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JOINT COMMITTEE ON THE IMPLEMENTATION OF THE GOOD FRIDAY AGREEMENT díospóireacht -
Thursday, 5 Mar 2009

Report of the Consultative Group on the Past: Discussion.

Is cúis mór áthas é dom fíor-fáilte a chur roimh an t-Ard Easpag, Robin Eames, agus an tUasal Denis Bradley. Táimid bailithe anseo chun díospóireacht a bheith againn ar tuarascáil chuimsitheach ar na heachtraí uafásacha a tharla i dTuaisceart na tíre seo sna blianta atá caite. Tá súil agam go mbeidh díospóireacht maith againn agus go mbeidh gach éinne in ann páirt a ghlacadh inti.

As Chairman, it is a distinct honour to offer a warm welcome to the distinguished representatives from Northern Ireland, the Right Reverend Dr. Robin Eames and Mr. Denis Bradley, who are attending to discuss the recently published report of the Consultative Group on the Past. I also welcome our colleagues from the Northern Ireland Assembly, whose attendance is always a pleasure.

The Consultative Group on the Past was established by a former British Secretary of State for Northern Ireland, Mr. Peter Hain, MP, in June 2007. It reported to the current Secretary of State, Mr. Shaun Woodward, MP, in January of this year. Our Government welcomed the decision to establish the group and successive Taoisigh and Ministers for Foreign Affairs, the Garda Commissioners and others have co-operated with it as it went about its important work. It was tasked with consulting on a cross-community basis in Northern Ireland to determine how the North's society could best approach the legacy of the events of the past 40 years and with making recommendations on any steps that might be taken to support Northern society in building a shared future that is not overshadowed by the sad and traumatic events of the past.

It was no easy task. The group consulted widely, including through an important and emotionally difficult series of public meetings. Sometimes, attendance figures reached as high as 200. It placed in its final report the product of its extensive consultations. On 28 January, it presented a report containing 31 recommendations to the Secretary of State, copied to the Irish Government and the First and Deputy First Ministers in Northern Ireland.

Before their presentation, I publicly acknowledge the significant commitment of the Right Reverend Dr. Robin Eames, and Mr. Denis Bradley, to carrying out their onerous and complex task. I also acknowledge the consultative group's members — Mr. Jarlath Burns, Reverend Dr. Lesley Carroll, Professor James Mackey, Mr. Willie John McBride, MBE, Ms Elaine Moore and Canon David Porter — and their collective contribution to this substantial and important work.

I advise our distinguished witnesses that, whereas Members of both Houses enjoy absolute privilege in respect of utterances made at this meeting, witnesses do not. It is hardly necessary for me to say that caution should be exercised, particularly regarding references of a personal nature, but I am obliged to put this on the record. It is my pleasure to invite Dr. Eames and Mr. Bradley to address the committee.

Dr. Robin Eames

It is a great privilege for us to be invited to meet the committee to discuss the report. We would welcome a discussion on our recommendations. As an introduction, I will speak to the background from which the report was produced.

As the committee knows, we were appointed by the then Northern Ireland Secretary of State on 22 June 2007 and two main tasks were given to us. First, we were to consult across the community on how Northern Ireland's society could best approach the legacy of the events of the past 40 years. Second, we were asked to make recommendations, as appropriate, on any steps that might be taken to support Northern Ireland's society in building a shared future that is not overshadowed by the events of the past.

I emphasise two parts of these tasks, namely, building a shared future and not allowing the past's events to overshadow us. I will refer to these shortly, but if members keep these two phrases in their minds, they will see how our work's focus was set over the 18 months.

After 18 months of exhaustive and extensive consultations, we presented the report, which is before the committee and has been made public. I stress that our recommendations came from an extensive period of listening, questioning and debating with Northern Ireland's society.

I am glad the Chairman has already paid tribute to the group's members because neither Mr. Bradley nor I, together or individually, could have been responsible for the weight of this report were it not for the loyalty and hard work of all of our team's members. When we were asked to undertake this task, there is no doubt that few of us had any delusions as to what lay ahead. Further than that, we were unprepared for the emotional and strenuous effort required of us in grappling with the situation in those 18 months. Professionally, we had been heavily involved in the life of Northern Ireland. I speak for myself but I am sure Mr. Bradley would reflect on this also. To use the usual phrase, we felt we knew it all, we felt we had seen it all and we felt we had experienced it all but nothing prepared us for what lay ahead of us in those 18 months. As we began the work, many told us that we faced an impossible task. They told us there were no answers, that the divisions were too deep and that the raw feelings throughout the North were such that because of the legacy of the past and the emotional build-up it was too soon to undertake this job. People cited the cases of Spain, Rwanda and South Africa. From a professional point of view, many said that the British Government was asking us to do this task too soon. Others believed it was too soon to attempt the task and too soon to make any recommendations. Some have suggested that we leave the past to take care of the past and leave well enough alone. Some had high hopes that we would find ways of dealing with the past that would produce the proverbial line in the sand. There were those who questioned whether a group set up by a British Secretary of State had the necessary credibility to produce recommendations that had integrity for a divided society. Underlying the so-called advice that was shared with us by many "wise people" — who will always come out of the woodwork when you start a task like this — the underlying emotion shared with us was that people realised we could not please everyone. We knew we could not and, as it has turned out, we now know for certain that we could not.

When we began our work we were overwhelmed by the number of groups, individuals and representatives who wanted to make contact with us. The staff were at times bewildered by the strength of the opinions and the volume of presentations made at the office. They ranged from victims and victims groups, political parties, churches, groups already achieving a great deal in society with their approach to remembrance and victims with deep emotional needs to paramilitaries, security services, Government agencies, retired security force personnel, academics and private individuals. We engaged in one of the most extensive consultation periods imaginable in the North. We held public meetings, received written submissions and travelled throughout Northern Ireland, the Republic and Great Britain. Our report is consultation-based, a term to which I will return.

None of the recommendations in our report was plucked out of the air. They came from the experience of meeting people, listening to their suggestions, listening to their emotional involvement and listening to their pain. The views expressed to us were varied, contradictory at times even from the same person or group, but always expressed with immense passion. We listened to the agonies of human tragedy, we watched the tears, we recognised in the emotional presentation of some that there were no answers that could be given by us and we had to say to some that we could not make a recommendation based on what the person had said because the answer to the recommendation, in human terms, is "No". There was no answer and it is not easy to say this to someone who is suffering.

We were moved by the stories of individual victims and heartache of those who continue to carry, on their minds, hearts and bodies, the scars of the conflict. We heard calls for justice. This was the most common call we received but when one asked the person or group to define what is meant by justice we began to see the tremendous depth of emotion and contradiction in their view. We heard calls for justice that typified the community today when we analysed what people meant by it. Some wanted retribution for the loss of a loved one or a successful prosecution. One man said to us that he wanted to sit in a court and look into the back of the head of the man who did it. Some wanted not just a successful prosecution but to know what had happened to their loved ones. Some interpreted justice in terms that they recognise had no answer. We met with the entire ambit of human feelings and we all felt emotionally drained by the experience.

We studied how other countries dealt with a post-conflict situation, a matter to which we will return in our discussion. The report is a consequence of all that experience and it is by no means the most perfect report written in a post-conflict situation. We have no doubt about that. I submit that the report represents an honest attempt to ask the questions we believe that society in the North needs to have asked of it at this time, to produce a blueprint so that society could respond to those questions and to challenge politicians, victim groups, churches, the education field, the media and the ordinary people of the North to listen to the questions.

The past in Northern Ireland will not go away. The ghosts of the past that so many of us have lived through will continue to haunt this generation and the next, feeding on sectarian attitudes, unless some way is found to move forward. We must move forward with real respect for the sacrifice and trauma of the past. If there was one consensus that emerged from every interview, every meeting and every submission it was this: it must never happen again. That came from those who knew that they could never face it again. I speak emotionally about this because I have been to too many homes broken by the Troubles and I have stood at too many graves not to feel emotional about this. There are those who could never physically or humanly go through this again. They could not do it. There are those who never want to see their children or their children's children going through it.

There are the lessons to be learned. Whenever I go abroad and people speak to me about my involvement in this and in the past, the most common question is what are the lessons we can learn from the past. It will take a very wise person to answer that question because it is emotionally so confusing that it is very hard at times to really draw out the true lessons of Northern Ireland.

On behalf of Mr. Bradley and myself I suggest that what we have in this report will not please everyone. We were not established to do so. It is not a case of providing answers to Northern Ireland which will make sums much smaller than other sums. We were not asked to produce a cheap way of meeting the needs. It is also true to state that in this report we have the words of a committee and panel that came from every section of Northern society. It was a wonderful experience to work with them, because as one of them said to us, they had travelled a lifetime in 18 months. I am proud of this report. I do not state it is perfect. I never said it would be perfect. However, I am proud of the effort that went into it.

