SPEAKERS CONTENTS INSERTS
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26–650PDF
2006
THE NORTHERN IRELAND PEACE PROCESS:
POLICING ADVANCES AND REMAINING
CHALLENGES
JOINT HEARING
BEFORE THE
SUBCOMMITTEE ON AFRICA, GLOBAL HUMAN RIGHTS AND INTERNATIONAL OPERATIONS
AND THE
SUBCOMMITTEE ON EUROPE AND
EMERGING THREATS
OF THE
COMMITTEE ON
INTERNATIONAL RELATIONS
HOUSE OF REPRESENTATIVES
ONE HUNDRED NINTH CONGRESS
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SECOND SESSION
MARCH 15, 2006
Serial No. 109–152
Printed for the use of the Committee on International Relations
Available via the World Wide Web: http://www.house.gov/international—relations
COMMITTEE ON INTERNATIONAL RELATIONS
HENRY J. HYDE, Illinois, Chairman
JAMES A. LEACH, Iowa
CHRISTOPHER H. SMITH, New Jersey,
Vice Chairman
DAN BURTON, Indiana
ELTON GALLEGLY, California
ILEANA ROS-LEHTINEN, Florida
DANA ROHRABACHER, California
EDWARD R. ROYCE, California
PETER T. KING, New York
STEVE CHABOT, Ohio
THOMAS G. TANCREDO, Colorado
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RON PAUL, Texas
DARRELL ISSA, California
JEFF FLAKE, Arizona
JO ANN DAVIS, Virginia
MARK GREEN, Wisconsin
JERRY WELLER, Illinois
MIKE PENCE, Indiana
THADDEUS G. McCOTTER, Michigan
KATHERINE HARRIS, Florida
JOE WILSON, South Carolina
JOHN BOOZMAN, Arkansas
J. GRESHAM BARRETT, South Carolina
CONNIE MACK, Florida
JEFF FORTENBERRY, Nebraska
MICHAEL McCAUL, Texas
TED POE, Texas
TOM LANTOS, California
HOWARD L. BERMAN, California
GARY L. ACKERMAN, New York
ENI F.H. FALEOMAVAEGA, American Samoa
DONALD M. PAYNE, New Jersey
SHERROD BROWN, Ohio
BRAD SHERMAN, California
ROBERT WEXLER, Florida
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ELIOT L. ENGEL, New York
WILLIAM D. DELAHUNT, Massachusetts
GREGORY W. MEEKS, New York
BARBARA LEE, California
JOSEPH CROWLEY, New York
EARL BLUMENAUER, Oregon
SHELLEY BERKLEY, Nevada
GRACE F. NAPOLITANO, California
ADAM B. SCHIFF, California
DIANE E. WATSON, California
ADAM SMITH, Washington
BETTY McCOLLUM, Minnesota
BEN CHANDLER, Kentucky
DENNIS A. CARDOZA, California
RUSS CARNAHAN, Missouri
THOMAS E. MOONEY, SR., Staff Director/General Counsel
ROBERT R. KING, Democratic Staff Director
Subcommittee on Africa, Global Human Rights and International Operations
CHRISTOPHER H. SMITH, New Jersey, Chairman
THOMAS G. TANCREDO, Colorado
JEFF FLAKE, Arizona
MARK GREEN, Wisconsin
JOHN BOOZMAN, Arkansas
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JEFF FORTENBERRY, Nebraska
EDWARD R. ROYCE, California,
Vice Chairman
DONALD M. PAYNE, New Jersey
GREGORY W. MEEKS, New York
BARBARA LEE, California
DIANE E. WATSON, California
BETTY McCOLLUM, Minnesota
EARL BLUMENAUER, Oregon
MARY M. NOONAN, Subcommittee Staff Director
GREG SIMPKINS, Subcommittee Professional Staff Member
NOELLE LUSANE, Democratic Professional Staff Member
SHERI A. RICKERT, Subcommittee Professional Staff Member and Counsel
LINDSEY M. PLUMLEY, Staff Associate
Subcommittee on Europe and Emerging Threats
ELTON GALLEGLY, California, Chairman
JO ANN DAVIS, Virginia
PETER T. KING, New York, Vice Chairman
THADDEUS G. McCOTTER, Michigan
DARRELL ISSA, California
TED POE, Texas
J. GRESHAM BARRETT, South Carolina
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ROBERT WEXLER, Florida
ELIOT L. ENGEL, New York
JOSEPH CROWLEY, New York
SHELLEY BERKLEY, Nevada
GRACE F. NAPOLITANO, California
ADAM B. SCHIFF, California
RICHARD MEREU, Subcommittee Staff Director
JONATHAN KATZ, Democratic Professional Staff Member
PATRICK PRISCO, Professional Staff Member
BEVERLY RAZON, Staff Associate
C O N T E N T S
WITNESSES
The Honorable Mitchell B. Reiss, Special Envoy of the President and the Secretary of State for the Northern Ireland Peace Process, U.S. Department of State
The Right Honorable Sir Desmond Rea, Chairman, Northern Ireland Policing Board
Ms. Jane Winter, Director, British Irish Rights Watch
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Ms. Archana Pyati, Senior Associate, Human Rights Defenders Program, Human Rights First
Ms. Maggie Beirne, Director, Committee for the Administration of Justice
LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING
The Honorable Christopher H. Smith, a Representative in Congress from the State of New Jersey, and Chairman, Subcommittee on Africa, Global Human Rights and International Operations: Prepared statement
The Honorable Elton Gallegly, a Representative in Congress from the State of California, and Chairman, Subcommittee on Europe and Emerging Threats: Prepared statement
The Honorable Mitchell B. Reiss: Prepared statement
The Right Honorable Sir Desmond Rea and Mr. Denis Bradley, Vice Chairman, Northern Ireland Policing Board: Prepared statement
Ms. Jane Winter: Prepared statement
Ms. Archana Pyati: Prepared statement
Ms. Maggie Beirne: Prepared statement
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THE NORTHERN IRELAND PEACE PROCESS:
POLICING ADVANCES AND REMAINING
CHALLENGES
WEDNESDAY, MARCH 15, 2006
House of Representatives,
Subcommittee on Africa, Global Human Rights
and International Operations, and
Subcommittee on Europe and Emerging Threats,
Committee on International Relations,
Washington, DC.
The Subcommittees met, pursuant to notice, at 2:58 p.m. in room 2172, Rayburn House Office Building, Hon. Christopher H. Smith (Chairman of the Subcommittee on Africa, Global Human Rights and International Operations) presiding.
Mr. SMITH OF NEW JERSEY. The Subcommittee will come to order, and good afternoon, everybody.
Let me begin at the outset by apologizing for the delay in initiating this proceeding. As I think all of you know, the newly-elected President of Liberia just addressed a joint session of Congress. This was not scheduled when this hearing was scheduled. So again, I want to express my apology to our witnesses and to all of you who are here for that delay.
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First of all, let me begin by saying this hearing will help the United States Congress and the American people better understand the current issues in the always-complex situation in Northern Ireland, and to help guide our efforts as we continue to assist in the realization of a durable peace, and the guarantee of fundamental human rights in Northern Ireland.
The establishment of peace, justice, and prosperity in Northern Ireland, which we all hoped, worked, and prayed for, is still not a reality. There are many encouraging signs, however, but there are also some disturbing ones as well. And we are still not there yet.
Today's hearing, for the record, is my 11th hearing on Northern Ireland in not quite just 9 years, and we will continue to follow the events of Northern Ireland closely and encourage reform for as long as it takes.
Let me just say at this point that 7 years ago today, one of our witnesses, Rosemary Nelson, a very distinguished and very brave defense attorney from Northern Ireland who sat, Ambassador Reiss, right where you sat, and gave riveting testimony about how her life was threatened by the Royal Ulster Constabulary (RUC). She told all of us when we visited in Belfast that they had threatened her over and over again, through her clients as well as directly, that she would be killed.
Sure enough, about 6 months after she testified here on this day, 7 years ago, she was killed by a car bomb.
I would like to begin this hearing, frankly, by just offering a moment of prayer and silence for her, for her family, because she was truly a brave and heroic woman. If we could just take a moment of silence.
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[Pause.]
Mr. SMITH OF NEW JERSEY. Thank you very much. Let me continue by saying that one of the most encouraging developments that we have seen over the last few months is the Irish Republican Army's (IRA) renunciation of armed struggle, and the decommissioning of its weapons, a remarkable step in the path to peace. The IRA must follow through on its proclamations, and cease all criminal activities, as well.
The most disturbing factor, however, is the alienation of the Unionist community. The large majority of decent people on the Unionist side, who hope for peace as ardently as nationalists, are skeptical of IRA promises. They are also terrorized by their own paramilitaries. Those paramilitaries need to follow the IRA example, and disarm, and disarm now, and cease their criminal activities. They are right now one of the greatest dangers to peace and to stability.
The Government of the United Kingdom has begun all party negotiations to restore the Northern Ireland Assembly and the power-sharing executive. It is also preparing legislation to devolve the administration of justice and policing to a restored Northern Irish executive.
Mitchell Reiss, President Bush's Special Envoy to the Northern Ireland Peace Process, will brief us in a moment on the current prospects and challenges facing the restoration of self-government in Northern Ireland.
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There has been some progress in the continuing reform of Northern Ireland's police force. Nearly 7 years ago I chaired a hearing on policing Northern Ireland that included Christopher Patten, who had just released the famous report that bears his name. He testified, and pointed out that he had some 175 recommendations that he thought would usher in a more transparent Northern Ireland police.
As we all know, there is a new police force, the Policing Service of Northern Ireland, or the PSNI. And there is a vigorous and fiercely independent Police Ombudsman's Office, whose chief, Nuala O'Loane, has been a catalyst for reform. She, too, has testified before our Committee. We applaud her Herculean efforts on behalf of reform there, as well as overseeing, as she should, as part of her mandate.
The Police Ombudsman's Office has been recognized by all as an effective mechanism for holding the police in Northern Ireland accountable, and helping people develop some confidence in the policing service that has faced credible charges of collusion in crime and assassination.
In fact, a poll conducted in March of last year showed that public confidence in the Ombudsman's Office and the objectivity of that office was high, with 78 percent of respondents saying they were confident that complaints were dealt with impartially.
There is now also, as we know, for a few years and counting, a Policing Board in Northern Ireland composed of independent and party representatives, and designed to provide civilian control, and fair, nonsectarian policing. There are district police partnerships to guarantee that both police and the communities they guard guarantee that the role of the police is to protect the community, not to impose some form of political control.
