September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8163 EXPRESSING SENSE OF HOUSE ON not participate or encourage participation in The British Government and the PEACE PROCESS IN NORTHERN the new policing structures unless the Pat- unionists have, so far, failed to show IRELAND ten report is fully implemented; and similar good faith. They firmly need to Whereas on June 15, 2000, British Secretary live up to their agreements in the Good Mr. GILMAN. Mr. Speaker, I move to of State for Northern Ireland Peter suspend the rules and agree to the reso- Mandelson said, ‘‘I remain absolutely deter- Friday Accord, especially concerning lution (H. Res. 547) expressing the sense mined to implement the Patten rec- real police reform as envisioned by the of the House of Representatives with ommendations and to achieve the effective Patten Report of September 1999, a re- respect to the peace process in North- and representative policing service, accepted port consistent with the terms of the ern Ireland, as amended. in every part of Northern Ireland, that his Good Friday Accord. The Clerk read as follows: report aimed to secure’’: Now, therefore, be A 93 percent Protestant police force it H. RES. 547 will not do in a nearly equally divided Resolved, That the House of Whereas the April 10, 1998, Good Friday society. The British Government can- Representatives— not put aside promised change and the Agreement established a framework for the (1) commends the parties for progress to peaceful settlement of the conflict in North- date in implementing all aspects of the Good Good Friday Accord for temporary tac- ern Ireland; Friday Agreement and urges them to move tical or political gain, for whatever Whereas the Good Friday Agreement stat- expeditiously to complete the implementa- reason. The Irish National Caucus and ed that it provided ‘‘the opportunity for a tion; other Irish American groups here fully new beginning to policing in Northern Ire- (2) believes that the full and speedy imple- support this bill, as well as the SDLP, land with a police service capable of attract- mentation of the recommendations of the the largest nationalist Catholic party ing and sustaining support from the commu- Independent Commission on Policing for nity as a whole’’; in the north of Ireland whose leader, Northern Ireland holds the promise of ensur- John Hume, won the Nobel Peace Whereas the Good Friday Agreement pro- ing that the police service in Northern Ire- vided for the establishment of an Inde- Prize. land will gain the support of both national- Seamus Mallon, the SDLP’s deputy pendent Commission on Policing to make ists and unionists and that ‘‘policing struc- ‘‘recommendations for future policing ar- tures and arrangements are such that the po- minister in charge of the executive, rangements in Northern Ireland including lice service is fair and impartial, free from stated to our committee and said that means of encouraging widespread commu- partisan political control, accountable...to failure to implement Patten policing nity support for these arrangements’’; the community it serves, representative of proposals will have a damaging effect Whereas the Independent Commission on the society that it polices...[and] complies Policing, led by Sir Christopher Patten, con- on the whole psyche of the fledgling po- with human rights norms’’, as mandated by cluded its work on September 9, 1999, and litical process. the Good Friday Agreement; and proposed 175 recommendations in its final re- (3) calls upon the British Government to b 2030 port to ensure a new beginning to policing, fully and faithfully implement the rec- consistent with the requirements in the We do not want this, nor can we af- ommendations contained in the September 9, Good Friday Agreement; ford this. The Washington Post noted Whereas the Patten report explicitly 1999, Patten Commission report on policing. in July that the onus remains on the ‘‘warned in the strongest terms against cher- The SPEAKER pro tempore (Mr. British Government to respond to ry-picking from this report or trying to im- PITTS). Pursuant to the rule, the gen- Catholic objections on its failure to plement some major elements of it in isola- tleman from New York (Mr. GILMAN) fully implement all of Patten’s police tion from others’’; and the gentleman from New York (Mr. reforms, since these reforms were part Whereas section 405 of the Admiral James CROWLEY) each will control 20 minutes. of the agreement in the Good Friday W. Nance and Meg Donovan Foreign Rela- The Chair recognizes the gentleman tions Authorization Act, Fiscal Years 2000 Accord. To date, regrettably, they have and 2001 (as contained in H.R. 3427, as en- from New York (Mr. GILMAN). not responded. acted by section 1000(a)(7) of Public Law 106– GENERAL LEAVE At hearings held last week by the 113, and as contained in appendix G to such Mr. GILMAN. Mr. Speaker, I ask gentleman from New Jersey (Chairman Public Law) requires President Clinton to unanimous consent that all Members SMITH) of the Helsinki Commission, a certify, among other things, that the Gov- may have 5 legislative days within Member of the Patten Commission, Dr. ernments of the United Kingdom and Ireland which to revise and extend their re- Gerald Lynch, the president of the are committed to assisting in the full imple- marks on this measure. John J. College of Criminal Justice in mentation of the recommendations con- New York, told us that any significant tained in the Patten Commission report The SPEAKER pro tempore. Is there issued on September 9, 1999 before the Fed- objection to the request of the gen- modification of its recommendations eral Bureau of Investigation or any other tleman from New York? ‘‘will deprive the people of Northern Federal law enforcement agency can provide There was no objection. Ireland of this long-awaited police training for the Royal Ulster Constabulary; Mr. GILMAN. Mr. Speaker, I yield service capable of sustaining support Whereas a May 5, 2000, joint letter by the myself such time as I may consume. from the community as a whole.’’ British Prime Minister and the Irish Prime (Mr. GILMAN asked and was given We also learned that the current Po- Minister stated that ‘‘legislation to imple- permission to revise and extend his re- lice Authority in the North has said it ment the Patten report will, subject to Par- marks.) is ‘‘vital’’ that the police bill now be- liament, be enacted by November 2000’’; Mr. GILMAN. Mr. Speaker, I am fore the British parliament to carry Whereas on May 16, 2000, the British Gov- pleased to support H. Res. 547. I joined ernment published the proposed Police out Patten be amended. (Northern Ireland) bill, which purports to as an original cosponsor of this bill, Finally, a former adviser to the implement in law the Patten report; along with many on our committee and Northern Ireland secretary of state has Whereas many of the signatories to the others from both sides of the aisle fa- also told us that the first draft of the Good Friday Agreement have stated that the miliar with the problems in Northern bill ‘‘eviscerated Patten. The latest proposed Police (Northern Ireland) bill does Ireland. version presents a mostly bloodless not live up to the letter or spirit of the Pat- In Northern Ireland last spring, the ghost.’’ ten report and dilutes or fails to implement IRA’s efforts at putting arms beyond There must be policing reform as the many of the Patten Commission’s key rec- use and having that verified by outside Roman Catholic Church and as Nation- ommendations regarding accountability, such as, by limiting the Policing Board and observers demonstrated their good alist Party leaders want, and are enti- Police Ombudsman’s powers of inquiry, by faith. It made it possible for the power- tled to, as well as was agreed upon in failing to appoint a commissioner to oversee sharing executive to run again and for the Good Friday Accord. The old implementation of the Patten Commission’s real, peaceful democratic change. Unionist ‘‘veto politics’’ must end. 175 recommendations and instead limiting As part of that arrangement to re- I was proud to join as an original co- the commissioner to overseeing those store the executive, in May 2000 the sponsor of this resolution that was changes in policing which are decided upon British and Irish governments made a passed out of our Committee on Inter- by the British Government, and by rejecting firm commitment to the nationalist national Relations without one objec- the Patten Commission’s recommendation community to fully implement the tion. All Members of Congress want to that all police officers in Northern Ireland take an oath expressing an explicit commit- Patten Commission policing reforms see lasting peace and justice to take ment to uphold human rights; that form a core portion of the Good permanent hold in Northern Ireland, Whereas Northern Ireland’s main nation- Friday Accord for a new beginning in and we should act favorably on this alist parties have indicated that they will policing. proposal. H8164 CONGRESSIONAL RECORD — HOUSE September 26, 2000 The resolution before us, Mr. Speak- voted for what we know as the Good mental reform of policing in the North er, merely calls on the British Govern- Friday Agreement. In unprecedented of Ireland. Secretary Mandelson’s posi- ment to fully and faithfully implement numbers, they said yes to the future, a tion, however, has been to come back the Patten Commission report, to future that would include justice, and a and say, we know better, we know which they agreed, both as part of the future that would include reconcili- more. We have decided that, despite Good Friday Accord and the recent res- ation between the two traditions that what Chris Patten said, despite the toration of power sharing executive in have resided on that island. Patten recommendations, despite an the North. But as part of that Good Friday election, that we are now going to com- If the British Government truly in- Agreement, there was a very special promise the very notion of fully inte- tends to do this, there is nothing for provision that cuts to the heart of the grating the police service or police them to fear from this bill. If they are discussion that we are having this force in the North of Ireland. not serious about policing reform, then evening. It established an independent What is difficult for most of us to di- they are not in compliance with the commission on policing that would gest in this process is essentially this: Good Friday Accord, and the judgment make recommendations to the British if we are to go back to the rec- of history will be rightfully harsh. Government and to the Irish Govern- ommendations that Patten made and Now is the time for us to get it right ment. The notion was to create a new essentially say we cannot sell them po- and to fully support the Good Friday policing service capable of attracting litically now, it invites both sides to Accord. and sustaining support from the com- say, let us reopen the Good Friday Mr. Speaker, I reserve the balance of munity as a whole. Agreement. my time. The Nationalist population currently Now, George Mitchell deserves enor- Mr. CROWLEY. Mr. Speaker, I yield comprises about 7 percent of the Royal mous credit for his good and patient myself such time as I may consume. Ultra Constabulary. That means that work. Bill Clinton deserves great credit Mr. Speaker, I rise to voice my sup- the Unionist community, which, by the for his work. Republicans like the gen- port for House Resolution 547. I regret way, represents about 54 percent of the tleman from New York (Mr. GILMAN) that such a resolution is necessary. people in the North, nonetheless con- and others deserve credit for their However, the British Government’s stitutes 93 percent of the police force. work. This has always been bipartisan failure to fully implement the Good The Nationalist community sees them in nature. Friday Agreement and the Patten as a force to keep them in line. Fun- Let me, if I can for a second, read a Commission report is an issue of great damentally, the issue of policing can statement that Vice President Gore has asked me to offer on his behalf: ‘‘I concern among many Members of this change the whole complexion of the also want to make clear my position on body and must be addressed. process in the North of Ireland that we I want to thank the gentleman from know as the Good Friday Agreement. the Patten Commission’s recommenda- tions for police reform in Northern Ire- New York (Chairman GILMAN) for mov- Now, let me delve into this a bit land. I urge the British government to ing this measure along in an expedi- more. On September 24, 1999, Chris Pat- fully and expeditiously implement tious manner, and I want to thank my ten, a conservative member of the Brit- these recommendations. The goal of colleague and friend and cochair of the ish parliament, was chosen to review the Patten Commission’s recommenda- Ad Hoc Committee on Irish Affairs the state of policing in the North of tions is to take politics out of policing here in the House as well, the gen- Ireland. He came back, and, listen to and to create a police service in North- tleman from Massachusetts (Mr. this number, Mr. Speaker, offered to not only take the politics out of polic- ern Ireland that meets the highest pos- NEAL), for introducing this measure. sible standards and that enjoys the Mr. Speaker, I yield such time as he ing in the North, but, just as impor- support of both communities.’’ may consume to the gentleman from tantly, offered 175 recommendations that included changing the name, Now, I would submit tonight, Mr. Massachusetts (Mr. NEAL). Speaker, that if we are to head back to Mr. NEAL of Massachusetts. Mr. changing the flag and emblems of the RUC, a new oath for all the officers, a reopening of the Good Friday Agree- Speaker, let me if I can at the outset ment, canceling the provisions of the thank the gentleman from New York human rights training and a new polic- ing board to be comprised of both com- Good Friday Accord, we are going to (Mr. GILMAN) and thank the gentleman munities. This evening this Chamber invite the rejectionists to step forward. from Connecticut (Mr. GEJDENSON) and should be grateful for what Chris Pat- I would ask the rejectionists of the members of the Committee on Inter- ten did and the efforts that he extended Good Friday Agreement a very simple national Relations for the expeditious on behalf of this fundamental issue. question: tell us your alternative. You manner in which they brought this Now, when he came to Washington at have always had great moments of out- piece of legislation that I authored to the request of the gentleman from New lining what you are against; we would the floor. York (Chairman GILMAN) and the gen- like you to tell what your competing Also I think to fully acknowledge tleman from Connecticut (Mr. GEJDEN- proposal is on behalf of what you are that time and again on the issue of Ire- SON), he presented to us a very cogent for. land, there has been bipartisan support plan for fundamentally restructuring It becomes very obvious to all of us in this House of Representatives for the Royal Ulster Constabulary. What who have been in this process, myself the work that has occurred on this side he said at that time essentially was included, for more than two decades, of the ocean, as well as on that side of this: do not allow my report to be cher- that they really have no alternative to the ocean. ry-picked. Precisely what is happening the Good Friday Agreement. They are House Resolution 547, Mr. Speaker, at this moment in the North of Ireland going to continue to chip away at the simply urges the British Government is the cherry-picking of Chris Patten’s edges, they are going to continue to be to fully implement the Patten rec- recommendations. naysayers, they are going to continue ommendations on police reform in the Now, I would remind all present, as to criticize all of the parties that have North of Ireland. The people on the is- well as those viewing across the coun- brought us to this moment. But the land of Ireland support the Patten rec- try, that there was a democratic elec- point tonight to remember is this, they ommendations, not the Mandelson rec- tion which people in both traditions on provide no viable alternative. ommendations. both sides of the border voted for in There is no option, that I am aware Let me give you a little bit of back- overwhelming numbers. of, other than the Good Friday Agree- ground, if I can, on this issue. Probably So what we are saying essentially ment. It has met the test of time, it en- one of the most difficult problems that here is this, that we have had an agree- joys support across the island; and if has confronted the people in the North ment, we have had an election, and we are to say tonight that the Patten of Ireland for the better part of the pre- now we are going to move the goal- Commission recommendations are to vious century was the issue of policing posts back by another 10 yards, because be, as Chris Patten said, cherry-picked in a small state the size essentially of that is what the Nationalist commu- or taken apart, then what is to prevent what we would know as Connecticut. nity will deem this intransigence to be. the next party from standing and say- But on May 21, 1998, the vast majority Everybody in the British Isles has ing, we do not like this part of the of the people of the island of Ireland concluded that there has to be a funda- Good Friday Agreement? September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8165 The term ‘‘royal’’ should be taken b 2045 It is critical to note, then, that de- out of police service. Members of the Our panel of experts were emphatic spite the progress to date, the British Nationalist community do not want to about the gap that exists between the government is at a critical crossroads swear allegiance to the Queen upon recommendations of the Patten Com- on the path to peace in Northern Ire- taking the oath for joining its police mission on policing reform and the bill land. The British government has the service. Chris Patten understood that; that the British Government has now sole opportunity and responsibility for Tony Blair understood that. That was put forth in their attempt to comply making police reform either the part of this far-reaching agreement, with the Good Friday Agreement’s in- linchpin or the Achilles heel of the that they would not have to swear alle- structions to ‘‘craft a new beginning to Good Friday Agreement. giance to the Queen to join the police policing.’’ Accordingly, our legislation today service. Instead, they would take an Professor Brendan O’Leary, one of calls upon the British government to oath of office similar to the one that our witnesses from the London School fully and faithfully implement the rec- patrolmen and patrolwomen across this of Economics and Political Science, ommendations contained in the Patten Nation take upon entering that serv- testified that the pending police bill is, Commission report. The bill is the cul- ice, simply acknowledging your duties. quote, ‘‘a poorly disguised facade’’ that mination of years of work in terms of I would submit tonight, Mr. Speaker, does not implement the Patten report. trying to get everyone to the point to Members that are going to have a He said it was, and I quote again, where they have a transparent police chance to go at this later on, that my ‘‘mendaciously misleading’’ for North- force that is not wedded to secrecy and words do not ring hollow on this occa- ern Ireland’s Secretary of State, Peter cover-up of human rights abuses. sion. If we allow any part of the Patten Mandelson, to suggest that his govern- Mr. Speaker, H. Res. 547 does get spe- Commission recommendations to be ment’s bill implements the Patten re- cific. It points out that the police bill undone, we invite the naysayers and port. in parliament limits the powers of in- the rejectionists to step to the floor to Professor O’Leary reported that the quiry and investigation envisioned by fill the vacuum. We have to push them bill improved at the Commons stage, the Patten report for the Policing aside and make them in free elections yet he testified that the British gov- Board and the police ombudsman. Re- tell the people what they are for or ernment’s bill is still very ‘‘insuffi- markably, the police bill gives the Sec- what they are against, as opposed to cient.’’ He called it a ‘‘bloodless ghost’’ retary of the State of Ireland a veto sitting in the inexpensive seats and of Patten and referred to it as ‘‘Patten authority to prevent a Policing Board telling all of us how wrong we have light.’’ inquiry if the inquiry ‘‘would serve no Similarly, Martin O’Brien, the great been all along the way. useful purpose.’’ That just turns the human rights activist and the Director Mr. Speaker, I want to thank the bill into a farce, Mr. Speaker. of the Committee on Administration of Members assembled here this evening The British government also pro- Justice, an independent human rights again for their steadfastness. hibits the Policing Board from looking organization in Belfast, expressed his Mr. GILMAN. Mr. Speaker, I yield into any acts that occurred before the organization’s, quote, ‘‘profound dis- myself such time as I may consume. bill was enacted. The British govern- appointment at the developments since Mr. Speaker, I thank the gentleman ment’s bill also denies the ombudsman the publication of the Patten report.’’ from Massachusetts (Mr. NEAL) for his the authority to investigate police He said that ‘‘only a third or less of kind supporting words for this resolu- policies and practices and restricts her Patten’s recommendations resulted in tion. The gentleman has been a long- ability to look at past complaints proposals for legislative change.’’ time leader in the Irish cause in the Mr. O’Brien reported that ‘‘a study of against police officers. And the bill re- Congress. the draft seems to confirm the view stricts the new oversight commissioner 1 Mr. Speaker, I am pleased to yield 6 ⁄2 that the British government is unwill- to assessing only those changes the minutes to the gentleman from New ing,’’ his words, ‘‘to put Patten’s agen- British government agrees to, rather Jersey (Mr. SMITH), the distinguished da into practical effect.’’ He called it than overseeing the implementation of chairman of the Subcommittee on ‘‘a very far cry from the Patten re- the full range of the Patten rec- International Operations and Human port’’ and said ‘‘despite much lobbying ommendations. Rights of the Committee on Inter- and extensive changes in the course of Mr. Speaker, when Mr. Patten met national Relations. the parliamentary process to date, with our committee, I and many others Mr. SMITH of New Jersey. Mr. there is still a very long way to go.’’ expressed our disappointment that his Speaker, I want to thank the gen- Elisa Massimino, from the Lawyer’s report contained no procedure whatso- tleman from New York (Mr. GILMAN) Committee for Human Rights, testified ever for vetting RUC officers who com- for his leadership on this very impor- that the bill ‘‘falls far short of the Pat- mitted human rights abuses in the tant issue, as well as the gentleman ten recommendations’’ and she pointed past. That said, we took some comfort from Massachusetts (Mr. NEAL), the to many discrepancies to illustrate that the Commission at least rec- gentleman from New York (Mr. CROW- this. And Dr. Gerald Lynch, the Presi- ommended that existing police officers LEY), and my good friend, the gen- dent of John Jay College of Criminal should affirmingly state a willingness tleman from New York (Mr. KING), who Justice in New York and an American to uphold human rights. Now we learn has been indefatigable for many years appointee to the Patten Commission, that the British government’s bill guts on this important issue. restated the Commission’s unanimous even this minimalist recommendation. Mr. Speaker, I think the gentleman support for full implementation and Mr. Speaker, let me just conclude, from Massachusetts (Mr. NEAL) is right warned, in his words, ‘‘that the rec- and I ask that my full statement be in pointing out that this is a bipartisan ommendations should not be cherry made a part of the RECORD. Two years effort, and we are trying to send a clear picked but must be implemented in a ago this week, human rights defense non-ambiguous message to the British cohesive and constructive manner.’’ attorney Rosemary Nelson testified be- Government that we are looking at Mr. Speaker, the witnesses at last fore my subcommittee expressing her their policing bill, that we looked at it week’s hearings, as well as witnesses at deepest-held fear that the RUC, which very carefully, and it falls far, far previous hearings, as well as in cor- had made numerous death threats short. respondences that we have all received against her and her family through her Last Friday, as chairman of the Sub- and in the meetings that we have had clients, would one day succeed and as- committee on International Operations throughout this Capitol and in Belfast sassinate her. The U.N. Special and Human Rights and as chairman of and elsewhere, policing has been the Rapporteur testified at the hearing the Helsinki Commission, I held my issue. In fact last year we had Chris that he was satisfied that there was sixth hearing in a series of hearings Patten himself and the U.N. Special truth to those allegations that defense which have delved into the status of Rapporteur to Northern Ireland, Param attorneys were harassed and intimi- human rights in the North of Ireland Cumaraswamy, speak to our sub- dated by members of the RUC. and the deplorable human rights record committee. They too pointed to police As we sadly all know today, Rose- of the Royal Ulster Constabulary, the reform as the essence of real reform in mary Nelson was killed, the victim of RUC, Northern Ireland’s police force. Northern Ireland. an assassin’s car bomb just 6 months H8166 CONGRESSIONAL RECORD — HOUSE September 26, 2000 after she asked us to take action to cherry picked but be implemented in a cohe- apparently to satisfy the concerns of people protect defense attorneys in Northern sive and constructive manner.'' already in the policing establishment who don't Ireland. Her murder is now being inves- Mr. Speaker, the witnesses at last week's want change and don't want the spotlight tigated in part by the RUC, the police hearing, as well as witnesses at previous shown on their past activities or future activi- force that she so feared. If the British hearingsÐincluding Patten himself and U.N. ties.'' government’s police bill continues to Special Rapporteur to Northern Ireland, Param In other words, the future of Northern Ire- reject mechanisms for real account- CumaraswamyÐhave all pointed to police re- land is being held captive to the interests of ability, we may never know who killed form as the essence of real reform in Northern the very police service and other British Gov- Rosemary Nelson or defense attorney Ireland. It is critical to note, then, that despite ernment security services that the Good Fri- Patrick Finucane. And sadly the police the progress to date, the British government is day Agreement sought to reform with the cre- force may never be rid of those who at a critical crossroads on the path to peace ation of the Patten Commission. may have condoned, perhaps helped in Northern Ireland. The British government Mr. Speaker, there should be no doubt cover up, or even took part in some of has the sole opportunityÐand responsibilityÐ about the importance of policing reform in the most egregious human rights for making police reform either the lynchpinÐ Northern Ireland as it relates to the broader abuses in Northern Ireland. or the Achilles' heelÐof the Good Friday peace process. Mr. O'Brien testified that ``the Mr. Speaker, let us have a unanimous Agreement. issue of resolution of policing and the trans- vote for this resolution and send a Accordingly, our legislation today calls upon formation of the criminal justice system are at clear message to our friends on the the British Government to fully and faithfully the heart of establishing a lasting peace.'' Dr. other side of the pond that we want implement the recommendations contained in Gerald Lynch restated Chris Patten's oft-re- real reform and that real police reform the Patten Commission report on policing. Our peated statement that ``the Good Friday is the linchpin to the Good Friday bill is the culmination of our years of work and Agreement would come down to the policing Agreement. it is our urging of an ally to do what is right issue.'' Last Friday, as Chairman of the Inter- for peace in Northern Ireland. national Operations and Human Rights sub- H. Res. 547 does get specific. It now con- Professor O'Leary's comments were even committee and as Chairman of the Helsinki tains language which I offered at the Com- more somber. He said: Commission, I held my sixth hearing in a se- mittee stage to highlight a few of the most In the absence of progress on Patten . . . ries of hearings which have delved into the egregious examples where the proposed Po- we are likely to see a stalling on possible status of human rights in the north of Ireland lice Bill does not live up to either the letter or progress in decommissioning, minimally, the spirit of the Patten report. For instance, and maximally, if one wanted to think of a and the deplorable human rights record of the provocation to send hard line republicans Royal Ulster Constabulary, Northern Ireland's the Police Bill, as currently drafted, limits the back into full scale conflict, one could think police force. powers of inquiry and investigation envisioned of no better choice of policy than to fail to Our panel of experts was emphatic about by the Patten report for the Policing Board and implement the Patten report . . . I think dis- the gap that exists between the recommenda- the Police Ombudsman. Remarkably, the Po- aster can follow . . . and may well follow tions of the Patten Commission on policing re- lice Bill gives the Secretary of State for North- from the failure to implement Patten fully. form and the bill that the British government ern Ireland a veto authority to prevent a Polic- Both the nationalist and unionist commu- has now put forth in their attempt to comply ing Board inquiry if the inquiry would ``serve nities supported the Good Friday Agreement with the Good Friday Agreement's instruction no useful purpose.'' The bill completely pro- and all that it entailedÐincluding police re- to craft ``a new beginning to policing.'' hibits the Policing Board from looking into any form. The people of Northern Ireland deserve Professor Brendan O'Leary from the London acts that occurred before the bill is enacted. no less than a police service that they can School of Economics and Political Science The British Government's Police Bill also trust, that is representative of the community it testified that the pending Policing Bill is ``a denies the Ombudsman authority to inves- serves, and that is accountable for its actions. poorly disguised facade'' that does not imple- tigate police policies and practices and re- In conclusion Mr. Speaker, let me point out ment the Patten report. He said it was ``men- stricts her ability to look at past complaints to my colleagues that it was two years ago daciously misleading'' for Northern Ireland's against police officers. And the bill restricts the this week that human rights defense attorney Secretary of State, Peter Mandelson, to sug- new oversight commissioner to assessing only Rosemary Nelson testified before my sub- gest that this government's bill implements the those changes the British Government agrees committee expressing her deepest held fear Pattern report. to rather than overseeing the implementation that the RUC, which had made death threats Professor O'Leary reported that the bill was of the full range of Patten's recommendations. to her and her family through her clients, improved at the Commons stage, yet he testi- When Mr. Patten himself met without sub- would one day succeed and kill her. The U.N. fied that the British government's bill is still committee, I and many others expressed our Special Rapporteur, Para Cumaraswamy testi- ``insufficient''. He called it a ``bloodless ghost'' disappointment that his report contained no fied at the same hearing that after his inves- of Patten and referred to it as ``Patten light.'' procedure for vetting RUC officers who com- Similarly, Martin O'Brien, Director of the mitted human rights abuses in the past. That tigation in Northern Ireland, he was ``satisfied Committee on the Administration of Justice, an said, we took some comfort that the Commis- that there was truth in the allegations that de- independent human rights organization in Bel- sion at least recommended that the existing fense attorneys were harassed and intimi- fast, expressed his organization's ``profound police officers should affirmatively state a will- dated'' by members of the RUC. disappointment at the developments since the ingness to uphold human rights. Now we learn As many people know, Rosemary Nelson publication of the Patten report.'' He said that that the British Government's bill guts even was killedÐthe victim of an assassin's car ``only a third or less of Patten's recommenda- this minimalist recommendation. bomb just six months after she asked us to tions resulted in proposal for legislative Many of the reforms that the Patten Com- take action to protect defense attorneys in change.'' mission recommended, such as those ad- Northern Ireland. Her murder is now being in- Mr. O'Brien reported that ``a study of the dressing police accountability or the incorpora- vestigated, in part, by the RUCÐthe police draft to confirm the view that government is tion of international human rights standards force she so feared. If the British govern- unwilling to put Patten's agenda into practical into police practices and training, are not ment's Police Bill continues to reject mecha- effect.'' He called the bill ``a very far cry from issues that divide the nationalist and unionist nisms for real accountability, we may never the Patten report'' and said ``despite much lob- communities in Northern Ireland. One must know who killed Rosemary Nelson, and de- bying and extensive changes in the course of ask then, who it is that the Northern Ireland fense attorney Patrick Finucane. And sadly the the parliamentary process to date, there is still Secretary of State is trying to protect or pacify police force may never be rid of those who a long way to go.'' by failing to implement these recommenda- may have condoned, helped cover-up, or even Elisa Massimino, from the Lawyer's Com- tions. took part in some of the most egregious mittee for Human Rights, testified that the bill Our witnesses concluded that the British human rights abuses in Northern Ireland. ``falls far short'' of the Patten recommenda- Government is hiding behind the division be- I strongly urge my colleagues to support this tions. And Dr. Gerald Lynch, the President of tween unionist and nationalists on other measure before us today in order to express John Jay College of Criminal Justice in New issuesÐsuch as what the police service's in the strongest terms possible to the British York and an American appointee to the Patten name and symbols will beÐto avoid making government our support for implementation of Commission, restated the Commissions unani- changes in accountability structures and the full Patten report and its very modest rec- mous support for full implementation and human rights standards for the police. Accord- ommendations for a ``new beginning in polic- warned that ``the recommendations not be ing to Mr. O'Brien, ``these constraints are there ing.'' September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8167

