South there needs to be more women involvement. Its difficult to get women forward because the infrastructure is not there for them to facilitate them. If I can refer back to the point that was being made on fringe groups: Brian’s point that the best thing we can do over the next three weeks to try and convince these people on the fringes is that we can organise to get a massive turnout that will get the “Yes” voice that I think we all want. I think in politics you have to be an optimist – I think if people look at the Agreement, if they look a little bit down the road from the Agreement they see an Agreement that deals with equality, an Agreement that deals with justice, that recognises the birthright of both nationalists and unionists and recognises their identity, talks about a Bill of Rights and so on, and puts instructions in place that ensures that it’s guaranteed for everybody. And I think if we convince people and get that message across, the fringe groups will be very much smaller but I think at the end of the day if they are not convinced and they persist and go the way that they seem to be now, they will have to be dealt through the normal criminal justice system that we have and dealt with very very straight forward. What I would be concerned about would be the incident that occurred last week in Wicklow and the age group of the four or five people that were involved, that’s what would frighten me somewhat – that another generation would be doing that and I think that would be the job of the politicians both North and South to try mad convince people that is not the way. ”

Chair (Paul Murphy): “I know that many people have travelled along way to come here so I think we’ll just wind up now and I’d like to finish by thanking all the speakers for coming here tonight and especially the Meath Peace Group for organising it.

THANKS

On behalf of the Transition Year students at St. Joseph’s, Ann Maginn thanked the Chairman and speakers, and Mr. Ray Hegarty, Transition Year teacher, thanked the Meath Peace Group for organising the talk. On behalf of the Meath Peace Group, Julitta Clancy thanked the Chairman and speakers and all who had come and participated. A particular thanks was due to the Principal and Staff of St. Joseph’s, Navan, for permitting the use of their facilities to hold the talk, and the transition year students and teachers for all their help in preparing for the talk.

Meath Peace Group Report. July 1998. (c)Meath Peace Group

Transcribed by Julitta Clancy and Sarah Clancy. Edited by Julitta Clancy

Meath Peace Group Committee 1998: John and Julitta Clancy, Anne Nolan, Pauline Ryan, Philomena Boylan-Stewart, Michael Kane and Paschal Kearney,

 

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1998 – No. 28: “A Bill of Rights for Northern Ireland” – report
Posted by Cian in Public Talk Full Reports

Meath Peace Group Talks

No. 28. – “A BILL OF RIGHTS FOR NORTHERN IRELAND”

Monday, 6 April 1998

St. Columban’s College, Dalgan Park, Navan, Co. Meath

SPEAKERS:

Paul Mageean (Legal Officer, Committee on the Administration of Justice)

John Lowry (Workers’ Party)

Cllr Hugh Carr (SDLP, Newry and Mourne)

Andrew Park (Lisburn Community Forum, and member of UUP)

Chaired by John Rogers, S.C.

Contents:

Introduction: John Rogers, S.C. – Constitution of Ireland; European Convention

Paul Mageean

John Lowry

Hugh Carr

Andrew Park

Summing up – John Rogers

Questions and comments (selection)

Appendix – CAJ leaflet – “A Bill of Rights for Northern Ireland? Your questions answered”

 

“A BILL OF RIGHTS FOR NORTHERN IRELAND”

[Editor’s note – context for talk: negotiations leading up to signing of Good Friday/Belfast Agreement 10 April 1998]

Introduction: John Rogers, S.C.

Constitution of Ireland: “This is a very timely meeting and a very timely discussion. The issue that is before you tonight is the question of a Bill of Rights. Now I am a lawyer; I practice in the courts and I see a lot of cases, quite a few anyway, relating to the Constitution, and in our State the Constitution provides us with a Bill or Rights.

Like every other lawyer, I think the Constitution has its ups and its downs – there are good sides and bad sides to it. One thing that is absolutely clear to me is that our Constitution as a Bill of Rights has served us fantastically. There is no doubt about that – and I say that, as it were, a little bit in the past tense because I think we are reaching a point now where for the last thirty years, judges have been interpreting what are the fundamental rights in the Constitution and they have elaborated a great deal into the Constitution which is very beneficial to the citizen particularly in the area of his or her personal rights.

“But there are downsides. There are events and circumstances where the Constitution does not provide a remedy. I’m going to give you an example:

Mental Treatment Act 1945: “A case went through the Courts about four years ago now. Its a case called R.T. v. Central Mental Hospital and the Eastern Health Board. R.T. was one time in jail, about twenty years ago now, and he did something minor in jail and he was examined by a doctor. The doctor found him to be mentally ill and he was transferred from the jail to the Central Mental Hospital. Now, the offence in respect of which he was in jail was a minor offence – I think he was serving a sentence of some months – but he went to the Central Mental Hospital on foot of an order made in the prison. He arrived in the Central Mental Hospital and he didn’t come out for sixteen years. That happened in our country. Just think about that now for a moment; that happened in our country. This man was serving a definite sentence, he was transferred to the Central Mental Hospital and never got out. The reason he didn’t get out was because he wasn’t able to mind himself. Nobody was charged with establishing whether he was well enough to do so. There was no system within the Hospital or under the purview of the Mental Treatment Act 1945 which provided for a regular reappraisal of his case. The case finally came on in the High Court under Article 40 of the Constitution. He made the case that he was not detained in accordance with law. Now, on its face he was, because everything that had been done fifteen years before was in order. The appropriate medical certificates were there, the appropriate reception order receiving him into the Central Mental Hospital was there but he was still detained for about fifteen and a half hears longer than he should have been.

“This is an extraordinary story and, in fact, I believe he must have been led out the door of the Central Mental Hospital to a solicitor down in Dundrum because, otherwise, he would still be there because there was no system of review, no automatic system of review. Now, under the European Convention of Human Rights, the European Court of Human Rights has established, effectively as a rule, that persons who are mentally ill and who are involuntarily detained should have the question of their continued hospitalisation reviewed regularly, three-monthly or six-monthly. In T.’s case, the President of the High Court, Mr. Justice Costello, found that the provisions of the Mental Treatment Act which permitted him to be detained like that were unconstitutional. The State didn’t appeal that and the matter rested. Subsequently, another case went to the Supreme Court and the Supreme Court found that the provisions of the Mental Treatment Act were constitutional. Now this, in effect, means that somebody can be detained in a mental hospital without review for a protracted period, when in fact they may be well or well enough to be out. I am giving you this example because it is well away from the area of politics, away from the area of Northern Ireland and I’m trying to express to you in a simple way that our Constitution, given that dilemma, was not equal to the challenge of protecting that individual’s personal rights. The Supreme Court, in effect, found that the Mental Treatment Act 1945 was constitutional and, although it was criticised, on the basis that there was no automatic review of a reception into a hospital, the Supreme Court upheld it.

Bill of Rights: “So this business of Bills of Rights just hasn’t got to do with politics or big issues of our nation, it has to do with very fundamental personal rights and things that can touch everybody in every family. … My purpose in trying to open the talk the way I did was, in a sense, to bring to your attention that not all is well in this case in relation to a Bill of Rights. The subject you are here discussing tonight is the question of a Bill of Rights for Northern Ireland. I’ve tried to point to the fact that our own Constitution is a creature of its time and the judges have now found that they are not able to get much more out of it; it’s something like a dried sponge. By saying these things I’m not seeking to condemn our Constitution but as I’ve tried to illustrate with the case I’ve mentioned, there are definite wants.

Constitutional Review Group: “ In relation to extending our Constitution, just two years ago the then Government appointed a group called the Constitutional Review Group. I was privileged to have had a hand in the formation of that Group and they went off and they sat for about a year, a year or more, under Dr Whitaker as their Chairman and they considered a great number of possible changes to the Constitution and their report comes to about four or five hundred pages. It makes wonderful reading for a lawyer, but most citizens would get stuck after about fifteen pages. It is highly complex. “One of the things that is most disappointing about the Review Committee’s report is that there was the opportunity of saying something definitive about the incorporation into our law of some of the principles of human rights that have been established in Europe.

European Convention on Human Rights: “There is the European Convention on Human Rights to which this state is a signatory. Now, that Convention is not part of our law. The fact that we are a signatory to the Convention doesn’t mean that it’s in the law books here. I’ve been in cases where you would open up the Convention to the judges and the judges would be in the position of having to say ‘That’s not part of our law’.

“Now, the Constitution Review Group considered the question whether the Convention should be incorporated into our law and I have to say, most regrettably , they decided not to recommend that. Had the Convention been incorporated into our law, the benefit would be this: we would be bringing to our shores a well of jurisprudence, of legal ideas related to human rights which we haven’t been able to dip into yet as illustrated by the case of the Mental Treatment Act mentioned earlier …. Regrettably the Constitution Review Group took the view that we would be better to go through our Constitution from Article 40 to Article 44 and pick out the individual items that are wanting as it were and make amendments of those individual sections. You can imagine how long that would take. It will be well into the 22nd century, I venture that we’ll get to that exercise. You can all remember how long it took to amend specific elements of our Constitution so if we are going to take that piecemeal approach, there will be so much debate and argument about every line and comma, we just won’t get around to it. I think a great opportunity has been lost in the approach adopted by the Constitutional Review Group.

“Now, having gone far over what I intended to say, I’ll call on Paul Mageean.

1. Paul Mageean (Legal Officer, Committee on the Administration of Justice, Belfast)

“Thank you. I’ve given out a little leaflet about the Bill of Rights which CAJ have produced. I’m going to basically use that for an outline for the discussion. For those of you who don’t know about CAJ, it stands for the Committee on the Administration of Justice. We are a Belfast based civil liberties group and we campaign for the highest standards in the administration of justice in Northern Ireland. Our remit extends solely to Northern Ireland so we don’t look at the human rights situation in the South but we do have a sister organisation based in Dublin, the Irish Council for Civil Liberties and certainly I know they would endorse a lot of the things that John has said. The recent decision by the British Government to incorporate the European Convention on Human Rights into British law leaves Ireland as the only state in the Council of Europe not to have incorporated the Convention.

Work of CAJ: “The sort of work the CAJ does is incredibly varied. We would look at all of the normal rights issues that you have in any normal society; women’s rights, children’s rights, social and economic rights but also, primarily because of the conflict in Northern Ireland we have focused on things like emergency laws, policing, incidents where lethal force has been used by the security forces, religious discrimination in employment. So we have a very wide remit in terms of the areas we work in. We used to use a lot of volunteers like your own group; we relied primarily on volunteers but the organisation has developed somewhat in the last five or six years and now we have five full-time staff so we are reasonably well funded. But we could always do with some more money!

Bill of Rights debate: “In terms of the Bill of Rights debate itself, CAJ really has been to the forefront of that debate over the last number of years. It has already been noted that all the political parties in Northern Ireland subscribe to the need for a Bill of Rights for Northern Ireland and it is one of the few issues on which there is general agreement. I think the difficulty is whenever people get down to the detail and start to try to sense how a Bill of Rights would work, what rights would be protected etc. It will be interesting to see if we do get an agreed text from the [multi-party] Talks over the next few days, what is in that text in relation to rights and the Bill of Rights. I’ve got a sneaking suspicion that we are not going to see a whole lot of detail, which I think in many ways may be a good thing because I think in the event that we are going to have a public debate in Northern Ireland about what rights should be protected, about how this should be done, I think that in itself will be a very healthy situation for the people in Northern Ireland.

Outline for a Bill of Rights: “Turning to this little outline which we have done, we tried to make it as straight forward as possible. Even most of our in-house legal people, when they go into the Bill of Rights debate in much detail get pretty much confused so the language in this has been deliberately pitched at the layman or woman. Basically, most of you will be aware that the Bill of Rights is a written list of the rights to which everyone living in this society is entitled. It basically protects those rights; it uses the law to protect those rights and one of the central elements in any Bill of Rights is the exclusion of any form of discrimination in terms of the rights protected. So, for instance, there would be no discrimination on the basis of gender or religion or political outlook.

“In Northern Ireland we have always said the rights agenda has not been sufficiently addressed and we have not pretended that if you protected the rights of everyone in Northern Ireland you would remove the basis of political conflict. Certainly, we feel the abuse of rights has exacerbated the conflict and I think that obviously coming from a human rights’ perspective, we would encourage the adoption of a Bill of Rights in most societies, we feel it has particular relevance in Northern Ireland.

“Additionally, the legal culture we come from which is also shared to some extent in the South is that we don’t have any laws which say these are your rights and they are protected. All we have are laws that say ‘You can’t do X, Y and Z’ and as long as what you want to do doesn’t fall within X. Y and Z you are happy enough and you are free enough to do it but you have no positive rights or very, very few.

Plain language: “One of the main things we would be interested in adopting a Bill of Rights is that it must be written in plain language. The debate must be structured in such a way that groups like yourselves who would be on the ground in the North, that the individual citizens, the churches, the trade-unions are part of that debate; that its not restricted solely to the political parties. Obviously, the political debate is vital but there needs to be a wider debate than that and I think in other jurisdictions that have adopted those rights mentioned recently in an article about Canada and South Africa I think it was established there that the debate which really began to cultivate the culture of respect and that even groups, in Canada I think it was, that had trouble with the police initially were very vocal in their hostility to the notion of a Bill of Rights, over time and through debate they began to see that they could help them as well, that it would make things clearer what they could and couldn’t do and it was easy to educate their officers.

Content of Bill of Rights: “Obviously, one of the big details, one of the big issues is what rights and freedoms should be protected in this way. We’ve already heard a lot of mention of the Human Rights Convention and the incorporation of that Convention into British law is something that we have welcomed but it doesn’t go far enough in our opinion. The European Convention is fifty years old and it shows. There is no protection in the Convention for minority rights, obviously of fundamental importance in the debate in the North. There are no community rights and no social and economic rights. Again, they are crucial to the resolution of the conflict in the North. Obviously, you will get your normal, everyday sort of thing you are familiar with – right to liberty, right to a fair trial, right to life, freedom from torture etc., but I think it is important that we build in rights tailor-made for the conflict in Northern Ireland. one or two feature such as no discrimination on the basis of religious outlook or political outlook.

Operation: “terms of how a Bill of Rights would work this is again quite crucial …. People should be able, if one of their rights is violated, to use the Bill of Rights to take the Government to court to have the practice declared invalid and if it is appropriate to get compensation. The difficulty with current proposals with the European Convention is that the Government, a week after passing this Act might very well pass another Act which would completely run contrary.

“In other words, they would guarantee our right to a fair trial one week and the next week pass something which runs completely contrary and undermines the right to a fair trial and there is nothing in the current Bill going through Parliament which would stop them doing that. What the courts can do if they think there is an inconsistency is to say that and there is an expectation that politically it would be difficult for the government to ignore it but there is no statutory obligation on them to change. That clearly is a problem – how you entrench the Bill of Rights and that is very difficult from a British legal perspective. At least in the South you have the Constitution. In other words you have the position where your rights are entrenched, they are of a higher legal order than your everyday run of the mill Acts of Parliament.

Human Rights Commission: “Also crucial in this respect is in ensuring how it works in ensuring that we have a Rights Commission. There have been discussion on a Human Rights Commission in Britain. It is one of the items being discussed at the talks and we would think it essential if the Bill of Rights is going to work properly. you have basically an agency that has been tasked to make sure law is working properly. If it feels there has been violations they can take those violations to court – if these particular Acts of Partiament violate the conventions or violates the Bill of Rights then they can take them to court. It can also advise government whether they violate legislation. You know they can say – this particular Act is going to violate the right to a free trial, it shouldn’t be brought in.

It can also raise public awareness, people would come to meetings, publish research. They could lobby on all of these issues and I think that is crucial part to make the Bill of Rights stick

Judicial enforcement: “The other key part is the judiciary who will enforce the laws. some of the countries that have adopted a Bill of Rights recently, South Africa in particular, obviously they had a problem with the old judiciary, so. in order to ensure that the Bill of Rights worked, they basically established a new court which would look specifically at allegations and violations of the Bill of Rights. So they departed from the normal judiciary, they brought in academic experts, something that has been done in other countries. If you mention it here people sort of react with complete horror particularly the judiciary. But I think that human rights is very specifically located, there is merit particularly in a society that is divided and where the judiciary do not command complete acceptance across the community, I think there is a need to bring in outside expertise. That could be legal academics or a judge from the European Court of Human Rights, together with judges from Northern Ireland. Some people are now suggesting that we would have a mixed court, a senior judge from Northern Ireland, a senior judge from the South and a senior judge from outside.

Training for judges: “But it is important that we don’t leave the enforcement to judges, who, in our opinion at least, have not been sufficiently vocal in defending rights over the last thirty years in Northern Ireland. When Westminster brought in the European Convention, the document that accompanied it, they called it Human Rights Training for Judges and they said they were setting aside £4.5 million for training judges The fact that they didn’t mention Northern Ireland either meant that they thought they were sufficiently trained, which we doubt, or that they didn’t want to mention how much it was going to cost to have them sufficiently trained. So we have no idea at all what they are going to do.

Restrictions on rights: “The other question that sometimes would come up is – would the Bill of Rights guarantee rights absolutely? Well, clearly not. There would have to be some balance. My right often conflicts with yours. The supreme example here in the North is the marching issue where we have Loyal Orders who protest their right to march and residents who object to that interferes with their rights. You clearly need to have some balance. most of the International documents that we look at , there are some restrictions on the excercise of rights. The government is given a certain amount of discretion, a certain amount of leeway, which it should excercise where possible in order to validate everyone’s rights.

Method of implementation: “The other thing you have to look at is how you actually get the Bill of Rights. Will it be voted through by MPs or voted on in a referendum? Taking the referendum option, if they want to change the Bill of Rights then they would need the permission of the electorate rather than simply the majority of MPs….

Will a Bill of Rights help bring peace to Northern Ireland?

“Yes, I think it will. If you look at it from a Unionist perspective, the safest way to maintain the Union is to ensure the minority community in Northern Ireland have their rights respected and protected and therefore there will be less ill-feeling. If you look at it from a Nationalist perspective , if the Nationalists are genuinely trying to persuade Unionists towards a united Ireland, the best way of doing that is to ensure that their rights are respected …..

Emergency laws: “I’ve already touched on the Emergency Laws and how a Bill of Rights it could be changed, how it could be abolished. At least in theory if we had a Bill of Rights it could be abolished however I think it would be highly unlikely…..

“We had a strategy meeting of the organisation in January. Aware that we were moving towards a settlement or towards a conclusion in the Talks we decided we would have to try and push all of our rights issues in the following six months.

“We targeted four specific issues; policing, equality, emergency laws and a Bill of Rights. Now I think in a sense they are all important but the primary focus must be on the Bill of Rights at present . That will hopefully set a framework within which all of the other items can be absorbed. Clearly, if police officers are restrained from engaging in activity contrary to the Bill of Rights, that’s something positive; police officers being trained in the early part of their careers. Emergency laws, of course the Government can still have emergency laws with the Bill of Rights – you still have emergency laws in the South even with your own Constitution but the controls would be much tighter. I think the use and abuse of the Emergency Laws in Northern Ireland really has led to widespread alienation and that has to be tackled by using a Bill of Rights. That’s one way of doing it. And also as regards equality – that regardless of people’s gender and their background that they are treated equally by the state. Then again, a Bill of Rights would go some where to doing that. It’s not going to be an immediate panacea for all the problems in the North but it will mark a significant turning point and to repeat the mantra ‘Its only when people’s rights are respected and protected that we will have a just society’. Thank you.”

2. John Lowry (Workers’ Party):

“Thank you, Mr. Chairman. I would like to congratulate the Meath Peace Group for organising this meeting tonight and their choice of topic. It has been something for a headache for you, as Julitta explained at the beginning of the meeting that a number of the original speakers had to withdraw because they are involved in other very important things at this point in time.

Different levels: “We in the Workers’ Party don’t view the Bill of Rights as something got to do solely alone with individual rights. Its got nothing to do with Nationalist ‘ rights and its got nothing to do with Unionists’ rights. It has certainly elements of all of those things but equally it is true to say it is a statement about the type of society in which we live, about the institutions of governance of that society and how they will govern all the citizens of that society and particularly the historical experience of Northern Ireland. I think that is vitally important and we will see in the construct of any political agreement which we hope will emerge by the end of this week, that a Bill of Rights and a philosophy which goes to the heart of the Bill of Rights and all the arguments which may have been made in favour of the Bill of Rights over the years in Northern Ireland, must permeate in its totality the new political agreement which must emerge. That’s because in Northern Ireland we have had indeed abuses of individual rights, abuses of political rights, the whole political basis since the foundation of the State has led to deep distrust and suspicion among all sections of the community and therefore any new political institutions which are to emerge from this political agreement if they are, at all, to have the confidence let alone the support of the vast majority of the people in Northern Ireland, there must be something there very concretely which gives expressions to the fears and misgivings that people may have.

“And therefore I think we have to raise, or consider, the question of a Bill of Rights on a number of different levels.

Certainly from our point of view we form the view that the Bill of Rights is the cornerstone of democracy as the guarantor of all civil rights of all citizens and the political rights of all groups and individuals prepared to work through the democratic process.

Fundamental principles: “A Bill of Rights must contain fundamental principles which will constitute a political statement about the nature of any form of institution formed in Northern Ireland. Northern Ireland has a historical experience of power remaining in the hands of one political party through the greater political power of the state, and this experience saw the abuse of political power and the abuse of civil and political rights. And whilst it is true that since the period since 1969 under the system of direct rule there have been major improvements, at the same time much remains to be done to assuage the fears of many citizens in Northern Ireland about the nature of the society in which they live.

Universality: “The importance of a Bill of Rights for the people in Northern Ireland lies not alone in its links to any specific constitutional proposals for government but in its universality, in its ability to provide reassurance in a situation where all political features are new and uncertain.

“I think that that statement is quite apt at this point in time because I think it is quite clear that the new political institutions which are going to emerge are going to be new and there will be a great deal of uncertainty and there will be a great deal of work to be done by all concerned to build confidence and support amongst all the citizens of Northern Ireland for the new order.

Fears and uncertainties: “Uncertainty breeds fear and particularly the fear of whatever new structures emerge there will be victors and victims, those with power and those that will suffer as a result. A Bill of Rights must address those fears for all citizens and must be capable of operating in any constitutional circumstance A Bill of Rights is a mechanism to permit political life to flourish in our society by freeing people to work collectively and publicly in their own interest. It is not a constriction of the democratic process but rather a solid foundation for it and a bulwark against abuses. The Bill of Rights must provide a positive statement of the rights and justice which each citizen can demand of the state and it must provide the means whereby those rights can be enforced if they are infringed . A Bill of Rights will offer those who are genuinely seeking justice a peaceful method of achieving it.

Advantages of a Bill of Rights: “There are a number of advantages of a Bill of Rights in the present situation as we see it in Northern Ireland. The present constitutional arrangements are totally inadequate for the protection of basic civil rights. As I said previously, Northern Ireland’s experience of the abuse of political power and the frequent disregard for civil and political rights coupled with the fact that the state elects to exercise extensive and comprehensive emergency powers, renders the need for greater protection an urgent necessity. The absence of such protection in the past provided the basis for genuine grievance against the state and created a lack of trust and confidence in the institutions of the state. But, as Paul has mentioned in the leaflet put out by the CAJ, must a Bill of Rights await a political agreement or can a Bill of Rights assist the political agreement? Like Paul, I would hopefully be of the view that by the end of this week there would be a positive answer to each of those because certainly up to now I have dwelt on the historical experience of Northern Ireland , the fact that vast majority of the political parties seem of be in a position at the moment where they will agree to new institutions in the future I think there is a need then for the Bill of Rights to be seen as a much more open and fluid expression of the political situation within society rather than simply as a legalistic mechanism on its own.

Procedures: “I would also reinforce the points made by Paul – that once the Bill of Rights has been established and the rights which such a Bill would safeguard have been clearly identified, such a Bill on its own would have absolutely no value unless procedures [are brought in] whereby that Bill could be properly enforced. And, probably more importantly, if people feel that their rights, even under such a Bill, have been infringed in some way, that there is a mechanism for redress under such a situation . So therefore, we also have expressed support for some sort of Human Rights Commission which would oversee the implementation of such a Bill of Rights and also provide for some sort of educational process within society in advance of that.

Scope and content: “The scope and content of a Bill of Rights we have given a great deal of consideration to and we have set out some seventeen or nineteen different areas in which a Bill of Rights could concern itself. In his Introduction, John expressed the view that the Constitution in this State had served the people wonderfully well, and I am sure that is true, but I was just very much struck by the example that he did give of the case of R.T. v. the Eastern Health Board. In fact, one of the rights that we had envisaged would be the right of redress against the acts of officials, state bodies, public institutions. So whilst you do indeed have a written constitution here it appears to me that were there a Bill of Rights that guaranteed that right, it may well have helped redress that case much earlier that in fact it had been.

European Convention: “Equally, on the question of the European Convention on Human Rights, while certainly that is an advanced and progressive document in itself, we feel that given the whole peculiar situation that exists in Northern Ireland that it would not be adequate just to simply integrate it into domestic law in Northern Ireland . I think there are a number of reasons for that. I think there are a number of rights which are not protected in the European Convention on Human Rights which would have to be incorporated into the Northern Ireland situation and the fact that the government retain the right to derogate in certain circumstances from the European Convention on Human Rights.

So for example, whilst the British government in international law , has for many years been bound by international norms and standards, it is also equally true that it has derogated from those laws in order to enact emergency legislation which in our view has been most unhelpful in Northern Ireland as indeed there are some emergency powers in existence in this state

Psychological aspects: “There are indeed very many important legal aspects to a Bill of Rights, but it is also important to bear in mind that the introduction of a Bill of Rights for the people of Northern Ireland at this point in time can have as much psychological importance for people in Northern Ireland as it does for legal importance.

“By that I mean that it can be a very positive statement that new political arrangements which may emerge this week will have a solid basis in law and that all the citizens in the state, regardless of what happened in the past, can feel comfortable in this state in which they are now going to live and that their freedoms and rights will now be protected and guaranteed, both as individuals, as members of communities and indeed that any new institution of government which may emerge from this new political agreement can also be held in check by society against any abuse of its power. Thank You.”

3. Cllr. Hugh Carr (SDLP)

“Thank you. This is somewhat of a change for me on the first Monday night of the month – I’m usually occupied with planning or water quality issues on Newry and Mourne District Council. It is a great change to come to the lofty heights of considering a Bill of Rights! Unfortunately, as has been pointed out, the SDLP spokespersons on this issue are already occupied or are on standby to help on some aspects of the Talks. So I have been asked to speak on this and it’s not an area that I have a particular competence on.

Time for Bill of Rights: “Over the years there has been a political context for the Bill of Rights and the SDLP along with all the parties is fully supportive of this idea at the present time. But there was a time when I and others felt, particularly in the late ‘70s and ‘80s, that certainly the Workers’ Party and to some degree also the Unionist Party, were putting forward the idea of a Bill of Rights as a solution to our problems, and while the SDLP has always been supportive of fundamental rights and personal rights, we have never seen the solution to the problem in the North coming solely from the provision of such a Bill.

“As I am sure you have heard many times, we have always seen that the solution has to come from a consideration of the internal relationships, the North-South relationship and the relationship between Britain and Ireland. And it is only when those issues are brought to the fore and when an acceptance was given and the general language of political dialogue tended to reflect these three messages the SDLP have been hammering home particularly through the leader, John Hume, for twenty five years – when these have been picked on and picked up on in the South, later on in Britain, and, I have to say by other parties in the North who are now using the language that we have been using for a long, long time – it’s in that context that the time for the Bill of Rights is ripe for consideration. I suppose we could say that the solution symphony is being created at the minute by all the various players at the Talks and certainly part of that solution will be the oboe solo of the Bill of Rights. And I think that we will find that this whole issue will fall in not drafted up in complete form.

“I would think it would be mentioned with issues along with police, like prisoners and like the Bill of Rights which will have to be further teased out perhaps through the formation of a Commission that will examine these issues in the light of whatever new structures emerge and certainly, that has been said by the speakers already. All the parties and the people in the North will have to come together and have a debate on this and tease out what other rights we are talking about .

“I think we have gone some way along the road to a Bill of Rights because we have been getting used to Fair Employment legislation, equality legislation and we have a Police Complaints Commission. While we have those things; there are many inadequacies in them The Bill of Rights gives us a chance to group all these things together and maybe tighten up on some areas where there has been looseness or slackness, areas that need to be improved and in that context I think the Bill of Rights will emerge.

“We certainly will be supporting that and we will be contributing to that debate, but I think you will find it is a debate that will be on-going after whatever happens on Thursday is announced and is something that is going to take us all a while to get to grips with. Thank you.”

4. Andrew Park (Lisburn Community Forum, member of UUP)

“Thank you for the invitation to speak to you tonight. My name is Andrew Park. I belong to Lisburn Community Forum – I’m the vice-chairman of Lisburn Community Forum, just outside Belfast. I’m also a member of the Ulster Unionist Party although I am not here speaking on behalf of the Ulster Unionist Party but I am a member. I stood at the last council elections, as John will remember. Just to give you a flavour of the area where I live – in the last council elections there were seven councillors elected, four Sinn Fein, two SDLP and one Unionist, so, in a sense, I live in a minority area within the Dunmurray cross area.

“I think this debate gives us an ample opportunity to discuss the Bill of Rights. I will give you a communities’ view. I am no expert – I don’t know the technical terms that were being outlined as I came in, obviously a Nationalist community approach. I will give you how I would feel, coming from my community and the perspective coming from a Unionist /Loyalist community which I represent.

“I was at a residential at the weekend [in Rostrevor] run by the Sign of the Times group. It was simply talking about the [NI] Talks and the different formations of how people could see things were going and the groups were pretty well made up of Northern nationalists, a few of us Northern Protestants, some people from Southern Ireland, a couple from North America. It came to one point when it went back into plenary session on Saturday we were asked what type of things we could accept and what type of things we couldn’t . Certain things came up on the board from Northern Protestants and some came up from the Northern nationalists. We could say – “in broad terms we could live with that, that’s not too bad “…. And then the Southern representatives came in and I was taken aback completely over the furore in the Southern delegation over Articles 2 and 3 and it wasn’t something that I was aware of and it brings something into this debate on the Bill of Rights.

[In relation to the Southern debate], “I think what was happening here, there was a lack of information, a lack of public debate within the community and that concerned me and it concerned the Northern nationalists. For some sort of reason or other, we assumed rightly or wrongly that when a Taoiseach was talking on behalf of a nation, he could come up and say ‘Yeah, Articles 2 and 3 – no problem, we’ll chop that out’ It’s not reality, we found that and it’s amazing, that knocked us right back.

Bill of Rights: “So in this debate, I think yes, in broad terms all communities would like to have a Bill of Rights and I think it has to go further than what has sometimes been mentioned. I think the right framework is essential towards the Talks, it’s part and parcel of the Talks, its essential. I think the basic requirements for any society are to be found within the International Human Rights Convention and that is there so I think we could use that as good practice. I think in the context of Northern Ireland there is a more important issue to be addressed, that is how we organise our society. Today is an opportunity to radically look at Northern Ireland and what should happen is that it builds in my aspirations as a Unionist and loyalist in connection to a west/east dimension, but it should also build in a nationalist aspiration within the North/South body in some way. We have to address those issues and I think we also have to take in another factor – for, as a working-class Prod, my civil liberties over the years have been just as bad as Roman Catholics within the area. Maybe because of the nationalist voice that voice has not been heard. … Us working-class Prods are every bit as suffering. I mightn’t look like a working-class Prod but I am. I think that has got to be fundamental – we’ve got to look at all the minorities. Northern Ireland is now a pluralistic state – there are minorities of all kinds. There’s a community of Travellers up there, we’ve Chinese minorities up there, there’s ethnic minorities, there are women’s issues.

Public debate: “ I think it’s important, and we’ll come back to it again when we talk about Articles 2 and 3, that it gets into the public domain. I think there has to be a public debate and I think, to use the terminology used in community work, this has to have an open-ended approach. This can’t be something that’s up there and trickles on down. It will work in two tiers. But I believe the communities have to be involved in the debate. It is important the communities should be honest about this, they will have to take part in the debate. Loyalist, nationalist, whoever, they have to keep having the debate.

Articles 2 and 3: “I think it will be a healthy experience, as it will be for you when you get down to talking about Articles 2 and 3 … If I could talk about Articles 2 and 3 for a couple of seconds. I think there has been a big, big hype in the past when the McGimpsey brothers challenged it in the courts. I believe it’s coming through from my community that the issue is a big issue. This is new territory that we live in. Hopefully the Talks will come to something with which we can all live in some sort of agreement.

“Just remember, that’s not the end. The Talks are only the beginning. The process is only beginning. Some people are investing in the misconception that everything is going to be rosy but it’s only starting, this is only the first step, there’s a big thing to go on after that, but I think we’ve got to allow that to happen, we’ve got to expand on that and I think we have got to allow that to happen about Articles 2 and 3. The loyalist position in a sense is quite peculiar which is not unusual. We are a peculiar sort of people, we change our minds when we are driving along the road sometimes. But I think what we have got to say is – Yes, there is something wrong with Articles 2 and 3. What we have to write into the Talks, if there is an Assembly which is perceived and is working in an equal way, if there is North-South bodies, which we would like to see with less powers, but I know the nationalists would say with more power, but we would see if there was a body working with every body to agree with and if there was an East-West dimension in a British Isles context what ever it happens to be, the need for Articles 2 and 3 then diminish because people’s rights, people’s aspirations will be seen within that context. I think that’s the way we might have to look at it. …… I heard people [from the South] say on Saturday ‘ Why should we give them up on account of the violence?” “What’s it got to do with us?” “Can’t you Northerners talk with Britain? We don’t need to get involved with that.” It was crazy sort of thinking.

European Union: “I think it most important that we do have a Bill of Rights. If I could just give a couple of incidents here within the European Commission for Human Rights for any country joining the European Union. The EU expects current borders to be respected by the institutions of government. Disagreement are to be settled by arbitration. Where there is dissension within a region or a state regarding the validity of that state autonomous regional government must be developed in a way so expected within that state in order to protect all ethnic groupings . Where there is tension and lack of trust across borders within Europe co-operation is expected to be encouraged and built up slowly from the basis of an already existing and functional regional government. And when a state has an ethnic affinity with a neighbouring group of people, their only interest is that their kin flourishes under conditions of good government in that neighbouring state.

I think that’s fundamental and I think that’s democratic rights and freedoms for us all. Again, can I just conclude in saying, I’m not an expert, I’ll answer some questions as best as I can. Just remember that I’m only a community worker. Thank you.”

Summing up by Chair – John Rogers, S.C: “Thank you. What comes through from these four addresses is the very distinct emphasis from all four of the speakers on what I would call “collective rights”. You recall when I started talking I started talking about the rights of individuals under the Constitution and really in this state we have only had to worry about individuals. That is I think the difference between our predicament and the predicament in Northern Ireland.

“In the addresses by the four speakers, there was this emphasis on minority rights, community rights, collective rights. The whole tenor of Mr Park’s speech just now is that he is a member of a particular community. He is talking in the context of the passages he read in the European manual dealing with dissension between states, from a position of a minority, and I think we are going to have to get used to the fact that there are a number of groups on the island . Travellers were mentioned by one speaker tonight from Northern Ireland. They are a minority in our state and their collective community rights have never been really advanced under the Irish Constitution because, in effect, they are not seen as a community or a minority. They are just seen as a bundle of individuals.

Articles 2 and 3: “I’d like to say something in response to this whole question about a debate here and I would like to encourage you to respond to this. There hasn’t been a debate about Articles 2 and 3 here in the South in the recent past. Ten years ago it was very much a subject of acrimonious debate but there is an assumption in the South that this is a settled issue. Now, we’ll know whether it’s a settled issue in a few weeks. This debate is going to take off like a rocket. As in all debates we’ve had about the Constitution, or changes in the Constitution, our community will become become polarised.

Threat to unionists: “Now, let us say a few things about Articles 2 and 3 and I don’t want to delay you, but I think there has been an awful lot of misunderstanding about it. I mean, from a Unionist perspective it seems a threat but as a lawyer I have to say to you that, when you read the Articles, I can’t really see the threat. I have to say that the claim of right to territorial entitlement to Northern Ireland quite clearly is hard for any loyalist/unionist to take. But that claim is withdrawn in Article 3, literally withdrawn. The right to legislate for Northern Ireland is withdrawn. That’s a lawyer’s view of the so-called ‘threat to Unionists’.

Right of citizenship: “Nationalists think that Articles 2 and 3 are a great protection for them but I think it’s absolutely crazy. That is not I believe what is stated at all. In fact Articles 2 and 3 provide no enhancement of nationalists’ rights. Firstly, there is no right to citizenship in Ireland . The only right to citizenship given by the Constitution is in Article 9 and in fact it relates to pre-Constitution citizens, if you follow me. All those people born since 1937 do not get a right of citizenship from the Irish Constitution.

“In fact, it was only in 1956 a provision was made for giving citizenship to the people in Northern Ireland if they elected to do so, if they elected to take citizenship. So you hear people talking at the moment about “selling out the birthright” of the nationalists in Northern Ireland if you give way on Articles 2 and 3. My view is that Articles 2 and 3 do not give any legal birthright to nationalists in Northern Ireland. This is just my opinion but frankly I can see nothing in the Constitution which gives a right of citizenship to nationalists. So, from a nationalist perspective the Constitution isn’t as great as they wish to make out

Referendum: “From a unionist perspective, it’s my view that it’s not so much that Articles 2 and 3 are so much of a threat. I just want to convey something to you which may not be well known, about this deal that’s about to be done, if it is done this week. The two governments have committed themselves since 1995 in what is called the Framework Document that the deal will be copper-fastened North and South. In other words, the people in the North will have to approve of it and the people in the South will be asked to approve of it. That’s totally separate from Articles 2 and 3, as I understand it. If it is the case that they are going to link the case on Articles 2 and 3, we’re going to have a very elaborate constitutional process. You could be going into the ballot box and you could be asked ‘Do you agree with the deal that is being negotiated in Stormont Castle? Do you buy it?’ and you may be asked to say yes or no and presumably you would say yes if you supported the peace…….’Do you want Articles 2 and 3 amended?’ is the next logical question. There may be people who don’t want them amended to a new form of words and if there were more of those people who did not want the Constitution amended then you could have a situation where a majority of the people could have accepted the deal but may not be prepared to amend the Constitution.

“So I just want you to get into your mindset that this is, as I understand it, a double process that’s coming to visit us. I expect you will be asked to vote on two things and there’s a whole question for the government then whether they will put this thing before us as a conditional amendment of the Constitution. I don’t think that that is workable constitutionally but it would be an extraordinary situation if, for instance, on the one day we were to be asked ‘Do you wish to amend the Constitution?’ and we all said “yes” and on the same day a majority of people in Northern Ireland reject the deal that they were being asked to accept. We might have found ourselves amending the Constitution on the basis that the deal would be accepted and the deal mightn’t be accepted.

“Quite apart from anything else the mechanics of this are terribly complex I think and I wouldn’t like to be a law officer advising the government on how this might be done.

North-South body: “Another constitutional aspect of this is the North-South body. The idea of a North-South body appears to be that a council or an executive or some sort of a committee would sit and decide ‘Right, we will have activity involving government type decisions in the whole of the island.” Now, if our government are going to participate in that they have to comply with the Constitution… The Constitution of Ireland says that executive power is vested in the government and can only be exercised by the authority of the government . Now, if you have free-standing North-South body or bodies exercising executive power in the entire island, in order for it to be constitutional that must act with the authority of the government or another institution of the Constitution. Now, Mr Adams, for instance, says he’s not pleased that in the event of that North-South body being established, the Assembly in Northern Ireland would be entitled to veto the North-South body decision. But under our Constitution at the moment we are obliged to commit our government to having that veto. So it seems to me that what’s sauce for the goose must be sauce for the gander. Now, I sometime wonder, you know, who is advising people and who understands the nature of our legal system. One would have thought that Mr Adams and other people that voice similar views to him would know that under our Constitution any North-South body could only act with the authority of the government.

QUESTIONS AND COMMENTS. (Summaries of main points only)

Q.1. [re North-South bodies]: “…Are you saying that if there is a cross-border arrangement, Article 3 may not allow them?”

Chair (John Rogers): ”… There are a number of Articles in the Constitution which may make if difficult to see how they could have cross-border institutions. I think they’d have to amend the Constitution anyway, leaving aside any thing that we want to do to please people … if we want these North/South bodies, we will probably have to amend Article 3, possibly Article 6 and probably Article 28. But you will not be able to get away with not amending the constitution if you want these North/South bodies. … Particularly that is so if you want a North/South body which is independent of the Irish government . Any North/South body that you make without amending the Constitution cannot be independent of the Irish government. ….

“Well, you are going to hear an awful lot about this in the next three or four days and then for a number of weeks thereafter. And I fully agree with what was said by Andy Park – You and I have not discussed this. This state has not discussed these issues. He [Andy] was talking about the reaction he saw among a group of people at a residential meeting last weekend. [Questions/2]

“ I see that a lot in the last four or five years – I attend things perhaps twice a year where I meet people from all over the island and the people most resistant to change of any sort are our people. The Northern Irish people have to change; they know it. There has been so much trouble, so much division, so much injury and hurt they have to change. We have lived in extraordinary comfort and we don’t have the same compelling reasons to change and we’re all very comfortable. To hear the nature of the debate that these four speakers have had about the Bill of Rights says it all. They have to dig much deeper; talking about minority rights, community rights as distinct from needs. Generally speaking, as a lawyer in this state, I only have to look after individual rights or protect the rights of individuals.

Q. 2:[Accepting change]: “… I think you’re pessimistic when you say people won’t change – you may be looking at it from a legal point of view. I believe the majority of people will accept change. I think people are realistic enough to see that something enacted in the 1930s needs now to be changed. People will accept change if it’s necessary….”

Chair (John Rogers): “I think people are willing to change. I think there is a sense of enormous change in the country but when it comes to it … I have this sense that the implications of what we are about to do haven’t dawned on people. I mean, let’s be quite clear: your government is going to be participating in the government of Northern Ireland. Now ask yourself the question, do you want that? And government brings responsibility …. I think a lot of people will think twice when they are asked that question ‘Do you want your government making decisions for and being responsible for those decisions in Northern Ireland?’

Andrew Park: “What was clearly shown at the weekend was this question that people hadn’t debated. I think one of the things is to know why you are changing. Just to take on change for the sake of peace in Northern Ireland, way down the road there’s going to be debate on that. …. If there is a will to change Articles 2 and 3 for the right reasons not just for, as you say, keeping the “Prods” up there quite happy, changing for the sake of keeping somebody in. I think that would be the wrong reason for changing your Articles 2 and 3. I think you need to debate it. I hope you don’t mind me as a Northern unionist saying things like that – that you have to do something but its quite right. ….. We’ve had to look at change, and it’s been a hard process for us, very, very hard. The debate is still going on and you have seen the polarisation of new paramilitary groupings within the loyalist community….”

John Lowry: “I think a general point that has come through here, it may seem a contradiction but a lot of people are given the impression through the news reports when they heard, particularly last week, that a deadline of this Thursday had been set for an agreement. I think that people outside of Northern Ireland, it appears to me, had some sort of sense that there had been no discussion and no debate going on and then suddenly the political parties in Northern Ireland were told ‘Look, you’ve got a week to come up with it’ when, in fact, that’s not been the case. There has been a fair amount of political debate going on for many years even amongst and across the political parties in Northern Ireland so all of the issues which need to be addressed have been fairly well identified within Northern Ireland for some time now and there has been a fair knowledge across the political parties of the respective positions that each party would hold and even, dare I say it, a fair knowledge of where the compromises which are going to be necessary will have to be found. So for many of those reasons … more people within the political parties in Northern Ireland are more optimistic about an agreement being reached than people outside of Northern Ireland. At the same time, that’s something which is beginning to worry me quite deeply as well, because listening to the comments of John and Andy, about a residential at the weekend and so on, the fact is that people North and South are going to be asked to ratify whatever political agreement may emerge in a referendum by the end of May. And I’m a member of a party that is organised on an all-Ireland basis and even members of my own party from Dublin and Cork over the last number of months have been asking me about many of the issues that have come out into the public domain and I think that there could be a very real danger that many of the issues which the Southern electorate are going to be asked to make comment on may not be fully understood or, even at worst, there may be ample room because of that lack of understanding for some fringe groups to sufficiently muddy the waters that it could upset the whole apple-cart particularly in relation to Articles 2 and 3. I think if that is the case we could get a lot of bogeymen coming out talking about Northern nationalists being sold out and so on if these Articles are touched and my fear would be that the bogeymen might do enough to muddy the waters and it would indeed be very ironic if the Northern political parties came up with an agreement which the majority of them could live with that was passed in a referendum in the North and wasn’t passed in the South. Maybe even if it was passed, but with a great deal of confusion. And you know there have been enough rows about the Constitution here and interpretations of it to cause that confusion and I think John is right, all the focus has been on Articles 2 and 3. My suspicion is that you may very well be asked to make several constitutional amendments and I think it is absolutely correct that the institution of North/South bodies will require, in my view, constitutional amendment to the South as well and that’s because even within the Framework Document which is so beloved by nationalists makes it quite clear that North/south bodies will derive their authority from the Dail and from any new assembly…..”

Cllr. Hugh Carr: “I think the electorate both North and South has shown itself over the years, particularly in relation to constitutional change, to be fairly sophisticated and very capable of getting to grips with the various issues that are involved. I tend to see the Constitution most certainly as the property of the people and not the property of the Supreme Court or the property of a particular political [party] or whatever. So I think the general population are well capable of having the issues explained to them, taking them on board, thinking about them and coming up with the right answer. I have every faith and trust in the people in the twenty-six counties – they will come up with the right answers.

“I come personally from a background of what you might call constitutional nationalism, very much into Conradh na Gaeilge and things like that and maybe because of coming from that background I have always had a particular attachment to Articles 2 and 3. My attachment to Article 3 was merely that I hoped I lived to see the day when it would be deleted from the Constitution and that all the other Articles would move up one. But having said that, and I remember one SDLP conference in my youth, getting up to propose a motion that Articles 2 and 3 must never be changed and I was spoken to by some of the executive members at the time who managed to convince me to accept an amendment from the executive on the matter, which I did. But I think what Articles 2 and 3 did for me anyway, maybe for other people as well, they were sort of a psychological soother in the aftermath of partition and the reality of partition, where everything in international law seems to point to the settlement of 1921 was the final word on the Irish problem and this little Article in the constitution of ’37 said ‘No, that’s not quite the case’. I think we all move on from notions that we have in our youth of simplistic things like that and this particular Article, we have to be prepared to incorporate the notion of consent into the Constitution and to incorporate the notion that what we are dealing with is the right of people to be Irish. If the Articles in the Constitution can be framed in such a way as to say that a man or a woman in Rathlin Island has as much right to be Irish as the man or woman in Inismaan or Inis Mor, then I’d be happy enough. That the person living in County Down can say ‘I’m as Irish as the person living in Cork or Kerry’, I’d be happy enough. And we have to change them because the unionists over the last ten years have identified this as a problem for them and if we are going to move on in advance and particularly if we are going to get the North/South bodies that are so important, because these North/South bodies will be dealing with practical issues, issues of economic development, infrastructure, perhaps harmonisation in terms of education, tax. Who knows ? I think the possibilities for this body could be quite exciting in the future. But to make people have the confidence to involve themselves in this we need to make a change, to make sure of the consent which underlines the future constitutional change both North and South and that there is no threat.

“I don’t think personally that the Articles were a real threat to unionists. I think they have hyped them up out of all proportion. I haven’t seen any amendments but I presume that the amendments that will be proposed will be acceptable to our parties and will be drawn up in consultation with the people most affected by them and I would imagine that I would be able to support them.

Paul Mageean: “……I think it is very healthy that this debate is beginning now. The one thing I think people should shy away from is the notion that you’re anti-peace if you don’t buy the package. We have to be honest. There’s a real danger, I think, both North and South that people will buy a package simply because it’s there. If there is insufficient protection for rights, the CAJ will have to say that… The debate must be free from intimidation. Part of the peace process should be people debating the change….”

John Lowry: “……….Articles 2 and 3 are an anachronism within your own political system because successive Irish governments have turned their backs on that interpretation of Articles 2 and 3 …. Article 1 of the Anglo Irish Agreement makes it clear there will be no constitutional change in the status of Northern Ireland without the consent of the majority of people in Northern Ireland. And in terms of the territorial claim, it’s a well used phrase of John Hume’s ‘It’s not territory that matters, it’s people that matter.’ A border is but a line on a map. How much of this is merely going to reflect a sea-change of political thinking which has been happening for some time? I think you should look at it in those ways.

Bill of Rights: “ …Can I go back to a remark that Hugh made earlier in relation to a Bill of Rights and looking at it in terms of a solution. …. I don’t think there is much need to be apologetic about that because I think the point that is raised in the CAJ leaflet albeit that it might be a bit out of date by the end of the week, and they ask the question ‘Does a Bill of Rights have to await a political agreement?’ Well, my answer to that always would have been ‘No’ because whether the political parties in Northern Ireland over the last twenty-five years really came up with an acceptable form of government in Northern Ireland or not was not an argument for saying the rights of the citizens of Northern Ireland should be diminished and that’s why the Civil Rights Association and everybody else concerned with civil liberties continued all through those years, even in the absence of agreed forms of government, to campaign for civil rights for all citizens and to highlight abuses of those rights where they took place. Nonetheless, hopefully, that has become a non-argument now but nontheless too I think we shouldn’t diminish the importance of the question of rights as part of this new agreement. It can’t be something that is just tagged on at the end of all other aspects of the agreement.

“If we are truly saying that we are creating a new order, a new society in Northern Ireland, that we are putting the past behind us and looking to the future to create a new society, then a legal framework must be found and it must act as a statement of the type of society we are trying to create and the political arrangements that are going to govern us.

CHAIR (John Rogers): “Let me say something about the Bill of Rights as a single issue. I was actually Attorney General in 1985 when we made the Anglo Irish Agreement and I just looked at it the other day because there’s a section in it which specifically committed the government to looking at the issue of establishing a Bill of Rights. Now it looks like thirteen years have passed and the two governments weren’t able to agree on the desirability of a Bill of Rights.

Q. 3: Have we enough time for the debate?

Chairman: “I think the question should really be addressed to the floor. Do you feel you’ve enough time to consider this between what in effect will be the 9th April and the 22nd May? That’s the question that has been put…..

Member of audience: “Deadlines do focus minds…”

Hugh Carr: “I agree with the deadline that George Mitchell imposed. Had he not imposed that we could be going on until this time next year still going around the same mulberry bush. It was the fact that he imposed a deadline that focused people’s minds and I think the debate will be short, sharp and meaningful and, you know, why do we need to prolong it? Issues can be accordioned into six weeks. I think that’s sufficient.

Member of the audience: “ We’ve been talking and thinking for many years – peace talks have been going on since 1992. Every dog on the street knows we’re going to replace the Articles. …

Q. 4: “On the Human Rights Commission – could the North/south body do this?

CHAIR (John Rogers): “.. If you have a North/South body that has extensive powers, that body has to be subject to law normally and what court is to be addressed when you are going to supervise the North/South body? Are you going to have you going to have more courts, all-Ireland courts, perhaps? It’s a simple question of constitutional law; if you have an all-Ireland body of any sort to what court is it amenable?

Member of the audience: “We have already ceded sovereignty to the EU. Constitutional lawyers can devise the answers.

Paul Mageean: “All-Ireland bodies will need legal mechanisms and monitoring mechanisms”

John Lowry: “There’s a lot of scope for North-South bodies, but the issue will have to be thought through more fully. … There are practical difficulties with an all-Ireland dimension, e.g. with the Bill of Rights, and there is also British opposition to the idea of a Bill of Rights for Northern Ireland

CHAIR (John Rogers): “What do people here think of the Council of the Isles idea? That would be linkage between Wales, Scotland, Westminster, maybe a parliament for England and Stormont and the Dail as a formal Council where matters could be discussed and resolved through a process of co-ordination and implementation of mutually beneficial things ….. How do you feel about that?

Member of the audience: “How often will they meet?”

CHAIR (John Rogers): “Well, if they are politicians they will go as often as they can. …. This came out in a statement called a Proposition Document in January, and I was rather surprised at this emerging. Now, frankly, I’ve changed my attitude. At first I was quite resistant to it and the reason I’ve changed my attitude to it is that I looked at what would happen in Britain. Britain is in a sense becoming very fragmented, it’s becoming a very regionalised state. From being a kingdom, it’s now a place of regions….

[sections of tape inaudible]

Andy Park: “…..In view of the already massive co-operation between the United Kingdom and the Irish Republic covering many fields and stemming from their geographical proximity and shared history – there shall be a body called the “Council of the Isles”, composed of representatives of the British and Irish Governments and regional administrations. What was a unionist demand was taken on board by both governments….”

Member of the audience: “I don’t think there is sufficient time for debate – people have been thinking but we don’t know what is involved. We have vague ideas. It’s very important that people with reservations should be able to express them.

Member of the audience: “Look at the Maastricht referendum – the Government was less than honest. The politicians came together to impose their ideas.

CHAIR (John Rogers): “Well, the interesting thing about Maastricht was, about ten days before that referendum, if the referendum had been that day I think it would have been lost. In fact, the political parties had to come to the rescue of the campaign and all parties put their shoulder to it. I think only Democratic Left stayed out.

Member of the audience: “The public in the south have been excluded from the debate. Significant decisions have been made – I haven’t been informed properly. No responsibility has been taken by the Irish Government to engage Irish people. I feel a certain level of emotional blackmail. If we don’t fully understand, we will be seen as “pulling the plug” if we vote “no”.

Member of the audience: “I don’t think there is sufficient time. … Everybody here is obviously interested but a lot of people have had a reluctance to open their minds and try and understand. The abortion debate is a glaring example. I say, put a reasonable deadline on it.”

Q. 5: Time for debate: “The mechanics of the referendum are going to be so complex. Does the Chairman think we have enough time?”

CHAIR (John Rogers): “ I thought we would have enough time until recently. About a month ago I had to become engaged with all of this …… and it dawned on me that it was going to be very complex. I mean, I’ve been reading these papers every now and again for the past four or five years since the Downing Street Declaration and every now and again I have to delve back into them so I had some understanding of what all this was about. It wasn’t until I came along and said ‘How are we going to go about this?’ that I realised that Article 46 of the Constitution is going to be a problem … you cannot have two proposals in a bill to amend the Constitution. We’re going to have to put something very, very subtle together to get around this constitutional provision and as soon as you get into subtlety in a major and democratic exercise like this, there is a huge capacity to go wrong ….. I think there has been a lie perpetrated about this, there has been a lie told by us to Northern nationalists about the extent of their rights under our Constitution. I think that their rights under our Constitution are very limited but they believe they are extensive. So do Southerners. Now we are going to have to eradicate a lot of double thinking and plain lies and mis-representations that have been made down the years and we have a very short time to re-educate ourselves. So I would have thought a month ago that this six week gap would be enough to do this but although we have all been growing used to the idea that we are going to have to do something soon down here I think the Northern people that you meet are much more pragmatic.

“They are tremendously pragmatic, even though they are very divided now and have been deeply divided, they want to do business. I think we are very complacent and we will have to do business in a very short period of time. I think the point about the young is, I’m forty eight and I’ve been living with this since I was about twenty-two or twenty-three, and I’ve some sense of understanding. But if you were twenty-two now this would take some getting to know, because you don’t have the sense of 30 years of trouble.

Staggering of referendum: “The question is … Should people be given the right to vote separately on the two issues, firstly on the settlement. Do you think the settlement is a good thing? Secondly, to vote on Articles 2 and 3…….[tape inaudible in parts] … If you voted for the settlement then you’d have a week to think about it and then you’d say I’m going to copperfasten that vote….

Member of the audience: “We’ve been away from this country for 30 years – we have met a lot of people who are not informed…. Politicians have a grave responsibility to get out in words of one syllable what is involved….

Member of the audience: “ There is a great risk of absenteeism – particularly people who are confused. Perhaps there should be non-legal people advising the Attorney General as well. It would be a travesty if you ended up with a referendum where people were greatly confused…”

Member of the audience: “Could a vote be taken on the Agreement and then later on Articles 2 and 3?”