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The Patten Commission also envisioned a police force more representative of the whole community. Although Northern Ireland is nearly 45 percent Catholic, the old police force, the Royal Ulster Constabulary, or the RUC, was over 90 percent Protestant, and often seemed to function more as an auxiliary to Loyalist paramilitaries than to uphold law and order.
Today, recruits in the PSNI are supposed to be 50 percent Catholic, so that in time the police will hopefully be representative of the people they are supposed to protect. Now only 20 percent of the police force is Catholic. It is an improvement, but it is only a start.
In the disturbing riots last fall and summer by the Unionists, the police vigorously enforced the law, instead of standing aside, as they often did before. This again is a very hopeful sign.
But questions remain about ''bad apples,'' and that was Chris Patten's term for it, who may still remain somewhere in the ranks of Northern Ireland's police force, and about Special Branch members. I hope we will hear today what has been done to purge such elements.
The United States Congress has long understood the importance of supporting police reform and community reconciliation in Northern Ireland. As the author of the Foreign Relations Authorization Act for 2000/2001, H.R. 3427, I have been particularly interested in training and/or exchange programs conducted by the FBI or other law enforcement agencies for the RUC, or now the PSNI. In fact, it was my legislation that suspended all FBI–RUC training until 2001, when President Bush certified that the human rights and vetting standards established by the legislation were implemented in the program.
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In this year's State Department Authorization Bill, which I also sponsored, which passed the House 351 to 78, I included funds to provide specialized investigative training for personnel in the office of the Police Ombudsmen to ensure that policing Northern Ireland is carried out in compliance with internationally-recognized human rights standards.
We also amended the authorization for the International Fund for Ireland (IFI) to provide up to $7 million for programs that enhance relations between the communities, and between the police and the communities they serve, promote human rights training for police, enhance peaceful mediation in neighborhoods of continuing conflict, promote training programs to enhance new district partnership police boards, and assist in the transition of former British military installations and prisons, into sites for peaceful community-supported activities, such as housing, retail and commercial development. We hope that the Senate will soon act on this important legislation.
Also, let me point out that the Foreign Operations Bill, which did pass the House and Senate and signed by President Bush, specifically allows the IFI to use United States contributions to be used for training police to promote human rights and the rule of law, and to foster improved relations between police and the communities that they serve.
One remaining area of great concern are the more than 3,000 unsolved murders between 1969 and the signing of the Good Friday Agreements in 1998. Punishment of the guilty in many cases may not be possible, because of previous amnesties which had been granted to promote peace in Northern Ireland.
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But true peace and true democracy cannot be founded on lies and cover-ups. An integral part of police reform is the investigation of police and government collusion in past criminal acts. Only the truth can guarantee that Northern Ireland's new police force is established on the sound basis of respect for law and justice, something the previous force, the IUC, could never claim. Only the truth can guarantee that people of Northern Ireland accept their police as legitimate.
The government, I am happy to say, has recently established or instituted the Historical Inquiries Team to investigate and resolve these cases. This has the potential of operating with transparency and openness, to be a critical helpful step. Time will tell.
Meanwhile, there are several cases which require special attention. The British and Irish Governments in 2001 jointly appointed Judge Peter Cory, who also testified before one of our Committees, and is a wonderful, pre-eminent retired Justice of the Supreme Court of Canada, to determine whether independent commissions should investigate possible state-sponsored collusion in six notorious and horrific murders. They also pledge to abide by his recommendations.
Two years ago Judge Cory issued his report, and called for five of the six murders to be investigated independently. Yet the British Government has still not appointed an inquiry commission into the murder of human rights attorney Patrick Finucane, who was gunned down in his home in front of his wife and three small children in 1989.
Every one of our past 10 hearings that I have chaired on human rights and police reform in Northern Ireland has dealt with Patrick Finucane's murder. Yet still nothing has been done. The Government of the U.K. must find a way to institute a credible inquiry which will be accepted by all, especially the Finucane family.
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The British Government has finally begun its inquiry commission, as demanded by Judge Cory, into police misconduct in the murder of Rosemary Nelson—as I said, another heroic human rights lawyer, mother of three, who fell victim to a car bomb in 1999. Rosemary, 6 months after she testified, as I pointed out in the beginning, was killed in that assassination.
If the population of Northern Ireland is to cease relying on paramilitaries for protection, and transfer its trust to the police, it must have confidence that the police and the authorities deserve trust. These inquiries need to be done, and done well, and they need to be done now.
Finally, although political reform and police reform are absolute preconditions for all progress, only economic development can finally end the terrible poverty among Catholics and Protestants, nationalists and unionists, which helps to breed the violence. Fully employed, prosperous and prospering people who can see tomorrow as better than today rarely attack their neighbors.
The Catholic and nationalist community, although worried, look to the fulfillment of the Good Friday Agreement with great hope. Too many in the unionist community, unfortunately, have been exploited by extremists to look upon all gains by Catholics as setbacks for themselves; that all jobs that Catholics get are jobs that they lose. Only economic development can provide the jobs, housing, and public services that all the people of Northern Ireland, in both communities, need for a better life.
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We have continued to support the International Fund for Ireland for both 2006 and 2007, not only to promote police reform, as I mentioned above, but also to do the exemplary work that they have done to promote economic development, which is critical to achieving a just and a lasting peace.
Now that we are near to success, this is no time to falter in our efforts. The IFI has played a vital role in economic progress in Northern Ireland. The United States contributed over half of the total funds, about $400 million in the past 20 years, and I hope it has helped.
In the 1990s Northern Ireland's unemployment rate fell by 40 percent. The fund has created nearly 38,000 jobs. But the IFI does not only fund material progress, and its greatest achievements are not material. It has also developed a series of community building programs, promoting greater dialogue and understanding between Catholic and Protestant, including leadership programs designed to develop a new generation of leaders in Northern Ireland to bring about a more peaceful and prosperous future in the region.
Young people are the key to the future everywhere, but in Northern Ireland they are absolutely crucial to breaking the cycle of discrimination and sectarian violence once and for all. For this reason, our authorization bill continues support for Project Children to bring together Catholic and Protestant participants from the Republic of Ireland, the United Kingdom, and the United States, to help build peace in Northern Ireland through its children and its young people.
I would like to now turn to my friend and colleague from Florida for any opening comments he might have.
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[The prepared statement of Mr. Smith follows:]
PREPARED STATEMENT OF THE HONORABLE CHRISTOPHER H. SMITH, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW JERSEY AND CHAIRMAN, SUBCOMMITTEE ON AFRICA, GLOBAL HUMAN RIGHTS AND INTERNATIONAL OPERATIONS
The Subcommittee will come to order, and good afternoon to everyone.
This hearing will help the U.S. Congress and American people better understand the current issues in the always complex situation in Northern Ireland and help guide our efforts as we continue to seek to assist in the realization of a durable peace and the guarantee of fundamental human rights in Northern Ireland.
The establishment of peace, justice and prosperity in Northern Ireland, which we have all hoped, worked and prayed for, is still not a reality. There are many encouraging signs, but also disturbing ones, and we are still not there yet. Today's hearing is my eleventh hearing on Northern Ireland in not quite nine years, and we shall continue to follow the events on Northern Ireland closely and encourage reform for as long as necessary.
One of the most encouraging developments is, of course, the IRA's renunciation of armed struggle, and the decommissioning of its weapons—a remarkable step in the path to peace. The IRA must follow through on its proclamations, and cease all criminal activities as well. The most disturbing factor, however, is the alienation of the Unionist community. The large majority of decent people on the Unionist side, who hope for peace as ardently as nationalists, are skeptical of IRA promises. They are also terrorized by their own paramilitaries. Those paramilitaries need to follow the IRA example, and disarm, and cease their criminal activities. They are right now one of the greatest dangers to peace and stability.
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The Government of the United Kingdom has begun all party negotiations to restore the Northern Ireland Assembly and the power sharing executive. It is also preparing legislation to devolve the administration of justice and policing to a restored Northern Irish executive.
Mitchell Reiss, President Bush's Special Envoy the Northern Ireland Peace Process will brief us on the current prospects and challenges facing the restoration of self-government in Northern Ireland.
There has been some progress in the continuing reform of Northern Ireland's police force. Nearly seven years ago I chaired a hearing on policing in Northern Ireland. Chris Patten, who had just released the famous report that bears his name, testified before us. Now we shall have a chance to hear about the progress that has been made in implementing the 175 recommendations made by the Patten Report.
There is a new police force, the Policing Service of Northern Ireland (PSNI); there is a vigorous and fiercely independent Police Ombudsman's Office, whose chief, Nuala O'Loane, has been a catalyst for reform. The Police Ombudsman's office has been recognized as an effective mechanism for holding the police in Northern Ireland accountable and helping people develop some confidence in a policing service that has faced credible charges of collusion in crime and assassination. In fact a poll conducted in March of last year showed that public confidence in the Ombudsman's objectivity was high with 78% or respondents saying they were confident that complaints were dealt with impartiality.
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There is now a Policing Board in Northern Ireland, composed of independent and party representatives to designed to provide civilian control, and fair, nonsectarian policing. There are district police partnerships, to guarantee that both police and the communities they guard understand that the role of the police is to protect the community, not to impose some form of political control.
The Patten Commission also envisioned a police force more representative of the whole community. Although Northern Ireland is nearly 45% Catholic, the old police force, the Royal Ulster Constabulary (RUC), was over 90% Protestant, and often seemed to function more as an auxiliary to loyalist paramilitaries than the upholder of law and order. Today, recruits to PSNI are supposed to be 50% Catholic, so that in time the police will hopefully be representative of the people they are supposed to protect. Now only 20% of the police force is Catholic. It's an improvement, but only a start. In the disturbing riots last fall and summer by unionists, the police vigorously enforced the law instead of standing aside as they often did before. This again is a hopeful sign.
But questions remain about ''bad apples'' who may still remain somewhere in the ranks of Northern Ireland's police and about Special Branch members. I hope we will hear today what has been done to purge such elements.
The U.S. Congress has long understood the importance of supporting police reform and community reconciliation in Northern Ireland. As the author of the Foreign Relations Authorization Act for FY 2000–2001 (HR 3427; Public Law 106–113), I have been particularly interested in training and or exchange programs conducted by the Federal Bureau of Investigation or other Federal law enforcement agencies for the RUC, now PSNI. In fact it was my legislation that suspended all FBI–RUC training until 2001, when President Bush certified that the human rights and vetting standards established by my legislation were implemented in the program.
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In this year's State Department Authorization Bill, which I sponsored and which passed the House overwhelmingly (351—78), I included funds to provide specialized investigative training for personnel in the office of the Police Ombudsman to ensure that policing in Northern Ireland is carried out in compliance with internationally recognized human rights standards.