While I am sure committee members do not want me to dwell any longer in the introduction or any specific part of it, there was a great deal of controversy over one of the recommendations. We will probably speak about this later but I want to make this plea to whoever is listening, "Please do not throw the baby out with the bath water".

The Secretary of State for Northern Ireland stated he was not prepared to put one of the recommendations forward to the Government. I must accept the reality of this but I want to move on to the other recommendations in this report because they have been enhanced by the advice we took and the experiences we had. I humbly submit that they are worth considering. I thank the Chairman for his courtesy.

I thank Dr. Eames for his very moving presentation.

Mr. Denis Bradley

The presentation given by Dr. Eames is sufficient and we can move on. However, I will make one point.

Dr. Robin Eames

That does not surprise me.

Mr. Denis Bradley

I retract my initial introduction.

I will build on what Dr. Eames stated about this being a report built upon consultation and that none of the recommendations contained within the report come from the air or from academic consideration of any kind, nor from political consideration. They come from the consultation we had. This is not to state that everybody walked into the room and gave us a recommendation. It was built upon layers of listening over long months and the debates which followed.

Dr. Eames mentioned that strong calls were made for justice in whatever way people interpreted the meaning of "justice". Equally strong calls were made for truth, whatever vision people had in their minds of what truth looked like. There is a balance between these. It is probably true to state that full justice and full truth are not deliverable at this stage, 30 or 40 years after the events occurred. However, this does not mean that people were not still passionate and pained about either the lack of justice delivered or the lack of truth achieved over the years. These emotions were particularly raw.

Apart from this, my co-chairman delivered an extraordinarily excellent presentation and it is only fair that people are given an opportunity to question us and ask us the pertinent questions on their minds. We have spoken enough in recent months.

I compliment Dr. Eames and Mr. Bradley on their report. I welcome them and thank them for giving of their time to be here.

In setting out to work on any report or in attempting to conduct any investigation, there is a realisation that it is not necessarily done to please anyone. One will never please everybody. If we were in a position where this would happen it would be either a very boring and dull world or a very happy one depending on where one sits. A question was posed with regard to the timing. Would any time be the right time? For some people it would be too soon, for others it would be too late. This was going to be difficult irrespective of when it was decided to do it.

The fact that so many groups and individuals were met who had their story to tell and pain to share is very important. For many people this may well have been the first opportunity they had to share their pain. There is tremendous healing in sharing a story and to have somebody to listen attentively and feel the pain. This is very important. No answers that Dr. Eames or Mr. Bradley could give could bring back their loved one or provide a life without that pain. People recognise this and while everybody would like justice and to sit in a court, Dr. Eames and Mr. Bradley were not in a position to give them those answers.

Much mention was made of the payment. We must realise that this is about much more than money. If one lost a loved one or was the victim of an injustice, no money could compensate one. While it is a symbolic gesture or a recognition of the hurt caused, the victims will continue to suffer loss and pain. The one group of people for whom I feel extremely sorry, and I have mentioned this before, are those who had no body to bury because they still have not found the body of their loved one. In no report can we forget the enduring pain and loss they feel on a daily basis because they do not have a grave to tend or visit or at which to pray. For them the loss is even greater.

As a Deputy from a Border constituency, there is an onus on all of us, public representatives and private citizens, to ensure we never go back that road. As well as those families who suffered the pain of loss, many other families witnessed it and they never want to be the ones to suffer that loss. In ensuring that we do not go back that road there must be an acknowledgement of wrongdoing on all sides. We must be mature enough, having come so far, to acknowledge there was wrongdoing on all sides because only then can mutual forgiveness be possible. A public commitment to peace will also be needed.

Perhaps the witnesses will outline their opinion of the role the Irish Government should play in the proposed legacy commission. When the commission investigates historical cases, will it solely focus on those which occurred in Northern Ireland or will it link to incidents such as the Dublin-Monaghan bombings? All those who suffered as a result of conflict, irrespective of where it occurred, need to believe their cases will be taken seriously.

I extend a warm welcome to Dr. Eames and Mr. Bradley. I concur completely with the comments of Dr. Eames in regard to the honest address they have employed. However, they will be aware of the position my party has taken in regard to the establishment of the consultative group. These concerns have been recorded previously but it is important they are noted in the context of this committee. Sinn Féin engaged with the consultative group and made a substantive submission.

Without doubt, the issues of truth, justice and reconciliation are very important. These matters will be addressed further by this committee in the course of its work. If we do not discuss them on a frequent basis, we will certainly do so in the predetermined way demanded by the working out of the proposals.

The inappropriateness underscored by Sinn Féin in regard to the establishment of the committee was that it was British appointed and funded. The British state determined the terms of reference to which it had to work. I wish to focus on the proposal in the report on the creation of a legacy commission. I hope it is understood that Sinn Féin's opinion of this proposal is not unique. People from a range of perspectives would see a direct relationship with the British Government as a weakness. As the legacy commission will be appointed by the British Government, questions will arise regarding its independence. It falls far short of what we argued for in terms of an independent international commission that would have its genesis in the United Nations rather than direct appointment by the British Government. We believe that is a fundamental flaw in the proposed commission.

My first question concerns the premise on which the British Government is accorded its authority. I ask our guests whether they would accept that the British Government is not an independent observer of all that has unfolded over the past 30 years in the northern part of our island. It was a protagonist to the conflict. If that is accepted, how can it have such a determining role in regard to truth recovery and the other matters which must be addressed by a legacy commission?

Deputy Conlon, who is my constituency colleague, asked about the Dublin and Monaghan bombings of 17 May 1974. Would the witnesses accept that in respect of a number of cases, a sustainable argument can be made for the appointment of an independent inquiry process? Such cases are not unique to any single community but would trip of the tongues of people from a variety of backgrounds and "isms". I can instance for the committee the murder of the solicitor, Pat Finucane, and the Dublin-Monaghan bombings, the cause of which Justice for the Forgotten has championed. In two months time, on 17 May 2009, we will commemorate the 35th anniversary of the tragic events which unfolded on the streets of this city and my home town of Monaghan. Eddie Fullerton, a party colleague and a long and dear friend from County Donegal, was assassinated in 1991. The door must be left open to an appropriate independent inquiry process on each of these cases.

It is evident from the report of the consultative group and all that I have read about the legacy commission that a lesser role is planned for the Dublin Government than for the British Government. The terms of reference of this committee are to aid the implementation of the commitments made under the Good Friday Agreement. Do the proposed governmental roles not run contrary to the bi-national and intergovernmental responsibilities of both Governments to address all the consequences of the conflict? It would at least run contrary to the spirit of the Agreement.

Other members raised questions regarding events within the Six Counties area. I note that the report indicates a legacy commission should be able to draw on documents and mentions specifically the reports of the Stalker-Sampson and Stevens inquiries. As a Border Deputy representing Cavan-Monaghan, I am concerned that account will not be taken of reports which are pertinent to events that took place on both sides of the Border during the course of the conflict, such as the Barron and McEntee reports. A series of attacks which took place south of the Border were directly related to events unfolding to the north of it. A report was prepared by the former Deputy Commissioner of the Garda Síochána, Eugene Crowley, on the murder of Aidan McAnespie on 21 February 1998 in Aughnacloy, County Tyrone. The murder took place north of the Border but a report on that event was commissioned by and presented to the Government here. Would our guests argue for full disclosure and access to all of these reports such as the Barron, McEntee and Crowley reports? The intent would be that the legacy commission would be in a position to address matters in a cross-jurisdictional approach.

I thank both of our guests for their contributions and hope my questions have not been too long.

I give a warm welcome to Dr. Eames and Mr. Bradley. I have had the opportunity and privilege of meeting them on a number of occasions in my role as Vice Chairman of the British-Irish Interparliamentary Body. We will welcome them again in Donegal later this month. They have done a tremendous job and although we can all agree or disagree on how the organisation was formed, it is important that two men of such standing have carried out such an in-depth study of the history of a very difficult period in our land. I could empathise with them when they spoke of the tears shed by different people, as it makes no difference on which side of the divide they were shed. There were some very serious and hard issues to deal with.

Our guests mentioned that they had met victims and victims' groups, political parties and church representatives, etc. From what they have said, they certainly carried out an in-depth study. I pay tribute to the groups which worked with them. We also had the privilege of meeting many of them and learned of their commitment and involvement in the study.

