Thematic Evaluation of Funded Projects:
Politically-motivated Former Prisoners and
their Families
Brian Gormally, Shadd Maruna and Kieran McEvoy
May 2007
Institute of Criminology and Criminal Justice
School of Law
Queen’s University Belfast
28 University Square
Belfast BT7 1NN
1
Contents
1. Introduction
a) Terms of reference – basic purpose of the report
b) Project design and methodology
2. Reintegration and the Peace Process
a) Rethinking reintegration
b) Barriers to participation and the needs of ex-prisoners
c) History of reintegrative efforts
3. Ex-prisoner projects in the Border Region
a) The characteristics of the target group for the projects
b) Description of the projects
c) Management and organisation of the projects
4. Service delivery and meeting the needs of ex-prisoners
a) Vocationally orientated training in a “safe place”
b) Personal needs and development – peer counselling
c) Social networking and symbolic capital
5. The projects and post-conflict transition
a) Working in the broader community
b) Removing barriers to participation in society
c) Political transition and the Republican community
d) Political transition and work with former opponents
e) Acknowledging and dealing with the past
f) Relations with the State in Northern Ireland and the Republic
of Ireland
g) Conflict transformation and the significance of location in
the Border Region
h) The projects and the growth of Sinn Fein
6. The future of ex-prisoner projects
7. Conclusions
Appendix Thematic Framework for Analysis: Indicators of Success
2
Acknowledgements
The authors would like to thank all of the ex-prisoners and related stakeholders who
agreed to be interviewed for this project and who were consistently open and helpful with
our interminable requests for yet more information. We would also like to thank all of
those who sat on the steering committee for their guidance and commentary on previous
drafts, Kirsten McConnachie at the Institute of Criminology and Criminal Justice, Queens
University Belfast for her excellent research assistance and Ruth Taillon and the other
staff at Border Action for their help and patience.
Brian Gormally, Shadd Maruna and Kieran McEvoy, May 2007
3
Introduction
This thematic evaluation focuses on the work of projects which work in the border areas
with politically motivated ex-prisoners and their families. Many of these projects have
already been individually evaluated in terms of the details of their work and indeed those
evaluations form part of the key data drawn upon in the current report. However, the
function of this report is to draw out more general themes of broader applicability in
assessing the peace and reconciliation outcomes and the impacts of the projects.
This review encompasses nine, separate -- indeed sometimes very different -- projects
providing services and support for the ex-prisoner community of the Border Region of
Ireland and beyond. The projects reviewed include seven, primarily local projects in the
border area: Abhaile Aris based in Letterkenny; Expac based in Monaghan; Failte
Abhaile based in Dundalk; Failte Chluain Eois based in Clones; La Nua based in
Ballinamore, Co Leitrim; Tus Nua Sligeach based in Sligo; and Teach na Failte based
in Strabane. In addition, the thematic review also covers the all-Ireland work of Coiste na
n-Iarchimi, the central co-ordinating organisation for Republican ex-prisoner projects, as
well as The Educational Trust, a project run by the Northern Ireland Association for the
Care and Resettlement of Offenders that offers grants to individual ex-prisoners or their
family members enabling them to take accredited educational courses throughout Ireland.
a)
Terms of reference – basic purpose of the report
Our terms of reference indicated that the main focus of this evaluation would be “to
identify and assess the peace and reconciliation outcomes and impacts of these
projects…” In effect, this is to relate the evaluation to the Strategic Aims and Objectives
of the Peace II Programme. The overall strategic aim of the Programme is: “to reinforce
progress towards a peaceful and stable society and to promote reconciliation”. The first
and second objectives of the programme are respectively to ‘address the legacy of the
4
conflict" and to “take opportunities arising from peace.”1 In particular this thematic
evaluation focuses on the work of projects which work in the border areas with politically
motivated ex-prisoners and their families. Many of these projects have already been
individually evaluated in terms of the details of their work and indeed those evaluations
form part of the key data drawn upon in the current report. However the function of this
report is to draw out more general themes of broader applicability in assessing the peace
and reconciliation outcomes and the impacts of the projects.
Prisoners, serving or released, seem to be an important constituency in any conflict and
certainly in the conflict in and about Northern Ireland. The ways in which prisoners are
treated by the state and regarded by their communities offer insights into the nature both
of the conflict and indeed of the process of conflict transformation. Reintegration
measures can contribute to the development of a climate conducive to peace discussions,
especially when the prospect of ‘real’ peacemaking begins to appear. Early, pre-cease-fire
projects in Northern Ireland, such as a self-build project for released Republican life
sentence prisoners, seemed to have been helpful in this way.
It has been argued that prisoner release and reintegration are an indispensable prerequisite
for the building of an inclusive society.2 That is certainly the goal held out by the Good
Friday Agreement. Its vision of the transformation of a contested society into one in
which identities and allegiances may compete but have equality of esteem and
representation in its structures has to include the reintegration of ex-combatants. The
Agreement specified:
“The Governments continue to recognise the importance of measures to facilitate
the reintegration of prisoners into the community by providing support both prior to
and after release, including assistance directed towards availing of employment
1
Objective One states that the Programme will address specific problems generated by the conflict in order
to assist the return to a normal peaceful and stable society and Objective Two: that it will encourage
actions which have a stake in peace and which actively help promote a stable and normal society where
opportunities for development can be grasped
2
See B. Gormally and K. McEvoy (1995) The Release and Reintegration of Politically Motivated
Prisoners in Northern Ireland. Belfast: Northern Ireland Association for the Care and Resettlement of
Offenders.
5
opportunities, retraining and/or re-skilling, and further education.” (The
Agreement 1998:25)
The funding of projects which specifically addressed the needs of ex-prisoners and their
families under Peace II and the Peace II extension were designed to underpin the
commitments made by the two governments with regard to the reintegration of politically
motivated prisoners. The basic purpose of this evaluation is to assess the extent to which
the ex-prisoner projects in the Border Region are contributing in a practical way to that
overall vision of the peace process.
It is important to stress that this evaluation is a thematic exercise looking at the collective
impact of the funded projects. Projects were not individually evaluated for the purpose of
this project, and we have not sought to make comparisons between the various projects in
terms of their successes or failings. However, when identifying what appears to us to be
good practice, some of our examples may make the projects identifiable. This is
unavoidable when so relatively few projects are involved.
b)
Project design and methodology
The above terms of reference led to the development of a framework for the evaluation
that included the processes necessary for reintegration (or the two-sided removal of
barriers to participation in society), aspects of reconciliation or conflict transformation
and particular objectives of the EU Peace Programme. This framework is included as an
Appendix. We used the framework as a theoretical template for all aspects of data
collection for this project, including the design of interviews with key stakeholders within
and outside the projects themselves.
Our thematic evaluation employed a mixed-method triangulation-style design, drawing
both on qualitative interview data as well as the secondary analysis of previously
collected empirical data.
6
•
Desktop analysis:
Each of the projects has been independently evaluated and assessed by outside
investigators at regular intervals. Among the range of file material maintained by
Border Action was an average of two evaluation reports, four site visit reports, and
one assessment report for each project over the last three or four years. As part of our
evaluation, all of these reports were assembled and analysed prior to the site visit for
each project. Additional records of project outputs and internal evaluation reports
were often provided at the site visits, themselves, and this additional information was
added to the desktop analysis.
•
Site visits:
In addition to the desktop analysis, site visits to each of the nine projects were carried
out by one or more of the researchers. At the seven projects based in the Border
Region, these site visits included either separate or joint interviews with staff and
management, as well as focus groups with target users of the project. Interviews were
semi-structured and open-ended. Interviewees were given the option as to whether
voice-recorders would be used or not, and in most cases, projects preferred that
interviews be conducted without such devices. Notes from the interviews were then
transcribed, preserving the anonymity of the speakers (in particular the target users
from the ex-prisoner community), and incorporated into the findings compiled from
the desktop analysis.
•
Stakeholder interviews:
At some of the site visits, interviewers were able to discuss the projects with outside
members of the local community. However, this was not always possible, nor were
these meetings an ideal opportunity for the collection of such candid views from
outside community members. As such, additional semi-structured interviews (in most
cases, telephone-based) were conducted with two to four, pre-selected stakeholders
from each of the seven communities in which the localised projects are based, as well
as with a smaller number of stakeholders familiar with the wider, political scene
across Ireland.
7
Finally, data from across the three aspects of the study were analysed thematically
following the framework laid out in the Appendix. Rather than assessing or comparing
specific outcomes of the different projects, the goal was to better understand the overall
contribution of the funded projects as a whole to the overarching objectives of the EU
Peace Programme.
1. Reintegration and the peace process
Before reviewing the findings from our research, it is customary to establish the wider
context of the report by reviewing the relevant research in the subject area. First,
however, it is important to unpack the terminology being used – in particular the
contested notion of “reintegration” – and explain how we have understood this central
concept as applied to politically motivated former prisoners for the purposes of this
research.
a) Rethinking ‘reintegration’
Despite its utilisation in the Agreement, the notion of reintegration with regard to former
politically motivated prisoners is a controversial one on both sides of the border.3 Firstly,
given that the term is normally associated with ordinary rather than politically motivated
prisoners, many ex-prisoners would associate its usage with what they regard as ‘residual
criminalisation’ or the denial of political status.4 Having resisted such criminalisation
efforts sometimes to the point of death during the conflict, many Republican exprisoners, in particular, are loath to accept any terminology or nomenclature in the post-
3
See eg. McEvoy, K., Shirlow, P. & McElrath, K. (2004) ‘Resistance, Transition and Exclusion: Politically
Motivated Ex-prisoners and Conflict Transformation in Northern Ireland.’ Terrorism and Political
Violence, 16 (3), 646-670. , B. Graham, K. McEvoy and P. Shirlow (2007) Beyond the Wire : Ex-prisoners
and Conflict Transformation in Northern Ireland. London : Pluto.
4
See See L. McKeown (2001) Out of Time: Irish Republican Prisoners 1970-2000. Belfast Beyond the
Pale. K. McEvoy (2001) Paramilitary Prisoners in Northern Ireland: Resistance Management and Release.
Oxford : Oxford University Press; M. Corcoran (2006) Out of Order: The Political Imprisonment of
Women in Northern Ireland, 1972-1999. Devon: Willan.
8
conflict era that might undermine this history of resistance.5 Second, many politically
motivated ex-prisoners would argue that the term fundamentally misinterprets the
relationship between them and the communities from which they come. The term may be
said to imply that former prisoners are somehow not an integral part of their society or
that they must change in order to “fit back” into society.6 Third, such a perspective fails
to address the political and structural causes of violence in the first place and suggests a
distinction between such individuals and some imagined “normal” society to which the
these ‘outcasts’ may return now that they have ‘seen the error of their ways.’7
Indeed, even in the wider imprisonment context, the concept of “reintegration” has been
under-theorised, and the term is used differently by different actors, often without a
definition. The word is sometimes used synonymously with terms such as rehabilitation,
treatment, recovery, resettlement, release, and reentry – each of which, presumably,
connotes very different things. In a comprehensive review of the academic literature on
the subject, Maruna and LeBel categorise the various approaches to reintegration as being
either: risk-based, needs-based, or strengths-based.8 Although all the different
interventions are justified under the label of ‘reintegration,’ they are very different in both
their theoretical assumptions and of course their implementation. Risk-based
interventions (e.g., electronic monitoring, drug testing) focus on external behaviour
control through monitoring and punitive sanctioning. Needs-based strategies (e.g.,
housing assistance, job training) seek to compensate for ex-prisoner deficits, in particular,
those brought on by the nature of incarceration. Whereas, strengths-based approaches
(e.g., mutual aid groups) focus on ex-prisoners as community assets rather than deficits.
In the words of the 1960s New Careers movement, these strengths-based approaches seek
“to transform receivers of help into dispensers of help; to structure the situation so that
5
P. Shirlow, B. Graham, K.McEvoy, D. Purivs and F. Ó hAdhmaill (2005) Politically Motivated Former
Prisoner Groups: Community Activism and Conflict Transformation. Belfast : Community Relations
Council.
6
For a discussion on the differences between Republican and Loyalist ex-prisoners and their respective
communities see B. Graham, K. McEvoy and P. Shirlow (2007) Beyond the Wire: Ex-prisoners and
Conflict Transformation in Northern Ireland. London : Pluto.
7
See eg. Coiste Na n-Iarchimi (2003) Annual Report Belfast: Coiste Na n-Iarchimi
8
Maruna, S. & LeBel, T. (2003). Welcome Home?: Examining the Reentry Court Concept from a
Strengths-based Perspective. Western Criminology Review, 4(2) 91-107.
9
receivers of help will be placed in roles requiring the giving of assistance”.9 The
suggested benefits of providing these sorts of leadership opportunities include a sense of
accomplishment, grounded increments in self-esteem, meaningful purposefulness, and a
cognitive restructuring toward responsibility. As part of a helping collective, the exprisoner community volunteer is thought to obtain ‘a sense of belonging and an esprit de
corps’, as well as a positive, agentic identity. Additionally, this community work sends a
message to the wider society that the ex-prisoner is worthy of support and investment in
their reintegration.10
Our understanding of the “reintegration” of former politically motivated prisoners and
other ex-combatants is that the process both seeks to address specific problems generated
by the conflict and also to encourage active steps to build a peaceful and stable society.
As such, these projects could be characterised as strengths-based approaches that seek to
meet the needs of ex-prisoners through a mutual aid strategy, rather than passive,
individualistic forms of “treatment” or “aid”. Ex-prisoner organisations such as Coiste
prefer a formulation such as “removing the barriers to full participation in society” to the
term reintegration for this practice. That is perfectly acceptable but, whatever the
terminology, we wish to analyse the set of processes, derived from the concept of an
inclusive peace process, designed to increase opportunities for ex-combatants to play a
full part in the new society being created. In our view, violent political conflict does
exclude the “illegal” participants from full participation in society and prisoners are
blatantly physically excluded. Irrespective of how much prisoners are supported by their
own community, they are excluded, by definition, from the liberty and social activity
enjoyed by other people. The experience of prison or a clandestine life may also
concretely disadvantage people in terms of education, work experience and their personal
relationships.
9
Pearl, A. and Riessman, F. (1965) New Careers for the Poor: The Non-professional in Human Service. New
York: The Free Press.
10
Burnett, R. and Maruna, S. (2006). The Kindness of Prisoners: Strength-based Resettlement in Theory and
in Action. Criminology and Criminal Justice, 6, 83–106.
10
Indeed, at an individual level, there has been a considerably greater willingness on the
part of political ex-prisoners in recent years to frankly acknowledge the human and
personal costs of the years of imprisonment.11 Political prisoners in Northern Ireland and
the Republic were not immune from the traditional pains of imprisonment by virtue of
their political motivation. They have had to cope with the intrinsic personal and familial
problems familiar to any long-term prisoners, such as the fear of mental deterioration,
familial strains and fears of harassment by the security forces after release. Other
problems such as poor physical and psychological health, conditions such as Post
Traumatic Stress Disorder, family breakdowns, alcohol and substance abuse related
problems, and difficulties in relating to others who have not ‘been through’ the prison
experience have all been identified in previous research.12 At a more structural and
societal level, former prisoners may find difficulties in employment, adopting children,
gaining appropriate insurance or mortgages and a range of other issues wherein the
possession of a ‘criminal record’ for past political offences may militate against
exercising their full rights as citizens in the post conflict polity.
Importantly, however, if the term “reintegration” is to be deployed by policy makers in
the post conflict context, then it must at the very least be viewed as a two-way process.