We also amended the authorization for the International Fund for Ireland (IFI) to provide up to $7 million for programs that enhance relations between communities, and between the police and the communities they serve, promote human rights training for police, enhance peaceful mediation in neighborhoods of continued conflict, promote training programs to enhance the new district partnership police boards, and assist in the transition of former British military installations and prisons into sites for peaceful, community-supported activities, such as housing, retail, and commercial development. We hope the Senate will act soon on this important legislation. The Foreign Operations Appropriations Bill (now Public Law 109–102) specifically allows the IFI to use the U.S. contribution to be used for training police to promote human rights and rule of law, and to foster improved relations between police and the communities they serve.
But one remaining area of great concern are the more than 3,000 unsolved murders between 1969 and the signing of the Good Friday agreement in 1998. Punishment of the guilty in many cases may not be possible, because of previous amnesties which have been granted to promote peace in NI. But true peace and true democracy, cannot be founded on lies and cover-ups. An integral part of police reform is investigation of police and government collusion in past criminal acts. Only the truth can guarantee that Northern Ireland's new police force is established on a sound basis of respect for law and justice, something the previous force, the RUC could never claim. Only the truth can guarantee that the people of Northern Ireland accept their police as legitimate.
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The government has recently instituted the Historical Enquiries Team to investigate and resolve these cases. This has the potential—if operated with transparency and openness—to be a critical, helpful step. Time will tell.
Meanwhile, there are several cases which require special attention. The British and Irish governments in 2001 jointly appointed Judge Peter Cory, a pre-eminent retired justice of the Supreme Court of Canada to determine whether independent commissions should investigate possible state sponsored collusion in six notorious and horrific murders. They also pledged to abide by his recommendations. Two years ago Judge Cory issued his report, and called for five of the six murders to be investigated independently.
Yet the British government has still not appointed an inquiry commission into the murder of the human rights attorney Patrick Finucane, who was gunned down in his home, in front of his wife and three small children, in 1989. Every one of the past ten hearings I have chaired on human rights and police reform in Northern Ireland has dealt with Patrick Finucane's murder. Yet still nothing has been done. The government of the UK must find a way to institute a credible inquiry which will be accepted by all, especially the Finucane family.
The British government has finally begun its inquiry commission, as demanded by Judge Cory, into police misconduct in the murder of Rosemary Nelson, another heroic human rights lawyer, and mother of three, who fell victim to a car bomb in March 1999. Rosemary, six months earlier had testified before my Committee about the harassment, intimidation and threats made against her by the RUC. No one has ever been charged in her murder. That inquiry was finally begun on April 19, but has made little progress so far, and serious questions remain as to whether the investigation is being conducted properly.
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If the population of Northern Ireland is to cease relying on paramilitaries for protection, and transfer its trust to the police, it must have confidence that the police and the authorities deserve trust. These inquiries need to be done, and done well, as soon as possible.
Finally, although political reform and police reform are absolute pre-conditions for all progress, only economic development can finally end the terrible poverty, among both Catholics and Protestants, nationalists and unionists, which helps breed the violence. Fully employed, prosperous and prospering people, who can see tomorrow as better than today, rarely attack their neighbors. The Catholic and nationalist community, although worried, looks on the fulfillment of the Good Friday agreements with great hope. Too many in the unionist community, unfortunately, have been exploited by extremists to look upon all gains by Catholics as setbacks for themselves, that all jobs that Catholics get, as jobs that they lose. Only economic development can provide the jobs, the housing, the public services that all the people of Northern Ireland, in both communities, need for a better life.
We have continued our support (13.5 million in 2006) for the International Fund for Ireland for both 2006 and 2007, not only to promote police reform, as I mentioned above, but also to promote economic development which is critical to achieving a just and lasting peace. Now that we are near to success, this is no time to falter in our efforts. The IFI has played a vital role in economic progress in NI. The US has contributed over half of the total fund, about $400 million in the past twenty years. And it has helped. In the 1990's Northern Ireland's unemployment fell by 40%. The Fund has created nearly 38,000 jobs. But the IFI does not only fund material progress, and its greatest achievements are not material: it has also developed a series of community building programs, promoting greater dialogue and understanding between Catholic and Protestant, including leadership programs designed to develop a new generation of leaders in NI to bring about a more peaceful and prosperous future in the region. Young people are the key to the future everywhere, but in NI they are absolutely crucial to breaking the cycle of discrimination and sectarian violence once and for all. For this reason our authorization bill continues support for ''Project Children,'' to bring together Catholic and Protestant participants from the Republic of Ireland, the United Kingdom, and the United States, to help build peace in Northern Ireland through its children and young people.
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Mr. WEXLER. Thank you very much. I want to associate myself with the remarks of Chairman Smith. I also want to thank him and Chairman Gallegly for calling today's hearing, as well as thanking Mr. Reiss for appearing before us, as well as the other distinguished witnesses.
Mr. Chairman, you have given a very comprehensive statement. I would like to just point out quickly a few items.
While there has been undoubtedly significant progress in Northern Ireland, both economically and politically, since the Belfast Agreement was signed in 1998, the promise of long-term reconciliation and reform has not fully materialized, despite the very genuine efforts in London and Dublin, as well as the Clinton and Bush Administrations.
We are now at a critical juncture in this process, where a devolved Northern Ireland assembly and its executive branch remain dormant, and outstanding issues still remain, including police reform and the disbanding of all paramilitary groups.
One of the keys to ending the deadlock in Northern Ireland is full implementation of the policing reforms, and transition to the Police Service of Northern Ireland, the PSNI, as you said, Mr. Chairman. In Mr. Reiss's testimony before the Europe Subcommittee last May, he very eloquently stated that substantial progress has been made in policing reform to ensure oversight and accountability, and that the PSNI has successfully implemented a policy requiring that new recruits be evenly split between Catholics and non-Catholics.
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In addition, according to Police Oversight Commissioner Al Hutchinson, it is my understanding that 114 out of the 175 police reform recommendations made by the Patten Commission in 1999 have, in fact, been implemented.
Despite, however, this implementation, there are several outstanding issues relating to restoring trust and reconciliation between Republicans and Unionists, including the transfer of police and justice powers from the British to the restored Northern Ireland Assembly and Executive, the unresolved status of several high-profile murder cases from the eighties and nineties, as the Chairman mentioned, and Sinn Fein's decision not to participate in the 19-member Policing Board.
I am hopeful that recent steps taken by London, including the recently-introduced Northern Ireland Bill, which transfers policing and justice powers, will help pave the way for Sinn Fein to join the Policing Board.
Mr. Chairman, the relative tranquility and economic success the people of Northern Ireland are enjoying is deeply encouraging. However, issues at the core of the conflict remain unresolved and require greater attention from the international community. And in this vein, I strongly, strongly recommend that the United States continue playing its historic role in bringing both Republicans and Unionists together in support of the efforts of the British and Irish Governments.
Mr. Chairman, this is a very timely-called hearing, and I thank you for allowing us to participate.
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Mr. SMITH OF NEW JERSEY. Mr. Wexler, thank you very much. And without objection, the statement of Mr. Payne will be made a part of the record, as well.
Let me just now welcome our very distinguished leader, and I will introduce him formally. Mr. Reiss, who was nominated by President Bush to the position of Special Envoy of the President and the Secretary of State for the Northern Ireland Peace Process, on March 16, 2004.
Ambassador Reiss is currently Vice Provost for International Affairs at the College of William and Mary in Williamsburg, Virginia. From 2003 to 2005, he served as Director of the Office of Policy Planning at the U.S. Department of State, where he provided Secretary of State Colin Powell with independent strategic advice and recommendations on American foreign policy.
Ambassador Reiss has written two books on international security, has contributed to 15 others, and has published over 80 articles and reviews. A very distinguished diplomat, and thank you so much for being here. Ambassador Reiss, the floor is yours.
STATEMENT OF THE HONORABLE MITCHELL B. REISS, SPECIAL ENVOY OF THE PRESIDENT AND THE SECRETARY OF STATE FOR THE NORTHERN IRELAND PEACE PROCESS, U.S. DEPARTMENT OF STATE
Mr. REISS. Mr. Chairman, Members of the Committee, distinguished guests, thank you very much for the opportunity to speak with you again today about progress in the Northern Ireland peace process.
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With your permission, Mr. Chairman, I would like to submit a formal statement for the record, and then just offer a brief summary.
Mr. SMITH OF NEW JERSEY. Without objection, Mr. Ambassador, your statement will be made a part of the record.
Mr. REISS. Thank you. Quite a lot has occurred since I testified last year. When reviewing the last 18 months, we should be encouraged by the trajectory of the peace process, although we still face some obstacles, including a basic lack of trust between the two main political parties.
To recap briefly. In September 2004, the British and Irish Governments, with strong support from President Bush, started a political process at Leeds Castle in England. These talks came very close to reaching an agreement, only to fall apart at the last moment in December 2004.
Less than 2 weeks after the talks collapsed, the IRA pulled off one of the largest bank robberies in UK history. It was clear that planning for the bank robbery had to have taken place during the negotiations. For Ian Paisley and the Democratic Unionist Party, the DUP, this called into question Sinn Fein's sincerity. How could it negotiate a peace on the one hand, and allow the IRA to plan a bank heist on the other?
A few weeks after the bank robbery there was a brutal murder of a young man named Robert McCartney outside a Belfast pub. The aftermath of this murder had all the hallmarks of an IRA operation. All of the forensic evidence, including the murder weapon, the tape in the closed-circuit TV camera in the pub, and fingerprints were eliminated. Witnesses in the pub were discouraged from giving useful evidence to the police. The McCartney family and friends were subsequently intimidated by people alleged to be members of the IRA.
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On St. Patrick's Day last year, Irish-Americans gave voice to their frustration at the IRA's ongoing activities, and its burden on the people of Northern Ireland and the peace process. Sinn Fein's leader, Gerry Adams, heard that message and used it.
Three weeks after St. Patrick's Day, he called on the IRA to go out of business. In July the IRA announced that it would foreswear violence, and rely on purely peaceful and democratic means. In the fall, the IRA decommissioned a substantial portion of its weapons arsenal.
In February 2006, just last month, the IMC, the Independent Monitoring Commission, concluded that the IRA appears committed to ending the armed campaign, foreswearing terrorism, and restructuring the IRA so that it is no longer designed for terrorist activities. Just last week, the IMC reported that it believes the IRA has taken a strategic decision to follow a political path, and does not present a terrorist threat. The commissioners' general conclusion is that this is a time of dynamic change and major progress.
All of these steps are very positive, and Gerry Adams and the entire Sinn Fein leadership deserve enormous credit for moving the Republican movement in this direction. I have publicly said so.