Chair (John Rogers): “…. Maybe we’ll have to deal with Articles 2 and 3 first. The question is – are we just doing this to get a deal or are we doing this because we believe it’s right? I mean, do we believe in Article 2? Article 2 reads: “The national territory consists of the whole island of Ireland, its islands and the territorial seas”. That includes Belfast; the national territory is Belfast, Derry, Warrenpoint – it’s everywhere. That’s the national territory. Now it isn’t – because De Valera set about drafting a third Article in which he said: “Notwithstanding what we said above, the laws won’t apply there”. It’s the greatest piece of double talk . I don’t mean to disparage our Constitution but I think one would have to speak in the way I’m speaking now for people to understand the degree of double-speak that’s involved. When we were working on the Anglo-Irish Agreement in 1985, I spent days looking at Articles 2 and 3 trying to figure what did they mean. How could he have it both ways? And that’s what it is, he had it both ways….

Q: “Some people say Article 1 is the important one?”

CHAIR (John Rogers): “Article 1 does not define the nation, unfortunately. It simply declares the sovereignty of the Irish people, that’s all it does. And in fact it doesn’t use the expression ‘the Irish people’ , it talks about the Irish nation and it doesn’t define the Irish nation. If we were to go around the room we would get a great number of definitions of the Irish nation. Does the Irish nation comprise people who were born here but who have lived in Bologna for thirty years? Are these members of the Irish nation?

“.. In 1976 the Supreme Court made the point that Article 1 was, as it were, a political statement about the nation. They went on to elaborate that by saying the nation, in adopting the Constitution, made a claim to Northern Ireland as an expression of self-determination and went on to explain that Article 3 was designed to withdraw that and yet to state to the community of nations that although we had withdrawn it, we are not estopped from believing in it. It’s a give, a take, a give-back and a take-back. Now regrettably, the Irish nation is not defined …

“… Really all we can do is try to talk about the nation in terms of plurality and then go on to speak about respecting the divisions and traditions of different heritages…..

Preamble to the Irish Constitution: “For what it’s worth, if you want to know what my own views are, I think we should get rid of the Preamble and I would get rid of Articles 1, 2 and 3 and I would complete reconstruct the Constitution. You see, in the Preamble it says the state is Eire, the twenty-six counties and in the preamble it says ‘ We, the people of Eire do hereby adopt’. Actually, you should read the Preamble to the Irish Constitution, it is written in language that would surprise you. I think I’ll read it:

‘In the name of the most holy Trinity, from whom is all authority and to whom, as our final end, all actions both of men and States must be referred, we, the people of Eire, humbly acknowledging all our obligations to our Divine Lord, Jesus Christ, who sustained our fathers through centuries of trial, gratefully remembering their heroic and unremitting struggle to regain the rightful independence of our Nation, and seeking to promote the common good with due observance of Prudence, Justice and Charity, so that the dignity and freedom of the individual may be assured, true social order attained, the unity of our country restored, and concord established with other nations, do hereby adopt, enact and give to ourselves this Constitution’

“Well, think about that. If you were a Jew, is that the plural constitution under which you would want to live? .. We don’t know what’s in this document , I don’t mean to be disparaging but we don’t. We haven’t had to read it. We have spoken glibly about Articles 2 and 3 without looking at the totality of what’s in the document ….

Hugh Carr “I think there’s a danger of broadening the issue. I think what John is saying is that we need a new constitution and the Constitution, as I understand it … I think our Constitution derives also very much from the natural law position and that that has been important and it’s not just positive law that inspires the Articles of our Constitution. As a Christian, I’m quite happy about that. I still think it’s possible to have a pluralistic society within a broadly natural law/Christian framework and I think a model society would attempt to do that. So I would, from a purely personal point of view, not from a party point of view, I would have very strong reservations in ditching the natural law tradition in the Irish Constitution.

“But to get back to a point I wanted to make – We are looking for a balance politically for constitutional change. One of the things that hasn’t been mentioned in this whole debate on constitutional change is that we are also seeking with the British Government to alter the Government of Ireland Act and to change the nature of their claim to the North and to their sovereignty in the North, change it in a way that is non-threatening and also consensual, that the whole attitude of consent is brought in there. And I think that that is important to mention that it is within that context that these changes are being sought. I really do think that we have to wait until we see what the text is. I appreciate that six or seven weeks is not a very long time but, unfortunately, I’m not twenty-one and you’re forty-one. I have lived through a lot of talk about the Constitution. I remember studying it in college, the ’67 Committee on the Constitution, looking at that. We had the whole constitutional crusade of Garrett Fitzgerald and though these Articles have been in the public domain and have been talked about, I feel comfortable and always felt comfortable with the ’76 judgment following the Kevin Boland case … I am glad to hear the former Attorney General say that he didn’t know what a constitutional imperative is because I certainly haven’t worked it out. But there is a pragmatic imperative. A pragmatic imperative is peace and living with difference on this island and in particular, differences that have caused the problem and the differences that have caused bodies in ditches, bits and pieces of bodies flying through the air, community tensions, Drumcree and the likes. Those are the things that have to be solved and I believe it’s with balanced political change in the context of the three-strand approach that we’ve been working so hard at in the last few years. If we put it all inside that context, jurisprudence and political theory are all very important but let’s also be a little pragmatic about it, be a little flexible about it and try to walk a little bit in the shoes of out opponents on all these issues and try to smooth the thing out in that way. So yes, there are a lot of issues that are very important but let’s not forget the other things that have to be sorted out as well….”

——————————————

Meath Peace Group Report. 1998

Compiled and edited by Julitta Clancy.

APPENDIX:

A BILL OF RIGHTS FOR NORTHERN IRELAND – YOUR QUESTIONS ANSWERED

[Committee on the Administration of Justice, Belfast]

1. What is a Bill of Rights? A Bill of Rights is a written list of the rights and freedoms to which everyone living in a society is entitled. It says that the rights and freedoms it contains must be protected by law, with no distinction being allowed between people on the basis of an irrelevant factor such as their religion, political belief, gender, colour or disability.

2. Why is a Bill of Rights needed in Northern Ireland?

All that exists in Northern Ireland at the moment is a collection of different laws which tell us what we cannot do rather than what we can do. These indirectly protect some rights some of the time but we need a Bill of Rights to ensure that many more rights and freedoms are protected much more of the time.

3. What would a Bill of Rights look like? A Bill of Rights could be part of a written constitution or a separate legal document. As it is so important, most countries insert it into their written constitution. Northern Ireland already has a partially written constitution, so a Bill of Rights could be inserted into that, along with effective enforcement mechanisms. The crucial thing is that the Bill of Rights must be made superior to all prior and future laws. It must also be written in plain terms which everyone can understand.

4. What rights and freedoms would a Bill of Rights protect? The precise content of the Bill of Rights should be a matter for debate among the people of Northern Ireland and their representatives. Some countries – such as Canada and South Africa – have adopted a “tailor-made” Bill of Rights to cater for their own particular circumstances. Others have modelled their Bills on international documents such as the European Convention on Human Rights. The rights protected always include the right to life, liberty, free speech, a fair trial and freedom from discrimination. Social and economic rights are often protected too, and should be in Northern Ireland.

5. How would a Bill of Rights work? A Bill of Rights would allow people to go to court to have any laws, practices or decisions which appear to violate their rights declared invalid. Once declared invalid, people would no longer have to abide by those laws, practices or decisions and, if the court agreed that some loss had been suffered as a result of the violation of rights, it could order compensation to be paid.

6. Who would enforce a Bill of Rights? A Bill of Rights could be enforced by the judges who operate the existing court system in Northern Ireland or by people specially appointed to perform the task. Canada has adopted the first option, South Africa the second. The important thing is that whoever enforces the Bill of Rights should be properly trained in that field of law.

7. Would a Bill of Rights guarantee rights absolutely? No. Almost every right has to be limited in some way or other, usually because of a conflicting right of other individuals or of society as a whole. For example, the right to free speech does not carry with it the right to stir up ethnic hatred and the right to liberty does not mean that a convicted criminal can never be imprisoned. The balancing of rights is often a very delicate matter, but at least a Bill of Rights provides a sound framework within which to debate where the balance should be struck on any particular controversy.

8. How could Northern Ireland get a Bill of Rights? There are a variety of ways in which a Bill of Rights could be introduced. It could be made by parliament in the same way as any other Act, or it could be made by parliament under a specially adopted procedure, such as one which requires the support of two-thirds of all MPs. Alternatively a Bill of Rights could be made by an elected Assembly in Northern Ireland if parliament at Westminster gave it that power. No matter what way the Bill is made it could then be submitted to the people of Northern Ireland for approval in a referendum.

9. Does a Bill of Rights have to await a political settlement? No. A Bill of Rights is not about the distribution of power between political parties, nor about who should govern a society. It is about the protection of people’s rights regardless of who holds political power. A Bill of Rights would therefore not affect the constitutional position of Northern Ireland. In fact all political parties in Northern Ireland are in favour of having a Bill of Rights

10. Would a Bill of Rights help make peace in Northern Ireland?

Yes. A Bill of Rights would reassure people of all political persuasions that, whatever the political future of Northern Ireland, their rights and freedoms will be guaranteed protection and they will be treated fairly. It would help to establish confidence in the justice system and assist in paving the way towards a non-violent settlement of differences. It would not, of course, solve all of Northern Ireland’s problems but it is an essential ingredient to a lasting solution.

11. If there were a Bill of Rights, would there still be emergency laws?

Possibly, but they would have to conform with the standards set out in the Bill of Rights. The Bill of Rights would help to make sure that the emergency laws did not themselves improperly breach rights and freedoms.

12. How could a Bill of Rights be changed? The method to be chosen for making alterations to the Bill of Rights partly depends on how it is originally made. If, for example, it is originally made by parliament then it should probably be changed by parliament too, but if the Buill is originally approved in a referendum, then any changes should probably also be approved in a referendum. The Bill itself should indicate how it can be changed and which parts, if any, are to be immune from change.

13. Could a Bill of Rights be abolished?

In theory, yes. It is impossible to make laws that can never be abolished. But it is possible very strongly to discourage abolition of the Bill of Rights by inserting into it a clause saying that it is to remain in force even if future laws expressly say that it is to be abolished.

14. Do other countries have a Bill of Rights? in some form or other. This includes all countries in the European Union and all countries in the Commonwealth.

[reproduced from leaflet distributed by the Committee on the Administration of Justice, 45/47 Donegall Street, Belfast BT1 2FG]

————————————————

Meath Peace Group Report 28 (1998). Compiled by Julitta Clancy. Talk videotaped by Anne Nolan The Meath Peace Groupis a voluntary group which was founded in April 1993. Aims include: 1) Promoting dialogue, understanding, mutual respect, trust, co-operation and friendship between people North and South. 2) Encouraging and facilitating ordinary people to recognise their role and responsibility in helping to promote peace and understanding. Contact names(all in Co. Meath): John and Julitta Clancy, Parsonstown, Batterstown; Anne Nolan, Gernonstown, Slane; Pauline Ryan, Woodlands, Navan; Philomena Boylan-Stewart, Longwood; Michael Kane and Paschal Kearney, An Tobar, Ardbraccan, Navan

(C) Meath Peace Group; re-posted to website 2 October 2014 [Julitta Clancy]

 

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1997
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1997 – No. 27: “Nationalism and Republicanism – A Vision for the Future?” – report
Posted by Cian in Public Talk Full Reports

27. “Nationalism and Republicanism – A Vision for the Future?”

Tuesday, 18th November 1997

St. Columban’s College, Dalgan Park, Navan, Co. Meath

Dr. Martin Mansergh (Head of Research, Fianna Fail; Special Adviser to An Taoiseach Bertie Ahern)

Anne Speed (member of Ard Chomhairle, Sinn Fein)

Cllr. Alex Attwood (Leader of SDLP group on Belfast City Council)

Proinsias de Rossa, TD (Leader of Democratic Left)

Chaired by Brendan O’Brien (Senior reporter, RTE)

Contents:

Introduction (chair)

Addresses of speakers

Questions and comments

Appendix: Brendan O’Brien: “Understanding the Political Margins”

Biographical notes on speakers

Introduction: Brendan O’Brien (Chair): “Thank you all for coming …..The four speakers we have here tonight span the spectrum of nationalist opinion and nationalist political thought on this island . It is very appropriate that they should be here at this particular stage in the peace process and in the talks that are going on in Northern Ireland. What they have to say will be very interesting and very directly relevant to the kind of political dialogue going on inside and outside the negotiating chamber in Stormont …..”

1. Dr. Martin Mansergh (Head of Research, Fianna Fail, and Special adviser to the Taoiseach):

“I would like to thank and congratulate members of the Meath Peace Group for their active involvement in and support of peace for some time past. The weight of public opinion behind the principle that political differences must be resolved solely by peaceful political means has been one of the most decisive factors in the peace process, without which very little could have been achieved.

“I am not one who sees a healthy Nationalism and Republicanism, or indeed a healthy Unionism and Loyalism as an obstacle to peace. Whether we like them or not, we have to harness the forces that exist in our society and on our island in a positive way, not abandon them to those that would misuse them, or try to reject and isolate them, even when they are willing to participate constructively.

“Even though the nation and the State are not coterminous in Ireland, the Republic is nonetheless a nation State, the unit which is the basic building block of the international community, including regional organisations such as the EU. In the developed world, nations have by and large ceased to fight each other, but they still compete economically, in culture and in sport and in other ways. They also co-operate in establishing a framework for constructive and mutually beneficial interactions. Nationalism in such a context is pride in country, in its distinctive cultural qualities, a desire for it to do well, a desire to achieve the highest possible quality of life, that is inclusive of all its people.

“All European opinion polls show that the Irish compared to others have an exceptional pride in their country. Much of our history has been unhappy. But we established our independence, and despite many difficulties, setbacks and mistakes along the way, we have in 75 years transformed our country. Recent progress has been spectacular. If we can sustain the path we are on, we can catch up with and maybe even overtake many of our wealthier partners. Let us hope that in raising our standard of living we can ensure a higher quality of life for all. While a rising tide is lifting many boats, we also have to build channels to make sure it reaches everywhere and that no one remains stranded.

“The greatest Irish political philosopher, Francis Hutcheson, of Ulster Presbyterian stock, who taught in Dublin and Glasgow, and who was one of the leading figures in the Scottish Enlightenment and who had a great influence on the American revolution, insisted on the accountability of rulers to the people who had the right to replace them. He believed the best State was a small Republic, where people and governors would be close to each other.

Republicanism: “A Republic is a democratic system, where both the Government and the Head of State are elected. In a Republic, sovereignty is vested in the people, not in a monarch or in parliament. We are not subjects, but citizens. There is little doubt that a Republican democracy, provided a sense of idealism can be maintained, as has been successfully achieved for over 200 years in the United States, is equal if not superior to any other.

“If we believe that in the past our Republicanism or our Nationalism was too narrowly based, then the answer to that is to broaden out our understanding of them, not to abandon them.

“The Republicanism on which this State was founded was overwhelmingly democratic in character. The United Irishmen were democrats, who wanted to forge a national identity out of a union of members of all denominations. Young Ireland, the Fenians, the leaders of 1916, Griffith, Collins and de Valera all sought to establish a national democracy, even if some elements of that might have been curtailed in time of conflict.

Concept of ‘the nation’: “The concept of the nation has undergone many transformations in Irish history. We have had a Catholic nation, a Protestant nation, the nation of the United Irishmen and Young Ireland, and the historic Irish nation based on the primacy of a Gaelic past. Today, our concept of the nation is a more pluralist one, with some uncertainty and debate as to whether or not it does or should include Northern Unionists, many of whom say they do not consider themselves part of it, at least in the political sense, because they are British.

“A right and developed understanding of key concepts such as Republicanism, Nationalism and indeed self-determination and consent is in my opinion vital to the establishment of peace.

Majoritarianism: “As all the classical writers on democracy the American Federalists, Alexis de Tocqueville, John Stuart-Mills taught, pure majoritarianism without regard to the rights of permanent or semi-permanent minorities is not democracy. No matter how much Northern Nationalists have a justified grievance and feel cheated by what happened in 1920-1 and subsequently, in other words the fact, manner, and experience of partition, a reversion to 1918 and an all-Ireland majoritarianism is not going to solve the problem now of a divided Northern Ireland, as Seamus Mallon pointed out forcefully at the SDLP Conference on Saturday. The majority on this island has neither the power nor the right to beat Unionists into submission, and, as de Valera accepted as far back as the summer of 1921, coercion is not going to work against Unionists, any more than it has worked against Nationalists. Once it is accepted coercion is both in principle wrong and as a matter of verifiable fact does not work, then all resort to violence to achieve or further political aims is clearly wrong and unjustifiable in every sense. If talks fail, other methods of political advance have to be explored.

“It may well be that recent remarks [of Cllr. Francie Molloy, SF] were taken out of context and there has been welcome clarification, because if to go back to “what we know best” were to mean a reversion to armed struggle, it would be not only a general disaster, but a devastating recognition of political defeat.

“In 1923, mainstream Republicanism which had been defeated in this jurisdiction abandoned violence, and the overwhelming number resolved single-mindedly and with clarity of purpose to pursue their aims by exclusively democratic means. It has literally never looked back. It would be my hope, that Northern Republicans, having established a strong political base, will be able to follow the same path, which to my mind is the only path that has any chance, though no certainty, of leading in time to a united Ireland achieved by agreement.

United Ireland: “The entire peace process, the Downing Street Declaration and the Framework Document are based on the proposition that a united Ireland achieved by peace and agreement is an entirely legitimate and respectable aim, as indeed is any other outcome of the free exercise in concurrent self-determination without external impediment.

“While there is a widespread recognition that the conditions are unlikely to be present any time soon, I regard it as unhelpful, when people inside or outside the jurisdiction appear to say that people should abandon entirely and forever any thought of a united Ireland, and recognise that it will never happen. That is shaking one of the pillars on which the peace process is based. None of us have the gift of prophecy. As a country that was unjustly partitioned, we have every right to seek eventual Irish unity peacefully and by agreement. I well remember in Germany in the 1980s elements of the German Left pouring scorn on the notion that there would ever be German unity. They were proved wrong quicker than anyone expected, though I of course accept there are many important differences in the Irish and German situations.

“Any united Ireland of the future would be as different from notions of it in the past, as the united Germany of Chancellor Kohl is quite different in nature from that brought about by Bismarck. It is not in any case an immediate prospect. If it is to be achieved, it will be peacefully and by a process of natural evolution. Peace, justice, reconciliation and mutually beneficial co-operation must all come first. The people of this State would only want a united Ireland, if it was on the basis of much greater agreement and harmony than we could have at present. There is no desire whatever to spread conflict, division and instability into the entire island.

“As far as any definition of the nation is concerned, and that has been fluid in the past and will continue to be so in the future, our best approach perhaps is that reflected in our nationality and citizenship laws. The door is open to anyone from the North born after 1922, who wants to be Irish and declares themselves to be such. We do not force Irish citizenship on those who do not want it or reject it. There are no neat or tidy lines. All-Ireland loyalties exist in most of the Churches, the trade unions and sporting organisations.

“Are not even those who serve in the Royal Irish Regiment carrying some kind of national label in their title? That point was also part of Lord Brookeborough’s objections to the title of Northern Ireland, arguments which the British Government of the time refused to accept. In the future, with a single market on the island, under a common currency, business activity will inevitably have an important all-Ireland dimension.

“Among Unionists, political allegiance is to Britain, but even leaving aside immigration since the 1950s, Britain is a multinational State that includes three nations and part of a fourth. David Trimble has an alternative conceptual framework to the Irish Nationalist one, when he uses the term Ulster British, which, as he explains it, incorporates Ulster English, Scots, Welsh and Irish, which is an overarching identity encompassing four nations at one remove. By the open door approach, which leaves us open to development in the future, we do not give up on the common name of Irishman or Irishwoman, nor do we reject anyone, but equally we do not force a particular label on those who do not want it even as part of a dual identity.

“We should not regard as absolutely predetermined future evolution or choices with regard to identity, especially when that identity was viewed in a number of different ways in the past. We should not fall into the trap described by the old Soviet bloc joke, “The past might be unpredictable, but the future is certain!”

“When Eamon de Valera visited St. Columba’s College, Rathfarnham in the 1930s, he was told by the headmaster that the pupils regarded themselves as British. That all changed in the space of a generation. When King George V opened Stormont in 1921, he appealed to all Irishmen to pause and reach out the hand of reconciliation. I for one will never warm to a “two nations” theory, which largely predetermines one’s nationality according to religion and ancestry. It excludes rather than includes, and I see nothing particularly pluralist about it. We should not treat the Irish identity in the North as exclusively the property of the Nationalist community. There is a wider Irish dimension, as was recognised by the Unionist founders of the Irish Association for Economic, Social and Cultural Relations, Lord Charlemont and Hugh Montgomery.

“I am convinced that as this State blossoms and flourishes in all directions more people in the North will want to participate for some purposes at least in national life. Two days ago I attended a 1798 Commemoration Committee meeting in Dublin, and there is a high level of interest in it in the North across the community. At the Presidential inauguration I met Councillor Harvey Bicker from Ballinahinch, who introduced himself as Chairman of the County Down 1798 Commemoration Committee. The Presidential election showed that we are open to the Northern contribution at the highest level. The SDLP even passed a resolution at the weekend calling for Northerners to be allowed a vote in it. As a Senator of long standing said to me last week, the election was a boost to Southern Nationalism, a healthy nationalism, just as much as its confidence-building impact on Northern Nationalists.

“We must complete the move away from political beliefs or identities that are carried to such extremes that they justify violence against one’s neighbours. Many -isms, capitalism, imperialism, communism, nationalism, have caused huge casualties this century. We need to develop identifications, which are consistently civilised and humane in their attitude to and treatment of others and which do not go beyond legitimate democratic bounds.

“This island has huge potential, if we can overcome the conflict and find a reasonable accommodation, that will provide the basis for peace, stability and reconciliation. The talks are moving towards a phase of what I hope will be serious engagement, bilaterally and multilaterally. We need to encourage all those seriously committed to the process, and to indicate our lack of patience, with any talk of opting out or backsliding from any quarter. We must approach the many inevitable difficulties with patience and with a willingness to try and find solutions or ways round them. Thank you.”

Brendan O’Brien: “.. Thank you very much indeed for a very interesting speech which has opened up a number of absolutely critical areas which I hope some of the other speakers will address…. Dr. Mansergh told us that there was no coercion of the unionists, and this was also de Valera’s policy, but he also said that there was no returning to the majoritarianism of 1918 and that nationality or the concept of a nation was fluid, which is not where a lot of leading republicans were in 1918 and it is not where a lot of them are today. Because fluidity and different options of nationality is at the heart, it seems to me, of the current process in order to try and arrive at an agreement from decisions that are not fixed in the first place. He did put his finger on one of the most current questions which is before us at the moment which is whether or not, on the republican side, the IRA will return to armed actions if the negotiations are not successful. Certainly what was said in Cullyhanna, South Armagh, at the weekend, that the republican movement would return to “what they know best” was clearly understood locally to mean a return to armed action if the talks did not succeed…. That is not to say that he was speaking with authority for the IRA , which obviously he wasn’t, but the rhetoric which was used was understood in that sense.

“So with that air of reality facing us at the moment, I’d like to introduce Anne Speed.

2. Anne Speed (Sinn Féin)

“I’m not here to speak for the IRA – I’m here to speak for Sinn Fein. But I can say on behalf of every republican that I know, and even those that I don’t know, all are deeply committed – deeply, sincerely and fundamentally committed to the peace strategy which we’ve adopted. We’ve worked hard at this peace strategy for over ten years and if it takes us another ten years to complete that process, we are committed to that…. We are seriously attempting to engage in the talks at Stormont; unfortunately the major unionist parties are not. The minority unionist parties or the loyalists are, to some extent, conducting a form of dialogue, but when it comes to Mr. Trimble, he sends in his representatives but even they don’t engage in any dialogue across the table (Mr. Paisley isn’t there as you know). We are entering a series of bilaterals via the chairman, Senator Mitchell, and we are hopeful that will open up some developments, but it remains to be seen. Republicans are there with serious political intent and we will continue on that road.

“Brendan pointed out in his remarks that we didn’t want to return to the majoritarianism of republicans who lived and struggled at the beginning of this century, but I want to remind Brendan and everyone else in this room, that not all republicans who lived and struggled were conservative. If you read the Proclamation you will find it is one of the most radical documents of our time, and I have yet, outside of our own party, to see a political party adopt a manifesto or a political charter that contains all or some of those basic fundamental principles.

“But let’s move on to 1997 – the kind of agreed and united Ireland that we wish to see will be based, we hope, on the six fundamental principles on which we have based our political programme and on which we base our political practice. They are:

• We adhere to the notion of separatism. By that I do not mean the isolationism of the 1930s or 1940s. We’re talking about breaking the connection with Britain and exerting the right to self-determination, we’re talking about the establishment of a 32-county Irish republic.

• We believe in anti-sectarianism: we wish to substitute the common name of Irish person in place of Protestant, Catholic and Dissenter. We believe that sectarianism serves British interests and that republicans have a responsibility and a political duty to promote anti-sectarianism but we believe that this cannot be addressed within the present six-county state.

• We are also committed to secularism: that is we want to see the complete separation of church and state, and we want to avoid domination by any one religious group in any 32-county state.

• We believe in socialism: the ownership of Ireland by the people of Ireland, and the subordination of the interests of private property to public right and public welfare. Socialism must create a vision of freedom and democracy in Ireland and it depends on the democratic participation of all the people to succeed.

• We believe in feminism: men and women are born equal. Society must regulate itself to ensure this equality and there can be no real national freedom without women’s freedom.

“All of that amounts to our vision of Irish republicanism which we believe is a progressive, radical and relevant political analysis, and we believe that it should and must include all the people of Ireland.

Way forward: “Now I wish to address three basic arguments we would make in terms of the way forward: we would say that:

      1. partition has failed,

      2. that in moving forward self-determination is the key, and

      3. we would argue that there are benefits resulting from Irish unity.

1) Partition has failed: After 75 years of partition it is universally accepted that the division of Ireland has damaged the political, social, economic and cultural development of the island. The Northern state is a failed entity – in this we agree with Fianna Fail – which has depended for its survival on discrimination, repression and injustice. There has been an absence of democracy in this state and the cost in human and economic terms has been enormous. Over 3, 000 people have been killed, many more have been injured and crippled, the scars of sectarianism, division and fear run deep. Since 1969 it is estimated that the military costs of the North for Britain have been between 20 and 25 billion pounds. The drain on the 26 counties has also been substantial – here too citizens have been killed and injured. In 1994 it was estimated that since 1969 the Dublin Government had spent over 2.5 billion pounds on security. In real terms this means that annually the Irish government has been spending twice as much on maintaining the border as it has on its budget for the Industrial Development Authority.

“Apart from the political conflict and sectarian divisions which partition has reinforced, the social and economic consequences have been disastrous for working people North and South. As the New Ireland Forum stated, the division of the island has been a source of continuing cost, especially for trade and development in border areas, but in general also the two separate administrations have borne this cost which have been pursuing separate economic policies on a small island with shared problems and resources. The North was not, is not, and never will be a natural economic or administrative unit, and its separation from the rest of the island, resulting in separate approaches, rather than a single policy for each sector, without provision even for joint planning or capital investment programs, has had heavy economic penalties. In addition, there has been duplication of effort at official and private levels and an absence of economies of scale in the transport, tourism and energy sectors and in the health and education services.

“With the opening up of the peace process, we are attempting to deal with those, to grapple with those, in terms of cooperation between the social partners, between the trade union movement, in the community organisations, but in the absence of a political settlement, these efforts will not come to their fruition. “One obvious example of this failure has been the way in which the Industrial Development Authority in the South and the Industrial Development Board in the North each compete throughout the world, seeking to attract multinational industries, and occasionally pushing up the cost to their respective economies by bidding against each other. The consequence of this is that each economy has to carry extra costs in funding these programmes. The border counties have also been devastated by partition. They divided up naturally-balanced local economies, depriving them of the ability to be commercially viable. Partition destroyed businesses on both sides of the border, increased emigration and rural depopulation as families moved to urban centres. Clearly, as far as we are concerned, partition has failed the peoples of this island, nationalists and unionists. It has failed for the British too. The political structures and institutions in the North, born out of partition, failed the democratic test.

2. Self-determination: “We believe that self-determination is a key human and civil right. If the peace process is to be both meaningful and enduring it must address the root causes of the conflict. The refusal to allow the Irish people to exercise our right to self-determination has been and remains British Government policy. That policy is the root cause of conflict in Ireland. This policy, in conjunction with the economic, repressive and discriminatory measures taken to maintain it are the causes of division in relationships within the Irish peoples themselves and between Ireland and Britain. Self-determination is universally accepted to mean a nation’s right to exercise the political freedom to determine its own social, economic and cultural development without external influence and without partial or total disruption of the national unity or territorial integrity. These criteria are not observed in Ireland. We believe that British Government policy has stunted and eroded the social, economic and cultural development of Ireland.

“We had a trades council meeting last Saturday with a panel of speakers. One of those speakers was Billy Hutchinson. As you know Billy Hutchinson has played a leading role in the conflict – in the pursuance of the conflict and hopefully in the resolution of the conflict. He described himself as politically British but culturally Irish. He described how his family had emigrated to Scotland for employment, how he had deep connections there, and how he felt that this influenced the way he looked at the world. A couple of speakers from the audience talked about their families emigrating from this part of Ireland because of economic circumstances, how they too had connections with Britain, how republicans were quite prepared to share the jurisdiction of this island, the administration of this island, the political and economic problems of this island. The difference was that in Billy Hutchinson’s part of the island, the jurisdiction of Britain had remained and how here it had ended 75 years ago. That remains the key difference – who should decide these matters? Who has the jurisdiction? Is it Billy Hutchinson and Anne Speed or is it Tony Blair? That’s the key issue as far as republicans are concerned.

3. Benefits of Irish unity: “We believe that there are benefits of Irish unity. We believe that there is no longer any economic advantage for those who used to benefit from partition. In recent years an increasing number of business and financial institutions and individuals have come to the realisation that an all-Ireland economy can be of enormous benefit. In 1991, IBEC and the CBI established a joint business council to promote cross-border trade, business co-operation and development. “The Council subsequently commissioned a corridor task force to promote the development of an economic corridor along the east coast of Ireland. In his opening remarks to the conference, the Council’s chairperson, George Quigley of the CBI, described the corridor project as the unblocking of a vital artery which increases the flow of oxygen, and enables the heart of the island, the whole economy to function more efficiently. Business leaders, economists and politicians now support the formation of a single economy through the island and this general theme, which is at the heart of republican politics, has been increasingly taken up by others. In an island of 5 million, as we face into a single currency, a unified financial system, tax harmonisation and so on, make absolute and utter sense.

“Other aspects of economic development, such as infrastructural development, electricity generation, tourism, agriculture, fishing, rural development and much more can be advanced and can significantly improve the standard of living of all the people on the island of Ireland. I am particularly addressing these issues as I work in the labour movement and I know from that work what the real benefits of an agreed and united Ireland can be. If the economic benefits are there, if the social benefits are there, then we have a political responsibility to create the political system that allows that economic development to progress.

“Are we not more capable, do we not have a greater incentive than British ministers who fly in and out and on and off this island to determine the needs and harness the resources and make the decisions necessary to improve the quality of life of our people? We don’t need British ministers to rule us. We Irish in this room are well able to agree our own future and dictate the direction which it will take, and by that I mean unionist and nationalist. We believe that nationalists and unionists, republicans and loyalists can do a much better job of running our economy, of running this island, of using all the resources in the interests of the ordinary people of this island and looking after our health service, our elderly, our young, our urban and rural communities, than any British Government residing at Westminster. Freed of the shackles of partition and division and foreign interference, we believe we can transform Irish society. We can create new political alliances among the people of Ireland, and perhaps there will be occasions when I will agree more often than not with Proinsias de Rossa. At the moment we don’t agree, but I am quite sure on a number of social and economic matters, given a new political framework, that we will find more to unite us than separate us, that we can remove inequalities, tackle poverty, redistribute wealth and protect civil and religious liberties. This is our vision of a new Ireland. This new society can we one in which we can live together in mutual respect and work together in mutual regard and partnership, a society in which peace is not a mere interlude between wars, but an incentive to the creative and collective energies of all the people of the island of Ireland.

Vision: “This is what we are committed to. This is what our vision is. This is what we are going to aim for. We are not going to talk down our aspirations. It has been suggested to us that this is not a vision which we should strive for now, but put on the back burner for a later stage. I believe – I’ve always believed – that if the vision of this state were put on a back burner, we wouldn’t have the freedom we have and our forebears would not have struggled and fought and created the democracy that we do have and the rights that we do have in this state. So we say, as Irish republicans, the time is now, our aspirations are just and valid and we intend to go forward to seek to achieve them. Thank you.”

Chair (Brendan O’Brien): “Thank you very much indeed. As Anne said, she and Proinsias de Rossa don’t agree on some of the fundamentals but I think it is a very good thing that we have the two of them together on this platform. It does illustrate the degree to which things are moving on this island although we sometimes take these things for granted. One of the things Anne did say was that the key question was the question of self-determination and quite obviously it is. But different people have different views of what that means, and it does seem to me that in relation to the main topic here tonight – “Nationalism and Republicanism – A Vision for the Future” – there has yet to be a coming together as to what that self-determination is. .. It does seem objectively that the broad range of nationalism, as represented by successive Irish governments and the majority of nationalists in the north have come to the view that there ought to be a separation of a kind between north and south – in effect that the separate jurisdiction of Northern Ireland ought to have a separate right to opt in or opt out of an all-Ireland state of some form. That in itself is a very radical thing, but quite clearly, as Anne has spelled out, her party doesn’t take that view, and in order to arrive at a vision for the future amongst nationalists, whatever about nationalists and republicans, there is a further journey on the road, clearly, to be made in that regard.

“I would like to introduce now our next speaker – Alex Attwood, leader of the SDLP group on Belfast City Council:

3. Cllr. Alex Attwood (SDLP):

“Thank you. I welcome in particular Anne’s recommendation to the content of the New Ireland Forum Report on the economic effects of violence and I just hope that in future when that document is invoked as an authority, it is invoked in full, when it talked not just about the economic and social costs of violence, not just about the costs of maintaining the military establishment in the North and around the border, but it also talked about the human costs of the violence and that people remember that a document that is now being invoked as an authority when it comes to analysing the conflict on our island, was written at the very time [1984] when some people unambiguously supported the use of armed force in our country and at the very time when some people had an armalite and a ballot box strategy.

Obligations of nationalists and republicans: “You’ll have to forgive me – my content tonight is going to be more limited than the content of Martin, Anne and even of Proinsias, and that is to take up the theme mentioned by both your chair and Martin earlier, about the obligation to make sure that this peace, and this political process, come to fruition, because the last peace, so-called, the last cease-fire, collapsed for many reasons, some of which were default, some of which were lack of attention, whatever they might be. I think it’s important that we acknowledge the situation that we face at the moment and the obligations that we have over the next six months up till May. And that’s going to be the limit of my vision tonight – it’s not going to look into the future or the next millennium – I am merely going to look at the obligations that we have over the next six months, as nationalists and republicans.

Understanding the debate in unionist community: “The first obligation we have is actually to the unionist people. Over the next six months we have an obligation to understand the dynamic and danger of what is going on within the unionist community at the moment. Because it’s quite clear that there is uncertain and undeclared civil war being fought out at the moment within the unionist community, between those, on the one hand, who resist all change, and those, on the other, who accept change, even if they’re not prepared yet to fully accept the consequences of the change that we desire. “We need to understand that debate and conflict that’s going on within their community – because it’s only by understanding that debate and conflict that we might be able, all around the table at the talks in Stormont at the moment, to see that process to some fruition. It’s quite clear in my view that there is that sort of civil war being fought within their ranks. On the one hand you have the church, commercial and community leadership who are prepared to accept change, who demonstrated time after number at the Forum for Peace and Reconciliation that they were beginning to define themselves not just in terms of the Union and the North, but also in terms of North – South.

Critical mass who want to accept change: “John Hume, speaking at the weekend, said there were 2, 000 businesses in the North who now have North-South trading links. That is only an insight in my view into an element that is beginning to develop critical mass within the unionist community generally who want to accept change and re-define themselves in terms that previously they would not have considered. That critical mass, uncertain and under threat that it is, needs to be understood by nationalists and republicans in order that it comes to fruition and agreement. Because on the other side to them, you have those elements within unionism who resist all change – who are represented in Harryville, are represented in the marching conflict, are represented by those who are not in the talks and are represented by those who planted the bomb in Dundalk last night. We need to support those who are trying to move forward and be aware of the difficulties that they face as they try to move forward. That does not mean that we indulge the tactic being used by David Trimble and others whereby they have gone into the talks building but have not gone into talks. And Anne is quite correct in her analysis of what the Trimble leadership, at least up to this week, has done in going into negotiations. Because all they’ve actually done is gone into presentations of a minimum policy position that doesn’t move the thing forward at all. That must not be indulged, it has to be challenged, and has to be focused by the British Government, the Irish Government and the talks chairs to ensure that they actually move into negotiations. But nonetheless we have to see the wider dynamic, I think, as nationalists and republicans of what is going on in that community, and that is going to be very important over the next six months.

Republican community. “The second thing I’m going to talk about is what’s going on within the republican community at the moment. Clearly some people somewhere don’t like some of the peace. We have to also understand some of the dynamic and some of the danger of what is going on within the republican community at the moment.

“The first is that whatever the media might report and whatever the difficulties, real or imagined that might be within the republican community at the moment, the republican community does not believe in the advantage to war, does not want to live with the cost and consequences of war and has clearly demonstrated over a long time that they will sustain leadership that wants to move that community away from war. That in my view was one of the powerful elements that led to the first cease-fire, and it was also one of the powerful elements that in the event of the breakdown of the first cease-fire ensured that the IRA was constrained in what it militarily did, because they knew that their own community was resisting the direction in which they were going. And I think that still is very strongly the case – that the republican community does not wish to return from whence it came, and it is also my judgment that the current republican leadership intends this IRA cease-fire to be permanent.

Local difficulties: “But we must also acknowledge that there appears to be some minor local difficulties. Tomorrow’s newspapers will be full of what happened in Armagh and Lurgan tonight where for the first time since July in republican areas there have been armed and hooded people on the ground hijacking vehicles and burning them. All to do with the Colin Duffy situation. And there’s going to be hysteria tomorrow because of that – just as there are some doubts about the IRA cease-fire because of what someone in the Police Federation said today, or because of what some of the media have been reporting over the last while. Now in my view, we must not get that out of context, and it must not become exaggerated. Because in my view those who may have some dissatisfaction within the republican movement at the moment know that their own community does not want a return to war – they know it, and they know as a consequence that they cannot seriously organise or seriously prepare for a return to war. But the problem is, that if within the next six months, that constituency does not see the negotiations, not necessarily coming to a conclusion, but at least beginning to come to fruition, then a situation could arise – not likely, but nonetheless could arise – whereby a constituency who had resisted a return to war, there could be elements within that constituency who could say that that talks process was a sham like the previous one, that previously the British Government wouldn’t confront the unionists outside talks and this British Government wouldn’t confront unionists inside talks. In that situation there could be a constituency within the republican community generally who, led by some disaffected and marginal elements, could create a problem. We have to be very conscious as a consequence of the obligation upon all of us to ensure that that talks process or the concept of talks generally is developed and developed rapidly into some sort of dynamic process, because at the moment it has yet to enter into a dynamic process as opposed to being a process per se.

Vision for the future: “The third thing is that we as nationalists and republicans within that process have a number of obligations. I noted very carefully the six themes that Anne introduced. Well I will introduce six themes as well, about the obligation of nationalists and republicans around the negotiating table over the next six months. This I think is a nationalist and republican vision for the future – one that we can begin to unite around now and that can inform us into the future:

1. Exclusively territorial perspective is over: “Every nationalist and republican around that table and on this island should accept what the New Ireland Forum said in 1984 – namely, to put a formal and final end to an exclusively territorial perspective on the conflict in our country. That’s one of the things we have to decide and agree on – that an exclusively territorial perspective on our conflict is over. Because we all know about the historic territorial perspective that everybody, or at least many people, including myself, in this room would have shared in years heretofore – about ‘Brits out’, the ‘fourth green field’, about ‘Irish unity or nothing’. That mindset and that concept – which may have had more relevance in the past but clearly has less relevance today – that mindset has to be purged and we have to think afresh on the conflict.

2. Nature of the conflict: “Arising from that, the second theme must be, that whatever the historical reasons that gave rise to conflict, whatever British economic, strategic and selfish interests might have been in our country, the conflict today in its modern expression is a conflict between two identities – that which calls itself British, and these are in general terms, and that which calls itself nationalist – between unionist and nationalist. Between those who primarily have a British way of life, a British identity, loyalty to the British Union and the British Crown and probably most people in this room who call themselves Irish, have an Irish identity and way of life, and who wish to share in the life of the rest of the Irish nation. That must become how we view our conflict now.”

3. Coercion has no place: “The third theme, that wasn’t mentioned by Anne, is that coercion has no place in resolving our political conflict. That must be something around which nationalists and republicans must unite in all the difficulties which are going to be immense over the next six months.

4. Self-determination: “The Irish people have a right to self-determination. It is only the people on this island who have that right, but that right has to be expressed subject to a principle …. that it must have the consent and agreement of a majority in the North, and that as a consequence there will be a valid expression of the Irish peoples right to self-determination when a majority representing both communities in the North and a majority on the island, representing the Irish peoples right to self-determination, vote in support of an agreement. That has such critical and moral legitimacy that what the Irish people vote for is honoured by all, even if it is opposed by some, it is honoured and respected by all, because it is the Irish people who have sovereignty.

5. Facing realities: “We have to face up to some realities within the talks process, about our vision for the future. That is, that our vision for the future is not going to be delivered in the middle of May, when those negotiations come to fruition, and it is not going to be delivered when the Irish people, in an expression of self-determination, vote for whatever is agreed. That in six months time, or in nine months time – that is only part of the process of building vision in our country. We will not, in six or nine months time, have on the table everything we want as nationalists or republicans, or even as unionists, but we will have a process – a process that can develop and mature in time.

North-South co-operation: “John Hume, speaking at the [SDLP] conference at the weekend, gave only one example of where that process might go, and it is only one example, a narrow example, and it is not an example that gives satisfaction to my political aspiration or political identity, but it does give an insight into some of the direction we’re going to have to go in six months and thereafter. He said that a key part of the way forward, though not the only one, is to build a North-South co-operation towards a fully functioning all-Ireland economy. Europe through the Single Market has created an economic space where we can grow together instead of dwindling apart. In almost every sector the main groupings and interests on both sides of the border are calling for a more integrated, harmonised and united approach to marketing, to planning, to taxation and to regulation. This is not some meaningless and trivial sop to the nationalist entity as some unionist leaders seem to understand it. No, it is the minimum which is necessary to enable us, unionists and nationalists alike, to compete and survive in the modern independent world of real lives and real jobs. All Hume was saying was that if the unionists think that in six months time there is going to be a package of proposals and that is it, then they are sadly misled, because their own community, in the commercial, community and church leadership, have already defined themselves in a different way, and their business sector has defined itself in the way Hume was talking about. We need to be aware in our minds and in our political judgments that what arises in six or eight months time, or whenever it might be, is not the end, but is a package as part of a process where it can develop and mature by agreement over time as the Irish people deem fit. When that happens, then control, or much more significant control, will be vested in the Irish people about how we determine our destiny.

(6) Window of opportunity: “One final thing I want to say, to move away from what Michael Collins said the practical politics of our time” – and forgive me if I am too involved in the practical politics of our time and not involved in the vision-making that other people might have wanted to hear. I think those points need to be heard at this time, because we do have a window of opportunity that to some degree is time-limited, that to some degree is events-limited, and which places obligations upon those in government, and those outside the formal political process, in order to ensure that the peace process and the political process is sustained.

Breaking the bondage of fear: “The ultimate vision I have is something which Fergal Keane talks about in his book on South Africa, The Bondage of Fear, when he asks how do people overcome their fears?“, in South Africa, just as how do we overcome our fears in the North, because the fears on both sides are equal and great. At the opening of the book he poses the question, and at the end he answers the question. He starts by quoting Alan Patton from Cry the Beloved Country:

“For it is a dawn that has come, as it has come for a thousand centuries never failing. But when that dawn will come, of our emancipation from the fear of bondage and the bondage of fear, why that is a secret.”

“In April 1994, the South African people answered that question, as ultimately the people on this island will answer the same question. At the end of the day, the South African election was not about the details or even the percentages of victory and defeat. It was about something much greater – the triumph of the human spirit. It was as if the South African people – black, white and brown – had taken a collective deep breath and blown away the blinding cobwebs of the past. In the final analysis it was they who had reclaimed their beloved country, they who had broken the bondage of fear. Thank you.”

Chair (Brendan O’Brien): “Thank you very much Alex. You needn’t apologise for concentrating on the next six months because that was obviously an extremely authoritative insider view of some of the realities facing the people across the table in the talks … [Alex] also addressed himself directly to nationalists as to whether or not they should curb the mindset that unity is about territorialism. … On how self-determination is to be exercised, Alex has put his finger on the heart of what this process is about … that is the question of North-South, and, as it is expressed in the various documents – the Downing Street Declaration, the Framework Document, the Ground Rules document which governs the talks – which says there will be referenda North and South, in two separate jurisdictions, putting effectively the same question, putting a settlement to the people, and both governments have committed themselves to effectively standing back making constitutional change and leaving the constitutional future of Northern Ireland in the hands of a majority of its people. That focuses in effect, in layman’s terms, on a separate right of self-determination by the people of Northern Ireland . That does put your finger on the nub of it. And he raised this question as to whether or not the IRA cease-fire is permanent, and his belief was that the leadership intended it to be permanent – and I would agree with him on that. But in putting his finger on this question of territorialism versus a new form of self-determination divided North and South, that is exercising the minds of a lot of people within the republican movement and within the IRA. “In particular they are putting their finger on the Mitchell Principles which Alex doesn’t mention but he does raise in saying that he hopes that everybody agrees to work the settlement even if they don’t vote for it or agree to it. At the heart of the dissidents within the IRA at the moment … is that very question – that if Sinn Fein and the republican movement have signed up to the Mitchell Principles, they have signed up to a formula of peace and not to oppose any settlement that they disagree with by force of arms – only to oppose it peacefully. That is a debate that’s going on – it will determine whether or not armed struggle is over for the majority or for the few or how that works out. That is an absolutely critical question….

“That allows me to introduce our next speaker who comes, as I said earlier, from a particular background to a particular destination which I don’t need to spell out now – Proinsias de Rossa:

4. Proinsias De Rossa, TD (Leader of Democratic Left)

“Thank you…. I propose to deal with tonight’s topic in terms of republicanism and its roots and I also intend to draw on an article that I wrote in the Irish Times two weeks ago on questions relating to the nature of a settlement …. but I intend also to take up a few of the items brought up by the previous speakers.

“Brendan spoke earlier of my journey – I think the vast majority of people who are rational thinkers are on a journey from the day they are born until the day they die … I remember reading what Maynard Keynes said when he was being attacked for saying something different from what he had said before:. “When I discover I am wrong I change my mind – what do you do sir?” By and large – not in all cases I admit – I try to apply that principle. In the nature of politics you will find a lot of the time that you have been wrong.. Politics is a double-edged profession or craft if you like. Politicians tend to state absolutes. Martin picked up a point I made – that there will never be a united Ireland. And I may be proven wrong – I don’t think I will. Certainly not in the sense that a united Ireland is traditionally thought of, certainly not in the sense that Anne explained here tonight – I simply don’t think it is humanly possible, unless there’s mass conversion.one way or the other amongst every single individual in Northern Ireland and in the Republic.

Compromise: “The point I’m making is that politics is about the clash of ideas and the compromising of positions in order to get movement. It is reflected in the current coalition government of Fianna Fail and the Progressive Democrats, it was reflected in the Rainbow Coalition …and the earlier coalition government of Fianna Fail and Labour. Politics is about compromise. The problem with republicanism as we know it today is that it finds compromise exceedingly difficult. That has been true of the republican movement in its modern form – since the Civil War right through most of this century. It deals in absolutes and doesn’t take account of changes in society and changes in the world around it.

Partition: “The reality is that partition hasn’t failed – it hasn’t failed for the Republic of Ireland – we have the most prosperous booming economy in the European Union. British imperialism, or British occupation of Northern Ireland if you like to call it that, has not prevented that. One wonders in what way has it stunted the growth of the Republic – there may be ways, but certainly not in the sense of prosperity as is defined by traditional economists. We have a state that has been reasonably successful – it is democratic, it by and large guarantees the civil and human rights of the citizens within its border.

“I take issue with the claim that it has cost this state 2 billion pounds to maintain the border. What it has cost this State 2 billion pounds to do is to defend the lives and the property of the citizens of this State against people who took it on themselves to arrange that people would die in various ways. I’m not just talking about the republican movement – I’m talking about the loyalist paramilitaries as well, and all kinds of paramilitaries, going right back to the early seventies, and I don’t exclude the Official IRA or any other organisation from that. That’s what the money was spent on – to defend you and I against paramilitaries… If that violence wasn’t there that money would not have to be spent. It’s wrong to misrepresent and I think if we’re going to make progress we have to some extent to move away from the rhetoric of one’s position and try and engage in real thought.

‘Nationality’, ‘Nationalism’, ‘National identity’, ‘Self-determination’, ‘Sovereignty’, ‘United Ireland’ – these are all catch-phrases which we all use at various times, by and large unthinkingly. I’m not a nationalist – I’m neither a British nationalist nor an Irish nationalist, but I’m Irish – I hold an Irish passport, my nationality is Irish, but I’m not a nationalist in the traditional sense. I do not want a united Ireland on the basis that Sinn Fein want it. Certainly I would have a lot in common with what Alex was talking about – the evolution of a new kind of relationship between the people who live on this island . Hopefully the current negotiations will produce a settlement which will enable that to evolve. It is my view that it will evolve in a way that will not result in the traditional idea of a territorial unity on this island where unionists will over time be indistinguishable from nationalist Irish.

Fundamental conflict: “The fundamental conflict as I see it is a conflict between national allegiances – not just identity. There are people in the Republic who have a British identity – who live in Ireland, who may well be Irish in the sense that they are born in Ireland, but they have an allegiance to this State. Allegiance and identity are not the same thing. What’s at issue in Northern Ireland is a conflict of allegiance – between people who owe allegiance to the British State and people who feel they owe allegiance to the Irish State….Nobody knows if every single person who identifies himself as a nationalist in Northern Ireland feel they owe that allegiance, or even every single person who identifies himself as a unionist feels they owe that allegiance to the UK … but as far as elections are fought we must assume that that is the case – it has never been put to the test.

Sovereignty: “The question of sovereignty is another issue that has to be addressed. What does it mean? It means independence in decision-making. In this world of today can anyone reasonably say that any country on this earth makes independent decisions – independent of all other interests and pressures…Take the currency market, for instance – we have no control over it. The idea that used to be a core principle for socialism – that you should nationalise the banks – is no longer feasible. Banks are no longer owned nationally. Capital in banks is no longer owned by the States in which they are placed. … People press buttons at 6am and money is transferred in the flash of an eyelid. Your currency could be wiped out overnight without you having any influence. It happened here a few years ago when the “Snake” system … was virtually wiped out. Our currency came under pressure and we had no control. So where does sovereignty come into it? We have ceded very large powers to the European Union – we are still an independent State in that we have an army, gardai, we make our laws, by and large ourselves, but our laws are made with an eye on what’s going on in Europe. When the EU makes a directive, we are obliged under our Constitution …to comply with those directives. So where does sovereignty come into this whole question of the future of this island?

Self-determination: “The point has been made that the people on this island are the only ones who can decide the future of this island. That’s fine as far as it goes if it actually results in the IRA and the loyalists saying ‘ok, we’ll call it a day, the people have decided’ and so on… But what does self-determination mean and what will it be deciding? Will it be deciding that for all intents and purposes that the territorial claim will no longer be there in our Constitution. I would argue that if it doesn’t do that you’re prolonging the agony.

“I made the point in a fairly long article in the Irish Times … that there has been a theme running through the republican movement since the early twenties – that the War of Independence did not complete its business – that Britain still occupies the North of Ireland – that until that unfinished business is completed there will never be peace on this island. I think that is nonsense and it is a recipe for continued slaughter on this island. We have to look at our sacred cows – the issues of sovereignty, self-determination, nationalism, nationality, identity, united Ireland…. We have to look at this question of unfinished business and decide that the settlement that is going to be made in Northern Ireland is the end of the business – that’s what the people want when they vote for it, and it’s not an escalator to a united Ireland or anything else..That’s what the people want and that’s what it is for the foreseeable future. Because some young one out there will say “these people have betrayed the past – they have betrayed their history, they have betrayed Collins, Pearse, Connolly and so on, and that we have a mandate from history and we are going to keep this war going until we get the Brits out of Ireland”. Unless we reach the point that we accept there has to be an end to this unfinished business in a way that is satisfactory to everybody who lives on this island and accept that those who are unionists are unionist not because there is a better standard of living in Northern Ireland, or that people are nationalists because there is a better standard of living in the Republic … but because it is a particular belief they have.

Nationalism: “I’ve come to the conclusion that nationalism is the most pernicious “-ism” on this earth – it has resulted in the deaths of hundreds upon hundreds of millions of people. The point that Martin made that nationalism equals pride in country is part of the root of the problem, because it leads to the view “my country right or wrong“. There can’t be a philosophy of “my country right or wrong” and survive on the face of this earth, given the interdependence there is.

“But I need to move on – I’ve spent too long dealing with the issues that have arisen.

Irish Republicanism: “I want now to say a few words about Irish Republicanism and give you my view of where it is at the moment:

“Irish Republicanism drew its philosophical basis from the American and French revolutions. It inspired a flourishing radical press – the Northern Star was a hugely popular paper and political pamphlets were read the length and breadth of Ireland. Tom Paine’s The Rights of Man was a best seller. Political clubs abounded and vigorous political debates took place in the coffee houses of which there were many in the Dublin of the 1790s.

“The United Irishmen were radical democrats with the best interests of Ireland at heart. They had the potential to create the basis of a mass democratic movement. Unfortunately, however, in my view, they were seduced by the siren call of revolution and mistook widespread unrest for a revolutionary situation. Consequently, they made two mistakes which were to prove fatal for republicanism in Ireland.

“Firstly, they made common cause with the Defenders. Secondly, they sought to import revolution into a situation where revolution was not going to happen. By forming an alliance with the Defenders, the United Irishmen embraced the tradition of agrarian terror associated with the Whiteboys and the Ribbonmen. This tradition is best encapsulated in William Carleton’s story, The Wildgoose Lodge, a story based on actual events which were uncannily echoed in the La Mons fire-bombing by the IRA in 1978.

“By seeking to import revolution, the United Irishmen took the fate of the Irish people out of their own hands. Who is to say that the French, having come to liberate Ireland, might not have remained to occupy it? Such events are not unknown in history. In any event, subsequent generations of self-styled republicans were to collude with both Imperial and Nazi Germany. All for Ireland, of course.

“By that time, of course, republicanism had been subsumed by nationalism. Genuine republicans were as thin on the ground as Freethinkers. It was not the United Irishmen, but Daniel O’Connell, who led the first great mass democratic movement in Ireland. The potential for radical democratic politics was lost in the oath-bound conspiratorial politics of extreme nationalism. It can be argued that this, at least, led to the settlement of 1921 and the establishment of an Irish state – a stepping stone” to the Republic? But it also led to a bloody Civil War which cost more lives than the War of Independence.

“It is ironic to consider that the United Irishmen espoused the unity of Catholic, Protestant and Dissenter, while those who claim to be their successors today have achieved the exact opposite. Never has Northern Ireland been so polarised as it has in the past 25 years. This is the situation that faces us today. But it is not a hopeless situation. The current inter-party talks present the opportunity for a peaceful and democratic settlement to the Northern Ireland conflict. Not all parties are represented, unfortunately, but sufficient parties are represented to reach an agreement with the capacity to command the support of the great majority of people on this island. And we should not lose sight of the fact that the great majority are steadfastly in favour of peace and democracy and are strongly in support of equality of citizenship in Northern Ireland.