As our guests are attending a meeting of the Irish Parliament, are they satisfied that there is sufficient involvement by the Irish Government in the follow-up to the study? Did the British Government in any way interfere with the way in which the investigation or study was carried out? It has been suggested that as our guests were appointed solely by the British Government rather than by the two Governments, there may have been interference with their work. From what they have told us, I certainly do not believe there was a handicap.

Like others, I have received documentation from other groups such as Justice for the Forgotten. I reiterate the call made by my constituency colleagues on the need to deal with some of the issues raised south of the Border. Immediately after I was elected just over 17 years ago one of my first actions was to visit the homes of a number of the victims of the Monaghan bombing. Many of the people who died or were seriously injured in the bombing were very close family friends. I wanted to get a feeling of how they wanted me as a newly elected representative to act on their behalf. I received a very clear indication from the majority — not all — that the one thing they wanted above all others was to be able to move on with their lives. This did not mean they wanted to forget what had happened, as they never would be able do so, but that they wanted to move on. Some were involved in business, while others were private citizens. Some families had moved from the area. There is a need to consider such matters now. I can think of the Coulson family when considering the murder of my colleague, Senator Billy Fox. George Coulson's wife, a young bride at the time of the murder, lived with his murder until the day she died, enduring much sickness, no doubt caused by what had happened. This is something we forget. We count the approximately 3,500 who were murdered as a result of the Troubles but many thousands suffered significantly through the loss of limbs and as a result of injuries to their bodies or state of mind. The Pat Finucane case has been brought up in the Dáil by my party leaders on many occasions during the years. We could go through the list but this is not the time to do so.

At this point in the discussion I wish our guests well and thank them for doing an extremely difficult job well. I have heard both of them speak on different occasions and they did not expect to be recognised by all as having done a very good job. I remember speaking to somebody on the telephone on the day after the report was issued about what I thought was a serious issue but that person was not interested in talking about it. They were interested in talking about the parts of the report which they did not like. What I thought was a major family issue was of no importance. I can understand this. I will never forget saying to someone that we needed to move on and find a peaceful solution only to be told, in no uncertain terms, that if my brother had been murdered in a church while saying his prayers on a Sunday, I would not be able to move on as handily either. Thank God, even that family has learned to move on and that is what we must all work for. We must ensure nothing like this will ever happen again and should try to relieve the pain. We must recognise that even since the ceasefire, there are still serious problems with walls and divisions in Northern Ireland. We have a long way to go.

I thank the Deputy. I now ask our guests to respond.

Dr. Robin Eames

Where do we begin? I thank committee members for their questions and particularly the way in which they were phrased. Coming through from the way each member asked their questions is a recognition that I believe is to be found on virtually every page of the report that it is a human story. Pages can be taken from the report which deal with the technicalities of policy and costings, etc., but it will not surprise the committee to hear that, from my point of view, it has to be a human story. That has come through in the questions which I accept. I ask the committee to accept that I recognise this.

The replies may not be in the order in which the questions were asked and Mr. Bradley will take over when I dry up. He always does. We were appointed by the British Government, which was a problem for some political parties, but that never surprised me in the least. I must counter this by indicating somebody had to appoint us. There is no right time for the process to take place. I suggest to those who believe we may have been set up on a rather limited basis that they take me to whatever page of the report shows a party political bias. I can defend the independence of the group which I was privileged to co-chair. We did not spare in our comments any of those involved in the horrors or development of the conflict. While I understand and accept the reasons for the objections to the way in which we were set up, I ask the committee to consider, quietly and sincerely, whether we would ever have got to the current situation in terms of the independence of the report, which I want to defend, if anyone else had set us up. We were set up in that form. I certainly had many misgivings about undertaking the job in the first place. If members do not believe this, they can ask my family. So much of my professional life was spent in the period examined in the report. Someone said to me when I was dithering over whether I should take on the job, that I had no choice because it was a moral issue to do what I could in retirement to try to push this forward. I hope someone will one day tell me what that means. To get back to the question, yes, we were set up by the British Secretary of State for Northern Ireland and have presented our report to the Secretary of State and the Irish Government, but we responded to a request. I hope the objection to the way in which we were set up is answered by the independence of our report.

Were any pressures placed on us by the British Government in the work we did? Certainly not. No door was shut to our group when we requested that the handle be turned. In fact, one door opening led to the opening of another series of doors. I was amazed at the amount of time given to us by agencies of the Government and otherwise in our work.

The remark that what we call the walking dead can never be forgotten is very true. I do not want to overstay my welcome, but it is important that we get these points on the table. The incident that sticks in my mind involves two men who came to see us. One was wheeled into the room in a wheelchair. He had no arms and no legs. He had served his country in the security forces and an explosion had removed both legs and both arms. One immediately thought: "Here is a victim. He is carrying on his body the signs of the conflict." Immediately after him walked in a person who looked absolutely normal — no crutches, no sticks, no wheelchair — and he started to talk about his experiences. I suppose he would have fallen into the category that society in Ireland normally calls the innocent victim — he was in the wrong place at the wrong time. However, within ten minutes we heard the trauma of mental distress that he would carry, probably, until the end of his days. These two victims illustrated some of the questions we were probing. We cannot just dismiss this in terms of the relatives of the dead. There are the walking dead in Northern Ireland today who will never escape the consequences. Our report is fair in that regard.

I said no doors were shut to us. We had in our work the goodwill of the Irish Government and other parties in this part of Ireland. The responsibility of the Government in the implementation of our report lies, we hope — if I dare say it in this economic period — in making a financial contribution towards the costs involved, not just in the legacy commission but also in the work on the whole plan that we suggest. More than the financial input, however, we want to feel there is an Irish dimension of support to what we honestly suggest is the way forward.

Mr. Denis Bradley

There are many questions and I will try to gather them as I go along. If I forget some, I have no difficulty being reminded.

Before the commission was set up, I asked the Department of Foreign Affairs whether it would jointly pay for it and it decided against it. Since the commission was set up, the Department has worked very closely and constructively with us and we have been in regular contact with its representatives.

The only door that has been closed to us is that of the IRA and that disappoints me greatly. The broad republican position is that there is a need for an independent international commission, possibly under the auspices of the United Nations. However, there is no precedent for the United Nations carrying out such an exercise anywhere in the world and in the next ten to 15 years no such exercise will be carried out under its auspices. I have argued with senior Sinn Féin people that they need to stop this argument because it is not fair on the relatives of the dead. The greatest trauma people suffer is false expectations. The possibility of the United Nations carrying out a truth commission type of exercise in Ireland and Britain is an expectation that will visit more pain and suffering on those who desire either justice or truth.

Because the IRA has not engaged, there is a growing perception among some relatives in the North of Ireland that it will never engage. That is an issue on which Sinn Féin must quickly come to a resolution. At this stage it is not good enough because the expectation is beginning to arise that the IRA will wait for a year or two to see how the legacy commission operates and then decide whether to take part. Again, I do not think that is fair on the relatives. This is a moment of change in Ireland, both North and South. It is a moment of difficult decisions for all of us. It is a moment when as much of the truth as possible must be put on the table.

Dr. Eames has had probably the more difficult job within the last couple of months. There is a strong voice in mid-Unionism that does not want to deal with the lack of a hierarchy of victims. The reactions to the idea of a recognition payment were mostly to do with this. If we actually give money to all victims, we dispense with hierarchies of victims. That is not easy to do within one's own community and the voice is not as strong within my community as it is in Dr. Eames's community. I pay tribute to him for the courage he has shown on the issue. Its is one of the difficult that must be grasped if we are to move forward out of the past and into the future.

It will be a disgrace if the IRA stands off at the side. What the commission is recommending is that five years' hard work be done to achieve as much of the truth and justice as possible and that after those five years ways be constructed to achieve as much reconciliation as possible. There is no time or space to stand aside. I appeal to the IRA. I know how difficult this will be. It will be difficult administratively and because many people who are involved in the IRA just do not want to be involved any more. They want to get on with their lives and that is understandable. Ways must be found if any comprehensive truth process is to take place.

The Irish Government's future contribution is vital because, at heart, this is a British-Irish dispute which has lasted 400 years. In the North of Ireland there are still strong suspicions among certain communities that some day in the future another form of republicanism will grow to kill them, to take them out of the Border counties, in particular. A significant number of people made representation to us from the Border counties, stating that they still lived in fear, not just for now, but that in the future they or their children would be killed for their political position.

I return to the cross-Border issue. The report is very clear that the legacy commission is a cross-Border construct and that primary legislation must go through either the British Parliament at Westminster, or through the devolved institutions in the North of Ireland, and must go also through the Dáil. That will allow the legacy commission to work properly, with full authority to call on all papers and reports and to have access to all reports that have been produced during the past 40 years. That is very clear within the report. The members are right. There is no way of solving the horror, and scandals such as the people of Dublin and Monaghan waiting for years, unless we have this type of legacy commission. It cannot be done without a cross-Border legacy commission.