While ex-prisoners may be encouraged to take up opportunities offered in education,
training and so on, society on both sides of the border must also change to ensure their
inclusion. In short, this means removing legal, policy and attitudinal barriers to social,
economic and political participation in civil and political society. In addition, the
traditional concept of “rehabilitation” as suggesting a certain paternalistic or therapeutic
intent, wherein prisoners need to be “healed” must be abandoned. Politically motivated
ex-prisoners will not tolerate these attitudes and, indeed, during the conflict would rarely
interact with statutory or voluntary organisations that offered assistance under such a
11
B. Hamber (2005) Blocks to the Future: A Pilot Study of the Long-term Psychological Impact of the 'No
Wash/Blanket' Protest. Derry: Cunamh.
12
See eg. A. Grounds and R. Jamieson (2003) ‘No Sense of An Ending: Researching the Experience of
Imprisonment and Release Amongst Republican Ex-prisoners’, Theoretical Criminology 7/3 pp.347-362;
McEvoy et al 2004 op cit, Shirlow et al 2005 op cit.
11
context.13 That is why reintegration measures for politically motivated ex-prisoners are
ideally based on the principle of self-help with autonomous, ex-prisoner-controlled
organisations delivering services to them and leading them to broader participation in
society.
The services involved will include improving skills, knowledge and qualifications to
assist participation and also, where relevant, meeting personal and family social and
psychological needs. There is a broader role, however, embedded in the strengths-based
principles of mutual aid, that involves offering to ex-prisoners and other ex-combatants
an opportunity to pursue that activism which they previously, at least partly, expressed in
illegal, politically-motivated violence. As such, ex-prisoner projects may try to engage in
both developing channels for peaceful social and political activism (distinct from, though
no doubt complementary to, party political activity) and developing a leadership role in
their local communities.
One of the most salient features of the Northern Ireland peace process is that it has not
required the main protagonists to abandon their basic political aspirations, in particular
the separate British and Irish national aspirations and allegiances. It has rather tried to
construct a polity in which these separate perspectives can co-exist in the same
geographical and political space. At one level this is to be achieved through the
distinctive political arrangements and at another through the array of reforms of state
structures, the enforcement of equality and the protection of human rights. One of the
main thrusts of the Peace Programme, however, is that these arrangements should be
backed up by efforts for peace and reconciliation within civil society. It is certainly
arguably that ex-combatants from both the non-state and state background have a
particular responsibility to take a lead in this process. Certainly the involvement of exprisoners in processes which entail self-critical examination of their role in the past
conflict and in taking opportunities to engage with those with different and possibly
13
See K. McEvoy (2001) op cit for a discussion of the attitudes of politically motivated prisoners towards
organisation such as NIACRO or the Probation service.
12
opposed political positions and national allegiances has been a prominent feature of the
projects examined in this research..
b)
Barriers to participation and the needs of ex-prisoners
There is considerable academic and policy literature which details the generic difficulties
experienced by ex-prisoners seeking to gain employment and other basic amenities of
citizenship.14 Obstacles outlined in that literature which are faced by ‘ordinary’ (i.e. nonpolitically motivated) ex-prisoners in accessing the job market include lack of relevant
training and experience, lack of access to education, ineligibility for public service, as
well as discrimination practices (lawful and unlawful) by employers.15 Almost two-thirds
of prisoners lose jobs as a result of their imprisonment, four out of ten prisoners are
homeless on release, and over two-fifths lose contact with families or friends in the
course of a prison sentence.16 The Home Affairs Committee of the House of Commons
reports that 66.6% of prisoners have no job on release and only 16% receive any advice
or guidance about finding a job.17 While these figures relate to England and Wales there
is no reason to doubt that the situation in Ireland is similar. Numerous surveys of
employers find that a record of incarceration is almost fatal in hiring contexts.18 likewise
Wilson and Neckerman have found that incarceration experiences badly reduce the
likelihood of an individual marrying and remaining successfully married.19 Many of these
14
See. J. Petersilia (2003). When Prisoners Come Home: Parole and Prisoner Re-entry. Oxford: Oxford
University Press; K, McEvoy (2005) Enhancing Employability in Prison and Beyond ; A Literature Review.
Belfast : NIACRO; T. Ward and S. Maruna (2007) Rehabilitation : Beyond the Risk Paradigm. London :
Routledge.
15
Maruna, S. & Immarigeon, R. (Eds.) (2004). After Crime and Punishment: Pathways to Ex-Offender
Reintegration. Cullompton: Willan Books; Liebling, A. & Maruna, S. (Eds.) (2005). The Effects of
Imprisonment. Cullompton: Willan Books
16
Morgan, R. and Owers, A. (2001). Through the Prison Gate. A Joint Thematic Review by HM
Inspectorates of Prisons and Probation. London: Her Majesty’s Inspectorate of Prisons.
17
Home Affairs Committee (2005). Rehabilitation of Prisoners: Volume II, Oral and written evidence
(HC 193-II). London: The Stationery Office Limited.
18
Conalty, J. and L. Cox,. (1999), Who’d Give Me A Job? A Study Of Employers Attitudes To Offenders,
Inner London Probation Service. London : Inner London Probation Service. Metcalf, H., Anderson, T. and
Rolfe, H. (2001) Barriers to Employment for Offenders and Ex-offenders. London: Department for Work
and Pensions Research.
19
Wilson, W. J. and Neckerman, K. M. 1987. “Poverty and Family Structure: The Widening Gap between
Evidence and Public Policy Issues.” In S.H. Danziger and D.H. Weinberg, eds. Fighting Poverty: What
Works and What Doesn’t. Cambridge, MA: Harvard University Press: 232-259.
13
experiences resonate strongly with the experiences of politically motivated exprisoners.20
Previous research into politically motivated ex-prisoners in Northern Ireland and the
Republic has highlighted similar structural difficulties as well as a range of personal,
psychological and familial difficulties associated with the after-effects of conflict and
imprisonment.21 For example, in their study of non-aligned Republican ex-prisoners
(which included ex-prisoners from both sides of the border), Grounds and Jamieson,
detail a range of health related problems, difficulties with social interaction, greater
introversion, some alcohol abuse and at least two ex-prisoners who had post traumatic
stress disorder.22 McEvoy and colleagues, in their work which draws upon research on
ex-prisoners in Belfast, identified very similar issues.23 Almost half of their sample selfidentified as having poor or very poor health. The explanations advanced by ex-prisoners
for this included socio-economic deprivation after release, beatings and poor conditions
while imprisoned. Their sample too suggested that for a number of interviewees, alcohol
abuse had become a significant factor in the reproduction of ill health.24 McEvoy et al
suggest that as prisoners move from an all-encompassing ‘resistant’ framework during
imprisonment (which mitigated against showing any ‘weakness’) to the transitional post
conflict context there is evidence of a greater willingness to honestly acknowledge such
deleterious consequences of long term imprisonment on them and their families. As one
group of Republicans acknowledged at a post-conflict seminar on counselling and
support amongst ex-prisoner groups:
Sometimes Republicans can be too naïve. We felt that Republicans couldn’t have
these problems and therefore we weren't open to people expressing them. During
the struggle against the British, we were able to repress other issues. With the
20
See F. Ó hAdhmaill (2001) Equal Citizenship for a New Society? An Analysis of the Training and
Employment Opportunities for Republican Ex-prisoners. Belfast: Coiste Na N-Iarchimí.
21
For an overview, see P. Shirlow, et al. (2005).
22
Adrian Grounds and Ruth Jamieson, ‘No Sense of An Ending: Researching the Experience of
Imprisonment and Release Amongst Republican Ex-prisoners’, Theoretical Criminology 7/3 (2003)
pp.347-362.
23
McEvoy, Shirlow, & McElrath, 2004.
24
McEvoy et al ibid.
14
peace process, other problems are emerging…. We are very good at closing up and
avoiding issues. But families are breaking down after release. Some people because
of this have got fed up with Republicanism. We have an obligation to provide
support for people who have given much and suffered much for the struggle.25
Families too have become increasingly forthright about the high price which they have
paid as a result of the imprisonment of their loved ones and the involvement of the latter
in armed actions. For example, some of the families interviewed by Shirlow et al were
fairly frank about difficult family relationships between released prisoners and children
who had grown up in their absence. Almost 40% of Republican and 28% of Loyalist
families interviewed for that research reported that imprisonment had had a negative
effect on the quality of their personal relationships with ex-prisoners. In addition, quite
apart from the predictable worry and concern which family members had while their
loved ones were active in paramilitary groups, almost universally such families had also
experienced police raids, security force harassment and related activities.26
In addition to relationships with families, much of the previous literature in this area has
focused upon the relationship between such ex-prisoners and the communities from
which they came and\or in which they now live.27 There are significant differences in the
relationship between former Loyalist and Republican prisoners and their respective
communities. Relations between Republican ex-prisoners and their communities in the
North are often broadly portrayed as positive. Many ex-prisoners are seen as having
‘done their bit’ in defence of their community and its political aspirations. There are large
numbers of such ex-prisoners in these communities and political imprisonment is often an
integral feature of community history through multiple generations.28 Republican exprisoners are frequently prominent in local community, civic and political life and indeed
25
Quoted in Coiste na n-Iarchimí, Counselling and Emotional Support: Report of a Seminar Held in the
Creighton Hotel. 5 June 1999 (Belfast: Coiste na n-Iarchimí 1999) p.2.
26
See P. Shirlow et al (2005) op cit.
27
See Graham et al, 2007 op cit.
28
Precise numbers are notoriously difficult to ascertain but Republican ex-prisoner groups estimate that
that least 15,000 Republicans have direct experience of imprisonment and somewhere between 5-10,000
Loyalists. See Shirlow et al (2005).
15
often take on leadership roles in such groupings.29 Finally, Sinn Fein is usually a
significant political force in such communities. In contrast, former Loyalist prisoners
often speak of a much more ambivalent relationship with ‘their’ communities. While
there is a residual support base for Loyalist paramilitaries, their affiliated political parties
remain fairly marginal in terms of their electoral strength. There is no equivalent intergenerational community history of imprisonment. Violence from Loyalism is much more
likely to be viewed as ‘criminal’ rather than political and the continued involvement of
Loyalist paramilitaries in drug dealing and other types of criminality means that former
Loyalist prisoners face real challenges in demonstrating their bona fides in many
community settings.30
As noted above, the specific reintegrative needs of politically motivated ex-prisoners
have been extensively researched. As well as the academic work cited above, all of the
major ex-prisoner organisations have themselves carried out research (sometimes in
partnership with academics, as in the work of McEvoy et al, Shirlow et al and Grounds
and Jamieson) and local groups have tended to replicate this within their geographical
areas. While the weight given to various categories of need varies, there is a great overall
similarity in their findings.
Economic issues dominate. On release, an ex-prisoner is usually without financial
resources. The way to economic advancement is obviously through paid employment.
However, the level of unemployment amongst ex-prisoners is high. For example, Coiste
have suggested that in Monaghan as many as 82% of ex-prisoners are unemployed.31 As
is detailed below, some of the barriers to employment are practical, some are legal and
some political, in broad and narrow senses. In addition, the particularities of the prison
experience in Northern Ireland and the Republic was hardly a good preparation for the
conventional world of work. Many ex-prisoners lack formal qualifications, especially
29
See Shirlow etc (2005) op cit.; K.McEvoy and A. Errickson (2006) “Restorative Justice in Transition:
Ownership, Leadership and ‘Bottom Up’ Human Rights.” In D. Sullivan & L. Tifft (eds) Handbook of
Restorative Justice. London: Routledge.
30
See H. Sinnerton (2003) David Irvine : Uncharted Waters. Cork : Brandon.
31
Coiste na N-Iarchimi (2003) Responses to Government Consultation on a Shared Future and
Rehabilitation of Offenders. Coiste ; Belfast.
16
those with immediate vocational application. Some prisoners were able to gain academic
qualifications in prison, up to degree level, mainly through distance learning and the
structures of the Open University. However, the subjects open for study were limited to
those requiring no special equipment or facilities. Vocational training was virtually nonexistent in the Maze prison (previously Long Kesh). In addition, the prison regime gave
little preparation for the discipline of work. Even though politically motivated prisoners
organised themselves, took responsibility for their daily regime and operated a
disciplined routine, this was collective and dependent upon the close camaraderie that
developed. This was not necessarily an effective preparation for an individual
commitment to the discipline of routine and sometimes alienating work.
A serious bar to employment is the issue of personal security. Protestants find it difficult
to work in predominantly Catholic areas and vice versa. Employers are obliged by Fair
Employment legislation to attempt to overcome the “chill factor” but those convicted of a
politically motivated offence are not necessarily protected by Fair Employment
legislation. Indeed in a recent employment tribunal case in Northern Ireland, the
exception to Fair Employment legislation permitting discrimination on the grounds of
support for political violence was upheld in a case involving two former prisoners, even
though the prisoners involved were supporters of the peace process.32 In addition, those
with “criminal” convictions are ineligible for work in many areas of the public service.
A particular complaint of ex-prisoners is the difficulty in acquiring a Public Service
Vehicle driving licence. This is necessary to drive a bus or taxi, the latter in particular
32
The Fair Employment Tribunal found that the two former IRA prisoners (John McConkey and Jervis
Marks) had been unlawfully discriminated against by the SIMON homeless charity because of their
‘political opinions’ which is protected under the Fair Employment legislation. However, Article 2.4 of the
Act provides that an employer can discriminate if a person's opinion "includes approval or acceptance of
the use of violence" in Northern Ireland politics. The Tribunal accepted that both men no longer support
the use of violence and dismissed their cases "not without some reluctance". But they said the "clear
wording" of Article 2.4 in the Fair Employment and Treatment Order required them to find against the two
ex-prisoners. The tribunal also called for the law to change because of the "changed environment in
Northern Ireland" - noting that "…there may be good reasons to consider appropriate amendments to the
said article, or even its repeal, to reflect those changed circumstances". The case is currently being
appealed to the Northern Ireland Court of Appeal. McConkey Vs Simon Commnity NI CASE
REF:00452/00FET January 2007,
http://lawsociety2.lawsoc-ni.org/tribunal/FET_0045200_MCCONKEY_V_SIMON.doc
17
being a significant employment opportunity. Applicants with criminal convictions are
initially barred and, although some cases are won on appeal, this unreformed system
constitutes a particular barrier to employment. One notable success in this area was a
successful challenge taken by a former IRA prisoner, Damian McComb, who had been
released under the early release provisions of the Belfast Agreement.33 However, while
the McComb judgement is of particular utility to prisoners who benefited under the early
release provisions of the Good Friday agreement, it is of limited use to the thousands of
Republican and Loyalist prisoners who served their sentences and were released prior to
the Agreement. In the Republic, Harvey et al note a degree of arbitrariness concerning the
granting of taxi licenses with approval in some cases following an interview with the
Gardai but many other applications were refused. They also note that appeals to the
Department of Justice, Equality and Law Reform were always refused even though there
is no formal stated policy against ex-prisoners holding such licences.34 Even beyond the
taxi industry, many job applications now require a declaration of previous convictions (on
both sides of the border) and instant dismissal is possible for any inaccuracy that
subsequently emerges. In addition, some employers may also regard it as a risk to the
stability of their workforce to take on people with a “political” past.35
A wide range of jobs involving access to children are, quite properly, subject to vetting
which gives a prospective employer details of an applicant’s criminal record. This
process, designed to exclude individuals at risk of violent and sexual offending, makes
33
McComb challenged a ruling by the Recorder in Belfast which upheld a Department of Environment
determination that he was ‘not a fit and proper person to hold a taxi driving license in all of the
circumstances of your case’. McComb had been convicted in 1990 of conspiracy to cause explosions and
been sentenced to 30 years imprisonment. As with ordinary prisoners, the interpretation of the meaning of
‘a fit person’ had been relied on by the Department of Environment to deny former politically motivated
prisoners such licenses for a number of years. McComb’s lawyers successfully relied upon the commitment
to reintegration in the Agreement, and the fact that a person released under the Northern Ireland Sentences
Act was by definition deemed no longer to represent a danger to the public. Mr Justice Kerr, now Lord
Chief Justice of Northern Ireland, held that: “The Agreement contemplated that mechanisms would be put
into place for the accelerated release of prisoners and that those prisoners who benefited from that
programme would be reintegrated into society. It appears to me therefore that particular attention should
be paid to the fact that a prisoner released under the terms of the Northern Ireland (Sentences) Act has
been adjudged not to be a danger to the public.” Re McComb [2003], NIQB 47.