Yet despite all of this progress, the journey toward peace is not yet complete. The December 2004 bank robbery has still not been solved. Robert McCartney's murderers have still not been brought to justice, and his family continues to be subject to attempts at intimidation.
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As I mentioned, the February IMC report stated that the IRA was winding down, but that it was also still engaged in criminal activities, and may not have decommissioned all of its weapons. Significantly, Sinn Fein refuses to support the police in Northern Ireland, or to encourage its constituents to join the Police Service.
Ian Paisley's DUP currently refuses to enter into local government with Sinn Fein, or even to talk with them at an official level. Despite all the progress over the past year, the DUP still harbors doubts about whether Sinn Fein and the IRA are truly committed to democracy and the rule of law.
From Sinn Fein's perspective, the impasse looks different. Sinn Fein is worried that the DUP may never enter into a government with it. If that is the case, if the DUP will never negotiate directly with Sinn Fein, why should Gerry Adams take the difficult step to have his party endorse the Police Service, a step some of his followers oppose? Why should Gerry Adams give away the last high card he has to play, unless he is going to have some guarantee that this step will lead to the full restoration of local government?
So as I said before, a question of trust has left us at an impasse. Hopefully it is an impasse that will be short-lived.
Now, as we assess progress in Northern Ireland, it is sometimes useful to disaggregate, to unbundle the peace from the process. While the political process is currently stalled, the peace, I am happy to report, is going quite well.
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The Northern Ireland economy is very healthy, with low unemployment, as the Chairman noted. Northern Ireland is one of the fastest-growing regions in the UK. More people than ever before have jobs in Northern Ireland, with recent growth being twice the UK average. Downtown Belfast is fast becoming a modern European city. An estimated two million people visited Northern Ireland last year, a record. People in the north are ignoring the politics, and getting on with their lives.
One of the more encouraging signs of this is the growing support for integrated education, which has been a priority of this Administration and my time as Special Envoy.
In 1985 there were only four integrated schools. That number has now increased to 58, as well as 19 integrated nursery schools. A recent survey in Northern Ireland showed that 81 percent of the people there believe that integrated education is important to peace and reconciliation in Northern Ireland.
Another encouraging sign is the increasing public support for policing in Unionist, Nationalist, Loyalist, and Republican communities. Again, as you noted, Mr. Chairman, we all know that a fundamental building block for any normal society is the rule of law. Support for the rule of law by all parties is the foundation upon which further economic success and political stability can be built.
Now, relative to Dublin, New York, or even Washington, DC, Northern Ireland enjoys a relatively low crime rate. In fact, last year's figures were a 6-year low for the country. According to the Chief Constable, Hugh Orde, overall crime in Northern Ireland in the last 2 years is down 17 percent.
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But victims don't want to hear about another city's crime rate, and every community in Northern Ireland deserves to have the protection that effective policing provides. No one deserves to be a second-class citizen living a ghettoized existence because political leaders place their own agenda ahead of the well-being of their constituents.
Policing in Northern Ireland has improved tremendously in recent years, and may be the outstanding success story of the peace process. Political parties, notably the SDLP, and many individuals have taken courageous steps to launch the new beginning to policing. The Patten Commission reforms, together with effective leadership from the Policing Board, the Police Ombudsman, Nuala O'Loane, and the Chief Constable have introduced genuine community-based policing to Northern Ireland.
Now, the independent ombudsman, Nuala, as you mentioned, has a mandate to investigate any and all allegations of police misbehavior, and she has done so. And let us not forget that last September the Police Service of Northern Ireland took over 150 live rounds from Loyalist paramilitaries, while protecting Republicans and Nationalists in West and North Belfast.
The Bush Administration will continue to advance both the peace and the political process. We have been outspoken in our support for integrated education. We have had discussions about how Northern Ireland can attract greater foreign direct investment to sustain a healthy economy. We have strongly supported the new beginning to policing, and urged all political parties to endorse the PSNI. We talk continuously with the two governments and all the political parties, serving as a confidential advisor and traditional honest broker.
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So as we work to move the political process forward, we are also mindful of the significant progress that has already taken place in Northern Ireland. And as we recognize this progress, we know that now is not the time to be complacent. The Bush Administration will continue working hard to assist the British and Irish Governments and all the people of Northern Ireland to realize the full promise of the Good Friday Agreement.
Thank you very much.
[The prepared statement of Mr. Reiss follows:]
PREPARED STATEMENT OF THE HONORABLE MITCHELL B. REISS, SPECIAL ENVOY OF THE PRESIDENT AND THE SECRETARY OF STATE FOR THE NORTHERN IRELAND PEACE PROCESS, U.S. DEPARTMENT OF STATE
Mr. Chairman, members of the Committee, distinguished guests;
Thank you for the opportunity to speak with you today about progress in the Northern Ireland peace process. Quite a lot has occurred since I testified last year. When reviewing the last eighteen months, we should be encouraged by the trajectory of the peace process, although we still face some obstacles, including a basic lack of trust between the two main political parties.
THE PAST 18 MONTHS
To recap briefly, in September 2004, the British and Irish governments, with strong support from President Bush, started a political process at Leeds Castle in England. These talks came very close to reaching an agreement, only to fall apart at the last moment, in December 2004. Less than two weeks after the talks collapsed, the IRA pulled off one of the largest bank robberies in UK history. It was clear that planning for the bank robbery had to have taken place during the negotiations. For Ian Paisley and his Democratic Unionist Party (DUP), this called into question Sinn Fein's sincerity—how could it negotiate peace on the one hand and allow the IRA to plan a bank heist on the other?
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A few weeks after the bank robbery, there was a brutal murder of a young man named Robert McCartney outside a Belfast pub. The aftermath of this murder had all the hallmarks of an IRA operation. All of the forensic evidence, including the murder weapon, the tape in the close circuit TV camera in the pub, and fingerprints, were eliminated. Witnesses in the pub were ''discouraged'' from giving useful evidence to the police. The McCartney family and friends were subsequently intimidated by people alleged to be members of the IRA.
At St. Patrick's Day last year, Irish Americans gave voice to their frustration at the IRA's ongoing activities and its burden on the people of Northern Ireland and the peace process. Sinn Fein's leader, Gerry Adams, heard that message and used it. Three weeks after St. Patrick's Day, he called on the IRA to go out of business. In July, the IRA announced that it would foreswear violence and rely on ''purely peaceful and democratic means.'' In the fall, the IRA decommissioned a substantial portion of its weapons arsenal.
In February 2006, the Independent Monitoring Commission (IMC) concluded that the IRA appears committed to ending the armed campaign, foreswearing terrorism, and restructuring the IRA so that it is ''no longer designed for terrorist activities.'' Just last week, the IMC reported that it believes the IRA has taken a strategic decision to follow a political path and does not present a terrorist threat. The commissioners' general conclusion is that this is a time of dynamic change and major progress.
All of these steps are very positive, and Gerry Adams and the entire Sinn Fein leadership deserve enormous credit for moving the republican movement in this direction. I have publicly said so.
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Despite all of this progress, the journey towards peace is not yet complete. The December 2004 bank robbery has still not been solved. Robert McCartney's murderers have still not been brought to justice and his family continues to be subject to attempts at intimidation. As I mentioned, the February IMC report stated that the IRA was winding down, but it was still engaged in criminal activities and may not have decommissioned all of its weapons. Significantly, Sinn Fein refuses to support the police in Northern Ireland or to encourage its constituents to join the police service.
Ian Paisley's DUP currently refuses to enter into local government with Sinn Fein, or even to talk with them at an official level. Despite all the progress over the past year, the DUP still harbors doubts about whether Sinn Fein and the IRA are truly committed to democracy and the rule of law.
From Sinn Fein's perspective, the impasse looks different. Sinn Fein is worried that the DUP may never enter into a government with it. If that is the case, if the DUP will never negotiate directly with Sinn Fein, why should Gerry Adams take the difficult step to have his party endorse the police service, a step some of his followers oppose? Why should Gerry Adams give away the last high card he has to play unless he is going to have some guarantee that this step will lead to the full restoration of local government?
So as I said before, a question of trust has left us at an impasse. Hopefully, it is an impasse that will be short lived.
FOCUS ON THE PEACE AS WELL AS THE POLITICAL PROCESS
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As we assess progress in Northern Ireland, it is useful sometimes to disaggregate, to unbundle, the peace from the process. While the political process is currently stalled, the peace, I'm happy to report, is going well. The Northern Ireland economy is very healthy, with low unemployment. Northern Ireland is one of the fastest growing regions in the UK. More people than ever before have jobs in Northern Ireland, with recent growth being twice the UK average. Downtown Belfast is fast becoming a modern European city. People in Northern Ireland are ignoring the politics and getting on with their lives.
One of the more encouraging signs is the growing support for integrated education. In 1985 there were only four integrated schools. That number has increased to 58 as well as 19 integrated nursery schools. A recent survey by Millward Brown Ulster showed that 81% of people in Northern Ireland believed that integrated education is important to peace and reconciliation in Northern Ireland. Over time the future generations of Northern Ireland will grow up in an environment of tolerance and pluralism.
Another encouraging sign is the increasing public support for policing in unionist, nationalist, loyalist and republican communities. We all know that a fundamental building block for any normal society is the rule of law. Support for the rule of law by all parties is the foundation upon which further economic success and political stability can be built.
Relative to Dublin, New York, or even Washington, DC, Northern Ireland enjoys a relatively low crime rate. In fact, last year's figures were a six-year low for the country. According to the Chief Constable, Hugh Orde, overall crime in Northern Ireland in the last two years is down 17 percent.
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But victims do not want to hear about another city's crime rate, and every community in Northern Ireland deserves to have the protection that effective policing provides. No one deserves to be a second-class citizen, living a ghetto-ized existence, because political leaders place their own agenda ahead of the well-being of their constituents.
Policing in Northern Ireland has improved tremendously in recent years, and may be the outstanding success story of the peace process. Political parties, notably the SDLP, and many individuals have taken courageous steps to launch the new beginning to policing. The Patten Commission reforms, together with effective leadership from the Policing Board, the Police Ombudsman, and the Chief Constable, have introduced genuine community-based policing to Northern Ireland.
An independent Ombudsman, Nuala O'Loan, has a mandate to investigate any allegations of police misbehavior, and she does so. And let's not forget that last September the Police Service of Northern Ireland (PSNI) took over 150 live rounds from loyalist paramilitaries while protecting republicans and nationalists in west and north Belfast.
In his last report in December 2005, Oversight Commissioner for Policing Reform Al Hutchinson noted that 114 of the 175 recommendations made by the Independent Commission on Policing Reform for Northern Ireland (Patten Commission) have been completed, and that this served ''as a worthy reminder that a great deal has been accomplished by the policing institutions over the past four years.''