According to our report, the British Government does not appoint the independent commissioner to this commission. That office is to be appointed by both Governments, in conjunction with the First Minister and the Deputy First Minister. Again, I plead that we do not lead with this. This report is not only about the victims of the Troubles. It is about the legacy of the Troubles which does not stop with the victims. A very strong programme was broadcast on BBC Northern Ireland two nights ago about a young person who was kicked almost to death. His parents might have their own opinion on this. This happened most probably because of pure sectarianism. Sectarianism is rife within our society and is a legacy of the past. Our political difficulties, decisions and tensions are a legacy of the past. Our societal divisions are a legacy of the past. Our lack of integrated schooling is a legacy of the past. There are many legacies of the past and we should not bequeath to the victims all the problems of Northern Ireland. It is up to civil and civic society to do as much for the future as it will do for victims.

Within that area there must be some coherency now. If this report falls, either because it was not the right time, or was economically difficult, or because certain parties would not sign up to it as it was too difficult for them at this time, then there is a strong possibility that we will have done what many other countries did, namely, to leave the past to the past, hoping it would go away and that time would take care of it, that enough people would die and that generation would go away. Those countries discovered this did not work. That is the moment of choice we have reached now. I apologise. I have gone on a bit.

I thank Mr. Bradley. I now welcome the next group of speakers with, first, Dr. Alasdair McDonnell, MP, MLA.

Dr. Alasdair McDonnell, MP, MLA

I very much welcome our two guests and cannot commend them highly enough. The task they undertook some 18 months ago is, to my mind, well nigh impossible to complete and they have made a very good attempt to come to terms. I was very taken by Lord Eames's repeated emphasis on the human story behind each victim, that the pain was individual, often private and personal, and in many cases that the solutions must be individual and private even though there is a big problem, with thousands of victims.

I commend the group. I met the participants several times and commend them for going a long way. Certainly there were individuals in the group who had personal viewpoints but political bias or any sort of manoeuvring was largely factored out and I welcome that.

Deputy Seymour Crawford made some points about mental illness and the mental scars left behind. Dr. Eames talked about the "walking dead". To my mind, a massive slice, perhaps 40%, of the scars are mental, although it is easy to throw percentages around. As they rightly put it, at times we can see the physical scars, the missing limb or eye or the disfigurement but it is my experience that a very large proportion of the scars are mental. Perhaps the witnesses might refer to this and offer a suggestion as to how we might tackle those mental scars. In my experience as a general practitioner in Belfast, I found the health authorities were sadly lacking until the early to mid-1990s.

In 1992 or 1993, when we had a very tragic and brutal murder at a bookie's shop on the Ormeau Road, the mental health authorities did a great deal of work in that respect. Dr. Eames's sister was involved in that work. That was the first hint we had. If we are to come up with solutions these will be personal and many will be related to mental health issues. I do not know where the resources will come from because health services both North and South of the Border are fairly well stretched. Perhaps the witnesses might give us some hint of their feelings on the aspect of mental health.

I thank the Chairman for setting up the meeting today. There has been some talk of this matter in the past but now we are really getting down to the nuts and bolts of what the committee was set up for in the first place.

Like other speakers, I very much welcome Dr. Eames and Mr. Bradley today and welcome the co-operation shown by both, not only during the entire period but also at this meeting. As co-chair of the British-Irish Interparliamentary Body, I met the witnesses and their group about a year ago and I know of their willingness to try to move this issue forward. On that day I met other members of the group. Although they all came from different backgrounds it was very obvious that all members were in harmony and had a goal and vision for future action albeit it seemed a very difficult task. From talking to the witnesses that day, I know they were given an almost impossible task. That must be recognised and stated.

Although there are other groups and interests represented today, I do not believe it is right to delve into certain of these. We all have particular interests. While the mood behind the report as a whole captures all interests, I do not believe it is fair for certain interests to begin nit-picking and, for that reason, I will not mention any interest group here today. It would not be right and it is not in the spirit of the report. I recognise the delegation is trying to get on a road of reconciliation and it is obvious from the recommendations of the report. It is fair to say also the consultative group has advanced the evolution towards a normalised society in Northern Ireland. I thank the delegation very much for its genuine efforts in that regard.

Dr. Eames referred to the fact that the journey was very long such that it seemed to take a lifetime. Although that journey has now begun, it is similar to the Good Friday Agreement. While Mr. Bradley has expressed much frustration, I do not believe it is right to condemn any political party or paramilitary organisation at this stage. We learned the importance of dialogue from the Good Friday Agreement. I emphasise that the consultative group has begun a journey and is at the very early stages of it. There is no one else capable of reaching the destination. It has shown courage and leadership and I recognise its aims. There is a difficult road ahead for the group, that is, to achieve reconciliation on all sides. However, I hope the group stays and keeps its eye on the road. As politicians we wish to do whatever is possible to support the group on its journey. As politicians, what can we do to help the group on its way?

As the co-chair of the British-Irish Interparliamentary Body I thank the group for accepting the invitation to come to Donegal in March for consultation. I look forward very much to the advice of the group. It has consulted with such a wide number of views and its door was always open, as I understand it. I do not believe we are in a position to dictate to the group, but certainly any advice it could offer would be helpful.

Mr. Pat Doherty, MP, MLA

I endorse the very warm welcome given by the chairman to the delegation. I have known Dr. Eames and Mr. Bradley on and off for many years, and have known Mr. Bradley as far back as the early days of the 1990s and the first steps in the emergence of the peace process. I have no doubts concerning the commitment of the individuals and the commitment of the commission given the time spent, the individual trauma experienced during and exhaustive process and the engagement with the victims which involved listening, questioning and debating. The group has reflected the very deep seated feelings of victims.

However, there is a fundamental fault line running through this process which is very deep, wide and ugly. The British Government established the commission. It funded it, set the remit and will have the final call on the recommendations. The same British Government is a protagonist in the conflict, not an innocent observer. It has used a litany of devices and, at times, good people in the past 40 years. I refer to the inquiries of Scarman, Widgery, Sampson and the three Stevens inquiries. I refer to the Inquiries Act, the inquiries team, immunity from prosecution and many other issues of which we have not yet heard tell. This is the deep fault line. The same British Government involved itself in torture, collusion and shoot-to-kill policies. These were not one off incidents or cases of one bad apple in the barrel, but strategies cleared and directed at British governmental level. In plain language, the British Government authorised the murder of its own citizens and it will do anything and everything to block that coming out. That is the core fact. Does the delegation not see that this is a fundamental problem that will be almost impossible to overcome while the British Government controls the process? I do not doubt the individual integrity of the members of the delegation, but it should be very careful that it does not end up, as previous inquiries have, being used by the British Government, which will do anything it can to block the exposure of its involvement in the conflict.

Dr. Robin Eames

I will deal with some of the points. Dr. McDonnell has touched on what is, for me, a vital part of the situation, namely, the mental scars and the amount of money required to deal with that. Everyone can give statistics and say X thousand people were killed. That is indisputable. People can say X number of victims were taken into hospital care and so on. There are pages of figures in the report. However, no one call tell us how many people were victims of the conflict in Northern Ireland simply because they have been affected by it. I use the word "affected" in its widest sense.

I do not need to inform the committee of the controversy which raged, after we produced the report, over the question of £12,000 to all victims of the conflict. I do not need to remind the committee of the thinking behind the proposal, because the Legislature here had done exactly the same thing some years before. At that time it did not cause the greatest ripple that one could imagine in Northern Ireland. What people did not realise in the outcry which followed the suggestion of the consultative group, was that the definition of a victim, which is anyone who has been affected by the Troubles, was on the statute book in Northern Ireland since 2006. There were politicians in Northern Ireland who either conveniently did not know that or ignored it when commenting on our report.

Deputy Blaney asked what politicians can do to help and I have a simple answer for that, which may surprise the Deputy. Do not do what some people have done, which is, in attacking the message, kill the messenger. Mr. Bradley was kind enough to refer to the situation in which I find myself, coming from the unionist background. It has been hard. It has been very difficult, because the perception persists among many in that community of the unfairness of going down the road under that proposal, which has now been ruled out by the British Government.

I was party to a situation in which there was an equivalence between those who had set out deliberately to kill and those who were, in their terms and the terms of the community from which they came, there to defend the community. Nothing could be further from the truth. Did they not remember the number of graves I stood beside to bury members of the UDR, RUC, British security forces and other groups? I find that very hard to take, not only in terms of a personal record, but the inability to remember what the law of the land is in Northern Ireland.

