Platform: Victims and survivors have been disappointed for too long

Saturday May 11 marked exactly one year since I was appointed Chief Commissioner designate of the Independent Commission for Reconciliation and Information Recovery. This is an opportunity, therefore, to reflect on what I have learned.

There have been various attempts to address the legacy of the past. Perhaps the most successful of the previous practical approaches was the Historical Enquiries Team (HET), whose remit was to examine comprehensively deaths during the period and secure the confidence of the community.

That work gave answers to some victims and survivors but the abrupt closure of the team in 2013 severely undermined the trust and confidence of many of those whose cases had not been addressed. Now, more than 10 years on from the HET closure, I am acutely aware of the sense of abandonment felt by many victims and survivors and the deep distrust of anyone purporting to provide a way forward.

I also established the Legacy Inquest Unit which came into being just before the pandemic. It provided vindication and answers for some and parliament’s decision to put an end to coroners’ inquests has given rise to similar feelings about the search for truth and justice.

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I spent the first six months after my appointment engaging with victims and survivors’ organisations as well as community groups, many of whose members were directly affected by the Troubles/conflict. I am well aware that the 1998 Agreement did not provide any mechanism for dealing with the impact of the past on our community. What was made clear to me during those meetings was that the long-standing failure to implement a comprehensive approach to the examination of events during the Troubles has left a legacy of hurt and distress for those affected and their families.

Some victims and survivors have responded to this by pursuing litigation. I commend the way in which the courts have facilitated that process but the difficulty with complicated litigation of this kind is that it takes time. And if litigation is the only approach taken there would be no work done on their cases during that period, resulting in yet further damaging delay.

A do-nothing-in-the-meantime approach will not work for many victims. That is why, in the second six months of my year, the Commission has focused on putting in place mechanisms to support victims, survivors and their families and establish our independence.

I recognize that victims, survivors and families have faced disappointment and delay in their search for answers in the past and that trust and confidence must be earned

One of the most important mechanisms is the application of a trauma and resilience informed model, widely used in the United States of America and developed for application in the Commission by Assistant Commissioner Lesley Carroll. This will ensure, among other things, an identified support worker for those referring cases to the Commission from start to finish.

I recognize that victims, survivors and families have faced disappointment and delay in their search for answers in the past and that trust and confidence must be earned. That was the lesson I learned from setting up the Legacy Inquest Unit and it remains true today.

The Commission has now started its work. Victims and survivors have been disappointed for too long. We need to deal with this now.

:: Sir Declan Morgan is a former Lord Chief Justice of Northern Ireland and the Chief Commissioner of the Independent Commission for Reconciliation and Information Recovery.