34
Havery et al (2005) op cit. at p. 70.
35
NIACRO (2004) Employability and Ex-Offenders: Survey of Employers’ Attitudes in Northern Ireland.
Belfast: Northern Ireland Association for the Care and Resettlement of Offenders (unpublished, copy on
file with the authors).
18
little allowance for the special character of politically motivated offences.36 A conviction
for serious violence for example, would normally and obviously exclude someone from
such employment despite the strong evidence which suggests that politically motivated
ex-prisoners constitute little real risk of committing similar offences. In fact, even while
the conflict was ongoing, reconviction rates for released paramilitary prisoners were
exceptionally low. For example, up until 1998 when the post Agreement early release
scheme was introduced, of the 435 life sentenced prisoners released (many of whom had
been convicted of murder), only two were reconvicted of a terrorist offence.37 Obviously
in light of the ending of much organised violence in recent years, the risk of further such
violence has been reduced even further - but without legislative protections, barriers to
prisoners’ reintegration to society and the work force remain.
Prisoners are also faced with other practical problems after imprisonment. For example,
housing can be an immediate problem for released prisoners, especially those who are
single.38.Public housing authorities may be unsympathetic and ex-prisoners’ economic
situation tends to preclude house buying on release.39 Many mortgage companies require
a declaration of a criminal record and significant time spent in prison means that, even for
those who are employed, they have “lost” the working years that might have got them on
the property ladder before the housing market boom which has made that ladder so much
more difficult to access.
Finally as noted above, imprisonment places huge stress on prisoners and their families,
especially the wives and children of prisoners. There is significant evidence of trauma
and related psychological health issues amongst the ex-prisoner community.40 Families
have often endured considerable economic pressure, many having relied upon welfare
benefits throughout imprisonment and in general terms suffered from all the problems of
36
See NIACRO (2005) Working With Convictions. Belfast : Northern Ireland Association for the Care and
Resettlement of Offenders.
37
NIACRO (2005) ibid at p. 15.
38
Paylor, Ian. 1995. Housing Needs of Ex-offenders. Aldershot, UK: Avebury.
39
Shirlow et al (2005) op cit.
40
Grounds and Jamieson (2002); Shirlow et al (2005); B. Hamber (2006)
19
lone parent families.41 In addition, as discussed above, problems concerning familial
relationships with former prisoners can be formidable.
c) History of reintegrative efforts
During the conflict in both Republican and Loyalist communities any formal
reintegration activities were offshoots of the various prisoner aid organisations.
Organisations, such as the Prisoners’ Defence Fund and the Green Cross, on the
Republican side and Loyalist Prisoners’ Aid and the Orange Cross on the Loyalist side,
mainly collected funds to support the families of serving prisoners.42 They might,
however, give particular help when someone was released and those with interest and
experience in the welfare of ex-prisoners would gather round these organisations and give
help to individuals where possible.
On what was perceived as the state side, the Probation Board and government funded
voluntary organisations such as NIACRO and Extern, offered resettlement opportunities
to “ordinary” ex-prisoners and, in theory, to politically motivated ex-prisoners. In
general, however, many such prisoners regarded any participation in such schemes to be a
criminalising process, tantamount to accepting that they were “ordinary criminals.”
The cease-fires of 1994 clearly gave an impetus to reintegration efforts and created the
context for external support. Perhaps the most important aspect of this was the
development of the European Union Special Support Programme for Peace and
Reconciliation (SSPPR). Jaques Delors, the then President of the European Commission,
but whose replacement had already been appointed, took a personal interest in pushing
through a new programme of financial support designed to embed the peace. Ex-prisoners
were identified as a particular beneficiary group, though they have received a tiny
41
See K. McEvoy, D. O’Mahony, C. Horner and O. Lyner (1999) “The Home Front : The Families of
Paramilitary Prisoners in Northern Ireland" British Journal of Criminology 39, 175-197.
42
See Shirlow et al 2005 for a detailed account of the history of these various organisations.
20
fraction of the money devoted to economic development schemes. The current “Peace II
Extension” is a direct descendant of the original “Delors Packet.”
In spite of the commitments made by the two Governments in the Agreement, limited
government money or action has been directed towards ex-prisoners, beyond, of course,
the 25% of Peace funding which is contributed by the two governments. However, a
British government-led task force which has been meeting sporadically over the last two
years has recently produced a voluntary code for employers and others to assist in dealing
with people who have convictions related to the conflict.43 That document advises (p.4)
that “…conflict-related convictions of ‘politically motivated’ ex-prisoners, or their
membership of any organisation, should not generally be taken into account [in
accessing employment, facilities, goods or services] provided that the act to which the
conviction relates, or the membership, predates the Agreement. Only if the conviction, or
membership, is materially relevant to the employment, facility, goods or service applied
for, should this general rule not apply”” The report goes on to indicate that conflict
related convictions should not be bar unless the conviction was “manifestly
incompatible” with the job, facility, goods or service in question. The onus of
demonstrating incompatibility would rest with the person making the allegation and the
of the offence would not, per se, constitute adequate grounds. Any applicant affected by a
negative decision should have a right of appeal and “it is expected that only in very
exceptional circumstances that such grounds could be successfully invoked.” (P.5). As
well as practical advice to employers on making assessments of making decisions as to
conflict related convictions, the document also provides for an appellate structure (made
up of the NIO, CBI and ICTU) known as a Tripartite Review Panel. That Panel, which
will have a part-time secretariat, will be able to receive complaints from individuals and
will be required to produce an Annual report to the Secretary of State. The operation of
the voluntary code will be reviewed in 18 months. The document also concludes (P.13)
43
OFM\DFM (2007) Recruiting People with Conflict Related Convictions. An Employers Guide. Belfast :
Office of the First Minister and Deputy First Minister. The working group was chaired by the current head
of the Northern Ireland Civil Service Nigel Hamilton, and Sir George Quigley, former permanent secretary
and Chairman of the Ulsterbank. As well as Loyalist and Republican ex-prisoner groups, it included
representatives from the Confederation of British Industries (CBI), the Irish Congress of Trade Unions
(ICTU) and relevant government departments.
21
that “…if there is evidence that the voluntary arrangement is demonstrably not working it
is the view of the Government that the voluntary arrangement should be put on a
statutory basis.”
We have no knowledge of any equivalent initiative by the Irish Government. The Irish
Government has provided some practical assistance to ex-prisoner projects. For example,
through the Department of the Taoiseach, the government did fund the Coiste Dublin
office from 1999 to 2006.44 However, that funding was ended at the end of last year,
apparently because “the job of reintegration is now complete.” Despite that conclusion,
and in a context of continuous and intensive lobbying by Coiste and others over the
period, there does not seem to have been any significant development in relevant policy
regarding politically motivated ex-prisoners by the Irish Government.
The ability to establish and fund open, public projects for ex-prisoners has been a product
of the peace process. The projects themselves are then, in the terminology of the
European Peace Programme, grasping the opportunities brought by the peace process.
During the conflict, prisoner and ex-prisoner aid organisations were, effectively, units of
the paramilitary organisations. Arguably, one of their principal purposes was to support
the continuing “armed struggle.” This kind of public autonomous project would have
been inconceivable in that period, for their purpose is quite different. On the one hand,
the projects are designed to overcome some of the problems created by the conflict, as
detailed in the previous section. On the other hand, they are an essential part of the peace
process, mobilising an important constituency in support of the process of building a new,
peaceful and stable society.
There is another sense in which the projects operating in the Border Region are taking the
opportunities provided by peace. During the conflict this area suffered in particular ways.
In some areas there was considerable violence and in all there was conflict between
Republicans and the agencies of the states, North and South. There was an additional
44
Coiste also received government funding from the Department of Justice, Equality and Law Reform
towards funding of a childcare project and some building refurbishment for the Fáilte Chluain Eois, Clones.
22
element of isolation through Border closures and security operations. In the aftermath of
the conflict there has been an increase in economic development and some exploitation of
the natural resources of the area, particularly as regards tourism. These projects are part
of a more general movement, especially in the community and voluntary sector, to take
the opportunities provided by the peace in developing the social and economic
infrastructure of the region. As the region develops increased self-confidence and throws
off the image of isolation and danger, the ex-prisoner projects are playing a role in
building social cohesion.
The symbolic importance of the existence of these projects was referred to above. It is
also important to grasp that the “self-help” aspect of these projects has only been possible
with the advent of peace and the projects are taking the opportunity to build positively on
the activism of their members as detailed later in the report.
2. Ex-prisoner projects in the Border Region
a)
The characteristics of the target group for the projects
The Border Region the funded projects operate in includes areas with high concentrations
of displaced persons as a result of the Troubles and areas isolated by border closures.
Previous literature45 has suggested that the Border Region also suffers from a range of
identifiable political, social, and economic problems, including:
•
Lack of identity, profile, image
•
Deficient transport, economic and social infrastructure
•
Poor transport links, especially public transport
45
See generally L. O’Dowd, T. Moore, J. Corrigan (1994) The Irish Border Region: A Socio-Economic
Profile. Belfast : Queens University Belfast; S. Cook, M. Poole, D. Pringle and A. Moore (2000)
Comparative Spatial Deprivation in Ireland : A Cross Border Analysis. Dublin : Oak Tree Press
23
•
Above average levels of social deprivation
•
High levels of general and youth unemployment
•
By contrast, skills shortages in some areas
•
Low value added indigenous industry
•
Dependence on agriculture
•
Low levels of public services in key areas e.g. hospitals
These problems have been exacerbated by the conflict and these projects were designed
to cope with aspects of that legacy.
The target group of the funded projects was ex-prisoners, displaced prisoners and their
families. It is estimated that around 14,000 people were displaced (by violence or other
conflict-related issues) from the North to the Border Counties.46 It is also estimated that
there are about 2,000 politically motivated ex-prisoners born in the South living in the
Southern Border Counties and about another 2,000 (6,000 with their families) originally
from the North who have moved there.47
All the projects funded by Border Action that operate in the Border region deal with those
who were involved in republican activity in the past. The experiences of Republican exprisoners in the Border region, particular on the Southern side, are arguably somewhat
different than many of their fellow Republicans in Northern Ireland. While there are
pockets of traditional Republican support in the border areas, many of the ex-prisoners
46
Ralaheen (2005) All Over the Place: People Displaced to and From the Southern Border Counties as a
Result of the Conflict. Dublin: Ralahee; B. Harvey, A. Kelly, S. McGearty and S. Murray (2005) The
Emerald Curtain: The Social Impact of the Irish Border. Triskele Community Training and Development.
Carrickmacross.
47
Ibid.
24
interviewed for this research would point to differential levels of community solidarity
and respect from immediate communities when comparing for example West Belfast or
Derry to the southern border areas. Numbers are smaller and spread out through towns
such as Dundalk, Monaghan, Ballinamore, Sligo, Donegal, Lifford and related rural
areas.48 Although Sinn Fein is a growing political force in the Republic, historically
support for physical force Republicanism was comparatively small. Consequently, such
Republicans were often viewed with suspicion as a ‘subversive minority’, certainly by the
police and other
elements of the state, rival political parties and other powerful
institutional and social networks in the small towns and rural communities in which they
lived.49 In many instances this sense of a beleaguered minority (still palpable amongst
some of the ex-prisoners we interviewed) was reinforced by the constant harassment by
the security forces, difficulties in accessing mainstream statutory support and occasional
social and political exclusion in the civic and political life of the community.50 In
addition, some ex-prisoners did not originate from the border communities and therefore
shared some of the isolating features identified elsewhere with other ‘displaced’
persons.51 While there is evidence of a partial ‘unfreezing’ of some these attitudes and
practices in the period since the Good Friday Agreement, they offer an important
backdrop to the challenges faced by these projects in their efforts to make a distinct
contribution to the process of peacemaking.52
As noted, the common formulation of the target group was “ex-prisoners, ex-combatants,
displaced persons and their families.” The inclusion of ex-combatants in this context
refers to those who were linked in some way to paramilitary activity but who were not
imprisoned. “Displaced persons,” in this context, is a concept specific to the southern side
of the Border region. It refers to those who felt it necessary to escape from Northern
48
Harvey et al (2005:68) estimate that about 3,500 Republican prisoners originated from the Republic and
that up to 2,000 may be still resident in the border counties.
49
R. White (1993) Provisional Irish Republicanism: An Oral and Interpretive History. Westport CT:
Greenwood Press esp Ch.5.
50
A. Mulcahy (2002) Mulcahy, Aogán. 2002. ‘The Impact of the Northern “Troubles” on Criminal Justice
in the Irish Republic.’ in Paul O’Mahony, (ed) Criminal Justice in Ireland. Dublin: Institute of Public
Administration, 2002.
51
Ralaheen (2005) op cit.
52
See Muldoon, O. and J. Todd Intergenerational Transmission and Ethno-National Identity in the Border
Area for the impact of the Agreement on group identity.
25
Ireland because of sectarian intimidation, the general level of violence or the attention of
the security forces.
There are overlaps between these categories of “customer” and it is not possible to
quantify exactly the numbers and proportions though the estimate given above from “The
Emerald Curtain” seems reasonable. There are, of course, no statistics on such categories
available from statutory sources and the projects tend to contact their core constituencies
by advertisement, word of mouth and the [social and?] political structures of
republicanism. Projects vary in size and the potential size of their target group. However,
it seems that the core constituency varies from a few hundred individuals to many
hundred ex-prisoners and ex-combatants, including immediate family members. One
project posited a potential market for its services of around 150 ex-prisoners and 300
displaced persons – it is not clear if that proportion would hold for all projects.
Finally, it is important to note that the element of the target group who have not actually
experienced imprisonment share a number of common features and experiences.
First, ex-combatants, while they may not have a criminal record and therefore are not
faced with the related formal processes of exclusion, may in practice be subject to many
of the informal exclusionary social pressures faced by ex-prisoners, particularly if their
role during the conflict is widely known at the local level. Even for those whose
involvement is less ‘known’ in such settings, a number of projects intimated that the
continued management of this ‘past’ can be quite delicate for some ex-combatants. Quite
apart from longstanding legal considerations and the risk of prosecution, the fact that (as
is discussed below) a number of the projects are exploring ways of addressing the past,
acknowledgement of past hurts and other methods of truth recovery places such
individuals in a particularly invidious position.