The victims commissioners, four of whom have been set up in Northern Ireland, deal with a significant morass of situations for victims. I wish them well. They have supported what we said about the question of the definition of a victim but that, for many politicians, was conveniently forgotten.

What can politicians on both sides of our Border do to help us? They can address the report rather than address those who are trying to present it. Our group is no more and we are with the committee today as two individuals. We happen to have been privileged to have been co-chairs of the group for 18 months. I appeal to people not to attack the messenger, when what one is attacking is the message. That is one of my reactions to it.

I defy anyone to read the report and, in all honesty and having thought about it, say it has taken, in any way, a partisan position. I do not believe it is open to such an attack in any particular form. I return to colleagues who were speaking about the way the group was set up and implementation of it lying with the British Government. No doors were shut to us in the process we were engaged in. I fully accept the misgivings people have and I can understand why they have them, but that has not been my experience in the 18 months spent producing this report.

Mr. Denis Bradley

I will address the issue of the mental scars Dr. McDonnell referred to. It is a significant problem. We had many representations on the issue and were surprised by the lack of co-ordination which existed at the mental well-being level. A distance exists between the statutory authorities and what is happening on the ground. There is a need for co-ordination and it could be much better done. It is an issue which will be ignored unless some extra money goes into the process because the health systems are already under a fair amount of pressure.

It was part of the reason we recommended a bursary which would contribute towards the co-ordination of that type of work. There is much good work happening but it is not always happening in all places, co-ordinated properly and as readily accessible to people as it might be. The situation has improved, as has been identified, over the last number of years but in the early years it was pretty awful. There is much work to be done in the area. There are people willing to do the work and co-ordinate it, but it needs some guidance and money. It does not need a significant amount of money but it needs some. That is why we made the recommendation. Mr. David Bolton, who came to prominence after the Omagh bombing, would say there are many other people working in that field as well. I thank Mr. Doherty for his kind words.

The report does not exclude the British Government from being a protagonist. In fact, it numbers it as being among many protagonists. There is a challenge to the IRA, UVF and British Government. I am not sure any party can still talk as if it had no influence within the situation. Sinn Féin has significant influence with the British Government, as does the Irish Government.

There is a need for all those influences around the room of the past. This is a process. Our report is about a process and not about a place reached. It is about a methodology of reaching a better place. There will of course be tensions. When one goes into the room the British Government will say "We keep all the records and the IRA kept none". It will say it is easy for the IRA to talk about a truth commission because it will open boxes. The British Government will ask people to open boxes and the IRA will tell it there are no boxes. The same thing can be said to the UVF about those kinds of issues. It will be argued that under a particular piece of legislation, a group cannot get into the middle of MI5 or MI6, as it used to be in Northern Ireland. They are all issues but this is a process.

We have recommended a process of how to make that possible and achievable. We have identified some of the difficulties and tensions within that. We have said it may not be good for full disclosure to always be on the table because it may disclose that the British recruited informers to a degree that not only damaged individuals but also communities. Full disclosure on informers is not in itself a healthy thing, in our view. However, it has to be managed within this process and our report gives the methodology for dealing with that process.

We were tasked with finding a way forward for an Irish and British, and not an international, situation. Our report contains the detail of how that can be done and how the process can be achieved. It will, as all processes do, depend upon the relationships between the various people in the room. Sinn Féin has developed a very good relationship with the British Government but there are pressure points. The relationship between the Irish and British Governments is excellent but there are pressure points. There will be other pressure points which could and should manage this with as much integrity and the possibility of as good an outcome as possible for victims and the well-being of our societies North and South. It is a process and not a destination point as yet.

The report is very clear in stating the work should be done within a five-year period. There should then be a ritualisation of putting the past behind us so we can move into a clearer space in the future.

I welcome this debate. As a fellow Ulster person living north of Northern Ireland, I find it is always an interesting thing which confuses people from abroad because they do not understand the South is north of the North. The witnesses are probably victims as much as anybody else. One can get into difficulties when one speaks about a hierarchy of victims. The witnesses have had their share of the impact of the last number of years and I acknowledge that here today.

There is a question I always go around in circles on and I am still in the circle after all I have heard. Can one go forward without dealing with the past, or is the past so difficult one cannot deal with it? I hear quite clearly that we must deal with the past. In connection with that, the first question raised was about timing, but timing is relative.

There are ten year olds who do not know what it is to have a Border checkpoint or be searched going into a shop. There are 15 year olds who were around at the time of the Omagh bombing. There are different points of time for different issues. We keep forgetting there are generations growing up who do not remember much of what happened. There are other people who think the War of Independence is too recent to deal with.

Timing relates to who one is and where one lives. I lived in Inishowen and we felt the economic impact of the Troubles. The family was affected directly and indirectly, economically, emotionally or by the loss of family members. There was a hierarchy of people who were at the edges of the war in both communities, and those on the Malone Road who did not feel the impact. The late David Ervine said that if one was on the 19th hole of the Malone golf club it did not matter whether one was Catholic or Protestant. That goes back a fair number of years and raises the question of where history starts.

In starting to deal with truth one might feel the need for the international community to give the green light to open up on all the dirt. Mr. Bradley said a moment ago that full disclosure is not necessarily healthy but can one deal with truth without dealing with everything? If one deals with everything does it create such a mess that one cannot go forward? For me the worst aspect of this issue is that the more I explore it the less I know about it. I did a report for the Council of Europe on how to teach history in areas of recent conflict and started by thinking that I knew all the answers, for example, that people who had been segregated should be integrated. When I went to Bosnia I realised that the people there were integrated yet the conflict happened. As one goes deeper one realises that this is more complex than it ever looks on the surface.

In respect of the legacy commission or moving on, this must be the road map to a future rather than something to do with the past. It must deal with the past to get to the future. There must be two aspects to the thought. It has to be co-funded and co-led and unified by all who participate in it, or it will not work. That raises the question of involving the IRA. If people do not move on one cannot review and investigate the historical cases. If the Governments are not honest about what happened it is not possible to move forward and it is a waste of time setting it up.

Multi-perspectivity is emerging, in the teaching of history in areas of conflict, for example, seeing the issue from Archbishop Eames's and Denis Bradley's perspectives, reading the Belfast Telegraph, the News Letter and The Irish News versions of it, and then coming to a conclusion. There is no single truth. Are we doing enough to integrate what goes on in schools, what has gone on in the community, and what children pick up from their families and communities? When I researched that report I found that politicians on education committees and teachers feel that schools are safe havens, away from the reality of what happens. Children who leave home wrapped in their family and community background, particularly in areas on the fringes of the worst divides and go into school with preconceived ideas are the ones who most need someone in the school to give a broader picture.

Dr. Alan McCully in the UNESCO centre in Coleraine has worked on this and found that those children know who they are but expect the school to give them another perspective into which they can feed their information. It is grand to recommend engagement with community issues arising from the conflict but some people seem to separate that from the education sector, or see health as separate from the reality of the conflict. We are not doing enough to integrate one with the other. That is education policy. Politicians in the executive are making it work now but for a long time there was a sense that they told their communities they were not really working together because they did not want to sell out their own sides. The message from politicians and policy must be clear that we are allowed to look at how both sides views the issues, to see if they have anything in common. Even if they have nothing in common they need to understand that other people have other ways of looking at the same issues.

In respect of mental health there are simple problems, for example in Ireland we do not recognise music therapy as a profession whereas it is recognised in the North. I have met people who do not know the impact of their experience. They know they need help but look for occupational therapy. How does one get those who need a great deal of help but are not sure they have been affected by the Troubles to the point of looking for help? People have come to my clinics saying they need a shower because they have difficulty getting into a bath but when the conversation is finished I realise the house is falling down around them. That is what they came in to say but would not do so at the start. People come to me and skirt around the issue. I sense that there is more to it yet fewer people were affected in Donegal than in other counties in the North. There were people killed in Donegal or members of whose families had been killed in the North, or affected. They are not sure how to move on. I could go on for a long time but I am sure time will defeat me.

A great deal of money has been spent on peace and reconciliation be it the money from the Irish Government, the European peace and reconciliation fund or the tribunals, and there are plenty of them North and South. Does it get to those who need it or does it all go into legal fees? Do we audit how it is spent and learn from the mistakes how to move on? Is that in any way central to anything Mr. Bradley or Dr. Eames have said? If we look for more money to spend on reconciliation and helping people get over those hurdles but cannot say how it was spent in the past how can we move into the future? Dr. McCully says that his research with young people shows that females empathise with remembrance. How can remembrance activities be brought into the school system?

