Letter: Victims have had little-no access to justice, truth and accountability pathways for the best part of a generation

Is the ICRIR legacy body perfect? No, it most certainly isn't, and we have put forward a range of constructive suggestions around how things could be improved, so that the outcomes for victims/survivors might also be improved. But we are not ideologically motivated to try to tear it down by all means possible.

The reality for the constituency of victims/survivors we support (and which is the largest constituency impacted by the Troubles) is that they have had little-no access to justice, truth and accountability pathways for the best part of a generation.

The coronial inquest process is heavily weighted towards those who allege wrongdoing by the UK State, and the civil litigation process similarly is weighted against victims of terrorism. In the two cases where civil verdicts were attained (Omagh and Hyde Park) there has been no ability to reclaim damages from those found liable, whereas when the UK State is found liable, apologies and acknowledgements are often made, swiftly followed by financial settlements.

So against this imbalance within the system, families have turned to the ICRIR, more out of desperation than anything else.

We were clear that the recent report which principally focused upon governance issues did not serve the interests of the body but we were questioning of the veracity of the claims – whether there were isolated incidents or systemic cultural problems and deficiencies. The senior leadership team at ICRIR have made account of this and are clear that it is the former and not the latter which is at play.

In terms of the Irish State fully engaging with ICRIR or any future reformed Legacy Commission, there continues to be an imbalance in political power.

The Irish State has effectively quality proofed what the UK State has pulled together yet operates largely in the shadows concerning its own approach – and it has been allowed to do so by a weak NIO and wider UK government who are fixated on delivering UK legacy legislation but don’t understand or accept their responsibilities around ensuring the Irish State finally meets its’ own requirements satisfactorily.

Recently we met directly with senior An Garda Siochana personnel involved in operating the new Legacy Liaison Unit. We have some confidence in the motivations of the individuals tasked with this role. Ultimately, however, the success or otherwise of what is done rests upon the level of political policy engagement that follows around creating the necessary framework for optimum levels of disclosure to be enshrined in law and practice. The Irish government must be prepared to fully lift the lid upon the operations of the State in connection with the Northern Ireland Troubles.

This means dealing with the hard questions around the shameful extradition policy operated by that State – and ultimately the State accounting for its failure to protect many of its own citizens but also hundreds upon hundreds of innocents murdered and maimed along the northern side of the border corridor.

These questions and themes cannot and must not be shirked any longer.

Kenny Donaldson, SEFF director