Commentary upon The White Paper (Cmd.558) entitled 'A Record of Constructive Change' (1971)

The group does not attempt to answer either question. Each individual will provide his own answer.

Belfast, 20 September, 1971.

Paragraph 6 of the Downing Street Declaration states:

The two governments at their meeting at 10 Downing Street today have reaffirmed that in all legislation and executive decisions of government every citizen of Northern Ireland is entitled to the same equality of treatment and freedom from discrimination as obtains in the rest of the United Kingdom, irrespective of political views or religion, in their runner meetings the two governments will be guided by these mutually accepted principles.

It is stated in Paragraph 5 of the Declaration that:

The United Kingdom Government have welcomed the decisions of the Northern Ireland Government relating to local government franchise, the revision of local government areas, the allocation of houses, the creation of a Parliamentary Commissioner for Administration in Northern Ireland and machinery to consider citizens’ grievances against other public authorities which the Prime Minister reported to the House of Commons at Westminster following his meeting with Northern Ireland Ministers on 21st May as demonstrating the determination of the Northern Ireland Government that there shall be full equality of treatment for all citizens. Both governments have agreed that it is vital that the momentum of internal reform should he maintained.

In their discussions Ministers had very much in mind the affirmation in paragraph 6 of the joint Declaration made at Downing Street on 19th August, of the entitlement of every citizen of Northern Ireland to the same equality of treatment and freedom from discrimination as obtains in the rest of the United Kingdom, irrespective of political views or religion.

(i) Why was such a volume of enactments and administrative acts urgently necessary in August 1969?

and

(ii)What practical, effective reforms have resulted from the actions taken by the government since 1969?

"It is plain from what we have heard, read and observed that the train of events and incidents which began in Londonderry on 5th October, 1968, has had as its background, on the one hand a widespread sense of political and social grievance for long unadmiltted and therefore unredressed by successive Governments of Northern Ireland, and on the other sentiments of fear and apprehension sincerely and tenaciously felt and believed, of risks to the integrity and indeed continued existence of the state,"

"The party will work to heal those divisions in our community which have so far prevented Northern Ireland from fulfilling its best hopes."

"…the government of Northern Ireland has shown itself deficient in those very qualities which its independence should encourage. It has made no consistent attempt to break down the traditional hostility between the respective creeds; it has not possessed either the wish or the courage to ignore the demands of the Orange extremists; it has not given that positive leadership which is so needed if a spirit of common citizenship is to be established. Admittedly, a unionist government is in power; but Ministers would be well advised to remember that unionist is the adjective and government the noun."

(a) by the fact that within the unionist parliamentary party the prospect of reform generated power struggles which endanger community peace and

(b) by increasing belief that the sectarian nature of the unionist political structure is an insuperable obstacle to meaningful reform.

7. - The Police

Commitment In the Communique of 10 October, 1969:

To accept the principle of a civilianised and unarmed police force

Action:

This principle was embodied in the Police Act (Northern Ireland) 1970 which became law on 26 March, 1970.

 

8. - A Police Authority

Commitment in the Communique of 10 October, 1969.

To establish a Police Authority representative of the community as a whole.

Action:

The Authority was established by the Police Act (Northern Ireland) 1970. As a result the Royal Ulster Constabulary is now controlled by the Authority which is representative of all sections of the community as a whole.

(5) "Resentment, particularly among Catholics. as to the existence of the Ulster Special Constabulary (the ‘B’ Specials) as a partisan and paramilitary force recruited exclusively from Protestants (Para 229 (a))"

One particular adduced was:

(14) - "The police handling of the demonstration in Londonderry on 5 October, 1968 was in certain material respects ill co-ordinated and inept. There was use of unnecessary and ill controlled force in the dispersal of the demonstrators, only a minority of whom acted in a disorderly and violent manner."(Para 229 (b))

The Government’s announcements on the reform of local government franchise - the ‘one man one vote’ issue - reform and readjustment of local government administration, including electoral areas and boundaries, introduction of a comprehensive and fair ‘points’ system in the allocation of Council built houses and the introduction of special machinery to deal with complaints arising out of matters of local administration, go a very considerable way, not only to acknowledge the justice of the complaints on these points but also the expediency and necessity of providing remedies for them (Para 229).