STATEMENT OF GERALD W. LYNCH, PRESIDENT, We held 40 hearings throughout Northern a just and peaceful society where the human JOHN JAY COLLEGE OF CRIMINAL JUSTICE, Ireland—the first and only time such a com- rights of all are fully protected. In recogni- THE CITY UNIVERSITY OF NEW YORK, BE- mission went directly to the public. These tion of its efforts to place human rights at FORE THE COMMISSION ON SECURITY AND CO- hearings were extremely tense. More than the heart of the peace process, CAJ was OPERATION IN EUROPE (THE HELSINKI COM- 10,000 people attended. More than 1,000 spoke. awarded the 1998 Human Rights Prize by the MISSION), SEPTEMBER 22, 2000 Emotions ran high as they described past then 40 Member States of the Council of Eu- Mr. Chairman and distinguished members cruelties and allegations of murder, torture rope. We have a broad remit which covers of the Commission on Security and Coopera- and brutality on both sides. many conflict-related issues such as pris- tion in Europe. I want to thank you for the We listened. We heard the pain. We felt the oners, emergency law, miscarriages of jus- opportunity to present testimony regarding suffering. We understood the need to move tice, and also issues such as fair employ- the work of the Independent Commission on on to a solution to help forge a future in ment, the rights of women and children, peo- Policing for Northern Ireland, commonly Northern Ireland that involved more than ple with disabilities, and the need for effec- known as the Patten Commission. I would endless re-creations of the terrible past. tive government action to prevent racial dis- like to discuss the Policing Bill which is be- We realized early in our deliberations that crimination. fore the British Parliament. whatever we recommended would need to Since our foundation in 1981, we have When I was introduced to the then Sec- pass muster not just in Britain and Ireland worked consistently on issues of policing retary of State for Northern Ireland, Mo but with police organizations worldwide. and, as early as 1995, CAJ argued for an inde- Mowlam, she said to me: ‘‘How did you get Chris Patten said of his work on the Com- pendent international commission to look Ted Kennedy and Ronnie Flanagan to agree mission: ‘‘It was the most difficult, painful, into future policing in Northern Ireland. Ac- on you? (Sir Ronnie Flanagan is the Chief and emotionally draining thing I have ever cordingly we worked hard to ensure that the Constable of the Royal Ulster Constabulary.) done or would ever wish to do.’’ I concur establishment of such a body would be pro- I told the Secretary that I believed they completely. vided for in the Good Friday Agreement. We agree on me because John Jay College has The Patten report provides a framework on welcomed the broad terms of reference given provided training around the world empha- which a police service built on a foundation to the Commission by the Agreement, and sizing human rights and human dignity. of human rights can be achieved. Again I sought to work constructively with the Com- Moreover, John Jay has had an exchange of quote, ‘‘We recommended a comprehensive mission as soon as it came into being, under police and faculty for 30 years with the Brit- program of action to focus policing in North- the chairmanship of the Chris Patten. We ish police, and for more than 20 years with ern Ireland on a human rights-based ap- were fortunate in that we had earlier secured the Garda—as well as an exchange with the proach. funding from the Ford Foundation and oth- R.U.C. for over 20 years. Over that time there Training will be one of the keys to instill- ers to undertake a major comparative re- had been hundreds of meetings and inter- ing a human rights-based approach into both search project into good policing around the actions among British, Irish and American new recruits and experienced police per- world. The findings arising from that study police and criminal-justice experts. The con- sonnel. We recommend that all police offi- underpinned all our work with the Commis- tinuing dialogue had generated an exchange cers, and police civilians, should be trained sion and were, we believe—from a reading of of ideas and technology that was totally pro- . . . in the fundamental principles and stand- the recommendations—useful to the Com- fessional—and totally non-partisan. ards of human rights and the practical impli- mission in its work. Many of John Jay’s exchange scholars cations for policing. . . . We recommend the In testimony in September 1999 to Con- have risen to high ranks in Britain, Ireland human rights dimension should be inte- gress on the findings of the Patten Commis- and America. The current Commissioner of grated into every module of police training’’. sion, we concluded that: ‘‘CAJ believes that, the police of New Scotland Yard, Sir John Another core issue which has not received in general terms, the Commission has made Stevens, was the exchange scholar at John the attention of the media is the Patten a very genuine and constructive effort to Jay for the Fall of 1984. Commission’s recommendation that a new meet the difficult task imposed on it by the I am honored to have been selected to be a police college be established in Northern Ire- Agreement. They have put forward many member of the Patten Commission. land. Central to any organizations ability to thoughtful and positive recommendations The Patten Report states that: ‘‘the oppor- imbue its members with a focus on human about the way forward. Most importantly of tunity for a new beginning to policing in rights is a facility at which to conduct the all, they have recognized (as did the Agree- Northern Ireland with a police service capa- necessary work and an appropriate cur- ment itself) that just as human rights must ble of attracting and sustaining support from riculum. An educated police officer is a bet- be at the heart of a just and peaceful society the community as a whole . . . cannot be ter police officer. in Northern Ireland, it must be at the heart achieved unless the reality that part of the The Patten Report stated: ‘‘as a matter of of future policing arrangements.’’ community feels unable to identify with the priority, . . . all members of the police serv- CAJ went on, however, to outline for Con- present name and symbols associated with ice should be instructed in the implications gress, some of the serious reservations we, the police is addressed. . . . our proposals for policing of the Human Rights Act 1998, and other human rights groups, had regard- seek to achieve a situation in which people and the wider context of the European Con- ing the omissions from the Patten report. can be British, Irish or Northern Irish, as vention on Human Rights and the Universal Amongst other things, we expressed concern they wish, and all regard the police service Declaration of Human Rights. Human dig- as to the feasibility of bringing about real as their own. nity training, along the lines of that offered changes to policing if emergency powers are We therefore recommend: by John Jay College in New York to the New still retained, if plastic bullets are still de- The Royal Ulster Constabulary should York Police Department and police services ployed, and if officers, known to have com- henceforth be named the Northern Ireland from some fifty countries, should also be mitted human rights abuses in the past, re- Police Service. provided. Like community awareness train- main as serving officers. That the Northern Ireland Police Service Despite these important shortcomings, ing, human rights and human dignity should adopt a new badge and symbols which are en- however, the main thrust of our submission not be seen as an add-on to training, but as tirely free from any association with either at that time was to urge Congress to use its a consideration affecting all aspects of train- the British or Irish states (We not that the best offices to push for speedy implementa- ing.’’ (Chapter 16.21) Assembly adopted a crest acceptable to all tion of the positive recommendations arising The recommendations of the Patten Com- parties, namely, the symbol of the flax) from Patten. Though Patten’s recommenda- mission were unanimous. It is crucial that That the union flag should not longer be tions did not address everything that was the recommendations not be cherry picked flown from police buildings needed for genuine change, they gave a clear but be implemented in a cohesive and con- That, on those occasions on which it is ap- framework within which change could occur, structive manner. The people of Northern propriate to fly a flag on police buildings, and they pointed all those interested in fun- Ireland deserve no less than this new begin- the flag should be that of Northern Ireland damental reform in the right direction. Police Service, and it, too, should be free ning for policing. Any significant modifica- Unfortunately, as we said in our earlier from association with the British or Irish tions will deprive them of this long awaited testimony ‘‘implementation is everything’’, states’’. police service capable of sustaining support and in that context, CAJ must report to Con- The Patten Commission worked for 15 from the community as a whole. gress our profound disappointment at devel- months. We sought the best professional opments since the publication of the Patten models and practices for policing a divided STATEMENT BY MARTIN O’BRIEN, COMMITTEE report. Our concerns about implementation society in a democracy. We held meetings ON THE ADMINISTRATION OF JUSTICE, BEL- are twofold. First, many of the changes Pat- not only in Belfast, Dublin, and London but FAST, BEFORE THE U.S. CONGRESS REGARD- ten called for are long over-due, and speed is in New York. Washington, California, Can- ING POLICING IN NORTHERN IRELAND, FRI- of the essence. Second, and as important, a ada, Belgium, Spain and South Africa. From DAY, 22 SEPTEMBER 2000 hesitant or unwilling approach to major the beginning, we met with the police, cler- Thank you for your invitation to testify change—which is what we are experiencing— gy, politicians, civil-libertarians and com- today. The Committee on the Administra- feeds fears that change will be short-lived, munity groups. We went to police head- tion of Justice (CAJ) is an independent and indeed will be under-mined over the quarters. We visited every police sub-station human rights organisation which draws its longer term. in Northern Ireland. We literally talked to membership from across the different com- One of the key findings of our earlier inter- thousands of police officers. munities in Northern Ireland. CAJ works for national research was that political will is H8168 CONGRESSIONAL RECORD — HOUSE September 26, 2000 always a determining factor in preventing or If government does want to implement 1. Urge the Prime Minister, Tony Blair, to facilitating successful change. Initially, it Patten, as it says it does, why is it still re- amend the draft legislation to ensure that it seemed to observers that the necessary polit- sistant to a whole range of important safe- reflects both the letter and spirit of Patten. ical will did in fact exist within government guards which Patten called for? Why is it im- Urge that the legislation conform in par- for change. Yet, since the publication of the possible to get government agreement to in- ticular, to Patten’s exhortation that ‘‘the Patten report, the signs have been ominous. clude explicit reference in the legislation to fundamental purpose of policing should be, Patten called for the speedy appointment a broad range of international human rights in the words of the Agreement, the protec- of an Oversight Commissioner to oversee the norms and standards? What reason can there tion and vindication of the human rights of pace and nature of change. The Commission be for the government denying any role to all’’. Congress should make it clear that fu- said ‘‘we believe that a mechanism is needed the NI Human Rights Commission in advis- ture US–UK policing cooperation is depend- to oversee the changes required of all those ing on the police use of plastic bullets? Why ent to a large extent on Patten’s rec- involved in the development of the new po- are effective inquiry powers for the Policing ommendations being fully implemented. licing arrangements, and to assure the com- Board consistently opposed? Why is the Sec- 2. Congress should urge the UK and Irish munity that all aspects of our report are retary of State so adamant that the Police governments to recognise the importance of being implemented and being seen to be im- Ombudsperson cannot have the powers to in- greater external oversight of the transition plemented’’. This recommendation was ac- vestigate police policies and practices that process, and ask that the Oversight Commis- cepted by government, but Tom Constantine Patten called for? Why was the appointment sioner be accorded the resources and remit was only appointed on 31 May 2000—almost of the Oversight Commissioner so long de- necessary to this vital work. nine months after the Patten report was layed, and why is his term of office so cur- 3. Congress should commit itself to moni- published. This tardy appointment meant tailed in the legislation? toring developments closely in the coming that the Commissioner was excluded from There will be some that claim that govern- months, and urge the US Administration to scrutinising the draft legislation, played no ment cannot move fast on certain issues, do the same. Congress may, for example, part in the detailed Implementation Plan precisely because Northern Ireland is di- want to consider holding further Hearings in prepared by the Northern Ireland Office and vided, and policing is a very divisive issue. due course to receive a progress report on de- the policing establishment, and has still to While there are, of course, many contentious velopments. appoint staff, take on a public profile, and issues (the name and symbols, for example), To conclude, I hardly need to remind the produce his first report. none of the important issues listed above di- Chairperson that, defence lawyer and CAJ Given this delay, any change that has vide nationalist and unionist. They do, how- executive member, Rosemary Nelson, testi- taken place to date has been dictated by ever, clearly divide those who want to defend fied before him and other members of Con- those who have been responsible for policing the status quo, from those who want a police gress on issues of policing almost two years over the last 30 years and who have resisted service that is impartial, representative, and ago—on the 29 September 1998. change in the past. Only a third or less of accountable—able and willing to ensure that The concerns she raised in her testimony, Patten’s recommendations resulted in pro- the rule of law is upheld. her terrible murder a short while later, and posals for legislative change, so that the vast Some of the obstacles to real change