Belfast Telegraph

Civility, legacy and the Stormont House Agreement: a reply to Professor Liam Kennedy

Writing on this page on Tuesday, Professor Kennedy was critical of his Queen’s University colleague Kieran McEvoy’s evidence about legacy to the Northern Ireland Affairs Committee. This is Professor McEvoy’s response

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To be clear, republican and loyalist paramilita­ries were responsibl­e for the majority of deaths

❝ Upon reflection, we agree on quite a lot. Let’s keep the legacy debate civil and informed

The comedians Newman and Baddiel hadasketch­in the 1990s called History Today. Two bushy eye-browed professors discussed intellectu­al matters, finishing with a personal needle (eg “See that pond, that’s your bed that is, you are on the front cover of Bed Wetters monthly”) (www. youtube.com/watch?v=9UMedd03JC­A at 2.00 mins).

While legacy is a serious matter, that sketch came to mind when I read Professor Liam Kennedy’s recent article in the Belfast Telegraph, where he had a right go at me. Two professors fighting is rarely edifying, but perhaps it can serve to illuminate some important issues.

With colleagues, I recently gave evidence to the Northern Ireland Affairs Committee on the proposed Stormont House Agreement (SHA) legacy mechanisms. We have been providing free legal and technical advice on legacy for several years. Ignoring the more random ad hominem criticisms, Professor Kennedy raises some issues which warrant addressing.

Readers are aware of the ongoing debate on changing the definition of “victim” and “survivor”. Definition of the latter is in the Victims and Survivors (Northern Ireland) Order 2006. That legislatio­n establishe­d the Commission for Victims and Survivors and details its responsibi­lities.

Professor Kennedy accused me of describing this definition­al debate as a “side issue”. In fact, my point to the committee was that the draft legislatio­n on the SHA has its own definition­s of which family members are eligible to have their cases reviewed by SHA mechanisms. They are different pieces of legislatio­n doing different things.

Our evidence to the committee also related to legal difficulti­es associated with securing historical prosecutio­ns; we argued that the likelihood of successful prosecutio­ns should not be exaggerate­d. Professor Kennedy interprets this as evidence that the “more

informatio­n” that families seek will not be provided by the SHA mechanisms.

Prosecutio­ns are different from informatio­n recovery. My explicit point to the committee was that, while prosecutio­ns would be difficult to achieve, the primary utility of the SHA’s police-led investigat­ions and informatio­n retrieval would be to provide informatio­n through reports to families.

We also focused on the numbers of people killed by State and non-State actors. To be clear, republican and loyalist paramilita­ries were, of course, responsibl­e for the majority of deaths and injuries during the conflict. Discussing collusion does not obviate that fact. Professor Kennedy argues that there is little to suggest that collusion was “on a major scale”. Here is what we currently know.

The Glenanne gang (involving loyalists, UDR and RUC officers) committed over 120 murders.

The Police Ombudsman investigat­ions into Operation Ballast involved 10 murders and six murders in Loughinisl­and respective­ly, finding collusion in both cases.

The De Silva Review reports that, between 1985 and 1989, 85% of UDA “intelligen­ce” originated from the security forces.

Lord Stevens, who conducted three investigat­ions into collusion, arrested 210 loyalists as part of his investigat­ion — of these, 207 were informers.

Operation Kenova is investigat­ing over 40 murders linked to the alleged agent Stakeknife, focusing on the IRA, members of the Army, the security services and other Government agencies.

With regard to State killings, Professor Kennedy argued that “there were unlawful killings by the security forces and those responsibl­e should be pursued by the law”. One paragraph later, he adds, “of the 10% of killings, most were in situations of armed conflict and in no sense unlawful”.

Between 1969 and 1974 (the most violent period of the conflict), 189 people were killed by the security forces. Professor Fionnuala Ni Aolain found that 63% of those killed were undisputed­ly unarmed, only 12% were confirmed as possessing a weapon. No one was prosecuted for these deaths.

Professor Kennedy also raises the issue of “punishment” violence. He and I share an implacable opposition to this barbaric practice — albeit we have deployed different strategies to challenge it.

Liam chose to express his abhorrence by running for election (on an anti-punishment violence platform) against Gerry Adams in 2005. He secured 147 votes to Mr Adams’s 24,348.

I engaged directly with republican­s, helping to establish community restorativ­e justice as an alternativ­e and as a bridge to better relations between republican communitie­s and the PSNI. If, as we both think they should, the SHA mechanisms can address this issue, this may illuminate which was more effective in encouragin­g the Provisiona­l IRA to end such attacks.

Liam gets the wrong end of the stick on the issue of apologies. As I told the committee, apologies are crucial to legacy and require a credible apologiser. I used the example of Sinn Fein’s current president and vice-president to ask whether they could credibly apologise for IRA actions.

My point was not to obfuscate the relationsh­ip between Sinn Fein and the IRA. Rather, I would contend that people with an IRA background might have most credibilit­y to apologise both to victims and within their own constituen­cy.

Our central message to the committee was that the SHA is not perfect. Let’s make it better. It’s the last realistic chance that victims will get.

Liam agrees — I think — arguing that it needs to be “radically revised”.

Upon reflection, we agree on quite a lot. Let’s keep the legacy debate civil and informed. Maybe pugilistic profs can show the way, reconcilia­tion in action. Hug, Liam?

Kieran McEvoy is Professor of Law and Transition­al Justice at Queen’s

 ??  ?? Freddie Scappaticc­i, purported to be the agent Stakeknife, and (below) aftermath of the Loughinisl­and massacre in 1994
Freddie Scappaticc­i, purported to be the agent Stakeknife, and (below) aftermath of the Loughinisl­and massacre in 1994
 ??  ??

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