A second point of note is that displaced persons may feel a particular dislocation during
the peace process. On the one hand, they have had to make a new life in the Border
region – and many have been there for 30 years or more. On the other hand, unlike in
26
many other conflicts, where the ‘right of return’ has been a prominent theme in
peacemaking efforts,53 in Northern Ireland there have been no proposals, much less
practical schemes, for measures that would enable them to return to their original home
areas. Again, this is a particular experience which the projects must manage.
b)
Description of the projects
This report covers seven ex-prisoner projects based in the Border Region and two support
projects based in Belfast. The following is a brief description of each of the projects:
Abhaile Aris is based in Letterkenny. It is affiliated to Coiste na n-Iarchimi and it works
with Republican ex-prisoners, ex-combatants, displaced persons and their families. It has
provided a range of services, especially training in a number of areas, for example
computer technology and driving. It is a participant in the New Endeavours Fund which
is a joint project set up by Abhaile Arís, Cairde Strabane and Tar Abhaile to help exprisoners gain access to small loans for their businesses. The group also provides
counselling and cultural programmes.
Expac is an association of politically unaligned ex-prisoners, though mainly from a
Republican background, based in Monaghan. It delivers a range of services and has
commissioned research into the effects of long term imprisonment on the partners and
children of prisoners. It has a formal relationship with the Independent Workers Union
and acts as its Northern Regional Office. Expac is active in cross-community work, and
maintains long standing relationships with Loyalist-led projects. It also produced a
quarterly journal, “The Other View” in partnership with a Loyalist organisation.
Failte Abhaile is based in Dundalk and was established in 1997. It is affiliated to Coiste
na n-Iarchimi and it works with Republican ex-prisoners, ex-combatants, displaced
persons and their families. At its height it employed 9 people and ran a drop-in centre,
53
See eg. C. Phuong (2000) “Freely to Return: Reversing Ethnic Cleansing in Bosnia-Herzegovina.”
Journal Of Refugee Studies, 13, 2, 165-183; NH Aruri (2001) Palestinian Refugees: The Right of Return.
London: Pluto Press.
27
training and education, counselling, information advice and support, advocacy and a
youth project. It has been trying to develop a new multi-purpose community centre which
had been agreed by its members and local community organisations but funding has been
refused and the project is unlikely to go ahead.
Failte Chluain Eois is based in Clones. It provides a range of services including
employability courses and support for those wishing to start their own business. It is
affiliated to Coiste na n-Iarchimi and it works with Republican ex-prisoners, excombatants, displaced persons and their families. The group renovated an old RIC
barracks as their office and a drop-in centre. The centre is used by both their target groups
and the wider community.
La Nua is based in Ballinamore, Co Leitrim and covers all the county, West Cavan and a
bit of Roscommon. The group came into existence in 2000 and was funded from 2002 –
first a development grant and then a main grant from ADM/CPA. It is affiliated to Coiste
na n-Iarchimi and it works with Republican ex-prisoners, ex-combatants, displaced
persons and their families. Their basic approach is an employability enhancement
programme and they commission and fund courses which mainly take place in their
premises. They have also run an Eco-Housing Project.
Tus Nua Sligeach is based in Sligo and was established in 2003 and received funding
from the beginning of 2004. Its office was established in February 2004. It is affiliated to
Coiste na n-Iarchimi and it works with Republican ex-prisoners, ex-combatants,
displaced persons and their families. It provides a range of services, partly by accessing
and customising services available in the community and partly by running courses and
giving technical support. It has engaged in reconciliation work and work with the local
community movement.
Teach na Failte is based in Strabane and works with ex-prisoners associated with the
Irish National Liberation Army or the Irish Republican Socialist Party. It was funded
under Peace II. However, in October 2005 its offices were raided by the Police Service of
28
Northern Ireland and all computers and paperwork were impounded. The homes of a
number of leading members were also raided. The computers and paperwork were
eventually returned and no charges resulted. However, the resulting confusion meant that
the group were unable to access Peace II Extension funding. The project continues to be
reliant on core, “holding” funding from Atlantic Philanthropies, administered by CFNI.
Coiste na n-Iarchimi is the central co-ordinating organisation for Republican exprisoner projects. It is based in Belfast but provides support to five of the projects
operating in the Border Region.
The Educational Trust is a project run by a cross-border group of trustees (bringing
together representatives of ex-prisoners along with voluntary and statutory agencies) with
technical support provided by the Northern Ireland Association for the Care and
Resettlement of Offenders and PACE. The core of the Trust’s work is to act as a funder
of last resort, offering grants to individual ex-prisoners or their family members to enable
them to take accredited educational courses. The Trust’s other main role is to address
policy and practice gaps and barriers for ex-prisoners or their families wishing to access
further training or education toward training on both sides of the border.
c) Management and organisation of the projects
Understanding reintegration, or the removal of barriers to full social participation, as a
two-way process, involving change by both ex-prisoners and society as a whole, has
implications for the organisation of projects designed to assist the process. If the process
of reintegration had been seen in narrow, one-sided terms – merely a matter of reeducating ex-prisoners and preparing them for work – it would have been more efficient
to give the job to an experienced statutory agency. If, however, these projects are seen as
mechanisms to promote a two-way process, that structure is impossible. It would imply
that only prisoners had to change and also that they should accept the existing, unchanged
state and society.
29
At an early stage it was recognised that support services for ex-prisoners should be
provided or organised by ex-prisoner organisations themselves. All the different political
factions had some kind of organising centre for ex-prisoners, and it was through projects
proposed by these groupings that services would be delivered. The principles of
autonomy and self-help are therefore central to the reintegration process and, of course,
could only be implemented in an open and public way because of the opportunities
provided by peace.
In examining the projects in the Border Region, it is apparent that ex-prisoners are and
have been in the lead of the development of the projects. All the Border projects studied
were started by groups of ex-prisoners. However, as we have noted, all the projects
studied saw their “target group” as broader than ex-prisoners, including “ex-prisoners, excombatants, displaced persons and their families.” In practice there is no rigid distinction
between the categories and it is our impression that most of the committees of
management, most of the staff and most of the volunteers are activists from within this
core constituency.
It also appears that there is significant engagement on policy and direction between the
managements and members of the core constituency. All are registered as charitable
companies and have AGMs. It is also clear that users feel they have opportunities to
influence the organisations, both informally and through general meetings and internal
consultation on future direction.
It is worth noting a particular feature of the Educational Trust. This is part of a voluntary
organisation, NIACRO, based in the North. However, it has representatives of politically
motivated prisoners on its Board and operates on a cross-border basis. It also has
representatives of statutory organisations involved with it. This is a model of work which
allows both full participation by ex-prisoner projects, credibility amongst the user group
precisely because of the presence of ex-prisoners on the Board, as well as conduits to
30
statutory services and resourcing. It is a particular example of co-operation between
sectors which may have a broader application in the future.
The development of networks of prisoner projects is an opportunity that has arisen as part
of the peace process. Most of the Border region projects are affiliated to Coiste na nIarchimi, the umbrella group for those republican ex-prisoners associated with the politics
of Sinn Fein.54 This offers co-ordination on policy matters and in advocacy, technical
support and some availability of central services. Expac is an association of politically
unaligned ex-prisoners, though mainly from a republican background. It is a member of
the Ex-Combatants Organisation (ECO) and a founding member of the Network of ExPrisoner Voluntary Associations (NEVA) which includes those working with nonpolitical ex-prisoners and is based in the Republic.
3. Service delivery – meeting the needs of ex-prisoners
a)
Vocationally orientated training in a “safe place”
All of the border region projects reviewed offered some form of vocationally oriented
training. Typically, these emerged out of systematic needs surveys as well as less formal
discussions with members of the target population. Individual projects also engaged in
some strategic assessments of the area employers to determine what skills were most
needed in the local areas. In some cases, the projects were offering training opportunities
not offered anywhere else in the vicinity of the projects, hence filling discernable gaps in
training provision for the area that attracted interest among a wider population than the
target group involved. In other instances, however, the training provided was identical or
at least similar to training provision offered by other area education providers. The
difference, for members of the projects, was that the ex-prisoner focus made the projects
54
As is discussed below, it should be noted that ex-prisoners interviewed for this research (in particular
those affiliated with Coiste) were keen to stress the contested nature of the political space of these projects,
that they do not ‘slavishly’ follow a Sinn Fein line and indeed that on significant issues, including outreach
to traditional political opponents, they had been much more ‘risk taking’ than elements of the Sinn Fein
political party.
31
more approachable – a “safe space” or “a place you could go and not feel ashamed”
according to several target members. One project co-ordinator explained:
Other groups offer training no different than our own. These courses have always
been available, yet the reality is that they weren’t being accessed by former
prisoners. This sort of work is not as simple as saying ‘there’s the training, go and
use it’. We have an interest in our target group whereas other organisations don’t.
[Others] claim to make ex-prisoners one of their target populations [on a list of 10
or more]. Yet, when you talk to them, no actual ex-prisoners are receiving any help.
Our specialist focus is only on ex-prisoners and their families. They know us, and
are willing to work with us.
The projects specifically target those individuals who would likely not approach public
agencies because of their backgrounds. As noted above, target members have faced a
long history of discrimination against them from statutory agencies, and are wary of
asking for help from most, such organisations. One local educator interviewed as part of
the community stakeholder survey emphasised the sensitivities in working in this area.
Describing his own experiences in working with ex-prisoner students he stated:
Most of them are quite bright, so it is easy to appear condescending. I have to say,
to different people in [our] institution – they would have certain views on exprisoners – we need to break down prejudice. With the help of [the Project] we
were able to persuade [an ex-prisoner student] to go on to a Masters course – one
of the best students we’ve had – very focused, even got a distinction on his Masters.
To overcome the understandable hesitations among the target population, project coordinators have utilised extensive outreach work (e.g., holding information and advice
days in small communities, knocking on doors, and utilising friendship networks) to open
doors to socially and often geographically isolated target members, identifying their
needs, and providing appropriate assistance. One project co-ordinator explained:
32
This is a whole different relationship than with a statutory agency. It is this
personal touch that matters.
The success of these educational and training opportunities was widely touted in
interviews with target clients and community stakeholders. One community development
worker interviewed as part of our stakeholder survey summarised this contribution
concisely:
The project has facilitated training to help compensate for years of education and
training that may not have been possible due to conditions that arose out of the
troubles such as being on the run or in prison or being damaged emotionally or
mentally by the troubles.
Among the many success stories is a target member, interviewed as part of this research,
who is now pursuing a MA degree in History at the University of Ulster - Magee. He said
prior to coming to the group, he had “never used a computer before”. At [the project], he
took classes in computing and journalism. Both were extremely useful in completing his
undergraduate degree, writing essays, and so forth, he said.
Several interviewed community stakeholders emphasised the confidence building aspects
of the projects to be crucial in “creating community leadership for elsewhere” and “to
become involved in broader networks and community based initiatives”. One said that
individuals who first develop their leadership skills in the ex-prisoner projects have gone
on to transfer those organisational skills into leadership roles in youth clubs, women’s
groups, GAA, and other community organisations thus creating something of a ‘ripple
effect’ in certain sectors. Another stakeholder interviewed from a community education
centre stated:
The target group have used the [project] office for a varied range of needs and I
have found that they have gained confidence as a group. I feel that originally the
group felt that the government and state bodies were not there to be of assistance to
33
them and viewed these bodies with suspicion, so they kept their heads low, did not
look for their entitlements and just got on with their lives as best they could. When
[project] came into existence they felt comfortable in seeking help from the staff
there who were able to intercede with the different government departments and
state bodies on their behalf.
In addition to vocational training opportunities, the projects also assisted target members
with the start-up and financing of small businesses and self-employment. Projects also
helped target members gain access to external educational and training opportunities
often working with the Educational Trust in this regard. NIACRO’s Educational Trust
operates throughout the island of Ireland in support of ex-prisoners, ex-offenders and
their immediate relatives who are seeking to access education and/or training and for
whom no other sources of funding are available.
We act as careers advice guidance counsellors too. Ex-prisoners hate bureaucracy,
so we help to guide them through the bureaucratic processes. There is a perception
that mainstream funding is blocked for those with a criminal record. 50 percent of
the time we can find mainstream funding however.
Project co-ordinators and members suggested that the vocational training serves
numerous purposes at once. Most important, of course, target members develop skills that
have measurably improved their rates of employment in most areas. Additionally, some
vocational opportunities have been designed specifically to coincide with efforts to
regenerate the border area economy or environment (e.g., the “Eco-Housing Project” that
emerged out of target members’ interests). Finally, the training also serves an important
personal function in enhancing self-esteem, social awareness and personal confidence
that can have an indirect impact on employability (see below).
34
b)
Personal needs and development – peer counselling
As was discussed above, in recent years, there has been a growing realisation of the posttraumatic impact of “the Troubles”, in particular upon ex-combatants and their families.55
The projects reviewed for this research were acutely aware of and sensitive to these
issues. Accordingly, all of the projects provide access to counselling, listening services,
information and advice usually provided from trained individuals from the target
communities (i.e. ex-prisoners, ex-combatants and their families)56. One project coordinator stated:
There is a need for a trained counsellor who is one of our own who you can trust. If
you don’t trust them you won’t open up. If you have been involved in the struggle
you can’t open up. We are on delicate ground.
Much of this work is done on an outreach basis – in the homes of members where
confidentiality and privacy can be assured. Some projects provide these services “in
house”, whereas act in a referral capacity, drawing upon the expertise of other ex-prisoner
projects.
The projects successes in this area were largely supported in interviews with target group
members and community stakeholders. One said, for instance:
[The projects] offered a point of reference for ex-prisoners and their families in
terms of practical and moral support, offering an important means of social
inclusion for previously marginalised individuals.
Some of this assistance is provided on an emergency or drop-in basis. However, the
projects emphasised that for most target members, the necessary counselling required a
55
Muldoon, O. et al, The Legacy of the Troubles: Experience of the Troubles, Mental Health and Social
Attitudes (Border Action) details the levels of post-traumatic stress disorder and other mental health issues
in the population of the Border Region.
56
Although in the cases of more serious mental health issues, programmes refer ex-prisoners on to
psychiatric treatment through GPs.
35
long-term commitment. In many cases, target members have suffered emotional trauma
in relative silence and isolation for decades, and have only just begun to open up and
explore these issues with the encouragement of project staff. Ending these relationships
prematurely could be distinctly dangerous for such individuals. One project co-ordinator
captured the urgency of this issue particularly well:
We have a huge responsibility to each other. We have encouraged people to open
up stuff that they were happy to keep closed. We encouraged people to start the
process of counselling. … To pull that, stop that, withdraw that service would be
immoral. This is completely different than a computer course or a training course.
Anyone that thinks we can open up these wounds in the counselling process, just to
pull the rug out from under them now, doesn’t understand half of what these people
are going through.
In interviews, project members repeatedly emphasised how sensitive these issues were
and the importance of having a specialist ex-prisoner-led provider to work with in the
counselling.
We would not have confidence in a counsellor from outside. We would not trust
them.
The referral of such individuals to non-specialist counselling services where they would
encounter counsellors who are not known or deemed to be empathetic with target
members’ experiences is a highly problematic potentiality.
Despite the centrality of counselling and advice services for many of the projects,
interviewed, target members emphasised that not all therapy takes place “on the couch”.