can the subsequent police investigation, remind majority of the programme of change has be detected by a study of the parliamentary us—if we need reminding—that policing been left to the discretion of senior civil record. A government minister, in the course change in Northern Ireland is not an ab- servants, and the Chief Constable. Indeed, of the Commons debate, resisted any amend- stract or intellectual debate. It is about the much of the change—whether in terms of po- ments that sought to make policing subject lives of real people. We must bring about po- lice training, police re-organisation, or in to international human rights and stand- licing change in Northern Ireland; and we terms of crucial decisions relating to Special ards. He said: ‘‘Some appalling human rights must ensure that that change is right. Everything that the US Congress can do to Branch, detention centres, the use of plastic abuses . . . take place around the world. help those of us on the ground secure such bullets, or the extent of stop-and-search ac- Those low standards should not be compared change will, as always, be greatly appre- tivities—lies largely at the discretion of the with the past activities of the RUC . . . The RUC carried out a difficult job, often in ciated. Chief Constable alone. Only with the ap- Thank you. pointment of a new Policing Board (the po- impossible circumstances. Such comparisons litical composition of which is as yet uncer- as might be made in the light of the amend- TESTIMONY OF ELISA MASSIMINO, DIRECTOR, tain), and/or an active and high profile Over- ment could cause unnecessary offense. We WASHINGTON OFFICE, LAWYERS COMMITTEE sight Commissioner, will people outside the might reasonably say that, against the FOR HUMAN RIGHTS, ON PROTECTING HUMAN policing establishment be able to influence norms in question, the RUC has a good RIGHTS AND SECURING PEACE IN NORTHERN or assess the extent of real change underway. record on human rights’’. Government ap- IRELAND: THE VITAL ROLE OF POLICE RE- The slowness in appointing an external pears to reject out-of-hand the many past re- FORM, SEPTEMBER 22, 2000 Oversight Commissioner has left government ports of the United Nations, and respected I. INTRODUCTION open to the charge that the nature and pace international non-governmental organiza- of change has been deliberately left in the tions, which criticised the RUC. This stance Chairman Smith and members of the Com- hands of those who have so mis-managed po- presumably explains the legislation’s failure mission, thankyou for inviting me to testify licing in the past. This charge is not easily to address the legacy of the past. Yet, if gov- today. You have been a true champion of refuted. A study of the draft legislation, for ernment is unwilling to admit past problems, human rights in the Congress, and you and example, merely seems to confirm the view can the necessary change occur? your dedicated staff have done so much to that government is unwilling to put Patten’s CAJ’s fears about the pace and nature of shine a spotlight on human rights problems agenda into practical effect. The draft legis- policing change are further heightened by in Northern Ireland and around the world. lation first presented to the House of Com- the government’s approach to the separate Your leadership on these issues has made a mons in May was a very far cry from the but complementary Chemical Justice Review real difference. We want to take this oppor- Patten report, and despite much lobbying, (also established as part of the Good Friday tunity to commend you for this important and extensive changes in the course of the Agreement). The interrelationship between work, and to thank you. parliamentary process to date, there is still policing and the criminal justice system is The Lawyers Committee for Human Rights a long way to go. (I would like, with the self-evident. Accordingly, it is extremely dis- has been working to advance human rights Chair’s permission, to have read into the turbing to have to report to Congress that in Northern Ireland since 1990. We have pub- record two commentaries on the legislation. CAJ has serious concerns about the nature lished a number of reports about the intimi- One is a short CAJ briefing on the major out- and pace of change proposed in the criminal dation and murder of defense lawyers in standing concerns in the policing legislation, justice sphere also. A new appointment sys- Northern Ireland, with particular focus on and the other is a detailed series of amend- tem for judges, changes to the prosecution the cases of solicitors Patrick Finucane and ments which CAJ believes must be intro- service, and a re-vamping of the criminal Rosemary Nelson. As you know well, the pre- duced if the legislation is to faithfully re- justice system generally, are long-overdue carious situation of defense lawyers in flect Patten). changes. The government timetable clearly Northern Ireland is closely linked to the Of course, to judge by official government does not recognise any urgency; CAJ, how- emergency law system and to the conduct of statements, one would have thought that ever, feels that Northern Ireland cannot af- the police. For the last year and a half, we government was fulfilling Patten in its first ford any further delay. have paid special attention to the peace draft legislative text in May. The same Of course, change is inevitably difficult; process in Northern Ireland and, in par- claim—to be fulfilling Patten—was still and change of the scale and nature required ticular, the central issue of police reform. being asserted in July (when, by its own ad- in Northern Ireland is particularly difficult. We appreciate the opportunity to be here mission, it had already made 52 substantive We urge the US Congress to use its best today to share with you our views on the sta- changes to bring the initial draft in line with endeavours to lend its support to the UK and tus of efforts by the British Government to Patten). Further amendments have again Irish governments as they work, with local implement the recommendations made by been promised in the next few weeks, prior politicians, to develop a more just and peace- the Patten Commission. to the House of Lords debate. However, on ful society in Northern Ireland. In par- II. THE PATTEN COMMISSION RECOMMENDATIONS the basis of CAJ’s understanding to date, the ticular, we hope that Congress would work, AND THE PENDING POLICE BILL changes that are to be offered will still not both directly, and—as appropriate—in con- The Patten Commission’s mandate was as deliver the Patten agenda. junction with the US Administration, to: ambitious as it was critically important to September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8169 Northern’s Ireland’s future. The Good Friday the Oversight Commissioner. These two doc- will require having a process for addressing Agreement called on the Commission to pro- uments, which purport to guide the imple- past violations. Because we believe that fu- pose a new structure for policing in Northern mentation of the Patten Commission rec- ture progress in developing a rights-sensitive Ireland that would make the police service ommendations, appear now to be the meas- police force in Northern Ireland depends on accountable, representative of the society in uring stick by which the Oversight Commis- breaking the existing cycle of impunity, we policies and reflective of principles of human sioner intends to judge implementation. And urged the Patten Commission to make rec- rights. (The Agreement, Policing and Jus- yet these plans—the Government’s and the ommendations to the British Government in tice, para. 2) RUC’s—do not themselves fully implement two specific cases: the 1989 murder of Patrick Although we were disappointed that the the Patten Commission recommendations. Finucane and the murder of Rosemary Nel- Patten Commission did not directly address This seems to us to relegate the role of the son last year. We regret that the Commis- some key issues, such as the continued use of Oversight Commissioner to that of making sion’s report was silent with respect to these emergency powers, which provides the breed- sure that the police follow through on the cases. While we understand Mr. Patten’s con- ing ground for many of the human rights changes they decide they want to under- clusion that the Commission’s work was abuses that persist in Northern Ireland, we take—a far cry from ensuring that the Pat- ‘‘forward-looking,’’ our own experience in believe that, on the whole, the Patten Com- ten Commission reforms are truly imple- situations such as these has been that soci- mission successfully integrated human mented. eties cannot reconcile until the legacy of rights principles into its program for reform. C. Reference to international human rights past abuses is squarely confronted. Although The Patten Commission Report provides a standards it is clear that not all of these abuses can be clear roadmap for building an effective and Although the British Government has re- addressed or rectified, there are certain publicly-supported police force. If the British peatedly asserted that it ‘‘recognizes the im- cases that embody the most profoundly en- Government were to fully implement the portance of human rights,’’ its ongoing re- trenched practices and problems that the Patten Commission’s recommendations, it sistance to inserting reference to inter- peace process seeks to overcome. If a solid could make Northern Ireland a model for national human rights standards into the foundation for the future is to be laid, these other civil societies transitioning from con- language of the Police Bill raises serious cases must be resolved. flict to peace. questions. The conduct of police in Northern For this reason, we urge the Helsinki Com- But unfortunately, the British Govern- Ireland has been the subject of numerous re- mission to continue its vigilant attention to ment has taken a different path. Despite ports by non-governmental human rights or- the Finucane and Nelson case, at the same more than 50 substantive amendments, the ganizations and UN bodies, including by time as it examines broader reforms pro- bill now pending in Parliament that is meant Dato’ Param Cumaraswamy, the UN Special posed by the Patten Commission. Because I to implement the Patten Commission rec- Rapporteur on the Independence of Judges know you share our keen interest in these ommendations falls far short of doing so. and Lawyers. Many of these reports have two cases, Chairman Smith, I will devote the There are serious deficiencies in the legisla- concluded that police conduct in Northern remainder of my testimony to summarizing tion now under consideration, many of which Ireland violates internationally recognized the current status of those cases. have been discussed in detail by my col- human rights standards. Chairman Patten, A. Patrick Finucane leagues on this panel. But I would like to in his statement accompanying the release Now is a critical moment in the struggle highlight three issues regarding the Police of the Commission’s report, highlighted the Bill that are of particular concern to the for justice in the Finucane case. As you central importance of human rights stand- know, the Lawyers Committee has done ex- Lawyers Committee for Human Rights be- ards to the Commission’s approach to police cause they directly undermine the central tensive research into the circumstances sur- reform: ‘‘We recommend a comprehensive rounding the murder and has concluded that principles of accountability and human programme of action to focus on policing in rights around which the Patten Commission there is compelling evidence to suggest that Northern Ireland on a human rights-based British Army intelligence and the RUC were recommendations revolve. Last month in a approach. We see the upholding of funda- letter to Peter Mandelson, the Secretary of complicit in the murder. Three weeks ago, mental human rights as the very purpose of Prime Minister Tony Blair met with the State for Northern Ireland, we raised these policing, and we propose that it should be in- and other concerns in detail. I would like to family of Mr. Finucane. The meeting was stilled in all officers from the start—in the brokered by Taoiseach Bertie Ahern, who submit a copy of that letter, dated August oath they take, in their training, and in 16th, for your review and for the record. himself endorsed an independent inquiry their codes of practice and in their perform- after meeting with the Finucane family in A. Limitations on the policing board and police ance appraisal system.’’ In light of this clear February. During that meeting, Mr. Ahern ombudsman statement of the human rights foundations was provided with a new report by British The Policing Board and the Police Om- of the Patten Commission’s recommenda- Irish Rights Watch (BIRW) that details fur- budsman are entities intended to be respon- tions, the failure to incorporate reference to ther credible evidence of collusion. Although sible for monitoring police conduct. The cur- international human rights standards into the same report was provided to the British rent Police Bill, however, places crippling the Police Bill is striking. Government, there has yet to be a reply to limitations on these bodies that would sig- The failure of the British Government to the substance of the allegations in the re- nificantly reduce their effectiveness. For ex- adequately address these concerns with the port. ample, the Bill would undermine the Polic- Police Bill, combined with the slow pace of Nonetheless, during the meeting this ing Board’s ability to conduct reviews of on- other reform measures, has already led to an month with Prime Minister Blair, members going police operations. Likewise, the Bill erosion of confidence in the ongoing process of the Finucane family, along with Paul fails to clearly provide the authority for the and doubts about the Government’s inten- Mageean from CAJ and Jane Winter from Police Ombudsman to investigate police tions. Many who support reform have begun BIRW, presented the BIRW report and other practices and policies, in addition to allega- to wonder whether the Government is aban- information supporting the allegation of of- tions of past abuse. A credible system of in- doning its stated intention to fully imple- ficial collusion in the murder of Mr. vestigation and inquiry into alleged abuses ment the Patten Commission recommenda- Finucane. Mr. Blair appeared to be deeply and abusive practices is one of the best tions. This perception will have serious con- concerned by the allegations and pledged guardians against such practices. But if the sequences for the long-term prospects for that he would read and consider all the evi- Police Bill is approved in its current form, peace. For example, under the Patten Com- dence. He conveyed to the Finucane family with significant limitations on the powers of mission proposals, 600 police officers were that he ‘‘personally’’ wants to know if the al- the Policing Board and Ombudsman, the ca- supported to volunteer to retire by the end legations are true and would put anyone pacity for creating such a system will be se- of next month. This proposal was based on guilty of collusion ‘‘out of a job.’’ verely limited. the assumption that adequate compensation On September 8th, we wrote a letter to B. The oversight commissioner would be offered as an incentive to retire. Prime Minister Blair to urge him to author- Implementation of the Patten Commission But so far, only 91 officers have come for- ize an independent inquiry. As we stated in reforms was thought by no one to be a sim- ward to volunteer. According to a Police the letter, ‘‘We firmly believe that such an ple task, which is why the position of Over- Federation spokesman quoted in a recent ar- independent public inquiry will serve both to sight Commissioner was viewed as so impor- ticle in the Daily Telegraph, the Government help learn the truth about the circumstances tant. But the long delay in appointing an in- has stated that no officer should benefit be- surrounding the murder and to publicly con- dividual to serve in that post, and the limi- yond the sum they would earn if they re- firm [the British] government’s commitment tations that have been placed on his man- mained on the force. When the Police Fed- to establishing official accountability for date, create formidable barriers to his effec- eration asked the Government what incen- human rights abuses.’’ I have included a tiveness. In part due to the delay in his ap- tive this would give officers to retire, they copy of our letter to Prime Minister Blair pointment, the Oversight Commissioner has were not given a credible answer. I would ask with my testimony and ask that it be in- played no role in the process of drafting the that a copy of this September 10th article be cluded in the record. Police Bill. The British Government pub- included in the record of this hearing. Establishment of an independent inquiry lished its Implementation Plan before the III. BREAKING THE CYCLE OF IMPUNITY would be a significant breakthrough, and we Oversight Commissioner was even appointed; As so many societies transitioning from urge you, Chairman Smith, and your col- the RUC likewise came up with its own conflict to peace have learned, building a leagues in the Congress to do all you can to ‘‘Programme for Change’’ with no input from culture of human rights and accountability encourage Mr. Blair to make this decision. H8170 CONGRESSIONAL RECORD — HOUSE September 26, 2000 A look at the current status of the Stevens by a car bomb on March 15, 1999. Prior to her ment to creating a representative and ac- investigation reveals how desperately nec- death, Ms. Nelson received numerous death countable police force for Northern Ireland’s essary such an independent inquiry is in this threats, including those made by RUC offi- future. Thank you. case. The current 18 month-long inquiry is cers relayed through her clients. Ms. Nelson the third such investigation by Mr. Stevens, never received government protection de- WHY FAILING TO IMPLEMENT THE PATTEN who began the first of these investigations in spite many appeals made to the Northern REPORT MATTERS 1990. Ireland Office and the RUC to protect her (By Professor Brendan O’Leary) As we have testified previously, we believe life, including those made by Dato’ Param The present political position in Northern Ire- the Steven’s investigation is inadequate and Cumaraswamy, United Nations Special land lacks the capacity to uncover the truth Rapporteur on the Independence of Judges The Belfast Agreement of April 10, 1998 was about allegations of official collusion in the and Lawyers. During the time that Ms. Nel- a major achievement (O’Leary 1999a). Novel murder. As you may recall, we reported to son became a target of official harassment, institution-building was flanked by peace you last March that Mr. Steven had arrested she herself became an outspoken critic of the and confidence-building processes involving and brought murder charges against William RUC, and, thanks to you Chairman Smith, cease-fires by paramilitary organisations, Stobie, a former UDA quartermaster who was able to bring her case all the way to the the release of their incarcerated prisoners, worked or RUC Special Branch, in June 1999. U.S. Congress. At that time, she expressed and commitments to protect human rights, At Mr. Stobie’s bail hearing, lawyer for the deep fear regarding her safety and that of entrench equality, demilitarise the region, Crown told the high court that recent state- her family. assist in decommissioning by the proxies of ments made by journalist Neil Mulholland The current criminal investigation of Ms. paramilitaries, and the reform of the admin- led to Stobie’s arrest. However, Mr. Stobie’s Nelson’s murder is lead by London detective istration of justice and policing. lawyer revealed at the bail hearing that Colin Port and has been underway for almost Implementing the Agreement was always Stobie had been interviewed in 1990 for more a year and a half. To date, the investigation going to be difficult. But as I deliver this tes- than 40 hours by members of the RUC Spe- team has taken 1,700 statements, spoken to timony just four items, all in the domain of cial Branch. These interviews, which in- more than 7,000 potential witnesses and un- confidence-building, await full or effective cluded Stobie’s confession to supplying the earthed 7,000 lines of inquiry, but has yet to beginnings in implementation. These are: weapons used in the murder, were tran- charge anyone in connection with the mur- 1. Decommissioning by republican and loy- scribed and have been available to the au- der. Because Mr. Port’s investigation is lim- alist paramilitaries; thorities since 1990. Among other things, ited to the specific circumstances of the 2. The reform of the system of criminal these notes identify the names of the mem- murder, we do not believe that his team can justice; bers of the RUC Special Branch who had effectively address the larger issue of who 3. Demilitarization; and been warned about the murder. At that time, authored the crime and whether official col- 4. Policing reform. the authorities never charged Stobie with lusion was involved. Furthermore, Mr. Port These items are inter-linked. Full demili- murder, and the Director of Public Prosecu- does not address the threats made against tarization and full decommissioning are mu- tions dropped unrelated firearms charges Ms. Nelson by RUC officers, and this practice tually interdependent. Decommissioning— against him in 1991. continues today. the timetable for which has been postponed Since the last congressional hearing into In the past we have expressed concern re- by the agreement of the parties who made these matters, the charges against Mr. garding the British Government’s inadequate the Agreement—is seen in republican circles Stobie have been lessened to aiding and abet- response to Ms. Nelson’s situation, not only as conditional on the UK government ful- ting murder. We have also learned that a key regarding the failure to provide her protec- filling its public promises to implement the witness in the prosecution of Mr. Stobie may tion but also to discipline those officers al- Patten Report. A specific promise is said to no longer be available and the charges leged to have harassed her. We believe that have been given to that effect in Spring against Mr. Stobie may be dropped entirely. both of these issues must be addressed if the 2000—amidst negotiations that linked police If brought to trial, Mr. Stobie reportedly in- new accountability structures established by reform, decommissioning and the lifting of tends to reveal the full extent of the RUC’s the Police Bill are to be effective. the suspension of the Agreement’s institu- involvement in the murder of Mr. Finucane. In particular, the new Police Ombudsmen tions unilaterally imposed by the UK Sec- This past August, Mr. Steven’s team, now office must be able to have full power and retary of State in February (a measure that directed by Commander Hugh Orde, seized independence to investigate complaints in many eyes breached international law). thousands of intelligence documents from against the new police force. As we have The UK government states that it is imple- British army headquarters revealing new shared with you in previous testimonies, the menting the Patten Report in full. Indeed its evidence of Loyalist and military collusion RUC’s investigation into Ms. Nelson’s com- Prime Minister, the Secretary of State for in the murder of Mr. Finucane that report- plaints were found to be inadequate and un- Northern Ireland, and the Explanatory Notes edly will be used to arrest new suspects. This satisfactory by the Independent Commission issued by the Northern Ireland Office accom- new development contrasts with the 1995 de- for Police Complaints (ICPC). The file sent panying the Police Bill currently before the cision of the Director of Public Prosecutions to the Director of Public Prosecution failed UK Parliament, flatly declare their inten- not to prosecute anyone from the military. to provide sufficient evidence to support tion to give effect to the recommendations This decision was reached despite evidence of prosecution or discipline and these officers of the Patten Commission. That has not been collusion arising out of information relating still serve as police officers. Colleagues of true, and is still manifestly not true. to Brian Nelson, a double agent recruited by Ms. Nelson viewed hers as the ‘‘test case,’’ In contrast the UK government often im- British Army Intelligence while he served as and Ms. Nelson allegedly filed her complaint plies, usually in off-the-record briefings, that chief intelligence officer for the Ulster De- to test the adequacy of the system. To be ef- it cannot implement the Patten Report in fense Association. The recent discovery of fective, the new Ombudsman will have the full because of the ‘security situation’. This these intelligence documents also suggests added challenge of proving to those subject more honest position, albeit in dissembling the involvement of Brigadier John Gordon to police harassment that they can place contradiction with its official one, would Kerr. Mr. Kerr, now a British military atta- their confidence in the investigation mecha- have credibility if the necessary preparatory che in Beijing, oversaw Brian Nelson at the nism. legislative and managerial steps to imple- time of the Finucane murder and allegedly Our deep concern regarding accountability ment Patten in full when the security situa- gave testimony during the inquest of Mr. mechanisms in Northern Ireland has intensi- tion is satisfactory had been taken. They Finucane under the pseudonym Colonel J. fied since we recently learned that another have not. Despite compelling evidence that appears lawyer was under threat and has been the Why the Patten Report was necessary, and its to suggest the identities of the intellectual target of harassment and threats by the recommendations authors of the murder, the Stevens inquiry RUC. Solicitor Padraigan Drinan was Rose- Policing has been so controversial that the continues to drag on. Establishment of an mary Nelson’s colleague and took on some of parties to the Agreement could not concur independent inquiry would finally ensure Ms. Nelson’s cases after her death. To those on future arrangements (McGarry and that the allegations of official collusion in who want to focus on the future, I would like O’Leary 1999). The former Irish prime min- the murder are squarely addressed. to emphasize that today that the British ister, Dr. Garret FitzGerald, has described government still has the opportunity to B. Rosemary Nelson policing in Northern Ireland as having the avert another tragedy. But it must make In addition to the Finucane case, the Law- status of Jerusalem in the Israeli-Pales- sure that it learns the lesson from past er- yers Committee also believes that the Brit- tinian peace process (FitzGerald 2000). The rors and uses them to correct a system that ish Government should authorize an inde- parties did agree the terms of reference of an has completely failed to protect its citizens pendent inquiry into the murder of defense Independent Commission on policing, even- against police abuse. lawyer Rosemary Nelson. We view resolution tually chaired by Christopher Patten, a of her case as essential to the success of new IV. CONCLUSION former Conservative minister in the region accountability mechanisms in Northern Ire- Lasting peace cannot take hold in North- and now a European Commissioner. land. ern Ireland until the British Government To have effective police rooted in, and le- As you are aware, Mr. Chairman, Loyalist demonstrates the willingness and ability to gitimate with, both major communities was paramilitaries claimed responsibility for the secure justice for the families of Rosemary vital to the new settlement. It would per- murder of Rosemary Nelson, who was killed Nelson and Patrick Finucane and a commit- suade all citizens that law enforcement September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8171 would be applied impartially, help extirpate 50:50 ratio of cultural Catholics and cultural Democratic Accountability. Patten envis- that species of paramilitarism that is becom- Protestants to three years, requiring the aged a strong, independent and powerful ing an exclusively criminal enterprise, and Secretary of State to make any extension, Board to hold the police to account, and to foster a law-abiding climate in which to con- and was silent on ‘aggregation’, Patten’s replace the existing and discredited Police duct business. proposed policy for shortfalls in the recruit- Authority (Patten, 1999:para 6.23), and rec- Eight criteria for policing arrangements ment of suitably qualified cultural Catho- ommended an institutional design to ensure were mandated in the Belfast Agreement. lics. that policing would be the responsibility of a They were to be: Freedom for partisan control. Patten pro- plurality of networked organizations rather 1. Impartial; posed a Policing Board consisting of 10 rep- than the monopoly of a police force. The po- 2. Representative; resentatives from political parties, in pro- lice would have ‘operational responsibility’ 3. Free from partisan political control; portion to their shares of seats on the Execu- but be held to account by a powerful Board, 4. Efficient and effective; tive, and 9 members nominated by the First and required to interact with the Human 5. Infused with a human rights culture; and Deputy First Ministers. These rec- Rights Commission, the Ombudsman and the 6. Decentralised; ommendations guaranteed a politically rep- Equality Commission. 7. Democratically accountable ‘at all lev- resentative board in which neither unionists The Bill radically watered down Patten’s els’; and nor nationalists would have partisan control. proposals, empowering the Secretary of 8. Consistent with the letter and the spirit The original Bill introduced a requirement State to oversee and veto the Board’s pow- of the Belfast Agreement. that the Board should operate according to a ers, empowering the Chief Constable to The Patten Commission engaged in exten- weighted majority when recommending an refuse to respond to reasonable requests sive research and interaction with the af- inquiry. Given known political dispositions from the Board, preventing the Board from fected parties, interest groups and citizens, this was tantamount to giving unionist and making inquiries into past misconduct, and and published its report in September 1999. It unionist-nominated members a veto over in- obligating it to have a weighted majority be- did not, and could not, meet the hopes, or quiries, i.e. partisan political control, and fore inquiring into present or future mis- match the fears, of all; but the Commis- therefore a direct violation of Patten’s terms conduct. Astonishingly this led the existing sioners, a distinguished and representative of reference. discredited Policing Authority, correctly, to array of domestic and international per- Efficient and effective policing. Patten condemn the Bill, a response that no one sonnel, undoubtedly met the terms of ref- avoided false economies when recommending could have predicted when the UK Govern- erence of the Agreement (O’Leary 1999b). a down-sizing of the service, advocated a ment welcomed Patten. The Patten Report was a thorough, careful strong Board empowered to set performance Matching the Agreement? Patten was con- and imaginative compromise between union- targets, and proposed enabling local District sistent with the terms of reference and spirit ists who maintained that the existing RUC Policing Partnership Boards to engage in the of the Belfast Agreement. The original Bill already met the terms of reference of the market-testing of police effectiveness. was not, being incompatible with the ‘parity Agreement and those nationalists, especially The original Bill empowered the Secretary of esteem’ and ‘rigorous impartiality’ in ad- republicans, who maintained that the RUC’s of State, not the Board, to set performance ministration promised by the UK Govern- record mandated its disbanding. The Report targets, made no statutory provision for dis- ment. Manifestly it could not encourage was not, however, simply designed to address banding the police reserve, and deflated the ‘widespread community support’ since it fell the concerns of policing Northern Ireland. It proposed District Policing Partnership far short of the compromise that moderate applied state-of-the-art managerial and Boards—apparently because of assertions nationalists had accepted and that Patten democratic thinking in its recommendations that they would lead to paramilitaries being had proposed to mark a ‘new beginning’. (O’Leary 1999b). subsidized by tax-payers. Waiting for Explanations. What explains The UK Government welcomed the Patten Human Rights Culture. Patten proposed the radical discrepancy between Patten and Report and promised to implement it. How- that new and serving officers should have the original Bill? ever the Police Bill presented to Parliament knowledge of human rights built into their The short answer is that the Bill was draft- in the Spring of 2000 was an evisceration of training, and re-training, and their codes of ed by the Northern Ireland Office’s officials Patten, and condemned as such by the SDLP, practice. In addition to the European Con- under Secretary of State Peter Mandelson’s Sinn Fein, the Womens’ Coalition, the vention, due to become part of UK domestic supervision. They appeared to ‘forget’ that Catholic Church, non-governmental and law, the Commission held out international the terms of reference came from the Belfast Agreement, and that Patten’s recommenda- human rights