In view of this we feel that we should not be stepping beyond the limits of our duty if we were to add two observations of our own which are relevant to these proposals for reform. The first of these relates to the police. The nature of the relationship of the R.U.C. to the Minister of Home Affairs makes it easy for the criticism to be put forward that the R.UC. is essentially an instrument of party Government. Where complaints are made of misconduct of police officers towards members of the public it is obviously in the interest of the police force as well as of the public that there should be full confidence that any inquiry should be wholly unbiased and that it should be in impartial hands. Lack of confidence in police impartiality leads to lack of public confidence in and support for the police. If it is the express intention of the Northern Ireland Government that there should be specific machinery for dealing with complaints against local government administration, it appears to us that there is substance in a suggestion that matters of complaint against members of the police force should be investigated by an equally responsible and impartial body. In light of the events which have occurred and which formed the subject matter of our Inquiry, we have felt that a complaints board or tribunal of independent persons appointed on the nomination or recommendation of the Lord Chief Justice might be an appropriate compliment to the machinery for dealing with local government grievances. Such a tribunal would be responsible for investigation and, in the appropriate case, report to the Inspector General for any necessary disciplinary action, or, if felt that criminal proceedings might be required, to the requisite criminal authority. In addition, in order to preserve parliamentary control it would ‘be necessary that such a board or tribunal should report its activities annually to Parliament. This could, in effect, be no more than a logical extension of the provision already introduced into the Polite Code of associating a practising barrister with the disciplinary tribunal investigating complaints against the police, and for the public hearing thereof in cases where matters of security are not involved. In making this proposal we in no way wish to reflect on the impartiality and care with which County Inspector Baille carried out his investigations. As we have already said we, with respect, endorse his conclusion that there were serious breaches of discipline and acts of illegal violence perpetrated by certain police officers in Londonderry on 4th/5th January, 1969, but we think such a difficult task as that entrusted to him was to place a very heavy responsibility on his shoulders at; a senior police officer (Para 230).

The first Chief Constable himself referred to the ‘conspiracy of silence’ of the police when an investigation of their conduct was undertaken.

Before bringing together the recommendations and suggestions for changes in the R.U.C. and for the creation of two separate forces to perform those duties at present carried out by the USC. which we consider will still have to be performed, we would like to preface them by setting out what we regard as the most important considerations upon which efficient enforcement of law and order depends (Para 175).

One of the most important of these must be that the control and administration of any police force should be vested in such manner as will ensure that it will not only be, but will be seen to be, impartial in every sense and that it should be accountable to the public for its actions. Furthermore, in the eyes of the public it must be seen to be civilian in nature and to achieve this it is in our opinion essential that individual police officers should perform their duties without carrying firearms other than for a particular purpose, at a particular time and in a particular locality (Par 176).

The Hunt Committee’s recommendations included:

(1) The R.U.C. should be relieved of all duties of a military nature as soon as possible and its contribution to the security of Northern Ireland from subversion should be limited to the gathering of intelligence, the protection of important persons and the enforcement of the relevant laws.

(2) There should be a Police Authority for Northern Ireland, whose membership should reflect the proportions of different groups in the community.

(3) The Police Authority should be responsible, subject to the authority of the Minister of Home Affairs, for the establishment and maintenance of an adequate and efficient police force, for the appointment of the chief officer of police and certain senior officers, for buildings, vehicles and clothing.

(4) The Police Authority should have a particular duty to keep itself informed as to the manner in which complaints against the police are dealt with.

(5) The chief officer of police should submit an annual report to the Minister of Home Affairs and to the Police Authority.

(6) The chief officer of police should submit a report on any matter when required to do so by the Minister.

(7) the Police Authority may require chief officers to retire in the interests of efficiency, subject to certain safeguards (Para 183).

"There is no need unnecessarily to go over old ground but, nevertheless, I must remind you that relations between the minority community and the forces of law and order had reached rock bottom two years ago. That is why British troops arrived and in the dramatic words of one senior police officer that I well recall at the time, he said: ‘my men are finished’. It is from that low point that it has been necessary to rebuild the morale of the police and their relationships with the public."

Has the principle of a civilianised and unarmed police force been implemented? and

Are the police now controlled by the Polite Authority?

The answer must be a definite ‘No.’

9 - A Public Prosecutor

Commitment in the Communique of 10 October 1969:

To relieve the police of all responsibility for prosecutions and to establish a system of independent public prosecutors.

Action:

The Northern Ireland Government announced on 17 April 1971 that it had accepted the recommendation of an independent Working Party on Public Prosecutions under the chairmanship of the Hon. J.C. MacDermott, Q.C., that a system of public prosecutors should be established to relieve the police of the burdens of prosecuting in all summary offences other than minor ones. On 13 May the Prime Minister announced that the Northern Ireland Government intended to appoint a Director of Public Prosecutions for Northern Ireland. As in England he will be responsible to the Attorney General, who in turn will be answerable to Parliament.

While it is the unmistakable duty of the police to make offenders amenable to the law, the impartiality of the police may be questioned if they are responsible for deciding who shall be prosecuted and thereafter for acting in court as prosecutor. This practice can result also in a mistaken impression of the relationship between the courts and the police.’ (Para 142).

‘It has been said that what is required in Northern Ireland is a Director of Public Prosecutions as in England, the basis of this suggestion being that such a Director would be free from political influence and that decisions as to prosecutions should be in his hands rather than in those of the Attorney General, who is, in practice, also a politician.

'Accordingly we saw fit to look with care into the office of the Director of Public Prosecutions in England. Mr. Haggan visited the office of the Director on 31 May 1970 and subsequently prepared a minute describing the office.

‘It is clear that the Director of Public Prosecutions is not a substitute for the Attorney General in England. No doubt he takes much of the weight off the shoulders of the Attorney General but he remains responsible to the Attorney General, who in turn remains responsible to Parliament.