Common bond of humanity: “Neither should we lose sight of the fact that there are stronger bonds than nationalism or unionism. Our common bond of humanity is far more enduring and stronger than either. But this bond has been lost sight of in the conflict between nationalism and unionism. Thank you.”

Brendan O’Brien: “Thank you very much indeed. … Proinsias has indicated very strongly that his vision of nationalism and where Ireland is going is quite different from that laid out by Anne Speed…. Before taking questions, I would just like to say something which does come to the heart of one of the things which Proinsias said .. that republicans find compromise exceedingly difficult and people on the republican side deal in absolutes. I’m not going to speak for Anne Speed … but one thing is true to say: if you examine the last 10 to 8 years of where the current republican movement leadership has brought its people you can trace your way through an internal and external debate which has I think objectively moved them from absolutes to a position of flexibility, though not as far as some people would like.

“I think if you look in particular at the bedrock of the current peace process from their point of view, which is what is called the Hume-Adams agreement – what they call the Irish peace initiative – which was presented by the Irish Government effectively to John Major as an opening gambit in the negotiations which led to the Downing Street Declaration which, from many people’s point of view within the republican movement, fell short of the Irish Peace Initiative. But I think it’s worth looking at what the leadership of the republican movement – IRA and Sinn Fein – collectively signed up to. I would put my finger on three ingredients which I think does illustrate the extent to which their thinking has changed and their political decision-making has changed to allow them into a process – into a talks process, a negotiating process – whilst British jurisdiction still prevails in Northern Ireland, against a great deal of what they said in the earlier phase of what they call the “Struggle”:

• What’s been happening in Europe and the European Union inevitably will change the nature of the conflict between Britain and Ireland, and that is an illustration, I think, of external thinking – of looking around at the world and accepting fully that things are different now to where they were when the IRA started its armed campaign back in 1970-71.

• Secondly, they said in this document that self-determination, the right of the Irish people collectively to Irish national self-determination, should be recognised in law by the British Government and this to be done over a period of time.

• Thirdly, they said that self -determination by the Irish people can only be arrived at by the consent and agreement of the people of Northern Ireland.

“Now I think using language like that illustrates to me that there was considerable flexibility in the thinking that led the current leadership – the Adams/McGuinness leadership – to where the republican movement is today. In effect, if I could put it in simple terms, what it comes down to is that the leadership of the republican movement has moved from a position of absolutes – that the “war”, as they call it, would go on until Britain declares its intention to leave – to a position where they well accept interim arrangements and a healing process, a process of reconciliation without the need of an armed campaign – that politics would take over. And that, if there was to be separate consent and agreement of the people of Northern Ireland, this would be a matter for the Irish people and not for the British. So if the Irish people decided that the people of Northern Ireland required separate consent and agreement, that this was the Irish people exercising their self-determination – that it wasn’t imposed by Britain. That is subtle thinking but in my view considerable movement from where the current leadership of the republican movement was some time back.

“I will now open it up to questions … putting Proinsias’s view that a united Ireland is impossible, back to back with the Sinn Fein view, not expressed here by Anne, but certainly expressed recently, that a United Ireland is inevitable – two very contrasting positions.

Editor’s note: Brendan O’Brien’s paper to the Glencree Summer School 1997 on his research into change and movement of thought within the republican leadership isreproduced in the Appendix to this report by kind permission of the author.

QUESTIONS AND COMMENTS [summaries and main points only]

Q1. [Whether ending armed struggle in pursuit of Irish unity is a betrayal or is it the right thing to do?]

Anne Speed: I don’t speak for the IRA – I speak for Sinn Fein. As a political party we are not engaged in armed struggle. I think those who have decided to engage in armed struggle will have to make that judgment for themselves. It is our view that the opportunity to engage our political opponents in dialogue provides everybody with the opportunity to move forward. That is if it’s serious, open and honest dialogue. But, as Alex Attwood said, we don’t have dialogue – we don’t have real engagement, we have game-playing in Stormont. He did stress, not only the concerns with what is happening among unionists – and I concur with him in this – but he also spoke about the frustrations and difficulties of nationalists. Let me tell you … peace has not broken out in the six counties – there is a great deal of coercion of the nationalist community by the forces of the State – the army and the RUC. Numerous raids, people arrested. Brendan O’Brien talked of the experience of Colin Duffy … No wonder conflict has broken out on the streets of Northern Ireland. If the nationalist people do not see real engagement and real progress then unfortunately or regrettably there may be an instance or instances where those who believe the political process has failed them will return to armed conflict. It is not our intention that should happen. It is not our wish, it is not our preference, but if you are asking me to guarantee that won’t happen, I will give you an honest answer. Neither I nor anyone in Sinn Fein can give you that answer. If the political process, and all those engaged in it, provide the opportunities to move forward then I believe all human beings will grasp the opportunity. Nobody wants war or conflict. But it’s down to all of us to prove that the political process will not fail the nationalist people – it has so far. They’ve been forced to live in a sectarian state, they’ve been denied their democratic rights, they’ve been politically disenfranchised, and any ground that has been gained has been gained through massive conflict and struggle. So we have to ensure that the opportunities for dialogue and talks continue, but if you’re asking me to guarantee that, I can’t. Because there are other parties to this conflict – the unionists, the British Government, the Dublin government and its responsibilities. We are only part of this process. We will do everything in our power to make this process work. But we can’t give guarantees.

Q2. “Can the talks achieve anything? … Why should we be talking about flags etc. when there are serious issues affecting people’s lives – drugs, social questions to be dealt with. There’s too much focusing on flags etc. … I’m amazed that the former Minister for Social Welfare hasn’t talked about these….

Proinsias de Rossa: It would be very easy for me to list a whole range of things. When I was Minister for Social Welfare I did introduce reform of the free travel system which enables every person who qualifies for assisted travel in N.I. to have free travel in the Republic and likewise everybody in the Republic who has free travel now has free travel in N.I.. That has resulted in thousands of people travelling to Northern Ireland from the Republic and from Northern Ireland to the Republic. That was a practical thing – it wasn’t just put on the agenda, it was done. I didn’t manage to persuade my British counterparts to pay for their leg of it, but .. I did persuade the Irish government that we should pay for it all and they did so, and I’m proud of that fact ….“There’s a general point to be made – in a sense it’s an inversion of the Connolly dictum that until the national question is solved, you won’t have peace in Ireland. But I would argue that until such time as the constitutional status of NI and its relationship with the Republic and the UK is resolved then other issues such as social welfare, housing, drugs and so on in Northern Ireland will be subsumed and cast aside, because people are constantly living under this threat either of being subsumed into the Republic or being massacred by some gang or other or the nationalists feeling they’re being deprived of their rights and so on. It is essential that a constitutional settlement be arrived at and that it be a definitive settlement – I’m not talking about a final settlement – so that people can get on with their ordinary normal everyday lives

Brendan: “Do you think a settlement is achievable?

Proinsias: “Yes, provided the people participating in the negotiations accept that fundamental compromise is necessary…

Brendan: “I would just like to ask Alex and Martin very briefly whether they think a settlement is going to be arrived at.

Alex Attwood: “Yes. There is a convergence of many forces at the moment. You have a talks process that can be inclusive once the DUP and the UK Unionists decide to go into it; you have an agenda where everything is on the table, that all three strands ha to be addressed; you have two new governments, and you have some stability in those governments; you have the involvement of the American administration in an impartial manner, independent chairs,.. you have immense community goodwill… People are beginning …to have a sense of what peace and political stability can bring to the quality of their lives. all those events are beginning to converge. It may be there will be outbreaks of violence. As that convergence continues and until agreement is reached. As in South Africa .. even though you have a conflict transformation process going on violent conflict is still manifest.

Brendan: “Martin .. as someone centrally involved in bringing about the first and second IRA cessations, do you think there will be a settlement that would satisfy the republican movement?

Martin Mansergh: “I’m not going to speak for the republican movement, especially when you have a representative here. A settlement is achievable, but I certainly wouldn’t go counting any chickens before they are hatched. There’s a lot of water to flow under the bridge – even if you take next May as the deadline. I think it will need a lot of intelligent political leadership on all sides to bring that about. I would have to say also, responding to something that Anne said, there needs to be a clear recognition at all levels of the republican movement – they have the perfectly respectable legitimate aim of bringing about a united Ireland. There needs to be a crystal-clear recognition that further violence will not advance that one iota – on the contrary it will actually push it backwards. That message needs to be understood. Of course I understand the provocation, the difficulties and so on – not everyone on the British state side is responding properly to the present circumstances. But I think the republican movement must decide their own strategy and not have it dictated by elements in the British security forces that might be out to provoke them.

Q3. “I want to comment on Dr. Mansergh’s excent paper. It’s very good to hear that it’s actually legitimate to seek a united Ireland – in some media coverage one would feel it wasn’t the thing to do. I realise of course, as many would in the Republic, we are not seeking it in a violent ay – we’re looking for consent of people North and South. This consent is going to be very hard to get … and it’s not going to happen by May. But something obviously will happen in May. One would regard that as a stepping stone towards a settlement – a bringing together of the peoples on this island. Therefore we all have to work very hard. It’s up to the media and everybody to encourage the peacemakers. Occasionally one finds that the media focuses on the negative and not on the positive statements coming out and I don’t think that’s helpful.

Brendan: “Thank you. You’ve mentioned the dreaded word ‘stepping stone’ which Michael Collins was berated for in the history of republicanism. I think Gerry Adams wouldn’t thank you for looking at a settlement which was described as a ‘stepping stone’, but we all know what you meant … but those kind of words show you the difficulty we have in arriving at a settlement.”

Q4. “I would like to thank the speakers for very stimulating contributions. .. I have a couple of comments Firstly, by no stretch of the imagination could you believe that true republican principles were manifest in this state. As to the United Irishmen – I often wonder how united they were. Quite often there’s no mention of the religious element … We’re here as part of a peace group, part of the process of learning about our northern brethren, and the Northern conflict, so that we could have a greater understanding etc.. What I find very frustrating as a citizen of the republic is to hear the leaders of the major unionist parties in the North displaying outrageous religious bigotry and racism ….

Brendan: “The speaker finds what he calls the ‘outrageous bigotry’ of the unionists hard to take. There’s been a lot of comment about unionists not properly engaging in the present talks – I can put the question to the panel, but is there anyone on the floor who would like to take up that point ?

Member of audience: “I would like to comment very briefly – I’m from Co.Down originally, I worked for 18 years in the civil service and the social services in Northern Ireland and across the water. I moved south when I married 20 years ago. I would just like to inform the gathering here – I don’t suppose there is a unionist here. In Northern Ireland. I was a supporter of the Alliance Party. As to what this gentleman said about unionist bigotry, there’s bigotry on both sides. As someone who has lived in both parts of Ireland, I find bigotry this side of the border as well as in Northern Ireland. I would like to pay tribute to my former work colleagues and neighbours in Belfast, Co.Down, Antrim and Armagh. There’s no one here to speak for them. …If at some future time they should ever decide that their identity or that their future lies with the rest of us in some shape or form I feel they have a lot to contribute – I admire their honesty, their hard work, their business acumen and their freedom of conscience in the whole area of sexual morality which is causing havoc on this side of the border with referenda for this, that and the other ….

Brendan: Thank you, it’s a pity we don’t have more time, but that was a very valuable contribution…”

Q5. “Given the importance your northern speakers attached to the all-Ireland economy, I’d be interested in the reaction in Northern Ireland to Minister for Tourism Jim McDaid’s decision to come out of the all-Ireland tourism promotion.

Martin Mansergh: “There was an unfortunate disagreement on aspects of the promotion… Joint promotions are proceeding. There have been some discussions since the disagreement – and I believe that issue has been largely smoothed over….. If I can pick up on one of the other issues raised. I don’t think it fair, in a blanket way, to accuse all unionists of religious bigotry and sectarianism … There are pockets of it. I heard Dr. Paisley earlier this week on radio saying, at one of these rallies, that you had to unite against ecumenism, Romanism, nationalism and republicanism – that is undoubtedly a strand. Equally there are others who are trying to rise above it. I’ve heard David Ervine in the last few months saying that people must make clear that sectarianism isn’t socially acceptable. I wouldn’t like to brand a whole community.for?? the faults of some.

Q6. “You try and make peace with your enemies – there’s no point in making peace with your friends. Currently in the Stormont talks, Mr.Trimble doesn’t seem to be talking to anybody. He’s talking to his friends, trying to keep Mr.Paisley happy … he’s not addressing the nationalists. De Clerk did it with Mandela … why can’t Trimble do it with the nationalists?

Martin Mansergh: “Point of information, he [Mr. Trimble] had a meeting with David Andrews yesterday, he’s having a meeting with Bertie Ahern later in the week, and I understand he had a meeting with the SDLP yesterday. Now he’s not meeting with Sinn Fein

Brendan: “Maybe Anne would have a view on that?

Anne Speed: “My understanding is that inside the corridors nothing is happening, except people are scurrying up and down them. We have engaged in informal talks with David Ervine and others – but they represent 3.5% of the unionist population. .. We’re being exhorted by people on the platform and people in the audience in terms of giving leadership – well let’s see a bit of leadership from the unionist leaders. I very much take the point – there isn’t any real engagement, none whatsoever. I think Billy Hutchinson, David Ervine and others represent a small section of the electorate – but they do represent the possibility of broader and deeper thinking and maybe something hopeful for the future. The major unionist parties have to be shifted into some form of meaningful dialogue. I do hope that they [Bertie Ahern and David Andrews] will be impressing upon them that … if you don’t speak to your political opponents you never move the situation forward. We are not the enemies of these people – we are their political opponents – we do disagree; we have differences of opinion and we are striving for our aspirations. We make no apology for that.

Brendan: “I would like to pose a question to Anne which arose from a couple of the speakers. One of the things the unionists are saying is that the republican moment and Sinn Fein at the talks is not interested in compromise …. Is Sinn Fein in the business of compromise?

Anne Speed. “You have all the political questions worked out here. Unfortunately we don’t have enough time. I’m certainly not going to negotiate Sinn Fein’s position here. As a professional negotiator I know you never enter a set of negotiations by putting up your bottom line first…. Obviously through the process of negotiation and dialogue, republicans and nationalists will have to take a view in terms of what’s on the table. “But let me tell you, when we talk about consent, we’re talking about the consent of the nationalist people to be governed within a sectarian state. They are at least 45% of the population – that’s going to grow. Secondly there’s the question of sufficient consensus – there must be sufficient consensus on the unionist side and also on the nationalist side. In order to put a question to a referendum, There must be an agreement based on these principles … We will have to allow that process to develop, to grow and to arrive in that position and then we can all make a judgment. But if you’re sitting here and asking me now … are we going to compromise on our aspiration for a united Ireland, clearly the answer is no. We’re not going to take that position at this point in time. We’re going to have to look at the shape, the size, the structure, the potential, the possibilities of an agreement and then make a decision. We’re not going to try and determine the endgame now, and it would be ill-advised for any commentator in the media or any political leader to adopt that position.

Alex Attwood: “Firstly, nobody should underestimate the impact of the breakdown of the first cease-fire on those in the unionist community who were prepared to change and enter into negotiations. Nobody should underestimate that, because whatever the liberal opinion might have been… a lot of them were severely disappointed by the breakdown of the Provisional IRA’s first cease-fire. From their point of view I can understand why they are reticent and cautious about what they’re doing now. That dynamic has to be understood within their community.

“Secondly, I had a conversation with a senior republican last September, and when I … pushed him on what he meant by consent, his reply was ‘our consent’. That was the reply. If that’s what republicans mean then this talks process is going to go into the sands, because that is giving unto them a veto which nobody has a right to assume unto themselves. If the unionists haven’t engaged fully .. maybe republicans haven’t engaged fully in the process so far. Because when you analyse their contribution to the process so far, it has been a restating of obsolete doctrines and outworn slogans. Maybe they have a responsibility, just as the unionists have a responsibility, to begin to demonstrate in word and deed a degree of flexibility. I would suggest to them that the place where whey should start is the document from the Forum for peace and Reconciliation where all the nationalist parties on this island, save themselves and the Greens, from a nationalist perspective, signed up to what was an agreed position in relation to our self-determination and the principle of consent. If Anne is prepared to invoke the New Ireland Forum as an authority… then I would suggest she revisits the Forum for Peace and Reconciliation, sign up to that, and then you might have some progress in the talks.”

Brendan: “Thank you. I’ll just take two more questions together:

Q6. “Do you agree that the constitutional guarantee in Articles 2 and 3 should be on the table in order to show flexibility from the nationalist perspective when asking for flexibility from the unionists?”

Q7. [Julitta Clancy]: Our last talk was about whether we in this State turned our backs on the North. … We want to know from panel members how we in the south can contribute to understanding .. There’s a huge level of lack of understanding, and the Forum particularly helped groups like us…. How can we on the ground contribute to understanding?

Brendan: As we’re running out of time ..we’ll take three more minutes to answer these briefly.

Alex Attwood: “1. Whatever the future Irish Constitution says, it must recognise that I’m part of the Irish nation – and it must express that I have a right to aspire to a political outcome in the future that I think is in our best interests. Articles 2 and 3, especially Article 3, may not be the best wording for those aspirations and that identity, but any Constitution of our country must have those two core elements as part of my reassurance and political aspirations.

2. Articles 2 and 3 are used tactically by the unionists as a method of not coming to terms with the rest of the people on the island. Articles 2 and 3 have to be considered in the negotiations, and the Irish Government have given every reassurance that they will be, but you have to understand that they are used tactically by the unionist leadership as giving a reason why they are not coming to terms and coming into a fruitful and agreed relationship with the rest of the people on this island, just as previously it was: they couldn’t trust Reynolds, they couldn’t trust Haughey, they couldn’t trust Fitzgerald, it was a Catholic State, you couldn’t have divorce. They’re always positioning issues in order to not come to terms with the rest of the people on the island.”

Proinsias de Rossa: “First of all, I did indicate in my opening remarks that I felt Articles 2 and 3 should at least be amended. I think however, in return for that, the unionists have to accept a north-south body with real powers to enable nationalists in Northern Ireland to have an identification with the Republic. I think as well there needs to be development of an East-West dimension…. Also, Anne Speed said Sinn Fein can’t give guarantees that people won’t return to violence – that’s true, no one can give such a guarantee. But what Sinn Fein can guarantee is that Sinn Fein won’t support anyone returning to violence. There is a critical issue there for Sinn Fein to decide.

Anne Speed: “I can just remind Proinsias that Sinn Fein, along with the other parties, endorsed the Mitchell Principles. But can I say also that we also have a responsibility to our constituents and to the people we were elected to represent. In reply to the questioner – we don’t take any position in relation to Articles 2 and 3, or should I say nationalists or republicans don’t draw their political response to the conflict in Northern Ireland from Articles 2 and 3. We take our position from our electorate – that’s on the whole of the island but particularly within the six counties. And also people who have chosen at stages through our history – nationalists and republicans – to resort to armed struggle have taken their mandate from the reality of their lives within that state: the brutality, the repression and the discrimination. And republicans and nationalists will tell you that. Very briefly, I take Alex’s point [about the conversation he had with a senior republican] – but what I said and this is in our position is that we recognise that within the ground rules for these talks there is a clear understanding that there has to be sufficient consensus. And as we now represent a significant section of the nationalist people we will have to be part of that sufficient consensus and we think that’s our legitimate and political right. We expect other people to observe that. We are not going to be routed into any situation …or boxed into a corner as there was an attempt to do so in the Dublin Forum – the Forum for Peace and Reconciliation. And I note what Alex said – but we were not the only party who had reservations. The Green Party had reservations… To be honest, my own personal view is that it was ill-advised and pre-emptive for that Forum to try and seek to arrive at a consensual position among Irish nationalists in the total absence of any response from unionism. As I said, a professional negotiator, you don’t put all your eggs in one basket and you certainly don’t start out with your bottom line. We will resist if there is any political attempt to do that. I sincerely hope there won’t be a repeat of that exercise.

Martin Mansergh: “On that point about the Peace Forum – on the day the vote was taken Fianna Fail actually sought a postponement of that. That was opposed by a number of parties including Sinn Fein who didn’t want the thing put off any longer.

“I certainly don’t have any difficulty, and I hope other parties wouldn’t in principle that a settlement is going to mean compromise on all sides – I think the Irish Government clearly recognises that it’s going to need compromise and I don’t think that is giving away anything of one’s position in saying that and I just hope that all parties at every end of the spectrum would approach that in the same manner.

“On Articles 2 and 3 – Alex Attwood’s points are well noted. Change will be discussed in the context of a settlement. Change will have to be balanced by some change on the British side as well with regard to their constitutional doctrines, but there are certain bottom lines in that and they are very roughly as Alex expressed them.

“Finally, the question from Julitta – I did say at the beginning of my contribution that I do think the force of public opinion that thinks through the issues in groups like this is absolutely critical. I don’t think any one among the so-called players could do anything very much except against the background of a wider, educated and intelligent opinion. So I would strongly encourage you to keep up the work and I’m sure that’s why most of us are here tonight because we do recognise of course that it isn’t something that’s going to be solved by a few politicians and a few civil servants behind closed doors. It’s something that’s going to involve the whole people of the island – North, South, whatever tradition they come from. Continuous discussion and consideration of where we are going, what we have to do, what changes we have to make – all that is vital. I finish by paying tribute again to the work of the Meath Peace Group …

CLOSING WORDS

Brendan O’Brien: “Thank you very much for listening and contributing – it shows as always that when you turn it over to the floor you suddenly realise that time starts to run out. .. It does show the value of dialogue and the need to have understanding of what is going on. With reference to what Dr. Mansergh said about the need to know and understand, I often think that governments, particularly our government, ought to distribute to every household key documents like the Framework Document – because in this process the devil is in the detail, and some of the questions people raise at public meetings or in other fora are actually answered, and are on the public record on those documents. Also… the media has a primary responsibility to ensure that people understand the details and don’t engage all the time in old-fashioned rhetoric. And this is where the Meath Group and Glencree play a very big part in bringing people together to hear the inside view and the authoritative view.”

APPENDIX: Paper by Brendan O’Brien: “Understanding the Political Margins”

(This paper was first delivered at Glencree Summer School, 22 August 1997, reproduced here by kind permission of the author)

Irish nationalism: “I think it’s fair to say that the struggle of Irish nationalism has been primarily non-violent. The goal was, in general, a form of independence, not a full-blown republic. But where there were militarists, they tended to seek a republic. These broad generalities tell us that in the past two hundred years, when modern republicanism came on the agenda, those who sought a republic were on the political margins and those who sought it by force of arms were even more marginalised.

In the 20th century you could point to two major exceptions to this rule. The upheavals of the 1916-22 period and the eruptions in Northern Ireland of the late 1960s and early 1970s. On both of those occasions non-violent nationalism in broad measure came to support more extreme methods, before reverting to type and backing the non-violent, political route. Those who had stayed outside the mainstream, like the IRA, diminished in numbers, almost to vanishing point, in a sense deliberately marginalising themselves, holding on to the true republican ideal as almost all others sold out”.

To-day, although they wouldn’t put it this way themselves, the IRA and Sinn Fein are coming back into the mainstream, accepted back in only because they have stopped using violent methods. Those still outside, like Republican Sinn Fein, Continuity IRA (and to an extent the INLA), have consciously taken the decision to remain on the margins, firm in their belief that they hold the true, principled, republican position.

Of course, I have used generalities here and nothing is that simple or that comfortable for those sitting nicely in the middle ground.

Republican oath of 1919: Take a little return trip to the heady days of 1919, when a triumphant Sinn Fein, riding on the back of a violent rebellion, established the illegal Dail Eireann. All elected members of that Dail, those that weren’t in gaol of on the run, took an oath. It said, in part: “… I … do swear that, to the best of my knowledge and ability, I will support and defend the Irish Republic and the Government of the Irish Republic, which is Dail Eireann, against all enemies foreign and domestic, and I will bear true faith and allegiance to the same …”

Among those who took this oath were: Eamon de Valera (member for Clare East and Mayo East, beaten in Falls, Belfast, by a nationalist!), Michael Collins (member for Cork South) and William Cosgrave (member for Kilkenny North).

This was pretty mainstream stuff as far as a majority of the Irish nationalist electorate of the time was concerned – not at all marginal. Here was a fusion of two extreme positions, republicanism and the use of force, brought centre stage and given a popular mandate. Even though that mandate from the 1918 election was not as broad as some would have us believe (less than a majority of votes actually cast in the 32 counties), that republican position became the official” political position within Irish nationalism – the accepted, rightful and ultimate goal, by all main political brands, as encapsulated by De Valera, Collins and Cosgrave, and their political successors.

To reject republicanism from the 1920s onwards was to adopt a marginal political position within Irish nationalism.

“None of this was ever properly squared with the position of the unionists, who became political non-people, Irish nationalists waiting to be discovered. Neither was it properly squared with the pledge by IRA and Sinn Fein leaders, De Valera and Collins included, that the North must not be coerced into a united Ireland, or that, in December 1925, a legitimate Irish government signed up to the Confirmation of Amending Agreement Act, confirming the existence of the border.

Accepted norm: “As time went on the accepted norm among Irish nationalists, as enshrined in the 1937 Constitution – again by minority popular mandate on the island as a whole – was that a unitary Irish republic, ruled from Dublin, was Ireland’s rightful inheritance. That remained mainstream; what went back into the margins, rejected by de Valera and Irish nationalists generally, was the use of force to achieve that goal. In many ways it was as simple as that – no further thinking required. But the Republic was not, and could not be, delivered as simply as that.

“Yet the 1919 oath lingered on, in the political margins, the vow to support and defend the Republic from all enemies foreign and domestic – just hanging there as embarrassing unfinished business, clawing at the consciences and then forgotten altogether.

IRA ban, 1936: “Hardly surprising that the militarists felt they had a just cause, especially after de Valera’s government banned the IRA in 1936. It only added to the conviction of the dedicated few that they were right all along about taking the constitutional political path. It would only lead to a sell-out on the Republic.

“Two years later, in 1938, the pieces were put in place for a further phase of militarism.

The powers of government” were formally handed over to the Army Council of the IRA by the then existing members of the executive of the original Dail. Holding the powers of government” of the true Republic gave the IRA full legitimacy, in their eyes, to support, defend – and reinstate – the all-Ireland Republic.

1949: “When the republican movement was re-formed in 1949, with that objective, Sinn Fein came together again with the IRA on the understanding that the 1938 decision held fast, namely that the powers of government” rested with the IRA Army Council. This supreme authority, vested in the IRA leadership, has not changed, even though Sinn Fein is also an independent and autonomous political party. Sinn Fein would have to split from the republican movement to change this relationship, an event which would lead to further splits and faction fighting and is most definitely not on the cards. The present process is about bringing everyone forward together into the mainstream, not back into the margins.

Today’s situation is complex and I’ll come back to it later. Suffice to say that a great deal of baggage had been collected since the 1930s and a great deal has had to be off-loaded.

Bombing of Britain: “With their legitimacy intact, their numbers small and at times very divided, the IRA engaged in a failed bombing campaign in Britain during the Second World War. It’s worth noting that the IRA Chief of Staff of that campaign, Sean Russell, thought his mission sufficiently legitimate and correct – the fight for the Republic – that he sought and seemingly expected de Valera’s government to support the endeavour.

Border campaign 1956-62: “When the re-constituted IRA carried out a drawn-out border campaign from 1956 to 1962, de Valera in government again found himself faced with the logical consequences of his earlier armed actions and his republican oath. Dev’s answer was that there could only be one government and one army, that the use of force is only legitimate with a popular mandate, and that, a bit lamely, those who fought in 1916 received what Dev called post factum” authority from the people through subsequent elections.

Still, the ‘official’ goal of the 32-county Republic remained intact. So too did the border.

1965: “When, as Taoiseach, Sean Lemass switched tactics in the mid-60s and effectively sought nationalist recognition of the border through rapprochement with the unionist Prime Minister Terence O’Neill, it looked for a while as though the political margins on the nationalist side could be satisfied by peaceful reform. It failed for long and complex reasons.

About thirty years on, it’s being tried again, which is why we’re here discussing the subject in an atmosphere of prickly hope. In between, militant republicanism has been virtually unremitting in pursuing the goal targetted in arms and officially” maintained for three quarters of a century.

Provisional IRA: “The first Easter message of the Provisional IRA, in 1970, made it clear that they opposed the Treaty and the existing government institutions North and South:

“The free Republic we seek will not be won by recognition of and participation in the institutions which were set up by England to overthrow the Republic but by leading the Irish people in the building of an alternative 32-county parliament.”

In time a horrendous killing and bombing campaign was in motion, not for civil rights or in defence against loyalist attacks, or even for the overthrow of the Stormont Parliament, but for the full-blown 32-county Republic. They were intent on putting the republican oath of 1919 into practice. The IRA leadership was massively encouraged in their belief to hold the “powers of government” when, in 1972, the Northern Secretary, William Whitelaw, met a delegation which included Gerry Adams and Martin McGuinness, for talks in London. Though, let’s be honest, most of the IRA activists were sixtyniners, products of the street conflagrations of ‘68 and ‘69, not really wedded to or even aware of the events of 1919. This would have its effects much later as old certainties were shredded or re-shaped.

But the old certainties are not really that old.

Moral justification: “Throughout their long war IRA volunteers were “green booked” – right into the 1990s. Their ‘Green Book’, the IRA training manual, instilled a conviction about killing for a cause. Volunteers had what was called ‘moral superiority’.

“The Irish Republican Army“, it said, as the legal representatives of the Irish people, are morally justified in carrying out a campaign of resistance against foreign occupation forces and domestic collaborators. All volunteers are and must feel morally justified in carrying out the dictates of the legal government“

Two front pages of An Phoblacht ten years apart tell a story about the strength of that conviction but also the failure of the strategy: One, in April 1974, headlines “Brits get ready to pull out” and gives reasons for their belief that Britain was about to disengage from Northern Ireland. The other, of January 1984, says: “We fight on until Brits go.” The headline from an authorised IRA interview which ended with the spokesman saying:

“This war is to the end. There will be no interval as in the disaster of partition… When we put away our guns Britain will be out of Ireland and an Irish democracy will be established in the thirty-two counties with a national government.”

1994 cessation: “Ten years later again, in August 1994, the IRA decided that a pause would be required – that is, interim or transitional arrangements. Astonishingly, there would be an indefinite end to the armed campaign without any guarantee of a British withdrawal. It was breath-taking and historic stuff. Within a week came the triple handshake of Gerry Adams, John Hume and Albert Reynolds. Extraordinarily, this took place on the steps of Government Buildings in Dublin, powerhouse of the very institution, Dail Eireann, which generations of IRA activists had railed against on the basis that it usurped the 1919 Dail, that it was, as the Green Book described it, “an illegal, puppet regime”, and on the basis that the powers of government of the legitimate Republic were vested in the Army Council, the very bedrock of their “moral justification” for the use of armed force.

Cessation: “There’s no doubt the IRA’s complete cessation of military operations represented a huge turnaround, an historic turning away from much of their past rhetoric.

Militarists: “For many, too, it represented a huge failure of the military effort. Some of those are still inside the republican movement. Some have been on the outside since 1986 when the IRA and Sinn Fein took the first big change of direction, the dropping of the abstention policy on taking seats in Dail Eireann. Those groupings, Republican Sinn Fein and the Continuity Army Council, have held fast to every facet of the traditional position – allegiance to the 1919 Republic and the republican oath. Significantly, the Continuity Army Council has claimed to be the legitimate leadership of the Irish Republican Army. What was generally regarded as little more than a Sinn Fein walk-out was, in fact, a split in the IRA.

So, small as they are, these groupings have publicly declared their intentions to continue the struggle, including an armed struggle, for a British withdrawal from Northern Ireland. It doesn’t take big numbers to keep the flame ignited, or to do real damage. History tells us that, after the Second World War, an apparently dead and defunct IRA was given the kiss of life by a handful of hopefuls in a Dublin pub. Even if those remaining on the margins of Irish republican politics stay small, the very existence of a British presence in Ireland is enough to ensure that the militarists will seek another round of armed action.

That is the legacy.

Can the current peace hold? “The question then is, can the current peace hold? Has the Provisional IRA truly come in from the margins or has nothing really changed?

I believe the answers are complex. The evidence is that the IRA leadership has changed. But there is no guarantee that they can hold the peace in a united manner when the nature of the settlement and the smell of the compromise on offer becomes clear to the activists. Having put it that bluntly, I believe there is every chance that the great bulk of the republican movement will go with the settlement that’s achievable, though not without a great deal more engagement in the process. The negotiations themselves will ensure that engagement and the internal debate that comes with it.

“One influential Belfast figure from outside the republican movement said to me recently: “Once Sinn Fein gets to the table the war will be over, and once the justice issue is dealt with there’ll be no popular will or support for another armed round.”

Time will tell. But let’s look at the evidence that real change has occurred.

Republican family: “Firstly, while I have talked only about the IRA and Sinn Fein, the “struggle”, as they call it, has uniquely involved what they also call the republican family”.

At first, the Provisional IRA fought a purely military campaign, seeking and expecting early victory, a repeat of what happened in the 1918-21 War of Independence. But when no victory came, and the armed campaign went into a long war strategy – running into decades if needs be and as it happened – a broad community base was deliberately developed to sustain the long campaign and to avoid being isolated and defeated, as happened with the _40s and _50s campaigns. Women, in particular, asserted their right to have a say, dirty protest campaigns, hunger-strike campaigns and all. The rest involved whole families, streets, housing estates, communities.

Politically, Sinn Fein went from a policy of ignoring or tearing down the entity of Northern Ireland to a policy of joining its local government institutions. From a stance of complete hostility to the State, Sinn Fein and the broad “republican family” has moved to one of confidence that their voice is strong enough to be heard.

In other words, the IRA’s decision to call a halt is broad-based, deep-rooted and a reflection of changed attitudes in their communities.

More than anything, it is the communities which have come in from the margins. It was ordinary people and community leaders who resisted attempts by the out and out militarists to return to a full-blooded ‘Brits out’ campaign once the first cessation collapsed.

In their cessation statement of August 1994, a statement which also covers the present cessation, the IRA leadership reflected this sense of community and political confidence:

“We are entering into a new situation in a spirit of determination and confidence, determined that the injustices which created this conflict will be removed, and confident in the strength and justice of our struggle to achieve this.”

Changing circumstances within Irish nationalism:

“Confident they may be but, in reality, their hand was also forced by changing circumstances within Irish nationalism.

At the start of the current conflict, a unitary Irish State was still the unchallenged goal of mainstream nationalism. Even in 1983, the leader of Fianna Fail, Charles Haughey, felt comfortable in proposing to the New Ireland Forum an all-round constitutional conference as a prelude to British withdrawal.

Consent formula: “Two years later, the Anglo-Irish Agreement enshrined in Article One a quite different bedrock position, agreed by both governments, namely:

“That any change in the status of Northern Ireland would only come about with the consent of a majority of the people of Northern Ireland.”

Gerry Adams, as Sinn Fein President, opposed the Agreement, saying it copperfastened the unionist veto. Mr. Haughey, then in opposition, also opposed it. But back in government in 1989, Mr. Haughey reaffirmed the Anglo-Irish Agreement when it was reviewed by both governments.

The bedrock consent formula was further embedded, when Albert Reynolds signed the Downing Street Declaration in 1993. It was agreed then that in determining consent for any new settlement, two separate referenda, one in Northern Ireland and one in the Republic, would be required. The traditional “official” nationalist position of one nation, one entity, one legitimate jurisdiction, had changed.

No foreseeable Irish government would return to the old position.

The IRA was hemmed in, undefeated certainly, and that was success enough for many, but politically hemmed in. Fighting on for unfettered British withdrawal, over the hands of the unionists, was increasingly seen as a lost cause. Dialogue with unionists was the new necessity, not bombing their towns and villages and killing their men in uniform. In addition confidence was building within the “republican family” that change was possible, and that the Hume-Adams axis was highly valuable, even more so when it was joined to the government in Dublin.

The price for all of that was an end to the IRA’s armed campaign.

Of course, coming in from the political margins was more complex than that. This was the first serious attempt, probably since partition, by the Southern political establishment, both to redefine its republicanism and to engage militant republicanism in that process. That in itself unlocked much of the marginalised mind-set in Northern nationalist heartlands, for so long conditioned by the bitter belief that the South didn’t care, that its verbal republicanism counted for nothing. And, let’s be honest, the South didn’t care that much and verbal republicanism delivered little more than Southern comfort.

Irish Peace Initiative: “The first tangible product of this combined nationalism re-definition came in the form of what was known as the Hume-Adams agreement, what was, in effect, a Hume-Adams-Reynolds agreement in mid-1992. That agreement, which the IRA and Sinn Fein styled the “Irish Peace Initiative” is visible evidence that IRA thinking, and language, had radically changed. The agreement came in the form of a Sinn Fein proposal for a joint declaration to be made by both governments – it was the forerunner to the Downing Street Declaration.

Paragraph 2 of the proposal had both governments agreeing that: “The development of European Union fundamentally changes the nature and the context of British-Irish relationships and will progressively remove the basis of the historic conflict still taking place in Northern Ireland.”

“Paragraph 3 said both governments: “… Recognise that the ending of divisions can come about only through the agreement and cooperation of the people North and South, representing both traditions in Ireland.”

Paragraph 4 had the British Government accepting: “..The principle that the Irish people have the right collectively to self-determination, and that the exercise of that right could take the form of agreed independent structures for the island as a whole.”

This was balanced in paragraph 5, by a quite dramatic turn of direction for militant Irish republicanism. It had the Irish Government accepting that: “The democratic right of self-determination by the people of Ireland as a whole must be achieved and exercised with the agreement and consent of the people of Northern Ireland.”. There was no unvarnished demand for a British withdrawal.

All of this confirms a major shift, opening the way for a settlement which is both partitionist and all-Ireland, with a continuance of British jurisdiction in Northern Ireland, where that jurisdiction is fully recognised for the first time by the Southern State and which puts in placed agreed institutions to develop evolving and dynamic relationships across the island.

This is not to say that the republican movement has abandoned its goal of Irish unity. But ending armed actions to negotiate so-called “interim arrangements” is a seismic shift for the long war strategists. It also suggests that in negotiations Sinn Fein will come to accept the consent formula which they couldn’t sign up to in the Forum for Peace and Reconciliation. Those words – which I believe Sinn Fein was close to accepting – said that a settlement democratically ratified North and South would: “.. Represent a valid and legitimate exercise by the people of Ireland as a whole of their right to self-determination.”

Ground Rules: “In addition, I would say that it is not without significance that the IRA and Sinn Fein have accepted the Ground Rules document for the up-coming negotiations. These make it plain that, whatever greater ambitions the participants may have, the process is to agree three interlocking relations: within Northern Ireland, on the island as a whole, and between the British and Irish Governments. The Ground Rules also reaffirm in writing both Governments’ intention to submit the outcome of negotiations for public approval by referenda North and South.

“I think it’s reasonable in the circumstances to be hopeful that on the republican and nationalist side the outer margins are, in most part, prepared to come in from the cold. Change has been in the air for some considerable time and has very broad support. Yet what’s happening is being led by the current IRA and Sinn Fein leaderships combined.No one can speak for future leaderships.

I cannot, in all honesty, predict that the IRA will disband and tear up its constitution or that the new millennium will see the final end of armed force in pursuit of the Republic”.

Ends

MPG TALK 27 – BIOGRAPHICAL NOTES ON SPEAKERS

Brendan O’Brien: Senior reporter with RTE current affairs: worked on Seven Days, Today Tonight and Prime Time. Jacob’s Award winner for investigative journalism, especially on drugs and serious crime. Reported on all aspects of the Northern Ireland conflict since 1974. Author of two books on the IRA: The Long War and A Pocket History of the IRA.

Dr. Martin Mansergh: Special Adviser to the Taoiseach and Head of Research, Fianna Fail, since 1981. His father Nicholas Mansergh was well-known historian and expert on Anglo-Irish relations, author of The Irish Question and many other books. Dr. Martin Mansergh entered the Dept. of Foreign Affairs in 1974 and joined the Taoiseach’s Department in 1981. Special adviser to Charles Haughey, Albert Reynolds and Bertie Ahern. He was nominated with Fr. Alex Reid and Rev. Roy Magee as a winner of the 1995 Tipperary Peace Prize for his role in the peace process. He has published a number of articles on the peace process and related Irish historical subjects

Cllr. Alex Attwood: Leader of SDLP group in Belfast City Council.

Anne Speed: Elected member of Sinn Fein’s Ard Chomhairle and served on that body since 1990. She is a full-time trade union official and also chairs the Sinn Fein National Women’s Committee. She has been an activist in the Women’s movement for over 25 years. This includes being a founder member of the Campaign to Legalise Contraception. Anne Speed has also joined the party team at the Forum for Peace and Reconciliation and the Stormont talks.

Proinsias de Rossa, T.D: Elected to the Dail, 1982 (Dublin N.W.) Elected to European Parliament for Dublin in 1989; Vice-Chairman of the Regional Affairs Committee of the EP. Resigned from the EP in 1992 to concentrate on national politics. Elected President of Workers’ Party (1988). Under his leadership the party won 7 seats in the Dail and its first seat in Europe. In February 1992 he resigned from the WP and was joined by 5 WP TDs, its MEP, over 30 councillors and majority of party members in the establishment of Democratic Left. Elected leader of DL in March 1992. Minister for Social Welfare in the Rainbow Government 1994-1997. Served on Cabinet Sub-Committee on N.I.. Founder member of the Peace Train organisation

Meath Peace Group Report – January 1998. Compiled and edited by Julitta Clancy.

(c)Meath Peace Group

MEATH PEACE GROUP: Principal Activities: Series of public talks 1993-1997 (27 to date; full reports after each talk); raising awareness locally; education; reports published in local media; guest speakers in schools; 6-week schools programme (transition year, St. Joseph’s Navan); research; preparation of reports, statements and papers; attendance at conferences, seminars etc. North and South; discussion groups; peace vigils and rallies; oral submission to Forum for Peace and Reconciliation, Dublin, Oct. 1995. Contact names 1997: Anne Nolan, Gernonstown, Slane, Co. Meath; Julitta and John Clancy, Parsonstown, Batterstown, Co. Meath; Pauline Ryan, Woodlands, Navan; Philomena Boylan-Stewart, Longwood; Michael Kane and Paschal Kearney, An Tobar, Ardbraccan, Navan

 

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1997 – No. 26: “The Emergent Irish State – Did We Turn Our Backs on the North?” – report
Posted by Cian in Public Talk Full Reports

26. “The Emergent Irish State – Did We Turn Our Backs on the North?”

Monday, 20th October 1997,

St. Columban’s College, Dalgan Park, Navan.

Speakers:

Prof. Tom Garvin (Head of Politics, UCD): “The Aftermath of the Irish Civil War”

John Bruton, TD (Leader of Fine Gael, deputy for Meath constituency; former Taoiseach, 1994-97)

Chaired by Sean Boylan (Manager, Meath GAA Football Team)

Contents:

Introduction – background to the talk: Julitta Clancy

Speakers’ addresses

Biographical notes

Editor’s note: The original plan for the talk was to have four speakers – two from the South and two from the North. Unfortunately the SDLP speaker, Brid Rodgers (who was filling in for Denis Haughey), was delayed at the Stormont talks and was unable to travel to Meath in time, and Sinn Fein sent their apologies for not having a speaker for the night.

“The Emergent Irish State: Did we Turn our Backs on the North?”

INTRODUCTION

On behalf of the Meath Peace Group, Julitta Clancy welcomed the speakers and the audience and outlined the background to the talk: “this is the 26th public talk organised by the Meath Peace Group since the group was formed in April 1993. The aims of the talks are to raise awareness locally, to promote North-South understanding, and to facilitate local people in playing their part in the long-term work of building the foundations for a lasting peace on the island. In both its public talks and more private discussions, the Group seeks in a positive and constructive way to look at the divisive issues and listen to as many points of view as possible. At times this can be painful – deep wounds are opened; but we believe it is necessary to do this if we are ever to have lasting peace. For too long we have avoided engaging in discussion on difficult areas, particularly in the South.

“The topic of this talk was in our minds virtually since we started – it is the result of many conversations we have had over the past 4 years with many Northern nationalists. It was particularly reinforced for us this summer in a discussion with some young residents of Rosslea, Co. Fermanagh, during a visit there – at the invitation of Enniskillen Together – to observe the annual Royal Black Preceptory parade through the village. The belief that we in the South turned our backs on the North is a belief held by many Northern nationalists, and feelings of bitterness remain to this day. There is also, perhaps, a sense of guilt among many of us in the south. In this talk we hoped to look both at the historical background – did we really turn our backs? and if so, what were the reasons? – and also to look at the lessons for us today and for the future. What can we do about it and how can we be inclusive of all viewpoints now?”

ADDRESSES OF SPEAKERS

1. Professor Tom Garvin (Head of Politics, University College Dublin):  “The Aftermath of the Irish Civil War”

“When talking to the Meath Peace Group about this whole theme – the key question was the emotional one: did the South turn its back on the North? I am going to avoid that question, in true Southern fashion, and instead try to give you some background as to what were the social, economic and political circumstances in which the independent State found itself in the South after the Treaty. In a way this paper is more about the aftermath of the Irish Civil War and its consequences for the politics of what is now the Republic of Ireland, rather than a direct answer to the original question which was set, but I sincerely hope that perhaps a partial set of answers to the question set may come about indirectly by this exercise.”

Introduction: “As I’m sure you all know, for a very long time after the end of the Irish Civil War a lot of people didn’t like talking about it. In fact, a sort of conspiracy of silence was entered into by a lot of people for perhaps the best of all possible reasons – to ensure that the bitterness of the Irish Civil War was not transmitted to a younger and possibly more innocent generation.

“There is no war more bitter than civil war. Our civil war was not very large but it does bulk large in our political consciousness. The Irish Civil War resembled others of its kind in its viciousness and in the enduring hatreds that it generated. In Ring, Co. Waterford, when I was a boy, it was always referred to as “Cogadh na mBraithir” – the local version of the phrase “the war of the brothers”, and of course in many cases it was indeed a war between brothers and sisters, as I’m sure you know.

“In this paper I would like to suggest some effects on the structure of Irish politics – southern political structure – and even Irish society – which were consequent on the Civil War.

Triggering of the conflict: “The first point that I would like to make is that the Irish Civil War was almost certainly not triggered off by the actual terms of the Anglo-Irish Treaty or by any public actions of de Valera. During the Truce period of July 1921 to December in the same year, in the run-up to the signing of the Treaty, it was obvious to many observers, Irish and foreign, that some elements of the IRA, now fortified with armaments acquired in relative “peacetime”, were determined to use physical force against any compromise settlement anyway short of a Republic. Behind them again were others who were equally determined to push Ireland the whole way to a perhaps vaguely imagined socialist Republic dominated by the self-declared representatives of the small farmers and the workers rather than by what were thought of as the electorally chosen minions of national or international capitalism.[1]

Perception of the Treaty: “The fact that the Treaty was, certainly in the eyes of the British and some of the Irish, an extraordinary concession was scarcely understood by some IRA soldiers and radical ideologues of the time, galvanised as they were by the expectations raised by the emotional rhetoric of that period. The fact that it marked the final defeat of Anglo-Ireland was also not fully grasped, partly because some among the nationalists could perhaps be accused of trying to step into the shoes of the ascendancy. Collins’s desperate plea that the Treaty offered the “freedom to achieve freedom” was not always believed, and was sometimes denounced as a device to camouflage a continuation of something like Ascendancy Ireland under new green symbols. This noisily expressed perception of the Treaty settlement as a sell-out was not just shared by extreme Republicans or Bolshevik sympathisers of that time, but even by later “bourgeois liberal” commentators such as for example Sean O Faolain in old age, at least in his more acidulous moments.

Free State a “disappointment”: “This mentality persisted for many years, and possibly still is amongst us to some extent: the proposition that 1922 was a defeat rather than a victory, or, at least, was not much better than an ignoble and perhaps crooked compromise. The “Free State”, it was felt, was a disappointment. The horrors of civil war were to make it worse: a military and psychological defeat for the ideals of the national revolution that in many people’s eyes appeared total.

“This mentality persisted despite the fact that the Treaty was given huge majorities in the general elections of both 1922 and 1923…. Republicans knew, in fact, that the vast majority of the population was in favour of the settlement, but rejected this popular will as being illegitimate, the product of clerical and press propaganda and an expression of the enslaved and cowed minds of the vast majority of the Irish people. Some of them felt that the majority were ignoble and unworthy of the glorious destiny which republicans offered them. In the eyes of republican purists, not only did Northern unionists suffer from what Lenin might have termed “popular false consciousness”, but so did the majority of Southern nationalists. In fact, Republicans were quite pleasantly surprised to find that they actually received about one-quarter of the votes in the first “Free State” election of 1923. [2]

Tensions: “The personal hatreds and distrusts that surfaced among the leaders in 1921-22 cast a revealing light on the tensions which had been inside the separatist movement and had lain buried there most of the time during the War of Independence. It was in part a division between administrators and fighters, people who were good at running things versus those who were good at fighting. It was in part a division between groups of comrades loyal to one or other of the groups of leaders on the pro- and anti-Treaty sides. It becomes quite obvious when you read through the letters of the period and reminiscences of the time that many people, at least declaredly, went pro-Treaty or anti-Treaty for personal reasons. “I couldn’t let the Long Fellow down” is what Harry Boland said about Eamon de Valera. Another man was bullied into going anti-Treaty, allegedly by his wife. Many of the people weren’t quite sure which side to go on and could easily have turned up on the opposite side. In some cases local loyalties meant more than any dedication to a national cause of one kind or another.

Left-right element: “In part again the division was indeed, as it was often made out to be by certain kinds of historians, between socialist and republican radicals on the one hand and “national bourgeois” leaders allied with Redmondite and ex-Unionist elements on the other. There was a sort of left/right element there as well.

“For example, there was a very clear correlation between social class and voting support for the Treaty. Employers, larger farmers and many urban middle- and working-class people supported it, while many other workers, small farmers and inhabitants of more remote areas often opposed it. However, at the elite level, there was very little obvious correspondence between social origin and one’s position on the Treaty: many scions of the “Big Houses” took up the anti-Treaty cause while many young men and women of humble origin followed Collins, Griffith and local IRB leaders such as, for example, Alec McCabe in my own ancestral county of Sligo. [3]

The split: “One of the reasons why the split took place so slowly and reluctantly between mid-1921 and mid-1922 was of course, being Irish people, they were aware of their history. They may or may not have known their history but they were certainly aware of it, which is not quite the same thing. They had a very vivid folk awareness of the catastrophic impact the Parnell split had had a generation earlier. They knew that Parnell’s shipwreck had shipwrecked Irish politics for a generation and they knew that if they split, something like it, or even something worse, might occur again. Even in advance, the leaders feared the bitterness of a new split.

“Splits were dreaded, and were seen as a cardinal political sin, but another cardinal political sin was real or inferred disloyalty. Disloyalty had also been the cardinal political sin in the secret societies of the late nineteenth century which so many of these men had been members of when they were starting their political careers.

“Fundamentally it was disloyalty, of one kind or another, which each side imputed to the other in 1922. The mind-set which labelled the other side as disloyal to the national cause caused a mutual contempt which still, I would suggest, residually poisons political relationships in the politics of our Republic even two generations later.

Conspiracy theory: “Republican purists developed a conspiracy theory about the split, one that still survives in republican folklore. There are absurd versions of this conspiracy – for example it was held by Mary MacSwiney and some others that Collins was seduced by the bright lights of London, the flattery of the English aristocracy and by offers of marriage to a royal princess in return for national apostasy. In turn, it was alleged, Collins and his lieutenants had used the secret network of the IRB to cajole, bribe and bully TDs and IRA leaders to support the Treaty.

“In fact, Collins had signed the Treaty in good faith, but the purists needed a Dolchstosslegende – a stab-in-the back legend, of the kind which was being used in Germany to promote the fortunes of the National Socialists of that time – rather like Joseph Goebbels some of them were saying that it was a stab in the back: there was a myth of the glorious IRA betrayed foully in mid-fight by internal betrayal and by the preternatural cunning and corruption of the British political establishment. [4]

The Fighting: “The very term “civil war” may be a somewhat grandiloquent misnomer for the fighting that occurred in the twenty six counties between June 1922 and May 1923. In part, the anti-Treaty IRA had local roots in a tradition of local solidarity much as had the pre-Treaty IRA. However, during the Civil War both sides had local contacts; the rather bewildered British, with their massive armaments, but their blindness to local conditions and local alliances, were replaced in the Free State Army, from the IRA point of view, by men with local knowledge and equally impressive armaments. Local men faced local men – sometimes they were relations, maybe even brothers occasionally, often wearing similar uniforms and often even having bonds of affection across the battle lines. On the Free State side, however, was an army in part drawn from ex-British veterans, IRA veterans and the apolitical youth of the bigger towns. The old local cunning of IRA leaders was in vain against the Free State’s equal cunning, combined with weight of armaments and men. [5]

“One example of this is afforded by the capture of Liam Deasy by the Free State in January 1923. It was decided to execute him. In return for a stay of execution, Deasy eventually was to consent to sign a circular letter calling for an immediate end to the hopeless resistance to the Free State. Before this “treasonous” act, Deasy was seen as a potential martyr by the republicans. Denis (Dinny) Lacey of South Tipperary IRA arrested five farmers who were brothers of the local Free State Army’s ex-IRA commanders in the area. If Deasy were executed, Lacey announced, all five would be killed by the Irregulars. Tom Ryan, the senior Free State officer involved, recalled fifty years later:

“I knew that it was possible to contact Lacey urgently through a sweetheart Miss Cooney, a Flying Column comrade of mine pre-Truce, who became Irregular and was at this time one of Lacey’s key men … She was at business in Clonmel and was known to be doing Irregular work. I called to her address and gave her a dispatch to be delivered in haste to Lacey. The wording of the dispatch was as follows: I understand that Liam Deasy will be executed tomorrow. Should you, following on the event, carry out your threat to execute the five prisoners now held, inside twenty-four hours of execution confirmation, every male member of the Lacey family in South Tipperary will be wiped out.” Signed Tom Ryan, Vice Brigadier, National Army.

“Deasy was actually reprieved. The point is that the closeness with which the two sets of leaders of the two forces knew each other gave the conflict a peculiar intimacy and intensity that made its occasional viciousness even more unforgivable, as perpetrators and victims commonly knew each other and had roots in the same localities. [6]

“Hideous murders occurred on both sides, and the hideousness was intensified by the fact that the killers and their victims commonly knew each other. Young Protestant men in west Cork were taken out and murdered by local IRA – by young men who were their neighbours. Free State soldiers chained IRA prisoners to landmines and blew them up.

“It seems that the murderers and victims at Ballyseedy knew each other and had a common background of local agrarian differences. IRA attempts to kill Free State TDs were of course followed by terrible retaliation against republican leaders and IRA prisoners. The Civil War eventually ended in a whimper rather than a bang, and no formal surrender was either offered by the republicans or insisted upon by the Free State.

Cost: “A little-remembered aspect of the conflict was the cost to the emerging Free State. The Irish Civil War involved the hiring of fifty thousand soldiers, an enormous number in a small, rather impoverished country. It also involved the systematic wrecking of the country’s infrastructure by the IRA – the railway system was dismantled, for example. The War was estimated at the time to have cost about 50 million pounds. In our money that would be close on two billion pounds in Irish pounds (1997). As the GNP of the country was almost certainly less than one-third of what it is nowadays it possibly represents something like the equivalent of six billion pounds, all taken out of the country in eight months, possibly a quarter of a year’s GNP, or the equivalent of the entire EU tranche for Ireland for the decade of the 1990s. This crippling blow to the infant state, which I’ve never seen historians speak about, was to make the penny-pinching traditions of the new Department of Finance institutionalised at the moment of birth.

