Changes to legacy legislation agreed by Dublin and London fail to guarantee that the Irish State will investigate its own failings during the Troubles, an influential victims’ group has said.
The South East Fermanagh Foundation (SEFF), which represents families of those killed by paramilitaries during the Troubles on both sides of the Border, said a path “to pursue justice, truth and accountability” has always been its core demand.
“Anything short of the Irish State contributing on an equal footing to the UK state with comparable oversight and independence structures would not be tolerable,” said SEFF’s director, Kenny Donaldson.
Saying the group was “underwhelmed” by the pledges made by the Irish Government on Friday, he added: “There is just insufficient detail on the table for us to put our hands up in support of this joint framework.
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“We will be pressing the Irish Government for further detail and absolute clarity on their position and how this will reflect in actual actions,” Mr Donaldson told The Irish Times on Sunday.
The British/Irish deal could and should have dealt with “lingering issues of concern”, including the letters of comfort given by the British authorities to fugitive IRA members telling them they were no longer “wanted” so could return without fear of arrest.
In addition, Mr Donaldson focused on a declaration from the former attorney general, Michael McDowell, that the Irish State gave an amnesty in all but name to IRA suspects after 1998, deciding to pursue no more prosecutions.
Regarding prosecutions of members of the British army and the Royal Ulster Constabulary, he said: “If someone wearing the uniform is deemed to have acted criminally, then due process should follow, just as we expect would happen with terrorists.”
However, SEFF opposes “the persecution” of people previously exonerated by investigations.
“There must be no further state complicity with the retrospective targeting and vilification of those who acted to thwart terrorism, and ultimately to save lives,” he added.
The organisation had outlined its views repeatedly to Dublin and London, emphasising the need for an end “to the days of superficial and symbolic justice” and replacement by change that delivers “maximum accountability of and from perpetrators”.
“In fully judging what’s on the table we require to consider, does this new agreement offer a better prospect for victims/survivors to obtain better outcomes? Whether they be through criminal, civil or information recovery pathways,”
If Dublin and London “refuse to deal” with their concerns, then they will prove that the motivation behind Friday’s agreement “is not about victims and survivors”, or reconciliation, but a further example of the “politics of appeasement”.