That is, many of the activities organised by the projects contain a perceived “therapeutic”
function for target members. For instance, field trips to the Long Kesh/Maze site, the
production of life history videos and recordings, cross-community reconciliation work,
and most forms of education and training were all said to be valuable in the process of
36
overcoming the psychosocial legacy of conflict and trauma. Project members describe
incremental increases in self-esteem, confidence, assertiveness, inner peace, selfawareness, and other intangible aspects of psycho-emotional health that are notoriously
difficult to measure. In particular, many of the educational offerings of the projects might
be considered less vocational than self-improvement oriented or liberal arts “education
for education’s sake”. Although not a priority of external funders, such learning
opportunities were highly valued and frequently praised by target members.
c)
Social networking and symbolic capital
Finally, the projects provide a crucial space for community engagement, social support,
and networking for target members who would otherwise risk becoming socially
excluded and isolated. Most of the projects house “drop-in” areas open to both target
members as well as other community residents to meet and maintain important
relationships. These meeting rooms receive considerable traffic with up to 20 to 30
members per day meeting at some locations. Most of the users appear to be from local
area, but others call in while they are in the town from further field. Support services at
many facilities are available in the evenings for those who work or have familial
obligations during the day.
The subjective value of such a “safe space” for target members is clear in the evaluation
research on each of the projects:
I come here at least once per week. Having a central place means you don’t have
the same sense of isolation. I think we are gradually being accepted by the
community and having the centre is part of that; absolutely, there is no doubt about
that. I also did a course on running effective meetings.
I come here every time I’m in [town]. It is very reassuring to know it is here
because you can feel very isolated.
37
We were on the margins of society for years; here you can compare notes and get
help.
In addition, target members describe the substantial symbolic value involved in the
project headquarters being based at central locations in the border towns – in particular in
areas where Republicans have felt themselves part of an ostracised or ‘invisible’
minority. This symbolic capital57 is accrued simply in the act of achieving a ‘place’ in the
local civic life of a small town or community. Just having such a visible symbol of the
organisation’s existence – whether or not one actually uses the drop-in space personally –
appears to be a matter of considerable pride for target members. As target member stated
in a focus group:
[This city] is the major city in [the county] and to have this building on Main Street
in [this city] is just so important.
This idea of symbolic capital might be the most obvious with the Failte Chluain Eois
building. Target members themselves, trained in construction work, took part in
renovating an abandoned RIC barracks in the heart of Clones (this work was not funded
by the Peace Programme). The spacious, impressive and increasingly valuable building
now clearly serves an important symbolic as well as practical function. Group members
themselves designed the different function rooms and rightly take pride of ownership of
the building, and correspondingly of the Failte Chluain Eois project itself. The building is
now used not only by target group members, but also by members of the wider Clones
community. In particular, Failte Chluain Eois provides pre-school and after-school
services to a total of 35 children (with a waiting list nearly double that number) in the
only community operated childcare facility in Clones In common with other locations,
ex-prisoners involved with this project stressed repeatedly the contribution that the
programme made to the local community beyond the immediate target group. The sense
of symbolic capital or status appeared to be reflected both by the physical presence of a
57
P. Bourdieu (2002) Outline of a Theory of Practice Cambridge ; Cambridge University Press, esp ch 4.
38
building which points to the existence of ex-prisoners in the community but also by the
quality and social utility of the work for that community.
4. The projects and post-conflict transition
a)
Working in the broader community
The peace process in Ireland did not require participants to relinquish their political
aspirations nor their national allegiances. On the contrary, it amounted to a developing
accommodation based on the right to pursue the associated political goals and also the
commitment that the way lay open to achieve them by peaceful means. Ex-prisoners and
other ex-combatants – who had previously supported violent means to achieve these
goals – would have to be facilitated in accessing peaceful means of political activism. Of
course, the primary channel for political activism is the political party but it was
recognised early on in the process that another was community activism.
The idea that community activism is an important part of ex-prisoner reintegration is
accepted across the board. In other words, developing channels for peaceful social and
political activism helps develop a shared vision of an interdependent and fair society.
All the projects are more or less active in the broader community. There are two main
aspects to this work – engagement with socially excluded groups and becoming part of
the network of community organisations in their areas.
All the projects operating in the Border region appear to take on a particular
responsibility for working with socially excluded groups and individuals. All, for
example, mentioned working with asylum seekers, migrant workers and others from
ethnic minority communities. Ex Pac has a formal agreement with the Independent
Workers Union and uses its materials to give advice and support to migrant workers.
Another, smaller project works with an asylum seekers’ hostel “up the street” and offers
advice and support to those using it.
39
Abhaile Arís has worked with a Travellers’ Group operating in the same area. They have
also attempted to work with asylum seekers and refugees to introduce them to local
schools.In addition, this group has formed close links with a local Women’s Network and
participated in a public campaign against domestic violence. Abhaile Aris also sought and
received specific funding to organise a seminar on Racism, Sectarianism and Intolerance.
This attracted a large participation from ethnic minority groups, travellers, members of
the unionist community and anti-prejudice organisations. The seminar was organised by
the children of ex-prisoners, most in their late teens:
The children of ex-prisoners (more than the ex-prisoners themselves) recognised the
similarities between their own situations and those of Travellers, asylum seekers,
and ethnic minorities.
Failte Abhaile has made contact with a Roma support group, an African Women’s group
and a Lithuanian project. Several groups have translated advice materials into other
languages and one has provided a translator for the courts. Lá Nua developed an
innovative “eco-housing” project which, while skewed towards its own client group, also
benefited other marginalised people.
Only one of the projects, Expac, is prepared to work with ordinary ex-prisoners. It
believes that the experience of political ex-prisoners is transferable to assist those who
might be subject to the criminal justice system. This project is a member of NEVA –
Network of Ex-Prisoner Voluntary Associations (NEVA) which includes those working
with non-political ex-prisoners and is based in the Republic, and has also been involved
in youth crime-prevention work. A community youth worker interviewed as part of the
stakeholder survey described the contribution of this project to his own youth diversion
programme’s efforts as being profound:
We’re trying to keep kids out of prison, and have had some assistance from [the
project]. Their experience in prison has been useful. They have spoken to young
40
people – in groups and also individuals when asked – about the experience of being
in prison.
This work was seen as widely positive by community stakeholders interviewed. One
stated:
While in the past I feel that they may have exaggerated the differences between the
issues faced by the prisoners they represent and the concerns of other ex-prisoners,
I think that more recently there has been an openness to the reality that there is
much in common across prisoner groups, especially in terms of readjustment and
rebuilding family relationships. This is a sign of an organisation that is confident of
its position but flexible enough to adapt.
As noted above, this “republican community” clearly feels isolated and has, according to
its own account, suffered discrimination and exclusion in the past. In spite of continuing
problems, they also feel vindicated by the peace process and are willing and able to
contribute to the broader community. They appear to share a common feeling that the
natural starting point for community activity is to help other groups that appear to be
marginalised or excluded. A number of interviewees also stressed such community work
with marginalised groupings as the ‘natural’ or ‘practical’ outworking of their Republican
politics and ideology. There is certainly a high level of activism in this field. As one
community stakeholder said:
They work with travellers. Think they work with migrant workers also. They are
quite proactive in combating racism in the area.
All the projects had also made efforts to become part of local networks of community
organisations (including Special Olympics, Regeneration Partnerships, County Boards,
Community Development Projects, Community Forums and Enterprise Centres). On
41
group had become part of the social inclusion committee of a local community network.
Another had deliberately broadened their management committee to involve other
groups. They had also helped a residents’ group to get a grant and assisted with fund
raising for a local development group though, interestingly, they said they “couldn’t be
public about it.” Another project had formed links with a local drug awareness project
and had done joint work in raising the consciousness of school children about the abuse
of alcohol, solvents and illicit drugs.
In sum, many of the projects are beginning to be seen as “a major force in the town on
social affairs.” With numerous project members sitting on committees and playing
leadership roles in community organisations, one project summed up its progress in this
area in the following way:
Local people now accept the project as partners in local development; negative
perceptions of the group are changing … people from a range of backgrounds are
using the services especially the childcare – our participation in other structures at
local and county level is accepted and welcomed. 58
This perception was widely supported and confirmed in interviews with community
stakeholders. One community worker interviewed stated:
The project is generally regarded highly by the wider statutory, voluntary and
community sectors and is challenging those who are suspicious of all things
Republican, by delivering a good community service.
One stakeholder from the employment/training sector remarked:
Some people would have antagonism because of who they are – but as someone
who is neutral, they would be one of the most professional groups we deal with, and
we deal with a lot of community groups.
58
McGearty (2004) op cit.
42
One interviewee described a project’s engagement in the following way:
The project is regarded fairly well in the community movement. They are
representing a particular grouping who have had a very specific experience and
they are able to bring their experience to broader groupings such as partnerships
and the Development Board. They have become very involved in the community
movement and are seen as part of the general upsurge in the community movement.
They have put themselves out there in a very positive way.
Another stakeholder commented:
At first I think it was viewed with suspicion as being something for Republicans
only but because of much work by the staff to build relations with the wider
community and address their everyday needs this view changed very quickly.
One interviewee drew attention to the altruistic outlook of one project:
They come across as not being self-centred – they don’t come across as having their
own agenda. They are very helpful and not out for themselves. Other community
groups try to steer things their own way – this project would never do that and
would be very inclusive of everybody.
Notwithstanding this general picture of involvement in the community, there was some
evidence of difficulty and resistance. One project commented that it was easier in places
like Belfast for ex-prisoners to get involved in community activism because they were
already integrated in their local communities. In the Border region, it was argued, there
was political resistance to the involvement of ex-prisoners in community networks.
Another project supported this view, saying that, in the North, ex-prisoners had a history
of community activism while in the South there were more barriers. Additionally, one
43
community stakeholder pointed out that “There is a danger that longer-term community
development groups see it as a ‘muscling in’ and a threat”.
There is a remarkable similarity in the reasons projects give for this particular
concentration on excluded groups; the following examples give the flavour.
On the Runs know a lot about being refugees…it occurred to us that we could be
ambassadors for asylum seekers and others.
It was felt that ex-prisoners and asylum seekers could explore common themes of
displacement, exclusion and discrimination.
We can draw on the wider republican experience of the peace process to promote
better relations between travellers and the settled community.
Our experience of discrimination makes us more able to reach out to other
marginalised groups.
Overall, there seem to be two main motives for the ex-prisoner projects to get involved in
the broader community network. One is the search for acceptance and the breaking down
of barriers between them and the rest of civil society. Another motive is, again, the desire
to be seen as activists working for social justice rather than the recipients of help and
support. Both of these demonstrate the desire to contribute to a shared future.
There is another factor, however, the projects claim, which is the tradition and reputation
of republicans as campaigners and fighters.
We come from a campaigning background, so we bring a lot of experience in this
regard.
44
People come to us thinking that we are going to do everything in our power for
them – to push and fight for the issue.
Another project attributed their significance in the community movement to the role of
experienced republican activists:
This is leadership coming through, but it wouldn’t be the experience of the majority
of our target group.
Clearly, then, the projects act as a focus for community activism for their constituency,
especially in respect of marginalised groups. Although they still claim to experience
political resistance, most of the projects have become familiar and respected players in
their local community movements. There seems to be little doubt that the projects
therefore provide a channel for peaceful political activism but also contribute to raising
the morale of their client group and their acceptance in the wider community.
b)
Removing barriers to participation in society
The process of removing the barriers to full participation in society is the major social,
economic and political change that these projects are working towards. Certainly exprisoner projects have been successful at getting these issues onto the political agenda at
the national level in both jurisdictions, although tangible success in the form of legislative
change remains elusive.
In Northern Ireland, ex-prisoner groups have worked hard to ensure that other main
players in the human rights and equality arena take cognizance of the issues relating to
their constituency. The Northern Ireland Human Rights Commission (established under
the Belfast Agreement) has as one of its tasks the production of a Bill of Rights for
Northern Ireland. The Commission established a number of specialist working parties to
focus on particular themes within the Bill of Rights and members of Loyalist and
45
Republican ex-prisoners were included in a number of the working parties. After
considerable lobbying by these and other groupings, the Draft Bill of Rights contains a
non-discrimination clause which stipulates that ‘Everyone has the right to be protected
against any direct or indirect discrimination whatsoever on any ground (or combination
of grounds) such as race or ethnic origin, nationality, colour, gender, marital or family
status, residence, language, religion or belief, political or other opinion, possession of a
criminal conviction…’59 The Draft Bill of Rights also contains a clause which stipulates,
‘The State shall take effective measures to ensure that favourable conditions are created
for the reintegration of ex-prisoners into society’.60 Politically motivated ex-prisoner
groupings were unsuccessful in their efforts to have the Draft Bill of Rights distinguish
between political and ordinary offenders on the grounds of motivation.
Such groupings have also attempted to mainstream their issues on the equality agenda.
Following the Good Friday Agreement the government brought together all of the
different equality agencies in Northern Ireland (on race, gender, disability and religious
discrimination) into one Equality Commission. One of the tasks of the currently
suspended Stormont Executive was, through the Office of the First Minister and Deputy
First Minister, to take forward a consultation process leading to a Single Equality Act
which would consolidate all of the various elements of Equality Law into one piece of
legislation. Again, ex-prisoners groups were vociferous in attending and organizing
conferences, making submissions and encouraging others to do likewise to seek to ensure
that ex-prisoners would be protected in any such legislation. In 2002 the Equality
Commission for Northern Ireland recommended that legislation be introduced ‘...to
outlaw discrimination against those who have past convictions, with proper safeguards in
place through necessary exemptions from dangerous individuals’.61 The Equality
Commission also recommended that separate consideration needed to be given to
59
Northern Ireland Human Rights Commission, A Draft Bill of Rights for Northern Ireland (Belfast:
NIHRC 2001) Article 4. However, the draft Bill of Rights also contains an exception wherein
discrimination on the grounds of a criminal conviction may be adjudged legitimate if the characteristic used
to discriminate is ‘…a genuine and determining requirement’.
60
Article 15, ibid.
61
Equality Commission for Northern Ireland, (Position Paper: Update on the Single Equality Act (Belfast:
Equality Commission 2002) Par 3.8.5. The exemptions envisaged included certain violent offences and
sexual crimes including abuse.
46
including in the legislation those who considered their offences to have been based on
political grounds and that the legislation should consider a formulation wherein
discrimination could not occur on the basis of ‘irrelevant criminal convictions’.62 As
Mike Ritchie, Director of the Republican Umbrella group Coiste na N-Iarchimi pointed
out soon after this document was released, these interventions from the Equality
Commission represented a significant advancement for the rights of ex-political
prisoners. The suggest the possibility of alternative legislative provisions for dealing with
political and ordinary offenders and the potential to argue that political offences might be
considered as irrelevant criminal convictions.63 While a specially created task force
continues it deliberations on these issues in Northern Ireland, the recent urging by a Fair
Employment Tribunal suggestion that new legislation should be introduced to afford
greater protection to politically motivated ex-prisoners may add significant impetus to the
debate in the North.
In the Republic, ex-prisoner groups have also been engaged in sustained efforts to
mainstream rights protections for their target group. Unusually in Europe, there is no
process in the Republic for the expungement of criminal records.64 In 2002 the National
Economic and Social Forum proposed that criminal records be expunged after a period of
time, bar exceptional cases.65 That report, which was primarily aimed at the reintegration
of ‘ordinary’ ex-prisoners, also suggested that specific reference should be made to the
category of ‘prisoners and offenders’ in all equality and social inclusion programmes, and
to amend the Employment Equality Act 1998 to include protection against discrimination
on the basis of a criminal record. This was a recommendation echoed by the Equality
Authority in the Republic. In November 2004, assessing progress on their
recommendations, the NESF commended a number of areas of progress including the
62
Ibid., Para 3.8.8.1 and Para 3.8.7
Mike Ritchie, ‘Equality Commission Now Opposes Ex-Prisoner Discrimination’, Coiste.com 4/4
(October/November 2002) p.3.
