Letters to the Editor: Courts are not the path to reconciliation

Truth Recovery Ireland offer views on Ireland's legal action against the UK's new Troubles legacy law, while other readers look at a range of topics including mental health services
Letters to the Editor: Courts are not the path to reconciliation

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The decision of the Government to initiate an inter-state case against the British government at the European Court of Human Rights over the implementation of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 was entirely predictable and is yet another example of how both governments have contracted out the task of truth recovery and reconciliation for victims and survivors of the Troubles to the courts.

It is also further evidence that relations between the two states are probably at their lowest point since the signing of the Belfast/Good Friday Agreement in 1998.

The Irish Government will argue that it has no choice but to take a case before the opportunity to do so expires on January 17. The British government will argue in response that it is the only one willing to provide solutions for victims and their families while there is still time.

The fact remains that the current situation is a direct consequence of the failure of both governments to build on the Stormont House Agreement of 2014. The establishment of the Independent Commission on Information Retrieval (ICIR), which provided a very effective mechanism for recovering the remains of the ‘disappeared’ should have been used as a template to address the need for the families of all those killed, as well as over 45,000 survivors who suffered life-changing injuries to receive some measure of truth and justice.

No one is suggesting that an agreed approach will be easy but nor should the problem have been contracted out to the courts. They are not designed or equipped to deal with the legacy of communal ethnic conflicts.

Time is fast running out, especially for the majority of those affected by death and injury who had suffered by the end of 1975 — almost half a century ago.

Now it seems both governments are shifting the problem to the European Court of Human Rights.

We would argue that a truth recovery process, providing amnesties that are conditional on former combatants providing honest testimony should be considered as an alternative. The other conditions would be that former combatants must be willing to engage with the victims through mediation if the latter so wish.

This process can address the many outstanding cases that will never see the inside of a courtroom. It can also address the many miscarriages of justice that occurred. Such a process would leave the legal option open to those victims and survivors who would rather seek justice through the courts.

If both governments continue down the current path, there will be a price to be paid not alone by victims and their families but by future generations. The decisions by the British government in 1922 to issue a general amnesty for the War of Independence, and by the Free State government for the Civil War, were far from ideal — but at least it saved future generations from having to perpetuate the conflict through the courts.

Harry Donaghy, Northern Chair; John Green, Southern Chair;  Padraig Yeates, Secretary; Truth Recovery Ireland, Dublin

A valuable lesson in patience

Growing up in the United States in the 1950s and 1960s, Christmas was a really big deal for me.

I would get excited and start telling my mom and dad what I wanted for Christmas in September.

My parents told me not to mention Christmas until after Thanksgiving Day, but I kept it up and was relentless in my pursuit of the gifts I felt I needed. Then, the unmentionable hit the fan: My dad cancelled Christmas. There would be no Christmas lights on the outside of the house and no Christmas tree in the house; no decorations and no Santa on the lawn. I complained to my mom; she agreed with my dad.

For the next three months, I pleaded, apologised, did everything I could to have Christmas, but it was a no-go.

On Christmas Eve, my dad asked me to help him wash our car at the car wash. During this time away, my dad arranged to have lights put up on the house, put Santa on the lawn and have our neighbours take the Christmas tree out of their garage to our house and decorate it.

We really enjoyed Christmas that year. It made me appreciate the meaning of Christmas; it’s not the gifts, it’s your family and friends who make it all worthwhile. And, by the way, I never again mentioned Christmas before Thanksgiving.

Kevin Devitte, Westport, Co Mayo

Do not shut down Open Dialogue

I am dismayed to hear that the Open Dialogue service for adult mental health clients living in the Bantry area is to be disbanded.

The Open Dialogue service enables a person who suffers from mental health illness to actively
involve family members and friends who they know can help them recover. This holistic model, which has won awards and is held in very high esteem all over Europe, has helped my family member greatly, and others too.

With the number of people suffering with their mental health increasing I cannot understand why such an excellent service would be done away with.

We as a family found the Open Dialogue service in Bantry excellent. Our ill family member was able to bring us and other family members and friends into the therapy room when the time was right and it helped hugely by building relationships and it brought peace and calm to our person. I would appeal to the powers that be to reconsider this retrograde step.

Name and address with the Editor

International Protection statistics

Having worked in the area for over 10 years pre retirement, I have more experience than most as regards the complex world of asylum claims. In my view, it would help allay public concerns on the overall international protection process if regular statistics were produced by the International Protection Office rather than the current two-page bare minimum monthly report of new claimants which usually is put up on their website mid-month.

At a time when hundreds of staff and extra panel members are being assigned to the IPO, their actual output remains shrouded in mystery. After an FOI request earlier this year I was informed that, in 2022, 1,383 people were granted refugee status, 69 subsidiary protection, 2,081 given leave to remain, and a surprisingly low 869 refused all three at first instance. The leave to remain figure was probably skewed by Justice Minister Helen McEntee’s amnesty for those over two years in the asylum process but this is unclear.

Suffice to say that, at a time of a backlog of around 15,000 international protection claimants, the 2023 IPO figures should prove interesting, especially in view of my being informed recently (after a four-month FOI saga) that, in the first six months of 2023, only 544 deportation orders were made and 33 actually effected.

Add the 6,000 people with leave to remain but who cannot or will not leave International Protection Accommodation Services IPAS due to the housing crisis, and our accommodation problems are likely to remain with us.

Michael Flynn, Bayside, Dublin 13

Extend the Ploughing to five days

Surely the wonderful National Ploughing Championships should be held over five days instead of three. 

Each day is now so packed that it is most uncomfortable. It is just impossible to move around. It is so bad that I stopped going five years ago. The event should be Tuesday to Saturday. The Saturday would give an opportunity to people who are working to attend.

Sean Leyden, Clane, Co Kildare

Renaming TCD's library

Trinity College Dublin is asking for a suggested name for its library. Maureen Sweeney, who died last week, aged 100 years, would bring honour and inspiration to Trinity College. She’s the wonderful, resourceful, capable woman who at the age of 21, forecast that the weather, was about to deteriorate which would have a detrimental effect on the proposed attack by the Allies in Normandy in 1944.

Her intelligent observation and forecasting, played a vital role in saving lives and ending the Second World War. She would be an inspiration to students, staff, and every one who visited the library.

Margaret Walshe, Clonsilla Rd, Dublin 15

Russia is interested in Ireland

In his letter on December 16, Brendan Holleran described the UK as a “major contributor to the outbreak of the special military operation in Ukraine”. 

Describing the Russian war of aggression in Ukraine as a “military operation” is mimicking Kremlin propaganda. Russia may have legitimate security interests in Europe but this does not justify their invasion of Ukraine.

Mr Holleran also maintains that Russia is not particularly interested in Ireland. Russia is interested in destabilising democracies throughout the West. There are lots of examples of Russian interference in elections and Russian-backed hackers have wreaked havoc in public and private organisations in several countries, including Ireland. As a hub for US multinationals, and with vital transatlantic cables in our territorial waters, we can be sure Russia is interested in us.

Kay Chalmers, Douglas, Cork

Limits to the right to self-defence

“Israel has the right to defend itself” is a comment we have heard often since 7 October. Indeed Israel has the right to “defend itself” — just as every individual has the right to self-defence if somebody breaks into our home.

However, once the perpetrators leaves our house, the right to self-defence does not permit us to follow them back to their home village/town, destroy the town, and kill the occupants in the hope the perpetrators will be killed. 

I suggest such actions, as carried out now by the government of Israel, cannot be justified as “self-defence”.

Michael A Moriarty, Rochestown, Cork

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