‘As far as Northern Ireland is concerned, we have no doubt that for a Department of Public Prosecutions to be effective it must have a chief officer responsible for the efficient administration of the whole Department which would, as we see it, be responsible for the conduct of criminal proceedings in all courts. This a most important position and requires a person of the highest calibre, properly remunerated. Such a person could appropriately be styled the Director of Public Prosecutions but it must be noted that he would be responsible for the day-to-day work of prosecutions at all courts and not, as in England, simply the appropriate person to whom cases of peculiar difficulty are referred.

'We would record that these observations and recommendations are in no way to be taken as a reflection of the manner in which the office of Attorney General has been discharged over the years.’ (para 12).

Nor should it be imagined that in England, simply because of the existence of a Director of Public Prosecutions, the basic constitutional position is in any way different; for the director remains responsible to the Attorney General, who in turn is answerable to Parliament. At this point may I inform the House that it would be our intention in the fairly near future, following on the Government statement, issued after publication of the MacDermott Report, to appoint a director of public prosecutions for Northern Ireland who will stand in a similar relationship to our own Attorney General.

10. - Replacement of Ulster Special Constabulary

Commitment In the Communique of 10 October, 1969:

To replace the Ulster Special Constabulary with a volunteer reserve.

Action:

The Ulster Special Constabulary has been phased out and under the Police Act (Northern Ireland) 1970 provision was made for the establishment, of the R.U.C. Reserve. The Royal Ulster Constabulary now has a Reserve of up to 1,500 part-time policemen to .assist it in its civilian role. At the same time the United Kingdom Government has established the part-time Ulster Defence Regiment to assist the army in its security role. The Regiment became operational on 1 April 1970 and is over 4,000 strong with a target strength of 6,000. It undertakes the duties envisaged for it in the Joint Communique, namely guarding key installations, carrying out patrols and operating cheek points and road blocks. It is not used on crowd control or riot duties.

"Both the R.U.C. and the U.S.C. were armed, and the latter - overwhelmingly if not entirely Protestant and largely drawn from the Orange Order - achieved an early reputation for sectarian violence being credited with killing a number of Catholics in 1921-22."

The activities of the Specials prior to their disbandment were the subject of evidence to the Scarman Tribunal, which has not yet reported.

11 - Special Powers Act

Commitment:

The original five point reform programme announced by the Northern Ireland Government in November, 1968 undertook to withdraw those Special Powers which were in conflict with international obligations where this could be done without hazard. No specific mention was made of this undertaking in the Downing Street Declaration or the subsequent Joint Communiques.

Action:

While the Northern Ireland Government would wish as soon as possible to revoke those Special Powers which are in conflict with international obligations, it clearly cannot contemplate the withdrawal of any powers required to protect life and property in face of the mounting scale of violence and subversive activity. The prior condition of any such change is a renunciation of violence and terrorism. Far from this condition having been fulfilled, the escalation of violence on the part of the I.R.A. during the last two years has left the Northern Ireland Government no alternative but to invoke, with extreme reluctance, the powers of detention and internment

‘In the exercise of these frankly despotic powers no check whatever was imposed on the Minister save that such regulations must be laid on the table of both Houses of Parliament "as soon as may be after they are made." Since the Minister was empowered to alter the regulations at will their actual provisions were of no great significance. But they were drastic. The civil power had full right of entry and of search, it might detain suspects at will. Heavy penalties were imposed upon persons found to be members of unlawful associations, the death penalty was imposed for breaches of the Explosive Substances Act. In addition, the civil authority might by notice prohibit the circulation of any newspaper, and - a truly remarkable provision - "no person may by word of mouth or in writing or in a newspaper or book,

(a) spread false reports or make false statements or

(b) spread reports likely to cause disaffection to His Majesty, or

(c) spread reports likely to prejudice the recruiting of persons to serve in the police or any other force employed for the preservation of peace in Northern Ireland."

‘At the end of this Act one safeguard was provided for the public. The Act was to continue for one year "and no longer, unless Parliament otherwise determines." The Act was passed in 1922. It was renewed by Parliament every year till 1933. Then even this meagre safeguard was discarded, for it was decided that "the Act of 1922 shall continue in force until Parliament otherwise determines." It is difficult to find any justification whatever for the permanent adoption of this extreme type of emergency legislation.’

"Moreover, a layman inexperienced in the art of government would have supposed that an executive armed with such powers would have been able to cope effectively with the sporadic rioting that occurred in Belfast in 1935, whereas, in fact, the disorder continued for three months. The raison d’etre for legislation in the category of the Civil Authorities Act disappears when it ceases to be effective."—(op. cit. 275).

12 - Parliamentary Commissioner for Administration

Commitment in the Communique of 29 August, 1969:

This office was established prior to the Downing Street Declaration but was welcomed in that Declaration by the United Kingdom Government as demonstrating the determination of the Northern Ireland Government that there shall be full equality of treatment for all citizens.

Action:

A Parliamentary Commissioner for Administration was appointed under the Parliamentary Commissioner Act (Northern Ireland) 1969, which became law on 24 June 1969. The present holder of the office is Sir Edmund Compton, G.C.B., who until recently also held the office of Parliamentary Commissioner for Administration at Westminster. The Commissioner, whose job it is to investigate complaints of maladministration against Government Departments, has already issued two reports (H.C. 1954 and H.C. 2076).