organizations, such as the norms as benchmarks: ‘‘compliance . . . with tions represented a careful and rigorous com- Committee on the Administration of Justice. international human rights standards . . . promise between unionists and nationalists. It was also criticized by the Irish Govern- are . . . an important safeguard both to the Indeed they appear to have treated the Pat- ment, the U.S. House of Representatives (H. public and to police officers carrying out ten Report as a nationalist report which Res. 447, 106th Congress), and a range of Irish their duties’’ (Patten, 1999, para 5.17). Pat- they should appropriately modify as benign Americans, including apparently, President ten’s proposals for normalizing the police— mediators. Clinton. through dissolving the special branch into Even though Patten explicitly warned To demonstrate the veracity of the critics’ criminal investigations—and demilitarizing against ‘cherry-picking’ the Secretary of complaints let me briefly compare some of the police met the Agreement’s human State and his officials believed that they had Patten’s recommendations with the original rights objectives. the right to implement what they found ac- Bill. The original Bill was a parody of Patten. ceptable, and to leave aside what they found Impartiality: Patten recommended a neu- The new oath was to be confined to new offi- unacceptable, premature, or likely to cause tral name, the Northern Ireland Police Serv- cers. No standards of rights higher than difficulties for pro-Agreement unionists or ice. The Royal Ulster Constabulary was not those in the European Convention were to be the RUC. a neutral title so it was recommended to go, incorporated into police training and prac- The Bill suggested that the UK govern- period. Patten also recommended that the tice. Responsibility for a Code of Ethics was ment was: display of the Union flag and the portrait of left with the Chief Constable. It explicitly Determined to avoid the police being sub- the Queen at police stations should go—sym- excluded Patten’s proposed requirement that ject to rigorous democratic accountability, bols in his view should be ‘free from associa- the oath of service ‘respect the traditions Deeply distrustful of the capacity of the tion with the British or Irish states’. These and beliefs of people’. Normalization and de- local parties to manage policing at any level, recommendations were a consequence of Pat- militarization were left unclear in the Bill and ten’s terms of reference, and of the Agree- and the Implementation Plan. Concerned to minimise the difficulties that ment’s explicit commitment to establishing Decentralization: Patten envisaged ena- the partial implementation of Patten would ‘parity of esteem’ between the national tra- bling local governments to influence the Po- occasion for First Minister David Trimble ditions, and the UK’s solemn commitment to licing Board through their own District Po- and his party, the Ulster Unionists, by ‘rigorous impartiality’ in its administration. licing Partnership Boards, and giving the mininising radical change and emphasising The original Bill proposed that the Sec- latter powers ‘to purchase additional serv- the extent to which the ‘new’ service would retary of State have the power to decide on ices from the police or statutory agencies, or be a mere reform of the RUC. the issues of names and emblems, and there- from the private sector’, and matching police Under pressure the UK Government has re- by ignored Patten’s explicit recommenda- internal management units to local govern- treated: whether to a position prepared in tions. ment districts. advance only others can know, but skilled Representativeness: Patten recommended The original Bill, by contrast, maintained political management is not something I affirmative action to change rapidly the pro- or strengthened centralization in several shall criticise it for. portion of cultural Catholics in the police, ways. The Secretary of State obtained pow- From Evisceration to ‘Patten Light’. Ac- and envisaged a programme of at least ten- ers that Patten had proposed for the First cusing its critics of ‘hype’, ‘rhetoric’ years. Even critics of affirmative action rec- and Deputy First Ministers and the Board, and‘hyerbole’ the UK Government promised ognized the need to correct the existing im- and powers to issue instructions to District to ‘listen’ and to modify the Bill. Mr. balance—in which over 90 per cent of the po- Policing Partnership Boards; and neither the Mandelson declared that he might have been lice are local cultural Protestants. Bill nor the Implementation Plan contained too cautious in the powers granted the Polic- The original Bill reduced the period in clear plans to implement the proposed exper- ing Board. Indeed the Government was sub- which the police would be recruited on a iment in community policing. sequently to accept over 60 SDLP-driven H8172 CONGRESSIONAL RECORD — HOUSE September 26, 2000 amendments to bring the Bill more into line stage in the Commons—needless to say not neutrality would spell a double message: with Patten. This, of course, demonstrated in Patten. The only rational explanation for that the new police is to be everyone’s po- that its original ‘spin’ had been a lie. Since this power is that the Government has cho- lice, and the new police is no longer to be the Bill was so extensively modified—as the sen to compensate itself for the concessions primarily the unionists’ police. This sym- Government now proudly advertises—it con- it made in the Commons Committee when it bolic shift would mightily assist in obtaining firms that the original Bill was radically de- expanded the Board’s remit to be more in representative cultural Catholic recruitment fective in relation to its declared objectives, line with Patten. So what it has given with and in winning consent for the new order for reasons that remain unexplained. one hand, on the grounds that it had been amongst nationalists as well as unionists. The Bill was improved in the Commons too cautious, it has taken away with two Not to follow Patten’s recommendations in Committee stage, but insufficiently. The clumsy feet. these respects would also spell a double mes- quota for the recruitment of cultural Catho- The Secretary of State will additionally sage: that the new police is merely the old lics is now better protected. The Policing have the authority to approve or veto the RUC re-touched, and remains a police linked Board has been given power over the setting person appointed to conduct any inquiry more to British than Irish identity, i.e. a of short-run objectives, and final responsi- (clause 58 (9)). And he intends having power recipe for the status quo ante. bility for the police’s code of ethics. Con- to order the Chief Constable to take steps in Consuequences of Failing to Implement sultation procedures involving the Ombuds- the interests of economy, efficiency, and ef- Patten in Full. Unless the UK Government man and the Equality Commission have been fectiveness, whereas Patten envisaged this makes provision for Patten to be fully imple- strengthened, and the First and Deputy First role for the Board. mented, there will be grave consequences. Ministers will now be consulted over the ap- The UK Government suggests its critics Disaster may come in two forms. Its weak- pointment of non-party members to the are petty. Its line is ‘Look how much we est form is taking shape. The SDLP, Sinn Board. The weighted majority provisions for have done to implement Patten, and how Fein and the Catholic Church are most un- an inquiry by the Board have gone, replaced radical Patten is by comparison with else- likely to recommend that their constituents by the lower hurdle of an absolute majority. where’. This ‘spin’ is utterly unconvincing. consider joining the police, and may well Yet any honest external appraisal of the The proposed arrangements would effec- boycott the Policing Board and District Po- modified Bill must report that it is still not tively seal off past, present and future ave- licing Partnership Boards. That will leave the whole Patten. If the first draft evis- nues through which the police might be held the police without Patten’s promised ‘new cerated Patten, the latest version of presents to account for misconduct; they are recipes beginning’, lacking full legitimacy with just a mostly bloodless ghost. The modified Bill for leaving them outside the effective ambit less than half of the local electorate, an in- rectifies some of the more overt deviations of the law, and of managerial scrutiny. stitutional booby-trap. from Patten, but on the crucial issues of po- And be it noted: Patten is not radical, es- We must not forget that over three hun- lice accountability and ensuring a ‘new be- pecially not by the standards of North Amer- dred police were killed in the current con- ginning’ it remains at odds with Patten’s ex- ica. Canada and the USA have long made flict, but we must also not forget that the plicit recommendations. their police democratically accountable and outbreak of armed conflict in 1969 was partly As the Bill is about to recommence its socially representative. Patten is only rad- caused by an unreformed, half-legitimate po- progress through the Lords, the UK Govern- ical by the past standards of Northern Ire- lice service, responsible for seven of the first ment has started to shift its public relations. land. eight deaths. The new line is that the ‘full Patten’ would Ombudsman. Patten recommended that In its strongest form disaster would de- render the police less effective, e.g., in deal- the Ombudsman should have significant pow- couple nationalists and republicans from the ing with criminal paramilitarism. The impli- ers (Patten, 1999, para 6.42) and should ‘exer- Agreement, and bring down its political in- cation is that anyone who disagrees must be cise the right to investigate and comment on stitutions. Failure to deliver Patten will soft on crime (and its paramilitary causes). police policies and practices’, whereas in the mean that Sinn Fein will find it extremely The new line lacks credibility: Patten com- modified Bill the Ombudsman may make re- difficult to get the IRA to go further in de- bined ‘the new public management’ and ports, but not investigate (so it is not a commissioning. The argument will be: ‘The democratic values in a rigorous formula to crime to obstruct her work). The Ombuds- UK Government has reneged on a funda- ensure no trade-off between effectiveness and man is additionally restricted in her retro- mental commitment under the Agreement so accountability. spective powers (clause 62), once again cir- why should republicans disarm and leave Let me identify just some of the out- cumscribing the police’s accountability for people to be policed by an unreformed serv- standing respects in which the modified Bill past misconduct. ice?’ In turn that will lead to unionist calls fails to implement Patten. Name and Symbols. Patten wanted a police for the exclusion of Sinn Fein from ministe- Oversight Commissioner. Patten rec- rooted in both communities, not just one. rial office, and to a repeat of Mr. Trimble’s ommended an Oversight Commissioner to That is why he recommended that the name gambit used earlier this year: ‘decommission ‘supervise the implementation of our rec- of the service be entirely new: The Northern now or I’ll resign now’. ommendations’. The UK Government has— Ireland Police Service. The day before I flew to Washington I was under pressure—put the commissioner’s of- The Bill, as a result of a Government deci- in Northern Ireland and watched Mr. fice on a statutory basis, which it did not in- sion to accept an amendment tabled by the Trimble in effect repeat this threat in the tend to do originally, but has confined his Ulster Unionist Party, currently styles the Assembly under challenge from his hard-line role to overseeing changes ‘decided by the service ‘The Police Service of Northern Ire- unionist opponents. If decommissioning does Government’. If Mr. Mandelson and his col- land (incorporating the Royal Ulster Con- not happen because of Secretary of State leagues were committed to Patten they stabulary)’. The Secretary of State promised Mandelson’s failure to deliver fully on Pat- would charge the Commissioner with recom- an amendment to define ‘for operational pur- ten, the SDLP will not be able or willing to mending, now or in the future, any legisla- poses’—to ensure that the full title would help prioritize decommissioning, unless it tive and management changes necessary for rarely be used, and that the parenthetic past prefers electoral suicide. The IRA will find it the full and effective implementation of the generally be excluded. He broke this com- difficult to prevent further departures to the Patten Report. That he refuses to do so mitment at Report Stage. Real and Continuity IRAs, except by refus- speaks volumes. In addition the Commis- Secretary of State Mandelson has been ing to budge on arms. In turn that will at sioner’s role currently remains poorly speci- mendaciously misleading in declaring that some stage prompt a resignation threat from fied. Since the Commissioner is a former US he is merely following Patten’s wishes that the First Minister. In short, a second col- policeman. American government pressure the new service be connected to the old and lapse of the Agreement’s institutions looms. might appropriately be directed towards ex- avoid suggestions of disbanding. This line is This vista and worse can and must be plicitly giving his office the remit that Pat- a characteristic half-truth: Patten proposed avoided. ten envisaged. an entirely new and fresh name, and pro- Final thoughts and answers Policing Board. Patten recommended a Po- posed linkages between the old and new serv- It may be thought: ‘‘Is this analysis par- licing Board to hold the police to account, ices through police memorials, and not the tisan?’’; and ‘‘Is not Mr. Mandelson’s conduct and to initiate inquiries into police conduct re-naming proposed by Ken Maginnis, MP, designed to help Mr. Trimble who is in a pre- and practices. Mr. Mandelson has prevented Security Spokesman for the Ulster Unionist carious position?’’ the Board from inquiring into any act or Party. My answer to the first question is ‘no’. I omission arising before the eventual Act ap- Patten unambiguously recommended that have a long record of advocating bi-national plies (clause 58 (11) of the Bill). I believe that the police’s new badge and emblems be free resolutions of the conflict that are fair to this is tantamount to an undeclared amnesty of association with the British or Irish both nationalists and unionists. for past police misconduct, not proposed by states, and that the Union flag should not fly The answer to the second question must be Patten. Personally I would not object to an from police buildings. The Bill postpones a very qualified ‘yes’. ‘Saving David Trimble’ open amnesty, but this step is dishonest, and these matters. may account for Mr. Mandelson’s tampering makes it much less likely that ‘rotten ap- Why do these symbolic issues matter? Sim- with Patten’s proposals on symbolic mat- ples’ will be rooted out, as promised. ply because the best way to win widespread ters. But it does not account for his eviscera- The Secretary of State will now have the acceptance for police reform is to confirm tion of the efforts to have a more account- extraordinary power to prevent inquiries by Patten’s promised new beginning by fol- able and human-rights infused service—here the Board because they ‘would serve no use- lowing his proposed strategy of symbolic the Secretary of State has succumbed to lob- ful purpose’, a power added at the Report neutrality. Full re-naming and symbolic bying by security officials. September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8173 Another answer to the second question is We are here, we are here in Wash- What we are faced with tonight, more straightforward: Mr. Mandelson must ington, D.C. We do not have to face the today, and for the next weeks and not unilaterally abandon or re-negotiate the fear many Northern Irish people have months in the north of Ireland is a true Agreement or the work of Commissions sent to fear of the police officers. We can crisis. If the Good Friday Agreement is up under the Agreement at the behest of any change that. Peace can come to that party. premised on concession and com- A third answer I would propose is that pro- country. I am proud to be with all of promise. The Good Friday Agreement Agreement unionists can, eventually, accept my colleagues to stand here and make itself was a compromise. The Good Fri- the full Patten, because they know that a le- a difference. day Agreement itself was based on very gitimate and effective police is necessary to Mr. GILMAN. Mr. Speaker, I yield 51⁄2 strong concessions made by all sides, reconcile nationalists to the continuation of minutes to the gentleman from New particularly by the Catholic commu- the Union—the reason they signed the York (Mr. KING), a cochairman of our nity, the Nationalist community, the Agreement. Irish Caucus, and a member of our Republican community who made very Lastly, I believe that the Patten Report is Committee on International Relations. deep concessions in return for a pledge not only what Mr. Mandelson should fully Mr. KING. Mr. Speaker, I thank the implement under the Agreement as proof of by the British and Irish governments gentleman from New York (Mr. GIL- rigorous impartiality in his administration, that all the provisions of the Good Fri- but also what he should implement even if MAN), chairman of the Committee on day Agreement would be carried out. there were to be no Agreement. International Relations, for yielding Mr. Speaker, no provision was more Mr. CROWLEY. Mr. Speaker, I thank me this time. At the very outset I want important in the Patten Commission the gentleman from New Jersey (Mr. to commend him for the outstanding than the section dealing with police re- job he has done for so many years, not SMITH) for his comments. I recognize form, because in the north of Ireland the gentleman’s work on human rights just in the last 6 that he has been for three decades the Royal Ulster Con- chairman of the Committee on Inter- throughout the world. Not just in stabulary was guilty of the most vi- national Relations, but for more than Northern Ireland, but throughout the cious and gross human rights viola- two decades as a real warrior in the world. But especially in Northern Ire- tions imaginable. It is hard for us as cause of peace and justice in Ireland. Americans to envision in the English land. We also have to commend the gen- Mr. Speaker, I yield 2 minutes to the speaking world, in the United Kingdom tleman from New Jersey (Mr. SMITH), gentlewoman from New York (Mrs. which stands for the Magna Carta and chairman of the Subcommittee on MCCARTHY). justice and law, that there was such International Operations and Human Mrs. MCCARTHY of New York. Mr. brutality systematically carried out. Rights for the invaluable work that he Speaker, I thank my colleagues here Not the type of brutalities that occur has done in holding hearings that go for taking up this battle, and that is by accident, not those that are inci- right to the depth of the allegations what it is. Many have been fighting dental, but brutalities that were root against the Royal Ulster Constabulary, this for many, many years. But since I and branch a part of the policing in and right to the heart of the problems Northern Ireland. have been here the last 4 years, we which have inflicted law enforcement Torture, murder of children, inten- have seen progress. For the first time and the criminal justice system in tional killings, intentionally in Northern Ireland, people had hope. Northern Ireland for far too many maimings. This was all part of the po- People thought peace was right there. years, for at least the last three dec- Well, peace is there, but we have lice policy in the north of Ireland. So ades. some things that we have to work out. Also, I have to commend the gen- the police have to be reformed. That was an integral part, the integral part One of the strongest things we have to tleman from Massachusetts (Mr. NEAL) work on is making sure that we send a for the tremendous work he has done, of the Good Friday Agreement. And the strong message from this great body not just during the 12 years he has been Patten Commission, which was chaired that we have to keep with the Patten in Congress, but the years before that by Chris Patten, a conservative MP, a agreement. when he was the mayor in Springfield, former conservative MP, a minister in Mr. Speaker, we have seen even in Massachusetts, and just for the tre- Margaret Thatcher’s government, he our own country when the people lose mendous amount of dedication and en- came up with a series of reforms which, faith in the police departments, we see thusiasm and unyielding tenacity he again, were themselves a compromise. the anger that is in those communities. brings to this entire issue of peace and There is much that is lacking, as the So there are things that we have to justice in Ireland. gentleman from New Jersey (Chairman make sure that are done and the Pat- Mr. Speaker, I know that if the gen- SMITH) has pointed out time and again. ten agreement covers those things. The tleman from Massachusetts (Mr. MEE- The Patten Commission itself, the Pat- Patten agreement can work for North- HAN) were here tonight, in fact he has ten Commission recommendations ern Ireland. asked me to say this on his behalf, themselves are deficient. Yet now the One of the things that we have seen there is nobody in the House of Rep- British Government is attempting to constantly, every time we bring up the resentatives he looks up to more in compromise the compromise. It is at- Patten agreement, we see them trying providing moral leadership and guid- tempting to water down the com- to chip away a little bit. They do not ance than the gentleman from Massa- promise of the Patten Commission to like the agreement. So what are they chusetts (Mr. NEAL). And the gen- come out with a series of reforms that trying to do? Are they trying to break tleman from Massachusetts (Mr. MEE- will not be reforms at all. It will just the whole fragile agreement that we HAN) asked me to put that on the pub- be a readjustment of the status quo. It have for Good Friday? This is what we lic record this evening. will be a continuation of the Royal Ul- are all fighting for. As the gentleman from Massachu- ster Constabulary. Not even under a Tomorrow many of us here, actually, setts said earlier, this is a bipartisan new name, because the old name will will have 40 women from Northern Ire- issue. I want to commend President still remain. It will be a subset, but it land. We are going to have Protestant Clinton for the job that he has done. I will still be there and this is wrong. and Catholic women. They are going to know that tonight the gentleman read Mr. Speaker, the entire peace process be following us around so that we can into the record a statement from Vice is at risk. The entire peace process is show them how legislative work goes, President GORE. The gentleman from being put at risk by the British Gov- because they are willing to make this New York (Chairman GILMAN) and I ernment, by the Ulster Unionist Party, work. They will spend 2 weeks here in and the gentleman from New Jersey and probably nothing is more aggra- this country to see how our govern- (Chairman SMITH) can report last week vating than to hear someone like David ment works and they want to go home Governor Bush also has put out a state- Trimble, who is head of the Ulster and make this work. ment calling for the full implementa- Unionist Party, to say that we in the Well, the only way it is going to tion of the Patten Commission report, Congress should not get involved, that work is really making sure that we put which shows that this clearly is a bi- the American Government should not the pressure on to make sure the Pat- partisan issue. It is an issue on which get involved. The reality is that on the ten agreement is lived up to. That is all men and woman of goodwill can night the Good Friday Agreement was our job, and it is really a small part. stand together. reached and the morning that it was H8174 CONGRESSIONAL RECORD — HOUSE September 26, 2000 signed, David Trimble would not sign it ment published a bill which purports to come forth does not stand up to what until he was assured by President Clin- implement the Patten report. Unfortu- the people of Ireland, North and South, ton that the U.S. would stay involved. nately, the draft bill certainly does not wanted, a new beginning; and we be- And now that we are involved he is live up to the letter or spirit of the lieve that there is much room for im- saying that we should get out and back Patten report and dilutes many key provement. away from the agreement and allow it recommendations of the Patten Com- We heard just on Friday very distin- to go back to the status quo. The way mission. guished persons, Dr. Gerald Lynch, it was for three decades and seven dec- The problems of the North of Ireland president of John Jay College. We lis- ades and even three centuries, if we will never be resolved until the egre- tened to experts who came from Ire- want to go all the way back, where the gious human rights violations caused land to talk about what was going on, Catholic community was systemati- by the Royal Ulster Constabulary are Brendan O’Leary, and Martin O’Brien, cally discriminated against and had permanently ended and the unit re- and our own Elisa Massimino from the their rights violated. placed by a police service truly rep- Washington office of Lawyers Com- It is essential for us in the Congress resentational of the population of the mittee; and they all said, person after to stand together. It is essential for the region; and as the gentleman from person, that there has to be real re- President to speak out as clearly as he Massachusetts (Mr. NEAL) pointed out, form; there has to be change if this new has in the past to let the British Gov- the population right now is 5,446. policing is going to serve all of the peo- ernment know, to let Tony Blair know, This important resolution that right- ple. let the British Secretary of State, ly calls for full and speedy implemen- Mr. Speaker, I would just urge that Peter Mandelson, know that they can- tation of the Patten Commission re- we support the resolution by the gen- not continue to violate the rights of port is a way to correct the years of po- tleman from Massachusetts (Mr. Catholics. They cannot take the Na- lice abuses and gain the support of NEAL), my colleague, and that we urge tionalist community for granted. both nationalists and unionists for a thorough look at what the Patten re- The fact is an agreement was signed, peace in the North of Ireland. port really said and try to implement an international agreement, and the I urge passage of H.Res. 547. I hope it those changes that have been rec- British Government has the absolute is unanimous, and all of us in this Con- ommended in that great report. obligation to enforce that agreement. gress that have worked so long for Mr. CROWLEY. Mr. Speaker, I yield 2 It cannot back down and cannot suc- peace and justice in the North of Ire- minutes to my friend, the gentlewoman cumb to blackmail from David land, while it is within our grasp, we from New York City (Mrs. MALONEY). Trimble, because if it does it puts at cannot let those who want to destroy (Mrs. MALONEY of New York asked risk the entire peace process and we the agreement to get their own ways and was given permission to revise and will go back to the situation that ru- and succeed. extend her remarks.) ined so many innocent lives for so Mr. Speaker, if peace is to come, then Mrs. MALONEY of New York. Mr. many years. Mr. Speaker, if that hap- we must take the ball, we must run Speaker, I thank the gentleman from pens the blood will be on the hands of with it and support H.Res. 547. New York (Mr. CROWLEY) for yielding the British government and the Ulster Mr. GILMAN. Mr. Speaker, I yield 2 the time to me. Unionist Party. minutes to the gentleman from New Mr. Speaker, I commend the gentle- man’s leadership on this issue and so b Jersey (Mr. PAYNE). 2100 (Mr. PAYNE asked and was given many others. I rise in support of this Mr. CROWLEY. Mr. Speaker, I yield 2 permission to revise and extend his re- resolution, which reaffirms our Na- minutes to the gentleman from the marks.) tion’s commitment to the Northern Bronx, New York (Mr. ENGEL), a stal- Mr. PAYNE. Mr. Speaker, I thank Ireland peace process and expresses our wart leader in protecting the rights of the gentleman from New York (Mr. strong support for the policing rec- all of the people of Ireland, particu- GILMAN), chairman of the Committee ommendations of the Patten Commis- larly from the North of Ireland. on International Relations, and the sion. Mr. ENGEL. Mr. Speaker, I thank gentleman from New Jersey (Mr. Mr. Speaker, I thank very much the the gentleman from New York (Mr. SMITH) from the Helsinki Commission, author of this bill, the gentleman from CROWLEY), my friend, for yielding time the gentleman from New York (Mr. Massachusetts (Mr. NEAL), a long-term to me. KING), and to my colleagues on the leader of the Irish Caucus, and the gen- Mr. Speaker, I want to echo the other side of the aisle, the gentleman tleman from New York (Chairman GIL- words of all the eloquent colleagues from New York (Mr. CROWLEY) and the MAN) of the Committee on Inter- who have spoke before me on both sides gentleman from Massachusetts (Mr. national Relations for his staunch and of the aisle. The gentleman from New NEAL), who has introduced this resolu- strong support. York (Mr. KING) has it exactly right, tion. Many of the Members of the Irish the Good Friday Agreement of April Let me say that the Good Friday Ac- Caucus have already spoken, and it 1998 was a compromise, and that com- cord established an international body shows the strong bipartisan support promise established a framework for chaired by Chris Patten, and it called that has come together on this issue. It the peaceful settlement for the conflict to bring a new beginning to policing in has been well over 2 years since the in the North of Ireland. Once you start Northern Ireland with a police service Good Friday Agreement was signed and to unravel a compromise, then every- capable of attracting and sustaining Northern Ireland has come a long way body wants to change it, and that is support from the community as a toward a lasting peace acceptable to why it is important that we stick to whole. all sides. That agreement was sup- that compromise and not let one side In September 1999, over 170 rec- ported first and foremost by the people try to blackmail everybody else into ommendations for change were given, of Northern Ireland, Britain and Ire- getting their way. such things as the power of a policing land itself. I rise in support of H.Res. 547. This board should be looked at, the appoint- With such broad support, the peace vital accord which was negotiated by ment of its members should be looked process has been able to withstand nu- former Senator George Mitchell pro- at carefully, the centrality of human merous attacks and remain on track. vided for the establishment of an inde- rights, they talked about a name Nevertheless, there still are a number pendent commission to make rec- change, the future of full time reserves, of obstacles that stand in the way of a ommendations on how to fix the prob- the power of the police ombudsperson, permanent peace, and one of the most lems and abuses that have plagued po- a statutory basis to work from the significant hurdles is the effective im- licing in the North of Ireland. International Oversight Commission. plementation of the policing rec- The commission lead by Sir Chris- There are a number of things that were ommendations developed by the Patten topher Patten concluded its work on talked about in this very thorough re- Commission. September 9, 1999, and proposed 175 rec- port. Everyone agrees that police reform ommendations in its final report. In Mr. Speaker, we are disappointed needs to take place, and accountability May of this year, the British Govern- that the watered-down version that has needs to be part of it. The gentleman September 26, 2000 CONGRESSIONAL RECORD — HOUSE H8175 from New York (Mr. KING), my col- Ireland First Minister David Trimble Mr. MENENDEZ. Mr. Speaker, I am pleased league, outlined many of the abuses met Northern Ireland Secretary Peter to be an original cosponsor of this resolution, and why this is such a deep-felt pro- Mandelson at the Labour Party Con- and I congratulate Mr. NEAL for authoring it. posal by so many of the people. The ference in Brighton to warn him that With this Sense of Congress, we commend recommendations were supported by the Good Friday Agreement could col- the parties to Northern Ireland's peace proc- all sides, but with one condition, that lapse if the British Government did not ess for their achievements to date. But, we all of the recommendations were com- make concessions to his party with re- also call on the British Government to come to pletely implemented. In this way both gard to reform of the Royal Ulster Con- its senses on the issue of police reform. sides could be assured that final polic- stabulary. All the parties deserve praise for the ing arrangements were fair to every- There has been an effort on the part progress they have made so far. The Good one. of the British agreement to dilute the Friday Agreement stands as a remarkable Unfortunately, although they were recommendations of the Patten Com- achievement and the best hope for lasting issued over a year ago, these rec- mission. I view this report as the min- peace in Northern