64
See I. O’Donnell (2005) “Crime and Justice in the Republic of Ireland.” European Journal of
Criminology, 2,1 99-131. Criminal Records may become spent in Northern Ireland after a period of time
has elapsed under the Rehabilitation of Offenders legislation. However the relatively short periods of
custody beyond which criminal records can currently never become spent mean that the legislation is
irrelevant for the vast majority of politically motivated former prisoners (See NIACRO 2005 op cit for
further discussion).
65
National Economic and Social Forum (2002). Reintegration of Prisoners. Dublin:NESF para. 6.25.
63
47
establishment of the Co-ordination Group on Offender Reintegration, the inclusion of exprisoners in social inclusion strategies (particularly the Republic’s National Action Plan
Against Poverty and Social Exclusion) and the requirement by Local Authorities to
review the needs of ex-prisoners in housing. However they also indicated concerns at the
slow pace of reform, suggesting that what had taken two years could have been achieved
in six months (NESF 2004). Despite significant lobbying by different ex-prisoner
groupings, to date no new legislation has been introduce to outlaw discrimination on the
basis of a criminal record.66 That said, the different projects have contributed
substantially to raising the profile of this particular issue. As one stakeholder suggested
with regard to one of the groupings:
I think that Coiste has been very effective in terms of contributing to agenda-setting
around a number of prisoner issues such as highlighting the need to amend the
employment equality legislation to prohibit discrimination on the ground of prior
convictions. Its spokespersons are committed, articulate and very well informed. It
remains to be seen whether these initiatives will meet with success in terms of
legislative change but the campaign has been well thought through and if it works
there will be a diffusion of benefits to prisoners who were not politically motivated.
Having attended a number of conferences that Coiste was involved in organising
and where its members participated, I was struck by the seriousness of their
engagement and their singularity of purpose. Coiste has been effective in terms of
organising republicans the length and breadth of the country and creating networks
between these local groups. One indication of the success of the organisation is its
ability to attract funding and to develop imaginative projects.
As noted above, in the more localised settings in particular, the public existence of these
projects has provided a symbolic statement of the rights of ex-prisoners, ex-combatants,
displaced people and their families to full participation in economic, political and social
66
See eg. Expac (Autumn 2004) “Changing the Mindset ; Inclusion of Ex-prisoners in the Labour Market.”
Monaghan : Expac News ; M. Ritchie (2003) ”Ex-prisoners : The Policy Context” in B. Mitchell (ed) Exprisoners and Conflict Transformation ; Confllict Transformation Papers Vol. 4 Belfast ; Linc.
48
life. This has been particularly important in the Border Region where this group of people
has tended to be isolated from mainstream society and subject, in their eyes, to
discrimination. This symbolic function is important and the need for it will remain for the
foreseeable future.
The views of stakeholders in the communities where the projects work demonstrate the
extent of progress that has been made:
The project has allowed people to go from being outcasts to being included. They
would have been seen as an outcast group – people wouldn’t have wanted to be
associated with them in any way. That was also my own personal position. Now
there is a much more open acceptance that people have come through particular
experiences – they have changed but other things have changed. The whole climate
in society has changed.
Members of the project sit on many committees which is indicative of people
accepting them and enabling that transition which is their major goal. Their whole
remit seems to be that they have made the transition from a marginalised group into
this mainstream voice in the voluntary and community sector. The project is not just
accepted as an ex-prisoner one but as a major voice in the community sector. We
have moved so far from suspicion of ex-prisoner groups – it is extremely important
that their voice be heard because there is still room for improvement in them getting
accepted. Ex-prisoners have to be part of any settlement of a conflict.
c)
Political transition and the Republican community
While the peace process does not require anyone to abandon their political aspirations it
does mean a process of fundamental cultural and attitudinal change for ex-combatants as
well as the institutions of the state and society. In fact, ex-prisoners were in the lead of
the peace process, on both republican and loyalist sides. It is arguable that the experience
49
of compromise and negotiation in the prisons from the mid-eighties onwards laid one
basis for the peace process.67 Virtually all of the negotiators representing paramilitaryaligned parties during the peace talks were ex-prisoners. The parties recognise exprisoners as the backbone of their political organisation not only because of their habits
of discipline, but also because of the respect many have in their constituencies. Exprisoners have nothing to prove to anyone and so may, if they so wish, take the lead in
cultural and attitudinal change within their broader political constituency.
There is considerable evidence from the projects operating in the Border region that they
take this responsibility seriously. It is apparent that there are two aspects to this, though
there is no clear dividing line between them. The first is an outward-looking approach
that seeks to interpret Republicanism in a progressive and inclusive way. The second is
more about providing mechanisms and forums for Republicans to discuss and evaluate
the demands of the evolving peace process.
An example of the former, which all projects, including Expac and Teach na Failte, have
participated in to some extent, is the Coiste na nIarchimi Nation Building Programme.
This seeks to promote dialogue between ex-prisoners and wider society and involves
seminars, cross-community discussions and debate with political opponents and is an
Ireland-wide initiative.
Another example is Expac which publishes an influential magazine in partnership with
loyalist elements promoting debate and discussion. In addition, many of the projects have
attended seminars and conferences on peace-building and cross-community dialogue,
including some on the specific role of ex-prisoners, organised by a variety of agencies.
The projects also see a specific role in developing the culture and politics of their
constituency within the broader mantle of republicanism. This process is partly reflective
and commemorative (see also Section i., above).
Fáilte Chluan Eois, for example,
developed an arts and drama programme which included a commemorative quilt designed
67
See eg. H. Sinnerton (2003) op cit and L. McKeown (2001) op cit
50
by the families of ex-prisoners which recorded their views and feelings about the conflict.
As noted above, this also involved the production of a play about the experience of prison
and commissioning a stained glass window to commemorate the hunger strikers.
Abhaile Arís engaged in the production of a video exploring the experiences of exprisoners, ex-combatants, displaced people and their families. Apparently, some people
were reluctant to take part but later found the process rewarding and therapeutic. “The
video was a great release; it was great to be able to open up,” one participant said.
Another added: “I did not want to be involved but I found it useful. It is also very useful
for the families, who did time as well visiting us [in prison].” It is envisaged that the final
video will focus on the experiences of eight people. The end product will be a resource
that can be used as an internal tool for discussion and counselling and as a means of
spreading understanding within the wider community of the issues facing the target
group.
The projects also insist that this role within their community is vital for the peace process.
One project summed it up like this:
The project certainly has a role as a centre of discussion and debate for the
movement – not everyone is in Sinn Fein! Participation in projects like this takes
away personal bias – taking someone out of isolation actually makes them more
broad-minded – it takes them away from tunnel vision. An organisation like this is
not under party discipline – the discussion can widen out into the broader
community. Without such projects the group could go back into isolation. ‘Soldiers
were left at the side of the road as the politicians went forward…’ Projects like this
make sure that doesn’t happen.
Several projects described the process as “keeping people on board” in terms of the
peace process. “Some are uneasy, sceptical or even oppose the peace process,” noted
one project. Another said:
51
One of our roles is to explain the peace process to our members from our
particular perspective. It would not be helpful if our community turned back in on
itself. Even if the funding ended, we would try to keep going.
It is impossible to quantify the impact of the projects in this work of “keeping people on
board” in this way. However, there is no reason to doubt their frank assessment of the
divisions and concerns within their constituency. In probing the idea a little further, many
respondents from the projects were keen to stress, however, that their role is in no sense
“disciplinary” or the exercise of ‘political control’. Rather, respondents characterised
these projects as providing space and safety for the occasional heated discussion and
debate which is an inevitable part of the transition from conflict. Indeed we would argue
that it is in this free flow of ideas, without the pressure and public stance of a formally
political organisation, that the projects make a distinctive contribution to the evolution of
the Republican constituency. If ‘keeping people on board’ is understood in such a fashion
- as a process of embedding the transition away from armed violence amongst former
prisoners and combatants – then this is potentially one of the most significant
contributions made by these projects. There is no reason to doubt the commitment of the
projects to the peace process and their advocacy for it. In these circumstances it is clear
that they are making a contribution to peace and reconciliation that no other form of
project could make.
This particular role is thrown into sharp relief by the particular experience of Teach na
Failte. This project, which works with ex-prisoners who would have been associated with
the Irish National Liberation Army, was raided by the PSNI in October 2005. Files and
computers were taken and the work of the project was severely disrupted. Those involved
with the project claim that this was an example of “political policing.” They argue that,
while they support the peace process, because they do not support the Good Friday
agreement, they have been targeted by the police.
That said, those involved with the project who were interviewed for this project
nonetheless maintain that their previous reconciliatory efforts (before the police raid)
52
significantly mollified the reaction amongst their target group. They contended that
whilst there was significant anger and disillusionment as a result of the police actions,
this was not as negative as it might otherwise have been. These ex-prisoners argued that
their previous good ground-work in winning support for the peace process amongst their
constituency acted as a bulwark against precipitous responses. Indeed they were
particularly complimentary about Glencree and the residential sessions they did there,
which had entailed engaging with Loyalists and other political elements. Teach na Failte
users had also been to South Africa and engaged both with activists from there and other
former prisoners from Northern Ireland. Their primary complaint was that, because of the
disruption caused by the raids, they were unable to access further funding to conduct
work in a similar vein.
By its nature, external stakeholders would not tend to know a great deal about this
internal debate. However, some did have a grasp of its significance. One said:
The project has also encouraged rational debate on the peace process which will
allow for people to discuss their beliefs but at the same time to progress with other
aspects of their lives.
Another significant area of attitude change within the Republican community, targeted by
the projects, has been the involvement of women in community leadership positions.
Numerous observers have suggested that Republican women have been dually
disadvantaged, first as Republicans, second as women in a patriarchal culture.68 Although
women have always played an invaluable role in the Republican struggle, the Republican
culture of 30 years ago has been described as male-dominated and patriarchal, reflecting
the wider treatment of women in society.69
68
Sales, R. (1997). Women Divided: Gender, Religion and Politics in Northern Ireland. London:
Routledge.
69
See Corcoran, M. (2006). op cit
53
The number of female prisoners compared to male was small – it is estimated that only
5% of Republican prisoners were female.70 We have no figures for the Border Region,
but if that percentage held then there would be only some 100 female ex-prisoners in this
area. Anecdotal evidence from the projects themselves suggests that even that figure
would be a considerable over-estimation. A similarly small proportion of ex-combatants
would be women. These facts mean that it would be unrealistic to suggest that the Border
Region projects would be able to practically address the particular problems of female exprisoners. There is also clearly a risk that the prison experience and the previous
involvement in male dominated paramilitary structures could contribute to ex-prisoner
projects which are male-dominated, both practically and culturally. However, there is the
reality that women make up at least half the other elements of the target group for these
projects – displaced persons and the families of all three categories.71
The projects made, in several cases, special efforts to address the exclusion of women
from community leadership roles as well as the exclusion of ex-prisoners. For the most
part, project staffs, steering committees and client groups have some representation of
women. As noted, the target population served by the groups explicitly included partners
or family members of ex-prisoners, and in many cases women make up the majority of
those receiving training or taking part in various activities with the projects. Sometimes,
this was due to concerted efforts on the part of the project. One project coordinator stated:
Two years ago [on seeing an imbalance in user profiles] we focused on bringing in
women into the project, using an affirmative approach working with key individuals
in the community.
From the interviews we conducted, there did not appear to be any obvious barriers to
women taking advantage of the services of the projects. One daughter of an ex-prisoner
said:
70
71
ibid.
Ralaheen (2005) op cit.
54
If it were not an ex-prisoner organisation I would not have approached it. It gave
me support, signposted me in the direction of resources, gave me access to
computers, and to a network of helpful people. I feel very at home – you can talk
freely about all difficult issues.
This person had used the support of the project to launch a major cultural organisation
involving a wide range of people.
In addition, a few groups had made partnerships with women’s groups in the area. For
instance, Abhaile Arís developed a working relationship with the Donegal Women’s
Network, due to an overlap in membership between the two groups. This partnership led
to the project participating in a public campaign against domestic violence and
culminated in the project’s coordinator being invited to serve on the management
committee of Donegal Domestic Violence Service. Fáilte Abhaile shared its premises
with an African Women’s Group among other local organisations. Organic links such as
these were also frequently noted by clients of the projects as promoting cultural change:
Some attitudes have changed. We have integrated more into the community, for
example, we are involved in women’s groups and one member was made
secretary of a women’s group. People are trying to be part of the local
community.
There is still a lot to be done. There are groups we are only beginning to tap into,
for example women’s groups are inviting us to things. We should be able to be
members of these community groups72
Finally, it is important to note, all of the groups demonstrated an appreciation for equal
opportunity norms for voluntary and community organisations. Most of the groups had a
designated equal opportunities officer on staff, a written equal opportunities policy, and a
procedure through which all staff members receive quarterly EO training.
72
McGill (2004). op cit
55
d)
Political transition and work with former opponents
A number of the ex-prisoners have explicitly set themselves a task of working not just
with those who may be sympathetic or at least neutral to their background but also those
with whom they have been previously actively opposed. In effect they see part of the task
of peace-building as reaching out to former political or indeed military opponents
including members of the security forces in the North, Loyalist and Orange Order
activists, other Republicans or Republican groupings with whom they may have
historically feuded, traditionally hostile political parties on both sides of the border, state
agencies with whom they may have been previously estranged and of course those who
have been directly affected by Republican violence.
The breadth and depth of this kind of work in building addressing issues of trust,
prejudice and intolerance is impressive.
One organisation has developed a ‘nation-building programme’, the purpose of which is
described as seeking:
Opportunities for engagement and honest dialogue between republican ex-prisoners
and representatives from other sectors of Irish society. Moreover, our member
groups at local level are actively pursuing dialogue and debate with people from
perspectives traditionally hostile to republicanism in order to increase
understanding and build relationships73
That programme has involved engagement with a wide range of civic society including
elements of the protestant community North and South, unionist community; churches;
political parties; women; trade unions and the business sector as well as ‘nationalists and
republicans with views different to those of Coiste (an engagement which is called the
73
(Coiste, 2003op cit at p.7).
56
intra-nationalist dimension in the project). As is discusses below, staff have also been
involved in discussion on truth recovery within the broad Republican community,74 truth
recovery with a range of other former combatants and victims75 and participation in the
Glencree Centre for Reconciliation’s: ‘LIVE’ and ‘Ex-combatants Programmes.76
As one ex-prisoner from a different project recounted with regard to the Glencree
‘Sustainable Peace’ programme
A year ago I never thought I would be in the same room as a PSNI (Police Service
of Northern Ireland) officer or a UDA and an Orange man and a member or the
IRSP (Irish Republican Socialist Party). We need more interaction like that, for
example the UDA person and I realised we had the same problems.
Expac has described the engagement with former opponents as a major feature of their
work.
This organisation publishes a quarterly journal called “The Other View” in
partnership with LINC (a Loyalist-led organisation) and the Mediation Centre in
Carrickfergus. This online magazine is a designed to offer an outlet for alternative
thinking. This programme is also involved in the Messines Project, which involves
Loyalist and Republican ex-prisoners working together and attending a 20 week training
course – a programme which now also involves other Republican ex-prisoner groupings.