In his second report (H.C. 2076), covering a period of 18 months, the Parliamentary Commissioner said. "My first years of office in Northern Ireland have not produced a single instance of culpable action in the organs of central government." In the same report the Parliamentary Commissioner also said: "I think it fair to say that the quality of administrative performance in the Northern Ireland Ministries compares well with my experience of Government Departments in the United Kingdom. Indeed the individual citizen - frequently gets a better service from a Northern Ireland Ministry than he would get from a United Kingdom Department in similar circumstances owing to the easier access to central government."

13 - Commissioner for Complaints

Commitment in the Communique of 29 August 1969:

To introduce legislation to establish machinery for the investigation of citizens’ grievances against local authorities and other public authorities.

Action:

The Commissioner for Complaints Act (Northern Ireland) 1969 became law on 26 November 1969. Under the Act, a Commissioner for Complaints was appointed to deal with citizens’ grievances against local councils and public bodies. The Commissioner, Mr. J. M. Benn, C.B., like the Parliamentary Commissioner, is independent of the Government and reports to the Northern Ireland Parliament. This machinery for the investigation of the citizens’ complaints has no counterpart either in Great Britain or thc Irish Republic. Three reports have been issued by the Commissioner (H.C. Nos. 2001, 2048, and 2101). In his Third Report, the Commissioner defined discrimination as the taking of a decision in favour for, or against, a person which is motivated by consideration of the person’s religious beliefs or political opinions. He went on to say that in most of the cases of alleged discrimination (only 6 per cent of the total number of complaints accepted for investigation) which he reported on, he was satisfied that the action complained of was not motivated by discrimination. The full text of this statement is contained in paragraphs 31-36 of the Commissioner’s Third Report (H.C. 2101).

'(2) Complaints, now well documented in fact of, discrimination in the making of local government appointments, at all levels but especially in senior posts, to the prejudice of non-Unionists and especially Catholic members of the community, in some Unionist controlled authorities.

‘(3) Complaints, again well documented, in some cases of deliberate manipulation of local government electoral boundaries and in others a refusal to apply for their necessary extension, in eider to achieve and maintain Unionist control of local authorities and so to deny to Catholics influence in local government proportionate to their numbers.

‘(4) A growing and powerful sense of resentment and frustration among the Catholic population at failure to achieve either acceptance on the part of the Government of any need to investigate these complaints or to provide and enforce a remedy for them.’

‘231. The other point on which we wish to comment is the manner of appointment of senior officials of the new local authorities. The necessary consequence of reducing the number of authorities and increasing their power in relation to their predecessors is to increase also the power and responsibilities of the leading officials. In these new circumstances the opportunity arises for giving serious consideration to the manner of their recruitment and appointment, and in particular whether this important function should ‘be left to the discretion of the elected authorities subject, in the case of top grade appointments, to approval of the Ministry of Development, or whether some central body or authority should not be responsible for the making of such appointments. We do not doubt - from what we saw and heard - that some such procedure on appointments would materially increase confidence in both the efficiency and impartiality of the local government administrators. Such a procedure would go far to assimilate at least senior posts in the reorganised local government to the structure of appointments in the Northern Ireland Civil Service. It would seem to us in light of all we have heard, that a good case could ‘be made for the creation of a ‘public service’ and for the discharge by it both of central and local government functions in the particular circumstances of Northern Ireland, in view of its comparatively small population and of the nature and scope of the changes in local government structure which are now foreshadowed.

‘127. It will be convenient to deal first with the part which the sense of resentment and grievances unredressed played in the causation of these outbreaks. In order to assess this, it is necessary to consider whether and to what extent that sense was artificially engendered or stimulated, and also the degree to which it appears to have a substantial ‘basis. The weight and extent of the evidence which was presented to us concerned with social and economic grievance or abuses of political power was such that we are compelled to conclude that they had substantial foundation in fact and were in a very real sense an immediate and operative cause of the demonstrations and consequent disorders after 5th Oct, 1968. For this reason we took careful note of this very large body of evidence coming as it did from many individuals and organisations, and in a number of cases supported by statistics and documents themselves factual and not open to challenge on the score of their accuracy. At the same time we have to emphasise that it was not within our power or remit to conduct a detailed enquiry or form concluded judgments into or upon individual claims of discrimination or abase of power ‘by prevalent majorities in certain local authorities, and we seek to pass no judgment on the many specific and individual eases which were brought under our notice. These in so far as they relate to matters of genuine grievance would appear to fail appropriately within the jurisdiction of the proposed machinery for dealing with grievances against local authorities. We should record however that in the evidence presented to us from many responsible individuals and bodies, predominantly Protestant and non-Nationalist in purpose or outlook, there was a frank recognition that this widespread sense of grievance among Catholic people in Northern Ireland was justified in fact and called urgently for remedy.’

"In County Fermanagh no senior council posts (and relatively few others) were held by Catholics: this was rationalised by reference to ‘proven loyalty’ as a necessary test for local authority appointments. In that County, among seventy-five drivers of school ‘buses, at most seven were Catholics. This would appear to be a very clear case of sectarian and political discrimination." - par 138.