Hutchinson goes on to say that he expects most of the remaining recommendations ''to be fully implemented by May of 2007'' and notes the ''the clear track record of the Police Service and Policing Board meeting their obligations. Hopefully this success will be matched by increasing trust, faith and participation in the existing policing structures, as the wider community increasingly recognizes the profound nature and degree to which policing has changed.''
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Much of the remaining recommendations focus on training, information technology, and property management—including the creation of a state of the art training academy in 2009 to replace the antiquated training college currently used by the PSNI.
Chris Patten himself stated in November 2003 that he believes ''the Patten Report is being implemented in full.'' The Oversight Commissioner's office has confirmed this in a series of reports. The previous Oversight Commissioner, Tom Constantine, noted that the institutions involved in the policing of Northern Ireland ''continue to make excellent progress in implementing a program of change in policing that may be the most sweeping and complex ever attempted in a modern society.''
CONCLUSION
The Bush Administration will continue to advance both the peace and the political process. We have been outspoken in our support for integrated education. We have had discussions about how Northern Ireland can attract greater foreign direct investment to sustain a healthy economy. We have strongly supported the ''new beginning'' to policing and urged all political parties to endorse the PSNI. We talk continuously to the two governments and all the political parties, serving as a confidential advisor and traditional ''honest broker.''
So as we work to move the political process forward, we are also mindful of the significant progress that has already taken place in Northern Ireland.
As we recognize this progress, we are mindful that now is not the time to be complacent. The Bush Administration will continue working hard to assist the British and Irish governments, and all the people in Northern Ireland, to realize the full promise of the Good Friday Agreement.
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Thank you.
Mr. SMITH OF NEW JERSEY. Ambassador Reiss, thank you very much, not only for your wonderful statement, but your excellent service on behalf of the President and the Secretary of State for Northern Ireland. So we are very, very grateful for that work.
Let me ask a couple of questions, if I could. Just generally, what do you see are the prospects for restoring the devolved government soon? And is a Democratic Unionist Party (DUP)-Sinn Fein power-sharing agreement deal possible? I think we are all aware of how vexing that appears, and how problematic it appears to be. But if you could speak to that issue.
And let me ask you what effect on the peace process the recent revelations have that major Loyalists and Republican figures have been British Government informers? And as we all know, Dennis Donaldson has now been found to be a British informer for possibly as much as 20 years. His arrest for allegedly running a Sinn Fein spy ring inside the Northern Ireland Assembly helped bring down the power-sharing agreement in 2002. And yet, the case against him has collapsed because it was revealed that he was, indeed, a British informer.
A Loyalist paramilitary mass murderer, Torrins Night, who helped carry out one of Northern Ireland's most horrific terrorist attacks, part of the Loyalist paramilitary Ulster Freedom Fighters gang, which sprayed a Dairy pub with bullets, killing eight people and injuring nine, in a trick-or-treat massacre on Halloween night in 1993, has also been named as a police agent.
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And in the most recent Atlantic Monthly feature, which I am sure you have read, as I have read it and found it very damaging, features as its cover story the confession of a long-time British informer by the name of Kevin Fulton, who was within the IRA ranks, who claims to have been involved in horrific crimes while the British were paying him to inform.
And let me also just point out that in that article, which pointed out that one of the men, Freddie Skatapecci, makes a point that he, too, was on the payroll, and was informing, informing as part of the Force Research Unit. But he also served a host of agencies, among them MI–5, as part of his services. So he was a dual agent, or at least an agent for the government.
And it does raise the question once again about Patrick Finucane. Our concerns about collusion has been very, very profound, and I know you share that. But when you have a situation where the government will not open up, it appears to us, an open, transparent public inquiry—and as one of our witnesses will say later on from Human Rights First, and I quote her in pertinent part—that they are claiming that under the Inquiries Act of 2005, the whole terms of reference, the ability to have such an open inquiry, has been stymied, or at least thus far, where many of us believe that we should go under the previous rule, the previous law, in order to look into that killing.
My concern is that this article and all of the documentation that we see now coming forward suggests this dual role by the British Government. And it does beg the question especially—and I ask you to speak to this, if you would—we heard an announcement by the British Government recently that MI–5 is about to take over the primacy for intelligence-gathering in Northern Ireland, rather than the police force. And that raises very significant questions. You know, the past sometimes is a prologue. And what are your thoughts about that?
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Does that bring us right back to the same old, same old? We have heard, before this came out in these articles and this recent spate of revelations, that we were suggesting too much when we suggested collusion.
I remember my own conversation with Ronnie Flanagan when I brought up collusion in Belfast. He just categorically denied it and just practically showed me the door when I would raise those issues. So some of us have seen that good people have been burnt in the past by this collusion, and there is a concern now that MI–5 may again be right back in the catbird seat on intelligence-gathering. What is your view on that?
They are not subjected to it. There is no oversight. The Policing Board, as far as I know, has no oversight capabilities when it comes to MI–5. Maybe it does, but I don't see it in the Patten Report, and I don't see it in what will unfold in the future. So again, it puts it right back into the secret category.
Mr. REISS. Thank you, Mr. Chairman. Let me try and take all of those excellent questions in turn.
First you asked about whether it is possible for there to be an agreement between Sinn Fein and the DUP. And as I have said before, if you are not an optimist, then you are in the wrong line of business here. So I do believe that one is possible. And more than that, I think that with a little bit more effort from all the parties, that we can actually accomplish that.
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The big question, of course, is timing. And the two prime ministers, Prime Ministers Ahern and Blair, have already publicly stated that they want to make a big push in 2006. And we certainly are going to do everything we can to support their efforts to do so.
So again, it is a little hard to actually get an end point for this. And that is why I try to emphasize whether things are either going in the right direction or the wrong direction. And I think generally things have been going in a very positive direction. We want to do everything we can to keep that momentum going.
On informers. I have no inside information about this issue, so all I can do is share some observations with you.
In terms of its impact on the peace process, I think that it has to be demoralizing for any party who finds that there is an informer in their midst, whatever political affiliation they might have. And I think it probably also raises questions about how much they can trust a government.
But putting that to one side, it seems to me that it doesn't have a great deal of influence on the real fundamentals that are dividing or stopping us from reaching agreement right now. And those fundamentals really are support for community policing, and the ability or inability of the DUP, the unwillingness of the DUP to engage with Sinn Fein, sooner rather than later.
And informers don't really play into that dynamic. So I am not saying they don't have any impact, but as I see it, on the real core issues, it is hard to see that they have a great deal of influence.
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On MI–5 and intelligence-gathering, this is an issue that I am still familiarizing myself with. But I will say that given the often controversial history of intelligence-gathering and policing in Northern Ireland, the absolute bottom line for everybody involved here is that whatever arrangement is ultimately decided upon, it has to have the confidence of the entire community. Otherwise it will continue to cast a shadow over all the progress that has already been made, the significant progress that you and your colleagues have already noted.
And so I think that widespread community support is really the starting point for me. And it is more of a process one, rather than saying that any one particular way is the best way.
I note that you will be talking to members of the Police Board. And I think that they have opinions on how best to proceed specifically on that issue, as well.
Did I cover everything?
Mr. SMITH OF NEW JERSEY. Pretty much. If you would just touch on, I will ask the question a little bit more in detail.
As I think you know, the Irish Parliament has called upon the UK Government to adhere to the Weston Park Agreement, and to hold a Finucane inquiry under the previous Inquiries Act, which was in force at the time of Weston Park and when the Cory Report was issued.
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How does the UK plan to conduct this inquiry, in your view, since neither the Finucane family—and I have talked to Geraldine, I have talked to the family, and I am sure you have, as well—nor any judge wants to cooperate with a hearing under the changed rules.
Mr. REISS. Right. I think that you received a letter that I requested from Peter Hain last week, dated March 7, that clarified the British position on this. They have new legislation in place, and they would like to proceed under that new legal framework.
I met with the family today. And as I have told this Committee before, on every occasion when I meet with British officials, I raise this issue.
I think that the UK Government is mindful that without the support, the confidence of the Finucane family and others who are closely observing and have an interest in this case, that the main purpose of getting the truth out and finding justice finally for the Finucane family will not be achieved.
And so, again, I will be meeting later this week with UK officials. I will continue to raise it with them. And I would be happy to continue our conversation that we have had on this issue in the future.
Mr. SMITH OF NEW JERSEY. I would appreciate that. And I think, with all due respect, it becomes more damaging to the British Government, especially in light of this article about how one point is even made that it was a former British spy handler who worked at the time with Scappaticci's rise. His name is Martin Ingram.
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He points out that the one preconception the IRA had, that if you were dirty—that is, if you have killed—then you cannot be an agent. His best protection was to keep on killing.
So with full knowledge of the British Government, or at least those in the Intelligence Services, this individual, who was wearing a dual hat, a duplicitous hat, was killing people. And he seems not to have been alone. Others seem to fit that same bill.
My concern, and the concern I think of many others, is that, in Patrick Finucane's case, we keep hearing that this will compromise somehow national security or security methodologies. That just begs the question far too much, when you realize if this is accurate, that they were fully knowledgeable that people were being killed. And even allowed, in his case, as an interrogator for the IRA, to kill people, and to do it almost with impunity, because that set him up as being beyond reproach. Who could question his credentials when he was torturing and killing people?
That needs to come out, if that, indeed, is the case. And if the Finucane case is part of that very ugly and sordid affair, or a similar affair, that needs to come out, as well. And cover-up will serve no purpose but to allow, in my humble opinion, this whole situation to fester even more than it already has.
Geraldine is here, as you know, and she has been such a brave woman, asking a very simple question, as you know so well, because you have tried, I know in your capacity, to move this along, as well. And we are hoping, with Judge Peter Cory making his most recent statements in Ireland just a few weeks ago, that this stonewalling will cease, and the records be opened up.
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And so maybe if you can just respond to that a little bit further, if you would.
Mr. REISS. Well, I endorse everything you have said. I have been involved with this issue from day one of my responsibility to this job.
You may recall that last year I requested a meeting with the head of MI–5 to get a personal pledge from her that all information that MI–5 had relating to the Finucane case would be made available to the inquiry. And she agreed to do that.
So the issue now is really who can make the decision over releasing information to the public. And before it was in the hand of the Chairman of the Inquiry, and under the new legislation it is up to the Minister.
And clearly that is unacceptable to the Finucane family. It raises questions for many of us who watched this issue. And I will just keep on raising it with the UK Government.
Mr. SMITH OF NEW JERSEY. Thank you so much. I will be introducing a resolution, either later on today or early tomorrow, and I will give you a copy of it, that parallels what our friends in the Dail Eireann have done with regards to the Patrick Finucane case.
