Partnership is key to sustaining NI process

The political process grinds on in Northern Ireland

The political process grinds on in Northern Ireland. The short suspension was a legal device to provide more space for focused discussion in the next six weeks. A good start was not made, but things may now have changed, with the SDLP's courageous and historic decision on policing.

The gloom lifted a bit this week, and in this context it is worth noting how far the process has come. Optimism is not fashionable at the minute, but we have to acknowledge that things are moving on, however slowly and inadequately. The SDLP appears to be the only party with the maturity to recognise this.

The views expressed here may well be the hopeless naivety of an ivory tower dweller, but evidence does exist to support them. The North is gradually being transformed. Impatience is understandable, but it is difficult to deny that a process has at least begun.

The North is not the place it was. There is a long, long way to go; however, the route map for a new order is there. The real challenge (especially for those who genuinely believe in building a new, agreed Ireland) is to work together in partnership on the island to make legal and political gains count in practice. This will involve assertive participation in all the institutions created in the wake of the Belfast Agreement. Partnership is the key for those really interested in a new order. All sides must come to accept this.

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There are many areas where advances are being made, but hard work and active participation are still required to make a real difference. In relation to democratic inclusion, there is the new Assembly, the North-South Ministerial Council and the British-Irish Council. The all-Ireland joint parliamentary body and the consultative forum, both of which are mentioned in the agreement, should not be forgotten.

While much has been heard of the First Minister's refusal to nominate, rather less is heard of the joint parliamentary body. The structures of partnership have been established. The challenge, as the British-Irish document noted, is to ensure the stability of these institutions. Further clarity on how this can be guaranteed is required.

As the last year has shown, co-operation can work. Partnership in the Assembly resulted in an agreed budget and a Programme for Government: significant achievements given the historical mistrust. The proposed Implementation Group is a welcome development, which will assist the task of driving forward the agreement's agenda. While problems can be routinely highlighted, a democratic transition is under way.

Incremental advances are taking place on equality and human rights. The Equality Commission has made its mark, and the process of getting a Single Equality Bill has started. Consultation on a Children's Commissioner is also progressing. On human rights, there are now two commissions on the island. The Northern Ireland Human Rights Commission will produce a consultation document on a Bill of Rights soon.

The commission has had a troubled history. It is not being taken sufficiently seriously by public administration and by the British government. It has also suffered sustained criticism from the unionist community and others. The Bill of Rights it produces will, however, be a vital part of the transformation of the North.

The commission should not be distracted from pursuing an assertive human rights agenda, even in the face of the hostility it has encountered. Co-operation with the Irish Commission should also ensure that a focused all-Ireland human rights agenda emerges.

Criminal justice and policing are also evolving slowly. The British government is to publish the proposed legislation on criminal justice, along with a detailed implementation plan.

The policing debate has encouraged profound distrust of the government's approach. People are well aware that progressive proposals can be eroded in legislation. On this the Criminal Justice Review Report must be approached with some caution. It amounts to an internal civil service review with independent input. In some areas the proposals do not go far enough, and there will be another struggle at Westminster over the detail.

One must hope that the British government has learned from the bruising experience with the Patten Report. As it has now recognised, the policing legislation does not pass the "Patten test". Let us hope it does not make the same mistake with criminal justice.

The SDLP has taken the lead in both winning legal changes and now in encouraging participation to drive home the new beginning in policing. This is not the end of the road for reform; rather, as Seamus Mallon noted, it is a new phase to achieve a new beginning. Again, there will be tough times ahead on policing and criminal justice.

The emerging new order has provoked discomfort. The real work is in countering this in a sustained and systematic way through constructive political engagement and active participation. The SDLP at least is prepared to face up to this challenge, and meet it constructively.

Consideration of truth and justice remains piecemeal. Provision has been made for assistance for all victims, and creative thought has gone into appropriate action.

The Bloody Sunday Inquiry in Derry moves on steadily. The British-Irish document promises further action, in the form of an investigation by an internationally respected judge, on selected, high-profile cases. The families of victims have demonstrated their dissatisfaction through ongoing engagement with a variety of judicial processes (domestic and European) to secure justice.

Many are still not convinced that a new beginning is possible without formal disclosure and acknowledgement of the past. This raises the pressing matter of a process of truth-finding. Is formal disclosure and acknowledgement to be restricted to selected cases only, or does a "right to truth" mean something more than this?

The basis for the radical transformation of the North is slowly being established. It is easy to be negative and dismissive, but some progress has been made, and should be recognised. In this context, it is no time to opt out of the process of political engagement. The "blame game" is in full swing. This is unproductive and not in the general interest of any community.

The new order of equality, human rights and democratic renewal will be won inch by inch through sustained political engagement and the mature politics of partnership. The challenge for politicians is to drive things forward in dialogue with others. This means active participation in the new institutions. Huffing on the sidelines is unwise.

Everyone in the North, and on the island, loses out if partnership is abandoned. What is the alternative?

Colin Harvey is professor of constitutional and human rights law, University of Leeds