‘22. I regarded with particular seriousness the complainant’s allegation that he had been discriminated against on religious grounds. When I put this allegation to the Chief Education Officer and the Transport Officer, they assured me that they were not aware that the complainant is a Roman Catholic. I was satisfied to accept these assurances and I have found no evidence to suggest that religion was a factor which played any part in the Council’s decision as to who should be appointed to the post of Foreman/Mechanic.’

‘53. I have found it difficult in almost every ease of this kind so far to obtain factual information about the numbers of Protestants and Roman Catholics employed by the bodies concerned. Indeed the initial response to a request from me for information tends to be "We do not know how many Protestants and how many Catholics we employ. We never ask questions of this kind. And we do not think that we should be asked to find out." It is, however, to my mind unconvincing in the Northern Ireland situation for the head of a small office or other group of workers to claim not to know pretty accurately how many of his staff are Protestants and how many are Roman Catholics, and correspondingly for a chief officer to claim that he has no means of finding this out.

‘54. It is, course, sincerely to be hoped that the day may soon come when there will ‘be no need for questions of this kind to be asked. But so long as complaints of discrimination in employment are made and so long as it is my duty to investigate them, I fail to see how I can begin to tackle what is in any case an extremely difficult task, unless I can get the necessary factual information. I have therefore no option but to look for information of this kind in certain cases and to seek the co-operation of chief officers in helping me to obtain it.’

14 - Fair Representation

Commitment in the Communique of 29 August 1989:

To assure the proper representation of minorities at the elected levels of government by completely fair electoral laws, practices and boundaries and at nominated and appointed levels by a recognition that such minorities have a right to an effective voice in affairs.

Action:

Before the Downing Street Declaration, an Electoral Law Bill (which subsequently became law on 25 November 1969) had already been introduced into the Northern Ireland Parliament to institute universal adult suffrage (or one man one vote) for local council elections, where the franchise had previously been restricted to ratepayers. It also introduced votes for all at the age of 18 in both Parliamentary and local council elections. Elections for the Stormont Parliament had always been on the basis of universal adult suffrage. The first full local government election under the new system is expected in late 1972 following the re-organisation of local government. Meanwhile under the Electoral Law Act (Northern Ireland) 1971 which became law on 25 February 1971 all by-elections to local councils are being conducted on the basis of one man one vote and universal suffrage at the age of 18.

In the context of local government re-organisation, local government boundaries are being re-drawn, as described in paragraph 27.

The new Ministry of Community Relations has the task of keeping under review, in conjunction with other Departments, the question of fair representation of the whole community on public boards and bodies. The Minister of Community Relations has asked Members of Parliament for the names of representative people prepared to serve and has undertaken to give consideration to all such suggestions.

15 - Public Employment: The Northern Ireland Civil Service

Commitment in the Communique of 10 October 1969:

While it was recognised that the Northern Ireland Civil Service deservedly enjoyed a high reputation for fairness and impartiality in its employment practices, the Northern Ireland Government agreed to take action on a few minor aspects which might be open to criticism and to extend the powers of the Parliamentary Commissioner for Administration to cover personnel matters in the Civil Service.

Action:

Minor changes in relation to the composition and scope of the Civil Service Commission and to recruitment boards for the administrative, professional and executive classes have been introduced. The powers of the Parliamentary Commissioner for Administration are extended by Order in Council to cover personnel matters in the Civil Service with effect from 1 April 1970.

 

16. - Public employment: Declarations of equality of employment opportunity

Commitment in the Communique of 10 October 1969:

In those parts of public employment where the government was not a direct employer, to require each employing body to make a declaration that its aim was to have equality of employment opportunity without regard to religious or political considerations.

Action:

The Ministry of Community Relations has been given the task of obtaining declarations from public bodies and local authorities. All statutory bodies and local authorities have now made a declaration of equality of employment opportunity.

 

17. - Public employment: Codes of employment procedure

Commitment in the Communique of 10 October 1969:

To require every public body in Northern Ireland to adopt an approved code of employment procedure.

Action

The Ministry of Community Relations has been charged with the responsibility of ensuring that model codes are evolved and adopted by local authorities and public bodies. All statutory bodies have adopted acceptable codes of employment procedure and all local authority associations have evolved model codes of employment procedure which are in the course of adoption by local authorities.

 

18. - Public employment: Local Government Staff Commission

Commitment in the Communique of 10 October 1969:

To establish a permanent statutory Local Government Staff Commission with strong advisory powers to assist local authorities in the selection of candidates for senior and designated appointments and with a continuing duty of reviewing appointment procedures; and to establish an Interim Commission acting on a non-statutory basis to fulfil these functions while the structure of local government was being reviewed.

Action:

An interim Staff Commission was established in June 1970 under the chairmanship of Sir Cecil Bateman, K.B.E., and is fully operational on a non-statutory basis. The legislation for a Permanent Staff Commission for local government will be brought forward in the autumn of 1971 and the Permanent Commission win take over from the Interim Commission on a date to be fixed. A temporary staff commission for employees in the health and personal social services has also been established under the health Services Act (Northern Ireland) 1971 and the Welfare Services Act (Northern Ireland) 1971 to deal with the problems raised by re-organisation.