Consequences of the Civil War: “The consequences of the Civil War for the minor European democracy that emerged from its ashes were so multifold as to defy any brief listing. However, in the rest of this paper I will try to list what seem to be some of the major consequences of the split and conflict which wrecked the national liberation movement of 1916-21. I suggest that these consequences fall conveniently under four headings:

(a) North-South and British and foreign relations

(b) the structure of the party system and of democratic politics in the state;

(c) social and political culture; and

(d) the structure of the public policy.

(a) The Permanent Partition of Ireland: “The partition of Ireland was, as we all know, institutionalised a year and a half before the signing of the Anglo-Irish Treaty in December, 1921. Some partition under some constitutional formula was foreseen years earlier, but it was by no means clear that the “deep partition” of 1922 was inevitable. The collapse of public order in the south of Ireland had various incidental effects. This collapse we cannot quite imagine now – in 1921-1922 the South of Ireland went very close to chaos, there were no policemen for about eight months in the entire country. One effect which, I believe, has been inadequately commented on, was the weakening of anti-partitionist purpose among both Free State and republican elites. After Collins’s death, solidarity between the Free State and Northern nationalists weakened, and clear signs of accepting the North as a separate entity, perhaps to be negotiated with, but not to be absorbed, appeared among Free State leaders.

“The unionists’ political hand was immeasurably strengthened by the much-publicised spectacle of disorder in the south, the apparent uncontrollability of the IRA, and the equally apparent unwillingness of the Provisional Government to bring it to heel. It was easy for London newspapers to speak of the inability of the “native Irish” to govern themselves; to ask how could anyone ask “Ulster” to permit itself to be swallowed up in such a squalid, post-revolutionary and backward state.

“All the traditional stereotypes of the backward, superstitious and murderous “native Irish” could be wheeled out, and were, by the Morning Post and other newspapers. The fact that the Civil War was rather short and was rapidly replaced by a return to civic peace was less emphasised. [7]

Dominions: “Another point which we tend to forget is that the Treaty settlement had been warmly supported and encouraged by the “Old Dominions” – Canada, Australia, South Africa and New Zealand. This was in part because Ireland’s energetic striving for an even fuller measure of independence reinforced Canadian and other similar strivings. In the middle of 1922, for example, Canada, because of the Irish Treaty, found itself able to legislate for the right of the Federation to declare war independently of the Imperial Parliament; India watched attentively as the Irish blazed a trail which she longed to follow. Sympathy for the idea of a united Ireland existed in both the Canadian Federation and in what might be termed the “latent federation” of British India – the partition of India was of course on the horizon as well, as the Indians of that period were quite well aware. The violence in Ireland strengthened those in the Dominions who accepted Irish partition as acceptable and even natural, as against those who felt that Ireland, like Canada, and perhaps South Africa or India, was somehow a “natural” historic entity which should not be carved up at the whim of the imperial parliament. The diplomatic kudos of the Free State, very considerable in January 1922, was far less considerable in May, 1923. [8]

(b). The Party System: “Irish political parties derive, in the main, from the divisions of the Irish Civil War, as we know. Only the Labour Party and the farmers’ parties to an extent have other structural origins. The opposition between de Valera and Cosgrave became one that still structures Irish party politics two generations later. The hatreds are now faded, but strange residues still persist of certain mutual perceptions.

Persistence of hatreds: “These hatreds persisted for an extraordinarily long time, and seem to have partaken of a characteristically Irish persistence. Helen Litton, in a marvellous little book on the Irish Civil War, has commented that this persistence has sometimes been attributed to the small size of the population, which would have intensified the effect of personal relationships to people killed on both sides. However, there’s another European country that had a civil war at about the same time. Finland, which became independent of the Russian Empire in 1917-1918 in the aftermath of the Russian Revolution, and with roughly the same population as Ireland, suffered a ferocious little civil war in 1918.

“25, 000 people were killed in three months in Finland, many of them were murdered in concentration camps. The Irish conflict involved perhaps 3, 000 killings at most in the twenty-six counties. Six thousand people were killed in the entire Irish Troubles from 1913 to 1923, on the island as a whole. In Finland, former enemies were sharing government by 1937… [9]

“In Ireland, the bones of the Civil War dead were rattled for forty years. Noel Browne remembered “…as a young politician in Leinster House [in 1948], I recall my shock at the white-hot hate with which that terrible episode had marked their lives. The trigger words were “77”, “Ballyseedy”, “Dick and Joe”, and above all “the Treaty” and “damn good bargain”. The raised tiers of the Dail chamber would become filled with shouting, gesticulating, clamouring, suddenly angry men.” [10]

Left/right politics: “It is often lamented that the Civil War deprived Ireland of conventional European “left versus right” politics, in favour of two factions based on ancestral hatreds. I would suggest that even without a civil war, Irish society did not naturally lend itself to this kind of polarisation. To imagine the impossible, had there been no Civil War and had Collins succeeded in uniting both wings of the IRA as one force and had accepted that it could not be used to destabilise Northern Ireland, presumably a Sinn Fein party under Griffith, Collins and de Valera would have governed as a centre-right party, with farmers on the right, and Labour on the left. Sinn Fein would eventually almost certainly have divided into two main groups – on the pattern of India after independence – the one more republican and separatist, the other more “Commonwealth” and rightist. Both groups would have been rather loose and perhaps undisciplined. Irish politics would have been deeply centrist, although in a different form than was eventually to emerge under a centrist Fianna Fail after 1937.

Fianna Fáil: “A likely contrast with our reality would have been the failure of a Sinn Féin ever to forge the kind of internal solidarity of a military kind which Fianna Fail did succeed in forging eventually. Fianna Fail was the child of the Civil War; it was created in the prison camps of the Free State, much as Sinn Fein had been reinvented a few years earlier in British prison camps. The bitterness of the split and the comradeship of the defeated made possible the creation of an extraordinary political party under de Valera, whose unwritten motto might have been Never Split. No matter what disagreements there might be within the party, Fianna Fail generally showed a bland face to its external public. Divisions between left and right, between industrialisers and traditionalists, between localists and national interest politicians, Catholics and secularists, all have been consistently subordinated to the overall interests of the Party, or National Movement. Intellectual discussion suffered, because its potential for division was seen. An almost Soviet habit of solidarity and intellectual conformity, combined with a great practical political skill, characterised independent Ireland’s greatest political party.

“Fianna Fail could almost be characterised as the anti-Treaty IRA in civilian form. Old local commanders were converted into cumann secretaries and other key figures, aiming to rule Ireland by ballots rather than bullets. The seed of Fianna Fail lay in the surprisingly large vote the republicans got in 1923. The voters seemed to be saying: “if you accept the Treaty, there are those among us who like much of what you stand for. Act accordingly.” The votes tended to be in poorer and more remote areas, and in places where IRA presence had been strong. In particular, areas that had seen Black and Tan atrocities seemed particularly sympathetic. [11]

Prisoners: “Republican prisoners in jail in 1923 were fascinated by the mechanics of proportional representation and were, in a grudging way, impressed by the pedantic fairness of the PR-STV system of voting devised by the Free State government. The possibilities of Free State democracy were a shock to many republicans, persuaded as so many of them were by de Valera and Frank Gallagher that electoral democracy in the new polity was corrupt either in the sense of the ballot being interfered with or in the voters themselves being venal or cowardly.

“In Newbridge military camp prisoners were being taught courses in constitutional law, local government, and Irish history, under the aegis of Dan O’Donovan, a well-known Dail civil servant who went anti-Treaty, by September 1923. He and other lecturers suggested that the military victory of the Free State could be reversed by peaceful means. Non-violent penetration of the local government apparatus would, in the long run, deliver the new polity into the hands of its enemies. Local organisational centres were already being set up all over the twenty-six counties.

“This mixture of the military and the political, a central characteristic of Fianna Fail, was a prime result of the Civil War. If there had been no conflict, Irish party politics would have been very different, almost certainly even more localist than it actually became. [12]

“One could indeed argue that one of the reasons for the extraordinary tolerance which the activities of Charles Haughey and others received within Fianna Fail was a long-term effect of the conflict. The party’s internal solidarity was taken advantage of, and its internal discipline metamorphosed, for some, into a mechanism of intimidation and the enforcement of conformity. The party’s most central strength was used against it by its own leaders.

(c) Social Culture and Social Control: A consequence of the conflict, it could be argued, was an effort to intensify Victorian aspects of Irish social culture. In particular, women, partially mobilised by the suffragette and nationalist movements, found themselves thoroughly subordinated by the events of 1922-23. The allegedly extravagant and extremist behaviour of many women leaders was used as an excuse to discourage the participation of women in political life after 1923. Although many women were politically effective in trade unions and professional associations, by and large Irish politics remained very much a man’s world until the 1970s.

“Similarly, young boys and men were subjected to a neo-Victorian discipline of Spartan proportions in the schools of the Christian Brothers and similar orders in the decades after the Treaty. The genies of adolescent sex and violence had been let out of the bottle in 1919-23. The stopper was firmly put back again afterward, not to be taken out again until the 1960s.

Catholic Church: “The conflict also probably strengthened the power of the Catholic Church, at least temporarily. The Church had supported the Treaty, but rather conveniently many individual clerics had been vehemently anti-Treaty. The Church came to be seen as the only organisation capable of taming the animal instincts of Irish people.

“Film and book censorship, laws against dancing and policies designed to segregate the sexes were vigorously pursued by Church and State. The puritanism and repression of Irish society may have been aggravated by the aftermath of the conflict.

Death of idealism: “A less quantifiable cultural consequence was the death of idealism. The Irish state was founded in a wave of genuine idealism and enthusiasm that survived the Black and Tans and the British campaign. It did not survive undamaged the devastating psychological impact of the Civil War. Enthusiasm for the Irish language dried up and the task of reviving the old language was shucked on to the children. Many old revolutionaries later wondered privately whether the whole business had been really worth it. These questioners included such diverse people as James Dillon, David Neligan and Eamon de Valera. The perceived failure of revolutionary enthusiasm made many sceptical of all political action, and impelled many to enter the religious life in part, perhaps, seeking the fulfillments of this world. Others emigrated, some being effectively pushed out of the country because of their nonconformist political or religious views.

(d) The Structure of Public Policy: “The split and civil war also strengthened the hand of the public service, central to Irish politics since at least the 1870s and now to be more central still. William Cosgrave leaned heavily on the wisdom of civil servants after 1922, and it is striking how quickly de Valera was to evolve a similar relationship with them in the 1930s. The systematic subordination of police and army to the central civil service, which still exists, is a direct legacy of the state-building process which was rushed through in 1922-23. Civil service “conservatism” has been blamed for many policy failures since independence, but it could be argued that civil service prudence also prevented some wilder experiments dear to the hearts of [??] revolutionaries. The present-day Irish Republic is, perhaps, the most centralised of the older western democracies; this is in part a result of the British colonial inheritance, but is also a consequence of the civil war; local government in particular was seriously weakened by the conflict, as central government came to see local councils as rivals for political authority rather than allies in government.

Universities: “A little-commented on effect of the conflict was the delivery of the main universities into the hands of the pro-Treatyites. Fine Gael had, for long, a preponderance of power inside UCD and the other NUI colleges. This had the unfortunate effect of alienating the natural governing party, Fianna Fail, from much of what existed of academic intelligence in the new country. What price, if any, was paid for this divorce between dons and politicians is hard to say. I would guess that Irish anti-intellectualism and public philistinism, always likely to be strong in the early decades of independence, was mightily strengthened by the conflict. A certain anti-rationalism of style, always noticeable in Irish public policy, may have been aggravated.

Conclusion: “The Irish Civil War had a profound effect on Irish political development, in ways that have been so pervasive and deep as to be taken for granted by we Irish who grew up in the world created by that war. North-South relations, relations with Britain and the Commonwealth, attitudes towards veterans of the Great War, Church-State relations and the entire fabric and quality of public life were affected by the conflict to an enormous extent. While a superficial recovery occurred between 1932 and 1945 under de Valera, it was in many ways a hollow thing, a pretence that the events of 1922-23 had not really happened. A crippling of Irish public political culture occurred which necessitated an exaggerated reliance on Church and central State structures for the supply of political and cultural coherence. The historical dependence on the overarching structures of the Church, the State, the Fianna Fail party and the GAA only began to fade in the 1960s, as a general social pluralism began to melt the sociological glaciers generated by the Great Freeze of the post civil war period. This historical crippling is one which, I believe, we are still trying to overcome.

2. John Bruton, TD (Leader of Fine Gael, former Taoiseach):

“Ladies and gentlemen, first of all I would like to say that, although I read a lot of history, I am not an historian, and I make that disclaimer before I attempt to answer what is an historical question. The question here is – “Did we turn our backs on the North?”, or “Did we avoid the Northern question in typical Southern fashion?” – One can only answer that question by tracing what has happened since 1921 – one therefore can’t avoid talking about history.

“I propose to deal with it under four headings: firstly, to ask and answer the question “Did we turn our backs?”, secondly, to ask and, to the best of my ability, answer the question “Why?”, thirdly, to go on to the next question: “What made the division deeper?” and, finally, to ask the question “What can we do to reverse this process of having turned our backs”

1. “Did we turn our backs?” – “Yes, very much so, I think particularly from 1925 until 1965. I would regard the beginning of that process of turning our backs here on this side of the border occurred in 1925 – I suppose this was felt most acutely by Northern nationalists but in fact it represented a turning away from all of the people living in Northern Ireland …. The failure of the Boundary Commission to deliver some solution, that it was never going to deliver anyway, left an intellectual void in the minds of southern policy-makers – they literally couldn’t come up with a new approach. I think the end of that period of turning our backs dates from 1965 when Sean Lemass went to Stormont to meet Terence O’Neill. I think that was an enormous change – it’s very interesting to note that that decision was made literally within a few minutes. Sean Lemass had no notice that he was getting this invitation – he got the invitation, nobody had the slightest idea whether he would say yes or no, but he said yes immediately and the meeting was organised very soon afterwards.

“Since 1965 for a variety of reasons – some of them not so pleasant – we haven’t turned our backs on the North. We haven’t got the solution, but we haven’t turned our backs. But there was a big turning of our backs from 1925 to 1965 – this left a residue of betrayal in the minds of Northern nationalists who still blame this present generation of politicians – who spend an enormous amount of time on Northern problems – for the failure of their predecessors from 1925 to 1965. To some extent the distrust on the part of Northern nationalists of Southern politicians represents their sense of anger with what happened between 1925 and 1965 which they couldn’t deal with at the time, and didn’t talk about at the time. They seethed quietly but hadn’t the language to express their anger.

“They are now venting their anger on us, to a great degree unfairly, at a time when Southern politicians are actually, and have been, since Sean Lemass’s historic move, devoting a great deal of time to the problems of Northern Ireland. So it’s a question, I think, of delayed reaction.

2. Why did we turn our backs?: I would identify the following reasons, and I’m sure there are about 5 or 10 others. Why did we turn our backs initially? –

(a) Firstly, I think, we didn’t know who we were ourselves – it’s very difficult to have a relationship with someone else till you know who you are yourself… this State didn’t really know who it was for a long, long time. Were we a Republic or were we a Dominion? Should we be a Republic, or should we be a Dominion in order to keep up links with the North so that we’d have something in common with it. That question was never thoroughly debated or resolved. Were we, if you like, aiming to be a Gaelic state – expressing one culture – or were we aiming to be a multi-cultural state, having a British tradition and a Gaelic tradition mingled together. We didn’t answer satisfactorily either one of those questions – to an extent we haven’t answered them properly yet. Given that we weren’t able to answer the question as to who we were ourselves, it was exceptionally difficult and almost inevitable that we wouldn’t be able to form a very clear relationship with the two communities in Northern Ireland

(b) There was also an issue as to who in the North should we turn our face towards? – was it our obligation to turn our face to the nationalists alone, as some would still claim, or was it our responsibility to turn our face towards the nationalists and the unionists equally? We haven’t resolved that question either. That’s another reason why, to a degree, we still turn our backs. Many people still think, many senior people still think, that our first responsibility lies to only one of the two communities. I don’t agree. You saw that debate in the General Election – there’s a profound disagreement between myself and the Taoiseach. He has one view, I have another. How can we therefore turn our face to Northern Ireland until we have agreed what group we are turning our face to – is it one community or both?

(c) “We had different political parties. In Northern Ireland in the 1918 election the Irish Party beat Sinn Fein – de Valera was beaten by Joe Devlin in Belfast and almost all the constituencies in Northern Ireland were won by the old Irish Party. They only won one other seat in all of Ireland – Captain Redmond’s seat in Waterford. So the Northern Nationalists had a different party representing them … the Irish Party was wiped out effectively in the South. There were different organisations. Of course the Unionists also were wiped out in the South, and the Unionists were the party representing the other group in Northern Ireland, so you had two political parties up there – both communities represented by different political parties to the parties that were active in the South. That created, if you like, again a sense of organisational division which was compounded by these conceptual difficulties that we still have ourselves about what we aspire to be and who we aspire to have a relationship with in Northern Ireland.

“So those are the philosophical and organisational reasons as to why at the outset this turning of our backs took place.

2) What increased these divisions? “You could bring a list as long as your arm – I’m choosing arbitrarily a few factors which I’ll just mention and I’m sure any of you could come along and give me ten far better reasons than the few I’m going to give.

“I would identify the following reasons why the divisions which had this very profound conceptual root, which I’ve referred to already, became deeper:

  • “Once our State was founded we had a lot to get on with in 1921 – this was a very poor and desperate State. Most people believed it had no hope of governing itself. We had to prove first that we could govern our own state – deal with emigration, deal with the huge agrarian differences that existed in our country, deal with poverty… Those problems did turn our attentions inwards and it’s only now, that we’ve attained prosperity, that we can begin to look outwards again. There was that factor that drove us to get on with the job – the immediate task of keeping our own people at home and giving them a decent living and decent housing, and so on.
  • “The development of our economies was different – we started with two rather different economies. The South was agricultural, the North was heavily industrial. The North increasingly, and still, related to London economically – it was its principal market. The South initially did trade very much with Britain but as time went on it diversified much more and we had very different economies really. Then of course we had the fact that our currencies parted company in 1979, and since 1979 as well we had Thatcherism. We should not underestimate the significance of Thatcherism in the North. When you look at the ways in which North-South cooperation should be developed, it would have been far easier to have done this before 1979. Before 1979 they basically had Ministries and Semi-State companies and all of those sort of things of the kind that we have. You could always say, why don’t, say, the Northern Ireland electricity board and the Southern Ireland electricity board both get together, they’re both State companies, and cooperate. Why shouldn’t this or that be done on a cooperative basis for political reasons. The difficulty is that since Mrs. Thatcher took over in Britain all the bodies with whom you could have enforced cooperation in the North have been privatised or contracted out. So they’re not taking political direction any more – they’re taking direction from their shareholders. You can urge them all you like to have North-South cooperation, that’s not their priority. Their priority now, for many of these services, is achieving the bottom line… They’re not there to be told, as they were up to 1979, to cooperate.
  • Bureaucratic interests in the South: “As the South became successful its own public administration became quite comfortable with itself, and it didn’t really want the bother of having to get involved with a whole lot of cooperation with bodies in Northern Ireland which had a fairly different set of problems. There was an already full “in-tray” on the table in other respects, and there was a tendency, if you like, of “let’s mind our own turf”. There is that problem of turf. If we were to create an all-Ireland body to deal with tourism, for example, that would mean that Bord Failte would have to give up power. “There will be a resistance to giving up power, and having to wait for a decision to be taken in Armagh for all Ireland, when last year we could have got on with it and made the decision in Dublin and be doing the thing without having to wait for Armagh, or wherever this joint body is going to be…. That sort of problem is there. I’m struck by this because I was looking at the agenda that would have discussed the second Lemass-O’Neill meeting in 1965, and the list of things that Lemass was about to cooperate with O’Neill on in 1965 is exactly the same as the list that is now in the Framework Document, and we’re actually no further on in most of those areas of cooperation. Lemass’s list in 1965 – he didn’t stay in office long after that for health reasons, and then all the Troubles came along – but in fact the agenda is still there and there hasn’t been much progress. I think the some of the reasons are as I have described.
  • The 1937 Constitution and above all, the anti-partition campaign: “The anti-partition campaign was responsible, in my view, for entrenching partition. That’s an irony – I’m going to explain it in the last part of my speech, but it’s a very true irony, in my view. I would say this about the anti-partition campaign, particularly the anti-partition campaign of the late 1940s – the focus was on a distant objective of a united Ireland which all of the people involved knew, if they thought deeply about it, wasn’t going to be attained in the near future. By focusing all their efforts on a distant objective, the possibilities of progress in the foothills were ignored. That tendency, to sublimate everything into an impossible desire, rather than make practical steps forward, was something that we as a State here fell into. We were able to satisfy ourselves, as far as our consciences were concerned, not to get too worked up about, say, housing discrimination in Rosslea, or the way RUC members or B Specials treated Northern nationalists, on the basis that, if we solved these small problems, sure wouldn’t be reducing or removing some of the arguments we were able to use abroad for ending partition? Now you may say that’s an outrageous statement to make about our forebears, but I will quote you later in this address a memorandum of the Department of Foreign Affairs, and you’ll be glad to know it’s a memorandum that was published by Jim Downey in accordance with the disclosure of papers rules of 30 years, which clearly states what I’ve just said – that we wouldn’t want to get too involved in detailed activities to solve particular problems in Northern Ireland, particularly with a view to helping the nationalists because that would take away from our overall objective which is to end partition. That’s a fact – you may not believe it but it’s a fact, and I will quote later on the words from this memorandum.
  • The final reason, I would think, is that we in the South have become very focused on Europe, we have become very proud to be part of the European Union, and while that is wonderful for us, it has created a different experience for political leaders down here, to political leaders in the North who are not tugged [??] into Europe in the same way.

“So those are my reasons – firstly preoccupation with our own very severe economic problems, the divergence of administration following the Thatcher initiative, the fact that our economies started different and became more different as time went by, the anti-partition campaign, bureaucratic interests, and finally, the IRA. “The IRA have been the agents of partition more than anyone else… The IRA made us ashamed, they made us feel deeply ashamed. There was a sense there was something awful, and I feel this deeply. I feel horrified and ashamed at the IRA. I am an Irish Catholic – and I’m not ashamed to say I am a Catholic. I am a nationalist too, although I find it harder to say that because I hear spokespersons for the IRA attaching that term to themselves. I believe people down here have become radically turned off by the activities of the IRA and it’s not something that will disappear quickly, it’s not something you can turn around by calling a cease-fire and saying, “we have a cease-fire now, forget about everything in the past”. I feel the same horror at the death of Stephen Restorick as I did at the death of Jerry McCabe. I felt the same shame, and I would say most people here did too. If you really want to know why we’ve turned our backs, that’s the reason. When I hear spokesmen for the IRA and Sinn Fein talking about partitionist attitudes down here, I think who’s responsible? They are, more than anyone else.

“Those are my reasons as to why we turned our backs.

What can we do now to heal the divisions in Northern Ireland? “I’m going to talk personally, as John Bruton, as I have to say my credentials as someone who wants to bring unity of the peoples on this island have been questioned in the last few days by a number of people, not all of them Sinn Fein. I want to talk about my view as someone who has been, and hopes again to be Taoiseach, as to what our approach should be to end this turning of backs that has occurred.

“The building of a bridge between the Unionist and Nationalist people on this island has been my political priority since I became leader of my party seven years ago. This has been fundamental to every election campaign in which I have been involved, and always will be. We must lift the siege mentality in Northern Ireland that exists in both communities.

Understanding: “As in any human relationship which has been fractured, one must start by trying to understand the feelings, fears and suspicions of the other party. a simple recital of one’s own sense of loss, anger or injustice is unproductive, not because it is untrue, but because it drives the other party away, and ensures that dialogue never reaches the point where those issues can be explored in a useful way. That’s commonsense – it’s something you could talk about in respect of marriage or any other relationship which is in difficulties: you have to start with the other person’s point of view, not your own.

“Applying this commonsense insight about human relations generally to the divisions on this island, I have, in the last seven years, put a priority on showing the “other side” – in this case the Unionists – that there are many people on this side of the border who really respect their rights, views and allegiances. I am totally convinced that this is a necessary preliminary to any real dialogue of the kind that would result in Unionists showing reciprocal respect for the rights, views and allegiances of Northern Nationalists in particular, and of Irish Nationalists generally.

“My object has at all times been a settlement that would recognise rights, views and allegiances of both communities. But a reaching out by the Nationalist majority on the island to Unionists is a necessary precondition for this to happen, in my view.

Pan-nationalist front: “My approach to this has been constantly misunderstood by some Northern Nationalists, and particularly by Sinn Fein. The motives vary. Some have chosen deliberately to misunderstand. Others quite sincerely believe that Unionists cannot be persuaded by generosity, and that what is needed is a pan-nationalist front that stands up to them. I profoundly disagree with this view, but do understand that it is a natural enough reaction to the discrimination that Northern Nationalists experienced, especially in the period between 1922 and 1971.

“I do not believe that a pan-nationalist front would work. Indeed it would simply be a repeat of the errors made by successive Governments in the early years of this state who focused on anti-partition campaigns, rather than on practical and immediate steps to alleviate day-to-day Nationalist grievances while building day-to-day trust with Unionists.

“Indeed the policy of focusing on divisive long-term goals, rather than day-to-day measures to remove injustices, was described in a Department of Foreign Affairs memorandum of 1962, as follows: “Generally we have not been prepared to envisage attacking individual grievances of the Nationalist inhabitants of the North, as this would seem to imply acquiescence in the overall political status quo.”

Lemass visit to Stormont: “This policy was wisely abandoned by Sean Lemass. He reacted promptly three years later to the historical invitation to go to Stormont to meet Terence O’Neill. In so doing he responded positively to what Terence O’Neill had described as his policy of “building bridges in the community”.

“The Lemass meeting with O’Neill in Stormont was criticised by some Northern Nationalists, who felt it undermined the traditional anti-partitionist stance. One leading republican described the Lemass visit to Stormont as the “greatest betrayal of all”.

“Unfortunately, some Republicans, even today, see concern for Unionist sensitivities as “betrayal” too. They are wrong because they do not understand that anything that creates an impression that Northern Unionists are being “encircled” by a hostile nationalist front, which includes Dublin, just serves to make them more intransigent, undermines moderates within their ranks, and ensures that durable agreements will not be made by them.

“That is why, as Taoiseach, I was unwilling to have too many “front” type meetings exclusively with Nationalist parties, to the exclusion of other Northern parties. For instance, in the middle of the work of the Forum for Peace and Reconciliation, attended by numerous Northern parties, I declined to have a special joint summit with the SDLP and Sinn Fein, which would have excluded those other Forum parties from the North, as well as excluding the pro-Union parties who were not attending the Forum at all.

“This decision of mine not to have an exclusive Joint Summit with Sinn Fein and the SDLP was prompted solely by a desire not to isolate the other parties, but Sinn Fein chose to interpret it as a betrayal of some kind and even went to the bizarre length of using it to justify the IRA’s return to killing some time later.

Decommissioning: “Likewise, the decommissioning issue led to similar reactions. I have always realised that paramilitary arms will only be decommissioned, in any serious way, when a just political settlement is in sight. But equally it is not open to a legitimate democratic Government to concede the right of any private army to hold arms illegally on its territory.

“If an Irish Government were to let it be believed that, in any way, it regarded the holding of IRA arms as legitimate, this would entrench Unionist suspicions more deeply than ever before, because no previous Irish Government since 1922 had ever accepted the legitimacy of such arms holdings.

“Unfortunately, Sinn Fein again chose to interpret my insistence on the principle of decommissioning as support for a precondition of decommissioning, and again tried to use that to justify the IRA’s resumed violence. In so doing, they ignored the absolute necessity for an Irish Government to show that it is acting in good faith in its dealings with both Unionists and Nationalists.

Electoral pacts: “After the IRA violence had resumed, I made it clear that I did not favour electoral pacts with Sinn Fein, because Sinn Fein was supporting the IRA, and an electoral pact with Sinn Fein in those circumstances would convey the impression that violence was somehow a legitimate part of the tactics that ought to be deployed in support of political objects. This would radically alienate Unionists as any sensible person could see.

Suspicion: “I have dwelt on these incidents because they relate to an ingrained suspicion that probably exists, to some degree, in both communities in Northern Ireland. This suspicion is: anything done to reach out to one community must, by definition, be adverse to the interests of the other community. Therefore some Nationalists feel that reaching out to Unionists should not take place, and that the only thing they understand is pressure. Equally some Unionists of the law-and-order school think that pressure is the only thing Republicans will respond to. I believe their attitudes are completely wrong.”

Role of Taoiseach and Irish Government: “ As I said in the television debate before the recent General Election, I believe it is essential that an Irish Taoiseach see himself or herself as representing both communities in the North. Indeed for a Taoiseach to do otherwise would be contrary to the spirit of the Constitution. It would also contradict the principle of consent, because the principle of consent in practice means that both communities in the North will have to be agreeable to any durable settlement.

Stages and steps: “Obviously, there are stages and steps in the building of a durable settlement. the cessation of IRA violence was one such step, and a very important one. and it did require a priority be given at that time to building confidence in the Republican community that no settlement could be based on majoritarianism. That confidence is very strongly provided for in the ground rules that my Government put in place for the Belfast talks. This contributed to the IRA’s eventual second cease-fire. That was necessary to secure one side of the bridge, so to speak.

“Now that the talks have actually started, we need, from this side of the border, to look to the other side of the bridge as well. Only some of the Unionist parties are in the talks. Sitting in the same room with Sinn Fein was not easy for Unionist politicians, especially when, as they know, the IRA has not yet “gone away”.

Need for evenhanded approach “Therefore we need to ensure that we do not say or do anything that makes their position more difficult in the talks. At this particular point in the talks, it is consequently especially important that this State show itself to be evenhanded vis a vis Unionists. I believe that the Minister for Foreign Affairs, and his predecessor, have tried to be evenhanded in the talks so far, and that the British Ministers will also seek to be evenhanded too. Otherwise, the talks process will unravel.

“As far as public opinion in the Republic is concerned, it is important that it too should take every opportunity to display an evenhanded approach to all the participants in the Northern talks, in the interest of peace. I stress that this was never more important than it is at the present time.

“In the past, some would have felt that the British Government, because of the 1949 Ireland Act, was not constitutionally evenhanded and that therefore the Irish Government had some sort of obligation to lean in the other direction, in order to even up the score in some way. This analysis was valid for a time. But it is no longer valid.

“Since the Anglo-Irish Agreement, the Brooke Declaration, the Downing Street Declaration and the Framework Document, this argument is removed. The repeated solemn declarations in these documents by the British Government, that it has no selfish or strategic interest of their own in Northern Ireland, has levelled the playing field. Both Governments can now be evenhanded. This has created the conditions in which it is now up to both communities in Northern Ireland, with the support and strong urging of the two Governments, to find a mutual agreement that will respect and recognise both sets of allegiances – British and Irish – that must coexist in a productive way in Northern Ireland. I am reasonably confident that the talks will find a formula to achieve this. It will require constitutional and political innovation of a very high order. Lateral thinking, rather than a zero-sum approach, will be required. I believe that the talent exists at the talks table to find this way forward. But that talent will only find expression if the siege mentality is lifted. We must end the siege mentality. That is why we must go out of our way to show that both Unionist and Nationalist opinions count in our eyes.”

Transcript ends.

Editor’s note: questions section not included in the report due to difficulties with tapes

BIOGRAPHICAL NOTES:

Sean Boylan – chair of talk: Sean is a native of Dunboyne, Co. Meath. He was born into a family of healers and continues to practise as a herbalist. Sean was appointed Manager of the Meath GAA Team in 1982 – under his stewardship the team has won 3 All-Irelands, 6 Leinster Championships, 3 National Leagues and the Centenary Cup. Sean Boylan has received countless major awards both for himself and his players.

Tom Garvin (Head of Politics, UCD): Education – BA (History and Politics) and MA (Politics) UCD; Ph.D. – University of Georgia USA, 1974; Fellow, Institute of Public Administration 1964-65, Fellow, Woodrow Wilson International Center for Scholars 1983-84. Appointments: Lecturer, Politics Dept. UCD 1967-1991; full professor and Head of Department of Politics UCD in 1991. Other appointments: Professor, Political Science, Colgate University New York 1984; Professor and Fulbright Scholar-in-residence, Mount Holyoke College, Massachusetts 1987-88; Teaching areas: Irish politics and Irish political history and development; American politics; Nations and Nationalism; Comparative political development; Current research: Comparative nationalism; Major publications: (books only included here): The Irish Senate (Dublin 1969, IPA); The Evolution of Irish Nationalist Politics (Dublin, Gill and Macmillan 1981 and 2nd ed. in 1983); Nationalist Revolutionaries in Ireland (Oxford 1987); 1922: The Birth of Irish Democracy (Dublin 1996, Gill and Macmillan)

John Bruton, TD (Leader of Fine Gael). John was first elected to the Dail in 1969, the youngest member of the 19th Dail. He served as spokesperson for Fine Gael in many areas. At various times in the 1980s he was Minister for – Finance, Industry and Commerce, Industry and Energy, Public Service. Deputy leader of the Party 1987-1990; elected leader in November 1990. President, Irish Council of the European Movement, November 1990 to 1994. Member, British-Irish Parliamentary Body 1993 to 1994. Member, Parliamentary Assembly of the Council of Europe, December 1989-Jan. 1991. Johm Bruton was leader of the three-party coalition government which came to office in December 1994 and he served as Taoiseach with that Government until June 1997

Meath Peace Group Report, November 1997. (c) Meath Peace Group

Compiled and edited by Julitta Clancy. Talk recorded by Anne Nolan

Contact names 1997: Anne Nolan, Slane; John and Julitta Clancy, Batterstown, Pauline Ryan, Navan; Philomena Boylan-Stewart, Longwood; Michael Kane, CSSP, Ardbraccan, Navan

 

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1997 – No. 25: “Unionism and Unionist Politics” – report
Posted by Cian in Public Talk Full Reports

25 – “Unionism and Unionist Politics”

Monday, 28 April 1997

St. Columban’s College, Dalgan Park, Navan

Dr. Feargal Cochrane (Research Officer, Centre for the Study of Conflict, University of Ulster; author of Unionist Politics and the Politics of Unionism Since the Anglo-Irish Agreement)

Dr. Norman Porter (Member of UUP; author of Rethinking Unionism)

Roy Garland (Member of UUP; Co-Chair, Guild of Uriel, Louth)

Chaired by Henry Mount Charles, Earl of Slane

Contents:

Introduction

Addresses of speakers

Questions and comments

INTRODUCTION

Henry Mount Charles (guest chair): “Thank you very much ladies and gentlemen. I’m delighted to be able to fill in tonight. I admire the Meath Peace Group and it was through the group that I chaired the debate between the present Secretary of State [Sir Patrick Mayhew] and perhaps the future Secretary of State in Northern Ireland [Mo Mowlam]. [Editor’snote: the debate referred to was held in Craigavon and hosted by the Interaction Group]. It gave me an opportunity to get to know Mo Mowlam very well and it might be interesting in the years to come. … I have always felt … that until we on this island really attempt seriously to reconcile the two traditions we’re really not going to make any progress. … There was some reference made that the next meeting might be disrupted by the general election. I would like to make two remarks to that; I see a gentleman sitting in the audience whose collection of literature I have already received, so he’s already on the campaign trail! I was also pleased that Julitta made reference to the fact that I’m still an active member of Fine Gael. There was a piece in the Sunday Independent which suggested that I was no longer a member and that I had been rejected by the Progressive Democrats. I’d like to set the record straight – I am still a member of Fine Gael and I was asked by both the Leader and Deputy Leader of the Progressive Democrats to stand in this constituency in the forthcoming election. For reasons that I wish to keep to myself I decided against that particular proposition.

We have a collection of very distinguished speakers tonight and forgive me if I scramble around a bit with my notes but our first speaker will be Dr. Feargal Cochrane who is research officer at the Centre for the Study of Conflict at the University of Ulster, author of Unionist Politics and the Politics of Unionism since the Anglo-Irish Agreement. I was interested – just flicking through the notes – in relation to some of the remarks that Feargal Cochrane has said – that a description of the Unionist state of mind is that they live within a state of secular insecurity and perhaps he’ll make some reference to that. On my right is Dr. Norman Porter and again I was looking at the brief on his book Rethinking Unionism and I was amused and intrigued to see that he had received accolades from characters as diverse as Garret Fitzgerald and Martin Manseragh and indeed I’ll quote Hilda McThomas from An Phoblacht: “Porter’s book must be read by Republicans if only for the insights it provides into Unionism”, now that could be a mixed compliment! Roy Garland will speak last and he is a well known columnist for the Irish News and I’m sure probably well known to all of you. We will start off now and I will call on Dr. Feargal Cochrane to speak first.

1. Dr. Feargal Cochrane: “Unionist Politics”

“There are two main things I would like to do this evening; the first thing I want to do is make a few observations about the ideological complexion of Ulster unionism. What are the main dynamic forces which determine the political behaviour of Ulster Unionism? Secondly, I will make a few comments about the current leadership of unionism under David Trimble.

Ideological complexion of Ulster unionism: “I think the first thing to say is that unionism is by its very nature a reactive rather than a proactive ideology. It is at its strongest and most coherent as a political movement when it reacts against something that all unionists can commonly agree to be objectionable. For example, Home Rule at the beginning of the century, the ending of Stormont, and introduction of direct rule in the 1970s, the Anglo-Irish Agreement in the 1980s and the Frameworks Document in the 1990s. What these examples all have in common is that they were perceived by unionists to be a threat to their position within the UK. The trouble starts when unionists have to be more innovative and progressive. When they have to say ‘yes’ instead of saying ‘no’. When they have to decide between various policy options and advocate a united position for moving forward.

“I think there are essentially two reasons why they have difficulty in doing this. The first is because of the social composition of the ideology, and the second is because of the climate of fear and insecurity which inhabits and inhibits the unionist political psyche.

Diverse movement: “With regard to the first of these, unionism is a hugely diverse movement, a catch-all, cross-class, cross-everything political alliance, a single-issue group, if you like, with the one aim of preserving and strengthening the union between Northern Ireland and Great Britain. Unionism has classically been seen as a “monolith”. In reality it is anything but. It has certainly been an electoral monolith, but this cohesion at election times masks a hugely diverse group of people.

“The former unionist leader and NI Prime Minister James Chichester-Clark put it like this. He said that the trouble with the Unionist Party is that all you had to say to be a member was that you supported the union with Great Britain. Beyond that you could be any political complexion you wished. This is a problem for unionism as people are unionists for all sorts of different reasons, and while they may find some commonality over the core question of Northern Ireland’s position within the UK, beyond that they could almost be in different political parties and many would possess different and almost conflicting beliefs.

Insecurity: “The second major problem unionism has in presenting a positive and progressive face to the world emanates from a fear of their political surroundings. This derives from the historical experience of the unionist community and has been described as “settler (secular?) insecurity”. The Protestant community were, after all, the minority in Ireland until partition. The largest group in the North East, the Presbyterians, were regarded as heretics by both the Catholic Church and the Church of Ireland. They had to form a paramilitary army and threaten to rebel against the state they were loyal to, in order to avoid being sold out as they saw it by the British in 1912. They feared the same was happening in 1973 with the Sunningdale agreement and Power-Sharing Executive, in 1985 they felt the same thing was happening with the AIA and almost constantly the same thing has been happening in the 1990s. They felt that the Catholic community in the North and the South, have wanted to destroy the NI state since its inception, and technically speaking the Republic, through Articles 2 and 3, have been trying to do this since 1937. In fact the Republic could be seen as more aggressive now than in 1937 after the Supreme Court ruled in the McGimpsey case in 1990, that the achievement of Articles 2 and 3 were a “constitutional imperative”.

“The more radical unionists see enemies of Ulster all over the place really, in foreign fields, namely America and Europe. Some people in the DUP for example regard Europe as a Rome-dominated conspiracy designed to overthrow the Protestant position in Northern Ireland. You sometimes get the impression from Ian Paisely that the Pope is devising all sorts of schemes to take over Ulster.

Siege mentality: “In other words, to varying degrees unionists feel under threat. This has often been referred to as the “siege-mentality” of unionism. This varies in intensity from time to time depending upon the prevailing circumstances, it may vary from one person to the next. Michael McGimpsey summed it up when I asked him a few years ago if he had heard any whispers about the Anglo-Irish Agreement before it was signed in 1985. “Obviously we had suspicions before it, we all had suspicions, but then that is part and parcel of unionists’ paranoia and its very hard to know whether your suspicions are just merely in your mind, whether you have some basis for them, or whether you are simply being paranoiac. It’s the unionist nightmare you know, that they are going to be sold out.”

“Obviously, such feelings that their “civil and religious liberties” are being steadily chipped away by Perfidious Albion ie Britain, under the Irish Government, vary from one individual to the next, rising and falling on the barometer of constitutional uncertainty. Fundamentally however, unionism is an ideology which is very aware that it is alone in the world. The knowledge that they cannot unilaterally sustain the Union, has produced an inward-looking political culture, which has steadily lost touch with the patron-state to which it gives allegiance. Many Unionists, they often quote Margaret Thatcher’s comment that NI is “as British as Finchley”, many Unionists now fear that they are as British as Hong Kong.

Negativism: “In practice, this sense that they can trust no-one but themselves, and at times that they cannot even trust each other – witness Ian Paisley calling James Molyneux a Judas Iscariot a few years ago – this sense of nothing there to trust, either their political opponents or their political partners, is very debilitating for the ideology in general. It is often said that the price of liberty is eternal vigilance, well if that’s true then the price of vigilance is eternal exhaustion as everyone reads their political tea-leaves for signs of treachery! This has produced a sort of endemic negativism within unionism, where anyone who moves forward in a progressive direction is examined for signs of weakness, and undercut if they show any signs of moving away from the status quo. The safest political ground, it seems to me, lies behind the barricades and any unionist who moves out, and I have two exhibits sitting beside me, risks being sniped at by other unionists either motivated by narrow political opportunism, for example saying they can prosper at the expense of another political party, or else a real fear of betrayal.

Lundyism: “One member of the UUP made the astute observation a few years ago that “the spirit of Lundyism haunts all within Unionism who consider compromise, conciliation or negotiation.” The accuracy of that comment can be seen from innumerable examples, one of the more photogenic being the Rev. Willie McCrea’s public heckling of David Trimble last year, following Trimble’s acceptance of George Mitchell as Chair of the inter-party talks at Stormont. On the face of it this seemed a reasonable enough thing to do, George Mitchell for most neutral observers saw him as being a fairly fair-minded guy, a mild-mannered politician willing to help, certainly didn’t seem a republican sympathiser. For some unionists though, Mitchell was American and that was enough. He was Bill Clinton’s representative and consequently deemed to be on a mission to destroy Ulster. When David Trimble accepted Mitchell as Chair of the Talks he was attacked on all sides for showing weakness. UK Unionist Bob McCartney accused him of being gutless, unprincipled and a disgrace to the pro-Union people. The following day when Trimble was being interviewed on television, Willie McCrea shouted from the wings “Ulster’s not for Sale”.

“That is only one example of many which suggests that at timesit is impossible for unionist leaders to lead, or at least to lead in a positive direction, without jeopardising their own political careers.

Why should that be so? Why should unionists have this sense of siege?

After all, they are the largest political bloc in Northern Ireland, they have a built-in written guarantee, what republicans refer to as a constitutional veto, (in Article 1a of the Anglo-Irish Agreement; paragraph 4 of the Downing Street Declaration; and ad nauseam in the Frameworks Documents) that the constitutional position of Northern Ireland will not be altered without the consent of the majority within Northern Ireland.

“The explanation as to why unionists have not been reassured by this shower of literature, can be explained in one word. Fear. Unionists don’t believe the assurances which the British give them, that they will remain British until a majority within Northern Ireland desire otherwise. Those who do believe such guarantees, are afraid of what will happen if and when the mathematics change.

In addition, the guarantees they receive from the British appear anaemic in comparison with the position of other outposts of the Union, such as Scotland. They see the paradox in John Major’s opposition to granting internal devolution to Scotland on the grounds that it will “tear the fabric of the Union to shreds”, contrast that with his policy towards Northern Ireland, which is to promote not only power-sharing devolution, but with a substantial input from a “foreign” country. The conclusion which many unionists draw from this apparent anomaly, is that Northern Ireland’s position within the UK is not as strong as that of Scotland, and its leaving would not tear either the constitutional or psychological fabric of the Union apart.

“Consequently, Northern Ireland cannot be “as British as Finchley”, because the government have recognised through the AIA [Anglo-Irish Agreement], Downing Street Declaration and the Frameworks Document that there are two equally legitimate and conflicting sovereignty aspirations exist within the region and must be accommodated through constitutional compromise. It is not simply a case of Ulster being British.

“Clearly then, the present constitutional guarantee that Northern Ireland will remain a part of the Union until the British can get a reasonable excuse to get out, does little to assuage unionist fears.

While outsiders may see the insistence of Orangemen to march their traditional routes; the obsession with ceremonial ephemera such as flags and emblems, or the picket at the Catholic church in Harryville, as simple bigotry, where one community seeks to emphasise its domination over another, the underlying motivation for the importance of these rituals derives from a sense of fear.

“In effect, Drumcree, Lower Ormeau, the controversy over the playing of the British national anthem at Queen’s University etc., or more recently, two weeks ago, the abuse received by the parents of F1 motor racing driver Eddie Irvine, when a tricolour flew over his head at the Argentinian Grand Prix instead of the Union Jack, are all part of an annual virility test between unionism and nationalism. Each year, each side tests out where the boundaries lie within the “state”, in an effort to see if their position has grown stronger or weakened. Consequently for many of those unionists involved, Drumcree was not just about marching down the Garvaghy Road, it was about everything. Paisley gave the most voluble exposition of this particular case. “…There can be no turning back on this issue – we will die if necessary rather than surrender. If we don’t win this battle all is lost, it is a matter of life and death. It is a matter of Ulster or the Irish Republic, it is a matter of freedom or slavery.”

“While these remarks may over-state the case as far as the majority of unionists are concerned, the phrase “enough is enough” was uttered from many liberal unionist lips last summer. They claimed that they had been compromising for 30 years, they had nothing left to give, they were drawing “a line in the sand”.

Besieged minority: “This sense of being a besieged minority is an intrinsic facet of contemporary unionist behaviour and central to its political dynamics. It’s interesting to ask the question “has any Unionist leader in living memory for example, lost power or influence because he has been too hard-line?”. All have perished because they have been, or were perceived as being, too liberal. Terence O’Neill, Sir James Chichester-Clark, Brian Faulkner, Bill Craig and eventually James Molyneaux, were all pushed out of the unionist nest because they were seen to have jeopardised the tenuous position of unionists within the United Kingdom. Even the current Grand Master of the Orange Order, Robert Saulters, who claimed that Tony Blair was a traitor for marrying a Catholic, is now cast as a Lundy by those within the Spirit of Drumcree group, because of his pragmatic position over contentious Orange parades.

Mistrust: “This lack of confidence in their political surroundings has resulted in an innate mistrust, and made it very difficult for unionists to negotiate with their political opponents. The fear that they are losing out on all of the political, cultural and social indices, has produced the desire for retrenchment, for clawing back ground which has been lost or soon will be lost. This knee-jerk response, to hang on in desperation, acts as a barrier to progressive thinking and action within the unionist community, corralling the ideology within an intellectual and political ghetto. It may be a big ghetto, but it is still a ghetto.

David Trimble: “The news is not all bad however. Unionism has several things going for it. They are, after all, the largest political grouping in Northern Ireland. David Trimble is an intelligent, energetic and relatively young leader with the potential to negotiate a settlement with both the British Government, and Irish nationalism. He has been a much more proactive leader than his predecessor, setting up offices in Britain and the USA. He has talked a lot about modernising the UUP, changing the link between his party and the Orange Order, and he has promoted a lot of young blood within the party. Unfortunately he has done little more than talk about modernisation and the young Turks he is promoting seem to be even more hard-line than he is which is particularly worrying. Nevertheless, it is more likely that someone like Trimble from the right of the party with impeccable hard-line credentials in Ulster Vanguard in the 1970s, the Ulster Clubs in the 1980s, and Drumcree’s I and II in the 1990s, could lead his party towards a historic compromise, than someone like Ken Maginnis from the liberal end of the spectrum.

“However I think there are a number of difficulties which will have to be overcome before anything like that can be achieved.

“It would be fair to say that Trimble does himself few favours, often appearing hot-tempered, and arrogant, calling Dick Spring impudent, storming out of television interviews, running up and down the Garvaghy Road with Ian Paisley etc. It’s ironic that he may often confirm British stereotypes. “Those red-haired Irishmen old boy, they’re so temperamental”. Given his negative public image outside unionism, it’s difficult to envisage him being able to break down the barriers of mistrust which obviously exist between unionist and nationalist politicians in Northern Ireland.

“It seems to be that David Trimble needs a public image makeover, but it is unlikely that his actions this summer will provide it. Of course his defenders might counter this by saying that nationalists dislike Trimble simply because he is capable of standing up to them. However it has to be said that to date he has failed to lead his party towards compromise with nationalism and he has failed to halt the inexorable slide in unionist political fortunes. He needs a good election. He is no longer just looking over his shoulder at the DUP, as the knives are already out for him in his own party.

“In conclusion, while the spirit of Lundyism may haunt those unionists who consider compromise, conciliation and negotiation, this is a ghost which will have to be exorcised if unionism is to make any progress towards its objective of preserving and strengthening the position of Northern Ireland within the United Kingdom. I would tend to agree with Norman Porter’s view, that if the union of Great Britain and Northern Ireland is to survive into the 21st century, the unionist ideology must divest itself of its sectarian baggage and facilitate the Irish national identity within the institutions of the state. This requires establishing a new identity for unionism which is not based on Protestant culture, Protestant folk memory or selective historical recollection.

“It may be ironic, but the only way unionists can secure and strengthen the Union in the long term, is by loosening and weakening the political bonds which currently tie it together. They only way they will be able to make the Union more acceptable to the nationalist community is by recognising not simply their “aspirations” but by reflecting their cultural and political identity within the structures of the state. By recognising them not just as nationalist people, but as Irish people.

“Finally, Ulster may well stay British, but it will only do so in the long term if it becomes less British.” Thank you very much.

2. Dr. Norman Porter: “Rethinking Unionism – Towards a Northern Ireland Worth Having”

“I’d like to thank you for this opportunity to say why I believe unionism should be rethought, and to gesture at what a rethought unionism might look like. I can’t, of course, hope to do so in any comprehensive way. At best, I can merely provide a snapshot of a few of the central arguments developed more thoroughly in my book, Rethinking Unionism. In particular, I want to pick up those arguments which bear directly on the question I’m taking as the theme of tonight’s talk: how might we, in Northern Ireland, move towards creating a society worth having for all citizens?

“In a nutshell, my answer is that we can’t move towards the creation of such a society without a good deal of give and rethinking all round. But I’m not concerned here to speculate on what sort of give and rethinking is required of nationalists and republicans. I’m solely interested in what unionism needs to do to put its own house in order, so to speak.

“It has to be said from the outset and this comes as no surprise to anyone, that there’s huge resistance within mainstream unionism to the idea that its house needs very much putting in order. On a good day, perhaps, we might get the concession that the chairs around the kitchen table could be rearranged, or perhaps that the odd flower-pot could be repositioned. But there’s no recognition that the essential furniture has become a bit musty and threadbare and could do with replacing. On the contrary, unionist attention is devoted to spotting the dreadful flaws in the furniture of nationalism and republicanism. The operating assumption continues to be that unionism runs a very fine house which nationalism would do well to emulate, especially given the propensity of nationalists to tackiness and disorder. To cast doubt on such conventional unionist wisdom, particularly as a member of the unionist household, is to risk ridicule and ostracism.

“As an example of what I’m driving at, albeit one expressed in different language, take the remarks David Trimble made about my book, we might as well make it personal, during his speech to the annual UUP conference. If I understood him correctly, Mr Trimble was saying two things: that my views were either old hat or they’re off the wall.

“They’re old hat, apparently, in the sense that my vision of a non-sectarian, inclusive Northern Ireland in which all citizens have some sense of belonging (which by the way is integral to what I mean by a Northern Ireland worth having) is the vision that has inspired the policies of the UUP for as long as anyone can remember (and he said this with a straight face).

Compromise with nationalism: “But my views are also off the wall, apparently, inasmuch as I suggest that such a vision of Northern Ireland should be one that finds space for Irishness as well as for Britishness. And this is unthinkable – at least in the terms I propose – because it would require the seemingly impossible: which is that unionism compromises with nationalism, or, as the unionist-inclined academics of the Cadogan Group put it in their most recent pamphlet, it’d be equivalent to imagining that circles can be squared.

“This, I suggest, is tantamount to saying that unionism’s furniture is fine as it is. But the serious point to be underscored here is that unionism, as defined by Trimble, Paisley, McCartney or even by fellow travelling academics, can brook no compromise with nationalism. And to understand its seriousness we don’t have to hang around until that stage in substantive political talks where constitutional details are up for discussion; rather, we’ve seen it already in divisions among Northern Ireland’s politicians over the issue of decommissioning. Here the striking, and to my mind startling, feature of the unionist position is that compromise on decommissioning is equivalent to a compromise with nationalism, and therefore isn’t to be entertained.

Disagreement with mainstream unionism: “Anyway, what is revealed here, through these my examples, is one of the sources of my disagreement with mainstream unionism. What it wants to keep forever separate – the achievement of a non-sectarian, inclusive Northern Ireland on the one hand and the accommodation of Britishness and Irishness or, if you like, a reconciliation between unionism and nationalism on the other – seems to me utterly wrongheaded: you can’t possibly have the first without the second. To imagine or pretend that you can, seems to me to be barking up the wrong tree. Because I believe that, I also believe that unionism needs new furniture; that’s why unionism needs rethinking. In the absence of rethinking, unionists cannot do other than come up with an inadequate vision for Northern Ireland – a vision that completely fails to offer a way of life worth having for all citizens.

“And yet this is what we’re mostly stuck with. And to understand why we’re stuck with it, we have to understand that it’s in large measure a product of the priorities, commitments and conceptualisations commonly associated with unionism. To hope for a better vision from unionism seems to me impossible without first of all challenging its basic priorities, commitments and conceptualisations. This is what I very quickly want to do now in order to clear a space for a vision that draws on a different set of priorities, commitments and conceptualisations.

Challenging mainstream unionism: “I am claiming, then, that Unionism’s habitual attachment to old furniture, its reluctance to engage in any serious rethinking, reflects the priorities and commitments of most unionists, as well as the conceptual frameworks within which unionist thinking operates. And it’s precisely these priorities, commitments and conceptual frameworks that I think have to be challenged.

“First, I think the priority of unionism – “the Union, the whole Union and nothing but the Union” – that is the priority. I think that priority is no longer sufficient, if it ever was. It screens out or closes its eyes to the entitlements of non-unionists to Northern Ireland: Unionist politicians consistently have been oblivious of the effects of partition on the non-unionist minority which found itself living on the wrong side of the border against its wishes. This priority of unionism – the union, the whole union and nothing but the union – in practice has demonstrated little other than grudging acknowledgment (if any at all) of the wrongs of the old Stormont. We also find that unionists who expouse this priority tend to harbour lingering suspicion of Catholic/nationalist motives which makes relationships based on trust very hard to establish between political opponents; Unionists working on this priority tend to assume that the entitlements due to the “minority” are entirely non-political in kind and involve no tinkering whatsoever with the Union. Therefore nationalist aspirations are reduced essentially to a wish list politically speaking. That can be their only status. If your priority is the union, the whole union and nothing but the union – that can’t be tinkered with-then the heart of the nationalist claim in NI cannot be given any political expression, so it’s reduced to a wish list.

“Second, I’m critical of typical unionist commitments to ways of life that are presumed to be exclusively British. These commitments define a British way of life in Northern Ireland in two principal ways, either (i) exclusively Protestant terms (cultural unionism), or (ii) they assume a way of life in Northern Ireland that’s the same as or aspires to be the same as it is in Kent/Surrey (liberal unionists). That is the view which I associate with Liberal Unionists and by Liberal Unionists in this context I mean those Unionists whose heart’s desire really is to have full integration with the rest of Britain.

