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Thursday, May 03, 2007

“there has been a grey area where some of the judgements made have not been entirely comfortable..”

On Channel 4 News the PUP’s Dawn Purvis was commenting on the UVF statement. Asked whether it meant members of the paramilitary group would now become ‘community workers’ she suggested several options for the UVF.. including working with the elderly.. and involvement in community restorative justice.. Earlier today, a report by the Criminal Justice Inspectorate Northern Ireland concluded that there were no obstacles to Northern Ireland Alternatives, the restorative justice groups in loyalist areas, “proceeding to the second stage of the accreditation process.” - press release here [pdf file] The actual report is available here [pdf file] - more below the fold.

From the CJI report [pdf file]

3.4 We recommend that NIA and the schemes be accredited, subject to their agreement to the following points and conditions:

• The schemes must operate in accordance with the Protocol and meet all the criteria specified in it;

• In particular there needs to be clarity about the limits beyond which delinquent or anti-social behaviour needs to be treated as criminal and reported to the police;

• The individual schemes must remain within the NIA family, at least for the next two years;

• NDI should in due course detach itself from its parent Association and become established as an independent charity within the Alternatives family;

• The training material on human rights needs to be made more specific, as suggested in the Appendix;

• Although record-keeping is in general good, there should be more consistency in the use of contact sheets,‘contracts’ with young clients, and reporting of outcomes from programmes;

• The Board of NIA should as soon as possible be reconstituted to bring the formal position into line with its de facto composition.

3.5 If there is a decision to fund the schemes from official sources, core funding should not necessarily come from the criminal justice system. Much of the hesitation over recognising the schemes has come from the perception that they were part of an alternative structure of policing and justice. That is not their character, though they can certainly play a valuable role in relation to criminal justice broadly defined.

3.6 They should be seen first and foremost as a community resource dedicated to working with difficult youngsters, either diverting them away from crime in the first place or helping to draw them out of criminal and anti-social behaviour if they are engaging in it, while at the same time working with the victims of such behaviour to restore a sense of wellbeing to the community. As such, they may be eligible to receive project funding or payment for services from such diverse sources as local Councils and Community Safety Partnerships, Social Services, the Education Board, the Housing Executive, the Probation Board or the Youth Justice Agency, as well as from charitable sources and from Europe; but we would suggest that their core funding, if Ministers wish to support the schemes, should come from the Department for Social Development (DSD).

In response to the report, NIO minister David Hanson issued this statement

David Hanson said: “This is an important report and having considered the outcome of inspections undertaken by CJINI. I would like to thank Kit Chivers for producing such a thorough and comprehensive report.

“Restorative Justice has a valuable role to play in addressing low-level criminal offences and offenders and the needs of victims.

“The regulation of restorative justice schemes in Northern Ireland was a key recommendation of the Criminal Justice Review and following today’s report we are now one step further to having effective community based restorative justice schemes operating in our local communities.”

The Minister also announced that Community Restorative Justice (Ireland) have requested accreditation under the Protocol.

The Minister said, “I am pleased also to announce that Community Restorative Justice (Ireland) have indicated to me their intention to seek accreditation under the Protocol, and I look forward to receiving the report of inspections of their schemes in due course.”

Which will, presumably, mean that there will first be a report by the Criminal Justice Inspectorate Northern Ireland on those Community Restorative Justice (Ireland) schemes.

There’s a more detailed report on the CJI(NI) report from the Press Association which highlights some areas of concern

Today`s report made six recommendations including accrediting the tested schemes but said the issue of criminal liability needed to be resolved.

“In particular there needs to be clarity about the limits beyond which delinquent or anti-social behaviour needs to be treated as criminal and reported to the police,” it stated.

“The schemes are clear that serious offences must be notified, but there has been a grey area where some of the judgements made have not been entirely comfortable.

“This will need to be addressed in the discussions which are now planned about the implementation of the protocol.”