 

19.- Public employment: Study of Public Service Commission Commitment in the Communique of 10 October 1969:

To make a further study of the idea of a Public Service Commission concerned with certain aspects of stalling throughout the public sector including both local government service and the Civil Service.

Action:

The idea of a Public Service Commission covering both the Civil Service and the local government service has been examined in detail by the Civil Service Management Division of the Ministry of Finance. It has been decided that the implementation of the proposal would he too complicated to achieve in the very tight timetable laid down for local government re-organisation and that until re-organisation is fully established the Civil Service Commission and the new Local Government Staff Commission should deal separately with staff matters in the Civil Service and in local government. The idea of a Public Service Commission will then be re-considered. In the meantime. the Government has established a Working Party to look into the question of central training arrangements and organisation for the whole of the Public Service in Northern Ireland The Chairman of this body will be Mr. Paul Osmond, C.B., a Deputy Secretary in the Lord Chancellor’s Department in London who has had considerable experience in the Civil Service Department on training matters.

"To provide, by a proper system of examination, for the supply of the public service with a thoroughly efficient class of men.

To encourage industry and foster merit, by teaching all public servants to look forward to promotion according to their deserts, and to expect the highest prizes in the service if they can quality themselves for them."

"I have 109 officials, and so far as I know, four of them are Roman Catholics, three of whom were Civil Servants turned over to me, whom I had to take on when we began"

"Another allegation made against the Government, and which is untrue, is that of 31 porters at Stormont, 28 are Roman Catholics. I have investigated the matter and I have found that there are 30 Protestants, and only one Roman Catholic, there only temporarily.

"It has been stated that the two gate-lodges at Stormont are occupied by Roman Catholics. The truth is that they are occupied by two Protestant disabled ex-servicemen."

"We are satisfied that all these Unionist controlled councils have used and use their power to make appointments in a way which benefited Protestants. In the figures available for October 1968 only thirty per cent of Londonderry Corporation’s administrative, clerical and technical employees were Catholics. Out of the ten best-paid posts only one was held by a Catholic. In Dungannon Urban District none of the Council’s administrative, clerical and technical employees was a Catholic.

In County Fermanagh no senior council posts (and relatively few others) were held by Catholics: this was rationalised by reference to ‘proven loyalty’ as a necessary test for local authority appointments. In that County, among about seventy-five drivers of school buses, at most seven were Catholics. This would appear to be a very clear case of sectarian and political discrimination. Armagh Urban District employed very few Catholics in its salaried posts, but did not appear to discriminate at lower levels. Omagh Urban District showed no clearcut pattern of discrimination, though we have seen what would appear to be undoubted evidence of employment discrimination by Tyrone County Council.

"It is fair to note that Newry Urban District, which is controlled by non-Unionists, employed very few Protestants. But two wrongs do not make a right; Protestants who are in the minority, in the Newry area by contrast to the other areas we have specified, do not have a serious unemployment problem, and in Newry there are relatively few Protestants, whereas in the other towns Catholics make up a substantial part of the population. It is also right to note that in recent years both Londonderry and Newry have introduced a competitive examination system in local authority appointments." (para 138).

- There are no Catholics holding senior rank in any of the establishment divisions of any Ministry.

- There are no Catholics in the private office of any Minister.

- There are no Catholics in the senior ranks of the professional grades of the Ministry of Finance.

"It is not difficult for a body if so inclined to profess policies of impartial selection and to point to ostensibly proper procedures whilst yet following discriminatory practices" (para. 51).

"To advise on the steps necessary to ensure the smooth transfer of staff front local authorities and the Northern Ireland Housing Trust to the proposed Central Housing Authority and to such Other new authorities as may be established for the administration of local services and in particular -

(a) to advise on the filling of senior and designated posts falling vacant in the interim and transitional period before final decisions on the future administration of local services are taken and implemented;

(b) to keep under review the arrangements for the recruitment of staff by the new authorities and for the transfer of staff from existing local authorities and the Housing Trust to the proposed Central Housing Authority and to such other new authorities as are established;

(c) to advise on the steps necessary to safeguard the interests of all staff likely to be affected by the transfer of local services;

(d) to consider such other staffing problems arising out of the transfer of local services as may be referred by the Ministries concerned."

20. - Anti-discrimination clause in Government contracts

Commitment in the Communique of 10 October, 1969:

To introduce an anti-discrimination clause in all Northern Ireland Government contracts.

Action:

On 22 June, 1971, the Prime Minister of Northern Ireland announced that those tendering for any Northern Ireland Government contract advertised after that date will be required to complete an undertaking not to practise any form of religious discrimination in the performance of the contract.

A similar requirement will apply to a contract where the Northern Ireland Government meets one hundred per cent, of the cost and another body acts as its agent.

No tenders will be considered from a contractor who falls to complete the undertaking. Any person who considers he has been discriminated against in his employment or intended employment may complain to the Department which has appointed that contractor who will refer the complaint to the Parliamentary Commissioner for investigation.

21.- Review of other forms of discrimination

Commitment in the Communique to 10 October, 1969:

To consider what future action to prevent discrimination in other fields might be desirable.