And we will continue our part to try to get a full and thorough accounting of who was involved, whether or not there was collusion, and how far up it goes.
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I think it is an absolutely legitimate question. And so much in Northern Ireland I think depends on its final answer.
Mr. Wexler.
Mr. WEXLER. Thank you. I was wondering if I could ask your thoughts. I am actually dying to hear your perspective on this, which goes beyond the bounds of the immediate hearing. If you don't care to do it, I understand.
But recent conversations I have had with some European leaders—and I hesitate to quote him, but I don't think he would mind—Ambassador Brudan, the European Union Ambassador here to Washington, who I have an enormous amount of respect for, in talking about the cortex conditions regarding Hamas. And I am not making any parallels between Northern Ireland and Hamas, and I don't wish you to, either.
But given the wealth and the breadth of your experience at this point, and given the evolution that has occurred in the last year—and it is Ambassador Budan that was very specific with me in pointing out that it took 7 or 8 years for the IRA ultimately to disarm under conditions far different than exist in Israel and in the Palestinian areas.
But given the variety of challenges that the United States faces in different parts of the world, and the strategies employed in the context of disarming paramilitary groups, whether it be Hezbollah in Lebanon, Hamas in Gaza and in the West Bank, and other examples, are there lessons to be learned from this experience that should or can be applied in other circumstances, in the context of what strategy the United States and our allies can follow, in order to better disarm terrorist paramilitary groups? Particularly when there is a context of democracy that surrounds the evolution of that paramilitary group's power or entry into some type of democratic process.
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Mr. REISS. Mr. Congressman, thank you. That is a superb question, and it is one I have actually given quite a bit of thought to, both in my official capacity with Northern Ireland, but also as an academic.
Removing the question from the context of Hamas specifically, I do think that there are a number of very important lessons, interesting lessons, both dos and don'ts that you can learn, one can learn, from a close examination of the Northern Ireland peace process.
There are tremendous risks for any government that is going to start down this path of trying to reach out to paramilitary organizations, to terrorist organizations. No government ever publicly admits that it negotiates or even talks with terrorist organizations. And yet, we have historical examples where that is so.
There are risks also for the terrorist organization, or for those leaders in those groups, that may be seen as compromising the principles or betraying their colleagues. Those are some of the risks in the early days. Even if you can identify who in this group may be willing to go down a political non-violent path from his colleagues, how do you validate that person? How can you be sure that that person is really legitimate, and isn't just playing you?
All these are very important questions, very difficult questions for anybody to answer. And they carry enormous risks for the governments.
What I would like to do, because it is a complicated subject, is to send you, if I may, a paper that I delivered last year at Cambridge University that talks about lessons from the Northern Ireland peace process. [The paper, Lessons of the Norther Ireland Peace Process, is also available on the State Department Web site at: http://www.state.gov/p/eur/rls/rm/54869.htm.] It addresses, I think, the concerns that you have, and the really excellent question that you have raised.
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Mr. WEXLER. Thank you very much.
Mr. SMITH OF NEW JERSEY. Thank you very much, Mr. Wexler. I know you need to move, but if I can ask you one final question.
Mr. REISS. Of course.
Mr. SMITH OF NEW JERSEY. And just add to the question my good friend and colleague asked. And Dennis Rooney, the new IFI Chairman, was here a moment ago. But they are trying to share their experience with other countries, as well, in terms of bringing the young people from divergent backgrounds, especially where there has been animosity, together to work together.
And all of a sudden, they begin seeing that they are very much alike, and then friendships blossom and the cycle of hate is broken. So that is something that the IFI has been exporting. And I think that could help in the Middle East, as well.
Mr. REISS. Your point is very well taken.
Mr. SMITH OF NEW JERSEY. Let me just ask you, if I could, one final question. I know you need to run.
In your written testimony you refer to IRA's move to decommission its weapons last fall. Could you elaborate on the extent of this decommissioning, as well as to comment on any moves by the Loyalist paramilitaries to disarm?
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Mr. REISS. Sure. All the information I have, to be candid, is second-hand. It is really looking very carefully at the reports of the International Monitoring Commissio (IMC) and General de Chastelain's organization, the Independent International Commission on Decommissioning (IICD).
I don't want to miss the opportunity, though, before I get into that, to say I endorse wholeheartedly your support for the IFI. I am a huge fan of their work, and their new Chair, Dennis Rooney. And I am very grateful for the financial support that the Congress has provided them over the years, and hopefully will continue to provide them.
The press noted some discrepancy between the two reports. And I think if you look more carefully at the language of the specific reports, you can find a way to square the circle here.
The IMC relies on a variety of sources that may not be exactly the same as the IICD. The IMC didn't say that there had not been complete decommissioning, they simply said that there were reports.
Now, the IICD took those reports, went back to its sources, and said that they found that there had been complete decommissioning. So I am hopeful that with subsequent IMC reports, we may get greater clarification of that.
I think that nobody doubts that there was a substantial significant act of decommissioning by the IRA, much greater than they have ever done in the recent past, or in their history, voluntarily. So I think that that is a positive step, and I try to recognize it as such.
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Mr. SMITH OF NEW JERSEY. And what about the other paramilitary?
Mr. REISS. On the other paramilitary side, as I said in the testimony, we and others are very quietly trying to work with them to try to move them in the same direction.
Now, it is a combination of political persuasion, but also a crackdown on criminal activity. We saw in the last few days that there was a raid of a bar in Northern Ireland where a number of Ulster Defense Association (UDA) members were arrested. So I think that this sort of carrot-and-stick approach—they can either voluntarily go out of business, or else we can get Hugh Orde and the excellent work that he does to do the job for them.
But either way, it is clear that a normal society has no place for these type of individuals.
Mr. SMITH OF NEW JERSEY. Thank you so much, Mr. Ambassador.
Let me also just recognize Dean Pittman, Consul General for the United States Consulate in Belfast, who is also here, and thank him for joining us at this hearing. Thank you very much.
Mr. REISS. Thank you, Mr. Chairman.
Mr. SMITH OF NEW JERSEY. Thank you, Mr. Reiss. I would like to now welcome——
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Mr. ENGEL. Mr. Chairman, could I ask a question?
Mr. SMITH OF NEW JERSEY. Mr. Engel.
Mr. ENGEL. Mr. Ambassador, you almost made it. I apologize. But I just have sort of one and a half questions for you, and I would be very curious to get an answer.
First of all, I want to thank you for the good work that you do. We all appreciate it very, very much.
Mr. Ambassador, Sinn Fein has come under great pressure for not signing off on the policing program. Yet much of the Patten Commission report relating to policing has not yet been implemented. And they cite that when asked why they are not signing off on the policing program.
And secondly, your restricting Gerry Adams' activity in this country based on this, based on the fact that Sinn Fein has not yet signed off on the policy. Could you please explain that, both of those things?
I happen to think it is a very short-sighted policy, restricting Gerry Adams, when other political parties are allowed to fundraise in the United States, and we are saying that one party can't. This kind of pressure that we appear to be putting on them, because they are not doing exactly what we want them to do, I think is a very dangerous precedent.
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Mr. REISS. As you noted, not all of the Patten Commission recommendations have been fully implemented. Roughly 65 percent, just over 65 percent, have.
Some recommendations have not yet been implemented for different reasons. There are some that relate to IT upgrades, some that relate to disposal of property, some that relate to the building of a new police academy. The Oversight Commissioner has said that by May 2007, almost all of the Patten Commission recommendations will be implemented.
And so I don't think that there is any intention to slow-roll implementation of Patten.
It should also be noted that some of the Patten Commission recommendations cannot be implemented without full support by all the communities. And this leads into your question about Sinn Fein.
Until Sinn Fein supports policing, Patten will not be able to be fully implemented. And so it is a little disingenuous on the one hand to say that they can't join because Patten hasn't been fully implemented, when they are the source, at least in part, of having these recommendations not fully implemented.
In terms of fundraising, both as a matter of policy and privacy, I really can't comment on any individual's visa conditions.
I will say that granting visas to support the peace process has been an essential role that the United States has played, under both the Clinton Administration and the Bush Administration. And that Mr. Adams and all members of the Northern Ireland political parties continue to receive visas to come to the United States and support the peace process. And as long as I am on this job, they will continue to do so.
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And we may have a disagreement over policing and ends and means, but I would prefer not to see this as a visa issue. I prefer to see this as an issue that affects Republicans and Nationalists and their communities in Northern Ireland, who deserve decent policing. And they are being denied that policing now because of a political decision.
Mr. ENGEL. Well, let me thank you. Thank you for your answer. But let me just say that I really believe it is counterproductive to try to use either a lack of a visa or restrictions on a visa as punishment to get a political party in a dispute in another country to do what we think they ought to be doing.
Gerry Adams has been to this country many times before, and has had no restrictions. And to my knowledge, he has always abided by the laws of this country while he is here.
Rita O'Hare is another person from Sinn Fein who couldn't come for a while; now she is coming. But there was also an attempt to block her visa. And I just think that this is not something that we should do.
I support, obviously, the peace process, and bringing all the parties together. But I just think it is so counterproductive for us to play these games. And I just wanted to state that for the record.
Mr. REISS. Congressman, I know that I have personally intervened to make sure that Rita always gets visas to come to the United States. And if she has been denied a visa, I really would like to hear about it. Because, as I said, I think it is important for her to come to the United States and support the peace process.
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They have a view. They represent constituents. It is important for them to be heard.
I will also say that, as a matter of historical record, that Gerry Adams was denied a fundraising visa under the Clinton Administration. So there is a precedent here.
And again, I don't think that we disagree on the ends. We may disagree on the means to reach those ends.
Mr. ENGEL. Well, let me say, first of all, I would be happy to get back to you, but there was a distinct time when Rita O'Hare, a few months ago, 6 months ago, was supposed to come here to Washington to meet with Members of Congress, and she was not able to come. Whether she was denied a visa or whether there was a restriction on her coming here, I don't know what the specifics were, but I definitely know for a fact that she was not able to come.
And in terms of the fundraising visa, I mean, if it is wrong under the Bush Administration, it is wrong under the Clinton Administration. I am not playing politics with it, I just think it is wrong. I think that we don't help the process when we do that.
I think that there are a lot of things, frankly, that Sinn Fein has done to break with the past. I think that their policy on IRA and the weapons and things like that, they have shown that they are breaking with some of the past policies, and have taken risks for peace.
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And I just think at a very time when they are taking these risks, and they are showing the attempt to try to change their positions, I think not allowing these visas is very counterproductive, particularly at this period of time.
Mr. REISS. Thank you, Congressman.