Other recent reports have indicated equal grey areas of judgement in other restorative justice schemes.

Recently David Hanson appeared in front of the Northern Ireland Affairs Select Committee where the Committee raised concerns about future involvement of those paramilitary groups.

The committee expressed deep concerns in a report in January that any involvement by paramilitaries in the schemes would create the opportunity to “perpetrate paramilitary control of communities”.

In response Mr Hanson said the government plans set out criteria directly affecting the suitability of an individual.

Certain offences relating to children and young people would render anyone unsuitable.

So would convictions for any serious arrestable offences since the signing of the Good Friday Agreement in April 1998 or a term of imprisonment for such an offence in the three years before making an application to join a community justice scheme.

“Criminal convictions will not be the only criteria considered,” Mr Hanson said.

“Any information from police or other statutory sources suggesting an individual is currently involved in criminal or paramilitary activity will be grounds for finding an individual unsuitable.”

But he also ruled out creating a dedicated funding stream through the DSD

However, in his response, published by the committee, Mr Hanson said: “The Government will not be establishing via DSD a dedicated budget line.”

The minister said schemes that were engaged with the process would be free to apply for funding from existing sources - in the same way as any other voluntary or community organisation.

And he warned: “All funding streams will be subject to the constraints of the current comprehensive spending review.”

Pete Baker @ 12:08 PM

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  1. Its staggering how little comment there has been among the media this morning about the victims of UVF violence (in comparison to the coverage which was given to victims after the IRA cessation). I am among the 500 families who lost someone to the UVF. My uncle, (an innocent Catholic victim) was abducted and murdered by them in the 70’s.

    This is the organisation that produced The Shankill Butchers, arguably the most horrific and sick killing machine ever to emerge on this island. 

    So, not much talk about ‘victims’ today, either from them, or from parts of the mainstream media. I welcome this statement (if it is genuine), but we should not forget the hundreds of innocent Catholics that they butchered and murdered during their tainted existence…

    Posted by macswiney on May 03, 2007 @ 01:19 PM
  2. Yes, and Protestants too for that matter....

    Posted by  on May 03, 2007 @ 01:28 PM
  3. Just read the Irish Times coverage of this....
    http://www.ireland.com/newspaper/breaking/2007/0503/breaking35.htm

    “Asked this morning about UVF decommissioning, Sinn Féin president Gerry Adams said his party had never pushed for decommissioning but that “silenced weapons” was what was important in this “step-by-step process"."

    An interestingly restrained reaction from Mr Adams there…

    Posted by  on May 03, 2007 @ 02:01 PM
  4. Guys

    This particular post is not about the actual statement.

    Posted by  on May 03, 2007 @ 02:06 PM
  5. “However, in his response, published by the committee, Mr Hanson said: “The Government will not be establishing ***via DSD*** a dedicated budget line.””

    Is this because a deal has been done whereby the government will fund loyalist CRJ schemes in return for today’s UVF statement, a deal which could be undone next week by the incoming SDLP Minister for Social Development?

    Whereas providing the funding via the criminal justice system - whether that is logical or not - could carry on uninterrupted past the 8th of May, since justice powers will remain with the NIO for at least a year.

    Posted by  on May 03, 2007 @ 02:19 PM
  6. Pete,

    Apologies for straying off the subject matter. Its a difficult day for those of us who have lost victims to them. Hopefully, the accreditation of these schemes will have the desired impact in these areas. Restorative Justice has had some success and any regulated community-based initiative action delinquent behaviour should be welcomed.

    Posted by macswiney on May 03, 2007 @ 02:20 PM
  7. “An interestingly restrained reaction from Mr Adams there…”

    He couldn’t credibly argue that decommissioning is essential after years of claiming that the IRA holding onto their silenced weapons should not be used as an obstacle to progress.

    Sorry Pete for responding to that comment here although my other post IS relevant to this thread, I hope you agree.

