‘Decriminalise terrorist groups to secure peace’ - backlash against paramilitary watchdog IRC’s proposed idea

There has been wide-ranging opposition to the possibility of decriminalising terror groups as a means of advancing and securing the peace process.
By Philip Bradfield
Published 19th Nov 2020, 06:30 BST
Updated 20th Nov 2020, 09:14 BST
Paramilitary groups are still engaged in extensive attacks on people in their communitiesParamilitary groups are still engaged in extensive attacks on people in their communities
Paramilitary groups are still engaged in extensive attacks on people in their communities

The idea was floated this week by the Independent Reporting Commission (IRC), which was set up after the PSNI blamed PIRA members for the murder of Kevin McGuigan in 2015.

In its second report the IRC said that although there are thousands of members of paramilitary organisations, the vast majority are “dormant” and that “the time has come – for the benefit of society – for consideration to be given to a dedicated transition process for paramilitaries themselves to bring paramilitarism to an end”.

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It added: “Deproscription [decriminalisation], and whether or not the deproscribing of a paramilitary organisation is a viable option, also needs to be addressed.

The members of the Independent Monitoring Commission, from left, Tim O'Connor, Mitchell Reiss, Monica McWilliams and John McBurney.The members of the Independent Monitoring Commission, from left, Tim O'Connor, Mitchell Reiss, Monica McWilliams and John McBurney.
The members of the Independent Monitoring Commission, from left, Tim O'Connor, Mitchell Reiss, Monica McWilliams and John McBurney.

“There are major sensitivities around the issue – particularly from the perspective of victims – but given that the option of deproscription remains on the Statute Book, it should be considered if only to eliminate the possibility so that other options can be put forward.”

In its third report, this week, it raised the issue again, in part “because mass arrests are patently not feasible” and because “we have met some individuals who genuinely appear to want to transition away from paramilitarism and yet do not know how to do so legally”.

“In that regard, we noted that one possible element of a transition process, deproscription had proven problematic, both legally and politically. Finally, we raised this point because we believe that the alternative is for the status quo to drift on, with the resultant risks for the peace-building process...”.

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Executive parties split over proposal to decriminalise terror groups to secure peace process

But Kenny Donaldson of Innocent Victims United said his members would see the proposals “as a further placating of terrorism and proposed sponsored rewrite of the past”.

He added: “Many of these organisations still control the communities they claim to support. In short the proposal is naive, misplaced and should not be afforded any airtime.”

UUP MLA Doug Beattie said that his party was “very clear that the de-proscription of paramilitary groups is not a viable option for transitioning them into peace time” while TUV leader Jim Allister said it should “horrify any decent citizen to think that the way forward is the deproscription of republican and loyalist groups which have visited so much death on innocent people”.

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Sinn Fein said that there is “no place for any armed groups in our society in 2020, 22 years on from the signing of the Good Friday Agreement” while the Alliance Party said it did not support deproscription, but does support “individual transition, not turning terrorist structures into community structures”.

However, loyalist Jamie Bryson said that if there is to be a transition process “then in purely legal terms it’s difficult to see how such a process could transition proscribed organisations into a culture of lawfulness without at some point deproscribing them”.

Executive parties split over proposal to decriminalise terror groups to secure peace process

There remains thousands of ‘signed up’ paramilitary members in Northern Ireland – report

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