Mr. ENGEL. Thank you.
Mr. REISS. In terms of Rita O'Hare, I think the time you were referring to is this past May. And let me go and check the record, and we can get back to you on that.
Mr. ENGEL. Thank you.
Mr. REISS. But again, for the record, I am in favor of Rita and Mr. Adams and all the political leaders coming to the United States to support the peace process.
Mr. ENGEL. Thank you. Thank you, Mr. Chairman.
Mr. SMITH OF NEW JERSEY. Thank you, Mr. Engel. Ambassador Reiss, thank you again so much for your testimony, and for your exemplary work.
Mr. REISS. Thank you, Mr. Chairman.
Mr. SMITH OF NEW JERSEY. I would like to now welcome our second panel to the witness table. And it is indeed a distinct honor and a privilege to welcome Professor Sir Desmond Rea, who has been Chairman of the Northern Ireland Policing Board since November 2001.
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He is an Emeritus Professor of Human Resource Management at the University of Ulster, and was former Senior Lecturer in Business Studies and Assistant Dean, Faculty of Economics and Social Services, Queen's University in Belfast.
Sir Desmond is the Editor of the First Trust Bank's Quarterly Economic Outlook and Business Review. He is a former Chairman of the Northern Ireland Labor Relations Agency, Northern Ireland Council for Curriculum Examinations and Assessment, and Northern Ireland Local Government Staff Commission.
We will then hear from Dennis Bradley, who is Vice Chairman of the Northern Ireland Policing Board. In addition, he is current Chairman and Chief Executive of Northland Films, and Chairman of the Northland Center, a center for the treatment of addictions. He was a member of both the Northern Ireland Drugs Committee and the BBC Broadcasting Council.
As a founding member of the Bogside Community Association, he has long been associated with local community organizations. And I would note parenthetically, in 2004 his home was fire-bombed, and he was also a victim in 2005 of vicious attacks when he was in a bar with his son watching a soccer match. So he has certainly paid a price for his beliefs and for his advocacy for policing reform.
If we can begin with Sir Desmond.
STATEMENT OF THE RIGHT HONORABLE SIR DESMOND REA, CHAIRMAN, NORTHERN IRELAND POLICING BOARD
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Mr. REA. I am pleased to be here. My name is Desmond Rea, and as Chairman of the Northern Ireland Policing Board, I am pleased to be here from the Northern Ireland Policing Board to testify, along with the Board's Vice Chairman, Denis Bradley.
The Board is also represented here today by representatives of each of the three political parties on the Board. As you know, one political party is still not on the Board. But the Social Democratic and Labour Party (SDLP) is represented at this hearing today by Joe Berne, the Ulster Unionist Party by Alan MacFarland, and the Democratic Unionist Party by Ian Paisley, Jr.
And could I acknowledge in passing, Chairman, the role of the Honorable Mitchell Reiss, in relating to Northern Ireland, its ongoing problems. And we are very much appreciative of him, in particular his interest in policing.
Policing is a central issue in any society. But in Northern Ireland, no issue has been more difficult or divisive.
The participants in negotiations that led to the Belfast Agreement of Good Friday, 1998 recognized this. They believed that the agreement would provide an opportunity, and here I quote: ''For a new beginning to policing in Northern Ireland, with a police service capable of attracting and sustaining support from the community as a whole.''
The 1999 report of the Independent Commission on Policing in Northern Ireland, chaired by Chris Patten, to which you have already referred, with its 175 recommendations, 114 indeed already removed from the table. And as the Oversight Commissioner has pointed out, if the present trend continues, all will be off the table, or the vast majority, by May 2007.
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But those 175 recommendations, they became the blueprint for the new beginning, and for affecting police change.
At midnight on the 4th of November 2001 the Northern Ireland Policing Board began its job. And its job, Mr. Chairman, is twofold. First, to support the police to the ends of effective and efficient policing. And secondly, to hold the police to account, through the Chief Constable, for the delivery of those ends.
And so the role is to hold to account and ensure for all the people of Northern Ireland the delivery of an effective, efficient and impartial police service, which would secure the confidence of the whole community.
A word briefly about the policing architecture. The policing architecture put in place in Northern Ireland is quite unique. Through, first, the accountability function of the Board, to which I have already referred. Secondly, the provision of an independent complaints system through the Office of the Police Ombudsman, to which you and the Honorable Mitchell Reiss have referred.
And finally, the critical role of the Police Oversight Commissioner who has been responsible for measuring progress in the change process in respect to policing in Northern Ireland. Indeed, I think I could claim as, indeed, has the Chief Constable, that Northern Ireland is now subject to more oversight than any other police service in Europe, if not the world.
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This policing architecture has delivered the accountability, the oversight and transparency mechanisms essential for building public confidence in policing and delivering a service which meets the needs of the whole community.
Getting on with its task. The Board's work has taken place during a period of continuing political uncertainty, and full political and public support for policing has still not been secured. We are not yet policing in a normal society, and there is still a way to travel.
I sometimes sum this up with three brief statements. First, it is important that every part of Northern Ireland is policed. Secondly, it is important that recruits are drawn and selected from every part of the community. And thirdly, that once they have been recruited and trained, that they can go back and visit their parents. There are some parts of Northern Ireland where they cannot even do that with assurance, in terms of their physical well-being.
But despite that, this has not inhibited the Board's commitment to its work. And despite the lack of full support, the Police Service in Northern Ireland and the Board have met the challenge of delivering on difficult issues, and effecting comprehensive and fundamental changes to policing.
With respect, then, to winning the support of the whole community, summed up in Northern Ireland by 50/50. For policing to win the support of the community, it must be representative of it. And historically, policing in Northern Ireland was not.
Over the past 4 years, as the result of 50/50 recruitment provisions, real compositional change has been effected in a relatively short space of time with almost 20 percent of regular officers that are now from the Catholic community. You made mention that recruits in PSNR are supposed to be 50 percent, that is correct. But you didn't go on to say that it is 50 percent. That is the reality today.
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And incidentally, in respect of female representation in the police, one of the interesting statistics, not taken cognizance of in Northern Ireland, is that the figure over the same period in Northern Ireland for females has gone from 10 to 20 percent.
District Policing Partnerships. Engaging local people to participate in new policing arrangements has provided challenges. But the real turning key has been the establishment of 26 district Policing Partnerships, otherwise known as DPPs, set up by the Board in 2003. These partnerships are a real success story, with their own 500 people now having their say on local policing issues. They are the common integral and accepted part of local policing, and have brought policing closer to the community, and the community closer to policing, in a way that has never happened before.
I would challenge anyone, Chairman, to find more representative bodies anywhere than these DPPs. They are representative of each and every District Council in terms of gender, in terms of identity, Protestant/Catholic, in terms of ethnicity, in terms of disablement. And I believe that they, in terms of delivering of policing with the community, are a major success story.
They have held over 400 meetings in public during their first term, giving local people the opportunity to ask questions of the PSNI, and discuss issues of concern across Northern Ireland. The ability to question, and their responsibility is, in part, a monitoring responsibility against the local policing. This has underpinned the change process, and the Board itself has been given strong powers, in addition to the strong powers that the Board has been given to carry out its work.
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Denis Bradley, as Vice Chairman of the Board, this is a particular area in which he has a strong interest because he chairs the respective committee for the development and monitoring of the progress in respect of DPPs.
You have raised the issue of intelligence, the reform of Special Branch. The whole area of intelligence, the reform of Special Branch, and the handling of informants is an area where legitimate questions have been raised in the past. The Board's review of the dissemination of intelligence between Special Branch and other parts of the Police Service. That was a particular problem, Chairman, that arose out of Omagh.
This dissemination question has formed the basis for major change through the implementation of a series of report recommendations. The scrutiny of these areas, the establishment of a new Crime Operation Department, provides for increased public confidence. The dedicated structure and staffing of the new department ensures that the policies, processes, and practices for the management of intelligence and day-to-day operations now meet national professional standards. And if you want to question us on that, we will be happy, Chairman, to elaborate.
It is interesting that in the presentations that you and your colleague have made, you referred, underpinning some of that is the whole issue of human rights. Policing in Northern Ireland hasn't just survived uncertain times. In many ways it has flourished, and leads the way internationally.
One example of this is the PSNI approach to human rights in policing. This booklet, the Code of Ethics for the Police Service of Northern Ireland, I believe that it, in itself, and every member and every officer in the Police Service of Northern Ireland is required to sign off to it. I commend it to you, and we will leave it for you to put on the record.
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In February 2003 that Code of Ethics was introduced for the Police Service. This code, which, as I have said, is I believe unique, lays down the standards of conduct and practice for police officers, and sets out the rights as well as their duties and obligations under the Human Rights Act of 1998.
The Board is responsible for monitoring police compliance with the Act. And it appointed two human rights experts to develop a robust monitoring framework against which to scrutinize how the police meet their human rights responsibilities.
In March 2005 the Board published its first human rights annual report, which comprehensively examined the PSNI's performance against this framework. Significant progress had been made, but there are still issues to be taken forward. And implementation of the report's recommendations are being closely monitored by the Board.
But it is encouraged that the report's authors, Keir Starmer QC and Jane Gordon, state that the PSNI has done more than any other police service in the United Kingdom to achieve human rights compliance. Again, Chairman, we would propose to give you a copy of that report to be placed on the record.
The Board has also been involved in ongoing efforts to research and develop less lethal alternatives to the controversial baton round, and the work undertaken has considered technologies used by police services across the world. The Board supported the Chief Constable's decision to introduce CS Spray and a new baton round, and consultation initiated on the Chief Constable's intention to purchase 12 TASER units for use by specialist firearms officers will provide a basis for the Board's discussion on this.
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The issue of less lethal weaponry—and here I am referring to public disorder and non-public disorder—is one of legitimate public interest in Northern Ireland. But unfortunately, as we witnessed in the extensive street disorder last summer, particularly in September, as already referred to, the police must have access to a range of equipment to meet difficult, and often dangerous, policing situations.
The Chief Constable has a duty to the members of the Service, and this Board, also has its duty of care. Even though it is important that it does not ignore its accountability role, it also has a duty of care, as well.
Officers need access to technologies that allow them to use no more force than is reasonable and proportionate, and act in a way which is compliant with the European Convention on Human Rights. The robust accountability mechanism now we believe as a Board provide that assurance.
Let me turn briefly, in my concluding remarks to the challenges ahead. But despite all the progress made, looking to the future there are still challenges ahead.