Action:

Action has already been taken, as described in the preceding paragraph, to prevent discrimination in employment within the private sector in relation to Government contracts. The Government has now begun. to turn its attention to the possibility of further initiatives in the private sector. Progress in preventing discrimination within that part of the private sector which is not directly amenable to Government control depends on the active co-operation of employers and the trade union movement, and account has to be taken of practical problems in a wide variety of different locations and circumstances. It is important to distinguish discriminatory practices as such from the whole complex of factors such as accidents of location, the particular blend of industrial skills required in the labour force, or traditional methods of recruitment - which affect the. balance of employment in any given concern.

Accordingly, further detailed consultation with representative employer and trade union interests will be required to determine the most practicable means of ensuing continued progress in this field.

"Many in the audience employ Catholics but I have not one about my place. Catholics are out to destroy Ulster with all their might and power."

"When I made that declaration last ‘twelfth’ I ‘did so after careful consideration. What I said was Justified. I recommended people not to employ Roman Catholics, who were 99 per cent disloyal."

"Traditionally also ‘the work in Belfast shipyard was controlled by the shipyard ‘bosses’ who ‘were bowler-hatted foremen who hired and fired, awarded piece work and ensured promotion. They used the Orange Order as a system of patronage which the unions say is only now being eradicated and which has conditioned workers’ attitudes for over a century."

22. - Housing allocation

Commitment in tile Communique of 29 August 1969:

To introduce a points scheme for housing allocation as originally proposed in the five point reform programme announced by the Northern Ireland Government in November, 1968.

Action:

The Ministry of Development has prepared a model points scheme which was accepted as being soundly based in the 10 October Communique. In the interim period before the effective operation of the Northern Ireland Housing Executive, the Northern Ireland Government has ensured that all public authority housing is allocated on a points scheme, based on the Ministry of Development’s model code. The creation of a Northern Ireland Housing Executive, discussed in paragraph 26, was also designed, amongst many other things, to end allegations of sectarian discrimination in housing allocations.

23. - Ministry of Community Relations

Commitment in the Communique of 29 August 1989:

To designate a Minister with special responsibility for community relations.

Action:

A Ministry of Community Relations was set up under the Ministry of Community Relations (Northern Ireland) Act 1969 which became law on 28 October 1969. The first Minister of Community Relations, Dr. Robert Simpson, M.P., was initially appointed as a Minister of State in the Prime Minister’s Department, before the creation of his Ministry. Mr. David Bleakley succeeded Dr. Simpson on 25 March, 1971. The Ministry has been involved in monitoring the progress of work in implementing the Joint Communiques, in advising other Departments on community relations aspects of their work, in carrying out its obligations in relation to the Community Relations Commission, and in administering the Social Need (Grants) Act (Northern Ireland) 1970 which became law on 9 June 1970 and empowers the Ministry to pay grants normally of 75 per cent. to local authorities and voluntary bodies for projects designed to improve social amenities in urban areas suffering from social deprivation.

 

24 - The community Relations Commission

Commitment in the Communique of 29 August 1969:

To introduce legislation to set up a Community Relations Board to promote good relations between all sections of the community; half the numbers of the Board to be Protestant and half Roman Catholic.

Action:

The Community Relations Act (Northern Ireland) 1969 became law on 11 November 1969. The Act established the Community Relations Commission, a body independent of the Government. The duties of the Commission include encouraging the establishment of harmonious community relations and advising Northern Ireland Ministers on questions relating to community relations. The Commission is able to assist local bodies concerned with community relations, to provide training courses, to promote conferences and to undertake research. The Chairman of the Commission is Mr. Maurice Hayes and its membership is evenly balanced between Roman Catholics and Protestants. The Commission has been active in establishing a Community Development team to work in Belfast, Londonderry and other major towns, in convening conferences and in sponsoring research.

"The Party will work to heal those divisions in our community which have so far prevented Northern Ireland from fulfilling its best hopes."

25. - Incitement to Religious Hatred

Commitment in the Communique of 10 October 1969:

To keep under review the adequacy of the existing law against incitement.

Action:

The Incitement to Hatred Act (Northern Ireland) 1970 became law on 2 July, 1970. The Act imposes penalties for incitement to hatred and fur the circulation of certain false statements or false reports.

In order to found a prosecution under Section 1 of the Act, one must, firstly, show that the words published or used are threatening, abusive or insulting. But this is only the start. One must then show that they are likely to stir up hatred - not, as I have said, simply distaste or odium - and stir up hatred not against an individual or a number of persons but against a section of the public of Northern Ireland. And, further, this hatred must be hatred against people, not against a religious denomination or a church or a society, secret or otherwise.

Then there is perhaps the most important element of all and in many eases the most difficult of proof, that the person who, when he publishes or uses the words must have the intent to stir up hatred against a section of the public in Northern Ireland…

In other words - and the hon. Members opposite must recognise this - a person may use abusive language which is likely to stir up racial or religious hatred but the circumstances may show that he had no intent to stir up racial or religious hatred.

26. - The Northern Ireland Housing Executive

Commitment in the Communique of 10 October 1969:

To establish a Central Housing Authority.

