TACKLING TERRORISM
Tackling terrorism
JOINT APPROACH: powers have their limitations
TODAY'S meeting between Tony Blair and Bertie Ahern symbolises the joint response by the British and Irish governments to the horrors of Omagh. Both Parliament and the Dail are to be recalled next week to pass legislation which the two leaders describe as "draconian", introducing new powers to convict those still wedded to violence. Yet when the fine print is examined, the new laws could be less sweeping than their presentation would suggest.
Clearly they have been targeted specifically with the perpetrators of the Omagh atrocity in mind - the Real IRA. From all accounts the police on both sides of the border know exactly who were the planners and the operatives behind this outrage - and other bombings that preceded it. They cannot be reached by the existing laws, so new rules have been drawn up to make it easier for them to be convicted.
There are some differences between the legislation that is proposed in London and Dublin, but the main thrust is the same. Suspects can be convicted on the word of a senior police officer and refusal to answer questions or co-operate with an inquiry can be taken as evidence of guilt. Mr Blair has thrown his net a little wider, to include groups who use Britain as a base for terrorism elsewhere, but has stopped short of Dublin's move to confiscate land used for terrorist purposes or to create an offence of "training" subversives.
If the police say they need these powers, because of the ability of the godfathers to evade detection, they must have them. It is regrettable that there is no mention of re-introducing internment powers, when Dublin keeps them in reserve - and when they could only be used effectively north and south. The main concern, however, must be in the distinction which the new laws make between one brand of terrorist and another.
Mr Blair has made it clear that the legislation will only apply to members of proscribed organisations which are ineligible for early prisoner releases. In other words, it cannot be used against the Provisional IRA, the UFF or the UVF, because they are on ceasefire, despite the fact that the Chief Constable believes they have been involved in recent violence. The punishment beatings and shootings continue, inflicting terrible injuries and even death, but the full rigour of the new laws will not be applied to the perpetrators.
It is impossible to draw a line between "bad" and "extra bad" terrorists. They all hold on to their weapons, and the only difference is that while one lot use them to terrorise their own communities, the other use them against everyone. One is passive, waiting to see if the Good Friday Agreement can deliver what it wants, while the other is against it, rejecting the verdict of the people, north and south.
These are very dangerous times, before the Assembly has been seen to work and before the formation of a power-sharing executive, a North-South council and its implementation bodies. Before, even. First Minister David Trimble feels confident enough to talk to Gerry Adams.
Mr Blair must hope that the new laws will help to provide a safer atmosphere in which the political structures or the Good Friday Agreement will begin to take effect, overcoming the present obstacles. If they are applied by the courts in the way that is intended, and if the right people, well known to the police, are put behind bars, they may serve their purpose.
They contain considerable limitations, however, and the fundamental questions still remain. How can the constitutional parties, and leaders, accept others with paramilitary associations as equals, while there is no real co-operation on decommissioning and while they remain "ready for war"? The law must be effective against the Real IRA, but there must also be a voluntary decision, by other illegal organisations, to fully accept that politics has superceded terrorism, forever.
JOINT APPROACH: powers have their limitations
TODAY'S meeting between Tony Blair and Bertie Ahern symbolises the joint response by the British and Irish governments to the horrors of Omagh. Both Parliament and the Dail are to be recalled next week to pass legislation which the two leaders describe as "draconian", introducing new powers to convict those still wedded to violence. Yet when the fine print is examined, the new laws could be less sweeping than their presentation would suggest.
Clearly they have been targeted specifically with the perpetrators of the Omagh atrocity in mind - the Real IRA. From all accounts the police on both sides of the border know exactly who were the planners and the operatives behind this outrage - and other bombings that preceded it. They cannot be reached by the existing laws, so new rules have been drawn up to make it easier for them to be convicted.
There are some differences between the legislation that is proposed in London and Dublin, but the main thrust is the same. Suspects can be convicted on the word of a senior police officer and refusal to answer questions or co-operate with an inquiry can be taken as evidence of guilt. Mr Blair has thrown his net a little wider, to include groups who use Britain as a base for terrorism elsewhere, but has stopped short of Dublin's move to confiscate land used for terrorist purposes or to create an offence of "training" subversives.
If the police say they need these powers, because of the ability of the godfathers to evade detection, they must have them. It is regrettable that there is no mention of re-introducing internment powers, when Dublin keeps them in reserve - and when they could only be used effectively north and south. The main concern, however, must be in the distinction which the new laws make between one brand of terrorist and another.
Mr Blair has made it clear that the legislation will only apply to members of proscribed organisations which are ineligible for early prisoner releases. In other words, it cannot be used against the Provisional IRA, the UFF or the UVF, because they are on ceasefire, despite the fact that the Chief Constable believes they have been involved in recent violence. The punishment beatings and shootings continue, inflicting terrible injuries and even death, but the full rigour of the new laws will not be applied to the perpetrators.
It is impossible to draw a line between "bad" and "extra bad" terrorists. They all hold on to their weapons, and the only difference is that while one lot use them to terrorise their own communities, the other use them against everyone. One is passive, waiting to see if the Good Friday Agreement can deliver what it wants, while the other is against it, rejecting the verdict of the people, north and south.
These are very dangerous times, before the Assembly has been seen to work and before the formation of a power-sharing executive, a North-South council and its implementation bodies. Before, even. First Minister David Trimble feels confident enough to talk to Gerry Adams.
Mr Blair must hope that the new laws will help to provide a safer atmosphere in which the political structures or the Good Friday Agreement will begin to take effect, overcoming the present obstacles. If they are applied by the courts in the way that is intended, and if the right people, well known to the police, are put behind bars, they may serve their purpose.
They contain considerable limitations, however, and the fundamental questions still remain. How can the constitutional parties, and leaders, accept others with paramilitary associations as equals, while there is no real co-operation on decommissioning and while they remain "ready for war"? The law must be effective against the Real IRA, but there must also be a voluntary decision, by other illegal organisations, to fully accept that politics has superceded terrorism, forever.
Further Information
Publisher: BELFAST TELEGRAPH
Ref: BT/0285
Published Date: 26-Aug-98
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