    Posted by  on May 03, 2007 @ 02:24 PM
  8. Woops… post in the wrong thread.

    I was just going to have a little side rant in here about the fixation Northenr Irish politicians have with restorative justice schemes as being the catch-all solution to sectarian problems in Northern Ireland.

    It seems that the governments stance is that restorative justice will evaporate any bitterness or long-standing divisions within Northern Irish society, that somehow by getting over the events of the troubles the greater social problems will evaporate.

    This frankly is a bit silly, even South Africa’s Truth and Reconcilation program failed to completely repair the divisions within its society; As we can now see with the increasingly apparent tensions that still exist between the two races, for examples just look at the De Le Ray pop song mess or the Greatest South African debacle; both relatively minor issues that became increasingly politicised by the two communities due to feelings that other community were acting in bad form.

    I do however still support restorative justice schemes in Northern Ireland, I merely think that these need to be backed up with more concrete anti-sectarian initatives… like scrapping funding for individual communities, increasing state funding for mixed religious schools etc

    Posted by  on May 03, 2007 @ 02:27 PM
  9. I fail to see how the headline is representative of the story, it doesn’t even act as a clue to the content..which is kind of it’s job… I have read the connected articles and releases and the pieces connected to the headline make up a very small minority of the story, it seems that the poster intentionally looked for a negative headline to post about a positive story.

    Posted by  on May 03, 2007 @ 02:48 PM
  10. several options for the UVF.. including working with the elderly

    Ah...you will be careful with Mrs O’Grady now will you, “Chopper” Hamilton?

    Posted by Alex on May 03, 2007 @ 03:09 PM
  11. Portious, I dont see how CRJ will solve any sectarian problems as they are done on rigid intra community basis.  If anything they may reinforce the community segregation as who would want to live in an area where the local CRJ man is an ex terrorist of themmuns?

    oh lets move there, their justice is metted out by a former killer, magic.

    It’s purely a jobs for the boys scheme to add another veneer of respectibility.

    Posted by  on May 03, 2007 @ 04:05 PM
  12. Jocky,

    Don’t get me wrong, I think the current organisation and focus of the schemes is ridiculous. The very language is based on idea that restorative justice should be done community by community, enforcing the sectarian lines.

    I think that we should limit restorative justice to deal purely with the Troubles and not be isolated to specific wards… I disagree that we should use restorative justice for anti-social behaviour or plain criminality for the very reasons that it will entrench the idea of isolated community polciing, something we need to rip apart if we want to heal at least some of woudns between the two communities.

    Oh, and any restorative justice body set up would naturally be an arm of the Northern Irish government set-up in co-operation with the UK and ROI, not some random association rumber stamped for the sake of easiness by the state.

    Posted by  on May 03, 2007 @ 04:33 PM
  13. CRJ
    Another slap in the face for the victims and decent folk in our communities!
    A programme run by killers and controlled by killers!
    Nobody i can hear or see from victims of loyalist murder gangs involved. WHY??

    Posted by  on May 03, 2007 @ 05:59 PM
  14. This is definitely something to keep extremely focused on, though, with the Government’s devised protocols not in place as of yet it is best to wait and see.

    The whole systematic approach needs to be laid out flat on the table for everyone to see just how perpetrators of criminal/non-criminal behaviour are identified then brought to the fore before any scheme.  If you like, a start-to-end overview of such projects in terms of how such projects intend to restore justice with integrity through use of their schemes.

    I mean, it would seem reasonable that the PSNI would play a role in diverting such perpetrators but if as the statement says, such schemes can be run without funding from the C Justice System because they deal with other non-criminal matters then you would wonder what this means in terms of real folks out on the streets.

    Does it help to make every individual in the community become more visible by people watching out to see if they can remain sensible citizens until the point when they aren’t; then when that happens, subsequently put before a community-council set-up for a good bitching session designed to shame before being released.

    Posted by Democratic-Centre on May 04, 2007 @ 11:23 AM
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