Action:

The Housing Executive Act (Northern Ireland) 1971 Which provides for all public authority house-building and allocation to ho the responsibility of one central housing organisation, became law on 25 February 197L

The house-building target of the Five-Year Development Programme (1970-75) is 73,500 at a cost of nearly £300 million. This will represent a steep increase on existing output, even though the output of all Sew dwellings in the financial year 1970-71 was in itself a record figure of over 13,000.

The appointment of Mr. Desmond Lorimer as chairman of the new Housing Executive was announced on 4 March 1971. Five other members have been appointed by the Ministry of Development. The remaining three come from the Housing Council, a new advisory body representative of existing housing authorities.

The membership of the completed Executive was announced on 6 May 1971. The first full meeting was held within a week and the Executive at once undertook a study of the problems facing it. After extensive consultations, the Executive has publicly announced the programme which it wishes to carry out for taking over responsibility from existing housing authorities:

(a) The Executive will assume all the functions of the Northern Ireland Housing Trust on 1 October 1971;

(b) The Executive will assume all the housing functions of the Belfast Corporation about January 1972;

(c) The remaining local authorities having housing functions will become agents of the Executive under its policy control about April 1972;

(d) The functions of these authorities will be taken over fully not later than October 1972;

(e) Finally, the housing functions of the three Development Commissions will be taken over not later than April 1973.

A full statement was issued by Northern Ireland Housing Executive on 2 August 1971 on the progress made by the Executive and of its proposals for the assumption over a phased period of its full functions and responsibilities.

The establishment of the Central Housing Authority was made necessary by the failure of some local authorities in Northern Ireland to build houses where necessary and by a failure to allocate houses fairly.

27. - Local Government reorganisation

Commitment in the Communique of 10 October 1969.

Although the process of local government reorganisation was started several years before the Downing Street Declaration, the decision to establish a Northern Ireland Housing Executive had such important consequences that it was necessary to re-examine the whole sphere of local government reorganisation. For this re-examination, the Northern Ireland Government undertook to set up a Review Body which would be broadly based and include representatives of the two main religious denominations as well as of business, professional and trade union interests to review in conjunction with the Ministries in Northern Ireland and local authorities, current proposals for reshaping local administration and to advise on the most efficient distribution of the relevant functions under the Parliament and Government of Northern Ireland. This step was supported by the United Kingdom Government.

Action

An independent Review Body under the chairmanship of Mr. Patrick Macrory was appointed by the Minister of Development on 17 December, 1969. Its Report, completed on 29 May 1970, was debated in Parliament in October 197O, after which the Government carried out an intensive study of the recommendations in the Report and Parliamentary and public reactions to them. A major statement, made by the Prime Minister in the House of Commons on 17 December, 1970, laid down the principles on which a radical re-shaping of all local administration was to take place. Broadly, functions of a regional character such as health, personal social services, education, planning, roads, water, sewerage, fire service, electricity, electoral arrangements and many others were to be administered on a regional footing for the whole of Northern Ireland, while functions of a local or district character were to be administered on a local footing by twenty-six new District Councils operating in a new single-tier local government system. These decisions were subsequently debated in the House of Commons in January 1971 and given general endorsement.

Since then an intensive programme of action has followed.

Consultative Documents seeking to convert the principles of re-organisation into detailed administrative proposals were published in March and April 1971. A Local Government Consultative Committee representing the various categories of Local Authority has been actively at work, directly and through various sub-committees and working parties.

The first legislative step was embodied in the Local Government Boundaries Act (Northern Ireland) 1971 which provided for the appointment by His Excellency the Governor of a Boundaries Commissioner to recommend the boundaries and names of the twenty-six District Councils indicated in the Act and also the electoral districts or wards into which they are to be divided. The Act became law on 23 March 1971 and shortly afterwards a distinguished Lawyer, Mr. F. A. L. Harrison, Q.C., was appointed as Boundaries Commissioner. He commenced work at once. Time limits are embodied in the Statute with a view to ensuring that arrangements are in readiness for elections to he held to the new District Councils by the autumn of 1972, on new boundaries, new wards, universal franchise and votes at eighteen.

The Queen’s Speech at the Opening of the new Session of Parliament on 22 June 1971 summarized the many legislative measures which will be necessary to give effect to the widespread programme of re-organisation replacing the historic system of seventy-three local authorities by new regional and local arrangements and transferring some forty thousand local government staff to new employers. This quite unprecedented task is to be completed by 1 April 1973 when the Housing Executive, the five Area Education Boards, the four Health and Social Service Boards, the Ministry of Development regional services, the Ministry of Finance Regional Rating service and the twenty-six District Councils will all come into full operation.

28. - A New Committee System for the Northern Ireland Parliament.

The White Paper makes reference to "a new and important initiative not arising from either the Downing Street Declaration of the subsequent communiques." This was the Prime Minister’s proposal announced on 22nd June. 1971 for the establishment of three functional committees of the House of Commons covering the fields of Social Services, Environmental Services and Industrial Services. ‘Of the three functional committees, plus the Public Accounts Committee, the Opposition should provide at least two chairmen. These would be salaried posts.’

"Proper representation of minorities, to be assured at the elected levels of government by completely fair electoral laws, practices and boundaries, and at nominated or appointed levels by a recognition that such minorities have a right to an effective voice in affairs."

In a statement Messrs. O’Neill and Coll say: