Session 2006/2007 Report on Rights, Safeguards, Equality Issues and Victims TOGETHER WITH THE MINUTES OF PROCEEDINGS, OFFICIAL REPORT AND PAPERS SUBMITTED BY PARTIES TO THE COMMITTEE ON THE PREPARATION FOR GOVERNMENT Directed by the Secretary of State for Northern Ireland to be printed 19 September 2006 £29.00 Committee on the Preparation for Government Under the terms of the Northern Ireland Act 2006 the Secretary of State for Northern Ireland, the Rt. Hon Peter Hain MP, directed on 26 May 2006 that a Committee should be established on the necessary business relating to the preparation for government. On 12 June 2006, the Secretary of State directed that the Committee should be chaired by the deputy presiding officers, Mr Jim Wells and Mr Francie Molloy. Membership The Committee has 14 members with a quorum of seven. The membership of the Committee since its establishment on 26 May 2006 is as follows: Mark Durkan MP Dr Sean Farren David Ford Michelle Gildernew MP Danny Kennedy Naomi Long Dr William McCrea MP Dr Alasdair McDonnell MP Alan McFarland Martin McGuinness MP *David McNarry Lord Morrow Conor Murphy MP Ian Paisley Jnr * Mr McNarry replaced Mr Michael McGimpsey on 10 July 2006. At its meeting on 12 June 2006, the Committee agreed that deputies could attend if members of the Committee were unable to do so. The following members attended at various times: Billy Armstrong George Ennis Alban Maginness Alex Attwood Michael Ferguson Alex Maskey Esmond Birnie Arlene Foster Sean Neeson Dominic Bradley William Hay Dermot Nesbitt PJ Bradley Derek Hussey John O’Dowd Francie Brolly Dolores Kelly Pat O’Rawe Thomas Buchanan Gerry Kelly Edwin Poots Gregory Campbell MP Patricia Lewsley Pat Ramsey Wilson Clyde Fra McCann Margaret Ritchie Fred Cobain Kieran McCarthy George Robinson Michael Copeland Raymond McCartney Peter Robinson, MP Bob Coulter Nelson McCausland Caitriona Ruane John Dallat David McClarty Kathy Stanton George Dawson Michael McGimpsey Mervyn Storey Diane Dodds Patsy McGlone Peter Weir Alex Easton Philip McGuigan Jim Wilson Sammy Wilson, MP Contents Executive Summary 1 Conclusions 5 Introduction 6 Consideration of Rights and Safeguards 9 Consideration of Equality and Shared Future Issues 11 Consideration of the Past and its Legacy 15 Consideration of Culture and Confidence Building Issues 18 Appendix 1 – Minutes of Proceedings 25 Appendix 2 – Official Reports 51 Appendix 3 – Proposals not agreed by the Committee 345 Appendix 4 – Submissions from the parties 349 Appendix 5 – Directions from the Secretary of State 397 Appendix 6 – Work plan published by the two Governments 417 Executive Summary 1 On 26 May 2006, the Secretary of State for Northern Ireland, the Rt Hon Peter Hain MP, directed that a Committee should be established: ‘to scope the work which, in the view of the parties, needs to be done in preparation for Government’. 2 At its meeting on 24 July 2006, the Committee on the Preparation for Government agreed to take forward, within the Committee, work on a number of issues identified in the work programme published by the two governments rather than set up sub-groups to consider the issues. 3 On 26 July 2006, the Committee considered how to take forward work on these issues and decided that the Committee would meet each Friday to address rights, safeguards, equality issue and victims. The Committee agreed on 4 August 2006 to deal with these issues as follows: Rights/safeguards Bill of Rights Human Rights Parades Equality and shared future issues Equality Good relations Shared future The past and its legacy The disappeared Dealing with the past and its legacy Truth and reconciliation Victims Culture and confidence building Confidence building Culture, including: • Ethnic communities • Nationalist • Unionist Report on Rights, Safeguards, Equality Issues and Victims Rights/safeguards 4 The Committee began its consideration of rights and safeguards at its meeting on 11 August at which each party gave brief presentations on these issues. 5 The discussion on rights included consideration of the extent to which socio-economic rights should be included in a Bill of Rights; the degree to which such a Bill should draw on European and international law; the need for a Bill of Rights to reflect the particular circumstances of Northern Ireland and the possibility of establishing a Round Table Forum on a Bill of Rights. The Committee also considered issues surrounding the remit and make- up of the Northern Ireland Human Rights Commission including its requirement to be representative of all sections of the community in Northern Ireland and the need for public confidence in, and a sense of ownership of, human rights. 6 The Committee agreed that it supported the creation of a Bill of Rights for Northern Ireland but did not reach agreement on the proposal that a Round Table Forum should be established to help with work on a Bill of Rights. 