This project examines the history of the First World War and the particular role of
Unionists and Nationalists as a means of studying conflict transformation and
mediation.77
Lá Nua detailed work that they had been involved in the border areas of the Republic
which entailed private work with Protestant clergy and some unionists. While much of
this work was done in private, they have held one public event a year and which they
74
Eolas (2003). Consultation Paper on Truth and Justice: A Discussion Document. Belfast: Eolas.
Healing Through Remembering (2006) Making Peace with the Past : Options for Truth Recovery in
Northern Ireland. Belfast : Healing Through Remembering
76
Hamber, B. (2005). Blocks to the Future: A Pilot Study of the Long-term Psychological Impact of the 'No
Wash/Blanket' Protest. Derry: Cunamh.
77
. See Messines Project Website http://www.messinesassociation.org.
75
57
have invited prominent Unionists including a Grand Master of Fermanagh Orange Order,
Dawn Purvis, current Chairperson of the Progressive Unionist Party, and Irish News
Columnist Roy Garland. Another project reported efforts to build relationships with the
majority protestant Derry/Raphoe Action Group.
External stakeholders have endorsed the participation of the projects in building positive
relationships. One commented:
The project has run workshops and in particular has hosted debates with exopponents which have proved very positive and entertaining for both sides and
relationships have been built through this work.
Another detailed the involvement of ex-prisoners in their own peace project:
Two of the committee members serve on the Advisory Panel of our own peace
project ‘Supporting Minorities in the Border Area’. They share the panel with other
Republicans, with Protestants (including a Unionist politician from Fermanagh)
and with some neutral members. Building positive relations with ex-opponents and
reflecting on the past conflict is very much part of what our project does.
A community youth worker stated:
[One project] has done work around WWI, developing stuff with schools and youth
groups, exploring that theme as a way of showing common ground.
Another community stakeholder interviewed for an evaluation of Fáilte Chluain Eois78
suggests that that project has “made efforts to heal old divisions and to promote
reconciliation. Members of the group have participated in a range of peace building
activities both locally and more widely”. Finally, a stakeholder active in reconciliation
work suggested:
78
McGearty (2004)
58
There have been a multiplicity of points of engagement with peace-building
initiatives via Glencree, Coiste, the Messines Network, EPIC, the Teach na Failte
links, etc. Projects like Glencree involved in peace-building, welcome [these
projects].
In all of this outreach work there was a considerable self awareness amongst the staff of
the various programmes about what many appear to regard as their ‘responsibility’ as
former combatants to engage with ‘the other’ in the shape of their various political
opponents. In the projects examined for this research the desire for engagement with
former adversaries was quite striking. This may be due in part to the fact that often
Republicans in border areas have been forced to engage outside the Republican
community because they were often a minority within the areas in which they lived or
worked and where the reality of a self contained life within a Republican community
(which is certainly feasible in parts of West or even North Belfast) was never actually
viable. However, it is our judgement that the quality of some of the work and the obvious
sincerity of some of those involved speaks to a genuine desire for engagement with exopponents.
e)
Acknowledging and dealing with the past
In recent years in Northern Ireland, the Republic and indeed certain areas of Britain
affected by the conflict there have been significant efforts at dealing with past,
remembrance and commemoration, acknowledgement and truth recovery.79 Within the
Loyalist and Republican communities, ex-prisoners have been at the very forefront of
these debates and activities.80 Often they have appeared to be leading, informing and
otherwise adding nuance to the positions of their respective constituencies which have,
79
See e.g., Healing Through Remembering (2006) op cit.
See for example the prominent role of Coiste and the former UVF\RHC affililated ex-prisoners
organisation EPIC in the production of two important documents on Republican and Loyalist attitudes to
truth - Eolas (2003). Consultation Paper on Truth and Justice: A Discussion Document. Belfast: Eolas ;
EPIC (2004). Truth Recovery: A Contribution from Within Loyalism. Belfast: EPIC.
80
59
initially at least, appeared extremely wary of focusing upon past acts of violence. While
Loyalism remains highly sceptical of the benefits of truth recovery as one way of dealing
with the past, Republicans appear to have by and large accepted that it may play a
prominent role as part of a broader process of bringing closure to victims.81
Certainly dealing with the past is central to almost everything that the projects do, and it
is therefore somewhat artificial to divorce these actions from the strands of either
“building positive relationships” or “cultural and attitudinal change”. Nonetheless, some
of the project activities – such as the Messines Project – clearly fall squarely within the
strand of dealing with the past. Several of the projects, for instance, were involved in the
collection and dissemination of oral histories of target members. Ex-prisoners and their
family members who have been involved stress that this oral history work can be
extremely difficult, but also very rewarding. These recollection efforts are intended to be
frank, “warts and all” explorations of the past, according to participants. Interviewed
target members also stressed that they would never have opened up and shared aspects of
their lives in any context besides the “safe space” of the projects (e.g., not in academic
history research). One stakeholder interviewed from a community education centre made
this argument clearly:
I think that until Republicans feel free to express openly the ways in which they
were hurt by the troubles and are able to acknowledge that they also inflicted hurt
on others, then [reconciliation] will be difficult. The troubles had such a profound
effect on their lives, many of them had to leave their homes in the North and did not
go back, they tried as best as they could to work and live in the south with their
neighbours knowing nothing about their past. The only place they felt safe to talk
about their past is to other members of the Republican community. I think that
situation needs to be addressed and a forum set up where people can discuss what
happened to them, this needs to be done on both sides of the border and not be
swept under the carpet otherwise the bitterness will be passed on to their children.
81
See eg. “Sinn Fein Welcomes Contribution to Truth Recovery Debate”. Press Statement 31st October
2006. http://www.sinnfeinonline.com/news/2006/10/
60
In addition, some projects sponsor an informal “history group” – a non-therapy-based
discussion group where members can “talk through” past experiences and start to deal
with and share often difficult life experiences. As noted above, Fáilte Chluan Abhaile
involved target members in the construction of a commemorative quilt “designed by
families of ex-prisoners recording their views and feelings regarding the conflict”, the
production of a play, and other arts exhibits about the conflict. Another project has
produced a DVD and a book based on oral history work. Such activities serve multiple
purposes, helping members deal with the past at the same time as developing skills,
building self-confidence and promoting community reintegration.
Projects would sometimes sponsor viewings of films, such as Laurence McKeown’s H3,
and use this as an opportunity to explore the experiences and memories of a wider group
of target members and community members. Similarly, projects regularly schedule
seminars on issues such as “Discovering Our Past Together” and have even arranged for
private visits to the Long Kesh site for target members, in order to initiate the difficult
process of dealing with the past. Still, as one, interviewed target member suggested,
“healing through remembering” need not take place in a formal setting: “Get ex-prisoners
in a room together doing anything (computer training, whatever) and they are going to
begin this process”.
f)
Relations with the State in Northern Ireland and the
Republic of Ireland
One feature which was raised in many interviews with ex-prisoners based in the Republic
was what they referred to was the ‘unreformed’ nature of the state and the ingrained antiRepublicanism which they regarded as embedded in the organisational culture of some
state and quasi-state agencies. Certainly it was a view repeated again and again by exprisoners that a concrete manifestation of this culture was evident in what they perceived
as a bias against ex-prisoners by state linked funding agencies. It is beyond the scope of
61
this study to either verify or discount those assertions. What is indisputable however is
that while the Agreement required the changing of the Irish constitution and the
establishment of a range of cross border bodies and institutions, certain key elements of
the state infrastructure have been relatively unaffected by the peace process, certainly
when compared to their Northern counterparts.
For example, despite major policing scandals, the accountability measures introduced in
Northern Ireland with regard to the PSNI (formerly RUC) which followed the Patten
Report have arguably highlighted what Mulcahy has referred to as “..the chasm that is
the democratic deficit of police accountability in the Republic of Ireland.”82 While a
Garda Sıochana Ombudsman Commission (largely based on the Office of the Police
Ombudsman in Northern Ireland) was established under the provisions of the Garda Bill
2004, the Republic’s Minister for Justice, Equality and Law Reform ruled out the creation
of a ‘Policing Board’ on the grounds that it would actually interfere with rather than
promote police accountability.83
In some ways the deeply held antagonism towards modern day Republicanism in Gardai
culture in understandable. In part it can be dated back to the formation of the state and the
centrality of the Gardai as the defenders of the new state. In the most recent period of
conflict, the border areas in particular were historically viewed by senior Gardai
commanders as a ‘contagion’ for crime and disorder in the rest of the country. For
example, in 1975 the Gardai Commissioner wrote in his annual report ‘Violent criminal
activity designed to intimidate for political purposes in the border areas has undoubtedly
influenced crime trends throughout the whole country. This is particularly noticeable
since
1969.”84
Mulcahy
has
well
argued that
the ‘consensual’ notion of
police\community relations in the Irish Republic was undermined in practice by a number
of ‘othered’ communities (travellers, inner city poor and Republicans) all of whom were
frequently subject to violent and abusive practices by regular officers and specialist units
82
A. Mulcahy (2002) op cit
A. Mulcahy (2005) “The ‘Other’ Lessons from Ireland? ; Policing, Political Violence and Policy
Transfer.” European Journal of Criminology, 2,2, 185-209.
84
An Garda Sıochana (1975). Annual Report on Crime. Dublin: Stationery Office at p. ii.
83
62
such as the infamous ‘heavy gang’.85 Even though the IRA adopted a formal policy of not
attacking state forces in the Republic, the struggle between the Gardai and Republicans
over the years spoke directly to important political and social contests about ‘imagined’
Irishness and the very legitimacy of the state. Little wonder that there is a residual
bitterness after such a conflict. It should also be noted that the bitterness is not all one
sided. In interviews for this research, it is clear that some Republicans in the South too
appear to carry considerable baggage concerning their attitudes towards the police.
Ex-prisoners interviewed for this project complained of continued harassment,
surveillance and other forms of police interference in their daily lives. According to the
interviewees, such explicit manifestations of anti-Republicanism occurred in a broader
context of antipathy from other quasi-state entities. For example one project recounted
how RTE had refused to cover a number of events they had been holding (the launch of a
video on the project and an anti-racism seminar) because these were viewed as ‘Sinn Fein
events’. The association of Republican ex-prisoner projects (particular Coiste) with Sinn
Fein as a political party obviously contributes to such a process. One stakeholder alluded
to this directly when he suggested:
It is both to Coiste's advantage and disadvantage that it is so closely aligned with
one political party. This makes its stance somewhat predictable and as a
consequence easier to dismiss by those in authority. Despite their organisational
successes they seem to act somewhat in isolation from other non-governmental
bodies that have shared goals and this dilutes their impact. Their media presence in
the South is slight.
The projects tend to complain of media bias, insisting that some of their positive and
newsworthy activities have been ignored. In some cases the ‘anti-Republicanism’
discussed by the interviewees can be understood as part a broader political battle in the
Republic, albeit played out at the local level. Nationally Sinn Fein, Fianna Fail and
85
A. Mulcahy (2007) Policing, Community and Social Change in Ireland in J. Shapland (ed) Justice,
Community and Civil Society. Cullompton: Willan. See also L McNiffe. (1997). A History of the Garda
S´ıoch´ana. Dublin: Wolfhound; D. Walsh (1999) The Irish Police. Dublin : Roundhall.
63
indeed Fine Gael have all laid claims to be the ‘true’ inheritors of modern Republicanism.
Inevitably ex-prisoners, rightly or wrongly identified as the tangible local symbols of one
of those political claims-making constituencies, will get caught in some of this political
cross-fire. As one ex-prisoner speculated:
“What’s happened on the bigger political stage has had a major impact on
the group and target group. … Last year all of the political parties (in the
Republic) were trying to criminalise the struggle. That means criminalising
them [target members]. You may be in a village in Donegal and may get on
great with all of your neighbours, have lots of friends, but when these sorts of
things are in the media, they still have an impact”.
g)
Conflict transformation and the significance of location in
the Border Region
While this research is focused upon a thematic rather than individual evaluation of the
work of ex-prisoner projects in the border regions, it is important not to under-emphasise
the importance of locale in shaping the work of the different programmes. Within
sociology, geography, anthropology and other disciplines there is a vast literature on the
ways in which local factors inevitably shape the capacity of individuals and organisations
to mobilise, access power and work with and on behalf of others.86 As cultural
geographers argue, ‘place matters.’87 Social status, identity, relationships and a range of
other factors inevitably intersect with locale.
As is noted above, the experience of being a Republican ex-prisoner in the border areas is
quite different to that of ex-prisoners in West Belfast, Derry or other areas of the North
where Republicanism is politically strong. What is also true however is that there are
important distinctions between different towns and communities within the border areas
86
Passi, A. (2000) Teritorial idenities as social constructs, Hagar 1: 93-132. For an overview see Shirlow,
P. and Murtagh, B. (2006). Belfast: Segregation, Violence and the City. London: Pluto Press.
87
See generally P. Dreier, J. Mollenkopf, T. Swanstrom (2004) Place Matters: Metropolitics for the
Twenty-first Century. Lawrence: University of Kansas Press.
64
themselves. The relevant towns (and their surrounding rural hinterlands) such as
Letterkenny, Sligo, Leitrim, Monaghan, Dundalk, Strabane and so forth all have their
unique historical, political, social and economic characteristic which undoubtedly
influence the shape and capacity of the local projects. Such variables may manifest
themselves in uneven availability of locally available resources, different levels of
blockage or support from local political actors as well as diverse attitudes from local
community or voluntary organisations in the involvement of ex-prisoners in service
delivery and engagement in local civic structures. They may also be apparent in different
attitudes and aptitudes of the ex-prisoners themselves.
Exploring the precise impact of these localised dynamics would require much more
focused localised ethnographies and would inevitably result in comparisons and contrasts
between the different projects. While such an approach is beyond the scope and terms of
this current study, we nonetheless felt it important to register our cognisance of it as a
factor in the development of the projects.
h) The projects and the growth of Sinn Fein
A number of the projects affiliated to Coiste na n-Iarchimi reported that other political
parties in their areas saw their projects as some kind of front for Sinn Fein. They
suggested that the fact that the establishment of the prisoner projects coincided with the
political growth of Sinn Fein in the Border Region. The perception is, to put it plainly,
that the political infrastructure of Republicanism is being subsidised by the Peace
Programme (this does not, of course, apply to Expac, which is non-aligned, to Teach na
Failte, which would be associated with the Irish Republican Socialist Party, or to the
Educational Trust, which works with ex-prisoners associated with different groups and
none).
We have no evidence to suggest how widespread this perception is, but that it exists is
undoubted. The projects have responded by saying that the auditing of their finances is
65
such that there can be no subvention of a political party and that the growth of Sinn Fein
is a parallel outworking of the peace process. However, while there can be no serious
charge that there is financial support for Sinn Fein from projects’ finances, it is important
to openly examine the more general accusation that supporting the prisoner projects is
actually to support the overall political project of one political party.
Most activists in the ex-prisoner projects are part of the wider Republican social and
political movement and as such, some – especially those working with projects affiliated
to Coiste – would be active supporters of Sinn Fein. Furthermore, the projects openly
speak about developing Republican culture and politics, albeit in a deliberately open and
inclusive way. Republicans talk about “the Republican Family” and those projects
affiliated to Coiste would definitely see themselves as part of that. Having said that, the
projects insist that they are very well aware of the important “boundaries” between
politics and their role and mission as organisations. It is not that they would, for example,
ban an employee from standing as a political candidate but that they take care that there is
no direct party political engagement in the projects. It could be argued that the exprisoner projects are contributing to cultural and political developments of which one
manifestation is a modest and variable increase in the political support for Sinn Fein in
the Border Region.
It is, however, important to put that acknowledgement into context in a number of ways.