If I was trying to find an answer my immediate reaction would have been rather than give out €12,000 to create some memorial from which everyone would gain. Mr. Bradley and Dr. Eames say that the memorial cannot yet be agreed upon. I recently visited the museum in Warsaw and in four years 2 million people have passed through its doors. I am not equating the two things but the museum displays all aspects of culture, representing people from all sides, whether a Nazi officer and German Spitfires, or someone from a camp, under the one roof. Is it possible to do something like that for everyone in the community, rather than the victims? Everyone in the North could be included in the frame as a victim if the definition were widened to everybody affected. When we were students and went to Huddersfield we waited at the door of a shop to be searched without realising that it did not happen everywhere. If I was that way inclined I could say I was a victim too.

I welcome Dr. Eames and Denis Bradley and compliment them on the good work they have done. It is an honest attempt to try to bring a conclusion to the terrible tragedy that continued for such a long time in Northern Ireland. I also compliment the witnesses on all the good work they have done for peace and reconciliation projects prior to this.

Many of the issues have been dealt with so I would like to come at this from a different point of view. Effectively, another process was taking place for a time in this jurisdiction, although the witnesses' process largely started afterwards. In this very room, from 2003 until 2007, a sub-committee of the Joint Committee on Justice, Equality, Defence and Women's Rights sat. Every single surviving victim or relative of those 133 people who died in this jurisdiction came before us and gave us their testimony and their views. That was preceded in 1998 by the report by John Wilson, who had been asked by the Taoiseach of the day to look at the situation, followed by Mr. Justice Hamilton, followed by Mr. Justice Barron, followed by Paddy MacEntee. It is not as though there has only been one look at the situation and attempt to resolve it. This has been going on in this jurisdiction for a considerable time; there have been parallel processes.

No single process is prescriptive or definitive; no single process covers it all. We have a story in the Republic that we wish to tell and the witnesses who came before us then wish it to be told in a different fashion from the witnesses' experience. Every victim in the Republic resulted from cross-Border intrusion by terrorists who bombed and shot Irish citizens. Every casualty resulted from an intrusion from another jurisdiction. That naturally produced different findings. Lord Eames and Mr. Bradley were in the House when we debated the final report in 2007.

I will read out the main finding of the justice committee for the final report:

The sub-committee is left in no doubt that collusion between the British security forces and terrorists was behind many, if not all, of the atrocities that are considered in this report. We are horrified that persons who are employed by the British Administration to preserve peace and to protect people were engaged in the creation of violence and butchering of innocent victims.

The sub-committee is of the view that, given that we are dealing with acts of international terrorism, that were colluded in by the British security forces, the British Government cannot legitimately refuse to co-operation with investigations and attempts to get to the truth.

Every effort made by that sub-committee, of which I was a member, to get information from the British Government was stymied. That is a strong finding and as a result it was paramount in the minds of those who bore witness here that they get justice. They wanted truth and reconciliation but they also wanted justice, they wanted those who had caused those atrocities to be brought to justice, even at this remove. We cannot get away from that, even though we might wish it away and say we should just deal with reconciliation and let that be an end to it.

The findings of the last report recommended the establishment of an international committee, like that of Peter Cory that was established to investigate some of the issues in Northern Ireland, with an international judge of high standing as chairman who could look at those documents and come to a conclusion. Failing that, the Irish Government should initiate a case to the European Court of Human Rights. That is where we stand. Our Parliament, not the Government or Department of Foreign Affairs, is at that point in terms of the atrocities carried out in this jurisdiction — the first Dublin bombing in 1972, the Dublin and Monaghan bombings in 1974, the murder of Séamus Ludlow, the Dundalk bombings, and so on. There are 133 victims and those who came before us had their wishes reflected in our report.

We must pursue that, so I would not like to see a situation where a consultative group on Northern Ireland would say that the Irish Government must assist with the implementation of this report. We also have a report. What must happen now is that the witnesses sit down with those involved in this jurisdiction and we try to sing from the same hymn sheet. We must not shut all doors for prosecutions that might take place in future. That is a firm finding of the deliberations that took place around this table so that we can move on, pull society together and join the communities in reconciliation. We cannot, however, leave it unfinished when there are people who committed the most atrocious of crimes in this jurisdiction, and that was reflected in our report.

If we are to make progress in this matter, there is some talking to be done. We must try to reconcile a way forward in terms of the dual processes of investigation, examination, discovery and the wishes of those witnesses from this jurisdiction as well as Northern Ireland.

I issue that invitation, that we might move forward and open discussions with this committee, which approved the report of the subcommittee and represents Members from all sides of the House. It is a parliamentary report as distinct from a report produced by the Government.

I also welcome the two witnesses. It is a privilege and an education to have them here because this is a complex and ongoing issue. The important aspect is that we continue to deliberate and engage on the issue.

It is educational just to be here today. I think back to the last time I was in the company of Dr. Eames. He would not have been aware of me as he was preaching from the pulpit. To borrow a quotation that he borrowed on the day, "education is what is left when everything else if forgotten". That stayed with me and it is relevant to the discussion today. While we use words or jargon such as truth commission and legacy, this is a process of education. As a former school teacher, I believe education must be inclusive, transparent and rational.

On the issue of inclusivity, as both witnesses have mentioned, we cannot have geographical constructs in regard to this human story; that is the bottom line. We are not looking for an Irish solution to an Irish problem. This is a British-Irish problem as has been acknowledged here today. In terms of transparency we have to be truthful and honest and all of us, including politicians and different groups, have to take responsibility.

The third element to any educated process is that it has to be rational to the public and wider society but more importantly to the victims. It has to be rational to them and it has to make sense. They have put forward their suggestions to the witnesses in the 18-month period that we as politicians have to take on board and we have to follow up, not with words, but with action. The action needed here is financial. While not everything boils down to money, we have to take action in terms of our contribution to the education process and take responsibility in that area.

A neighbour of mine, in fact he would be a closer neighbour of Pat Doherty, said to me a few years ago when there was an almighty row in a pub over politics, "When all is said and done there is a hell of a lot more said than done". That struck a chord with me. We owe it to the people who lost their lives and those who lost loved ones to not just take the platitude route and do the talking, we have a responsibility to take action.

I again welcome the witnesses. As a Border Deputy I acknowledge that Mr. Bradley referred to the cross-Border construct which is rational.

I thank the Deputy.

Mr. Denis Bradley

There was a lot of material which I hope I can deal with quickly. The question raised by members about those tensions is an honest one. This will be a quick, inappropriate and not an adequate response but I will give it. The difficulty is that we are dealing with the past, particularly in Northern Ireland, but we are dealing with it through the criminal justice system, through victims' groups and so forth. The main way we are dealing with the justice issue is through the criminal justice system and it is putting a lot of pressure on the criminal justice system. This is a big question for politicians internationally because there is not an easy simplistic answer. The criminal justice system has a big part to play but if all the past is deposited within the criminal justice system, it damages the system, the victims and the outcomes that would allow one move into the future. I make that reference to the internationalcourt in that it is in difficulty today and also involved in a very important debate today about Somalia and so forth. Those will become important issues. We are dealing with it in some ways.

Let us be honest. Mr. Martin McGuinness put this very well when he said if the British had apologised around Bloody Sunday it would have done much more good than the Widgery tribunal. Those are not his exact words. I just think that is an important contribution because it is not always prosecutions that people are looking for, which the criminal justice system is set up to deliver and which it is best at, but it is not very good around the emotional human needs of people.

The Widgery tribunal which I supported and campaigned to have set up, did not always deal with the issues or the human beings very well in the sense that it was adversarial when people wanted to tell their story. The people had no option but to go for the Widgery tribunal because no politician in any of these jurisdictions has set up a method of dealing with these needs, other than the criminal justice system.

The Irish Government has had an issue around things that have nothing to do with the criminal justice system about different methods of inquiry — whether they should be judicially-led or take part in a different forum. One was about Revenue income and methodologies of paying taxes and so on which some politicians thought was better, delivered faster and cleaner and allowed for better discussion than in some of the judicially-led processes. That was only about a small issue.

If one gets into the human context and all those histories in which we are all engaged, the criminal justice system is not always the best method of dealing with it. Politicians need to address this issue. We in the North are working off 1923 legislation which has delivered up to 1980 but the world has moved on. That is how we are dealing with it and that is not fully appropriate. I want to return to it in a few seconds.

We are spending European money which this year amounts to €303 million which is way down from nearly €1 billion. Have we spent it well? Many good things have happened and are happening around the Border areas. Is it well audited? I do not know. Is it money well spent? I do not know, but at least Europe got involved and gave big contributions during the past four to eight years.