“Both of those commitments seem to be misplaced. Both seem to fly in the face of certain realities about NI and how its constituted and both are offensive in various ways, because both are incapable of taking seriously the fact that there are a substantial number of people in NI who do not think of themselves as British in either a Protestant sense or in a Liberal UK sense. With those commitments you can’t take properly seriously the commitments of those who don’t fit either the Protestant or the Liberal camp.

“Third, I think that unionism’s major conceptual frameworks require ditching. Either they entail, what I would regard as, unsustainable concepts of loyalty and liberty which inflate the virtues of Protestantism (by wrongly assuming, for example, that civil and religious liberties somehow depend upon Protestant allegiances); or they peddle unsustainable and one-dimensional notions of equal citizenship and freedom which ignore non-unionist positions, imply unbelievable caricatures of the British and Irish states, which then assume we are individuals and nothing more, and reveal a narrow, procedural approach to politics.

“The upshot of these various priorities, commitments and conceptual frameworks is that unionists, in my view, create straitjackets for themselves which make flexible, creative and generous politics very hard to imagine. Rather these priorities, commitments and conceptualisations underwrite a form of politics which is obsessed with rules (e.g. the multi-party Talks) and which seems to require the drawing of fresh lines in the sand (e.g. decommissioning and Drumcree).

Alternative: civic unionism: “Therefore I am suggesting that as an alternative I propose a view which I call “civic unionism”. It’s this view which I think is capable of defining a Northern Ireland worth having in a way that other unionist views can’t, that’s what I want to claim. It entails a different set of priorities, commitments and conceptualisations which, very crudely, it may be characterised as follows.

“First, its priority – the overwhelming priority is making Northern Ireland work. It’s the quality of social and political life in Northern Ireland that matters most and not the Union or a united Ireland. What matters most is the quality of social and political life in a society which we from NI have to live. What I regret is that the quality of that life has been systematically been sacrificed in the name of the union or in the name of a United Ireland. For the sake of the union we have been willing to ruin our own social and political life so that we now have the most segregated housing that we’ve ever had, certainly in Belfast. We have a sort of ongoing sectarian violence that’s just almost accepted as part of daily life in certain areas. We don’t even bat an eyelid any more. The sort of things that are thought to be outrageous or considered utterly intolerable in any civilised society are shrugged at in NI, why?, because we put up with it for the sake of the union or for the sake of an all-Ireland. It seems to me that our priorities are obscured, that we’ve got it wrong, there’s something drastically wrong. It’s bonkers. In that sense what I am saying the priorities of making a united Ireland on the one-hand or maintaining the union on the other are secondary to that priority.

“This should be plain enough, but at least one reviewer of my book missed it altogether. According to him, I’m saying that the UUP “must be dynamic and proactive in putting forward a more socially progressive vision of Northern Ireland, after the Union is secure. This civic unionism would create a new consensus more thoroughly copperfastening the Union”. Now this makes it seem that securing/copperfastening the Union is my priority and that I think this can best be done by privileging the quality of social and political life in Northern Ireland. (Thus he identifies me with the Cadogan Group). But my point is precisely the opposite: the quality of social and political life comes first, and the Union (or a united Ireland) second.

“A civic unionist alternative involves, secondly, commitment to the creation of a way of life in which we can all share as citizens. This means, at a minimum, one:

  • guaranteeing the protection of individual/group rights;

  • devoted to the achievement of a decent social life, i.e. one not simply held hostage to the whims of market forces, but based on acceptable principles/practices of social justice;

  • characterised by acceptable legal/security institutions, i.e. institutions which aren’t perceived merely to reflect the interests and ethos of the dominant tradition;

  • defined by its pursuit of a common political life, i.e. where the possibility of a common political identity is entertained through citizens’ involvement in practices of self-rule,healthy democratice practice seem to me to be only remotely possible if we have devolved institutions based on principles of power sharing;

  • seeing Northern Ireland not just as site of the Union, but also as site of co-mingling and clash of British/Irish factors all of which need to be accommodated and reconciled – North/South, Irish/British institutions.

“My argument is for Unionists to recognise that they are shaped by Irish factors which they often find hard to acknowledge and for nationalists to acknowledge that they are being shaped by British factors, that it runs against the grain for them to acknowledge. It’s only sense that we could properly define ourselves as decent mongrels and I think that that would be a much better way of going about things.

“All of that I say you can hold together if you have a more adequate conceptual framework which is based on three things at the very least.

Conceptual framework:

(i) Due recognition – “it simply says this that who you are, who I am as a person is dependant upon my recognition by other people. In other words if none of us are recognised by other people, it’s very difficult to have a sense of who we are and put a value on ourselves, because the value we put on ourselves very much depends on our being affirmed by others. But we’re not just individuals, we are that but I would also claim that who we are is defined very often by our cultural identities as well so that not to give proper recognition to our cultural identities is really to cast a slight on groups of people, is not to take those people seriously as they define themselves. So what we need is an idea of giving people whether as individuals or as members of a tradition to give the recognition they are due, without which we can’t every hope to function properly as human beings.

(ii)Civic Republicanism: politics of state and politics of civil society. [Editor’s note – tape ends here]

(iii)Dialogue central – “Thirdly and integral to that notion of citizen participation in the institutions of society is the idea that Dialogue is at the heart of politics, so that any notion of politics which sideline dialogues which thinks of it as some optional extra should be stopped because what it means is that politics has been distorted. Put it like this in the absence of dialogue politics becomes really the exercise in power which relies on coercion and manipulation, of certain people trying to get their way. It’s only when dialogue is seen to be at the heart of the political enterprise that there can be half decent notions of citizen freedom and equality which I argue all decent politics relys.

“So that’s my alternative vision, so that’s why I think Unionism needs to revise its priorites, rethink its commitments and operate within a broader and more expansive conceptual framework.

3. Roy Garland: “Unionism and Unionist Politics”

“I don’t intend to keep to you too long. I agree with most of what has been said, however I am slightly hesitant about the impression we are creating, that the Unionist community in NI, there’s little hope for them, they’re so intent on this madness associated with the conflict and the siege mentality that there’s very little hope for change there. It reminds me of a film I saw at Christmas time, I can’t remember the name. There was a married couple and they were fighting over small things, things gradually get worse and they end up in a very complex set of circumstances, actually bringing the house down around them, destroying everything and they both ended up dead. I think NI is a bit like that. I see it as a very sad situation, people are caught in the midst of forces that they have no control over.

“I believe and I would wish for the sort of reforms Norman was talking about, but I know where they’re coming from and it’s very difficult. If you’ve any idea what it’s like to be in a rival situation, we do resort to madness, we do resort to very silly things which when we reflect on we realise how very stupid they are and we do that in NI all the time. The difficulty is we’re talking about two communities, not two people and how are you going to get the two communities to move forward-it seems very difficult.

Hope: “I nevertheless believe that there is hope, there is hope amidst in the situation. I feel we’re walking along the edge of a cliff and at one side there is the abyss and if we descend into that and we may, we’re really in a Bosnia-type situation, but if you keep your eyes on that and the fact that we’re so near to that, it certainly has kept people’s eyes on the road and we try to make sure that we don’t go over and we haven’t gone over. I believe that because of that there is hope. Little bits of light here and there. So many cross-community contacts have been established including contacts north and south. People who would have never talked with each other are now talking, even in the midst of all the sectarian bitterness and the burnings of Churches and Orange Order halls, they’re still is in the centre of that chinks of light and it reminds me of the old saying “You’re better to light a candle than curse the darkness” and there are candles being lit and the hope is that those will be found into a flame.

“My hope for coming down here is that everybody can play some part and the more they understand what we’re involved in, the better the chances for getting through this because the alternative is pretty catastrophic. I remember people used to say “we’re Unionists, we never resort to violence”, that was some years ago. I think it is now conceived that violence is endemic in the NI situation, it’s built in violence and the potential for further violence is still there…..

Principle of consent: “One of the more positive aspects of the present situation in Northern Ireland from a unionist perspective, is that nationalist parties have faced up to, and accepted, the principle of unionist consent to constitutional change. This has the potential to release unionists from the age-old siege mentality and allow them to move into a more constructive mode of thought. However there is a number of factors that make that difficult, the fact the Sinn Fein have refused to accept that principle. Now there’s a sense in which it appears that that refusal is only being used as a bargaining tool. There’s also a feeling among unionists, that ok the principle of consent for a United Ireland has been accepted but in the sense there’s a pressure on unionists to move toward a united Ireland. I don’t see it this way, I feel that as Norman said we need to change the union in order to preserve the union. If things are to stay the same they have to change. But unionists feel that the change must always be in the direction of Irishness rather than Britishness and of course the background to that is the whole siege mentality and the hesitancy about trusting. It’s a very very human problem. I do believe that given a credible cease-fire on behalf on Sinn Fein and on SF’s inclusion in the talks, a settlement might be a possibility. Violence has been tried in NI for 27-30 years and it hasn’t worked. Both communities have had enough I think. Both communities don’t want it back, that’s not to say we won’t go back to it but it’s a very conscious desire that we won’t go back to it.

“However, unionist politicians remain reluctant to accept it at face value. Their right to reject a united Ireland appears to them to be qualified by the need to make progress in that very direction.

Violence: “There is also the problem of Sinn Fein’s rejection of consent and the IRA’s use of violence and the threat of violence as a political weapon, with which to coerce unionists. Unionists fear that the IRA will seek to de-stabilise any potential agreement short of their stated objective, a 32-county socialist republic. Sinn Fein leaders have stated they are prepared to support a negotiated settlement. My understanding by what they say is providing all-inclusive negotiations take place there is a point beyond which the IRA won’t go back to violence- but tell that to the Unionists. The unionists frankly don’t believe this, the unionists feel that whatever settlement is arrived at that the IRA will de-stabilise it until they get what they want and Sinn Fein have not done an awful lot to convince them otherwise. Of course they have their own problems, this is the difficulty in NI – two communities with their own problems, their own hard-liners, their own violent men, trying to move into a situation in which they can accommodate each other.

Loyalism: “Violence, perhaps at an unprecedented level, remains a real possibility. As long as the IRA plays around with violence and disruption greater and more serious Loyalist retaliation becomes a likely outcome. If the loyalists begin to retaliate in a serious way then we’re into the nightmare. Loyalist leaders have played a central role in fostering the prospects for peace over many years, under very very difficult circumstances. I have a little booklet here, I only have half a dozen, which is part of a dissertation that I did on the UVF and their attempts to change the political complexion to some extent of NI. Sums of people ended up in prison and those outside began to think the unthinkable and think about the possibilities for another way forward. They also had the dubious benefit of being in prison where they could talk to certainly official IRA and even some members of the provisional IRA in prison and talk with each other in a situation where they were withdrawn from it. In my mind that’s one of the hopes, one of the lights in the situation. They find expression now in the PUP and to some extent the UDP. My understanding of their unionism is that it is a unionism that is devoid of sectarian rhetoric and links with religious bodies and that sort of thing. They’re looking for progressive Unionism. They have had great difficulty getting it off the ground. They have been going for 20 odd years. Relatively small group, within the paramilitaries. When they first tried to go in to the political realm they were hammered fairly seriously, mostly by other unionists, but they have learned a bit from that and they’re plying away at the moment trying to make an impact not with terribly great hopes of success but they’re looking towards the local government elections that are coming.

“IRA violence has made it extremely difficult for those people to take the stand as I believe they are capable of. They also make it very difficult for anybody else in the Unionist party to move forward. They have been frustrated in their efforts by those unionists whose concerns with conspiracies have served to paralyse all forward movement. IRA violence also makes it extremely difficult to restrain elements in the Loyalist paramilitaries.

“Some Loyalists have engaged in redefining and reconstructing unionism as a potentially inclusive philosophy, devoid of sectarian rhetoric, since the early 1970s. While there have been significant changes among republicans they have hardly yet begun to seriously redefine and reconstruct a new republicanism devoid of nationalist rhetoric and violence. Nor have they expressed remorse for victims of violence in the way that Loyalists have done.

“David Trimble of the Ulster Unionist Party, I believe, may be prepared to do a deal with nationalists, despite outward appearances. However he faces determined opposition from Ian Paisley who waits ready to pounce should Trimble make on “mistake”. This would enable him to initiate a “Trimble must go” campaign and take the lead in unionist politics. I believe that’s a serious danger, I was at a unionist meeting two weeks ago in which a fairly seniour member of the Unionist party launched a vicious attack on his own leader. He’s extremely vulnerable not only to Paiseley on the outside but Paisleyites on the inside and some elements in the Orange institution who would be more sympathetic to the spirit of Drumcree so David Trimble is in a very dubious situation. Having said that he comes from that background himself but I believe there’s some progressive or let’s say sensible elements in David Trimble and the people around him who could move forward and I am hopeful that there may be if he has the strength, and I believe he is very weak in terms of his own party and the opposition party and I think you have to take that into account with any change.

“Significant elements, in the Orange Order and in the Unionist Party itself, are prey to the same deep-seated fears of betrayal and insecurity, upon which Paisley has built his empire. He could easily galvanise support for himself from within the Unionist Party should Trimble put a foot “wrong”. That was the case in the 60s. I was a member of the Unionist party from roughly 64-72 and at that stage there was a very significant element in the Unionist party whose loyalties were actually to Paiseley and there’s still that element in there which makes it very difficult for Unionists to move forward. So Trimble must proceed very cautiously remembering the fate of some of his predecessors.

“The Orange marching tradition has provided both extremes with an opportunity to pursue their respective sectarian agendas. There’s actually suggestions that some of the violence; the burning down of churches etc. were actually done by one community in the name of the other, by people who actually want to stimulate strife because they feel that until there’s a more aggressive approach then the situation won’t change. The problems of Northern Ireland are such that a high degree of wisdom, restraint and responsible behaviour is required of both communities, if further violence is to be averted. Many obstacles lie on the road to a peaceful settlement and the eventual outcome is unlikely to meet the aspirations of either community so the potential for de-stabilisation will remain strong.

Fears of peace: “There are those in both communities who fear peace, and would not know how to respond to such an eventuality. Peace would bring into question the years of violence by the IRA as well as the intransigence of certain types of Unionism. What was it all about if we can find peace in some sort of context where people are sort of half satisfied where nobody’s fully satisfied, why all the bands, why all the killing, why all the instransigence? It begs the question about all the past behaviour. The path ahead is narrow and difficult but there are some grounds for hope that in the end, we will find a way forward. How much more suffering and sorrow we must go through in the meantime, only time will tell. Thank you.

QUESTIONS AND COMMENTS (incomplete)

Q1. “I’ve been coming over here to talks for the last two to three years and every unionist that was here, with the possible exception of Martin Smyth, all said that we needed to move the furniture and something else in the party. Very little seems to be happening, they all seem to have the same idea that there’s change needed in the Unionist party … but nothing is happening.”

Roy Garland: “You’re back to problems of people in the Unionist party. There was a decision to examine the Orange link, there was serious discussion about that and there was documents sent out to the local branches and when some of the branches got the documents they were very annoyed that they should tamper with the orange link. At a Unionist council meeting, a fairly leading orange man and unionists stood up and asked was this what they were planning to do and I think the leadership was immediately on the retreat. You’re moving from a situation where there is a significant Orange element in unionism, I know that the Orange Order seriously contemplated going to Dublin to make a submission to the Dublin Forum for Peace and Reconciliation which would have been a very very positive development but southern Orangemen blocked that because they felt they would not get any credence from the Gerry Adams outfit- the peace commission. Some Orangemen are progressive. There is a strong element in there that are very fearful which would be associated with people like ..Patten of the Spirit of Drumcree and are hesitant to move forward at all. I should say that at the moment that I have hope for change in the unionist party but as Norman and Feargal know my membership of the Unionist party is under doubt at the moment because I was pictured with Gerry Adams. It would be interesting to see how that pans out. Things were beginning to open up during the peace process. I was able to share a platform with Martin McGuinness and stay in the Unionist party as part of the Forum for Peace and Reconciliation. There was some question about but in the end they said it was ok. Ken Maginnis was prepared to speak with the leader of Sinn Fein, things were opening up and people were calling for change in the Unionist party. The Republicans had their problems and they decided that they had to go back to violence and that detroyed the whole process. I think they expected too much – 18 months and it seems something should have been done, I thought so and I did what I could and everyone did what they could but 18 months is not long enough – this is a centuries old problem. It will probably take many many years before we’ve got to where we’ve got to go. My understanding is that there is attempts to ensure that the next time there is a peace process it will be more solidly grounded and there will be more of a realisation on behalf of the people that this will take some time and it won’t happen overnight.

Feargal: agrees with questioner and with a lot of what Roy said. Difficulties were outlined earlier. Trimble said he wanted to change – but the foot soldiers sent a stern message. Current Grand Master of the Orange Order – started off badly but he’s now being called a Lundy.

Q. 2: unionists portray the British as tricky.

Feargal: I am not actually a unionist. Huge complexities in unionism – Ulster loyalist “more British than the British”. Regionalism

Q: Where does allegiance lie?

Feargal: Paisley – fundamental – Sammy Wilson doesn’t care about monarchy. David Ervine couldn’t care about monarchy. Hutchinson is a socialist. “Ulster” first. Some people in DUP are “yuppies”

Norman: complex – depends on how unionists define themselves. Protestantism – peculiar sense of Protestant Britishness now located in NI. Prophetic role – “chosen people”. Integrationists – allegiance due to Britain – more galling for them when they see perfidious Albion.

Q. 3: He refers to NI as “Northern Ireland” – Wishes NI people would refer to our state as “Ireland”. If intended to be offensive, then they are offensive.

Unionist position is something we are not constantly aware of. He would defend unionist right to be unionist, but he is aware of areas where people believe they are governed without the consent of the governed. border not just the cause of the problem – but problems about its location. If people in NI would concede these areas – it might contribute to peace.

Should Ireland be re-partitioned?

Norman: “Belfast would be a problem”

Feargal: “It would cause huge tensions”

Roy: There may be more opposition from republicans. He believes it would be pretty awful. Nationalists in NI are more nationalist than southerners. we almost thrive on confrontation – republican negative thinking – “Brits out” terminology – “we’re Ireland as well”.

ENDS [Editor’s note: audiotape incomplete but video tape to be examined further ]

Meath Peace Group talk 25 (1997) (c) Meath Peace Group

Compiled and edited by Julitta Clancy

 

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1997 – No. 24: “Policing in Northern Ireland” – report
Posted by Cian in Public Talk Full Reports

24. “Policing in Northern Ireland”

4th March, 1997

St. Columban’s College, Dalgan Park, Navan

Speakers:

Maggie Beirne (Committee on the Administration of Justice)

David S. Cook (Chairman, Police Authority for Northern Ireland, 1994-1996)

Chaired by John Clancy (Meath Peace Group)

Contents:

Maggie Beirne: The Misrule of Law (CAJ Report, 1996)

David S. Cook: “Policing in a Divided Society”

Questions and comments

Biographical notes on speakers

Appendix A. Extracts from The Misrule of Law (CAJ, 1996)

Appendix B. Extracts from Reports of Police Authority for Northern Ireland – results of community consultations undertaken in 1995 and 1996

1. Maggie Beirne (Committee on the Administration of Justice):

Thanking the Meath Peace Group for the invitation, Maggie Beirne explained that the Committee on the Administration of Justice (CAJ) is an independent cross-community group dedicated to the protection and promotion of human rights:

“The CAJ takes no position on the constitutional status of Northern Ireland and is firmly opposed to the use of political violence. Essentially, we say that whoever is responsible for the territory has responsibility under international law …. We deal with the whole area of human rights activities … but also, because of the conflict, we deal particularly with issues such as emergency legislation, prisoners, policing etc.”

“Last summer [1996], during April-May, we started to think about what was our role, as a human rights group, with what everyone realised was going to be a very difficult summer, given what happened at Drumcree the previous year. We saw two issues that were very crucial:

  • The parading issue – “the need to develop some sort of framework within which there could be an adjudication between what we saw as a conflict of rights – these rights are protected under international law, but they are not absolute rights. They require accommodation and debate to ensure those rights are properly protected but are respected in a way that respects the rights of others. We made a submission to the North Review Body set up later in the year.
  • The policing issue. “This was, in a sense, a more immediate issue. There would always be contentious parades in every society. It’s extremely important in that situation, that policing of those events is seen to be impartial and evenhanded. We recruited 60 observers to act as monitors of what was happening on the streets. We informed the marchers, the residents groups and the police that we would be there – we were there very publicly, monitoring the situation and reporting back ….”.

The Misrule of Law: “What came out of that was a very detailed report The Misrule of Law, which can be divided into three sections:

1) Policing and public order in general terms – “Why were certain decisions made? Our observers witnessed very serious rioting – we say consistently in the report that the police were in a very difficult situation. It’s even more important that the police act impartially. A lot of questions need to be answered. We focus on these in the report. For example, it was unclear why certain actions were taken. Maybe there were operational reasons, but it wasn’t always evident on the ground.”

2) Plastic bullets – “The CAJ is opposed to plastic bullets in all instances. They’re a lethal weapon – in many instances their use has exacerbated the tensions. The summer of 1996 raised particular concerns – over 6, 000 plastic bullets were fired in just over a week…. that represents an enormous use of force.

“Of further concern is the manner of their use. The unrest and public disorder last summer could be divided into two categories: unionist and nationalist. In the period up to the 11th July, which was a period of mostly unionist unrest, 660 plastic bullets were fired. During the period of nationalist unrest following the 11th, when the parade was allowed to go down the Garvaghy Road, over 5, 340 bullets were fired. We’re opposed to the shooting of plastic bullets at any protestors, but it is of even greater concern if plastic bullets were used in a sectarian or biased way. There were very serious disturbances both before and after the decision to allow the parade to go through. There was very serious rioting – as we witnessed in Derry on the 13th and 14th July – but the plastic bullets were not stopping the problem, instead they seemed to be exacerbating the situation.

“In the report, we ask questions and challenge the authorities. This was a very serious period in Northern Ireland – it’s been an extremely divisive period, and we’re left with a lot of long-term problems, as many of you are aware. At the very least there should be an assessment of what happened and why it happened and what can be done in the future.”

3) Specific incidents: “The third part of the report deals with a number of specific incidents, such as the Garvaghy Road and Ormeau Road situations, an incident in the casualty unit of Altnagevlin Hospital, and the death of Dermot McShane who was killed by an army saracen truck. Other issues raised concerned the police complaints system, and government responsibility ….”.

“The police were in a very difficult situation. We feel the Government abdicated to a large extent its political responsibility in allowing it to happen, then not intervening effectively, and then not setting up an international inquiry at the end of the process.

Following the issue of the report in November last year, the CAJ has had follow-up meetings with the Police, the N.I. Office, the Tanaiste, and anyone who can bring influence to bear.

In response to criticisms of what happened last summer, the Government set up two mechanisms

1) the North Review on Parades and Marches

2) the Government also said it would ask Her Majesty’s Inspector of Constabulary to look into the whole question of policing and the use of plastic bullets.

“We welcomed the first initiative, but were critical of the second, as this would be a review carried out by a policeman, and would not seek public input. We came back strongly and saidit was a “totally unacceptable response”. As it turned out, the report is narrow in its focus, and in many senses doesn’t even take into account the complexities of the context within which the police are operating in N.I.. However, even with these limitations, the Inspector is critical about many things – the command structure, training, the use of plastic bullets etc. These are issues that must be pursued.

Human rights: “We in the CAJ believe that the issue of human rights is central to the conflict in Northern Ireland. It’s only by addressing these issues, that we can ever hope to resolve the problem. It is a very long-term process, but by doing this kind of work, publicising it, getting others to bring influence, we feel that change will come about in the long-term.”

Concluding, Maggie Beirne said:

“Looking ahead, everyone’s very nervous about next summer, particularly as the North Review has in a sense been put to one side and it is not really evident that it will have much effect on next summer. We are examining what we can actually do to contribute to bring about change. We are trying to encourage the European Parliament and others to think about sending observers. We will continue to put pressure on the police etc. to ensure that changes are made.Thank you.”

[Editor’s note: Extracts from the CAJ Report The Misrule of Law are included in Appendix A below.]

2. David S. Cook (Chairman, Police Authority for Northern Ireland, June 1994 – March 1996): “Policing in Northern Ireland – A Divided Society”

“Maggie has touched on a critically important episode in recent history – but it is more than an episode – it’s really a manifestation of the central problem in Northern Ireland. Maggie has quite correctly drawn our attention to anxiety about next summer, and you may well wish to come back to that at the end. The title of my talk is “Policing in a Divided Society”. I hope you’ll find my comments complimentary to what Maggie has been saying.”

Duty of RUC: “After the new Chief Constable of the RUC was appointed at the beginning of November 1996 some Unionist commentators, and their supporters on the right of British politics, objected vociferously to his comment that the RUC does not exist to support the Union or, in a similar phrase which surfaced at the same time, that it was not the job of the RUC to uphold the Union.

“These simple, and from a professional policing point of view, obviously correct assertions raised a storm of protest from those Unionist commentators whose mistakenly cosy assumptions about the correct duty of the RUC had been disturbed. In this paper I assert that it is not now and never has been the proper job of a police service in any society to defend the State as such; and further that in a society which is as deeply divided as Northern Ireland, it cannot possibly be correct for a police service to align itself exclusively with one side only of the argument and division in that society.

Single police service: “I am firmly of the opinion that Northern Ireland should have a single police service, operationally independent and free of any partisan or political influence or control but comprehensively accountable to the entire community it serves through the law and a broadly based, fully representative Police Authority, with its own independent committment to operating in public and openness, transparency and accountability.

“The members of the police service, who should be drawn from all sections of the community, and recruited on merit and suitability, should be well-equipped, comprehensively trained and also be aware of and sensitive to all strands of religious, cultural, social and political beliefs which span the diversity which characterises Northern Ireland’s deep and complex divisions.

“Upholding the Union” is part of the political rather than the legal lexicon.

“Upholding the Union” is what Unionists do (or should do, if like me, you do not think they are sometimes very successful in their attempts). “Upholding the Union” is what, sometimes, Unionist propagandists and hacks demand other people should do.

“This can be put another way. There is no law on the Statute Book called “upholding the Union” any more than there is any crime on the Statute Book called “not upholding the Union”. “Upholding the Union”, and for that matter, its opposite, are not laws or crimes. If they mean anything they indicate practical programmes, activities or policies and, in Northern Ireland, they could be said to be part of the political culture of each of the main groupings in society.

Flying the Union Jack on police stations: “Let me give you an illustration of my point. You may know that I have been criticised for suggesting that there is no good policing reason for flying the Union Jack on police stations on the 12th of July. That practice which I believe is bad policing practice and which I think must be changed is the sort of thing which some Unionists would include in a general description of “Upholding the Union”. It is a good example of why it is not the job of the Royal Ulster Constabulary to “Uphold the Union”.

“It should be said that if Unionists in fact had the best interests of the police at heart they should stop demanding that the police should defend the Union. They should set out to defend the Union themselves. Speaking as a civic unionist, rather than as a cultural or liberal unionist (and this is a distinction which has been proposed relatively recently), I am confident that there are a range of policies which Unionism could and should adopt which would be very beneficial as far as the Union is concerned. But one of those policies is that it is expressly not the job of the RUC to uphold or defend the Union; that it is their job to uphold the rule of law and to apply the law fairly and impartially; and that in this deeply divided society they should be culturally and politically evenhanded and neutral.

“If Unionist commentators are correct that the police service should be “Unionist” in the sense that they should “Uphold the Union”, then they can have no valid argument for not allowing that there should be another police force which should be “Nationalist”. And in those circumstances there is probably no end to the number of police forces which other political interests might legitimately demand. I think that that would be an absurd situation. There should be one police service only in Northern Ireland. But the proper consequence of that, in the words of Sir Robert Mark some twenty-five years ago, is that the police service must “act on behalf of the people as a whole”. In this paper I examine why we need an accommodation in regard to policing and the nature of what that accommodation ought to involve.

“But before doing so, I want to expressly dismiss the argument (advanced by the Daily Telegraph Leader of 4th November 1996) that because the Government of Ireland Act 1920, upon which the Union rests, is part of the law, and because it is part of the RUC’s duty to uphold the law, then the RUC cannot be neutral on the Union. This argument should be rejected on three grounds:

(1) Union based on UK laws: “The first is largely technical but it is nevertheless a point worth making. The Government of Ireland Act, 1920, and the subsequent Acts of Parliament on which the Union is based, are acts of the Westminster Parliament which are therefore UK laws. Those laws are not therefore part of the laws of Northern Ireland which, it may be said, it is the duty of the RUC to uphold. The Union needs to be upheld and defended in the United Kingdom Parliament. The fact that the Union is based on UK laws should be a salutary reminder to Unionists that it is in the UK as a whole that the Union needs to be upheld and defended.

(2) Criminal law: “The second group is more important. When people talk about the duty of the police being to uphold the law, the law they are talking about is the criminal law and laws relating to the safety of individuals and groups in society, such as the law relating to traffic, sexual offences, and racial intimidation, and the law relating to public order. In this sense the criminal law can be extended to include the law of evidence and the law relating to due process and criminal trials.

“But there are whole areas of the law such as company and commercial law, the law relating to the administration of estates and intestacy, or merchant shipping or conveyancing, and the list could go on and on, which people do not think of as areas of the law which the police have a duty to uphold. Constitutional law, whether relating to local government, or the Area Boards, or a Northern Ireland Assembly or the United Kingdom laws which relate to Northern Ireland’s status as part of the United Kingdom, or the defence of the realm, is another such area.

(3) Deep division: “But whatever the merits or demerits of these points, the third ground is much more important. Only a fool could suggest that the Government of Ireland Act 1920 is other than the central focus of the argument and division both within Northern Ireland and elsewhere between Unionism and Nationalism.That deep division has not yet been resolved.

“I think that it will in fact be resolved in due course in the “talks” process which has now been going on for some five or six years but it has not been resolved yet. Only a fool would sweep those arguments and divisions under the carpet so as to burden the already over-burdened police with an alleged duty to uphold, in what could only be a spectacularly partisan way, the law which is at the very heart of what makes policing so difficult in Northern Ireland.

“To insist on the Daily Telegraph line is to condemn the RUC to being partisan in a divided society and thus inevitably, to ineffectiveness and failure to do its duty “to act on behalf of the people as a whole”.

Recent background to the policing debate: “When I was appointed by the Secretary of State to be Chairman of the Police Authority for N.I. in June 1994, I neither sought nor was given any indication, let alone instructions, about what policies, changes or reforms I was expected to propose or pursue. I did however assume, and no-one, in Government or elsewhere, has ever suggested to me that this was a wrong assumption, that I was expected to apply my experience of politics and public affairs in Northern Ireland over twenty-five years or so and to give careful thought as to how the Police Authority’s main statutory duty under section 1 of the Police Act (N.I.) 1970 – “to secure the maintenance of an adequate and efficient police force in Northern Ireland” – could and should best be carried out.

Reform: “In 1994 the pungent whiff of reform was very much in the air. The Sheehy Report on police pay and conditions had recently been published and the RUC was to be subjected to its far-reaching accommodation. There was also a government discussion paper – Policing in the Community – on the table, which reflected the widely-held view, detected by Sheehy, that the tripartite arrangements for police governance – involving the Secretary of State, the Chief Constable and Police Authority – needed to be redefined and clarified to make them both more workable and effective.

Police governance in Northern Ireland had not essentially altered or developed during that period of twenty-five years even though the size of the force increased dramatically. The Police and Criminal Evidence Order (N.I.) of 1989 had produced Community and Police Liaison committees (which in turn, by the time I was appointed, needed encouragement and development) and the Lay Visitors Scheme had been introduced. It was not easy to answer a general criticism that the Police Authority was dormant. More severe criticism from some quarters suggested that it was actually stagnant.

Policy areas needing to be addressed: “It should have been, and I would argue that it was, obvious to anyone who was interested in carrying out the Police Authority’s main statutory duty, that three general areas of policy needed to be addressed and they were (and still are) in relation to:

(a) The Symbols of Policing by which I mean the uniform, name and badge of the RUC; the creation of a neutral working environment; the flying of the Union flag on police stations; and the Constable’s Oath of Office.

(b) The Practice of Policing which includes: getting to grips with what community policing actually means; what structures should be adopted for communications between police and many different communities and neighbourhoods; the reform of the complaints system; looking into what is meant by, and whether there would be benefit in, some sort of two-tier policing; and giving thought as to how membership of the Masonic, Orange or Hibernian Orders should be dealt with.

(c) The Reform of the Authority itself which includes: redressing its unrepresentative nature; changing its behaviour from that of a secretive private commercial operation into an accountable open public body; and in the process opening up its meetings to the press and public in ways similar to, if not exactly the same as, Police Authorities in Britain.

These three areas for development and reform were clearly not enough for those whose simple cry was to disband the RUC but I make no apologies at all for making clear my view that they were, and indeed remain, intelligent and valuable ideas which will still have to be addressed sooner or later. I also believe that while, in some respects, they will be challenging for the police themselves, they will contribute to the beneficial development and improvement of policing in Northern Ireland and will be welcomed by intelligent professional policemen and women.

Police Authority: “But an equally important problem so far has been the Police Authority itself and by extension the responsible ministers. As I and a colleague (Chris Ryder, a journalist with many years experience of policing in Northern Ireland, who was appointed to the Police Authority at the same time as myself) moved through various internal discussions and debates (and we were not by any means alone in the Authority), to bring forward ideas and proposals in each of these three areas, the tension rose to a point in January and February of this year when a majority in the Authority simply could not bring themselves to support the modest proposals in these three areas which were being advocated. What had been, very nearly, a majority in favour of them scuttled for cover. Votes of “No Confidence” were passed (by two thirds to one third) in myself and my colleague; and in March 1996 the Secretary of State, who could not conceivably have expected us to do other than propose rational and modest reform, sacked us rather than supporting us in those modest proposals for reform.

“ I believe that I am the only Chairman of any Police Authority anywhere in the UK at any time to be sacked in circumstances arising from differences of opinion about policy.

Deeply-divided society – polarisation:  “Lying at the heart of the debate about policing in Northern Ireland is a debate about the nature of the political problem which has to be addressed. You cannot properly address the debate about what changes and developments might be correct and desirable in regard to policing without also addressing and coming to a view on the correct analysis of the fundamental political problem which exists in Northern Ireland.

“Just about a year ago I drafted a Forward to the Police Authority’s Report on the Consultation Process which we had conducted during the whole of 1995, which report I then hoped would be published early in 1996. Many people agree that Northern Ireland is a deeply divided society (although they may not agree on how it is deeply divided, or what the proper consequences of that analysis ought to be), but some, including apparently a majority of the remaining members of the Police Authority, found it very difficult even to acknowledge that those divisions exist. The following sections of the Forward which I wrote were completely excluded from the Report as subsequently published:

“The Northern Ireland society in which we live is now, and has been for one hundred and fifty years or more, increasingly deeply divided. Our sectarian geography has in fact become so rigid that the 1991 census returns indicated that half the population now live in areas that are more than 90% Protestant or more than 90% Catholic. Only about one in fourteen people live in mixed areas where the numbers of Protestants and Catholics are equal. This polarisation is at its most visible in Belfast where the “Peace Walls” delineate territory, but the community boundaries elsewhere in smaller towns and rural areas are equally rigid.

“That polarisation not only spans where we live but runs deep to the very heart of our identity, allegiances, beliefs and aspirations. It embraces cultural and ethnic issues as well as those of constitutional political and religious significance.

“Even the fact that not all citizens see themselves as firmly belonging to one or other of the two main traditions, Protestant and/or Unionist and Roman Catholic and/or Nationalist, does not alter the nature or depth of the divisions which have to be addressed. Although the relative sizes of the main and other groups in society will very properly affect the details of how the divisions are to be addressed, the basic need to do so is not affected in principal by which tradition happens at any particular time to have the majority or minority support.

“In recognising this diversity, it must be emphasised that all non-violent, cultural and political standpoints and views are entirely legitimate and cannot, indeed must not, be smothered. As they will not go away they ought not to be and cannot be addressed by means which predicate assimilation.

“It is now clear that however difficult it may be to achieve, accommodation and not assimilation is the way in which this divided society will be governed. There can be no domination or suppression of one side or the other. Instead we must move to accommodation and agreement in line with principles of plurality, tolerance and reconciliation.”

– “I stand by that analysis. The deep division in Northern Ireland is not simply between Protestant and Catholic but between Unionists and Nationalists (never mind Loyalist and Republicans which, for the sake of this argument, I include in the generic titles of Unionists and Nationalists). However difficult it may be to address that division and find a way of bridging it and explaining it to each other, to ignore the fact that that is the main division, or to sweep it under the carpet, is simply to store up trouble.

Accommodation: “The old notion that assimilation is either possible or desirable is dead – Nationalists are not going to become good little Unionists any more than Unionists are going to become good little Nationalists. And therefore, we must find some accommodation between the two, and accommodation must mean some arrangement or agreement or series of arrangements or agreements which involve both parties to the arrangement changing some previously cherished points of view and, in short, both parties making some compromise of previously held positions.

Constitutional arrangements: “This process will lead to new arrangements both in regard to the constitutional arrangements which Northern Ireland has with Britain as part of the UK, and with the Republic, and also in regard to how Northern Ireland itself is governed and administered internally.

“But it is not the purpose of this paper to detail what all those new arrangements can, should or will be. What I want to emphasise here is that we would not be in this position if there were not a fundamental disagreement about the nature of the State itself. This has consequences for policing in Northern Ireland which have not been sufficiently addressed in the past, and are certainly not sufficiently addressed by Unionist commentators simply asserting that it is the duty of the RUC to uphold the Union.

Duty of police service: “I would argue that it is not now, and never has been, the duty of the police service in any developed society to defend the State as such. The defence of the State as such (when that is required) is the job of Government by conventional political means extended, as and when necessary, by the application at home and abroad, of military force. The police service in European countries has not been developed for the purpose of defending the State and it is not what its job should now be.

“That is not to say that the police in modern society should not energetically tackle crime, including, where it occurs, politically-motivated crime and violence designed to achieve political aims. Nor is it to say that a police service in a modern state will not have proper public order duties to perform. There is ultimately no justice without order and the police service has an important, indeed crucial role, in preserving order in any society.

“But neither the tackling of politically-motivated crime, nor the preservation of order, should be confused with the defence of the State as such, even in Northern Ireland where, as we have seen this last two years, the preservation of order is the single biggest policing problem facing the police service. It is important that the police should not be thought of as defending the State or that its role should be confused with defending the State. This is more especially the case in Northern Ireland where there is such fundamental disagreement about the nature of the State itself.

“I have already referred to Sir Robert Mark. About 25 years ago he said “The police are not the servants of Government at any level. We do not act at the behest of a minister or any political party, not even the party in government. We act on behalf of the people as a whole.”

Operational independence:  “The separation or distancing of the police from the party in power at any level which Sir Robert Mark very properly sought for the police, does not mean that there are not proper and sophisticated accountability mechanisms which should be applied in policing governance. But it does emphasise the importance of the policy of proper operational independence with which, I think, very few commentators on policing disagree.

Servants of the people: “But the policy of operational independence for the police is derived from the fact that the police are not the servants of Government at any level. They are the servants of, and act on behalf of, all the people. They are not the defenders of the State as such and therein lies the rationale for the correct proposition that the police can and must act professionally and must be culturally and politically even-handed and neutral. The proper price of operational independence is that political neutrality. That should be so in any society. But it must apply with particular force in a society as deeply divided as is Northern Ireland.

Symbols: “And that is in turn why amongst many policing issues which require to be addressed in Northern Ireland, the symbols of policing are so important. Where the polity which it has to police is deeply divided, it is both in the interests of the police and their duty, to make it clear, as did Sir Robert Mark, that they are not the servants of the Government or of any party in the State. In Northern Ireland it would be as wrong for the police to be aligned with Nationalists, or, for that matter, with the Alliance Party, as it would be for them to be aligned with the Unionist parties.

“In a society in which symbols are important, the police have an inherent policing duty to find in their working practices an accommodation in regard to symbols which takes account of the interests of all the citizens in the society which they police so that, in the words of Sir Robert Mark, they can “act on behalf of the people as a whole”. In the case of the police, political and cultural neutrality is both a virtue and a duty and the Daily Telegraph was wrong to assert otherwise.”

Chair: On behalf of the Meath Peace Group, John Clancy thanked the speakers “for setting us challenging positions on the issue of policing in Northern Ireland.” He explained that the Meath Peace Group had invited the Police Authority for Northern Ireland to send a speaker but they were unable to accept the invitation on this occasion. They had, however, sent copies of their reports on community consultations undertaken by the Police Authority in 1995 and 1996. [Extracts from both publications are included in Appendix B of this report]. The CAJ had also sent copies of their publication The Misrule of Law along with copies of the executive summary to this report. [Extracts are included in Appendix A of this report.]

John Clancy continued: “David mentioned the demographic consolidations that have occurred in N.I., and I would like to quote from another document, Policing in Northern Ireland – Options for the Future (a paper prepared by the Conference on Religious in Ireland) where the following statistics are given: “In 1994 over 50% of the people of Northern Ireland lived in areas with less than 10% of members of the other tradition. Fewer than 100, 000 – approximately 7% – live in areas with an equal proportion of each religion. Of the 51 electoral wards in Belfast, 35 contain at least 90% of one religion…” I found that statistic interesting when I read the results of the attitude survey contained in the 1995 Police Authority report where there is a uniformity across the board, despite those demographic consolidations. ……… These are, I would say, signs of hope. I would advise everyone to get informed and I now call for questions from the floor.”

QUESTIONS AND COMMENTS (summary of main points only)

1. The chairman was asked to read out the Oath of Office of an RUC officer and the Oath of an officer in Scotland:

Oath of office of a constable in Scotland:

“I hereby do solemnly and sincerely and truly declare and affirm that I will faithfully discharge the duties of the office of constable.”

The Oath of Office in Northern Ireland which is similar to that in use in England and Wales, reads as follows:

“I (name) swear by Almighty God that I will well and truly serve our Sovereign Lady the Queen in the office of (rank) without favour or affection, malice or ill-will; that I will to the best of my power cause the peace to be kept and preserved and that I will prevent to the best of my power all offences against the same; and that, while I shall continue to hold the said office, I will faithfully, according to law, to the best of my skill and knowledge, discharge all the duties of the said office and all such duties as may be attached to such office by law and that I do not now belong to and that I will not, while I shall hold the said office, belong to any association, society, or confederacy formed for or engaged in any seditious purpose, or any purpose tending to disturb the public peace, or in any way disloyal to our Sovereign Lady the Queen and that I will not, while I shall hold the said office, engage or take part in the furthering of any such purpose, or take or administer, or assist or be present at or consent to the administering of, any oath or engagement binding myself or any other person to engage in any such purpose.”

David Cook explained that there were 2 issues here:

1) service to the Queen – the Scottish oath doesn’t have this, and

2) historical aspects, introduced in 1835

Q.2. A Louth resident said that we must address the real problems on the ground: “Nationalist people can’t ring the RUC in areas like Crosmaglen. The State is controlled by unionists. Ordinary Catholics can’t go to police in these areas if a crime is carried out, especially in areas like South Armagh”

David Cook: “we need to be careful about statistics. After Drumcree, public opinion polls showed a dramatic fall in attitudes to the RUC in both the Protestant and Catholic communities. Before the ceasefire broke down, calls to the police from Catholic areas were rising. I don’t accept that Catholics don’t call the police.

Q.3. Re police membership of the Orange Order, David Cook said that in England there is concern about Masons. “The original ban on membership of bodies was lifted in 1890. Since then policemen could become members of societies. The code of regulations doesn’t allow political activity. I suggest there should be a register of members”

Q.4. Re Catholics in the RUC: A Drogheda resident said that he believed that Catholics don’t join the RUC because most members of the RUC are perceived to be members of the Orange Order. He felt the RUC were doing a good job at Harryville in containing the hecklers outside the Catholic church. He had been there and witnessed the horrible abuse the RUC had taken from them.

Q.5. On public attitudes since Drumcree [1996], Maggie Beirne said that “a lot of damage was done to confidence in the RUC after Drumcree – their credibility was seriously damaged. The RUC are aware of this. Public attitudes have changed since Drumcree …Drumcree set the process back” [see extracts from 2nd Police Authority report below.]

Q.6. Re flags on police stations, David Cook replied that all countries have days to fly their national flag. Northern Ireland has the same days as the rest of the UK, but has also 3 additional days for flying the flag. He said that police stations in NI and UK are not government buildings. A Cavan resident remarked “we have a situation here where bishops bless the opening of Garda stations, and we have flags in both Catholic and Protestant churches.”

Q.7. On plastic bullets, the question was asked “if you take these away, will they then have to use live ammunition. Aren’t plastic bullets less damaging?” The questioner said that 93% of the RUC are Protestant and over 5, 000 plastic bullets were fired after Drumcree. “Doesn’t it illustrate the lack of Catholics?”

Maggie Beirne replied that the CAJ had asked for public debate about the use of plastic bullets which have killed 17 people in NI, 8 under the age of 18. “They are not used in the rest of the UK, even in serious riots. With the RUC their use is a routine response.” She asked: “how do we get an accountable and responsible police force? The CAJ are looking for an independent review of policing. How can we build a police service that gets everyone’s support?”

David Cook said “we need evidence on the number of petrol bombs thrown. Over 10,000 are believed to have been thrown in that period. If that’s the case, it puts the whole thing in a different light. I do not agree with a complete ban on plastic baton rounds – I haven’t seen HM Inspector’s report, but there are recommendations on the use of plastic bullets in it.”

Q.8. “Were more petrol bombs thrown after Drumcree than before?”  He had heard that 2, 000 petrol bombs were thrown in one evening in Derry.

Maggie Beirne: “There are no proper statistics for petrol bombs, whereas the RUC statistics on plastic bullets are available.”

Q.9. Re police tactics itemised in the report The Misrule of Law, which the CAJ felt to be inappropriate or ineffective. [Editor’s note: see relevant extracts from CAJ report are reproduced in Appendix A below]

Q.10. Re observers at contentious parades: Maggie Beirne said that the CAJ feels that independent observers play an important role – they should be neutral observers. There are obvious problems with government observers, she said. Julitta Clancy of the Meath Peace Group felt there was a need for observers who will monitor the whole situation, not just the behaviour of the police. The Group had been invited to observe two contentious parades in Co. Fermanagh. On each occasion they had been asked to observe the behaviour of all groups involved – police, marchers and residents. The Group had produced full reports after each parade and copies were sent to all the groups concerence. In addition, the Meath Peace Group had made submissions to the North Review Body on Parades and Marches, and the follow-up consultation process.

—————————————

BIOGRAPHICAL NOTES ON SPEAKERS:

David S. Cook: Solicitor; senior partner, Sheldon and Stewart Solicitors, Belfast; Chairman of Police Authority for Northern Ireland, 1994-96; founder member and deputy leader of Alliance Party, 1980-84; member of Belfast City Council 1973-85; lord mayor of Belfast, 1978-79; Chairman of the NI Voluntary Trust; Chairman, Craigavon and Banbridge Community Health and Social Services Trust; Vice-President, NI Council on Alcohol 1978-83; Member NI Council, European Movement 1980-84; Governor of Brownlow College.

Maggie Beirne: Maggie Beirne was brought up in London. She is a long-term member of Amnesty International, and worked in the International Secretariat of Amnesty before coming to Northern Ireland and joining the CAJ 5 years ago.

The Committee on the Administration of Justice (CAJ ) is an independent non-governmental organisation affiliated to the International Federation of Human Rights. CAJ takes no position on the constitutional status of Northern Ireland and is firmly opposed to the use of political violence. The CAJ seeks to secure the highest standards in the administration of justice in N. I. by ensuring that the government complies with its responsibilities in international human rights law.

APPENDIX A: The Misrule of Law (CAJ, 1996)

This 100-page report discusses the breakdown in the rule of law over the summer [1996] in Northern Ireland. The report argues that the gravity of the summer’s events lies not only in the injuries and deaths which occurred, but also in the damage done to the rule of law. While recognising the difficulties facing any police service trying to maintain public order at a time of tension and upheaval, the report provides a detailed analysis of the policing of the summer’s events:

“The summer of 1996 saw one of the most serious episodes of unrest in Northern Ireland in recent years. The gravity of the event lies not only in the number of deaths or injuries, nor in the damage to property and the disruption in people’s lives, but also in the damage done to the rule of law….. it is a prerequisite of a democratic state that the rule of law and respect for human rights operate as the defining dynamic in the relationship between the government and the governed. No one should be above the law, everyone should be equal before the law, the law itself should be clear, fair and comply with international human rights standards. … It is axiomatic that the rule of law must be enforced by an accountable and representative police service and by an independent judiciary. If this principle is violated it undermines respect for the administration of justice and the integrity of the law, and democracy itself is questioned. ..” [p. 1]

“Political leadership was required this summer and it was sadly lacking. The government – by insisting initially that the question of parading was not one requiring its intervention, by insisting upon the primacy of the police in resolving potential disputes, by being seen to be craven in the face of mob rule, and by being seen sometimes to intervene and sometimes not to do so – has signally failed in its duty. Facing dissent and opposition – even on occasion, violent opposition – the government still has the responsibility for ensuring the maintenance of the rule of law.” [p. 2]

“.. Recent events have illustrated beyond dispute that issues of justice, equity and equality before the law are central to the conflict. Any resolution to the conflict in Northern Ireland depends on principles of justice and fairness being addressed as a matter of urgency.” [p. 5]

1. Police tactics in general: [police tactics used in the summer of 1996 which CAJ felt to be inappropriate or ineffective.]

(a) moving obstructions – street demonstrations: “….demonstrators were pulled along the road by their legs or arms; .. police officers used a particular grip which risked cutting off … a person’s breathing; .. people were grabbed by their nostrils, and others had their ears pulled, and their ankles, legs, wrists or arms twisted. ..“Police policies in this regard need to be re-assessed. There are non-violent methods of moving people; appropriate standards of behaviour and training in this regard are needed.” [p. 12]

(b) hemming people in – police tactics which involved blocking the demonstrators in on all sides: “This rendered it impossible for anyone to leave the demonstration peacefully should they have chosen to give up their protest.” [p.14 and see pp 47-49]

(c)“Communication skills were crucially lacking at important moments … Communication – both good and frequent – is all the more important in situations where tensions are very high, suspicions great and rumour rife. …In any overall review of policing public order situations, attention needs to be given to how to improve police liaison with parade stewards and community representatives, and to improved communication systems.” [p. 14]

(d) use of land rovers: several examples are cited of “provocative and reckless” behaviour [p.15]

(e) aggressive style: accounts of aggressive police tactics. “Too often the demeanour displayed was one of antagonism…It may be very difficult to act in a calm and relaxed manner when one feels at risk, but doing otherwise merely serves to increase the risk of violence erupting, and may well precipitate it.” [p. 17]

(f) weaponry: plastic bullets; live ammunition fired into the air in Ardoyne: “The CAJ has always been opposed to the deployment and use of plastic bullets as a form of crowd control in N.I. … this is a lethal weapon which, of its very nature, results in serious injury and death: to date there have been 17 deaths in N.I., 8 of whom have been children…. The guidelines for its deployment are not in the public domain and therefore the use or abuse of the weapon is not readily subject to public scrutiny… On occasion, the deployment of plastic bullet guns would appear to occur in situations where their primary purpose is to intimidate people… In many instances, the use of plastic bullets has clearly proved counter-productive and has led to an escalation of civil unrest rather than to a defusing of tension.” [p. 25]

Number of plastic bullets fired: “Since 1982 the annual average of bullets fired is just over 1000…. RUC statistics report that 6002 were fired between the 7 and the 14 July 1996 alone…. A particular concern arising from the RUC statistics is the breakdown of usage over the week. …. we need to investigate closely why it was considered necessary to discharge 662 plastic bullets in the period between 7 and 11 July (the period of unionist protests), and more than eight times as many (5340) between 11 and 14 July (the period of nationalist protests).” [p. 29]

Policing – policy choices – Inconsistency:

(a) police presence: “Sometimes the police appeared to remain on the scene beyond the time when their presence was helpful, whereas on other occasions they were not present at all or in insufficient numbers when they probably should have been” [p. 18]

(b) police intervention: “What was the operational logic underlying decisions as to when to intervene and when not to do so? Examples can be found …when the police appear to have chosen not to intervene .. elsewhere, however, the police intervened dramatically and in large numbers”. .. Often it was the nature of the intervention which was problematic… “who decides when and why – to don riot gear, deploy plastic bullet guns ..In some instances police make decisions and notify the public well in advance … in other instances people are left in ignorance of such decisions until very late, or not told at all.” [p. 18]

(c) attitude to the media and politicians; “Why were journalists sometimes given extensive and open access to areas in dispute … but on other occasions excluded or restricted ? .. Why were some political figures given access to certain venues by the police, and others denied similar access?” [p. 19]

(d) ambivalence towards observers: “Sometimes CAJ and other observers were treated with great courtesy and most helpfully by the police, and on other occasions they were treated with contempt or abuse.” [p. 19]

 3. Policing and charges of sectarianism: “Effective policing at times of public disorder requires from the police both the reality of, and the perception of, total impartiality . References are made throughout this text to concerns expressed about the RUC’s failure to behave in an even-handed and impartial manner at different points in this period of unrest. …. The RUC, given its history, its powers, and its perceived role in defending a state whose legitimacy is questioned by a sizeable proportion of the population, has frequently been accused of sectarianism. As a force which is 93% Protestant, its sympathy for, or indeed understanding of, the minority community, is frequently questioned. … Against such a historical background of suspicion on the part of many in the minority community, the RUC as an institution has an extremely difficult, and some would say impossible, task in trying to be seen to be impartial. It is all the more crucial, therefore, that the behaviour of individual officers is beyond reproach. Disturbingly however, CAJ observers and others report events which would appear to confirm charges of sectarianism against some members of the RUC. ….. Furthermore, there is evidence that the RUC itself considered the behaviour of some of its officers to have been inappropriate. The Irish News of 5 September 1996 reports that eight RUC officers have been disciplined or investigated in relation to activities during the protests linked to their membership of the Orange Order.” [p. 22]

Some of CAJ recommendations:

1. Review on policing: “a fundamental review of policing is required if society is to ensure a police service that is representative, accountable and responsive to the needs of the whole community”

2. Policing – general: independent international inquiry

3. Commission on Policing

4. Plastic bullets: withdrawal of weapon with immediate effect

5. Public order: marching and human rights: need to look at mechanisms and principles which will allow adjudication of the conflict of rights in a fair and impartial way. International law principles offer some useful guidance.

6. Police accountability: independent police complaints system

Appendix B: Extracts from reports of thePolice Authority for Northern Ireland

1. “Everyone’s Police: A Partnership for Change” ( March 1996).  Report on a Community Consultation undertaken by the Police Authority for Northern Ireland in 1995. [extracts below come from the Summary]

Background: On 4 January 1995, the Police Authority for Northern Ireland announced a comprehensive consultation of community opinion on policing and the police. A key element of the consultation initiative was a region-wide publicity campaign, reinforced by the issue of a leaflet inviting every citizen to present in writing his or her views on policing to the Police Authority. Over 600, 000 leaflets were distributed to every residential address in N.I. 7, 974 individuals and groups provided their views by written submissions. The Authority also commissioned 22 questions in a random-sample survey of public opinion. 2, 682 people were interviewed during August-November 1995. The Authority also held 13 meetings across N.I. to which members of the public were invited. The Report presents the results of the consultation exercise and the public opinion survey.

Concerns about crime: “ the Authority’s conclusion is that the community’s overwhelming policing concerns are about crime. Specifically, community anxieties primarily seem to be about drug abuse, community safety and foot patrolling, crime prevention and road traffic. …”

“The consultation also indicates that there is a broad measure of support for the RUC and a high level of satisfaction with the way in which the police deal with the public. There is also a clear view that what people want most from their police is a service which is fair, impartial, professional and effective.”

RUC name, uniform and badge: “the Authority recognises that these are contentious issues. … while the name of the RUC should be left unchanged, the Chief Constable should add the suffix “Northern Ireland’s Police Service” to printed references to the name. The Authority considers that the uniform and the “Harp and Crown” badge .. should be left unchanged.”

Neutral working environment: “The Authority believes that a neutral working environment will help to encourage applicants to the police from all sections of the community… It is committed to the promotion and implementation of the Fair Employment Commission Codes of Practice throughout the Police Authority and the RUC.”