First, the matter must be put into an appropriate historical background. All the major
political parties in the Republic were founded by combatants in the War of Independence
and the Civil War. All drew their inspiration, wholly or partly, from the Republican
tradition of struggling for national independence. At one level it can be argued that all
politics in the South are debates within this national tradition. In this sense, the
development of Sinn Fein is simply the latest strand of Republicanism to emerge and
contend for its political space. It could be argued that just as political space was made,
say, for Fianna Fail in 1932, political space should also be made for modern Sinn Fein
seventy-odd years later. It is certainly in the national interest on both sides of the border
66
that the principal contemporary variant of Irish Republicanism continues to express its
political aspirations exclusively through peaceful and democratic means.
Second, the party political context is important. In so far as Sinn Fein has increased its
political support North and South, this has been expressed through the verdict of
elections. In other words, electors have decided, in larger numbers than heretofore, to
vote for Sinn Fein candidates. There is no suggestion that such votes have been or can be
manipulated. So, at the end of the day, political support depends on saying and doing
things that people want to hear and see. Support for ex-prisoner projects will not garner
votes for an unpopular political position.
Third, it is our perception that the “Republican Family” is anything but monolithic. It
may be that many activists in the projects are broadly loyal to ‘the Republican project’,
this does not translate into automatic and unthinking support for Sinn Fein. Indeed it was
a point re-iterated to us time and again that one of the benefits of the projects was to
provide a space for the expression and discussion of alternative and critical positions. In
no sense can the projects be seen as a biddable extension of a party political machine.
Fourth, the matter should also be put in the context of the work that the projects actually
do. They are, of course, debarred from carrying out any directly party political activity,
but nor do they spend most of their time in ideological debate or agitation. By far the bulk
of their activities are about providing practical services to their target group and to other
marginalised people in need. In other words they are much more practical service
deliverers than political activists, whatever their background motivation.
The most important context, however, in which to understand the political significance of
the ex-prisoner projects is that of the peace process. Funding the ex-prisoner projects is
the implementation of a principle clearly articulated by President Clinton in 1995:
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Those who renounce violence…are entitled to be full participants in the democratic
process. Those who show the courage to break with the past are entitled to their
stake in the future. 88
It is well understood that to fully implement an “entitlement” does not simply mean
removing formal blocks or bans. It also means attempting to remove actual barriers to the
full uptake of that entitlement. So, in the case of bringing ex-combatants fully into the
sphere of peaceful, constitutional politics as “full participants in the democratic process,”
it is not enough simply to legalise relevant political parties. It is also important to take
active steps to remove and redress the disadvantages that the past role in the conflict has
created.
This is not a matter of expressing any level of moral or political support for the past role
in the conflict, nor of conferring the role of victims on any group of ex-combatants.
Rather, it is a matter of what is in the political self-interest of the vast majority of the
population. A peace process that seeks to replace the politics of violence with the politics
of democratic consensus must take purposeful steps to actively encourage ex-combatants
to participate. An inevitable result of that process will be that existing political players
will be, to a greater or lesser extent, displaced by new ones. That political pain is surely,
however, compensated by the political gain of a peaceful and just society.
5. The future of ex-prisoner projects
All the projects are apprehensive about the future. Funding is insecure and there is no
clear perspective as to resourcing once the Peace Programme is no longer available.
There is some sign that the British Government will bring forward a programme to assist
ex-prisoners, but it is not known if that will support projects such as these. At this time
there is no evidence that the Irish Government is considering anything similar. There is a
feeling amongst the projects that neither government have lived up to the statement in the
88
President Clinton, Mackies Metal Plant, Belfast. 30 November 1995.
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Agreement that “The Governments continue to recognise the importance of measures to
facilitate the reintegration of prisoners into the community…”
There is a strong and shared feeling that the projects have provided both practical support
for the target group and a symbolic statement of their right to full participation in society.
The withdrawal of practical support could be disastrous, some of the projects have
argued. In particular, counselling may be a long term need and its premature end could
have highly negative results in individual cases.
A particular practical issue is related to the future. The reality is that much of the target
group of these projects, especially ex-prisoners, are relatively old. In ten or fifteen years
they will be facing the problems of old age, exacerbated by a general lack of pensions. As
one project put it, “we want to maintain the infrastructure of the project so that we are
there for our people when they face the problems of aging.” These problems are likely to
be exacerbated if there is an economic downturn when ex-prisoners could become some
of the more marginalised and excluded people.
The public existence of these projects has provided a symbolic statement of the rights of
ex-prisoners, ex-combatants, displaced people and their families to full participation in
economic, political and social life. This has been particularly important in the Border
Region where this group of people has tended to be isolated from mainstream society and
subject, in their eyes, to discrimination. This symbolic function is important and the need
for it will remain for the foreseeable future.
Beyond the practical issues, there is considerable heart-searching in the projects as to
their future role. “When does an ex-prisoner stop being an ex-prisoner?” is the way the
question is often put. The common answer of the projects is “when the barriers to full
participation in society erected by the status of ex-prisoner are removed.” As one project
put it: “We need to exist until the barriers are removed. We may then evolve into just
another community group but with a republican ethos.”
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There is an extent to which all of the projects are diversifying. As we have seen, many are
making an outreach to other disadvantaged groups, especially migrant workers. To a
greater or lesser extent, all have become a recognised part of their local community
movement. Projects point to their affinity with marginalised and isolated groups. Only
one group, however, will countenance working with ordinary ex-offenders. Some see this
community work aspect as a sustainable activity for the future.
It is arguable that these projects have tapped into a vein of community activism that
would not otherwise have been exploited. That does not necessarily mean to say,
however, that their future would be assured as mainstream community groups. If their exprisoner aspect was held to be irrelevant in the future, there is no guarantee that, in the
competition for mainstream funding, they would be successful.
6. Conclusions
Our first and overriding conclusion is that ex-prisoner projects of the type studied in this
evaluation should be supported and resourced for the foreseeable future. We believe this
should be mainly for their role in working with ex-prisoners, ex-combatants, displaced
persons and their families. That should not rule out such projects taking on a broader role
but their core purpose is to provide for their target constituency.
When we began this evaluation we thought that perhaps ex-prisoner projects should have
a limited lifespan and that their future might lie in diversification into a broader
community role, and we particularly explored that aspect in our fieldwork. In the course
of the evaluation the evidence has persuaded us that there is a need for these projects that
will continue as far into the future as we can usefully predict.
There are four main reasons for this conclusion. First, there is a continuing need for the
practical service delivery of the projects to their client group. All the evidence
demonstrates that many of the target group find the “safe space” of the projects an
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essential element in accessing particular services, whether that be counselling, training or
practical support. This is a section of the population who have had a particular experience
of the conflict and have particular needs in the transition to a new, peaceful society.
While the need exists, the projects should be supported to meet it.
Second, there is a long way to go in the second aspect of the two-way process of
reintegration – that is appropriate changes in society to remove the barriers to full
participation that exist for ex-prisoners. This is true both at a national and legislative level
and at the local level in the Border towns where these projects are located. These projects
have carried out a valuable advocacy role and there is still a long way to go to achieve the
goals which are agreed by all those interested in reintegration. There is still, therefore, a
continuing need for the project to act as advocates for their target constituency.
Third, and very important, is the symbolic aspect of the existence of these projects. We
have drawn particular attention to this element in the body of the report but we feel it
necessary to re-emphasise it here. The existence of these projects amounts to a clear
statement by society that it recognises the existence and needs of ex-prisoners, excombatants, displaced people and their families. The public face of the projects acts as a
bulwark against invisibility of a group of people whose distinctive identity was created by
a particular experience of the violent political conflict that engulfed our society over the
past thirty odd years.
Fourth, we have been convinced that these projects have been playing a distinct and
absolutely necessary role in the developing peace process. In general, we are in no doubt
of the importance of ex-prisoners in a peace process and the evidence on the ground has
convinced us that these particular projects are playing their full part. This is not, in our
view, a matter of reconciling a recalcitrant group of ex-combatants to the realities of
peace. Rather it is an active role in leading crucial developments in the process of
transition to a new society. One of those developments is the exercise of political
generosity in the process of reconciling those who were on opposing sides in the conflict.
Because a peace process requires the active engagement of those who were actually
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combatants, actually doing the fighting during the violent conflict, ex-prisoners are an
essential element within it. These projects have played their part in that process of
reconciliation, even if other elements in society who were also combatants in the conflict
have not always been ready to engage with them. It would be foolhardy to disrupt that
process by withdrawing support from these projects.
In sum, it would be quite wrong to believe that the problems of ex-prisoners and the other
elements of the target group are over or are well on the way to being solved. It would also
be quite wrong to believe that the process of transition to a new society is over or that the
peace process is irreversible. The case for continued support for these projects is
therefore, in our view, clear.
We now turn to some more specific and practical recommendations for the future:
Ex-prisoners and displaced persons are target beneficiaries under Priority 1, “Reconciling
Communities”, of the Peace III Draft Operational Programme.89 Ex-prisoner projects’
work could be funded under both of the key areas of Priority 1, “building positive
relations at the local level” and “acknowledging the past.” The Plan calls for cross-border
and cross-community initiatives and ex-prisoner projects should be part of those
developments.
In the Republic’s National Development Plan, 300 million Euro are allocated to support
for the reintegration of ex-offenders. It is clear that this section of Chapter 11 is about
“ordinary” ex-prisoners. However, given the special characteristics of the border counties
and the comparatively high concentration of politically motivated ex-prisoners and their
families living in these areas, an appropriate proportion of NDP funding should be
specifically allocated to meet the needs of these groups.
89
www.seupb.org/consultation/documents/PEACE%20III%20Draft%20Operational%20Programm
e.pdf
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In a more general sense, Ireland’s Social Partnership Agreement Towards 2016 includes a
number of relevant principles and operational imperatives of relevance to the ex-prisoner
community. Its overall vision is of a fair and inclusive society with a vibrant economy.
This is predicated on the need to work on a north/south basis and have a common policy
approach across the island. To this end it also seeks to work towards implementation of
all agreements arising out of the peace process. In particular, the following principles and
objectives outlined in the report are relevant to the work of the projects reviewed here:
“Every person of working age should be encouraged and supported to participate
fully in social, civic and economic life”;
“Every person of working age on welfare will have access to supports towards
progression and inclusion, access to quality work and learning opportunities,
encouraging a greater degree of self-reliance and self-sufficiency”;
“Every person, irrespective of background or gender, would enjoy equality of
opportunity and freedom from discrimination” (Section 31.1 “Vision for People of
Working Age”, p.47)
Similarly, the report emphasises a commitment to the creation “of a fairer society and
equality for all citizens” (p. 53).
At another level, ex-prisoner projects should be part of the template for Local
Development Partnerships in Ireland. Given that one of the purposes of these partnerships
is social inclusion, the target group of ex-prisoners, ex-combatants and displaced persons
should be one of the elements in society included in them. This is also important in the
context of the concept of cohesion in developing properly integrated service provision.
In the North, it is believed that some element of support for ex-prisoner projects is
envisaged in the Comprehensive Spending Review which is currently being undertaken
within government. It is important that it is at an adequate level to support projects such
as these under evaluation. However, only one of these projects was located in Northern
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Ireland. It is important that the Irish Government take responsibility for supporting
projects in the Border Region.
In general, we have heard anecdotal evidence that some funding bodies seem to have
difficulties with ex-prisoner projects. There is also party political involvement on some
bodies which allocate statutory funds. It would perhaps be useful if both Governments
instituted reviews of funding policies in this regard across departments and agencies. This
could be achieved by the establishment of an interdepartmental taskforce which would be
required to examine the circumstances of ex-prisoners and the possibility of supporting
their projects.
In addition, we would recommend that an initiative on policy related to ex-prisoners
(similar to that chaired by Nigel Hamilton and Sir George Quigley in Northern Ireland)
should be established in the Republic. While this might dovetail with the task-force
suggested above, it should also include other relevant social partners including
representatives of the business community, trade union movement and the ex-prisoner
groups themselves. As in Northern Ireland, this body should explore mechanisms for best
handling conflict related convictions and membership of illegal organisations in terms of
employment, facilities, goods and services. One of the options explored by that grouping
should be consideration of placing good practice on such matters on a statutory footing.
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APPENDIX
Thematic Framework for Analysis:
Indicators of Success
•
Development of autonomous, ex-prisoner controlled projects, based on the
principle of self-help, to promote reintegration
¾ Role of ex-prisoners in governance of projects
¾ Relationship with any umbrella organisations
•
Improving skills, knowledge and qualifications to assist participation
¾
¾
¾
¾
¾
•
Meeting personal and family social and psychological needs
¾
¾
¾
¾
•
Number and nature of courses or other learning opportunities
Number and characteristics of trainees
Number and level of qualifications gained
Evidence of increase in employability amongst participants
Added value of specialist services
Nature and extent of services provided
Number and characteristics of those accessing services
Satisfaction level of those accessing services
Added value of specialist services
Developing channels for peaceful social and political activism that help develop a
shared vision of an interdependent and fair society
¾ Nature and extent of ex-prisoner engagement in project-organised activity
¾ Nature and extent of ex-prisoner engagement in other community activity
¾ Extent of engagement with promotion of human rights and equality
•
Offering opportunities for engagement with opposed currents of political thought
and allegiance that build positive relationships
¾ Nature and extent of activities designed to engage with opposed opinion
¾ Perceived outcomes of such engagements in terms of increased
tolerance, trust and welcoming of diversity
•
Helping lead communities towards cultural and attitudinal change
¾ Role of projects in promoting cultural change in local communities
75
¾ Role of projects in promoting cultural change in the particular ex-prisoner
grouping
¾ Role of projects in promoting cultural change in the broader nationalist,
unionist or general community
•
Offering opportunities for reflection, acknowledgement and critical examination of
the past conflict
¾ Nature and extent of opportunities for reflection etc
¾ Nature and extent of participation in such opportunities
¾ Perceived outcomes
•
Seeking the removal of legal, policy and attitudinal barriers to social, economic
and political participation as part of post-conflict change
¾ Nature and extent of influencing on removal of barriers to participation
¾ Perceived outcomes of activities
•
The overall profile of the funded former prisoner projects, taken in relation to
other funded projects, complies with or actively contributes to Community policy
and legislation on equal opportunities for men and women and between the other
categories of equality legislation.
¾ Taking the projects as a whole, the nature and extent of any positive or
negative equality impact
•
The collective activities of the funded projects comply with or actively contribute
to Community policy and legislation on equal opportunities for men and women
and between the other categories of equality legislation.
¾ Nature and extent of implementation of equality policies and any other
relevant position statements
¾ Nature of responses to gender imbalance amongst ex-prisoners and any
other perceived imbalances
•
The funded projects are targeted on communities and groups that are objectively
socially disadvantaged (Northern Ireland) or socially excluded or disadvantaged
because of the “Troubles” (Border Counties).
¾ Location of projects
¾ Characteristics of consumers of services
¾ Relevant activities of projects
•
The collective activities of the funded projects contribute to reducing social
disadvantage and exclusion.
¾ Summation of data from previous proposition
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•
The cross-border activities of the projects are based on the principles of
successful partnership.
¾ Purpose, goals and added value are explicit and shared
¾ There is a level of equality in the partnership and roles and
responsibilities are clear
¾ The partnership is planned, with protocols of communication and decision
making structures
•
The cross-border activities of the projects bring added value to the peace and
reconciliation objectives of the Programme.
¾ The extent and nature of added value to any of the indicators under other
propositions
77