Ireland. ommendations have yet to be imple- imum that must be done to promote The seating of Northern Ireland's new exec- mented. Legislation proposed in the equity and equality in policing in utive, alongside the power sharing Assembly, British parliament fails to include all Northern Ireland. I am concerned by was a crucial step towards solidifying peace of the recommendations and national- the government’s recent approach of and democracy in Northern Ireland. ists in Northern Ireland have expressed the cherry-picking parts of the Patten Also critical were IRA steps towards disar- their displeasure with this bill. Commission as if it were an a-la-carte mament. Weapons decommissioning is one of Mr. Speaker, I end by commending menu. the two most pressing and sensitive issues the President of the United States, Mr. Speaker, I have had the oppor- facing Northern Ireland. George Mitchell and many others who tunity to meet Mr. Patten, so I know The other is police reform. Without full implementation of the rec- have worked hard for this peace accord; the countless hours he has put into a ommendations for police reform made by the and I really urge complete and total proposal that should be the blueprint Patten CommissionÐa commission called for adoption of this resolution. for a new force. in the Good Friday AgreementÐa full peace Mr. GILMAN. Mr. Speaker, I reserve This process was fair and open to all will remain elusive. the balance of my time. sides. To make changes at this point to Common sense calls for the name of the Mr. CROWLEY. Mr. Speaker, I yield a plan that was so carefully crafted police forceÐthe Royal Ulster Constabulary myself the remaining 21⁄2 minutes. will not serve anyone well. This report (and I cannot imagine a more British-sounding Mr. Speaker, the devolution of power and this commission would not have name than that)Ð to be changed. And for the from Westminster to Belfast and its re- been needed if there was not an injus- membership in the police forceÐnow 93 per- lated components have been difficult tice to correct. cent Protestant and a scanty 7 percent Catho- endeavors for all parties involved. The Mr. Speaker, I urge the British Gov- licÐto be formed more equitably to reflect the terms of the negotiations demand sac- ernment to follow the spirit of the near even population split in the community. rifices by loyalists and nationalists Good Friday Agreement and uphold Mr. Speaker, we are once again at a per- alike in order to achieve a successful their commitment. I want to thank my ilous point. The answers lay in moving forward implementation of the Good Friday colleagues here this evening, especially to full implementation of the Good Friday ac- Agreement. It troubles me to report the gentleman from Massachusetts cordsÐto pull participatory, accountable and that the sacrifices necessary for a via- (Mr. NEAL), for offering this measure; representative government and rule of law in ble solution in Northern Ireland have the gentleman from New York (Mr. Northern IrelandÐnot in stagnation and trepi- not been made to the fullest. GILMAN); the gentleman from New dation. A key factor in achieving a lasting York (Mr. KING); the gentleman from Vote today to support this important resolu- peace in Northern Ireland will be a po- New Jersey (Mr. SMITH); and all the tion. lice force that has the respect and other colleagues. Ms. ESHOO. I rise today in support of this trust of the entire population. The im- I want to thank this administration Resolution which commends both groups for portance of police reforms in Northern who deserves a great deal of the credit their progress towards implementing the Good Ireland cannot be overstated. It is es- for bringing this process forward, par- Friday Peace Accords. This momentous peace sential for the local police force to gar- ticularly Mr. Mitchell. I hope we can agreement is just the first of many difficult ner the trust of the people it serves. bring the Mitchell amendment, or steps that must be taken to ensure equality. The average citizen, regardless of race, measure, before us calling upon the The Peace Accords created an Independent religion or nationality, should be able Noble committee to give him the Noble Commission to make recommendations on the to call on the police and have them Peace Prize. I do not think anyone de- Northern Island policing forces. This Resolu- come to carry out their functions, not serves it more than he does at this tion urges the swift implementation of the rec- serve as an occupying army. point in time. ommendations of the Independent Commis- Mr. Speaker, people can talk until Mr. Speaker, a vote in favor of this sion. The Independent Commission calls for they are blue in the face about how to resolution will send a message to our further integration of Catholics into the policing accomplish true police reform. Unfor- friends across the Atlantic that the force to 16% in four years and 30% in ten tunately, dialogue has its limitations. United States supports its efforts and years and for new badge and symbols free of True reform requires action. It has encourages the adherence of all aspects the British or Irish states. It also includes a been suggested that the only way we of the Good Friday Agreement without dramatic reduction in the size of the force from can accurately measure police reform exception; and, therefore, I urge my 11,400 to 7,500 full-time personnel. These in Northern Ireland will be the day colleagues to support H. Res. 547. recommendations are vital to the long-term when young nationalists walk into a Mr. GILMAN. Mr. Speaker, I yield stability of the peace agreement. It is crucial police station in Belfast, submit an ap- myself such time as I may consume. that the policing force somewhat represent the plication and subsequently display con- Mr. Speaker, let me close by noting community that it is meant to protect. The duct that is honorable, ethical and en- that some in unionism say Patten’s po- Royal Ulster Constabulary is 92% Protestant thusiastic for the people of Northern lice reforms go too far too fast. I have and serves a community comprised of 56% Ireland without fear of favor. here in my hand a 1985 Belfast news- Protestant and 42% Catholic. In the British parliament, the North- paper, the Irish News, where the Mr. Speaker, Belfast is the last city in Eu- ern Ireland Police Bill has been intro- SDLP’s Seamus Mallon was calling for rope to be divided by a wall. Let's take an im- duced as the vehicle for implementing RUC reform more than 15 years ago. portant step and pass this Resolution to begin the Patten Commission. However, This is dated August 19, 1985. the movement for equality. there is a significant disparity between Mr. Speaker, I call on the British Mr. GEJDENSON. Mr. Speaker, I rise in the bill and the recommendations pro- parliamentarians to let us get on with support of H. Res. 547, introduced by my posed by Mr. Patten in his report. police reform and let us live by the good friend and colleague, Congressman Mr. Speaker, failure to bridge this Good Friday Accord. Accordingly, I NEAL of Massachusetts. gap could put the peace process in ex- urge my colleagues to cast a strong All parties should be commended for treme peril. Just yesterday, Northern vote in support of H. Res. 547. progress under the Good Friday Accord of H8176 CONGRESSIONAL RECORD — HOUSE September 26, 2000 April 1998. What was once described as an called for the appointment of a special police the rules were suspended and the reso- intractable conflict between Nationalists and commission, headed by a respected British lution, as amended, was agreed to. Unionists in Northern Ireland never to be politician, Chris Patten; the ensuing report laid A motion to reconsider was laid on solved, has seen unprecedented calm and co- down the contours of reform. The Catholic the table. operation under the Good Friday Framework side is only asking that this report be imple- f mented fully. London should be happy to do guided by Senator George Mitchell. PEACE THROUGH NEGOTIATIONS The seating of the executive of the power- that . . .'' ACT OF 2000 sharing Assembly was a crucial moment of so- I urge my colleagues to support H. Res. lidifying peace in Northern Ireland. Nonethe- 547. Mr. GILMAN. Mr. Speaker, I move to less, two sensitive areas of implementation Mr. LUCAS of Kentucky. Mr. Speaker, I rise suspend the rules and pass the bill under Good Friday lagged behind the others: today in strong support of House Resolution (H.R. 5272) to provide for a United weapons decommissioning and police reform. 547, a bipartisan resolution calling upon the States response in the event of a uni- The impasse over weapons decommis- British Government to fully implement reforms lateral declaration of a Palestinian sioning became so strong that it first halted to Northern Ireland's police force. These re- state, as amended. implementation of the Executive last fall, and forms are long overdue and are a crucial part The Clerk read as follows: then forced its suspension in February just as of the overall peace process in this troubled H.R. 5272 it had been established. A settlement emerged region. Be it enacted by the Senate and House of Rep- when the Irish Republican Army agreed to After a quarter century of political violence resentatives of the United States of America in allow its weapons dumps to be inspected by that left thousands dead, the people of North- Congress assembled, a distinguished international group led by ern Ireland have taken a brave step forward. SECTION 1. SHORT TITLE. former Finnish President Martti Ahtisaari and The Irish are on the brink of a new era of This Act may be cited as the ‘‘Peace Through Negotiations Act of 2000’’. former African National Congress general sec- peace with Catholics and Protestants, for the SEC. 2. FINDINGS. retary Cyril Ramaphosa. The weapons dumps first time, sharing in government responsibility. The people have spoken and the spirit of Congress makes the following findings: were inspected and the National Assembly re- (1) Resolving the political status of the ter- sumed in April. peace is alive and strong. As part of the historic Good Friday Agree- ritory controlled by the Palestinian Author- Subsequently, the other looming issue of ity is one of the central issues of the Arab- ment, an independent commission was estab- police reform moved to the fore. The Good Israeli conflict. Friday Accord called for police reform because lished to make recommendations for future po- (2) The Palestinian threat to declare an it is apparent that a police force composed of licing needs. The focus of the report was to independent state unilaterally constitutes a 93% Protestant and 7% Catholic could not take politics out of the police force. The popu- fundamental violation of the underlying lation of Northern Ireland is divided almost principles of the Oslo Accords and the Middle have sufficient credibility with a Northern Ire- equally between Protestants and Catholics, East peace process. land community that is split 58% Protestant, yet the police force is nearly entirely made up (3) On March 11, 1999, the Senate over- 42% Catholic. whelmingly adopted Senate Concurrent Res- To help create a police force that had credi- of Protestants. With a record of brutality and human rights abuses, this type of demo- olution 5, and on March 16, 1999, the House of bility across all communities, Chris Patten, a Representatives adopted House Concurrent graphic cannot work to protect the citizens leader in Britain's Conservative Party and Resolution 24, both of which resolved that: fairly. In order for these communities and fami- former Governor of Hong Kong, was enlisted ‘‘any attempt to establish Palestinian state- lies to feel safe, reforms are desperately need- to produce a blueprint for the future. His 1999 hood outside the negotiating process will in- ed. report recommended wholesale change includ- voke the strongest congressional opposi- When the Patten Commission completed its tion.’’. ing restoring democratic and local account- report, it included almost 200 recommenda- (4) On July 25, 2000, Palestinian Chairman ability to policing, changing the police force's tions. Among other things, the Patten Com- Arafat and Israeli Prime Minister Barak symbols (name, insignia, uniform) to make mission calls upon the Royal Ulster Constabu- issued a joint statement agreeing that the them community-neutral, as well as down- lary (RUC) to change names and symbols, to ‘‘two sides understand the importance of sizing and re-balancing the composition of the increase the number of Catholic officers and avoiding unilateral actions that prejudice force to reflect the make-up of the commu- the outcome of negotiations and that their to provide human rights training and a code of differences will be resolved in good-faith ne- nities in Northern Ireland. ethics. We must all remember that the Patten It is important to note that this document gotiations’’. report itself was a compromise between the SEC. 3. POLICY OF THE UNITED STATES. represented a compromise itself. While the Unionist and Nationalist perspectives. It is not current version of the implementing legislation It shall be the policy of the United States acceptable to compromise further on a com- to oppose the unilateral declaration of a Pal- in the British House of Commons incorporates promise already made. The Patten report must estinian state, to withhold diplomatic rec- a number of the Patten recommendations, it be implemented without any significant ognition of any Palestinian state that is uni- falls short in a fewÐparticularly in the area of change. laterally declared, and to encourage other the name change of police service, where it I have a deep interest in seeing the historic countries and international organizations to postpones a decision. While only symbolic, the Good Friday Agreement go forward and polic- withhold diplomatic recognition of any Pal- current name of the police service, the Royal ing reform must go hand in hand with this ef- estinian state that is unilaterally declared. Ulster Constabulary, infuriates Nationalists be- SEC. 4. MEASURES TO BE APPLIED IF A PALES- fort. We must work to advance this peace TINIAN STATE IS UNILATERALLY DE- cause the name implies allegiance to the process and implement each and every one of CLARED. Queen and uses the British term for Northern the Patten report's recommendations. (a) MEASURES.—Notwithstanding any other IrelandÐanathema for recruiting more Nation- It is not an easy task that the Irish have be- provision of law, beginning on the date that alists into the police service. The Patten Com- fore them, but rather an extremely difficult and a Palestinian state is unilaterally declared mission recommended the more neutral defining one. As the world's greatest super- and ending on the date such unilateral dec- ``Northern Ireland Police Service.'' power and home to over 40 million Irish-Amer- laration is rescinded or on the date the The current version of the bill in the British icans, the United States must honor its com- President notifies the Committee on Inter- national Relations of the House of Rep- House of Commons still fell short enough that mitment and stand up for peace and justice. moderate Nationalists such as Seamus Mallon resentatives and the Committee on Foreign We must lead in promoting human rights for Relations of the Senate that an agreement abstained when it came up for vote in June. all the world's citizens and lend our strong between Israel and the Palestinian Author- Peace has perservered in Northern Ireland support to the people of Northern Ireland as ity regarding the establishment of a Pales- over the past two years when leaders from they continue this journey towards peace. tinian state has been concluded, the fol- both sides have followed the tenets of the Mr. GILMAN. Mr. Speaker, I yield lowing measures shall be applied: Good Friday Accord. Good Friday called for back the balance of my time. (1) DOWNGRADE IN STATUS OF PALESTINIAN full and thorough police reform and the Patten The SPEAKER pro tempore (Mr. OFFICE IN THE UNITED STATES.— Commission delivered that fair reform. It PITTS). The question is on the motion (A) Section 1003 of the Foreign Relations should be implemented in full. offered by the gentleman from New Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100–204) as enacted on December As the Washington Post said in an editorial York (Mr. GILMAN) that the House sus- 22, 1987, shall have the full force and effect of in July, ``. . . the onus remains on the British pend the rules and agree to the resolu- law, and shall apply notwithstanding any government to respond to Catholic objections. tion, H. Res. 547, as amended. waiver or suspension of such section that This is because the Catholics have the Good The question was taken; and (two- was authorized or exercised subsequent to Friday Agreement on their side. The deal thirds having voted in favor thereof) December 22, 1987.