Union flag: “The Authority notes that, in general, public opinion is in favour of the Union Flag being flown on police stations, at least on certain occasions. It is apparent however that a large proportion of Catholics would prefer the flying of the flag to be restricted to those days stipulated for Government buildings. The Authority proposes to consult with the Secretary of State and the Chief Constable about the flying of the Union Flag on public buildings generally.” [At present, Union Flag is to be flown from Government Buildings on 20 days (listed in Appendix 10 of the report)]

Oath of office: “the Authority notes that the oath sworn by RUC officers in not an “Oath of Allegiance” but more properly an “oath of office”. It proposes to consult with the Secretary of State and others with a view to revising the wording of the Oath.”

The Police Authority: “The Authority will support any reasonable proposal for reform aimed at making it a more representative and effective body. However, the independence of the Authority should not be compromised, and the police must remain free from any political or partisan control.”

PROPOSALS FOR FURTHER RESEARCH AND CONSULTATION

The Authority concludes that further consultation and research should be carried out on the following:

  • Religious and gender composition of the RUC: Working Party recommended to “consider how best to progress the aim of achieving the required balance in terms of both religion and gender.”
  • Relationship between the police and young people and minorities: Working Party recommended
  • Community policing: “concepts such as community policing, inter-agency co-operation and the development of community partnerships all have a part to play in improving police effectiveness and building closer relationships between the police and the public.”
  • Structures for policing: “The Authority notes evidence of widespread support for a separation of local policing activities from the policing of major crime.”

MATTERS ALREADY UNDER REVIEW:

  • Training and re-training; Professional standards; Complaints against the police
  • Police accountability; Parades and demonstrations; Relationships with the Garda Siochana; Emergency legislation; Communication with communities; Arms and the police; Regionalised policing

2. “A Partnership for Change” – A Report on Further Consultation by the Police Authority for Northern Ireland

Background: “In the aftermath of the disturbances in July 1996, the RUC handling of the disorder was put under the microscope by politicians, commentators and the media. Emotions were running high during this period and the Authority fully acknowledged the depth of feeling, the sense of hurt and the concern throughout the community. On 15 July 1996 the Secretary of State announced a review of parades and marches. The Authority welcomed this enquiry and gave a commitment to make a submission which would be made public in due course. It was decided that reliable information about community attitudes to policing over the summer period was needed and so the Northern Ireland Statistics Research Agency (NISRA) was commissioned to conduct an opinion survey. The fieldwork period was 2 September to 30 September 1996. The response rate for the period was 66.2% Of those who responded, 38% stated they were Catholic and 58% Protestant. [pp. 1-2]

Main Findings from Survey – summary:

Confidence in the ability of the RUC to provide a police service for all the people of Northern Ireland [pp 3-4]:

Ordinary policing: majority of both Protestants and Catholics declared they had confidence in the ability of the RUC to provide a service. Confidence levels: c. 60% of Catholics; c. 90% of Protestants.

Policing parades, demonstrations and public order situations: Almost two-thirds of Catholics indicated they had little or no confidence in the police. Most respondents who expressed low levels of confidence in the ability of the police to deal with parades and public disorder indicated that their opinion had largely been influence by factors associated with “Drumcree”.

“Both the Authority and the Chief Constable of the RUC have acknowledged that the events of the past summer have undermined the confidence of people both in the police and the rule of law. The Chief Constable said recently that the damage to relationships with the RUC had been particularly marked within the Catholic community. The results of this survey confirm these assessments.” (p. 4)

Fairness of Treatment [p. 4] “There is a wide divergence of opinion between Protestants and Catholics about whether the police treat everyone equally. While around 80% of Protestants believe that their local police treat everyone equally, this view is shared by only 50% of Catholics. When asked about equality of treatment across the whole country, over two-thirds of Catholics said that Protestants are treated more favourably.”

Performance of the Police [pp. 4-5] “..Two-thirds of people thought that, in general, their local police were doing a good job. Protestants were more likely to hold this view than were Catholics, a quarter of whom felt that the performance of their local police was poor…. A greater proportion of Catholics (one-third) believe that the police outside their local area do a poor job, whereas the Protestant view of performance remained much the same in both respects.”

The Future of the RUC [pp. 6-7]“ …Altogether, over three-quarters of Catholic respondents believe that the RUC should be either reformed or replaced, while around 60% of Protestants want it to carry on as at present. Almost one-third of Protestants believe that the RUC should be reformed…. The responses show that more people now hold the view that change is needed. Reforming the RUC has become increasingly favoured by both Catholic and Protestant respondents…”

Controls on Marches [p. 7] “…When asked who should decide whether a controversial parade should be allowed to go through an area, around 55% of Catholics said that it should be left to the local residents. Leaving the decision to the Chief Constable was the most favoured option of Protestants. However a significant body of opinion among both Catholic and Protestant respondents considered that such decisions should be taken by a group set up specifically for the purpose.”

Police treatment of demonstrators. [p. 7] “…Almost two-thirds of Protestants felt that Protestant and Catholic demonstrators were treated equally. However, three-quarters of Catholic respondents said that Protestant demonstrators were treated more favourably.”

Plastic baton rounds [pp. 7-8] “.. nearly two-thirds of Catholics said that plastic baton rounds were used more against Catholics than Protestants, while almost three-quarters of Protestants stated that they were used equally against both sides.”

Number of plastic baton rounds fired during the disorder: “..at a special meeting to consider the handling of the Drumcree disorder … the Chief Constable … advised the Authority that there had been in the region of 8, 000 petrol bomb incidents… During this period over 6, 000 plastic baton rounds had been fired by police in response to the petrol bombs, with around 90% being fired at nationalist crowds who were responsible for around 90% of the petrol bombing incidents” [p. 8]

The Way Forward Policing a “Divided Society” [pp. 9-11]: “…What they [the people of Northern Ireland] want is a police service which will be free to operate everywhere in N.I. with the consent and co-operation of the entire community, with its officers, drawn from all localities and backgrounds, delivering an impartial, professional, effective and accountable service to the entire community. The police alone cannot deliver this. What is needed most is for politicians, community leaders and people in a position of influence to work together to create a climate in which the diversity of our traditions may be recognised, tolerated and accommodated. In the absence of political progress the RUC will continue to face the problem of having to police a society where political disagreement is often manifested by street disorder or violence.”

Conclusions:  Change of attitude since ending of IRA ceasefire and Drumcree 1996: [pp. 10-11]: “The survey evidence points to a significant lack of confidence within the Catholic/nationalist community in the RUC’s ability to provide an impartial police service, and, particularly, to police parades and demonstrations even handedly…. Over a third of Catholics now want the RUC replaced or disbanded with most of the remainder wanting to see change or reform. In the Protestant community, there has been a downturn in levels of satisfaction and a similar increase in support for change. These findings are a major cause of concern…. These survey findings must give an added impetus to all those who want to secure for the people of Northern Ireland a police service with is impartial, professional, effective and accountable.”

ENDS

Meath Peace Group Report. 1997. Compiled and edited by Julitta Clancy

©Meath Peace Group

Contact names 1997: Anne Nolan (Treasurer), Slane, Co. Meath; Julitta and John Clancy, Batterstown, Co. Meath; Pauline Ryan, Navan; Philomena Boylan-Stewart, Longwood; Michael Kane, An Tobar, Ardbraccan

 

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1996
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1996 – No. 22: “Parading Disputes in Northern Ireland” – report
Posted by Cian in Public Talk Full Reports

No. 22 – “Parading Disputes in Northern Ireland”

Tuesday, 1st October, 1996

St. Columban’s College, Dalgan Park, Navan

Speakers:

Cllr. Brid Rogers (SDLP Constituency Representative for Upper Bann)

Richard Whitten (Education Committee, Grand Orange Lodge of Ireland)

James Tansley (First Secretary, British Embassy, Dublin)

Dominick Bryan (Researcher, University of Ulster; co-author of Parades and Protest)

Neil Jarman (Researcher, University of Ulster; co-author of Parades and Protest)

Chaired by John Clancy (Meath Peace Group)

Contents:

Summary of main points

Addresses of speakers

Questions and Comments

Editor’s note: This is the third public talk on the parading issue organised by the Group since 1993 – the previous two talks were held in Autumn of 1995 (Nos. 18 and 19).

SUMMARY OF MAIN POINTS

1. Brid Rogers (SDLP):

• Historical background – a divided State; two different allegiances

• Lack of consistency in dealing with the parades: “one law for one side”

• Conflict between two sets of rights: dialogue and understanding needed

• Rights carry responsibilities; they also require the recognition that other people have rights– “there is no such thing as an absolute right”

• Need for structures to facilitate dialogue – Parading commission

• Need for set of principles and criteria : not just a matter of policing

• Need for involvement of all local interests in a dispute as of right

• Need for consistency in dealing with rerouting decisions; such decisions must be made in time

2. Richard Whitten (Orange Order):

• Divided communities, but problem older than the N.I. State

• Right to peaceful procession and celebration of culture and traditions – entitlement of every citizen in a free society

• Intention of parades to be peaceful – it is“concerned residents groups who intend to create a breach of the peace”

• “Concerned residents groups” are following what Orange Order consider to be a “Sinn Fein agenda”: problems with talking to representatives nominated – no problem talking to elected representatives.

• Need for real parity of esteem – real respect and tolerance

• Orange Order has made some reforms – especially in relation to bands employed (contract for bands). Number of loyal order parades actually reduced – often confused with band parades

• Orange Order has made a submission to Independent Review Body – many positive points contained in it

3. James Tansley (British Embassy):

• Operational independence of the RUC

• Drumcree was a “disaster” – appalling effects on both communities

• Marching issue emphasises the difference between the two communities

• The tragedy arises from a conflict of right with right.

• Independent Review Body – terms of reference

4 and 5. Dominick Bryan and Neil Jarman (University of Ulster):

• Parading problem is the peace process at a local level – “ it needs to be explored and dealt with at the same time as the bigger peace process .”

• Central arguments – tradition and consent – trying to argue the same thing – trying to argue power – not good arguments.

• The right to political, cultural and religious expression and demonstration a very important human right and must be safeguarded .That right must be extended to both communities

• There are other rights – the right to live in peace, the right to live free from fear, the right not to be offended.

• Right to have a parade must be looked at in terms of a whole series of events: Northern Ireland an ethnically divided area. Need for balance – need to look at nature, content, size, number , frequency of parades, involvement of outsiders. Need also to look at the rights given to the minorities in those areas to have their own parades. Need to address the totality of rights and to recognise that rights bring responsibilities

Options:

•Mediation, compromise and dialogue.

•Responsible parading: guidelines and codes of practice; better stewarding; better management of parades; the way organisers and protestors deal with their symbols, deal with their attitudes, deal with their behaviour on the parades and on the protest. Improvement of information available on parades – better advance notice

• Need for framework – a parading commission which would coordinate and oversee, but would not give permission, sanction, stop or condemn the parades – a framework in which people can discuss the issue”

• Law: number of areas of the law not currently used . Changes in the law to set up a parading commission, to empower the guidelines and codes of conduct, to set the parameters of some of the parades. If an agreement is not reached the police will want to retain the power to make a decision based on public order .

ADDRESSES OF SPEAKERS: “Parading Disputes in Northern Ireland”

1. Cllr. Brid Rogers (SDLP Constituency representative for Upper Bann and Chair of SDLP Parades Committee):

Brid Rogers thanked the Meath Peace Group for the invitation to talk in Navan and said that it was very important that people in all parts of Ireland should strive to understand the complexities of the Northern Ireland problem.

SDLP position: “We in the SDLP fully appreciate the sensitivity and the complexity of the parades issue, both in political terms and in policing terms, and our concern has been not to exploit what is a very difficult and complex issue but to try and use our influence and our leadership in the interest of conciliation and accommodation, and to create a working norm of respect and being respected, and that is our position in the SDLP. None of us who are about today created the problem, but all of us are left to try and sort it out.

Historical background: “We tend to talk about the Orange Parades but they really are the parades of the loyal orders – there’s the Orange Order, the Black Preceptory and the Apprentice Boys, and they’re not really all the same – they have different structures of authority and so on. But the parades of the loyal orders – like all parades in Northern Ireland – have to be seen in the historical background of where they operate, and the historical background is the background of a State divided in that there are two communities living in N.I. with two different allegiances, and in a sense the N.I. State as set up represented one allegiance – the allegiance represented by the loyal orders and their parades. Therefore the parades of the loyal orders can’t be seen as “mardi-gras” type parades which they would be in a normal society where the State had the allegiance of all the people and I suppose the parade in Navan last night [all-Ireland Gaelic football celebrations] was a mardi-gras type of affair and everyone enjoyed it and it was a joyous occasion for Meath people…..”

Celebration of culture – one-sided approach: “Basically, the loyal parades are a celebration of their culture – they celebrate their unionism, their Britishness, their Orangeism and their Protestantism, and that’s perfectly ok – there isn’t a thing wrong with that. The problem about it is that the State in N.I. was also a State which was a State made for unionism and Protestantism and loyalism and the cultural expression and the parades of the other allegiance in N.I., represented by nationalists and republicans, were never held in such esteem by the powers that be, with the result that, whereas the celebration of the Orange culture historically in Northern Ireland has been looked on with favour by the State, the celebration of the other culture has been ghettoised and seen as something which “you can do in you own home but you mustn’t do it where we have to see it.”

“Given that there is a division about the State itself and the nature of the State, a celebration by one community is not smiled on by the other community.

Lack of consistency: “ there grew up a lack of consistency in dealing with the parades, and the historical tradition in N.I. has been that, whereas the loyal orders have been allowed to parade in their own areas and indeed in all town centres and cities, and indeed through nationalist areas, it has always been expected that the nationalist parades would remain in their own areas and would not go outside them and would celebrate their own culture in their own ghettoes . What happened in Portadown in 1984 is a concrete example of that.

Parading disputes in Portadown, 1984 : “In 1984, there was a lot of trouble in Portadown because of Orange marches which went up and down through the Tunnel area which is a 99% nationalist street. Because they represented the culture of the dominant community who ruled the State their very going through that area represented a symbol of that domination….It was a symbolic gesture of domination in the area – there was a lot of resentment. There were , I think, four marches on the Twelfth July through that particular street, a very narrow street. Resentment built up because … nationalist parades who wanted to march on St. Patrick’s Day [in Portadown] and who wanted to march around a circle, beginning at one point and finishing there, were always prevented from finishing the circle, because there was a little enclave where Protestants live. So instead of finishing the circle they had to go back the other way . This was seen as unevenhandedness – the same rule of law was not being applied . In 1984 a decision was made, after an application by St. Patrick’s Band (which didn’t carry flags, only its own banner) – they were given permission by the police to march through Park Road. They were about to go around when a mob gathered in the middle of the road with cudgels – the police said they could do nothing about them and the nationalist march had to turn back – the police, having known for three days that that was going to happen, they didn’t prevent the mob gathering, they made no attempt to let the march through. That was seen as the police being prepared to force an Orange march through Obins Street 4 times in one day, but not being prepared to make the same provision for a small nationalist band who jsut wanted to complete the circle. That created a great deal of resentment in Portadown.

One law for one side: “I tell that story to show that from a nationalist perspective it is seen as one law for one side and another law for the other – it had historical roots because of the nature of the State but it didn’t take away from the resentment. So, when I say that we’re coming from different perspectives, I think that the Orange/loyalist way of looking at is that “we have the right to march” – and of course in a normal society everyone should have the right to march. But no right is absolute. So from their perspective they are being denied the right to march where they like when they like, but from a nationalist perspective, if the Orangemen are allowed to march where they like and when they like, even through nationalist areas where they are not welcome, then that is interfering with the rights of nationalists to be left alone to live in peace and not to be disrupted…

Conflict between two sets of rights: need for dialogue:  “So there are two sets of rights, and there is also a lack of consistency. The problem is not a clash of right and wrong, it is a conflict really between two rights – in a sense, on a smaller level, it is like the conflict in N.I. as a whole, which is a conflict between two sets of legitimate rights and when you seek a solution to something like that, there’s only one way of finding a solution, and that’s by getting the two conflicting rights and those who represent the two conflicting rights together in dialogue to try and work out an accommodation between them on the basis of understanding. Now that dialogue did not happen in Portadown – that dialogue was refused, and I have to be honest and say that the Orange Order in Portadown refused for a whole year to talk to the residents’ committee in Portadown. Because of that refusal and that failure of dialogue we had what became known as Drumcree and the stand-off and the unfortunate consequences of that…. I have never seen in my 25 years in N.I. politics such division within the community and such total lack of confidence in the police as I have seen since Drumcree amongst nationalists. I think it shows that there is a very thin veil over the latent sectarianism in N.I. and until we deal with the basic causes of that and try to come to terms with finding structures at all levels, including on the marching issue, to deal with it, we are not going to solve it.

Derry: “Derry on the other hand this year could have been another conflagration, and the reason that it wasn’t was because reason prevailed. Now it hasn’t been resolved in Derry – it still remains to be resolved because the Apprentice Boys didn’t walk on the walls. And by the way, I want to say here that I would defend the right of the Apprentice Boys to walk the walls of Derry, because it is a tradition of theirs, it is a very important part of their history”

“I think that a proper resolution in Derry would see the Apprentice Boys marching along the walls in peace and with the agreement of the people of the city. … But what happened this year, because of Drumcree and the other issues, it became more difficult, and people were more divided than ever. After Drumcree Derry looked bad – yet dialogue happened. John Hume, being the public representative in that area, intervened; the local churches, local businessmen, the chamber of commerce became involved, as well as the residents and the Apprentice Boys. In fact what happened is I think the ideal and what should happen in future – because the whole community became involved in the issue. The issue of divisive marches doesn’t just affect the people in the street through which the marchers want to march, or the marchers . – it affects the wider community as well. It affects the business community, it disrupts the whole community, it causes friction.

“ Resolution of these problems can only be done at a local level and it can only be done by all local interests becoming involved in the dialogue – and I have to hand it to all the interests in Derry … who sat down together and avoided confrontation, and I think that is the way forward.

Independent Review Body on Parades (North Committee): “We welcome the North Committee – we think it’s a terrible pity that something wasn’t done a year ago after the first Drumcree problem, after the first stand-off, which, you will remember, was resolved by compromise – and I’m not going into the history of that because that was a disaster afterwards and made compromise more difficult this year – but it was resolved by dialogue and compromise at that stage. But then the whole thing blew up in our faces and it was obvious that something would need to be done, but unfortunately. and I have to blame the ultimate power – the government, because nothing was done by the government – it was pushed onto the police, and with all due respect there is no way that the police can be expected to resolve what is a symptom of our deepest problem in Northern Ireland – which is a problem of division and conflict – that’s what the parades represent in many ways. The police were in a “no-win” situation no matter what they did. It is not just a matter of policing – it is much more than that. The North Committee will be looking at the issue and trying to come up with some kind of proposals – we will certainly be proposing that some kind of a process should be established to facilitate dialogue. There are only about 12, maybe 20, parades which are actually contentious, and if this isn’t resolved it will get worse. Most marches go on without any problem – there are about 3, 000 in all every year – c. 300 of them republican/nationalist, and the others belonging to the loyal orders . Some sort of process should be set up where dialogue can be facilitated.”

Suggestions for resolution of local disputes: “A commission could be set up which would be a facilitator for dialogue – it might have executive powers. Structures must be put in place to facilitate the dialogue which is so necessary to resolve the problem. Also we do need a set of principles and criteria – there is no such thing as an absolute right. Rights carry responsibilities and they also require the recognition that other people have rights.

Traditional argument: “if you’re talking about a traditional right of an Orange march which has always for a hundred years gone down this road, you have to recognise, 1), that times change, and 2), that the tradition was based on the dominance of one community over the other, on the right of that community to dominate the other, and therefore to the nationalists it represents a tradition of keeping them in their place. Therefore the traditional argument doesn’t wear. But what has to happen is that criteria and principles have to be laid down – there has to be consistency in dealing with rerouting decisions, and those decisions have to be made in time, by whoever is making them, so that people know, so that there isn’t a build-up of tension – that people know in advance.

Involvement of all local interests: “I think the most important thing that I would see is that when it comes to resolving a local march that all the local interests should be involved as of right in the dialogue – at Portadown for example, it should be representatives of the Orange Order, representatives of the residents association, elected local representatives on both sides and business representatives who are also affected, and the churches. That would have the effect of broadening it out and making it the responsibility of the whole community in the area to get involved. That would go a long way towards resolving it. But basically it is a complex issue – it is seen from different perspectives, depending on which side you’re standing on, and it’s very important that it should be resolved by dialogue. Most importantly, something must be done between this and the next marching season and people have to start talking now so that we do not have a repeat of Drumcree and the Ormeau Road because that has led to such a disastrous situation in Northern Ireland and which has set back not just the issues of the parading and the policing problem, but the whole political situation in Northern Ireland has been affected and the divisions have been strengthened and that is not good for the body politic.”

2. Richard Whitten (Education Committee, Grand Orange Lodge of Ireland):

Richard Whitten thanked the Meath Peace Group for the invitation to come and put the Orange Order’s point of view. “A lot of what I am going to say is personal but we will be making a submission to the Commission on parades, and I have tried to be of assistance to the Grand Master in drawing that up. I hope that the Commission will be pleasantly surprised when they receive our submission, because we have tried not to be totally negative and we do actually make some some recommendations for some changes which I think will be acceptable to both communities.

Divided communities: “I could agree with quite a lot of what Brid Rogers has just said – the problem of course is one of two divided communities. One point of disagreement – the problem is older than the N.I. State. Orangeism and Orange Order parades go back to the very first parade, in 1796, when Ireland was most definitely all one state. Indeed, right up to the First World War there were parades in Dublin , right back to the division of the State, there was a huge Orange rally in Ballsbridge, just outside Dublin, to try and keep all Ireland within the Union …..”

He recalled an incident in his own district (Tanderagee, Co. Armagh), when an Orange hall in a small village was burned down “as part of the Sinn Fein action showing respect for the two communities”. At considerable expense to the local lodge, and after a long struggle, they reopened the new hall. A parade was held and a busload of Orangemen came up from the Wicklow district – “I happened to be standing behind two of these Orangemen – quite elderly gentlemen. Behind the platform was the Union Jack fluttering in the breeze … one of the Wicklow Orangemen turned to the other and said – “isn’t it wonderful just to stand beneath that flag once again?”. That affected me deeply…….”

“Brid mentioned the Tunnel incident in Portadown – it reminded me of another tunnel incident in another divided society (Israel) which happened only recently – we’ve all seen the trouble that caused from the reaction of the Palestinian community. There’s another part of the world where divided communities can so easily produce violent reactions…..”

“The problem is older than the N.I. State …One thinks of the “Battle of Dolly’s Brae” in 1849 as a result of which Orange Parades were banned for some 16 years, the ban being broken by the famous William Johnston of Ballykilbeg, when he walked from Bangor to Newtownards.

“Dolly’s Brae was a legal parade – it was protected by military at the front and rear because the supporters of O’Connell had threatened to disrupt that parade…. they were fired on on the way back … the military cleared the hill. Eight people were killed – following the inquiry the Orange Order got the blame and as a result it was banned for 16 years. “

Right to peaceful procession: “We would base our right to traditional parades to the simple human and civic right to peaceful procession and celebration of our culture and traditions .”

“In every civilised society (I’m taking this from a recent newspaper article), there are certain fundamental freedoms, rights and liberties, protected by the State. They range from the right to live in peace, to the right of freedom of belief and speech, to the right of free association and the right of cultural expression. These rights form basic human rights which are the entitlement of every citizen in a free society. Collectively the observance of these rights entitles us to consider ourselves as free men and women who can enjoy liberty in a just society . Once one component within this convention of human rights is denied then our very free existence and liberty is to be questioned.

“Now one can trace the right to peaceful procession to the 2nd Amendment of the US Consitution , through the Charter of the United Nations, International Declaration of Human Rights, 1948, International Covenant of Civil and Politicial Rights, European Convention for the Protection of Human rights and Freedoms, European Social Charter – there’s a considerable body of international law dealing with the right of peaceful procession and the peaceful expression of your culture.

Peaceful intent: “The definition of course is in the intent. Now the Orange Order would maintain that in its traditional parades, such as the Ormeau Road, Garvaghy, Pomeroy etc., that the intention of the parades is to be peaceful, that the parade is not threatening violence – it is not threatening to break the law. Our contention is that it is the “concerned residents groups” who sit down on the road, who block the highway, intend to create a breach of the peace – and our quarrel with the decision of the Chief Constable in the matter of Garvaghy Road is that he elevated a threat from a residents’ group to deliberately break the law higher than the peaceful intentions of the parade, and that therefore because of a threat to break the law, a peaceful parade was denied its rights.

Sinn Fein agenda: “This problem is extremely difficult – but what makes the problem worse, from the Orange Order perspective, is that these concerned groups are following what we perceive to be a Sinn Fein agenda. The Orange Order did not promise last year that we would have a “long hot summer “- that was promised by Mr Maskey, one of the leading figures in Sinn Fein. It seems to us that since the IRA ceasefire, Sinn Fein have turned to street politics quite deliberately, as a deliberate strategy, to polarise, divide, Balkanise, ghettoise the two communities. It seems to me that they would love to create a situation where the Catholics live in one particular area, the Protestants live in another particular area. They tried this for 27 years and it’s coming a lot closer after the events in Garvaghy, with the economic boycott, particularly in the west of the province.

Diverse society: “We would argue that it is not in the interests of the Orange Order, or anybody’s interest in N.I., to drive both communities to such a polarised state where they live in exclusive ghettoes. I want to live in a diverse society – I want to see Catholics and Protestants still mixed – I want to go back to the days before the Troubles when the tradition in country areas always was, that, on the 12th July, a Catholic neighbour would do the milking for a Protestant dairy farmer so that he could get away and celebrate his day.

“In August, The favour would be returned so that the Hibernian could celebrate his day, and the Protestant would do the milking for him.

“I would like to get back to those days – I know a lot of my Catholic neighbours came out and watched Orange parades for the wonderful display of pageantry – where would you see the like of it all over Europe? If this was properly handled it should be a marvellous boost for tourism north and south. You just do not see an Orange procession anywhere around the world. But this bitterness, this hatred, this serious lack of toleration, grieves us deeply We are conscious of De Valera’s pledge about the Irish tricolour – the green and the orange – the white being the symbol of peace between the two traditions.

Parity of esteem: “We hear a lot about respect for the two traditions – parity of esteem, another phrase used very glibly by people like Mr Adams, Mr Maskey and Mr Macguinness. We would ask for real parity of esteem. Now if people cannot tolerate a church parade – not a 12th July parade – behind an accordion band consisting mainly of teenage girls playing hymn tunes – no party tunes on a church parade. If they cannot tolerate that for 5 minutes in a year what hope do we have for living together in tolerance and mutual respect? Those are the things that really do grieve us very very much.

“I have here a book by John Dunlop – one of the commissioners on the parades issue. I can’t say that the appointment of John Dunlop particularly pleased the Orange Order because his views are well known – he was one of the senators in Queen’s University responsible for taking the decision to stop playing the national anthem . In this book, John Dunlop writes –

“unionists need to know that they are recognised and honoured by nationalists. This is a responsibility which devolves upon nationalists. Unionists cannot do this for themselves . This means that nationalists in both parts of the island need to be heard and seen to be concerned about the wellbeing of unionists as well as nationalists. This is not the case at present.”.

“…Traditional and peaceful Orange parades have been going down certain streets for 187 years – and for most of the 187 years, even during the height of the “troubles” when the bombs were going up, they weren’t disrupted . Suddenly these last 3 years they have become a problem – I would suggest that we really do need to take heed of John Dunlop’s words – and we do need to see some geinuine respect and some genuine tolerance, and I’m sorry to say that it is lacking very much in our present situation.

Dialogue and consent: “Brid mentioned “dialogue”, “consent of the local people” – now quite frankly these two things cause us a lot of problems – for starters, who do the “concerned residents” groups put up to negotiate with the Orange Order? If they put up Brid Rogers, an elected SDLP councillor in the Portadown area there would be no problem. I am quite happy to appear tonight with Brid. If they put up Alastair McDonnell, the elected SDLP councillor for the Ormeau Road area, the Markets area of Belfast, we would have no problem. As a matter of fact we already have had quite a considerable dialogue with him. He’s been given copies of all the Orange Order literature on parades which he appreciated very much. But he is ignored by certain people in the so-called “Lower Ormeau Road Concerned Residents” Group. They ignore the elected SDLP councillor! Because they are interested in pushing the SF agenda of division , of hatred, of polarisation .

Garvaghy Road: “Brendan McKenna, Garvaghy Road Residents Group, was sentenced to 14 years in prison for IRA terrorism – he blew up the British Legion Hall in Portadown. Now, like it or not, the Orange District in Portadown is not going to sit and talk with that man – they are not going to do it….

Apprentice Boys’ march in Derry: “Donnchadha MacNiallais, of the Bogside Residents’ Group, served 16 years for IRA terrorist activity – a leading member of Sinn Fein in the Londonderry area.- This is the guy they put up to speak for them. Brid claimed that John Hume had performed a wonderful piece of work in Londonderry – well, far be it for me to disagree. John Hume is a local MP, carried out his duty and brought both sides together, the Apprentice Boys and the Bogside Residents Group . But I want you to understand that Mac Niallais wrecked an agreement which John Hume had brokered. And the agreement was that a very small number of the Apprentice Boys, representative of the parent clubs just in the Londonderry area, would walk the wall – that the large number of Aprentice Boys who wanted to walk the wall would not in fact walk that wall. It had been agreed – a very small number, representative of the parent clubs, would actually walk the wall.

“Brid has eloquently explained the importance of the Siege of Derry to most Protestants, whether within the Orange Order or not. The Siege of Derry is a very very important event . John Hume had brokered that deal, but MacNiallais, at the last minute, wrecked it by trying to insist that any agreement would have to be inclusive of the Ormeau Road and Garvaghy and all the other contentious areas. So he wrecked it, virtually at the very last moment – now why? Now I would contend that that is because he is following the Sinn Fein agenda .

Hatred and bigotry: “We have had some terrible incidents since – a busload of Orange women, some of them quite elderly, visited the museum attached to the Apprentice Boys Hall in Londonderry , which has items from the siege – original weapons etc all on display …. After visiting, they went out shopping and were stoned – some of them ended up needing hospital treatment. The Grand Master of the Orange District in Londonderry, who tried to protect them, got beaten up for his trouble. And all the time the concerned residents group was monitoring these women – monitoring them in case they tried to have a parade without giving 7 days notice! So this is the kind of hatred, bigotry, that we’re up against. The Orange Order , Lord knows, has been accused of those things often enough, but we see it and it grieves us…..

Number of parades: “It is not true to say that the Orange Order has anything like 3,500 parades a year…. I think a lot of them are getting confused with band parades which have nothing to do with the Orange Order – some bands are linked with lodges but most stand independently and have their parades to raise money in many towns and villages . A lot of the money is actually given to charity. The Orange Order is not responsible for band parades and band parades should not be counted as part of the Orange Order. Some people do not know the difference between an Apprentice Boys parade, a Black Preceptory parade and an Orange Order parade – they’re all just called Orange Order parades. I’m afraid we get blamed for things for which we have no responsibility….

“In actual fact, the number of parades in recent years has been greatly reduced. One of the traditions, a very long tradition, in Orangeism in Belfast, was that just before the 12th, the lodge would go out to the Worshipful Master’s house and get tea, put up the banner, and then walk to the centre of town. When the Troubles began that became impossible – that couldn’t be continued. The Orange Order scrapped what must have been hundreds of separate little parades in Belfast and replaced them with the tradition of the “mini-twelfth”, where usually the Saturday before the Twelfth each district has a little parade of its own.

“So actually we could say the number of parades has been reduced – even on the Garvaghy Road . The Portadown District tell me there used to be 7 Orange parades down the Garvaghy Road – that included of course the parade of country lodges down the Garvaghy Road on the 12th July. All of those have been given up, on police advice, some I have to admit with a bit of arm-twisting, but most voluntarily – all but one, the one church parade that has caused all the difficulty. So actually the Orange Order has given up 6 parades on the Garvaghy Road and replaced them with one.

Garvaghy Road: “Inspector Jackson, retired from the RUC, wrote a very interesting letter regarding the whole issue of the Garvaghy Road in which he went on the record as saying that as a replacement for the parade on Obins Street – that’s the Tunnel area referred to earlier – … they suggested that the Orange Order should go down the Garvaghy Road, that in their eyes that was ok – they more or less gave an assurance to the Orange Order that there was no problem from their point of view with the Garvaghy Road. Then of course we find that that assurance given to Portadown Orange District was broken. Mr Jack Hermon , retired Chief Inspector of the RUC, went on record as saying that the original decision of the Chief Constable to reroute the church parade down Garvaghy Road, was a serious mistake . That he should have known from the previous year. He described it in terms that I’m sure an Orangeman would disagree with – he described Portadown as the “Orangeman’s Vatican”, and that any attempt to seriously reroute or ban parades in Portadown would cause great trouble. So, the Orange Order has reduced the number of parades – both in Portadown and elsewhere.

Contract for bands: “The Orange Order also has tried to tidy up its act with regard to parades – we are conscious – I don’t want to come here before you and say that everything’s perfect under the sun – it’s not. Some years ago, conscious of criticism about the behaviour of bands attached to Orange lodges the Grand Orange Lodge of Ireland introduced a conditions of engagement contract that all bands are required to sign , and if bands break this agreement they are forbidden to walk in an Orange demonstration anywhere around the world…. we are not allowed to hire that band. We have for instance:

“all members of a band must maintain uniformity of dress to a standard reflecting the dignity and decorum of the institution with whom they are on parade. Shouting in an unseemly manner for emphasis of certain tunes is strictly forbidden…..”

“We must distinguish between a Twelfth parade and a church parade – hymn tunes are only played in a church parade – on the 12th July of course it is a celebration of the Boyne and we get all the traditional Orange tunes.

“Bands will employ regulation step only in parade – drumming or twin drumming, dancing or jig time stepping by a member of the band is prohibited. In the case of church parades , recognisable hymn tunes or sacred marches only can be played.”

Bands taking part in church parades must also attend the church service – and not be seen to be hanging around outside smoking.

“ It goes on to talk about the flags that are permitted to be carried by bands. That contract is not there for decoration … [Mr Whitten went on to describe an incident in Armagh District where a band was prohibited from carrying a flag bearing the letters “UVF”, even though they protested that the letters referred to the historic l UVF of Carson and Craig… ]

“We have done something about bands – we are prepared to take action . We are attempting at any rate, in the matter of the band contract, to clean up our act and make sure that our demonstrations are peaceful.

Civil war: “It’s been a very difficult summer, for everyone in Northern Ireland. I don’t want to minimise it – I personally think we were extremely close to a civil war. I refer to the example, which might seem very simple, of the opening of a tunnel causing all that violence in Jerusalem this past week . An event which may seem to be silly to people on the outside – such as the rerouting of a church parade – can very often spark something in a community where you have tensions, where you have fears, where you have people saying that ‘the ceasefire’s a sham’, that ‘Sinn Fein are winning’.

“All it takes is a silly little incident to spark off a terrible confrontation.”

Hatred and intolerance: “I want to end with something which I find personally shocking. I read this to illustrate the kind of thing we’re up against – the hatred and intolerance that we’re up against. This is Conor Cruise O’Brien’s book States of Ireland. I recommend this book to everyone … It was written just at the beginning of the Troubles. This story is when Conor Cruise was a member of the government and he was sent up to the North to meet leaders of the Catholic community – not just politicians – to try to get them to co-operate and to interrelate with their Protestant neighbours – that was the policy of the Dublin Government in those days. He said of a meeting with Catholics:

“most of them heard me with resignation but without manifest dissent – a typical comment was “though Frank Aiken [the Minister who sent Conor Cruise up there] was born in Armagh he had been away for a very long time”. There was one man however, a local chieftain in a remote village in a desolate and hilly part of South Armagh who made no reply at all to my message. He was sitting in front of his little shop looking out across the glen in the stillness of a summer evening. Uneasily, to break the silence, I asked him whether there were many Protestants in the district. Then he spoke quietly: “there’s only one Protestant in this townland and with the help of God we’ll have him out of it by Christmas”.

Now unfortunately that attitude is all too present in parts of Northern Ireland, and as I say, let’s have some toleration. Let’s tolerate a church parade for 5 minutes in one day in a year. Let us get to true respect – to true parity of esteem between those two colours either side of the white of peace on the Irish Tricolour. Thank you very much ladies and gentlemen.”

3. James Tansley (First Secretary, British Embassy, Dublin)

“There has been a lot of talk this evening about the parade in Drumcree and the way it was handled. Questions have been raised about the operational independence of the RUC – the role of the Northern Ireland Secretary in the approval or otherwise of parades, and the attitude of the RUC towards parades organised by unionists and nationalists. I’d like to dwell briefly on each of those issues as I feel it puts in context the whole review of parades which was announced by the Northern Secretary in July.

The operational independence of the RUC: “It is true that the wider power to impose a ban on a public procession or an open-air meeting in Northern Ireland rests in law with the Northern Secretary. But in practice such decisions are made only on the basis given by the Chief Constable. This is precisely what happened when the decision was taken for the Apprentice Boys in Londonderry in August this year. The responsibility for evaluating a proposed parade against the statutory criteria rests with the RUC, specifically the Chief Constable. In making such decisions as to whether a parade may follow a particular route, the RUC must decide as to whether that proposed route is likely to cause serious disorder , serious disruption to the life of the community or serious damage to property, or whether the purpose of the organisers is to intimidate others – if so the RUC alone have the right to impose conditions on the parade.

Drumcree: “Many commentators have wrongly assumed that Drumcree took the RUC by surprise. This was not the case – unprecedented efforts had been made – by the government, through the Northern Ireland Office, by church leaders, by the RUC, and by many others, including groups, residents groups and others in Portadown as far back as January this year. I should stress that from a government perspective there was an alternative non-contentious route available to the Orange Lodge from Portadown but they decided not to take it. The RUC had also served a lawful notice on the Orange Order which ordered the return stage of the parade at Portadown to be rerouted away from the Garvaghy Road. Following that decision, which had the full support of the British Government, there was serious public disorder at Drumcree and many other parts of Northern Ireland and there was a clear aim to overstretch the capacity of the RUC. Throughout those four days, following the original decision not to allow the parade to go down the Garvaghy Road , there were continuing efforts to reach an agreement within Drumcree. When these failed, and in the light of the circumstances, and the Chief Constable made clear that the situation was getting out of control, there was the danger that some 60-70,000 Orange marchers would be invited to converge on Drumcree, and that there was a serious threat to life in the vicinity, he took the decision to allow the parade to go ahead.

Consequences of Drumcree: “ In the light of that, we are under no illusions of the consequences – the Secretary of State has described what happened at Drumcree that day as a disaster. It is a disaster in terms of polarising the community , and Brid and Richard have said that the events in the aftermath of Drumcree have left an appalling impression on both sides of the community . The question now is not to look back but to look forward. It wasn’t the intention of the British Government to offend one side or the other , but as Brid has pointed out, the marching issue perhaps as much as any other issue in Northern Ireland emphasises the difference between the two communities:

Unionist side: “On the unionist side, the inability to parade to and from a church service along a route sanctified by tradition is symbolic of a threat they perceive exist to their culture and sense of identity. I think it might at this time go deeper than that, in view of the current political situation. By their own interpretation of political developments the curtailment of the Orangemen’s freedom to parade is evidence to unionists that the government is following a pro-nationalist agenda. I also feel that these changes are indicative of possible future attitudes to Protestant or unionist culture should there be any change in the constitutional status of Northern Ireland.

Nationalist side: “On the nationalist side, as Brid very eloquently made clear, the right of the Orange Order to march is fully recognised and accepted but it is qualified by an insistence that marches should not go through areas where they are not welcome and where offence could be caused by displays of triumphalism. Nationalists maintain that if they are to be citizens of Northern Ireland their status should be recognised as being fully equal to that of unionists. Such recognition in their eyes does not include being obliged to allow Orangemen to march in areas because they have always done so where the residents in those areas do not want them to march.

Conflict of rights: “In a nutshell, nationalists see the prevention or rerouting traditional marches as an indication of the extent to which things have moved on politically, while many unionists see it as an indicator of how much there is to be regained. As Brid made clear, the tragedy arises from a conflict of right with right.

Independent Review Body on Parades: “It was against this background that the Northern Ireland Secretary announced in July a review – an independent review of the whole issue of parades. I will just read out the precise terms of reference of that review:

It is to review, in the light of evidence received from any interested party, and having regard to the particular experience of 1996, the current arrangements for handling public processions and open-air public meetings and associated public order issues in Northern Ireland, including

Firstly, the adequacy of the current legal provisions and particularly the adequacy of the statutory criteria used in making decisions on public processions and open-air meetings;

Secondly, the powers and responsibilities of the Northern Ireland Secretary, the police and others;

Thirdly, the possible need for new machinery, formal and informal, to play a part in determining whether and how certain public processions and open-air public meetings should take place;

Fourthly, the possible role for, and composition of, codes of practice for organisers and participants in public processions and open-air public meetings;

Finally, to make recommendations by the end of January 1997.

“The review has started. Neil and Dominick have already been speaking to Professor North and Rev. John Dunlop in recent days. The British Government has no preconceived idea of the outcome of that review. It wishes to see a set of recommendations coming forth which gain acceptance across the community. We realise we are not going to solve the problems without a formula which does receive widespread or widescale acceptance. Will the changes lead to changes in legislation ? Again I’m not going to prejudge the question. All I can say is that one of the purposes in having a review completed by January 1997 is that it provides sufficient time if that were needed for any new legislation to be in place before next year’s marching season begins. Thank you very much.”

4. Dominick Bryan (researcher, University of Ulster, co-author of Parades and Protest, June 1996):

“There are many points we can take up from what has already been said. What I intend to do is tell you a bit about the background of what Neil and I have been doing and tell you what we are doing at the moment. Then, between us we will offer a range of possibilities that we have been thinking about in trying to move this problem on. I’m going to talk about some of the voluntary constraints, the codes of conduct, and Neil will talk about some of the other issues.

“Neil and I have both been working in the area of parades for 5 and 6 years. It’s only in recent years that we’ve started to look specifically at the problems. We’ve had a couple of reports that have been published looking at the parading disputes, and what we are attempting to do at the moment is to try and talk to as many people and circulate as many people as we possibly can to try to move some of the debate forward. It is complicated – it isn’t going to be an easy thing to solve. One thing I think everyone can agree on is that we cannot go through another summer such as we have just gone through – it’s too horrendous to contemplate.

Central arguments: “You’ve heard some of the arguments. I’m going to discuss very briefly two central arguments that will be used over the coming weeks – one is the argument of tradition, and one is the argument of consent, very briefly I’m going to suggest that they are trying to argue the same thing – they are trying to argue power.

Tradition : “Describing parades as traditional parades as having some special category is not going to solve any problems. Why? Because, though traditions are important to people, traditions have been based on power.

“The ability to parade in Northern Ireland has in general been based on the fact that the power situation which the Orange institution and the other institutions were in has meant that they have had greater parading rights than have nationalists. The number of parades – you just have to look through the history books to see the amount of nationalist parades that have been banned during the Stormont era in comparison to Orange parades.

“In fact ironically I would suggest that Ian Paisley could have written the book on stopping parades in 1968 and 1969 – stopping nationalist parades what Ian Paisley seemed to be doing every weekend, and he could have probably written the book that the residents groups are now using.

How do you judge a parade is traditional? “That’s very difficult. Parades have changed over the years and many of the symbols and things that go on in parades are very different from what went on twenty or thirty years ago. I haven’t yet heard a reasonable argument to suggest that because something is traditional it is necessarily right. You could make an argument that a 100 years ago Catholics traditionally threw stones at Orange parades – I don’t think that would make that tradition correct either. So I think tradition is not a good argument for allowing a parade.

Consent: “I think consent is a pretty rotten argument as well. How does one judge whether an area is going to give consent or not? What percentage are you going to take – how are you going to take some sort of poll – some sort of judgment over that? It seems to me, as Mary Holland very recently described it, as ending up turning up Northern Ireland into a lot of little cantons. Interestingly of course the consent argument is exactly the same argument which the Orange Order used in 1920 for arguing that Northern Ireland should have been portioned off in the first place – that’s the same argument that the residents groups are using. It’s about control of a particular area. It seems to me that if we spend our time arguing on those two issues alone then we are not going to get anywhere – they are an argument over power, past power and future power. So we must find other ways. The options are not going to be easy – they’re not going to solve the problems.

Responsible parading: “Some of the options that we’re going to have in the future is to draw up guidelines or codes of conduct which all parades would have to utilise.

“ By guidelines, I’m talking about a framework within which decisions over the right to parade should take place – I’m treating the right to parade as a very important human right. What was said about it being a human right is true – where I think the Orange Order have a problem in claiming that is that it is not a right that they found very easy to give generally to others, and we could go on about the cases in Lurgan where nationalist and republican parades have been stopped.

“By a code of conduct I mean specific criteria to which organisers of events might work to. The aim of doing this would be to empower those in authority, both organising and policing the parade. I do think that the Orange institutions have had and still have a problem with the way they control parades – and between the image that they give of parades and what actually takes place there is still a very large gap.

“ I know Richard is addressing the problem, but they have a very long way to go to solve that problem – the use of UVF flags is a good example – if you started banning UVF flags in the Belfast Twelfth you’d have a pretty short parade. The other thing is to develop lines of responsibility in the way parades are controlled. There are many current guidelines laid down by the organisations already, and Richard has read some of them out. I think those should be looked at seriously and also the organisations themselves should look seriously at how they implement those guidelines.

“There are existing guidelines on the form which paraders have to put in to get permission for their parade. There is much British legislation which incidentally is not in force in Northern Ireland at present regarding control of major events, which I expect is the sort of thing the Review Body will be looking at. There are very well-written up guidelines on how large events such as pop concerts and sports events should be stewarded, and I think stewarding must really be looked at. This is not going to solve Portadown or the Ormeau Road dispute – let’s not be fooled about that – but this would create a better environment in which these events take place.

Stewarding: “There is a lot that can be done about stewarding – look at English football grounds 15 years ago and look at them now. Look at Glasgow Rangers football ground which used to have 400 policemen to look after a Glasgow-Celtic match. Now it only needs 40 – and that is because they’ve looked at how their stewarding is properly managed. There are ways to look at the events so that they can be better managed and to reduce the sort of confrontations that might take place.

Geographical nature: “We do have to look at the geographical nature – when I say that consent of itself is not something that should be looked at, I do not mean that the people in an area need to be disregarded. I do think it important to take into account that Northern Ireland is an ethnically divided area. We can’t disregard what residents think but it has to be balanced – we have to look at the nature of the parades, we have to look at the content of the parades , the size of a particular parade; we have to see how many outsiders are involved in a particular parade .

“In asking whether that particular parade is reasonable or not we have to look at how often those parades take place, to look at how many parades there are in an area and we have to look at the rights which are given to the minorities in those areas to have their own parades. Those are the sort of things that guidelines could look at.

Ability to control parades: “We need to look at the ability organisers have to control parades. There’s a lot that could be done by people who hold demonstrations. We have to take into account certain mitigating factors – events that take place which may make a parade difficult on occasions. I’m not talking about banning parades – I’m saying that the right to have a parade must be looked at in terms of a whole series of events. In principle people should not be banned from any road in the country. I could go on at length about guidelines and codes of practice, and it will come up in discussion, but what I am trying to say is that at that lower level, I think there are things that could be done. ”

5. Neil Jarman (researcher, University of Ulster; co-author of Parades and Protest)

Right to political, cultural and religious expression: “I want to re-iterate one thing that Dominick said , that,although there’s been problems over parades extensively over the last 2 years, and less extensively in the years leading up to that period, what I think has got to underpin an attempt to resolve the issue is a need to recognise that the right to political, cultural and religious expression and demonstration has got to be safeguarded and we ‘ve got to facilitate that. If people want to parade, and it’s an essential part of the social and political culture of Northern Ireland, we’ve got to allow it…..

“At the same time that right has got to be extended to both communities and that right – the right to political expression – has got to bring with it certain forms of responsibility.

Totality of rights: “There’s a lot of talk about the rights that people have – we have to balance those rights. There is no list saying which rights are first, second or third – they’re all-encompassing. A lot of rights are talked about, but there are other rights – the right to live in peace, the right to live free from fear, the right not to be offended. People talk about communities going out of their way to be offended. We need to address the totality of rights and to recognise that rights bring with them responsibilities.

Options: “So recognising that there’s a need to address the issue politically, there are a number of options that can be taken up. These are some of the ideas we published in June – before the North Review Body was announced. They are ideas we elaborated with various parties – over the last winter we talked to various residents groups and members of the loyal orders and political leaders. These are some of the options – to some extent they are not mutually exclusive. There’s no reason why we couldn’t and perhaps shouldn’t install all of these – We can move through voluntary constraints to more formal legal approach……..

Mediation, dialogue: “Mediation and forms of local dialogue and compromise have been going on – they haven’t worked all of the time, they have worked some of the time. One of the problems is a tendency to focus on the areas where the problems have not been resolved. There are some areas – for example, Bellaghy, where an agreement was reached this year. In Castlederg in 1995 there were disputes at a number of parades. Some form of accommodation was agreed – last year there were no disputes at Castlederg. So there are possible ways around the issue that can come through in local agreement – we need to look at those more so than at Drumcree. It’s not total doom and gloom. Mediation, compromise and discussion are things that most people agree need to be carried on .

Responsible parading – the way organisers and protestors deal with their symbols, deal with their attitudes, deal with their behaviour on the pardes and on the protest. Focussing on the paraders all the time tends to ignore the fact that there are protestors – if protestors are going to have the right to protest there are going to have to be guidelines and constraints for paraders and protestors at the same time . The thing has got to be managed and balanced.

Law: “Changing the law has been advocated – it was a central plank of the LOCC’s 6 principles for parading, and the Public Order Order has come in for widespread criticism. But I am wary of rushing down the line of changing the law and seeing that as a panacea for the problem. There are a number of areas of the law that are not currently used , for instance, there are a number of areas which the police find are all very well on the statute books but when it comes to the problems of the day they have problems in utilising them. Much of the law is unused at the moment, and perhaps we ought to move away from the formal law at the moment and push it back towards the mediation, the compromise and dialogue.

Tribunal: “One suggestion has been for a tribunal – a facilitatory body which would encourage dialogue, would manage dialogue and try and impose a series of structures that people should go through to encourage dialogue.

Information: “ Part of that process would be to improve the information that is available on parades. One of the things people object to is that they often don’t know about the parade in advance – they are quite surprised by it. Anybody living in Northern Ireland knows that sooner or later you could be driving out on a Sunday afternoon or a weekday evening in the summer, and you’re going to get held up by a parade you weren’t expecting. There is a case for better information management so that people could be aware of the parades more clearly. People need to be given time – to have a way of raising objections in a more orderly manner so that the protest is raised through dialogue rather than getting numbers of people out on the streets . By giving the information further in advance, that is one of the ways you can do that. When the Public Order Order was introduced (1987), there was a lot of fuss about the parades having to give 7 days notice in advance. Any attempt to extend that period of notice is obviously going to cause contention. If we go back and invoke the concept of tradition – the organisers know when the next round of parades will happen – they all know when they will be parading next year – so whynot tell everyone else and allow people to plan around that? Having advance notice gives people time to raise their protest in advance but it also gives you a longer period of time to discuss the problems, to engage in more structured forms of dialogue and mediation and hopefully come to a compromise. One of the problems with having 7 days notice of a parade is that it doesn’t give you very much time to discuss the issue, to find a resolution to any protest. You’re running up against deadlines – It’s not like an industrial dispute, you know that come Saturday that parade is either going to come through or its going to be stopped.

Derry: “ One of the advantages about the disputes concerning the Apprentice Boys Parade in August this year was that people knew about it 4 weeks in advance, or they were prepared to admit that they knew about it 4 weeks in advance, because people know these parades are coming up. but because they don’t have to give notice until 7 days in advance, people can say we’re not fully informed. The Apprentice Boys Parade was known about 4 weeks in advance, people focussed their minds, there was time to get the parties together, to engage in more structured dialogue and more focussed dialogue. And I take the point that was made – that it also allows time for people to be obstructive in this issue, and it also allows time for dialogue to break down.

Framework of coordination – Parading commission: “I think you need a framework around it, a framework of coordination which often doesn’t happen in these disputes; sometimes you have 2 or 3 parties trying to facilitate or mediate between the parties, of one side not knowing what the other hand is doing. … A parading commission [could be set up] …which would coordinate, would oversee, but would not give permission, would not sanction, would not condemn the parades, would not stop the parades but would be there to try and focus a framework in which people can discuss the issue.

Changes in the law: “You may still need changes in the law to set up a parading commission, to empower the guidelines and codes of conduct that you want to introduce, to set the parameters of some of the parades. But on the other hand we’re still going to have to recognise that at the end of the day if an agreement is not reached the police are going to have to make a decision based on public order – the police are going to want to retain that right, that power. A form of dialogue can encourage the decision one way or the other – but at the end of the day might will have to be addressed.

Need to address the issue: “ We have to create a temporary space in which dialogue is nurtured and built upon. There are a limited number of parades that cause problems …. It has a potential to be increasing year by year, but at the same time, as Brid Rogers said, if the issue were addressed last year, we could competently say that in a number of those areas the parades problem would not have arisen, if the problem had been addressed, and if it had been addressed on the issue of rights rather than the issue of might.

Parading issue a mirror of broader political problem: “In some senses the parading issue is a mirror of the broader political problem – people don’t sit down and engage in dialogue, people don’t trust each other, people are unwilling to make compromises, people are unwilling to set a deal until all the pieces are in place – nothing is agreed. The parading problem is the peace process at a local level – and it needs to be explored and dealt with at the same time as the bigger peace process

Chair: Thanking the speakers, and opening up the debate to questions from the floor, John Clancy said that “the issue, as has been described , is about two rights, two freedoms, and freedom has been described as knowing your responsibilities. Maybe this process that is going on now where after Drumcree, we all stared over the edge of an abyss and everybody was of the view that we saw a nightmare about to erupt – maybe it is the time to redefine and relook at our perception of freedom, our responsibilities to ourselves and to others:”

QUESTIONS AND COMMENTS (Summary only):

1. [Q. for Richard Whitten: re representatives of residents]: “You did say that if elected representatives were put forward to speak for the residents, then the Orange Order in those particular hot spots would have no problem speaking with them … would members of the Orange Order also speak to other residents within the area, who had no hidden political agenda?”

Richard Whitten: “Members of the Orange Order have met some of the residents of Garvaghy Road. Negotiations have taken place. I cannot reveal names – that was done on the basis of confidence and that has to be respected by both sides. The Portadown District does have a problem with the spokesman put forward – the fact that he was responsible for blowing up part of Portadown town centre. This is what has raised the temperature – the fact that Portadown now has only got back together again.

Lurgan: “Reference was made to Lurgan, to Protestants stopping republican parades in Lurgan. Lurgan was completely devastated by a massive car bomb. Where do the people come from who planted the bomb? Where do they go back to?

[Member of audience]: “They were stopped long before there was a car bomb”

Richard Whitten: “as far as I am aware the Orange Order itself is not stopping the parades from going through.. To us unfortunately it is mixed up with what we perceive to be a Sinn Fein agenda, and if somehow we could get the Sinn Fein agenda out of the equation then the Orange Order would have less of a problem talking to these groups – if we had that assurance, that the Sinn Fein agenda is not being advanced, then we would have less difficulty in talking to them.”

Brid Rogers: “…. I have to say that the picture of Orange marches presented by Richard , and which he probably believes, is very far from the picture that I have witnessed of Orange marches through the Tunnel. I have actually seen Orange marches going through the Tunnel and men stopping outside the parochial house to urinate just by way of insult.. I’ve seen bands thumping the drums – I have stood on the sidewalk and witnessed it. The picture of lovely little girls in accordion bands – I’m afraid it’s very far from the truth of what Orange parades have meant to nationalist areas. But I do have to ask a question – Richard asked why not let them down for a church parade lasting 5 minutes? Well the reality of what happened last year was, first of all, if it is a case of a church parade walking down an area for 5 minutes, they are not being prevented from coming from church, it’s just that they’re being prevented from that one particular route. There are other routes available – one route was offered by the RUC during the stand-off.”