To respond to Deputy Costello, we were tasked with taking on the landscape of initiatives that had happened and were happening within these islands. We were not unaware of the committee's efforts and its reports. That was part of informing us that kept the judicial door open, because part of our recommendation is that it is not appropriate at this moment in time to close down the possibility of prosecutions. That was partially informed by the work this committee had done and all the other people to whom the Deputy referred. I second what the Deputy said.

People need to talk around these issues at either parliamentary or governmental level, whichever is appropriate, but there have to be conversations. This is a big conversation and it should take place very soon. I am glad the committee's work is done. It is a very important piece of work which we took on board. We were very aware of it when dealing with that issue because many people wanted us to close down the judicial process. We said that would not be appropriate, that it was not right and that we would not do it. However, we cannot keep it open forever and keep people's expectations that prosecutions will happen 40, 50 or 100 years after the event, particularly in light of some of the judgments made by some of our judges in the North of Ireland in recent times. I do not want to get bogged down on that issue too much. I am also responding to Deputy McHugh in regard to that issue. I thank him for his comments.

Dr. Robin Eames

One of our conclusions is that the criminal justice system as it exists in the North is not delivering to people their expectations before they turned to it. That includes the inquiry system, the coroners' courts and so on. What people do not realise, in general terms, is that when they look at our proposals for the four strands under the legacy commission, we are giving the blueprint for something that will answer the desires of all those people who feel they turned to the present system and did not get justice. We put an awful lot of work and research into that proposal.

The second issue goes back to some other questions a long time ago in our session. Can I float a question? When is any community mature enough to take the truth about itself? When is any community mature enough to listen to the other community's story? One of the problems in the process of story-telling — I have problems with that phrase but it is now accepted by all of the members as the way to do it — is that I may be anxious to tell my story but if I have another appointment the other person need not bother wasting time telling me his story.

Following the process of listening to people we found that there were many who were anxious to tell their story but there are not the same number willing to listen to the other person's story. That gets back to my question: when is a community mature enough to listen to the truth about itself and the truth about someone else as they perceive it? One aspect that comes out of our report is that this is a process which lies at the root of so many of the problems we tried to tackle.

The second point I must make, and I will be brief, is that it is easy to talk about passing on the sins of this generation to the next. That brings the education aspect into focus. There are little children in our schools who, as the members rightly said, do not know what it means to be searched or who have never seen road blocks and so on. I recall a close friend of mine going into a shop in London — I cannot say what type of shop it was — and immediately opening her hand bag to the man in uniform at the door who looked aghast at her and said, "I do not want anything from your hand bag".

To get back to the schools, whose version of the history of this process do the members want their children to hear? Whose version of what this conflict was all about do I want my grandchildren or their children to hear? A little child — I will not reveal who it was or the age — said to me the other day, "What is all that about? Is it the same as the films about the war,D-Day and so on?".

We must recognise at this stage, as politicians or as those trying to move the process forward, that we have got a communication and a sensitivity problem. How do we give the truth to the next generation and has our community, whoever we are and from whatever community we come from, matured enough to take the truth? I speak of all of us. There is a judgment to be made in that respect. What damage is caused by telling the truth to a community before it is ready to hear the truth? What damage is caused to a community by not telling it the truth because we did not have the courage to tell it? Those are some of the deepest thoughts I will take away from this work. I believe Denis wishes to contribute.

Mr. Denis Bradley

I want to add one comment. There was an article in yesterday's edition of The Irish Times about Boston University to the effect that we had not responded to the setting up of an archive museum where stories were collated. The article is not quite accurate.

Dr. Robin Eames

No.

Mr. Denis Bradley

The victims' commissioners in Northern Ireland are tasked with doing that and are engaged in that currently and we did not intend recommending anything that was within their scope of work and that was already happening. It would not have been up to us to decide whether that should have been Boston University. I believe the victims' commissioners are liaising with the BBC currently regarding those possibilities but some of the type of money is coming from Europe and so on. I wanted to record that because it appeared in public yesterday.

I thank both speakers. We now have the fourth and final tranche of speakers. I call Deputy Michael Ahern.

Along with my colleagues I welcome Dr. Eames and Mr. Bradley. I commend the work of all the members of the commission in the 18 months period. As someone who is from the deep south, the opening statement brought to life many of the words on the pages, which is important.

The Consultative Group on the Past was established to find a way forward out of the shadows of the past. That cannot be imposed from outside but must come from within the community. The commission's work, its report and the involvement of the people from across society show that people can work together to find the way forward. As Mr. Bradley said, this is a process and this is the commencement of that process. The involvement of the Irish Government in the process moving forward is vitally important, as it was in the involvement of the entire peace process.

I note also the report acknowledges that a sizeable amount of work would be needed to enable implementation of its recommendations. Has there been any detailed response from the British Government to help that process move forward? Also, has there been any response from the Irish Government and the Northern Ireland Executive?

I join my colleagues in the genuine welcome expressed to Dr. Eames and Mr. Bradley. Their contributions were an inspiration. Senator Keaveney said they were victims also, and that is the case, but we are all affected by the conflict. It is part of our shared heritage. Dr. Eames and Mr. Bradley are particularly involved in that and to an extent have suffered through the entire process. They have great moral authority and it is inspiring to hear them speak. It is accepted in all the contributions today that they do have that moral authority. We very much respect the work they are doing.

I am a Border representative. Mr. Bradley remarked that he established from the submissions an ongoing fear among the minority community on the Border of a recurrence of violence. There is a challenge when that fear exists. I do not doubt Mr. Bradley in terms of anecdotal evidence but it is a major challenge with which we must deal.

The mental scars, the subject of much discussion, are extraordinarily important. All of us are scarred by the conflict but the degree to which I am scarred compared to many of the people closer to it, the victims and their extended families, is much greater. The response of the mental health services and of us all to that is of major importance. We all have a responsibility in that regard — the stakeholders, the Governments and all the agencies.

I hope the legacy commission suggestion will gain a level of support from Sinn Féin and that it will identify with that process by virtue of its genesis from the two Parliaments and the fact that its authority will come from the two Governments. It is hoped that the next phase will get the confidence of every sector.

The reaction to the compensation package is sad and it is a pity that did not progress. I would be interested in the representatives' comments on that.

From my perspective the entire discussion this morning has been excellent. It reminds all of us that this process is by no means over and that we still have a responsibility.

Engagements such as this are valuable. I wonder at Mr. Bradley's huge faith and acceptance of responsibility in regard to Sinn Féin's role in addressing all these matters. He concentrated on that aspect to a considerable extent in his contribution. I was not surprised in the first instance when he made the point that the burden of responsibility fell largely on Sinn Féin in terms of the IRA stepping up to the plate, but he made the point later, in response to Mr. Pat Doherty, that because of our relationship with the British Government we also have almost an equal responsibility to get it to step up to the mark. I advise Mr. Denis Bradley that we will play our part, make no mistake about it. We are fully committed, as we have demonstrated at every opportunity, but I have to measure contributions like that as to how helpful they might be in terms of trying to move and build upon all that has been at the core of our discussion here today. It is important that each and every one of us listen carefully to ourselves and the messages we are delivering. There are audiences out there. This is an important point.

I will finish on this note. We are talking about truth. Across all of this there is more than one truth. That is something that each of us has to collectively recognise and appreciate. There is not a single truth that can be committed to paper. There are several truths. It is a case that the burden of responsibility falls on everybody and all protagonists in the conflict not only the IRA, make no mistake about it, if we are to move forward in a real and inclusive way towards truth, justice and reconciliation, which I emphasise is the most important component of all of this.

Dr. Alasdair McDonnell, MP, MLA

I refer to Deputy Ó Caoláin's initial point about the terms of reference and control of the commission. What we have heard today indicates that whatever were the origins, dare I say it, the conception and gestation of what went on, we have got something valuable here in terms of this report on which we can work. While I might share the concerns of my colleagues at many levels in terms of Perfidious Albion, as it were, the point is we have got this report. I remind colleagues that Dr. Robin Eames and Mr. Denis Bradley are no longer members of a commission or a group. They are, dare I say it, two redundant, semi-pensioners, as it were. I am being serious and apologise for saying that.

Mr. Denis Bradley

Is that covered by libel law?

He will need the protection of the Chair.

Dr. Alasdair McDonnell, MP, MLA

They have no authority to go forward with this. That point has not been dwelt on enough today. They have moral authority arising from the work they have completed during the past 18 months, but they have no standing in this respect now. They became redundant when the report was published. They are doing us a courtesy by being here today. They did the Select Committee on the Northern Ireland Affairs at the House of Commons a similar courtesy. Their function in this respect is over. There are no resources to continue this process. We have all urged them to do various things from our various angles. There are not the resources to do that. There is a crying need to take this debate forward and create some outcomes. I am appealing to colleagues, through Government circles, the Department of Foreign Affairs or this committee, to move forward this process because we cannot, with all due respect, leave it now at this stage.

