Opinion

Absence of holistic solution to past leaves PSNI in invidious position

I am writing in response to the opinion piece by Jarlath Kearney  ‘The time for talking truths has arrived, (August 12).

Mr Kearney quite rightly acknowledges the challenges dealing with the past presents to society today. For those who suffered pain, loss and grief, the past is the present – the hurt can be as raw today as it was then.

I attended this mont’s Féile an Phobail event because I recognise that in order to secure the future, we need to be prepared to talk about our past. We need to be willing to have the conversations, no matter how difficult they may be, so that we can understand the past both from our own perspectives and that of others.

Many of those who attended the event have heartbreaking stories to tell. Some of them asked challenging questions of me and I have given my assurances that I will look into the issues they raised and respond to them as appropriate. I am more than willing to do this.

The ongoing legal issues in relation to the McGurk’s Bar bombing were raised at the event and I have undertaken to provide a response prior to the next scheduled court date on September 25.


It may not be appropriate for me to meet with the families concerned at this stage due to the ongoing legal proceedings, but I am looking at


our legal position and will respond as I said I would before 25 September 2015.

I was also asked to look at the Stevens and Stalker/Sampson Inquiry reports with a view to assessing whether or not the reports could be published, even in a redacted form.


I will progress this and respond in due course as to whether or not it is appropriate to do so. If it is not possible to publish the reports, I will explain the reasons for this decision.    

I also undertook to look at the issue of disclosure in relation to the Ballymurphy Inquest and I will respond to the questioner directly in due course, giving due consideration to legal proceedings.

It is also important to recognise that the Police Service of Northern Ireland, including myself as chief constable, does not hold all the answers. I have committed to doing all I can to support those who are suffering but I will not compound peoples’ pain by giving unrealistic expectations of what I, and policing in general, can deliver.

Be in no doubt, I am committed to ensuring PSNI does everything it can to help us achieve a confident and peaceful society and to help those with questions get the answers they deserve but I must work within the legal framework that exists today, acknowledging ongoing legal processes such as inquests, PONI investigations and civil litigation.


Indeed, the absence of a more holistic solution to dealing with the past leaves PSNI in an invidious position, caught between financial constraints; legal obligations and public expectation. 

I believe the Stormont House Agreement, in particular the establishment of the Historical Investigations Unit, is a genuine opportunity for all of us to make a real difference for those who are suffering as a result of the past. 

My primary obligation is to keep people safe today so, while I continue to meet my legal obligations, I must ensure finite resources are used in the most appropriate way – balancing keeping people safe today with our duties in relation to the past. These financial challenges have a direct impact on how the PSNI can respond to the demands of the past and the pace at which this demand can be serviced.

GEORGE HAMILTON


Chief Constable

Any suspension of Stormont could be unlawful

Given the current impasse any formal suspension of Stormont and its institutions and the likelihood of the imposition of direct-rule could be unlawful. The GFA is an agreement between the British and Irish governments that gives effect to constitutional change within Northern Ireland. It does not dispose itself to a breach of the agreement, because it is expedient. The GFA does represent real and substantial constitutional change with Northern Ireland as a permanent piece of political architecture. It is not a matter of convenience for the British government or anybody else to suspend it at will. The constitutional framework of Northern Ireland and the Republic has changed significantly under the GFA, as it relates to Northern Ireland, with primary legislation making the GFA ordinary law. The GFA is essentially a constitution within itself, complete with human rights provisions and formal institutions. It even goes so far as make the European Convention on Human Rights (ECHR) part of Northern Ireland’s primary law. Any attempt to go back to direct rule is an affront to the agreement and should not be considered – as a matter of law. The GFA has empowered the province to make decisions for itself. The British government have made it clear in past statements that they have “no selfish strategic or economic interest in Northern Ireland” and only have a ‘residual’ presence there. Obviously, this is debatable and subject to some contradictions. However, the GFA in addition to other documents and statements by the British government has engendered a neutral state in Northern Ireland, with a neutral attitude to its governance. Nationalists and especially unionists must accept that constitutional change has, in fact, happened to Northern Ireland over many instruments made by the British and Irish governments and been consummated in the GFA. Anti-agreement unionists are in a no-man’s land and radical votes by unionist voters in a attempt to dismantle the GFA are a misnomer and counter-productive.     

MAURICE FITZGERALD


Shanbally, Co Cork

Farcical shenanigans

The response from Arlene Foster to the comments of Martin McGuinness (August 5) indicate the finance minister, indeed the DUP as a whole, are refusing to take responsibility for the farcical shenanigans they alone have created in the pseudo partnership masquerading as government at Stormont. Her denunciation of Mr McGuinness reeks of double standards, going so far as to reflect the ongoing difficulty she and her party are having with the idea of sharing power on an equal basis – the Maze project just one of many examples. In her critique she groans and moans about the amount of money being wasted paying fines because of the ‘partners’ – the emphasis on partners – refusal to accept the ‘DUP’s interpretation’ of Tory welfare cuts set to affect all the people of this part of the little experiment. 

Recent reported evidence suggests that economic migrants are milking the system of the NHS in Britain, the consequences being the Tories see the north as surplus to requirements resulting in the quiet removal of frontline services and benefits to those who need them most.


Would it not then be prudent for the finance minister to stand shoulder to shoulder with her ‘partners’ to oppose this Victorian agenda? Or perhaps the DUP see themselves as an important cog in the Tories grand austerity master plan aimed at all in the north of Ireland. 

KEVIN McCANN


Belfast BT1

Beauty spots in need of spruce up

Wouldn’t it be a wonderful gesture if during these recessionary times our good friends in the National Trust might, just might, put their fingers into that big fat envelope before it is posted over to ‘Mother England’ – to the headquarters of the National Trust – and remove a few hundred thousand pounds to give to our beleaguered road service – who it seems can only afford to trim our roadsides once a year. What a difference this could make to places like the road to Ballintoy Harbour, which is a complete disgrace given its popularity, especially since Game Of Thrones.

So I say to the trust – given the millions you collect from places like the Giants Causeway and Carrick a Rede Rope Bridge, don’t send it all over the water – spend a little to enhance our North Antrim beauty spots.

SEAMUS McSHANE


Ballintoy, Co Antrim