“I can understand Richard’s feelings about talking to convicted IRA terrorists …. I have no time for convicted terrorists on any side. But from a nationalist perspective, watching the Drumcree stand-off, and watching Billy Wright, who parades around in a UVF T-shirt (a group which has murdered 42 people in the last 10 years alone …. women and children included). That man was parading around, in the churchyard – holding talks with the local representative of unionism. Yet you have problems talking with a man who was convicted 15 years ago and who, as far as I know, has not had a conviction since! … I can’t understand why you have difficulty talking to one and no difficulty talking to the other. …. I sat down today at Stormont beside a man who killed one of my colleagues .. I have to sit beside him because there is no other way of getting into dialogue to try and resolve our problems. … If we’re going to resolve the N.I. problem, whether it’s the marches, or whether it’s the bigger problem, we are going to have to talk, not just to the people that we pick, that we like. We are going to have to talk to the people we don’t like and that we have very great reservations about.”

Garvaghy Road: “As for the Garvaghy Road Residents Group – there was a big public meeting which I attended and spoke at a week before the parade. That meeting was made up of people right across the community and there was no dissension about how they felt about the parades going through their areas. So, although the spokesperson may be someone that we don’t like, there were other people on that committee too, and my understanding is that …. there was another man on that committee who was unacceptable to the Orangemen because he happened to be a Jesuit. “

Brid Rogers: “On the right to peaceful assembly – we all have the right to peaceful assembly, but we didn’t get it . I wasn’t allowed the right to peaceful assembly in 1969 [during the civil rights campaign] … but I’m not going to go in to all that..

Lurgan: “The situation in Lurgan is that it is not just the Sinn Fein march that couldn’t go through. The Foresters … who have a parade every year from one church to the other are not even allowed to go round the square – they have to go against the traffic. …… .. There is a great inconsistency. Yet loyalist bands … can go up and down at will – it happens about once a week from May to end of July, and they disrupt the whole community ….”

Dominick Bryan: Re dialogue: “… Alastair Simpson in Derry came out with more respect than when he went into it – it was MacNiallais who came out with less respect – it was he who was moving the goalposts and changing the rules. But it was the Apprentice Boys who claimed the high moral ground. If the Orange Order did talk to the people more regularly in public, they would be seen to be coming out of it in a better light.

Re disciplining of bands : “one of the problems with the Orange Order and the Apprentice Boys is that they do often make concessions but they don’t often publicise them and they don’t often get the credit. They expect people to recognise what they have done and they lose credibility for things they are doing. They don’t like to be seen to be compromising, to be making gestures – so that they don’t lose face in their own community. But they don’t gain respect in the other community.

Richard Whitten: “We would distinguish main roads as being different from walking through housing estates – Garvaghy Road and the Ormeau Road are main roads …. As far as I am aware the Orange Order does not walk through housing estates where they are not welcome. There are Protestants living at the end of Garvaghy Road and at the end of the Ormeau Road – are they to be denied the right to see their parade because people living off that main road don’t want it. The fact is that there is not one single main road in Northern Ireland which is exclusively Catholic or exclusively Protestant. We still live, despite 27 years of hell, in largely mixed communities. It is not the agenda of the Orange Order to separate people into religious ghettoes. It is the agenda of Sinn Fein – it saddens me when I see the SDLP going along with that agenda. I would like to see the SDLP standing apart from that agenda, and standing up to Sinn Fein.”

Brid Rogers: “I said at the beginning that this was a conflict which was in danger of being exploited , and it is being exploited on both sides , and to me that’s wrong…. But there is an inconsistency … nationalists are not allowed to parade down the Park Road in Portadown for instance – they have been stopped by Orangemen with cudgels and had to turn back … Surely if it’s right for one it’s right for the other ?”

Q. 2: [from Member of Orange Order in audience]: “… Emotive terms have been used – in particular the references to UVF flags being carried by Orange lodges … I’m disappointed with the use of emotive language when there is no necessity for it.”

Dominick Bryan: “I did mention UVF flags on the 12th on the Lisburn Road but I didn’t mention lodges carrying them. The bands carried them and that’s the point I was making. The Orange Order should ask themselves whose parade is it? Because some of those bands are making a symbolic point which is quite against the ethos of the Orange Order…. There is a problem here – how parades are perceived. I can see how people can feel threatened. I know the Orange Order is considering this, and it can make a difference”

Q. 3: [from Member of Orange Order in audience]: “First of all, may I say that I do not want to deny my Irishness – but my Irishness is not exclusive. I can be British and Irish the way a Scotsman can be Scottish and British. … What Brid said of the Orange marches does not reflect my experience, maybe that’s because of the area in which I parade. …

There is a lot of misinformation going around. Recently I took some visitors from Dublin to the Ormeau Road – they didn’t know it was a commercial road. But why are we becoming increasingly polarised? Why is there trouble in certain areas? … It is because there is an agenda. I can remember as a child watching Orange parades – local residents came out….There are never any problems in Donegal – it is perfectly peaceful. Why should there be problems in Portadown or anywhere else? Because there isn’t a political agenda at the Orange parade in Donegal, but there is a political agenda in the Ormeau Road, in Londonderry, in Bellaghy, in Garvaghy Road. What we have to get back to is acceptance of our different traditions – I can accept the non-exclusiveness of my Irishness – how can you be inclusive of my tradition. I don’t see it working the other way.”

Q. 4: [re triumphalism at parades, particularly after 1995 Drumcree dispute].

Richard Whitten: “I am aware that people saw David Trimble and Ian Paisley as being triumphalist in 1995 – but I believe it was the relief of tension … We have made mistakes. But we have occasions to deal with misperceptions and on occasions exaggerations and outright lies…..

Q. 5 [re Orange Order agenda]: “Richard has mentioned the Sinn Fein agenda, but I have attended some Orange marches and I didn’t find them very acceptable, so I am wondering what is the agenda of the Orange Order? Are you making a statement that to be Orange is to be British and to be British is to be top dog? I have good friends who are Orangemen but I don’t feel that Orangemen put themselves in the nationalists’ boots. … I travelled to several areas in Northern Ireland this summer (after Drumcree). I came home so depressed. Drumcree was a tragedy. What will happen next year? … I really wish the Orangemen would look at an Orange parade from a nationalist point of view – it’s not “mardi-gras”. What about the “kick the Pope” bands? I find them so offensive.”

Richard Whitten: “Orange parades could not be described as mardi-gras. It’s not a carnival atmosphere. It’s more dignified, with people walking in ranks, with the banner in front, with either a Lambeg drum, or a band if they can afford it, with the worshipful master in front, with a deputy and perhaps two swordsmen on either side. …. That precise form of Orange parade comes from the Irish Volunteers – At the Battle of the Diamond, many ex-Volunteers took part, and these are the people who actually formed the Orange Order. It’s a tradition.

“ The Orange Order was parading when Ireland had its own parliament, before the Act of Union – so the Orange Order predates the N.I. State by a long way and should not be confused with all the baggage that has been attached to N.I. over the years by nationalists and by Sinn Fein. Throwing discrimination at us, throwing “no jobs” at us is grossly unfair. I have even heard that one of the objections raised is that they wear dark suits, bowler hats and carry umbrellas! As to the agenda of the Orange parades – it is a cultural celebration – it is not meant to be triumphalist.

“It is a very big organisation – it encompasses people who rarely go to church. We try to encourage them to go to church. The Orange Order has seldom been given thanks for trying to show the correct way to young people, for trying to inculcate in young people some kind of discipline, and preventing young people from straying into paramilitary groups.

Q. 6: James Tansley: “The questioner asked what is going to happen next year? … What do both of you think should be done?”

Brid Rogers: “First I would like to ask Richard if he has any conception as to how the sectarian speeches made in the Field at the end of an Orange parade have affected nationalist perceptions of the Orange Order? … …

“As for remarks about a Sinn Fein agenda … it may well be that Sinn Fein have an agenda, but it isn’t our agenda, it isn’t my agenda. I have a constituency in Portadown who are very aggrieved at what has happened over the years, and at the inconsistency and unevenhandedness in the way marches are treated.. If you feel there is an agenda, then you should put forward your own agenda, and that agenda needs to be at the local level, at the macro-political level, an agenda where we enter into serious dialogue meant to resolve the problem, both the marching problem and the bigger problem.

“What has to be done between this and next year is that people have to sit down, the Orange Order, the residents, the community representatives, the elected representatives and the churches have all got to talk the issue through and listen to one another and find an accommodation which won’t be a victory for one side or the other. People who take great exception to talking to some people have to swallow their pride and talk to those people and others who represent the nationalist community. That is the only way it will be resolved – to sit down and talk about it. Derry was a good example – the Apprentice Boys took the high moral ground, and I have to hand it to them – they got in there and they talked, and I have to admire them, I think they came out of it well. Donnchada MacNiallais came out of it badly, because I saw him moving the goalposts, and a lot of nationalists saw him moving the goalposts. And that’s how you do it.”

Richard Whitten: “I would say, wait and see. The Grand Lodge of Ireland is making a submission and there are a lot of positive points – it’s not all going to be negative. I’m not at liberty to say what the Orange Order intends to do next year, but wait and see our submission to the Commission.”

Q. 7 Julitta Clancy [Meath Peace Group]: “… I feel there is a huge problem of understanding – many in the Orange Order, and in the unionist community generally are not putting themselves in the shoes of the nationalist community, as was mentioned earlier. Equally, many nationalists – and indeed most people in the south – do not understand unionists. After Drumcree, there was great polarisation – the 27 years of violence did not achieve such polarisation . If you’re talking about a Sinn Fein agenda … who is actually feeding that agenda? People who are not entering into dialogue, and not talking. And who is strengthened by that? It’s not the SDLP – it’s people who did not represent the nationalists through all those years of violence, and they are getting increased support now, through the hardline attitudes. The majority of people in Northern Ireland … do not want to go back to that violence, yet Drumcree put everyone on the edge. I feel it did more than the 27 years of violence to polarise the communities. The Apprentice Boys at Derry last August [1996] did actually take the high moral ground, because they talked. But it’s all in front of us again next year – and are we going to have a Bosnia-type situation in a country that really doesn’t deserve it?”

[Member of Orange Order in audience]: “The point is that we have lived under pressure, since 1972 we have been ruled direct from London, and since 1985 we have been ruled by the Anglo-Irish Agreement. Every move has been a move by the South . The South, by sending up Dick Spring and others, are really causing the undercurrent and the reason for Drumcree. Drumcree was the loyalist and unionist and Orange people of Northern Ireland saying we’ve gone far enough. Every time we’re pushed from Dublin, pushed from London, that is the sort of reaction we’re going to have. If you are living in a country that is under siege at every level – pan-nationalist front, Dublin-London, America – we saw an opportunity to say “no” at Drumcree and we took that opportunity. If you think that the demonstration of Drumcree surpassed the 27 years of violence, murder and mayhem then you are not living in Northern Ireland .. …. We were driven to Drumcree…”

Julitta:: “I apologise if you got that impression – it was certainly not what I meant. All I meant to say was that extremists gained more from the situation than in all the 27 years of violence. I was not in any way trying to minimise the appalling suffering and killing. Unionists have told me that we don’t understand how much Drumcree meant to them, and that they feel that “Dublin is deciding everything”, but some have also said that they didn’t like what happened on the Ormeau Road, the way the people were treated subsequently, when they were locked up in their houses for 24 hours. .. If there is an agenda, let’s deal with it, and let’s not let extremists gain out of this.”

[Member of Orange Order]: “I appreciate the points you are making, and I understand them. . But the polarisation you talked about is going to continue . … . … I would say to the politicians, and those who are pushing for a united Ireland, and pushing to take over this state, that you will have to answer for it”

Brid Rogers: “Nobody is pushing you into a united Ireland – even Gerry Adams has said there won’t be a united Ireland in the foreseeable future. There won’t be a united Ireland unless unionists agree to it. It’s written in black and white in all the documents brought out by both governments. I don’t want a united Ireland that is imposed on you by blood – nobody wants that. It wouldn’t work anyway – so let’s get real here. What we’re talking about is finding structures which will accommodate me and my Irishness and you and your Britishness – if we don’t do that, then those people who are trying to impose a solution, not the government, they’re going to have the agenda themselves. There is no threat to the union – there’s more threat to the union by what happened at Drumcree than there is from the IRA because, as the Chief Constable said, it was an attempt to disrupt the State – it was not the IRA, it was the Orangemen who did that.”

[Member of Orange Order]: “Will you and your party dissociate yourselves from Sinn Fein/IRA and all their policies and all their actions – and you can start by condemning without reservation the boycott that is going on.”

Brid Rogers: “We have condemned organised boycotts without reservation. If there are individuals who have made a decision, because they saw their shopkeeper on the barricades, far be it for me to tell them what to do. An organised boycott is an evil thing and it affects both communities….. Everyone suffers. It poisons the atmosphere….”

CLOSING WORDS

Concluding the discussion and calling for dialogue, John Clancy said that “dialogue must happen – where there’s a willingness to reach out for a solution, solutions do occur – when you show your willingness to talk, people see that and respect it.” He thanked the speakers for giving so generously of their time, and he thanked the audience for their participation and for listening so well.

————————————————

Meath Peace Group Report, November 1996. Taped by Anne Nolan. Compiled and edited by Julitta Clancy

(c)Meath Peace Group

 

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1996 – No. 21: “Building Trust in Ireland” – report
Posted by Cian in Public Talk Full Reports

21. “Building Trust in Ireland“

Monday, April 29th, 1996

St. Columban’s College, Dalgan Park, Navan

Speakers:

Hon. Judge Catherine McGuinness (Chairperson, Forum for Peace and Reconciliation)

Brice Dickson (Professor of Law, University of Ulster)

Chaired by John Clancy (Meath Peace Group)

Contents:

Addresses of speakers

Closing words: Julitta Clancy

Editor’s note: This talk was the first of our talks after the breakdown of the IRA ceasefire in February

“BUILDING TRUST IN IRELAND”

Judge Catherine McGuinness:   “Building Trust in Ireland – The Work of the Forum for Peace and Reconciliation”

“May I begin by thanking Julitta Clancy and the other members of the Meath Peace Group for your kind invitation to address you this evening. I was delighted to have another opportunity to come again to Meath where so many of you have committed so much time and effort to the advancement of peace and reconciliation on this island. Indeed, it is worth noting that Meath has provided us with three Members of the Forum: the Taoiseach, John Bruton, and the Coordinators for Fianna Fail and the Labour Party, Deputies Noel Dempsey and Brian FitzGerald.

“I was particularly pleased to have the chance to meet some of the young people from the area who have been involved in several peace rallies last month and some of whom have participated in the Northern Studies programme recently. I am very pleased also that Professor Brice Dickson has been able to join us here too. Professor Dickson is a most distinguished academic and we in the Forum were very glad that he was able to prepare a very interesting paper for us which formed part of the recent Forum publication Building Trust which we shall discuss later. As a lawyer myself, I have studied Professor Dickson’s paper with special interest.

Canary Wharf bombing: “The days and weeks immediately after the bombing at Canary Wharf in February produced a strong and heartfelt response from thousands of Irish people, young and old – stronger, perhaps, than many might have foreseen. While the strength of that emotion in the immediate aftermath of Canary Wharf may not be at the same level today, I have no doubt that it continues to be expressed through a quiet, clear determination that violence should have no place in our society again. The people of Northern Ireland have experienced, some for the first time, a year and a half without bombs and bullets, although regrettably a number of other violent incidents have taken place. Many in the South have realised too what peace means, not only for the people of Northern Ireland, but also for the opportunities which now exist for greater contact between both parts of the island, offering a real chance for us and for our children to get to know each other better and to develop a real trust based on tolerance and respect.

Building of trust: “The building of trust has been a central objective and achievement of the Forum for Peace and Reconciliation since its inception in October 1994. For those of you who are less familiar with the work of the Forum, let me outline what it set out to do and where, in my view much of its value lies.

FORUM FOR PEACE AND RECONCILIATION

“Unfortunately, because of the breach of the basis on which it was set up, the Forum for Peace and Reconciliation has had to postpone its meetings since 9 February, although the venue continues to be used for private meetings and ongoing research. This deferral of meetings has meant that I have had to frame much of these remarks in the past tense, but I very much hope that we will soon see re-established a basis on which we can bring our work to completion. However, one of the real results of the Forum’s work is daily in evidence: the existence of important relationships which have been constructed across significant divides and the growth of confidence between members who have come to know each other better over the past year and a half.

Structure and work: “It might be useful at this point to recall the structure and work of the Forum from its inception in the wake of the IRA and loyalist ceasefires in 1994.

Building confidence: “The Forum has been about building confidence. That is needed more than ever now in this period leading to talks on 10 June. Confidence building is required at every level. The primary requirement is for the ceasefire to be restored. Anyone who has lived in or even visited Ireland in recent weeks must be struck by the depth of feeling amongst the wider public, North and South – they tasted the liberation of peace for 17 months and they are not going to let it go. There is a real sense of determination to rescue our peace, but also to achieve a lasting political settlement. Both North and South, there is a need to bring this force of public opinion to bear and to continue to include civil society, in all its diversity, in the peace process.

“That is the context in which the Forum for Peace and Reconciliation, which I have the honour to chair, was established in October 1994, having been foreshadowed in the Downing Street Declaration of December 1993. It was clear to the Irish Government, whose initiative it was, that once ceasefires were brought about and declared, there was going to be a need for a place where, on a systematic, regular basis, politicians, groups and individuals interested in furthering peace could meet and talk. It comprises twelve delegations and a total of 39 Members. I would like to tell you a little about what it has done so far and how it fits into the wider peace process. There is provision for observers and we are happy to have such from the European Parliament and the British-Irish Interparliamentary Body attending a number of our meetings. We have also had an observer who has articulated the perspective of loyalist prisoners and former prisoners.

“The Forum is serviced by a small, independent full-time Secretariat drawn from the Irish Civil Service but reporting to me. The Forum has met on Fridays in Dublin Castle, in public plenary sessions – we have had 41 plenary sessions – and in private Committee meetings also.

Forum’s terms of reference: “The Forum’s Terms of Reference call for it to consult on and examine ways in which lasting peace, stability and reconciliation can be established by agreement among all the people of Ireland and on the steps required to remove barriers of mistrust. Its purpose is to identify and clarify issues which could most contribute to creating a new era of trust and cooperation on the island. Participation in the Forum is entirely without prejudice to the position on constitutional issues held by any party, a provision specifically included as an encouragement to the unionist parties to accept the invitations extended to them to participate.

“Invitations were sent to the Ulster Unionist Party, the Democratic Unionist Party and the two loyalist parties, but none has so far felt in a position to accept. This is, of course, a major gap in the Forum’s membership and it is the poorer for that absence. The work and approach of the Forum have three main elements, which I would summarise as dialogue, outreach and output.

Dialogue: “Dialogue is at the heart of what the Forum is about. I must confess to being more than a little exasperated when I hear complaints to the effect that the Forum is merely a talking shop. Perhaps if we had more talking shops in Ireland this past 25 years we might have had less killing fields. Moreover, we have paid too much homage for too many years to silence as a means of addressing differences and problems.

“The truth is that at this critical time in the history of Ireland we desperately need to find ways of talking to each other and places where we can do so. The Forum, as, for long, the only place where politicians from North and South could gather collectively on a regular basis, has therefore played an important role as a venue for dialogue.

“The internal dialogue has involved the Forum in probing, ahead of any formal negotiations in other arenas, some of the key issues that have to be dealt with as part of the transition from conflict to political agreement, from the mere cessation of violence to true peace and reconciliation. These internal debates also gave the delegations an opportunity to develop their thinking in the new circumstances presented by the ceasefires, then in operation, often under the challenge, sometimes very strong challenge, of other delegations’ viewpoints. And it must be remembered that at the inaugural meeting of the Forum many of the members were meeting each other, in such a framework of dialogue, for the first time. Initially, there was a considerable nervousness on all sides, but over the months, while differences in political outlook remained and led, at times, to quite sharp exchanges, an atmosphere and a process of dialogue built up.

“In addition to the formal debates and meetings, we sought to ensure that there were plenty of opportunities for what our American cousins call networking. It became quite clear observing what took place over lunches, and cups of coffee, that some of the real business of the Forum was taking place away from the microphones!

Outreach: “The second area of activity of the Forum involves our outreach activity. In the climate of public optimism which had been created by the two ceasefires and with the Forum viewed at the time of its inception as one of their first fruits, it was clear that the body would quickly have to establish its credentials as an inclusive exercise, which related directly and tangibly to people and to issues on the ground, issues such as the economic peace dividend and its distribution, the concerns of victims of violence and the future handling of issues relating to prisoners and former prisoners.

“A series of high profile hearings was set in motion at an early stage to give effect to this approach. In addition, advertisements were widely placed, North and South, calling for public submissions. To date, almost 450 groups and individuals have responded to that call and sent us written submissions. It was decided that, in addition to the hearings, a cross-section of those who had sent in written submissions would be called on to make an oral presentation to the Forum. About 80 groups were involved in these public hearings and presentations.

“At this point, may I record with particular appreciation the presentation of the Meath Peace Group last year. The Group continues to make a very important contribution to the process of reconciliation and has been very creative in finding ways of involving the wider community in this process – a point which we might return to later.

“A particular aim of the outreach process has, of course, been to facilitate some engagement with unionism, given the absence of the larger Unionist parties from the Forum’s membership. While not fully compensating for the latter, some success has certainly been achieved by the process in this regard.

“The public hearings have involved groups such as the Youth Council of Northern Ireland, the CBI (NI), the Ulster Farmers Union and Ulster cooperative body, a number of the Northern Ireland tourism organisations, the Corrymeela Community, the Community Relations Council of Northern Ireland, and a number of groups from the community and voluntary sectors, the membership of all of which are drawn heavily from the unionist community in the broadest sense, as well as a former loyalist prisoner and a young Protestant man who lost his wife in the Shankill fish-shop bombing.

“In addition, the public submissions process drew a good response from many sectors of that community and oral presentations as follow-up to these submissions have been made by groups and individuals such as the Presbyterian Church, the Evangelical Contribution on Northern Ireland (ECONI), a member of the Ulster Unionist Council, who gave, in a personal capacity, a presentation on the unionist view of the way forward; Mr Roy Garland, a Lisburn-based member of the UUP also appearing in a personal capacity, and Mr Glen Barr. Moreover, as I mentioned, the Forum also has had the participation of an observer who, in frequent contributions, has articulated the perspective of Loyalist prisioners and former prisoners and has been in a position to keep his sponsor constituency accurately informed on the Forum’s work. These developments, taken in their totality, and together with the contributions, as members, of the Alliance Party and the late Senator Gordon Wilson, with their understanding of attitudes and thinking within the broader Unionist community, have meant that there has been a worthwhile measure of encounter with non-nationalist perspectives, including those of unionism and loyalism.

“This may also be the place to say that, by reference to the differing views constantly expressed, the Forum’s delegations are very far from constituting a monolithic pan-nationalist front. But it is also important to stress that, in its outreach process, the Forum also gave the opportunity to those in the nationalist community who had lacked a platform on which to give public expression, directly to the politicians, of their concerns, anxieties, grievances and priorities, to do so. Thus, we heard moving testimonies from victims of state and loyalist violence, presentations from representatives of Republican prisoners, spokespersons for local economic development groups, and so on.

Output: “I used the word output to describe our third broad area of activity. This has the primary objective of producing a series of new published material from professionals acknowledged as experts in their field which could act as authoritative points of reference on the subjects covered, firstly to help nourish dialogue within the Forum itself, and, secondly, when political negotiations commence in other arenas. Our hope was that by adding to the store of expert information and research in these important areas, they would represent an important future contribution from the Forum to the overall peace process.

“I advertised to you earlier our most recent publication in that series, Building Trust in Ireland. We have also published a study by KPMG consultants on The Social and Economic Consequences of Peace and Economic Reconstruction. This is a major examination by a group of economic experts, North and South, of the implications of peace in economic and social terms. Further expert studies are all but completed on a longer-term perspective of an island economy in Ireland, and human rights protection, at the level of both the individual and the group. These, we hope, will be published over the coming months.

Paths to a Political Settlement: “I would like to inform you also about the Paper that the Forum released on 2 February last, entitled Paths to a Political Settlement in Ireland: Realities, Principles and Requirements. This Paper is probably the most important political document produced by the Forum and I have brought along some copies for you. Its production was the culmination of an intensive series of debates and exchanges inside the Forum. One of the first issues the Forum looked at following its inception in October 1994 was the concept of a common understanding of the problems we face, and of the principles which might underlie their resolution, as intermediary steps along the path to an overall settlement. Each Forum party presented policy statements on the idea and debated and examined them in detail in the Forum. To explore the extent to which, arising from these statements and debates, common ground existed between the various party positions, a Drafting Committee of the Forum, comprising two senior representatives from each of the 12 Forum delegations, and chaired by myself, was established. The Committee began its work last May and the result of that work is the Paper I mentioned. The Paper sets out a list of (a) key Realities which require to be addressed if a lasting political settlement is to be achieved in Ireland, and (b) the Principles and Requirements which should characterise such a settlement.

“A word firstly about the status of the Paper. While the parties were committed to securing, ideally, a document agreed in every detail, the primary objective was the exploring of positions and options and the gaining of a deeper understanding by the parties of each other’s approaches on the central realities and principles. I always recognised fully that when it came to core issues there was every likelihood that, within the context of the Forum’s consultative remit, establishing a single, common position would be problematic and that every party had the right ultimately to insist that these were more properly matters for decision in formal all-party talks.

“In the event, this eventuality came to pass. While overall there was full agreement in the Committee on the text as it stands in respect of all the Realities and most of the Principles and Requirements, two parties, Sinn Fein and the Green Party, for quite different reasons, were of the view that in respect of one issue – how agreement and consent of the people to the outcome of all-party talks are to be measured – final decisions on its resolution were more properly a matter for formal talks and that they were unable to accept the text as it stands on that issue. On all other issues agreement was reached on a common approach.

“It may be felt that in view of the announcements by the IRA on the end of the ceasefire and subsequently, there is a question-mark over the value or significance of the Sinn Fein endorsement of the great bulk of the document.

“Only time will tell the true story here, but I really believe that the work of the Drafting Committee was a very valuable out-working of the Forum’s mandate to clarify and explore issues at the heart of the problem. Much common ground was established between the parties on crucial issues and a deeper understanding was achieved of the issues in respect of which differences remain. It was a challenging and deeply instructive, educational exercise, whose legacy, I believe, will endure. Those many men and women who have represented Sinn Fein at the Forum are not going to disappear from the scene or lose all influence, and thus the positions to which they agreed remain a very significant benchmark.

“Very briefly, could I highlight some of the main findings of the Paper:

  • There was a unanimous, explicit and solemn commitment by all parties to the principle of peaceful, democratic politics as the only means through which any goal can be pursued, including the establishment of a lasting, political settlement. You might consider this as being self-evident but its explicit endorsement all round is very important in the context of a society whose history has been characterised by resort – by all sides at various times – to violence or the threat of violence in the pursuit of political goals. It is a principle, of course, which runs through every other issue and if it were universally accepted it would represent a transformation of our overall situation in Ireland.
  • All issues, no matter how central, including even such issues as consent, would then become political issues for resolution inside the political process. Part of the reason why we have so much mutual suspicion and mistrust is that for too long all sides have feared that the other side will seek to impose its viewpoint by force of arms or the threat of arms. That is the value of the key principle of the Paper, which, as I say, was subscribed to by all the Forum parties; my earlier remarks deal with the questions raised by and following Canary Wharf.
  • Much of the work of the Drafting Committee centred on seeking to explore what each of the fundamental and related issues of self-determination and consent means in the Irish context. Time prevents me from exploring more fully today our findings in this thorny and complex area. The essential conclusion is that securing definitive agreement on how these principles are to be exercised will be a core task of all-party talks. It was in the are of measuring popular acceptance or endorsement of the agreed outcome of such talks that we ran into difficulty, but our paper contains what I believe is valuable material in terms of what constitutes the different elements of the debate. I would stress again, however, that these issues too are governed by the requirement, accepted by all, to pursue and resolve all objectives by exclusively peaceful, democratic means.

OBSTACLES IN THE SOUTH TO RECONCILIATION:

“Among the topics that the Forum has been looking at is the whole question of Obstacles in the South to Reconciliation. I am personlly strongly of the belief that it is not good enough for a body based in Dublin to devote itself exclusively to critiques of life in the North. It is important that at this watershed time we in the South should also examine how our attitudes, approaches and system of governance measure up to the requirements of diversity and generosity. It is clear that much of the development of our State since its foundation has taken place without reference to Northern Ireland, although I am hopeful that the recent divorce referendum will prove to have been a very crucial milestone on the journey towards the goal of creating greater room for diversity and space for minorities. In any case, it seemed to us that it was timely for the Forum to take a look at this whole area through the prism, as it were, of our new situation.

“The Forum publication Building Trust in Ireland draws together five papers prepared for us by experts on different aspects of the broad topic “Obstacles in the South to Reconciliation”. Among the papers are studies of the histories of minorities in the South since the foundation of the State, and of the role of the Roman Catholic Church in public policy there in the same period, and two very interesting papers by Northern academics, including Professor Brice Dickson who will discuss this theme in more detail later. I would like to commend the quality of the work and I am very hopeful that it will represent a valuable contribution to a better understanding of these issues.

“In the Downing Street Declaration, the Taoiseach made a commitment to:

“Examine with his colleagues any elements in the democratic life and organisation of the Irish State that can be represented to the Irish Government in the course of political dialogue as a real and substantial threat to the unionist way of life and ethos, or that can be represented as not being fully consistent with a modern, democratic, pluralist society.”

“At the outset of the Forum’s programme of work, we had two main objectives: First, to map out a series of debates, based on submissions from a wide range of people, North and South, and secondly, to identify certain core themes which would receive detailed attention from the Forum’s Sub-Committees. Obstacles in the South to Reconciliation was identified as one such theme. All 12 Forum delegations were represented on this Committee and had worked through a first draft of their Report examining aspects of life in the South. Regrettably, this work has been interrupted since the bombing at Canary Wharf on 9 February and the Committee has not met since that date. I hope that it will prove possible to finalise and publish this work.

“The Studies in our book were commissioned by this Committee. The actual Report of the Committee looks at key areas of Irish society – Education, Health, the Irish language, Constitution and other matters.

“During the Forum’s initial debates, several Forum members underlined the importance of changes in the south as a possible contribution to reconciliation. There was a measure of consensus that the general trend in the south towards a more inclusive, pluralist society was beneficial in itself and offered opportunities for reconciliation. Members of the Committee agreed that the Committee’s work should identify prevailing perceptions/misconceptions and identify areas where further change was required, with the overall aim of cultivating pluralism in the south.

“In my view, this work over the past year has had an inherent value in itself, offering a unique opportunity for the representatives of parties ranging from Alliance to Sinn Fein to undertake a cooperative, detailed analysis of our society and the various perceptions of it in Northern Ireland. It is important, both to identify aspects which might be improved, but also to illustrate that many things have changed for the better, and that in many respects a society has developed in the South which is more advanced and tolerant than is sometimes acknowledged. Sometimes, it is more difficult to overcome the perceived obstacles than the real ones. I hope that the Committee’s work to date and the publication of Building Trust will assist this process.

“In conclusion, I wish to thank you again for this opportunity to discuss the work of the Forum. Many of you here this evening are the ones who are finding ways of advancing peace and reconciliation in your day-to-day lives and have given inspiration and motivation to many of us in public life at times of difficulty. Your work, together with my experience as Chairperson of the Forum, strengthens my belief that we can find a lasting solution to the problems on this island and create a better future for us and our children.”

2. Professor Brice Dickson:  “ASKING THE RIGHT QUESTIONS ABOUT THE NORTH”

“I am very grateful for the invitation to speak at this meeting tonight. To my shame I have never been in Navan before. The Meath Peace Group is an excellent excuse for coming here; its work has been inspirational on many levels.

“I also wish to pay tribute to Judge McGuinness and to the Forum she heads. The work which has been carried out there has been very worthwhile – dialogue and outreach are surely the keys to long-term peace in the North. Martin Mansergh’s analogy with the Congress of Vienna is particularly apposite, since I believe the chairs used at that Congress are now housed at Mount Stewart in County Down, since Lord Castlereagh, of the Londonderry family, was the British Foreign Secretary at the time. I look forward to the day when the chairs used at the Forum are similarly prized.

Opsahl Commission: “The Forum’s work reminds me of the excellent community consultation exercise conducted by the Opsahl Commission in 1992, whose report, edited brilliantly by Andy Pollak, repays careful scrutiny. I believe only one person, of the 3, 000 or so who made submissions, complained that he had been misrepresented in that report.

“Having handed out the plaudits I now wish to say that I am not optimistic that the Forum itself will lead to a lasting settlement in Northern Ireland.

“This stems from the basic fact that Northern unionists simply do not want anything that smacks of moving one step down the road to Irish unity.

“Even if the South was the most just and most pluralistic society in the world, Northern unionists would still want to maintain a distance. They would say that they could preserve good relations without the need to institutionalise any closer links.

“The uncomfortable truth may be that the Obstacles Committee of the Forum has been asking the wrong question – rather than seeking to discover what the Southern obstacles to reconciliation may be, perhaps it should have been seeking ways in which to give Northern nationalists a clearer voice in the running of the North? The problem is to find some mechanisms in this regard which go further than those created by the Anglo-Irish Agreement of 1985 (to satisfy the nationalists) but which do not incur the wrath of the unionists (who think that the AIA itself is completely unacceptable – they will not even take part in the Anglo-Irish Inter-Parliamentary Body).

Irish dimension: “That Irish dimension in the North cannot be provided through changes to the judicial system there (the idea of a Southern judge sitting in the North is repellent to unionists), but it may be provided through harmonisation of the laws on relatively uncontroversial matters (mentioned in the Framework Document of February 1995). An organisation to which I belong, the Irish Association of Law Teachers, hopes to do further work on this topic in the near future. There is also scope for a lot more cooperation in the educational, sporting and cultural sectors.

What are the things most dear to the hearts of Northern unionists from a constitutional point of view?

First, the notion that the majority must rule (called the doctrine of Parliamentary sovereignty by constitutional lawyers). In this context nationalists could do well to look at models of voting in some companies – the law in that area permits minorities to be reasonably well protected by a variety of voting techniques.

Second, the idea that people should exercise freedoms, not rights: unionists are suspicious of the notion that the State should be held to account to discontented groups or aggrieved individuals; they believe people should be free to do whatever they want to do provided there is not actually a law against it.

Third, first-past-the-post elections: though unionists have come to live with PR in local and European elections, they still see majority voting as very important for Westminster elections.

Fourth, the monarchy: even though the monarchy is under attack at the moment in Great Britain, Northern unionists still see it as much preferable to a Presidency, even as beneficent a one as you have at the moment here in the South.

But whether or not unionists get to keep these four things, there are some matterswhich ought to be addressed in the North regardless. Certain things are desirable per se there, whether there is political progress or not:

1. An increase in local district council powers – at the moment councils deal mainly with the infamous “Three B’s” – bins, bogs and burials. One could add a fourth – bulbs, for they deal also with street-lighting! Some councils do now share power in the North and the time may therefore be right to return to councils many of their former powers, e.g. over education, housing, health and social services.

2. There is room for a Bill of Rights for Northern Ireland – even unionists admit that much provided the rights are not unlimited and not inconsistent with State’s duty to counter the use of violence for political ends. It should guarantee protection to social and economic rights as well as to civil and political rights; it does not need to be “entrenched” (I regard the so-called problem of entrenchment as a red herring) and the European Convention is a useful model to follow in the first instance but not in the longer term.

3. Finally, improvements to the policing system are urgently required. The Police Authority for Northern Ireland recently published the results of its community consultation exercise – although in my view the analysis it contains is weak, the information gleaned can surely form the basis for future reforms. Confidence-building measures are required on the policing and security fronts (especially as regards the right to march), while all the time adhering to international standards.

Right questions: “In conclusion, we need to focus on the right questions when discussing Northern Ireland. We must be realistic and imaginative. If it is necessary to institutionalise differences between communities in order to preserve the peace, so be it. Peoples within borders and across borders can be reconciled in their personal and private lives. The voluntary sector can be as vibrant as it likes. But if public reconciliation is to occur it must be the politicians who undertake the task – we therefore need to educate the politicians in the merits of reconciliation and co-operation, something which the Forum is indeed doing. Politicians are the people, like it or not, who wield power. The rest of us must try to influence them, otherwise we will be accused of whistling in the wind.”

Chair: John Clancy thanked the speakers and opened the question and answer session which ranged over a wide variety of issues, including the breakdown of the IRA ceasefire, the work of the Forum, the role of education, the findings of the Obstacles Committee. [Editor’s note: questions not recorded]

CLOSING WORDS

On behalf of the Meath Peace Group, Julitta Clancy thanked the speakers for coming to Navan to share their experiences and views on the subject “Building Trust in Ireland”. She also thanked the young people and their teachers who came to meet Judge McGuinness before the talk. These young people were from schools in Navan, Trim, Ashbourne and Kilcock and other areas who organised and took part in peace rallies etc. in February and March; some of the students had also taken part in a “Northern Studies” programme in St Joseph’s Secondary School, Navan earlier in the year.

This was the 21st talk since September 1993. The aim of the talks is to promote understanding and involve ordinary people in the peace process. “We believe that ordinary people, both North and South, have a major role and responsibility to play in bringing about the conditions for a lasting peace on this island”.

The Meath Peace Group had originally come together in April 1993, she said, with feelings of hopelessness, powerlessness and sheer frustration in the face of the continuing violence at that time. “We did not know what we could do, but we felt we had to do something. A whole generation had grown up in the period of violence and instability, and we felt there must be something we could do to help make sure that the legacies of bitterness and hatred were not passed on to future generations. We quite quickly learned that we knew very little about N. Ireland. Like most people in the South at that time we had lost contact with people in N. Ireland – most of us had never travelled North for over 25 years!

“So we set about trying to find ways to improve our knowledge and understanding and encourage others to do the same, to make friends and develop relationships of trust. We found this was not as difficult as we thought. Everywhere there were people willing to talk to us, to tell us their stories. We soon found out that the extreme images we knew from the media were not a true reflection of the people of Northern Ireland; everywhere we came across so many people of courage and determination, many of whom who had suffered greatly, who down through the long years, had kept alive the hopes of a new and peaceful future and had paved the way for the ceasefires to come about…

“In the last 3 years we have brought a wide variety of speakers to Co. Meath. Some have also visited local secondary schools. We have seen a great willingness on the part of local people to listen and engage in dialogue. We would like to see this continued and carried on in other areas throughout the country. There is a groundswell for peace that cannot be ignored – this was evident in the last few months. Young people particularly are demanding a new way forward. That desire and demand for peace must be built on and the work must go on in all levels and all areas of society. It is a long-term commitment. The politicians and governments must continue to do their part, which is by no means easy. But we also have a role, not only through developing contacts and friendships, through our clubs, associations and community groups, but also through active involvement in promoting understanding, and working to break down the barriers of mistrust and misconception.

“Violence and division have marked this island for generations. Each generation has left unaddressed the legacies of hatred and bitterness, with the terrible consequences that we have seen in the recent period of conflict. The threat of violent conflict is again before us. We owe it to all those who suffered, and to our own young people, to do what we can to address those divisions and differences and help to find a new way forward.

“In no way are we trying to minimise the divisions and differences that are there, nor are we trying to brush over the injustices and genuine grievances that must be addressed. But somehow or other we have to find ways to live together in harmony and justice on this island, to try and “reconcile the irreconcilable”, and the first basis of this must be awareness and acceptance of the equal rights and validity of identity and genuinely held beliefs of the other community. There must be genuine commitment to understanding: We must be prepared to listen, to open our hearts and minds, to be prepared to hear things we may not like, to seek new ways of going forward.

“There is nothing in this that should threaten us. We are not being asked to reject the past, to forget the sufferings and sacrifices of the past; rather, we are being asked to throw aside the domination of the past, to pass on something positive to our young people, to enable them to forge a new future for the peoples of this island, a future where all can feel comfortable, and all can have an opportunity to develop. We are being asked to show true citizenship and maturity – surely we are ready for that, surely the suffering of so many makes it an absolute imperative?

Resumption of IRA violence: “Our last talk was on January 29th. Since then we had the breakdown in the IRA ceasefire. Rallies throughout the county. Youth rallies. The IRA threat cannot be ignored – we have seen the terrible consequences of paramilitary violence – but we cannot be intimidated by it either. Isobel Hyland’s moving exhibition show us the human costs of the violence since 1966. It also shows the futility of violence. The peace process must be built on fair and just principles – violence can play no part in this. So we appeal to all concerned to do what they can to restore the ceasefire and allow the work of peace and justice to progress.

Building Trust. “How can we work to build this trust which is so essential? The Forum has worked very hard since its inception – taking submissions, commissioning papers, identifying areas of grievance and obstacles to reconciliation. Their work is an obvious starting-point for groups who want to get involved. We ourselves have witnessed the great amount of work that has been done in the Forum, both by the politicians, but also by the Forum Secretariat and particularly Judge McGuinness herself, and we hope that its suspension will not be for too long more. We would hope that somehow or other the Forum proposed for N.I. would be similar and would not be destroyed by narrow political motives. Thank you.”

ENDS

Meath Peace Group report – May 1996. Compiled and edited by Julitta Clancy. Taped by Anne Nolan. (c)Meath Peace Group

Meath Peace Group contact names 1996: John and Julitta Clancy, Parsonstown, Batterstown, Co. Meath; Anne Nolan, Gernonstown, Slane, Co. Meath; Pauline Ryan, Navan

 

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1995
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1995 – No. 19: “Orange Marches in Portadown – The Garvaghy Road Residents’ Perspective” – report
Posted by Cian in Public Talk Full Reports

13th November, 1995

St. Columban’s College, Dalgan Park, Navan

Speakers:

Breandan MacCionnaith (Chair, Garvaghy Road Residents’ Group)

Evelyn White (Member, Garvaghy Road Residents’ Group)

Eamon Stack, SJ (Jesuit Community, Portadown)

Joe Duffy (Member, Garvaghy Road Residents Group)

 Chaired by John Clancy (Meath Peace Group)

 

Contents:

Introduction

Addresses of speakers

Summing up

Questions and comments

 

INTRODUCTION

On behalf of the Meath Peace Group, John Clancy welcomed the speakers and audience and mentioned that the previous talk, on the subject of the Orange Order (held on 16th October), had looked not only at the history and traditions of the Order which is 200 years old this year, but had also discussed the meaning of the Order in today’s context.  The talk was given by three members of the Orange Order speaking in an individual capacity, and they were accompanied by Dominic Bryan, researcher and co-author of Loyalist Parades in Portadown. Both Dominic Bryan and Roy Garland (a member of the Unionist Party) were among the audience for tonight’s talk and the Meath Peace Group were delighted to welcome them both.

He continued:  “At the last meeting it was said that there were 3000 marches in Northern Ireland in any one year. There are actually 2, 700, and of those, 2, 400 are loyalist marches.  Tonight we welcome the Garvaghy Road Residents Group which is a coalition of a number of groups drawn from that area of Portadown. The particular speakers tonight are those that objected to the marches by the Orange Order through their area commencing on 9th July of this year. We’re delighted that they have come to share with us their thoughts, their feelings and their fears, no doubt, of the implications and impact of these marches through their area.  The history of marches in this area, as documented by Dominic Bryan, goes back a long time.  It should be noted that in the last century, for 12 years between 1830 and 1842 the Orange Order was actually outlawed, and between 1850 and 1882 or thereabouts the Orange Order was also outlawed – there weren’t parades.  There’s a long history and there’s this apparent or perceived territoriality that people perceive the Orange Order have when they march in their areas. It’s real to them and that’s what we must all realise, it is very real.  So in that context I’d like to introduce you to Brendan McKenna from the Parkside Residents Group, Evelyn White from the Churchill Tenants Association, and Rev. Eamon Stack, SJ, from the Drumcree Faith and Justice Group.”

 

1. Breandan MacCionnaith:                                        Background and explanation of issues

“Thank you very much for the invitation. Our group was originally set up on May 10th following an open meeting held in the Community Centre in the Garvaghy Road area….”

“Since 1795 a church service has been held at Drumcree Church of Ireland Church each July.  It’s recorded in Plowden’s History of Ireland that, following the first church service there to commemmorate the Battle of the Boyne, in July 1795 – a couple of months before the Orange Order was actually founded – two Catholics, minding their own business while digging in a field nearby, were murdered by those attending.  Since then, from a nationalist viewpoint, all those parades in Portadown have taken on a degree of sectarianism, a degree of provocation towards the nationalist community in the town.  There hasn’t been a decade in the last 200 years that has not had violence associated with Orange parades; people have been killed during them, people have been killed as a result of them.

Routes of marches: “Now as to the marches in question today: I have here a map of Portadown – the area shaded in green is obviously the nationalist areas, and you have here the route that the Orange marches used to take up to the mid-1980s when the Obins Street parade has been rerouted.  That march came down Carleton Street, through the town centre, down Woodhouse Street, along Obins Street (a mainly nationalist area, and the oldest nationalist area in the town) and out the Dungannon Road to Drumcree Church, and on the way home they take that route. The housing estates built there are new housing estates – Ballyoran, Garvaghy, Churchill Park, Woodside, The Beeches, The Poplars are all new housing estates – they’ve all only existed in the last 30 years.  That’s why, that’s one of the reasons the Orange Order claim that they’ve never met any resistance along that route before – there was never anybody there to object, maybe an odd cow or a horse.  Orange marches were banned at various times in the last 200 years from going through that area.  Following local protests in Obins Street in the 1980s, that route was taken away from the Orange Order.  The alternative route then given was from the Orange Hall out past St. Mark’s and along the Corcrain Road… As you can see that route takes them alongside the nationalist areas – actually at this side of the road there’s a “peace wall” – a 10-foot wall surmounted by a 12-foot wire chain link fence. It goes out and returns.

Issue in July 1995: “The whole issue this year has been the parades coming back down through Garvaghy Park or Garvaghy Road. Approximately 1200 nationalist families live in that area. The group we represent are mandated by the residents of that area to communicate our opposition to the marches on their behalf to the various authorities and to the Orange Order.  We wrote to the Orange Order – unfortunately, unlike yourselves, we have never met them and they have never even acknowledged our letters.  We contacted the Northern Ireland Office and have also had meetings with the RUC in an attempt to have the parade rerouted.  When we wrote to the RUC they told us that the whole issue can only be dealt with under the Public Order legislation. When it was pointed out that the Obins Street route had been completely banned they said “yes, it can be done by a ministerial ban by the Secretary of State.”

“However, when we asked the Secretary of State and the Northern Ireland Office where they stood on the issue, they told us it was an RUC decision. One passed the buck to the other.

“We then attempted to get in touch with other political parties. We’ve been in touch with the Tanaiste’s office, the Taoiseach’s office, most of the political parties down here. We’ve also contacted parties up in the north as well. We contacted Cardinal Daly and Archbishop Eames of the Church of Ireland asking them to intervene. Cardinal Daly, as you know, did publicly support our attempts to have the march rerouted. We received a letter from Archbishop Eames’ secretary saying the Archbishop would contact us in the near future, and in November we’re still waiting a fuller response from Archbishop Eames.

Our last meeting with the RUC was held on the Friday morning before the march, and the RUC told us that they were not prepared to make any definite decisions regarding the march.  In the meantime we had filed notice with the RUC the previous Sunday that we would be organising our own protest on the Sunday morning before the …Orange march and that we would hope to be able to be in a position to organise a protest march of approximately 100 people to go from the Garvaghy Road into the centre of the town up to Carleton Street

to deliver a letter appealing to the Orange Order to refrain from coming home along the Garvaghy Road. On Sunday morning the RUC stopped us here [indicates position on map] – we couldn’t get any further. We then moved back up the road and stayed in position on both sides of the road – we didn’t actually block the road at any stage.  At approximately 12.30 there was on site an Assistant Chief Constable plus one of his aides, the Divisional Commander and the sub-Divisional Commander of the RUC, and during that whole time talks were going on between us, and our people were not blocking the road but had lined both sides of the road.

“The RUC then started to pull their landrovers closer. I went to the Assistant Chief Constable and asked what was going on. He said: “tell your people not to worry, we’re just pulling these landrovers down a wee bit closer. You get your people together and tell them not to worry.”  I went back and got our people together in the middle of the road and said – “don’t worry, they’re only coming down 10 or so yards, away you go back to the sides of the footpath again.”  I went back up to the RUC. The RUC said, “you have blocked the road”. I said, “you asked me to give those people a message”. They said “you blocked the road”. I said “well, there you have it. The road is blocked.”

Stand-off:  “From then on a stand-off situation developed – ourselves positioned here [map] and the Orangemen, when they came out of the service, positioned along here [map]. That developed on and Evelyn has an account of what it felt like for those couple of days in Portadown. Suffice to state that there were many Orangemen assembled here [map], Orangemen were assembled here [map], here [map] and all along here [map]. The supposed “Siege of Drumcree” was not the siege of Drumcree – it was the Siege of Nationalist Portadown.  Our entire community was surrounded and held to ransom for a period of almost 48 hours. The loyalists had complete freedom of movement, people trying to get in and out of my area had severe problems.

“On Sunday evening a certain reverend gentleman arrived at Drumcree and helped to stir the crowd up a bit more; the same thing happened again on Monday night. These houses here [map] were attacked, houses around here [map] were attacked, the chapel, the school and the graveyard were attacked.  People living in Craigwell Avenue and into Obins Street were informed by a senior RUC officer that the RUC could not guarantee protection for them or their families, and he advised them to evacuate their homes.

A loyalist mob, approximately 1000 strong, was at one time allowed through a line of police landrovers positioned in Woodhouse Street, and they entered the corner of Obins Street and Park Road at 3 o’clock on Monday night/Tuesday morning. In the meantime we had issued a public statement on the Monday afternoon – as far as we were concerned the march had been rerouted that Sunday.  There was still the issue of the 12th march to be considered.  It too goes along the Garvaghy Road – we issued a public statement asking for a meeting with the RUC and the Orange Order to be held in Portadown Town Hall.  The RUC were going to come, but the Orange Order were not.

Mediation and compromise: “At that stage, the Mediation Network were brought in. Now the Mediation Network had been invited to Portadown by us on that Sunday, and indeed we had been talking with them for a couple of weeks beforehand.  Because the Orange Order wouldn’t talk to us directly we made use of the mediators as go-betweens. “Eventually on Tuesday morning a compromise agreement was reached – I realise the circumstances of that agreement will not be remembered.  These areas were completely surrounded [map] – you’re talking about 20, 000 Orangemen, you’re talking loyalist paramilitaries in that town, including what would be called a couple of loose cannons.  Against that background we came to a compromise with the Orange Order for that day, and that day alone, in an attempt to diffuse what was fast becoming a very volatile and explosive situation.  God knows what would have happened if it had continued on to the 11th July night.

“The agreement was, and I don’t have the exact wording – the agreement was somewhere along the lines that the RUC would make the necessary operational changes and moves necessary to facilitate this, that the Orange Order would come down the Garvaghy Road in a completely silent parade, our protest would move to both sides of the footpath as it approached, and in return there would be no march down the Garvaghy Road on the 12th July.  As you are probably aware, Mr Paisley and Mr Trimble – they didn’t march the Garvaghy Road by the way, only local Orangemen marched the Garvaghy Road – when they reached Castle Street they were questioned by the media about the compromise, about the agreement.  They denied that any agreement or compromise had been reached. The District Master of the Orange Order denied that any compromise had been reached and we were left in the position then, on the 11th night, not knowing whether or not to expect another march on the Garvaghy Road on the 12th.  as it so happened, the Orangemen did stick to their agreement although they publicly denied it.

Lobbying and meetings:  “Since July we have been continuing our lobbying of the political parties. We’ve been again in touch with the N.I.O., with the RUC, and with the parties, north and south.  We have a meeting arranged shortly with the leadership of the Alliance Party next week.  As yet we haven’t had any contact with the Orange Order.  After July we asked for contact with the Orange Order – again we didn’t receive any acknowledgment.  A few weeks ago we started working with the Mediation Network – they are hopeful they can facilitate a meeting between ourselves and the Orange Order.  Whether it comes off or not is a different thing – we have always said from day one in May that we would be willing to meet them. I hope that they do come and hear our views.

“So basically that’s the background to Portadown in July – a couple of very long days I can assure you. So Evelyn is going to give you a summary, from a resident’s viewpoint, of what it was like to actually live on the Garvaghy Road for those couple of days.”

 

2. Evelyn White:

“Thanks for inviting us.  I would like to explain that I am not used to public speaking, but at least I received at first hand the views of the ordinary residents of the Garvaghy Road, and not that of a politician trying to make political capital out of a sorry situation.

Tensions:  “In Portadown unionists outnumber nationalists by roughly a 4:1 majority, with the nationalist community living in  one small corner of the town consisting mainly of the Garvaghy Road and Obin’s Street. Each July the whole town, especially the town centre, becomes saturated with red, white and blue bunting, Union Jacks and images of King Billy. The sense of tension is very high during this period.  Many weekly shopping trips to the town centre are abruptly ended as the news spreads of yet another loyalist band parade and panic sets in until you reach the safe haven of home.

“On many occasions nationalists have received extremely vicious attacks for being in the town centre at the wrong time; some have been left physically or mentally damaged; some have lost their lives. Many teenagers are afraid to go shopping in the evenings after school, afraid their religion might be recognized through their school uniforms.

“I am not suggesting that all nationalists are good and all unionists bad, but the reality is that for every “nationalist bully boy”, the chances are that there are four “unionist bully boys” to match him.

Those reasons may explain why Portadown nationalists feel relatively safe in the nationalist corner of the town, and they may explain why we generally prefer to socialise in the area with people who know and accept us.  After the paramilitary ceasefires, people began to have new hope.  We thought that maybe if we tried to talk to the Orange Order and explain our fears and apprehensions, maybe they would decide against marching through our safe haven on the July Sunday.  So a letter was sent to the Orange Order requesting a meeting between them and representatives of our own community on the Garvaghy Road.

“No reply was received – more letters were sent, they weren’t even acknowledged. Other letters were sent to anyone we thought might have the slightest interest in our plight.

Protest: “Why you may ask do the people of Garvaghy Road have a problem with a church parade, marching through the area?  For years this march has taken total control of the Garvaghy Road. Sober staunch faces at their ease, make their way along the road, the only time in the year they use the road.  The local residents are hemmed in like animals unable to go about their normal business. Police jeeps are used to create barricades ensuring the virtual imprisonment of the locals….. you can’t get out, you’re just hemmed in.

Throughout a series of public meetings it was decided that we would have a peaceful sit down protest on the morning of the march.  The support from Cardinal Daly gave many people the confidence to join in the peaceful protest.  As we sat on the road we were tense and nervous, but as more people joined us a new confidence and unity spread among the people.  The atmosphere relaxed, some people started singing and playing music.  Hours passed. We then realised that we might have succeeded. People couldn’t believe it – not that the Green had won over the Orange, but that someone had paid attention to the Portadown nationalists.  With a sense that justice had been done, we went quickly home and enjoyed a peaceful sunny Sunday.

Stand-off:  “As news filtered through of the Orangemen remaining at Drumcree determined to get down the Garvaghy Road, we did not really concern ourselves; after all the police had made their decision and we were no longer involved. Leave it to the police, somebody thought.  By Monday evening everything had changed – David Trimble accused the people of the Garvaghy Road of bringing people in from other areas – this is one of Mr Trimble’s many lies.  It was Mr Trimble who gave the war cry; it was Mr Trimble who was responsible for the loyalist mobs who besieged the surrounding area of the Garvaghy Road. It was Ian Paisley’s poisonous speech that seized the 15,000 strong mob to make a frenzied attack on the police in an attempt to reach the Garvaghy Road nationalists.  A well-known loyalist paramilitary leader was there. Many homes were attacked as, at one stage, the police lost control.