We have had an intense meeting, as Senator O'Reilly said, and, to my mind, it has been the best one this committee has ever had. We cannot leave the process at this stage now. There are victims' issues south of the Border and many victims' issues north of the Border. If we only get to bring closure to 50% of the victims, 50% closure for 50% of the victims would be a tremendous achievement. We will not achieve everything. I appeal not only to our two guests but to the Chairman and other members around the table to reflect on how we might bring this process forward. Should we have a follow up session? It would be disastrous if we were to leave here today and this would be the end of the process. Through whatever resources we have, we should all put pressure on Governments or wherever it is possible to do so to ensure this process moves forward.

Mr. Pat Doherty, MP, MLA

I want to clear up the confusion earlier. Deputy Joe McHugh and I live in the same parish.

This is by far the best exchange of views we have had since this committee was established. The format of the committee is that we ask questions and answers are given. On many occasions Dr. Robin Eames and Mr. Denis Bradley asked us questions. Perhaps we should reflect on that. Dr. Robin Eames asked is the community ready to receive this report. I believe now is the time, otherwise our children will be reading it in the history books.

In a similar vein to what Mr. Pat Doherty said, both Deputy McHugh and Mr. Pat Doherty live very close to me in a different parish. I am building a bridge to bring these two boys into my parish, regardless of whether I am being wise in doing that.

Dr. Robin Eames

I did not realise it was such a big parish.

We are a very closely knit family up there.

(Interruptions).

It would be more constructive.

In light of what Dr. McDonnell said, we should empower the Chairman to make whatever moves he considers necessary, whether that would involve bringing Heads of Government or the Minister with responsibility for foreign affairs on either side before the committee or writing, on behalf of the committee, to try to move forward the agenda following the report having been published. Rather than this process coming to a halt, there should be some forum in which to move forward on the basis of the recommendations. That is only the start of the journey. There is a long way to go and we cannot let it end here. I propose we give the Chairman the power to write to the individuals involved to push them to do something about this or to invite more people to attend before the committee.

I apologise for intervening a second time but I wanted to refer again to that issue concerning truth. Dr. Robin Eames asked what truth do we want our children or our grandchildren to understand about what happened. I want to reiterate a point, also made by Deputy Ó Caoláin. In the Soviet bloc at one time there was the truth that was taught by the teacher to the children who learned it and imparted it forever. The concept now is that there should not be a single truth. That must be embraced by politicians and in political policies. If we do not engage with it through education in schools, what truth will our children assimilate from the family and the community? If they are segregated, there will never truth from the point of view of the other side. One message I want to get across is that if we are to pursue this issue in regard to the legacy of the victims and if we are contemplating the future, we cannot do it without examining the role of education and the role of education policies led by politicians to accept that it is acceptable to explore how the others thought about the particular events with the concept that there is no single truth and there will be no agreement on the truth. If we think there will be a single truth, we will never get there.

I second Deputy Blaney's proposal that it be left to the Chairman to invite the Minister for Foreign Affairs, Department officials or whoever to appear before the committee to further this discussion and to try to move forward this process.

I apologise for being late. The Order of Business in the House ran late and there was a meeting of a legislation committee. I assure you, Chairman, the members of the committee and our guests, Dr. Eames and Mr. Bradley, whom I have respected for many years, that if the Seanad can play a role, you can feel free to enhance that proposal in any way you think appropriate whereby we can play a part in discussing this report or enhancing it in any shape or form. I can offer that facility here today and you can discuss it with the Minister and Taoiseach in that regard.

Thank you, Senator. I will return to the witnesses for the last time. The meeting is in its third hour. Do the witnesses wish to comment?

Mr. Denis Bradley

I am not having a go at Sinn Féin or putting responsibility on Sinn Féin, apart from the fact that the republican community, Sinn Féin and victims groups that may be in agreement or disagreement with Sinn Féin have made strong recommendations and calls to us that there should be an internationally established truth and reconciliation commission. My point is that if this report goes down, there are no mechanisms for setting that up, unless it is set up under the auspices of the British and Irish Governments. There are no auspices internationally. To continue that debate, particularly within the victims' community, raises expectations that are not realisable. If they were not realisable ten years ago, they are certainly not realisable today. I do not believe they will be realisable within the next ten or 15 years.

The United Nations does not have a mechanism to do it. We examined and explored this. One of the political people from within the republican community said he believed that if the British Government went and pleaded with the United Nations to do it, the UN would do it. There is no such mechanism and no such history. It should not be left out there hanging, as if this is an alternative to what we recommended. That raises expectations way beyond what is achievable within the political reality, unless someone can outline a new political reality. We took those suggestions very seriously and examined and explored them. That was the result we came up with. I am appealing to either the IRA or the broader nationalist community that if this goes down there is no other mechanism that we can envisage to get at what I think people have the right to get at, which is some truth. That was the main burden on the broad republican community.

Dr. Robin Eames

I will be brief, Chairman, because you have been extremely patient with us. We were asked what the position is at present in so far as the British Government is concerned. As Dr. McDonnell will bear testimony with me, in the House of Commons yesterday the Secretary of State for Northern Ireland assured the house that the report, apart from the recognition payment provision, will receive serious study by the British Government. He was asked how long that will take but he was not prepared to commit himself, which I understand. However, we had the assurance in the House of Commons yesterday that the report is being given serious consideration.

The suggestions in the past few minutes whereby you would find ways to encourage the process are extremely valuable and much appreciated by us on behalf of the team. The word "compensation" was mentioned with regard to the provision of the first proposal of our report. We were not talking about compensation but about recognition. That should not go out into the ether because nobody has the moral position of putting a price on a human life. It was not compensation we were talking about but, as is the case in this jurisdiction, recognition.

On behalf of Denis and me and, through us, on behalf of our team, I thank the committee very sincerely for the reception it gave us, the discussion we have had and, above all, the encouragement we are taking away from this meeting.

Dr. Eames and Mr. Bradley, on behalf of my colleagues and me, I sincerely thank you for appearing here today to deal with what has been an emotionally draining experience for you and all of your colleagues in the consultative group. We deeply appreciate your contribution. This has been an outstandingly useful discussion. With this report you have built a broad framework for consideration of the legacy of the past in Northern Ireland. I recognise, as others have, your difficulty in finding a broad and acceptable societal response to what are, at heart, personal stories of pain and loss. This is an issue which still has the power to be divisive and it is clear that it requires and deserves respectful thought and reflection by everybody. You and your colleagues are to be commended for your courageous and candid approach to your work and for providing the necessary space for the voices and the wishes of so many people affected by the Troubles. This is a time to acknowledge and respect the different opinions and experiences that this report and the issues it deals with evoke on all sides.

There is an opportunity now for civil society in Northern Ireland to play a key role in creating a context in which the many recommendations and challenges made in this report can be considered fully. Human life is sacrosanct. This belief is clearly at the core of your report. It is a belief which we all share and one which will be at the heart of any consensus in the future on how to deal with the difficult legacy of the past. I have listened with great interest to what you have said so fairly, openly, sensitively and humanely. I have listened, too, to what my colleagues have said in the discussions we have had over the past three hours. I propose to have discussions with the Taoiseach, the Minister for Foreign Affairs and with the relevant officials. I am delighted that officials from the Department of the Taoiseach and the Department of Foreign Affairs have been in the Public Gallery to observe and listen to this debate. We must await a response from the British Government to this report. The committee will do its utmost to have an engaging dialogue with the Minister for Foreign Affairs in due course.

It is critical that there is a tripartite engagement in response to the report between Northern Ireland and its representatives, the Republic of Ireland and its representatives and the United Kingdom Government. If we all focus on the tragedy of the past 40 years in Northern Ireland and work together in a consensual way and with mutual respect, taking into account the huge contribution Dr. Eames, Mr. Bradley and their colleagues have made, and all of the other reports that have been alluded to here today, I hope we will be able to take small steps forward that will ease the pain of the victims of those 40 years, taking account of the giant steps that have been taken over the past ten years.

We thank you once again. We salute your dedicated efforts and look forward to consulting you again in the future. We thank them not just for today, but for every day over the past 40 years. They have made a huge contribution in Northern Ireland and were beacons in the darkness during the difficulties of those past 40 years. We look forward to their continuing measured and humane leadership, and their engagement with us to try to bring this matter to a final resolution.

We will now adjourn for lunch and the next meeting of the joint committee will be notified to members in due course. I thank everyone very much.

The joint committee adjourned at 2 p.m. sine die.
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