The Best of the Bureau/The_Best_of_the_Bureau_Bureau_Development_Inc._1992.iso/dp/0050/00506.txt

Text File | 1992-08-07 | 36KB | 585 lines

$Unique_ID{bob00506}
$Pretitle{}
$Title{United Kingdom
Community Relations}
$Subtitle{}
$Author{Embassy of the United Kingdom, Washington DC}
$Affiliation{Embassy of the United Kingdom, Washington DC}
$Subject{northern
ireland
united
kingdom
government
per
community
terrorism
cent
prisoners
see
pictures
see
figures
}
$Date{1990}
$Log{}
Title:       United Kingdom
Book:        Northern Ireland
Author:      Embassy of the United Kingdom, Washington DC
Affiliation: Embassy of the United Kingdom, Washington DC
Date:        1990

Community Relations

     In the Government's view it has a responsibility to formulate and sponsor
policies for the improvement of relations between the two traditions in
Northern Ireland and to take all the steps necessary in the administration of
public services to improve these relations. While seeking to promote full
equality of opportunity and equity of treatment, the Government also considers
that contact between the two traditions should be increased in order to reduce
suspicion and prejudice and build on the things that they have in common.

     The Government has established a Central Community Relations Unit which
reports to the Secretary of State on all aspects of community relations
policy. The work of the Unit is guided by a steering group of senior officials
from all the Northern Ireland departments and the Northern Ireland Office
under the chairmanship of a government minister. The role of the Unit is to
consider community relations issues in new and existing government policies
and to develop new ideas about improving community relations and supporting
those on the ground who are working to improve relations and reduce prejudice.

     The Government has also increased the existing annual community relations
budget of the Department of Education by 250,000 Pounds to support projects
directed at young people which are designed to promote cross-community
contact and understanding. Additional funds have also been made available
to organisations such as Corrymeela Community, the Columbanus Community and
the Community Relations in Schools Group which work towards reconcillation
between the two traditions, particularly in schools. The Government has also
emphasised the important role the youth service can play in promoting mutual
understanding and there is to be an increased programme of in-service training
for teachers to promote education for mutual understanding programmes in
schools. Curriculum guidelines for schools on education for mutual
understanding are also in preparation.

Emergency Powers

     In order to protect the public against terrorism, emergency legislation
has been enacted which gives the authorities exceptional powers to deal with
and prevent terrorist activities. The legislation, embodied in three Acts of
Parliament, takes full account of the need to achieve the proper balance
between the safety of the public and the rights of the individual: it must
be reviewed regularly by Parliament and has been subject to independent
scrutiny on a number of occassions.

     The Northern Ireland (Emergency Provisions) Acts 1978 and 1987 (first
introduced in 1973) are subject to annual independent review and to renewal
annually, and will lapse in 1992. If similar measures are still necessary,
they will have to be re-enacted by Parliament. The legislation provides the
security forces with special powers to search, question and arrest people
suspected of being involved in terrorism and enables the Secretary of State
to proscribe terrorist organisations. The Provisional IRA, the Irish National
Liberation Army, the 'loyalist' Ulster Freedom Fighters, and the Ulster
Volunteer Force have all been proscribed. It also provides for certain
'scheduled' (terrorist-type) offences to be tried by a High Court judge
sitting alone without a jury. The ending of jury trials for such offences
became necessary partly because of the intimidation of juries and partly
because of the danger in a divided community of juries reaching perverse
verdicts. The courts, often known as 'Diplock courts', were introduced in 1973
after the report of an independent commission chaired by Lord Diplock, an
eminent judge, had concluded that trial by jury was not practicable for
certain types of offence. (The Attorney-General has discretion, however, to
send certain cases for trial by jury and has increasingly done so in recent
years.) In spite of the absence of a jury the central principles of British
justice are maintained: the trial is in public; the onus is on the prosecution
to prove guilt beyond reasonable doubt; and the defendant has the right to
take legal advice and to be represented by a lawyer. As a safeguard to
ensure that the absence of a jury does not lower the standards of justice
there is an automatic right of appeal against both conviction and sentence
without the normal requirement to seek leave to appeal. A person charged has,
therefore, the opportunity of having his or her case heard by four judges
(one initially and three on appeal). The procedures conform to the principles
of the European Convention on Human Rights and the United Nations Covenant
on Civil and Political Rights.

     There is a legal aid and advice scheme enabling people of modest or no
financial means to obtain legal representation by a solicitor or counsel of
their choice.

     Emergency powers are also contained in the Prevention of Terrorism
(Temporary Provisions) Act 1984, first introduced in 1974, which is applicable
throughout the United Kingdom and renewable every 12 months. The Act empowers
the Home Secretary or the Secretary of State for Northern Ireland to make
exclusion orders against anyone connected with terrorism related to Northern
Ireland affairs, who is not a British citizen or who is a British citizen not
normally resident in the United Kingdom. Similar orders can be made against
non-residents of Great Britain preventing them from entering Great Britain
and against non-residents of Northern Ireland preventing them from entering
Northern Ireland. The Act also gives the police powers to arrest without
warrant people whom they reasonably suspect of being involved in terrorism
(whether international or related to Northern Ireland) and to hold them
for 48 hours, and with the approval of the Home Secretary or the Secretary
of State for Northern Ireland for up to a further five days. The Act provides
for security checks to be made on people travelling between Great Britain
and Ireland, makes it an offence to withhold information about acts of
terrorism, and allows for the proscription of terrorist organisations.

     The prevention of terrorism legislation has been the subject of a major
review and a new Bill to replace the Act, which expires in 1989, has been
drawn up. The Bill retains the existing powers and new provisions would
make it a criminal offence to handle, give or receive funds for use in the
furtherance of, or in connection with, terrorism. Once passed by Parliament,
the legislation will have no expiry date but will be renewable annually in
whole or in part.

     Further measures to combat terrorism are embodied in the Criminal
Jurisdiction Act 1975 which empowers courts in Northern Ireland to try
persons accused of committing terrorist offences in the Irish Republic:
reciprocal legislation is in force in the Republic.

     Extradition of suspected terrorists is regarded as an important weapon
against terrorism. The Irish Republic legislation, which enabled it to ratify
the European Convention on the Suppression of Terrorism, came into effect on
1 December 1987. Britain's supplementary extradition treaty with the United
States and the use of existing extradition arrangements with a number of other
countries are all indicators of international support in combating terrorism.

     A draft Order to amend the general criminal law in Northern Ireland
relating to evidence both before and during trial was approved by Parliament
in November 1988. Under this legislation a court will be