“During this period, the people of Garvaghy Road were in a turmoil of  fear. Children running crying to their mothers. Although they could not fully understand the situation the blind panic among the adults filtered through to them. People wandered about helpless, just waiting to be attacked at any time.

“At around midnight rumours of the police backing down to the loyalist mobs spread.  The people were horrified. What would we do?  We were totally defenceless. Pandemonium broke out.  The only option we had was to do what we had done the previous Sunday, sit down on the road and stay there. Sitting on the road in the darkness of night in fear for our jobs, in fear for our lives, we huddled tightly together. At about 3 in the morning we could see, coming from the top of the hill, the police jeeps creeping slowly towards us. With the headlights on full beam we were nearly blinded.   When the jeeps stopped, the back doors sprung open and out jumped numerous black figures, almost clones of “robocop”  – it was the police in their riot gear.

“Just in time a television crew appeared and they started recording. God knows what would have happened if the camera wasn’t rolling.

“Throughout the remainder of the night we carried on with our peaceful protest. Never before have I seen the nationalists of Portadown so united.

Compromise: “At about 11 o’clock on the Tuesday morning the people of the Garvaghy Road were asked through mediators to let the march down the Garvaghy Road. In return there would be no loyalist bands or banners marching with them.  The people would not be hemmed but could make a protest.  More importantly we were told that would be the last Orange march down the Garvaghy Road.

“So eventually, in an eerie silence, the Orangemen made their way down the Garvaghy Road. The only sound was the plastic cup accidentally treaded on by a solemn faced Orange man. Let’s hope the police hold to their promise and that next year we can go about our normal everyday business, and let the Orangemen march where people want to see them. ”

 

3. Eamon Stack, SJ:

“Again I’d like to thank the Meath Peace Group for inviting us along to listen to the nationalist perspective, the nationalist experience of Orange marches.  Looking at the tape of all the TV coverage of what went on over those days – maybe many of you watched, but you may not have noticed…that 90% of the coverage was of the Orange Order; 90% of the coverage is of Mr. Trimble and Mr. Paisley, and all that is going on on that side. Only about 10% is airing our viewpoint, and probably the most significant thing is because there are no big political leaders among us, we have no big organisations, and we’re a small minority in a town which is 70-75% Protestant.  So I think the evidence is there – we’re not listened to and we’re very grateful that you might listen. I’d like to look at the “Orange perception of the nationalist experience” – the “unionist deception of their people about the nationalist position”, and then the loyalist misconception of what this is all about. They’re major issues that come up in the summer conflict. Finally I’d like to look at the Church position on it and ask questions about what is the involvement …

Orange perception of nationalist experience:”The Orange side, the unionist/loyalist side keep telling the public what our situation is – they explain to the public what it’s like for a nationalist in Portadown and they say “there’s no reason why they can’t put up with a march that lasts seven minutes”. I just had a brief read there of something that the Orangemen said to you and it was the same thing – that “there are no nationalist houses on the Garvaghy Road, really they’re off it”, and that “the march doesn’t last very long and we don’t see what the problem is.”  So we’re glad that you’ll listen to us tonight as we tell you what it’s like from our side.

“So just look at the Orange perception first of all. They keep repeating that this is only a march that goes through the nationalist area for 15 minutes – 7 minutes to go down the road, and why can’t the nationalists allow that?  Nationalists in Portadown live in one corner, as explained earlier. Parades go on in Portadown for two if not three months – every Saturday morning I’m woken up to the sound of Orange bands banging their drums in town because we can hear everything, it’s not a big town, we can hear everything from where we are.  Everyone will tell you in Portadown it is a terror to go, if you’re going shopping at the weekends or even sometimes during the week, because you’re stopped at a parade and there’s absolutely nothing you can do.

“Over the streets in Portadown there are 6 arches representing “No Surrender”, “Victory” and statues of King Billy, and while they’re going up everyone has to wait and put up with them and the place is covered in flags.

Tensions: “The nationalists have to put up with all of that, week in week out for most of 3 months, and then comes the build up to the parade; the tensions build up in the town because everybody knows the Orangemen are going to be back through the nationalist area and they’re going to provoke trouble.  The Orange will say it’s no problem, like the leader of the Grand Lodge of Ireland said on television that for the past few years there’s been absolutely no trouble in Portadown.  And I heard a leading clergyman in the town, a Church of Ireland rector, saying there’s been no trouble in Portadown for the last few years so why this year is there a problem?

Rioting: “Last year there were 5 hours of rioting in our area and I was out on the streets trying to get some of the property from our community centre off the rioters and I had a petrol bomb thrown at me last year.  And for the Orange Order to say that there’s never been any problem in our area – it’s just not true – it’s a wrong perception of how we experience it.  So if there is no protest organised by the people of our area to this march, if there’s no political protest, then there would be violence, and one of our big successes this year was that we stopped the violence for the first time; we worked with all the community leaders and with all the various organisations.  We said to the people “we’ll organise a peaceful protest if you don’t have violence”, … and probably the moment of most joy for me this year was at 5 o’clock on Saturday morning to see the first police car drive down the Garvaghy Road, and it was spotlessly clean and there wasn’t a person on the road. They said to us that the police cars went back to the barracks and there was silence in the police barracks, they were so shocked at what happened – that there was no violence from the nationalists on Friday night and Saturday night.

Stand-off: “Then on Sunday we held our protest and there was the “stand-off”, and that went on [through] Monday and Tuesday and I want to say that during all that time the nationalist community were committed to a peaceful protest and even though they were provoked to the extreme, they kept the peace all during that. I think that was the most extraordinary part of the experience and that was basically ignored by the press, because the press don’t publicise the absence of a riot, they want a riot.  So our experience is very different and the Orange Order don’t see any of that and ignore it and that’s what we want to tell them about.

“Unionist deception“: “As far as I’m concerned Mr Trimble lied to the press over and over again during that parade and he used that parade as a means to gain his own political advantage.  He said to the press over and over again that there were … IRA men behind this and they’re down there on the Garvaghy Road, and he told his people they were dealing with a “sinister political force”, that paramilitaries were involved.  That was a blatant lie.  He said on television that the police had told him that the IRA were down there, and we checked on that afterwards and … the police never told him and yet he went on television to say that.  And that created great resentment against us who are a community group, a coalition of residents’ associations, as well as having representatives of the political parties; and the Drumcree Faith and Justice Group was absolutely and totally committed to peaceful means and wouldn’t be involved if it wasn’t guaranteed peaceful.

Allegations :”They were saying to us that we were IRA men over and over again, and I went on television and I put my own credibility on the line, and I said “that’s not true – as a priest and as a human person that’s a lie” and I’ll stand over it.  But he [Mr Trimble] continued to say that and he said it at the mass rally in front of 15, 000 people. They said this was part of a Sinn Fein plot – it may coincide with a tactic that Sinn Fein are using in some areas, they’re having some rallies and so on, reminders of the rallies that happened in the ’60s – but this is not a Sinn Fein operation. Anyone looking at the people in the coalition would see this – there are Sinn Fein people there, but a lot of the residents are Sinn Fein so they have to be represented as well in the group, but there are representatives from all sorts of bodies on it and it’s just a lie to say that this is a Sinn Fein or paramilitary protest. I just find that personally very insulting.

“Last stand of Unionism“: “There is also the deception of saying to the people of Portadown that this is the “last stand of unionism”, that if this falls, everything is lost.  Well it’s just not true that the whole unionist organisation depends on marching through the nationalist area. It’s just a deception, and rather than leading the people, to say “in politics you have to give and take, and here’s an area where we have to give.”  So I feel that the Unionist leadership have deceived their people about what’s happening on the Garvaghy Road and that’s a source of a lot of the conflict. Also, there are a lot of loyalists in Portadown, paramilitaries and their supporters, and they’re being led to believe that this thing really is the last stand.

“Ian Paisley is probably the most dangerous figure in this respect because he actually believes that what was happening in Drumcree, as he said himself, “is the darkest day since the Reformation”, and he’s leading, he’s stirring up loyalist feeling there that all is lost if they give in on this one.  That has to be challenged straight on – the Reformation does not depend on a march going down through our area. It just cannot be true and I think it has to be stated by other church people that is the situation.

Inability to take any more “These people believe … that maybe it’s possible for the nationalists just to sit down and stay in their houses and allow the march to go through and that’ll save all of us an awful lot of problems. And maybe it would be true to say in the Republic that some people would hold that view as well; that basically the problem would just go away – if the nationalists would just allow this march to go through that would solve the problem. But I suggest that that’s avoiding the problem that’s there. For one thing, the nationalist community have had to take an awful lot already – the nationalist community have to take a lot of the Orange unionist and loyalist tradition in Portadown every single day of the year, and especially during May-August. My experience is that they just can’t take any more – that it’s just not possible for the nationalists just to stay quiet, that if there isn’t political protest, there’d be violence. Secondly, the Orange people are really pushing their rights to the limit in this area and it seems to me that the Orange and the unionists have done this right through the history of the Northern Ireland state. Maybe it is time, both politically and in terms of the Church, that we stood up to these people in this situation and say “this is too much to ask of a nationalist community.”  And I’d say to them “what you’re doing is actually wrong and you’re creating great resentment in the nationalist community that is totally intolerable in a democratic state.”

“But we realise that their reaction to taking that position is going to be extreme, it’s going to be… rallies of 15, 000 – maybe 100,000 people. But are we willing to stand up to that? Are we willing to say to Mr Trimble that “what you’re saying is not true, it’s lies. Sorry we can’t accept that.”? Are we willing to say to Mr Paisley “look, what you’re saying is totally off the wall – it’s not a scientific and theological interpretation of what our faith is about; it’s not acceptable; it’s a very minority extreme view and we can’t allow that to rule in Northern Ireland or rule in Portadown.” I think we have to have the courage to say that and maybe I’ll leave it at that and you can ask questions and we can discuss it further. Thanks very much.”

 

SUMMING UP:

Chair, John Clancy thanked the speakers and reminded the audience what Dominic Bryan had said in concluding his submission at the last talk (on the Orange Order). He had asked 3 questions:

“1) Do we want, yet again, to enhance the ghettoes of Belfast by reinforcing boundaries?  Because when we stop people parading in certain areas that is what we’re going to do. At the end of the day, nationalists have suffered more in that sort of situation than have unionists.

2) Are those claiming the right to march prepared to publicly support the rights of all to express their opinions in a public space, no matter how unpalatable those views?  These truly are a test for civil and religious liberties.

3) Are those marching prepared to show respect for others’ rights by limiting inconveniences to the fewest possible occasions and by showing the utmost respect for neighbouring communities?  Whatever the outcome of the Peace Process, it seems absolutely necessary that people’s identities should be respected and where are the deeds on all sides to show that these identities will be respected?”

John Clancy continued: “I think this is very appropriate in terms of what we have heard here this evening, and while you’re thinking of your questions I’ll just go on a little further. …Dominic Bryan in his book quotes from a report in the Belfast Newletter in 1892 complaining about the disgraceful conduct of the police against Protestants on the 12th July – “At 10 o’clock a cordon of infuriated policemen was drawn up across the mouth of the Tunnel to charge a lot of innocent factory girls who were marching down the street at the time.  The police are, at the time of writing, much excited.”  I think that… when Brendan was talking about the issue of trying to find out who’s responsible for controlling these marches, and there was sort of “shuttle-cocking” between the N.I.O. and the RUC, it seems that in some ways the police are used, in the end, as some very crude weapon of benign neglect, and not facing up to the issues of the marches and the impact on people, and vice versa.

 

QUESTIONS AND COMMENTS (Summary only):

 Q.1. Noel Weatherhead [Tullamore resident]:  Stewarding of marches [Mentioned that he had asked at the last talk whether the Orange Order controlled their own marches, especially the fringe elements.] “Now I have seen many Orange parades and I have never seen an official steward at any of them. What is your experience – do they make an attempt to control the fringe elements?

Brendan replied that in a number of parades actual members of the Orange Order had broken ranks and that men, women and children had been assaulted in Obins Street in 1980/1981/1982 and there were no Orangemen charged. “On the Garvaghy Road they also broke ranks and another member of Eamon’s group [Drumcree Faith and Justice], Michael McCooe was actually standing videoing a parade a couple of years ago and they broke ranks and attacked him standing at the side of the road.  The police landrovers were there… but there was no effort made to stop them.”

Lurgan resident: “It was actually a loyalist band that broke ranks, not the Orangemen. It was loyalist bandsmen.”

Brendan: “They’re invited by the Orange Order…It could have been the band that attacked Michael but I know for a fact in Obins Street who it was. I can actually name the person who was carrying the tipstaff or whatever you call it.”

Questioner: “But there are two points they specifically made. Number 1, the bands are not part of the Orange Order. They are bands hired in for the day like anybody else can hire them in elsewhere, and 2, that the likes of Ian Paisley is not a member of the Orange Order. He has no right to wear the collarette or the sash or whatever it is.”

Brendan: “Well ok… Ian Paisley is not a member of the Orange Order. Why then did Ian Paisley negotiate on behalf of the Orange Order this year with the RUC?  Why was it that when the Mediation Network went into the meeting on our behalf they found Ian Paisley, Ian Paisley Jr., and David Trimble with the RUC?  Ian Paisley is either a member of the Orange Order or he has no say, but they can’t have it both ways. If he’s not a member why was he in there negotiating on their behalf?”

Questioner: “Well he may be their concept of a mediation service.”

Joe Duffy (Garvaghy Road Residents Group):  “Look you’re talking around the whole time and you’re getting back the implication, you’re saying that at the end of the day, if the Orange march was well-marshalled and well-stewarded then they should be allowed down the Garvaghy Road.”

Questioner: “Not necessarily.”

Joe Duffy: “But history, our history, and what has happened to us, and the way we’ve been [treated]… means we don’t want them under no circumstances… Our speakers have emphasised more this year, but this has been going on from the start and we’re not prepared to take it any more, as Eamon Stack said. We’ve had enough of them.”

Eamon: “Just one thing, on the stewarding of marches. This is a very complicating factor because the Orange Order cannot steward a march through our area, so instead it takes a minimum of 400 policemen and 100 landrovers to get them through safely, and if you know the nationalist areas up to now, the presence of the police alone is an intimidating factor.  But the presence of 500 of them when there’s only 1, 000 families living in the area is extremely intimidating and we can’t resolve that problem.  So not only do you have an Orange march but you’ve got an enormous police presence for the whole day just to facilitate that.”

Q.2. Rev. John Clarke (C. of I. Rector, Navan):  “I would like to thank all our speakers for the sharing of their view of what’s going on, and indeed it shows again the intensity of the entrenched positions on both sides.. I do think it is intolerable.  I would find it intolerable to live in a community whereby any section of the society was to take to the streets with that intensity. Three months must be quite unbearable… I can’t credit what it must be like. There is a woeful imbalance there… This issue that’s being addressed, the issue of the “right to march” – it just seems to be quite unbalanced, and surely there must be some group addressing the rights to take to the streets in that intensity… Surely there must be some way to deal with this as part of the peace process…Surely marches of this nature should be stopped from all sides and all angles as part of the overall peace package… it’s childish.”

Brendan: “I would like to mention a point I missed earlier… We would prefer if the Orangemen were to take the same road home again [from the church]… it only actually means passing about 50 nationalist homes and to us it’s the least contentious route of the lot…. What we’re objecting to is the marching through  the heart of the area…. Now you know our position, it’s been well-documented in the papers but you never came back to us on that.  It’s not that we’re trying to stop them going to the church, we weren’t trying to prevent them. What we were saying is “look, go to your church, have your service and go home the way you went to it.” We didn’t think it was too much to ask.”

Eamon: “It has been said to us by the Orange that this is an issue of religious freedom and it’s also an issue of “parity of esteem”… It’s good to try and find common language like that where we can talk in concrete terms about the issues, e.g. religious freedom.  We as well can affirm our belief in religious freedom but we don’t want to stop people going to a Church on Sunday and having their service.

“We value that as much as they do, but what’s going on here on the Garvaghy Road seems to be an extremely excessive demand on religious freedom – they want to march through a nationalist area to go to their service and come back again right through the heart of our area. That’s asking too much of religious freedom, and secondly, it’s imposing their religion on us unnecessarily.  If they do want to have demonstrations of their faith, there is an alternative route that is in fact slightly shorter than the other route and that is mostly along a unionist/loyalist area, a Protestant area.

“It seems to us a good thing to do that, but we have extreme problems with their whole use of that class of religious freedom because we know that the vast majority of the people who go to that church are not church-goers, that the clergymen there could not identify the people who were attending that church, because mostly it’s a political statement, and the church is secondary.

“Secondly, the issue of “parity of esteem”, and Dominic Bryan has spoken of that – it has to be accepted that it is extremely difficult for a nationalist on this island to understand the Orange tradition. It doesn’t mean that the Orange tradition doesn’t have meaning, it doesn’t mean that the Orange tradition doesn’t have value, but to ask us, in a nationalist community in Portadown, to actually understand what they’re at is asking an awful lot, because I don’t think even the British over on the other side of the water really understand what the Orange tradition is about in terms of British nationalism. …People ask me “what about you, you’re from the south, you don’t understand it?”

“I don’t understand it any more than any nationalist in the North, but I think it is a good thing for our group to meet with the Orange and to try to come to a deeper understanding of the issue. But it has to be said at the outset that you’re asking an awful lot of the nationalists to understand the meaning of this marching with the collarettes and the bands and the swords and flags.

“Thirdly, in terms of religious freedom, the behaviour of the Orange Order this year goes against their whole principles. Firstly, they didn’t take into account at all the feeling of their neighbour, meaning neighbour in Christian terms. They didn’t seem to take any interest in their neighbour. Secondly, they publicly defied the law and Ian Paisley in his speech said “look, we outnumber the police, so we can just build up our numbers and we’ll be able to walk over our own police”. That’s against fundamental Protestant understanding of N.I..

“Thirdly, as you saw on television, when they got to the end of the road after having their march, after us giving a lot of ground, they ignored the agreement and behaved in an extremely childish fashion, marching along the road with Ian Paisley and David Trimble holding hands.  They go against fundamental Christian principles of tolerance and acceptance of others independent of the actual march itself, and I think they have to be confronted with that.”

Evelyn: “The Orangemen can walk where they like in Portadown; the nationalists can’t walk, we must stay in our own place… we’re not allowed up the town; we must stay in our ghettoes and do what we have to do there. They can walk where they like, they own the town …  when our children go up the town they’re told it’s their town. It’s not our town.”

Q. 3 – John Keaveney [Teacher, Kilbride]:  Lobbying – “Did you make any effort to bring those issues to the Maryfield secretariat?”

Brendan: “No. We have been in contact with the Taoiseach’s office, and the office of the Tanaiste, before July and again since. I don’t know what will happen there at all… We have asked them to take this matter up on our behalf.”

Q. 4: [re Jesuits and Sinn Fein involvement] – “When the Orangemen were here last month, one of the remarks that was made was that they didn’t have any great problems with the ordinary Roman Catholic. … But there was this perception that there was some kind of Church plot, with the Jesuits involved and also that Sinn Fein was winding it up.”

Brendan: “We had a meeting with PACE [Protestant and Catholic Encounter] recently in Portadown Town Hall and obviously there were people there who didn’t agree with our viewpoint as well and what came out of that meeting was that those people had been told that Gerry Adams was on the Garvaghy Road, Martin McGuinness was on the Garvaghy Road, never mind the “200 armed IRA men” that David Trimble talked about.  .. I don’t know where they were, they must have been hiding in somebody’s house, but we certainly didn’t get them on to the road to help us.”

Eamon Stack: Re the Jesuits – “There is a videotape containing the speeches at Drumcree … and fairly early in his speech Mr Paisley launches in with “you know the Pope has sent a special agent into Portadown to you .. a Jesuit priest” and he goes on.  The difficulty is that the whole Jesuit idea is used as a symbol for a sinister force within the Roman Catholic Church – a force for the Anti-Christ to undermine the Protestant faith. It is unfortunate that there is a coincidence here between this myth about the Jesuits and the fact that I happen to be a Jesuit. There are 4 of us living in the area and we work as community workers.

“The difficulty is that if you’re going to work with people in community work, then you have to take the issues of the people, you have to deal with the concerns of the people, and to be authentic in your work you have to allow them to set the agenda for what is needed to be done.  Now I never wanted to get involved in this issue.  It’s been a most painful experience, it’s ugly, at times it’s ambiguous.

“I’ve never been as frightened in my life as at that march, but for the nationalist people of Portadown it’s an issue of their dignity at stake here which is the fundamental tenet of Christianity, that the dignity of every person is respected… We feel as a community that we cannot avoid this issue, we cannot play safe and deal with only sacramental issues, or deal with just youth clubs or something safe. Because it’s the major issue for the vast majority of the nationalist people of the area then we feel it’s our obligation to work with people on this and as a result it has led us into a very very difficult situation, but we stand with the people and I’m proud to do that.”

Q. 5 – Cllr. Joe Reilly (SF, Navan UDC): “I think the behaviour of Mr Trimble and Mr Paisley in Portadown exploded the myth… that the Orange marches were folksy, good-natured holiday days where everyone enjoyed themselves and that was an angle that was particularly pushed through the years by the Irish Times.

“I think that … Mr Trimble was elected on the back of his role in Portadown, and the third point I’ve got to make is that no group, nationalist or republican, has the right to march in any area where they are not wanted and that applies as much to republicans and nationalists as it does to the Orange Order.

“ You cannot impose your marching right on people in an area that do not wish to have you in that area, and I think if that right was accepted then you would take much of the emotionalism and the fear out of the marches because they are a fact of the 6 counties and have been throughout it’s history. I think there is a democratic right to march but not to impose your right to march in areas where you’re not wanted.”

Evelyn: “Well we wouldn’t go to Edgarstown or Redmanville to march because we know we wouldn’t be wanted. They know they are not wanted down the Garvaghy Road, yet they come down it.”

Joe Duffy: “We agree with what you’re saying. We’ve no problem with it.”

Q. 6 – [re incitement to violence]: “Eamon talked about the video – on that kind of evidence does anyone press charges that they’re inciting to violence?”

Brendan: “I think that’s a job for the RUC under the Incitement to Hatred legislation…. so far as I know there’s only been a couple of charges ever laid under the legislation…”

Q. – “The community can’t do anything?”

Brendan: “I wouldn’t know what the exact standing would be for us to take a civil action, but they are exploring legal actions at the minute regarding the whole issue of the parades.”

Q. 7 –  “What would be the percentage of Orangemen coming from other areas?”

Brendan: “The original parade on Sunday would be Portadown District. There would be people there from other districts now but they wouldn’t be in the majority. The majority of people at the original parade would have been Portadown men, but as it developed – well, there’s definitely not 20,000 Orangemen in Portadown….

“A few years ago, in the Obins Street area, when we were attempting to get the parades rerouted, what you did have was a major influx of loyalists taking part – the like of George Seawright etc. , a lot of main figures coming and probably hijacking the parades away from the Orange Order, and I would say Paisley probably hijacked the parade from the Orange Order this year.

Q. 8 – [Trim resident]: “Can we take it that in all areas where they march through Catholic areas that they’re terrorising Catholics in the North – that’s the impression. But when the parade is staged in Donegal there seems to be no trouble….  And the speeches over the last few years have honed down, they don’t seem to be so strong as they were … am I right?”

Brendan: “At Drumcree this year the speeches were honed up rather than down.”

Joe Duffy: “From my own experience in the ’80s in Obins Street, the Orangemen were mad fighting to get down Obins Street. There’s a particular instance where the RUC led 80-100 masked UDA men down Obins Street to the front of Parkside Flats where Brendan lives…. This is the background to what is happening in Portadown… That’s why we don’t want them – they can march all they want and do what they like in their own area but stay out of ours.”

Brendan: “Re the marches in Donegal etc. – the thing that you have to bear in mind is that the Orange Order is a very political institution in the 6 counties… it can make or break politicians. It made David Trimble, it certainly didn’t do Ian Paisley any harm either. Every P.M. in the North was a member of the Orange Order and a brave lot of their cabinet ministers too.  They didn’t have that influence in the 26 counties and down here they are not the political organisation that they are in the 6 counties.”

Q. 9 – [Re loyalist paramilitaries]

Brendan: “Most of their entire leadership appeared in Portadown during that 48-hour period.  You have to ask yourselves the reason why they were there.  One of the people leading the mobs that time was a well-known paramilitary figure… we didn’t have anybody, we had only ourselves. … What we witnessed in Portadown was a pan-Unionist front of the Orange Order, the DUP, the Official Unionists, the loyalist paramilitaries, acting together for one reason and one reason alone – to trample over the people of the Garvaghy Road. They didn’t care how they did it.  David Trimble for example is the MP of this area – we’re his constituents – and people talked about a peace process being built on confidence and trust – what confidence and trust did David Trimble seek to engender by his actions in Portadown?  What bridges was he trying to build with the nationalist community? What was he trying to do by literally trampling over the rights and aspirations of a substantial number of his constituents?”

Q. 10 – Cllr. James Holloway (FG, Navan UDC): “I wondered if there was an alternative return route from Drumcree Church – it is my feeling that most parades like this describe a “one-way loop” – like the Navan parade on St. Patrick’s Day. Trying to bring the parade back on itself is logistically very difficult, is it not?”

Brendan: “Not really, there is a route, what I call the country route – the Loughgall Road where they actually walk up and join along here [map]… which would leave them to come back in a loop situation… That’s the route they were given after they were removed from Obins Street. We don’t find any problems with that.”

James Holloway –  “That’s the route on the way out?”

Brendan: “Yes… you’re talking about logistics problems, they’ve a couple of fields, they can come out, go round and come back down again. .. On a usual Sunday you’re only talking about a few hundred Orangemen there… They could go that way, come out down there, cut across the back of Derryvore and then come back into the town… The only reason we’re not pushing that suggestion is  we know it’s going to take them a couple of miles out of their way.

“ We’re not trying to stop them permanently, but if they’re going to persist in hardline attitudes themselves we’re going to have to sit down one of these days and say “look, if they’re not even willing to sit down and talk compromise with us then to hell with compromise, let them take the country route, don’t even let them down that bottom end of the street. Now that’s what it could actually come to.”

John Clancy: “If in the event they did talk to you might you eventually let them walk down your road?”

Brendan: “We had petitions all this year – it was decided by the people beforehand, and we had the petitions with all the names gathered, voluntarily gathered…  95% of the people in the area didn’t want it – the people of the area don’t want the Orange parades.”

Eamon: “If there wasn’t an alternative route then we’d feel more obliged to address that issue, but because there is an alternative route then it would just seem wrong to tolerate the present situation because we believe it’s wrong, what they’re doing is wrong.  So the analogy sometimes used is that it’s like beating someone – if they say to you we’ll only beat you twice a week, instead of 5 times, that is a compromise.  It’s not right to compromise when things are wrong – there is an alternative route.”

Q. 11 Bill Willis [Wilkinstown, Navan resident, originally from Co. Down]: “This is mainly addressed to Fr Stack who’s having problems understanding the Orange Order. Now I grew up in a home not many miles from Portadown, in a Protestant home incidentally… I have come across very few Orangemen who have the slightest knowledge what the Orange Order is about… As to these hired bands, the centre in the country for the young people was the band.  The great evil of the thing is that they’ve been hijacked by evil politicians and this has been made into a tribal thing, and what we’ve got to get rid of is this idea of Catholic against Protestant – that is not correct, this is tribalism .. they’ve been brainwashed in a most disgusting manner … and I’ve come across unionists who basically were decent fellows, but put a sash on them and they go to the field and they hear the most outrageous lies, and they just believe it and that’s what you’ve got to get over.”

Q. 12 –  “Returning to the religious freedom aspect, would you consider giving the nationalists also the right to organise a march through all the Orange areas… Have they tried to organise a St. Patrick’s Day march through Portadown?”

Brendan: “1985 St. Patrick’s Day would actually probably have brought this whole thing to the forefront as regards Obins Street. The local nationalist band, St. Patrick’s Accordion Band, was holding its parade and attempted to march down one street.  The route had been agreed to beforehand by the RUC. On St. Patrick’s morning a crowd of loyalists gathered, local elected councillors and what not. That St. Patrick’s Day parade was rerouted. Now up till then there had been no real attempts by nationalists to parade in the town. Going back to the 1970s was the last time there was a nationalist parade in the town –  it would have been a People’s Democracy protest at the beginning of the Civil Rights. They were literally beaten out of the town centre. Even back to the last century nationalists were almost exclusively confined to Obins Street. … Excursions of local school children to the then railway station would have been attacked. All these instances are recorded in the newspapers. Even the Faith and Justice Group a couple of years ago attempted to march into the town and because of threats etc. they were confined to the Garvaghy Road.”

Eamon: “There are two issues in terms of rights that we might identify – one has got to do with the dignity of the nationalists and the other is equality. Now in Portadown there is absolutely no equality. There is no question of a nationalist march in the centre of the town at the moment – the paramilitaries have made that very clear.  But that’s a secondary issue.”

Q. 13 – Roy Garland (UUP, Belfast, Co-Chair, Guild of Uriel in Louth): “I’m a unionist. I’m a former member of the Orange Order, about 25 years ago. I’ve got friends in the Orange Order. I’m very glad I came here and I think it’s very sad to hear some of the things you’ve said. In a sense it’s a very bad picture because I can see both sides of the situation.  One of the things that concerns me about it, and I put this to Sinn Fein at a meeting quite some time ago, is that this is such an emotive issue, that the implications and the possibilities are to be very brave. I was in England at the time of the Garvaghy Road thing, and the thing that shocked me was Ian Paisley (by the way Ian Paisley is a member of the Apprentice Boys, and that’s where the collarette comes from).  He said that it was a matter of “life or death” to march down Garvaghy Road, which to my mind is idolatry of the most extreme kind.  The difficulty is, and I don’t know how to get this over, because what you seem to be saying is, and I understand it, and I think the Orangemen shouldn’t march down the Garvaghy Road; but in my understanding and what I’ve heard from them is that they feel it is almost a matter of life or death to march down that road, and you feel it is almost a matter of dignity that they don’t march down it….

” The problem for me is I’ve been trying to put together some positive ideas to try to move the Protestant community forward where this sort of thing doesn’t happen.  It actually was this position, as you said, that put David Trimble into the position in the Unionist Party, and it’s created a new movement within the Orange Order which is actually moving the Orange Order backwards instead of forwards as far as I can see…. I’m just throwing out ideas, I don’t know.

“That new booklet we have, A New Beginning, [Shankill Think Tank], and this is from people from the Shankill Road, former paramilitaries and so on, who are saying that what we need in this community is cross-community dialogue at all levels. The difficulty is that the Orange Order appears not to be prepared to talk.  My understanding of their reason for this is that they feel, and this might seem crazy to you, that they are part of a community that is on their way out, that they’re in decline, and in that situation it’s very difficult to be generous.  I certainly feel that Ireland as a whole has something to give to Orangemen, in some way to try and make them feel that they have a place here. The problem with this sort of situation is, and I can’t talk to these people and convince them yet I come from the same background… but I wonder have you thought about any other way that can diffuse the situation? Can you not get talking to them? Will they not talk to you? Is there not some way forward?

Brendan: “As I say, we have made attempts time and time again to meet with the Orange Order. We don’t get a response from them. Now we’ve brought in the Mediation Network in the hope that they can open some sort of dialogue and arrange some sort of contact between ourselves and the Orange Order. Now if they can’t do it who else is going to do it?  They’ve already said, time and time again, that they will not speak to this committee… …As I said earlier we sent letters to them, they didn’t even acknowledge the letters.

“They’re just a closed shop and we have no way into that. Now hopefully the Mediation Network may be able to arrange a meeting between our committee and the district officers in Portadown. I don’t know what’s going to happen this week following the “Spirit of Drumcree” meeting – what kind of changes are going to take place within the Orange Order. Obviously Martin Smyth seems to be on his way out for the simple reason that he didn’t come to Portadown during the summer, and I would think anyone who has taken that stance or who is supporting Martin Smyth’s position is going out the door too.

You were saying about the seriousness of the situation – now I stated this before July, in connection with the ceasefires…. back in 1972 there was another parade in Portadown which led to the breakdown of the ceasefire several hours before it was broken in Belfast that afternoon, and I said to people that we have to be very sure of what we are going to do here, that we could be responsible for these ceasefires being broken. Obviously we weren’t going out to break them but we knew the possible consequences of our action. It seems, when I refer to that entire pan-Unionist front, that other people also were aware of the possible consequences, especially if it went on to the 11th July night… there could have been dead bodies on the Garvaghy Road, there could have been houses burned out, we could have had a repeat of 1969 all over again.”

Roy Garland: “Is it not possible, under any circumstances, to let the Orangemen go down this road?”

Joe Duffy: “No it’s not. We don’t want them, we’ve had enough.”

Roy Garland: “Are you not taking the same attitude as the Orangemen who are saying “no way”?”

Joe Duffy: “What do you want?  They’ve beat us into one wee corner, all summer they’ll be coming round the town playing the bands. We can do nothing about it, so we don’t try, we let them go on ahead, and at the end of the day they want to march through the middle of us. It’s triumphalism, they want to just beat us into the ground.”

Roy: “They feel exactly the same. Yes, they really do…”

Brendan: “To go back to the previous person and the Donegal situation – depoliticise the Orange Order, do away with all the trappings and the provocation; do away with insulting your nationalist neighbours; you could then come down the Garvaghy Road, but that’s not going to happen this year, next year or the following year, that’s going to take time. It’s going to take what you talked about – cross-community dialogue, it’s going to take two communities understanding one another. I can see that day happening but not for many years yet.”

Q. 14 – Dominic Bryan (researcher, University of Ulster, speaker at previous month’s talk): “A couple of quick points… the people up here have suggested a way of looking at these things; in the long run it has to be how nationalists are allowed to express themselves in Portadown.

“It seems to me that it’s hard for them to allow Orangemen to walk down the road when nationalists themselves do not feel at home in their own town, so in the long term those are the sort of issues, and I know Eamon’s group has looked at these sort of things, and these are the sort of issues that should be looked at.  One very small thing which I think is worth mentioning – though I don’t want to underestimate the threat that the loyalist paramilitaries pose to the nationalist community – I think we all know that, but what I saw happen on that morning was that in fact certain members of the loyalist paramilitaries were trying to keep a cap on what was going on. … I could only see a tiny little bit, I was at the Church, so I could only see a small amount of what was going on so I couldn’t tell you what was going on in other parts.”

Brendan: “It was senior loyalist paramilitary figures who led that crowd into the junction of Obins Street and Park Road.”

Dominic: “Ok, but certainly what I saw were people down at the bend trying to stop them, and I believe that Billy Hutchinson was involved, and I have also seen him trying to sort things out at parades in W. Belfast and also in Downpatrick, and there is a strain within the P.U.P. who are not particularly pro-Orange and they are making some efforts to try and alter the situation. It’s not quite that black-and-white – I’m sure there were loyalists involved in various things, but I saw certain elements trying to calm the situation down.”

Brendan: “Yes.. and I know members of the Combined Loyalist Military Command who were actually inciting people to violence, inciting people to invade the Obins Street area of Portadown.”

Q. 15 – Cllr. Christy Gorman (DL, Meath Co. Council): “What would the speakers’ view be of an entire ban on parades?  The marches and parades are not just marches and parades – they are symbolic, they are triumphalism, they are the dominance, they are a monster brought together by many component parts of religious and political tradition, and generations of feeling in N.I., on both sides, and the monster seems to want to dominate and interfere with smaller weaker sections of the community… Now perhaps it’s a simplistic view to ban all parades … from what I’m hearing it’s a very entrenched position on both sides and I don’t know how it could be addressed to diffuse it in any way to make it any way acceptable.”

Brendan: “In ’69, ’70 and ’71 there was an outright ban on parades in the North and it never solved anything either.”

Christy Gorman: “Under the present circumstances, we’re trying to see the development of perhaps a more peaceful period in Ireland – would the people consider that it was more important to have the civil right to march, regardless of the consequences, of the effect that is having on the communities that they march through…”

Eamon: “You’re talking from the perspective of the Republic.  It seems that these marches are really significant for the Orange and for that tradition, not particularly for the nationalists. No we don’t have a strong tradition of marching… If you look at the history, during the last century, bans weren’t effective, and the Orange become more militant when they’re banned… But what seems to be possible is to integrate the right to march into some other political settlement whereby there’s a certain amount of give and take, so that those marches that are offensive can be eliminated if it’s seen that there is something gained in return for that. I can’t see any other possibility.”

Brendan: “There are about 2, 400 marches each year by the Orange Order, there’s only about 6 that are contentious. Do you make them sacrifice 2394 parades just for the sake of 6?  Have they to quit everything? We don’t want them to have to stop everything. We’re not trying to prevent them from marching in Portadown – they have suitable alternative routes – they have the entire town to walk through. All we are saying is that 2 of those marches we can do without…”

Q. 16 – Cllr. Phil Cantwell (Ind., Trim UDC): “My question is something like Cllr. Gorman’s. I too put to the Orangemen, why did they have to march through Portadown? And this was their answer, and I’d like you to tell me what I should have said to them – they said this was “the Queen’s highway”, they had done this for hundreds of years, it was a tradition and the fact that Catholics had over the years come to live in the area should not hinder their established tradition. Now that’s what they said to me, and we see parades here in the south, we would resent maybe having to change. .. Also, I’ve seen parades in N.I., if they want to have their parades, how could they be modified …

…What could be done to allow them to have the tradition, that would be acceptable to the nationalists?”

Brendan: “The Queen’s Highway.  I would answer that in the words of another Orangeman, David McNarry, a very senior member. In an interview he gave during the summer he said that if the Orangemen deviate from their traditional route at any time, they lose the right to walk that route.  In 1987, by their own decision, they did not march the Garvaghy Road, they broke that tradition themselves.  How do you make them acceptable?  … If you look at all the parades, be they loyalist, republican, nationalist or whatever, there’s only about 20-30 of them coming into dispute.

“To ask Orangemen to do away with all their regalia just for the sake of 6 routes, to ask nationalists to do away with all their shamrocks and tricolours just because in another 6 areas they cause offence. It has to be looked at on the merits of each parade – out of 2, 900 how many are causing offence?  You have Ormeau Road, Portadown, Bellaghy, Dunloy, Derry and the city walls this year – we’re talking about 6 or 7 parades. There’s no question of anybody having to change their whole way… One of the things I noticed recently… is that the RUC have changed tack on the whole issue… In Lurgan, which is 5 miles from Portadown, nationalists have been trying to march into Lurgan and they have been stopped since the summer, and on the second occasion the RUC issued a statement afterwards and said that unless the community leaders can come together and decide themselves what’s acceptable in an area and what’s not, then they’re going to stop such marches. It’s a pity they hadn’t made that policy change before the summer.”

Q.17. Isobel Hylands [Lurgan resident]:  “In Lurgan there have been 4 or 5 republican marches over the last 4 or 5 weeks… I actually walked into one the week before last and asked some of the young people who were involved to come away and not get themselves into hassle. They did come away, they didn’t become involved… and I don’t know whether there were some people who were actually arrested, there were scuffles with the police.  The problem in Lurgan is that the…”

Brendan: “The only reason I mentioned Lurgan, and I don’t want to get into the Lurgan thing with you, is that the obvious change of policy which has come from the RUC in relation to the parades. The first parade, and I’m talking about an actual march of approx. 1000 people into Lurgan, was halted under the Public Order legislation. The RUC also used the same legislation the second time but in their press statements they gave the reasons why they changed tack completely, saying that if the communities can’t agree to what takes place in the town centre, they’ll put a stop to it.  … Now why didn’t they put a complete halt to the marches in Portadown?”

Isobel: “One of the things in Lurgan each year, which gives “ownership” of the town centre to everyone, is the Day of Friendship which takes place on the Sunday before Christmas, and has done for the past 5 years – the two communities come together in friendship and meet in the town centre. The two communities come together to demonstrate their wish to live together in peace. Maybe that’s something that should be done in every town, bringing the two communities together in their town centres, rather than the provocative, divisive, triumphalist marches of whatever size by either side.”

Brendan: “Just in case people think we’re all rabid republicans or something up here, we do have contact across the so-called divide… I have organised nights in the town that have been cross-community, I have been involved in the running of them, but I think if you ask anybody in our town, anybody who’s been involved in cross-community work, they’ll tell you that come July everything comes to a dead stop – all the work that has been done in the previous 10/11 months goes out the window when it comes to July and in August/September they have to start from scratch again.”

Isobel: “I would agree that some of it does stop over July but not all.  We actually happen to work with a cross-community group from Portadown which includes some kids from your own area, and that work does not stop over July – it has been ongoing for 3 years now.”

Brendan: “The majority of it does come to a halt.”

Q. 18 – Cllr. Phil Cantwell: “They didn’t address the point that I asked. That apparently in these traditional routes over the years Catholics have come into the areas and what were traditional routes are no longer acceptable… There’s only 6 or 7 marches that are a problem – is it because the routes are going through the Catholic areas, is this the problem?”

Brendan: “That was the traditional route in Portadown – that there [map]. Obins Street is the route they marched for 188 years. Obins Street was there when they started marching.. the Garvaghy Road came into existence afterwards.  If they were wrong marching through Obins Street and we got them rerouted from Obins Street, then it must be equally wrong to allow them to march the Garvaghy Road.”

Joe Duffy: “There was a parade, the other side of Portadown, a hundred or something years. That parade all of a sudden this year stopped and went up to Drumcree…”

Phil: “The inference being?”

Joe: “It’s the siege mentality – Drumcree, they want to march the Garvaghy Road at all costs, at all costs to beat us into the ground. … And another  point I want to put to you – the Orange Order marches out to the Church of Ireland church, with Archbishop Eames just a few miles down the road in Armagh, but they never make any comment, they never try to do anything, and they let this go on year after year.  The Church of Ireland seems to wash their hands of it… and they have something to do with it because it’s their church they’re parading to.”

Q. 19 [Rev. John Clarke, C. of I. Rector]: “May I come in? I may not speak for Dr Eames but I’m quite sure he wouldn’t be very excited by the fact that they’re using the Church.  I suspect it might be a situation where it might be even worse if he was to try to stop that. Somebody made the comment earlier on that the Orange Order was something to do with religion – I would have to deny that it has anything to do with my religion or indeed my perception of my denomination. I’m obviously a member of the Church of Ireland. I get by a full year perhaps never even thinking of the Orange Order and it does not have anything to do with my faith. Nothing whatsoever! It’s to do with tradition, it’s to do with bigotry, it’s to do with triumphalism. It has got nothing whatever to do with Anglicanism or the Church of Ireland as I perceive it.”

Joe Duffy: “But Bishop Eames could make his feelings known, could he not?”

Rev. John Clarke: “Perhaps he could, but I suspect there again it would make the position more entrenched. I would hope that he’s doing his part in some small way to move the situation forward.”

Joe Duffy: “That Church of Ireland minister wasn’t badly thought of in the Catholic community… yet whenever this so-called “medal” was presented, he was one of the men on the stage.”

Chair; John Clancy: “But there was a case, If I remember correctly about that time, where a minister refused to let them into the church.. there are cases like that, to be fair, there were cases where the Church of Ireland actually refused such celebrations….”

Rev. John Clarke : “Obviously certain clergy from both traditions accept the goings on of that tradition and some may fall into line with it…. perhaps it is their ministry to work within that, and to change the situation by being part of it. Perhaps I would be more effective if I were a member of the Orange Order. I shudder at the thought and dread the day that ever anything to do with the Order should come to a parish church that I had anything to do with…”

Q. 20 – Anne Nolan (Meath Peace Group): “Your coalition of groups – you represent 1200 families, and you’ve got 95% of the people who signed the petition – how many people during July actually took part in the protest?… The second question I’d like to ask is you were talking about 5 hours of rioting… and during the week leading up to the 12th there’s an awful lot of tension… I’d like to know where that tension comes from… You also mentioned that in the past people had been killed, and I’d like to know who was killed and where it happened.”

Brendan: “I would say between 500 and 700 people took part…. What you have to realise is.. that those people who are lucky enough to work have to go into loyalist areas to work. … There’s reasons why it wasn’t 95% of the population … these people are taking their lives in their hands by coming out and being seen at this protest… These people have to work in loyalist areas…. You asked re people who have been killed – we’re not just talking here about Catholics who have been killed. At a previous loyalist demonstration where you had Keith White from Lurgan killed by a plastic bullet… ..and Jack McCabe and one of his customers who was shot… You had one of the Beatties shot in Churchill Park… I don’t have all the facts and figures to hand…. In the 1930s people were shot dead in Obins Street… you can go right back.  As regards the violence, as Eamon said it was a major thing not to have nationalists rioting in Portadown prior to an Orange parade, during an Orange parade or after an Orange parade.  That didn’t happen this year you know….Joe can tell you about riots that went on for 2 – 3 days before an Orange parade.  We have photographs at home… about the UDA being invited into Obins Street. We have had situations where gun battles have taken place…. “we’ve had situations where bombs have been planted to try and prevent Orange marches – the violence is there; what we’ve done this year was to ensure that that violence was channelled peacefully in a very disciplined fashion.”

Anne: “Do you think there is anybody in the Garvaghy Road area… somebody that maybe the Orange Order would speak to?  Maybe they see you as public figures now and they may not speak to you. Would you be prepared to stand down now and let some people from your own area negotiate?”

Brendan: “Then what happens if our people turn round… and say to the Orange Order: “Harold Gracey, you made the call for everyone to come to Portadown, we’ll not talk to you, Robert Wallace, you were the District Secretary, we’ll not talk to you – once you start saying who you’re not going to talk to you are getting into very dangerous water…”

Anne: “Would you allow some other people from your area to do the negotiations?”

Brendan: “The only thing I want to say about that is that it’s this committee, this group, that has the mandate. No one else in our area.”

Anne Nolan: “Where did you get the mandate?”

Brendan: “That mandate came through the public meetings, through the protest, through the petitions etc… To replace this committee you’re going to have to go through the whole procedure again.”

Eamon: “I just want to say that I certainly don’t want to be involved in this issue. In a sense it’s not something I’d choose… It’s an awful situation that’s been very well portrayed as being potentially apocalyptic because of the fanaticism of fundamentalist biblical people and unionists placing that tag on it.  But it is a justice issue – in terms of the rights of the people.  I’ve no problem standing down and letting other people take the negotiating table but we have to face up to the reality. Somebody has to talk and at the moment we are the people who have been working on the thing – to change us I don’t think is actually going to change the reality. The reality is there’s a huge gap between the two groups and there’s a grave reluctance on the part of the Orange tradition to change. So to change us I don’t think would really help, but I’m certainly open to it. I’ve no desire to be here.”

Brendan: “What happens if the Orange Order refuses to talk to the people who replace us?”

Anne: “I’m just trying to understand – what if there were some other people in the Orange Order who were prepared to speak to someone else from your area – maybe they have some objection to you?”

Brendan: “Who’s to say that they won’t make new objections… make new preconditions….?”

Q. 21 – Julitta Clancy (Meath Peace Group): “I just want to thank you particularly, because we were all very concerned this year and over the last couple of years we’ve met people from the Garvaghy Road; they’ve actually been down here staying and talking to the group. I just want to compliment you on the fact that there was no violence this year… you did show an example… and I can’t even begin to visualise the problems you’ve gone through.  On the other hand, I’d also have to put it to you that there are these huge divisions, as Roy [Garland] brought up, there are huge problems that have been there for many centuries and these have been exacerbated by the last 25 years of violence. This summer, we all thought the ceasefires were going to lead to dialogue, to people getting down to the ground and showing hope, but unfortunately many politicians didn’t take that great opportunity which was given to them. We saw that in Portadown this summer, but we also saw the other thing – the “angry voices and marching feet” of the republican movement, at a time when they had made gestures, good gestures, but they could not also see the need for calm, for the building of trust and confidence, and that’s what’s got to be done.  We can’t say to you “let them march through”, or anything like that, but we have to appeal to you to try and do as much as you can, to try and talk as much as you can, to try and understand as well.  The Orangemen who were here last month did say that they didn’t want to tar the residents of Garvaghy Road with a label and they admitted they knew very little about the Portadown situation – they weren’t here to talk about that. We had invited them to talk about the history and traditions of the Order because we know very little about it, and, as Roy said, it’s very important that nationalists in the North, and we in the south, learn about what is so important to such a large number of people on this island.

“In the Downing Street Declaration and other documents we have accepted the equal rights and validity of both traditions, so we’re going to have to learn, and we’re going to have to understand, and they are equally going to have to come out of their tribalism and start to look at your problems.  The men and women we have met are very decent people – but very few of them have understood the problems that you are having, and I found this a terrible shock – how they didn’t seem to understand.

“But they didn’t understand, you must allow that. Many did believe that you, well the leaders of your group anyway, were IRA people … that is the problem we’ve all got to address … [tape unclear] ……. The more you read the literature, the more you realise this, whether it’s being put in from the top or whatever, people are believing these things and we have to do all we can to try and get around that – ordinary people talking to ordinary people can do a lot, and there are decent ordinary people all over. And I’m not trying to take from the good work you’re trying to do, but I’m just saying that somehow or other we’ve got to make sure that peace is not wrecked by these situations, and that we do work to build trust and confidence.”

Brendan: “From May 10th last year we have been attempting to open dialogue with the Orange Order, we’re not the people who closed the door.  We are still looking to open that dialogue, we’re using the Mediation Network, we’re using every means at our disposal, we are trying to understand them – but what we get is the door closed in our face each time…”

Q. 22 – Noel Weatherhead [Tullamore resident]: “Just a quick one on religion and the Orange Order. I have been told by a number of Protestant ministers that when the Orange Order marches to church they don’t have a special service – it’s the ordinary service that they come to. The only difference in it is that they all maintain that one of the things they give them is a “good tongue-lashing” as to where they were for the past year. Because the religion element of it only seems to come out for the Orange march – they’re not church attenders for the rest of the year, by and large….”

Evelyn: “Most of them that go up to Drumcree church, they don’t even go into the church. They stay outside because they’ve never been to church, just that one day they want to walk down the Garvaghy Road.”

Q. 23 – Cllr. James Holloway (FG, Navan UDC): “… I can’t see the problem being solved in the flashpoint of the parade. But some people seem to be saying, they’re suggesting to me in a sense that if you …. tackle the problem more circuitously, or by way of little bits, do you understand? Establish little bridges here and there without actually keeping the eye directly on this flashpoint on this particular day… kind of hard/soft approach.  Now it’s easy to say that. I was reminded there as I was showing my students one of the Robert Keyes’ documentaries on the Troubles, and I recall one woman, and I forget exactly what she said, but it was something like “the noise of those bloody drums every year – it’s repetitive you know.” And of course I suppose the whole thing can be explained in terms of the degree to which we feel secure or otherwise. I can’t help thinking that right now really it’s a potentially dangerous time in many respects, although we must be grateful, as someone has said, that the guns have been silenced, although at the same time we’re in a state of flux… for those who seem to have so much to lose, or not enough to gain… So the present time is fraught. But I sometimes give the analogy of two identical twins walking down a busy street, people knocking into them and so on: the one on the inside just getting knocked about, and really he’s hurt. The difference is their reactions would be different now because one is hurt, one is fearful, the other is not.  Or the two little children who go to the beach for the first time, one dives into the waves and the other one runs away…..

“It is a time of flux and it is fraught, but listening to those two people on my right – to go about it in a different way might create a difference in the long term, and whether it would actually result in fewer Orange parades, we don’t know, but it may perhaps allow the Orange people to see that they don’t need the same amount of parades every year at the same time. I’ll just finish by asking two questions: do you perceive that in fact parading has a worse effect, or are there more Orange parades in the last few years; and what are your thoughts on the suggestion that was made, not even a suggestion, just a thought?

Brendan: “In Portadown now, I’m actually talking about parades coming through nationalist areas. Protest and action such as ours has cut the number of marches through our area from 9 marches to 2 marches in the last 10 years. The Garvaghy Road is still the major issue, all the parades have been stopped in Obins Street. The bulk of the nationalist population lives along the Garvaghy Road and that area still continues to develop – there’s a new housing development all along it. The population’s going to grow bigger. So I don’t know.

“As to the second question, the circuitous route.  Well Eamon could take you on to that, because this July, even on the Sunday of our protest, we had a Presbyterian minister who visited us – I think he was Presbyterian.  He represents a group of about 20-30 Protestants who would have been willing to come out and support us.  We went to the meeting with PACE, we had Catholics and Protestants there, more Protestants than Catholics.  We explained a lot to those people that night – they weren’t even aware of what happened in their own town, they didn’t realise what went on. The people we were talking to don’t go to Orange parades, so they hadn’t a clue what was going on…. But now they do know, and as they said that night, they’ll try to explain to their circles of friends what’s going on, and hopefully that’ll grow.  We are trying to make these steps, you know, we’re not turning away from dialogue with anybody as I keep saying.  We will talk to anybody, and we’ll go anywhere to talk to them – I don’t care who they are – to get this problem resolved once and for all.”

Joe Duffy: “The only problem with what you’re saying is that the Orange Order has built the “Siege of Drumcree” up, it’s like the Battle of Waterloo; it’s been built up and up and this year coming in I would say would be a sorry tale.  Because they have made it into a big thing – not us. They have. They have made it into the big picture. I would like to ask that man there who’s a unionist, what he thinks of what I said – has the Orange Order built what they call the Siege of Drumcree?”

Roy Garland: “I’m not very closely associated with or have any intimate knowledge of the thing. I understand that that sort of mentality was promoted by certain people at Drumcree and I understand that some people from Belfast received a telephone call from Drumcree that said the Orangemen were under siege in Drumcree. But the thing that I was worried about earlier is that the more hyped up the thing becomes, the more that sort of thing is increased.”

Joe: “But that’s what I’m saying to you – they have hyped it up, and they’re continuing to hype it up and will continue till next year.”

Brendan: “I think what Joe’s trying to say is that the Orange Order is going to find it very difficult to walk away from that parade. Let’s say 5 days beforehand we can get a ministerial ban slapped on the parade; if 5 days beforehand the RUC inform the Orange Order that they’re not going to get marching, and it’s not done at the last minute because of the hype centre around this, the Orange Order are going to find it very difficult to walk away, and that’s the fault of a small clique within them.”

Eamon: “We’ve had a very long night listening to all the viewpoints, and just to summarise: we are very grateful for the patience of everyone for listening to the story. Obviously it’s not the polished nice story you’d get from professional organisations or from intellectuals, but we are really just a community group who have found ourselves in this position. What I find within the nationalist community is a very significant change – the goodwill that was there throughout the whole incident. When people were pushed to great extremes, whose lives were endangered by the words of some of the senior politicians – there was no sense of bitterness in the nationalist community. All along there was a sense of “our cause is just and we want justice.”  We don’t want to defeat anybody – we don’t want to walk on anybody, and we don’t feel bitter towards others who find themselves in this awful situation because they have created a bit of a mess themselves….” [tape ends, following comes from notes only]…”We want to understand what the Orange Order is about – there’s a listening time – and then we need to talk. Northern Ireland is British and Irish – unionists have to come to terms with that.  [We hope for] some signs that the leadership will pull back and not make Portadown the last stand of unionism. There’s hope that things might change. It’s great to be balanced but sometimes you have to stand up for what is right and just.  Sometimes we have to get off the wall and stand up for a just cause.  We can’t be balanced and neutral always. “… [re danger to peace process and what people can do in the Republic] …”It’s never right to sacrifice the dignity of the nationalist people for a higher ideal. The Republic has to make a stand and not allow the dignity of people to be walked on.”

 

CLOSING WORDS

On behalf of the Meath Peace Group, John Clancy closed the proceedings and thanked the speakers for giving so much of their time. He also thanked the audience for being so patient in listening and for contributing so well to the question and answer session, and he thanked the Columban Fathers for their generosity in permitting the use of the facilities at Dalgan Park for the talks.

 

Meath Peace Group report – December 1995. Report compiled and edited by Julitta Clancy. Taped by Anne Nolan

(c)Meath Peace Group

Contact names 1995: Anne Nolan, Gernonstown, Slane, Co. Meath; Julitta and John Clancy, Parsonstown, Batterstown, Co. Meath; Pauline Ryan, Woodlands, Navan; Philomena Boylan-Stewart, Longwood; Michael Kane, An Tobar, Ardbraccan, Navan, Co. Meath

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