Dáil Éireann debate -
Wednesday, 21 Mar 2001

Vol. 533 No. 1

Adjournment Debate. - Victims Commission.

Caoimhghín Ó Caoláin

In July 1999, the Victims Commission, under the former Tánaiste, Mr. John Wilson, issued its report entitled, A Place and a Name. The commission was established in compliance with the section of the Good Friday Agreement entitled, Rights, Safeguards and Equality of Opportunity. The commission received submissions from many people affected directly and indirectly by the past 30 years of conflict. I accompanied a number of people who had suffered bereavement and displacement to meet the commission. Some were victims of British state violence while others were victims of loyalist violence. To them, and many others in this jurisdiction, the commission was a long overdue opportunity to tell their story and present their case.

The commission offered some hope that amends would be made for the neglect of successive Governments. When the report was issued, there was much anger on the part of the victims and relatives of victims of the Dublin and Monaghan bombings that it did not recommend a full public inquiry. In subsequent talks with the Government, their representative group, Justice for the Forgotten, secured assurances that there would be an initial inquiry conducted by a senior judge and that this would report to an Oireachtas committee. The initial inquiry is ongoing.

The publication of the report was naturally dominated by the Dublin and Monaghan bom bings case in respect of which I reiterate my support for a full public inquiry. The commission made a range of other recommendations which were welcomed by Justice for the Forgotten and others. I record with dismay and disappointment that no action has been taken on these recommendations.

Let me run briefly through some of the recommendations. In each case, there is no evidence of Government action. There was no action on help for those suffering from trauma, including the establishment of trauma teams in health board areas and outreach programmes for past victims of the conflict. There was no action on funds to be made available to provide acknowledgment payments for the families of those killed and to cover victims' continuing costs arising from injuries done to them. There was no action on a victim's pension to be established for certain categories of victims. There was no action on a review of the criminal injuries compensation scheme. There was no action on procedures to be introduced to allow families to request reports on investigations into deaths arising from the conflict where no one has been made amenable. There was no action on the publication of the Crowley report on the shooting dead of Aidan McAnespie by the British Army on the Monaghan-Tyrone border in 1988. There was no action in regard to the Government urging the British Government to publish the Stalker-Sampson report on RUC shoot-to-kill policy and the Stevens report into collusion between the RUC and loyalists. There was no action on payments of up to £10,000 for bereaved families or injured persons who have had to move to this jurisdiction as a result of the conflict and can show economic need. There was no action on a relocation grant of up to £5,000 to assist those bereaved and injured who now wish to return to this jurisdiction.

This is an appalling record on the part of the Government. It is doubly damning when one takes into account the fact that the Victims Commission in the Six Counties was established earlier, reported earlier and many of its recommendations have already been implemented. When the Victims Commission report of Mr. John Wilson was published in July 1999, the Minister for Justice, Equality and Law Reform promised a three month period of consideration of, and consultation on, the report. This was to be followed by action on implementation within a further three months. That brought us to February 2000. Over a year later, we have no evidence that anything has been done. It gives me no joy to ask if is the intention of the Minister of State or the Minister, Deputy O'Donoghue, to do anything to implement these recommendations made after serious consideration and consultation or will the Victims Commission report of Mr. Wilson join the hundreds of others gathering dust on Government shelves?

Miss M. Wallace

The Victims' Commission, the sole member of which was former Tánaiste, John Wilson, was established by the Minister for Justice, Equality and Law Reform in May 1998. The Minister established the commission, with Government approval, in the context of the section of the Good Friday Agreement dealing with reconciliation and the victims of violence. That section recognised that the suffering of the victims of violence must be acknowledged and addressed as an essential element of reconciliation. The Agreement also recognised the importance of providing services that are supportive of and sensitive to the needs of victims. In line with those commitments, the commission's terms of reference were to conduct a review of services in place in this jurisdiction to meet the needs of those who have suffered as a result of violent action associated with the conflict in Ireland over the previous 30 years and to identify what further measures need to be taken to acknowledge and address the suffering and concerns of those in question. The Department of Justice, Equality and Law Reform provided the staffing and other resources required by the commission.

