What could outsiders do to end the tragic farce over dealing with the past?

A big push” on legacy issues is being promised by secretary of State James Brokenshire  as the Belfast Telegraph reports, following the failure to meet the deadline to implement the legacy part of Fresh Start. Whether it will mean anything more than UN attempts to end the horrors of Syria remains to be seen.  Brokenshire  presents himself as an honest broker but in truth  whether he realises it or not,  he is as much a party to deadlock as the others.

The package agreed by Stormont leaders and the UK and Irish Governments, which includes a new investigations unit, a truth recovery mechanism, an oral history archive and enhanced funding for Troubles-related inquests, will not become reality until the logjam is cleared. The national security dispute is primarily between the UK Government and Sinn Fein. However, the DUP is refusing to sign off on the funding boost for legacy inquests until all the other issues are sorted.

And so the merry-go-round keeps revolving…

Since the devolution of justice, the ministers of the Executive  have a sworn duty to defend the justice system.

The most  obvious act of progress would be for Arlene Foster to comply with the Lord Chief Justice’s repeated  requests to  fund inquests.  A positive reply to the head of the judiciary would hardly constitute a unionist sell-out.

Tory allegations of political bias made against  DPP Barra Magrory as a former lawyer for Sinn Fein  should be publicly  dismissed. If the DUP don’t trust him they should have the guts to call for his resignation. Such allegations  made against the English DPP   would create a political storm. At home such talk is  part of the old attitudes  that hold back confidence in the system.

In Westminster the opening of inquiries into killings by soldiers during the Troubles is being mixed up  with patriotic outrage over cases of army misconduct in Iraq. Otherwise it wouldn’t have been noticed by  super-patriotic Tory MPs and the Daily Mail.  But critics have a case, when the two year sentence limit for paramilitaries  does not apply to former security forces members.

At the time of the  GFA, no future prosecutions were contemplated but this was not acknowledged.  It throws into relief the weaknesses of  the  elaborate Haass structure headed by a Historic Investigations Unit.

The  British government  and the unionist parties every bit as much as Sinn Fein have sold the pass on removing politics from justice in the Troubles by arguing for a “ proportionate” approach as between former soldiers and paramilitaries.  What was the right ratio of prosecutions during the Troubles  and what should it be today?  The impossibility of  providing answers that would satisfy anybody shows that the call for proportionality is nonsense.

Barnie Rowan makes the case for another “ international team “ to tackle the problems of the past after Richard Haass and Meghan O’Sullivan  last had a go at it.   Former US envoy Mitchell Reiss is back in business as one of the Monitoring Group into paramilitary activity. Well and good, but as outside input failed before over the legacy,  why should it succeed now? This time would they grasp the nettle and recommend an amnesty, or at least let the hare sit until we’re all dead?

Discover more from Slugger O'Toole

Subscribe to get the latest posts to your email.

We are reader supported. Donate to keep Slugger lit!

For over 20 years, Slugger has been an independent place for debate and new ideas. We have published over 40,000 posts and over one and a half million comments on the site. Each month we have over 70,000 readers. All this we have accomplished with only volunteers we have never had any paid staff.

Slugger does not receive any funding, and we respect our readers, so we will never run intrusive ads or sponsored posts. Instead, we are reader-supported. Help us keep Slugger independent by becoming a friend of Slugger. While we run a tight ship and no one gets paid to write, we need money to help us cover our costs.

If you like what we do, we are asking you to consider giving a monthly donation of any amount, or you can give a one-off donation. Any amount is appreciated.