The Board is committed to supporting the delivery of a policing service that is fit for the 21st century. And that is about making the community safer for everyone. Northern Ireland, as has already been said, is one of the safest places in Europe to live, but there is still crime and criminality. Organized crime remains a major issue. But through the dedicated work of the PSNI, the Assets Recovery Agency, and other key agencies, including close cooperation with An Garda Siochana—and you will have noted, no doubt, Chairman, the important raids that took place, joint raids between the Police Service of Northern Ireland and the Garda in the last fortnight—those who profit through ill-gotten gains are being brought to justice.
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Dissident terrorists still pose a threat. But normalization has and is happening. Mobile police officers patrol in Belfast and other cities and towns, on bicycles as well as on foot, something that would have been unthinkable 5 years ago.
I want to tell you just briefly, I sat in on an accountability exercise, along with Alex Atwood at the Grosvenor Road Police Station. The District Commander there is responsible for West Belfast. I asked the following question: What is the breakdown of the population in West Belfast? Ninety-six percent Catholic, four percent Protestant.
I then asked another question. Tell me about patrolling. Does patrolling take place in all parts of West Belfast every day? And the answer on the record—and I asked can I quote this publicly—was in the affirmative. Police stations are becoming more user-friendly, with the use of mobile stations and police surgeries. No other police service in modern times has had to manage and implement such fundamental and complex changes.
Sir Ronnie Flanagan embraced the initial change process, Sir Hugh Orde has provided leadership. He has passed the mantle of change, and driven the change agenda, while continuing to police a changing society.
Police Oversight Commissioner Al Hutchinson stated in June 2005, here I quote: ''The policing change process in Northern Ireland represents the most complex and dramatic changes ever attempted in modern policing history.'' That is from a Canadian policeman. ''I believe the commitment to a process of change has put policing on the global map for the right reasons.''
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Others have not yet made that commitment. Others choose to threaten and intimidate, and you have rightly referred to the attack in the last year on my colleague, Denis Bradley. They intimidate those who have committed to playing a positive role, while others, suffering from past injustices, are still unsure.
As I said earlier, Northern Ireland is not yet normal. And if we are truly to move on, Northern Ireland must also deal with its difficult past. And I refer to this because you, Chairman, did refer to it, as well.
The establishment of a historical inquiries team by the PSNI will answer some of the many unanswered questions, and help perhaps bring closure for some. But what has happened in the past in policing cannot be used as a reason for holding back the future. We must not look back, but engage in debate and move on together.
For policing, police must be able to police every part of the community, as I have already said. Recruits must come from every part of the community. And most importantly, they must be able to go back to their homes without fear for their lives.
In respect of Sinn Fein, they are welcome on this Board, Chairman, yesterday. But that is a matter for the two governments and the political parties to resolve. It is not a matter for this Board.
The potential for devolution of policing and justice to a new assembly will provide many new challenges. But it will also deliver the final parts of the political jigsaw put together so conscientiously by the Patten Commission. It is the hope of the Board that a long-lasting political settlement is delivered, and full support for policing secured. In the meantime, the Board will continue to meet its important oversight role, and no doubt the new Board, which will take office on the 1st of April, will do likewise.
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On behalf of the Board, I thank your Committee for its continued interest and support for policing in the province, and encouraging a lasting peace settlement.
The Board has produced a document which sets out in greater detail some of the areas of our work during its first term. And I would like to present you with copies at the conclusion today of our evidence.
Thank you very much, Chairman.
[The prepared statement of Mr. Rea and Mr. Bradley follows:]
PREPARED STATEMENT OF THE RIGHT HONORABLE SIR DESMOND REA, CHAIRMAN, AND MR. DENIS BRADLEY, VICE CHAIRMAN, NORTHERN IRELAND POLICING BOARD
INTRODUCTION
Mr Chairman, thank you. My name is Desmond Rea and as Chairman of the Northern Ireland Policing Board, I am pleased to be here to testify today along with my Vice-Chairman, Denis Bradley
Policing is a central issue in any society but in Northern Ireland no issue has been more difficult or divisive.
The participants in the negotiations that led to the Belfast Agreement of Good Friday 1998 recognised this; they believed that the Agreement would provide an opportunity, and I quote 'for a new beginning to policing in Northern Ireland with a police service capable of attracting and sustaining support from the community as a whole'
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The 1999 Report of the Independent Commission on Policing in Northern Ireland, chaired by Chris Patten, with 175 Recommendations, became the blueprint for the new beginning and for affecting that policing change.
At midnight on the 4th November 2001 the Northern Ireland Policing Board began its job of holding the Police Service to account; and ensuring for all the people of Northern Ireland the delivery of an effective, efficient, and impartial police service which would secure the confidence of the whole community.
THE UNIQUE POLICING ARCHITECTURE
The policing architecture put in place in Northern Ireland is quite unique. Through
first the accountability function of the Board;
secondly, the provision of an independent complaints system through the office of the Police Ombudsman, and
finally, the critical role of the Police Oversight Commissioner, who has been responsible for measuring progress in the change process, policing in Northern Ireland is now subject to more oversight than any other police service in the Europe, if not the world.
This policing architecture has delivered the accountability, the oversight and transparency mechanisms essential for building public confidence in policing and delivering a service which meets the needs of the community.
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GETTING ON WITH THE TASK
The Board's work has taken place during a period of continuing political uncertainty and full political and public support for policing has still not been secured. We are not yet policing a normal society, and there is still a way to travel.
But this has not inhibited the Board's commitment to its work—and despite the lack of full support, the Police Service of Northern Ireland and the Board have met the challenge of delivering on difficult issues and effecting comprehensive and fundamental changes to policing.
WINNING THE SUPPORT OF THE WHOLE COMMUNITY : 50/50
For policing to win the support of the community, it must be representative of it and historically policing in Northern Ireland was not. Over the past 4 years, as the result of 50:50 recruitment provisions, real compositional change has been effected in a relatively short space of time with almost 20% of regular officers are now from the Catholic community—with a target to meet the Patten goal of 30% by 2010. Female representation in the service has doubled to 20%.
DISTRICT POLICING PARTNERSHIPS
Engaging local people to participate in the new policing arrangements has provided challenges, but the real turning key has been the establishment of 26 District Policing Partnerships (DPPs). Set up by the Board in 2003, these partnerships are a real success story with around 500 people now having their say on local policing issues. They have become an integral and accepted part of local policing and have brought policing closer to the community and the community closer to policing in way that has never happened before.
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DPPs held over 400 meetings in public during their first term, giving local people the opportunity to ask questions of the PSNI and discuss issues of concern across Northern Ireland.
The ability to question and hold the police to account has underpinned the change process and the Board itself has been given strong powers to carry out its work.
INTELLIGENCE, THE REFORM OF SPECIAL BRANCH
The whole area of intelligence, the reform of special branch and the handling of informants is an area where legitimate questions have been raised in the past. The Board's review of the dissemination of intelligence between Special Branch and other parts of the Police Service has formed the basis for major change through the implementation of a series of report recommendations. The scrutiny of these areas, and the establishment of a new Crime Operations Department provides for increased public confidence. The dedicated structure and staffing of the new Department ensures that the policies, processes and practices for the management of intelligence and day to day operations now meet national professional standards.
HUMAN RIGHTS
Policing in Northern Ireland hasn't just survived uncertain times; in many ways it has flourished and leads the way internationally. One example of this is the approach to human rights in policing.
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In February 2003, a Code of Ethics was introduced for the Police Service. This Code, which I believe is unique in European policing, lays down the standards of conduct and practice for police officers and sets our their rights, as well as their obligations under the Human Rights Act 1998.
The Board is responsible for monitoring police compliance with the Act and appointed 2 human rights experts to develop a robust monitoring framework against which to scrutinise how the police meet their human rights responsibilities.
In March 2005, the Board published its first Human Rights Annual Report which comprehensively examined the PSNI's performance against this framework. Significant progress has been made—but there are still issues to be taken forward and implementation of the report's recommendations are being closely monitored by the Board.
But it is encouraging that Report Authors, Keir Starmer QC and Jane Gordon, state that 'the PSNI has done more than any other Police Service in the UK to achieve Human Rights Compliance'.
The Board has also been involved in ongoing efforts to research and develop less lethal alternatives to the controversial baton round and the work undertaken has considered technologies used by police services across the world. The Board supported the Chief Constable's decision to introduce CS Spray and a new baton round—and consultation initiated on the Chief Constable's intention to purchase 12 TASER units for use by specialist Firearms Officers will provide a basis for the Board's discussions on this.
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The issue of less lethal weaponry for public order and non public order is one of legitimate public interest in Northern Ireland—but unfortunately as we witnessed in the extensive street disorder last Summer, the police must have access to a range of equipment to meet difficult and often dangerous policing situations. Officers need access to technologies that allow them to use no more force than is reasonable and proportionate and act in a way which is compliant with the European Convention on Human rights. The robust accountability mechanisms now provide that assurance.
CHALLENGES AHEAD . . .
But despite all the progress made, looking to the future, there are still challenges ahead.
The Policing Board is committed to supporting the delivery of a policing service that is fit for the 21st century.
And that is about making the community safer for everyone. Northern Ireland is one of the safest places in Europe to live, but there is still crime and criminality. Organised crime remains a major issue but through the dedicated work of the PSNI, the Assets Recovery Agency and other key agencies, including close co-operation with An Garda Siochana, those who profit through ill-gotten gains are being brought to justice.
Dissident terrorists still pose a threat, but normalisation has and is happening. Mobile police officers patrol in Belfast and other cities and towns on bicycles, something that would have been unthinkable 5 years ago. Police stations are becoming more user friendly with the use of mobile stations and police surgeries.
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No other police service in modern times has had to manage and implement such fundamental and complex changes. Whilst Sir Ronnie Flanagan embraced the initial change process, Sir Hugh Orde has provided leadership; he has grasped the mantle of change and driven the change agenda while continuing to police a changing society.
Police Oversight Commissioner, Al Hutchinson stated in June 2005 that and I quote, 'the policing change process in Northern Ireland represents the most complex and dramatic changes ever attempted in modern policing history'. I believe the commitment to a process of change has put policing on the global map for the right reasons.
Others have not yet made that commitment, others choose to threaten and intimidate those who have committed to playing a positive role, while others, suffering from past injustices are still unsure. As I said earlier, Northern Ireland is not yet normal and if we are to truly move on Northern Ireland must also deal with its difficult past.
The establishment of an Historical Enquiries Team by the PSNI will answer some of the many unanswered questions and help bring closure for some. But what has happened in the past in policing cannot be used as a reason for holding back the future.
We must not look back—but engage in debate and move on together.
For policing—police must be able to police every part of the community, recruits must come from every part of the community and most importantly officers must be able to go back to their homes without fear for their lives.
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In respect of Sinn Fein, they are welcome on the Board yesterday, but it is not up to the Board to sort out the politics of that.
The