Mr. Wilson invited interested individuals and groups to meet the commission or make submissions to it. After meeting and listening to a wide range of victims, voluntary groups and official bodies, as Deputy Ó Caoláin said, he presented his report, A Place and a Name, to the Minister for Justice, Equality and Law Reform in July 1999. The Government is grateful to Mr. Wilson for the onerous task he undertook in meeting and listening to victims and others and for the sensitivity with which he carried out that task. A similar report to his, "We will remember them", was published in Northern Ireland by the Northern Ireland Victims' Commission, the sole member of which was Sir Kenneth Bloomfield.

Mr. Wilson's report sets out with great sensitivity what the victims told him. Building on what he was told by the victims as well as by the voluntary groups and official bodies, he made a series of wide ranging and ambitious recommendations, almost 50 in all, covering many different areas. He addressed the issues of dealing with the emotional trauma suffered by the victims and the provision of financial support both to past and future victims – although we all pray that we will never again see victims of such violence in our country. He made recommendations regarding medical issues, which have arisen, and those in the service of the State who have become victims. He addressed the area of truth and justice, including dealing with such atrocities as the Dublin-Monaghan bombings of 1974 and the question of memorials and commemorations. He made recommendations for alleviating the plight of displaced persons and those who suffered economic loss. He addressed the need for awareness and sensitivity to victims' needs and concerns. He made suggestions on how his recommendations might be implemented.

Work has already commenced on implementing a number of the report's recommendations. Independent commissions of inquiry into the Dublin-Monaghan bombings and the Dundalk bombing of 1975 were established in December 1999 to undertake a thorough examination, involving fact finding and assessment of all aspects of the bombings and the sequel, including the facts, circumstances, causes and perpetrators of the bombings; the nature, adequacy and extent of Garda investigation; and the reasons prosecutions did not take place. The then outgoing Chief Justice, Mr. Liam Hamilton, agreed to undertake the inquiries. Due to ill-health, Mr. Hamilton was forced to resign in September 2000 and was succeeded by Mr. Justice Henry Barron, a retired judge of the Supreme Court. Sadly, Mr. Hamilton died soon after. I and the Government appreciate the significant work he did on these commissions. I look forward to the completion of Mr. Barron's work. The result of his examination of the issues will be presented to the Government, to be followed by an examination of the report in public session by the Oireachtas Joint Committee on Justice, Equality and Women's Rights.

Work has also commenced on implementation of other recommendations. Mr. Wilson recommended that support be provided to deal with the emotional and psychological aspects of major incidents. The Department of Health and Children has provided funding to health boards for this purpose. Mr. Wilson recommended a review of the criminal injuries compensation scheme. A comprehensive review of the scheme, taking into account Mr. Wilson's recommendations, is currently under way in the Department of Justice, Equality and Law Reform. The Minister hopes to receive a report on that matter shortly.

It will be clear that the report's recommendations cover a wide range of areas which fall within the areas of competency of a number of Departments and agencies. To allow the responsible Departments and agencies maximum flexibility, many of Mr. Wilson's recommendations are formulated in general terms. For some time the Departments and agencies have been examining the recommendations with a view to seeing how they might best be implemented to the maximum benefit of those whom they are intended to help. Deputies will appreciate that this work is quite complex. However, progress continues to be made and the Minister for Justice, Equality and Law Reform expects to be in a position to be able to announce in the near future details of progress made on implementing more of the recommendations and of how the remaining recommendations will be implemented.

The Government strongly believes the victims of the Troubles have a right, in the words of the Good Friday Agreement, to have their suffering acknowledged and addressed. Even more than that, to ensure that the peace process takes firm root in our island it is essential that the needs of victims are addressed. For those reasons, the Government attaches great importance to the implementation of the recommendations of the report of the Victims' Commission.

The Dáil adjourned at 11.10 p.m. until 10.30 a.m. on Thursday, 22 March 2001.