7 The issues discussed by the Committee in relation to parades included the cross-cutting nature of parades which encompasses good relations, the rule of law and human rights issues; parading as an expression of cultural identity; the right to assembly, including to parade and object to parades, in the context of the European Convention on Human Rights and the role of the Parades Commission. 8 The Committee considered a proposal to split the functions of the Parades Commission, with one body dealing with mediation and one dealing with determinations but did not reach agreement on the proposal. Equality and shared future issues 9 The Committee considered equality and shared future issues at its meeting on 18 August 2006 at which each party gave brief presentations on these issues. 10 The discussion on equality included issues about the interaction between equality, a shared future and good relations; the central role that equality plays in ensuring that everyone has a stake in society and the effect of state violence on good relations. The Committee also considered legislative matters; measurements of inequality; issues surrounding appointments to, inter alia, the public sector and the Police Service of Northern Ireland (PSNI) and the composition and powers of the Equality Commission. 11 The Committee agreed that equality measures need to be implemented to address objective need and current trends to avert future problems and that all interested parties, including Government, should be fully committed to addressing this issue. 12 In respect of good relations and a shared future, the Committee looked at issues around the current education system and the question of whether there should be a single, integrated education system. The Committee also considered the ‘Shared Future’ framework document including perceived weaknesses in it; the development and promotion of good relations; issues relating to the development and application of community relations policies and the effect of conflict, state violence and continuing paramilitary activity in progressing good relations in many communities. 13 The Committee agreed that all parties should call for an immediate stand-down of all paramilitary organisations as the best contribution to a shared future and that all parties should stress their commitment to a shared future. 14 The Committee considered a number of proposals about the education system, the ‘Shared Future’ framework document and the Equality Commission but did not reach agreement on these matters. The past and its legacy 15 The Committee considered the past and its legacy at its meeting on 25 August at which each party gave brief presentations on these issues. 16 Discussion on the disappeared centred on the need for those with primary responsibility for their disappearance to finally resolve this issue and the need for greater support for the families of the disappeared. The Committee agreed that a family liaison officer should be established immediately to support the families. 17 When discussing the past and its legacy, the Committee considered the importance of dealing with this matter in the context of reconciliation and a shared future; the legacy of paramilitarism and state violence and their effect on communities; the need to address the issue of exiles and unresolved criminal cases. 18 The Committee also considered issues relating to truth and reconciliation. The discussions ranged through the difficulties with, and benefits of, a truth recovery process; the need for full disclosure and co-operation with such a process and whether lessons could be learnt from other countries. The Committee also considered issues surrounding the ‘On-the-Run’ legislation and the limitations of The Inquiries Act 2006. The Committee considered a proposal that full, independent, Cory-compliant inquiries for those promised at Weston Park should take place but did not reach consensus. 19 When considering the issue of victims and survivors, the Committee spent some time discussing the definition of ‘victim’; the development of processes for remembrance and the level of support for victims and victims’ support groups. The Committee agreed that the issue of victims should be identified and made a priority within the Programme for Government. 20 The Committee considered proposals that there should be a Day of Remembrance and Reflection and that a Victims Forum should be established but was unable to reach agreement on these matters. Culture and Confidence building issues 21 The Committee considered culture and confidence building issues at its meeting on 1 September at which each party gave brief presentations on these issues. Report on Rights, Safeguards, Equality Issues and Victims 22 The discussions on confidence building were wide ranging. Issues included the link between confidence building and the restoration and future stability of the political institutions; the importance of a cessation of all violence and paramilitary activity in building confidence; tackling poverty based on objective need; support for border communities and young people and the need for balance and fair representation in employment in the voluntary sector.