The North's police will play their part in addressing the legacy of years of violence - not least 1,800 unsolved murders - though the shape of a truth process must be a matter for politicians, writes PSNI Chief Constable Hugh Orde
Following my appointment as Chief Constable of the Police Service of Northern Ireland in September 2002, I was faced with many difficult and emotive challenges. I was, however, struck quite forcibly by the need to address more fundamentally and comprehensively one of the starker legacies of the Troubles, that is, the unanswered questions around over 2,000 deaths. These include over 1,800 unsolved murders and some 300 security-related deaths.
Over the last year in particular I have endeavoured to encourage a debate around how we can deal with history in Northern Ireland, not least because of the impact that investigating the past continues to have on policing the present.
Somewhat inevitably given the sensitivity of the issues, my contributions have provoked a variety of responses. There has been support from Prof Desmond Rea and Denis Bradley of the Policing Board while others have sought to undermine the idea by querying my motivation or challenging my right to engage.
I recognise that the difficult history of Northern Ireland has created many different interpretations of the past. It is not surprising, then, that the prospect of creating a victim-orientated process that would allow individuals to tell their story, without demands for revenge, punishment or retribution, may well seem so daunting or potentially divisive that it is easier to rubbish it or place it firmly in the "too difficult" tray rather than grasp it as an opportunity for progress.
That having been said, I am clear that my role is limited. Therefore, the primary focus of my contribution to this debate remains how failure to face up to the past impacts on present-day policing.
It is for Northern Ireland's politicians and for government - most notably the Secretary of State through his consultation process - to meet some of the more profound challenges inherent in devising a truth process, including those alluded to by Prof Nigel Biggar in this newspaper recently, such as amnesties and those individuals whom he describes as still considering the past as "something of a home".
In previous reflections on this subject I have advanced the view that there are three broad strands to dealing with history, namely, conciliation, compensation, and investigation. These three strands must also be supported by a legal underpinning of the entire process.
I am absolutely clear that the first two, conciliation and compensation, are matters for others. The legal issues around amnesties and statutes of limitation are ones for government, but unless they are addressed I fear the legal game will be played at the cost of the truth, which could disappear under the welter of legal argument.
These legal issues also have a bearing on the third strand, investigation, which is a matter for police. Prof Biggar correctly points to statements I have made to the effect that the police are not currently funded to deal with history. But that debate is moving on.
In recent months, both I and senior colleagues have worked closely with the Northern Ireland Office to seek to formalise and fund a special unit to review old cases. It is a massive challenge that would be unique in policing. No one has ever tried to work through such a complex group of unsolved crimes spanning over 30 years. I believe that with government support and funding, proper structures and the right personnel, we can meet that challenge.
It is important to emphasise, however, that this work must not be seen as some alternative to a wider truth commission. Neither should it be dismissed as an effort by police to avoid independent examination of its own activities or as a means of avoiding difficult questions for the security forces. Rather it should be viewed as a significant contribution to a broader process to address the past.
Before my current appointment I worked for nearly three years on the Stevens Inquiry investigating the murder of Patrick Finucane. This gives me some insight into how hard it is to obtain evidence to convict suspects in old cases. While we were, in policing terms, successful in convicting the killer of Mr Finucane, it was achieved with substantial resources that simply could not be applied to the huge number of outstanding cases.
Our case review process could categorise all unsolved crimes and reinvestigate where we identify new or missed opportunities. At the very least, in all cases where there is little more we can do, we could communicate that which we do know to families and friends of victims.
I have met fathers and mothers, brothers and sisters, sons and daughters - people from all sides who struggle with simple questions about the deaths of their relatives. Often they just ask how or why, believing that these details will bring acceptance. I believe them when they say they just want to know what happened. Many have accepted that prosecutions may never be possible. They are simply looking for someone to tell them the story of how their relative died.
I have read many files where legal advice militates against communicating this information and I think we need a radical approach in which we form a judgment predicated on the assumption of maximum - not minimum - disclosure to families.
In a few cases human rights law will restrict full disclosure to families as the release of information could make some individuals vulnerable to attack. There may also be some cases where the prospect of prosecution restricts what we can say, but these will be in the minority and people will understand these matters if they are properly explained.
The Police Service of Northern Ireland is moving on and we are determined to contribute in the area where we can add most value to bringing closure. It is a huge piece of work and it has to be complemented by the work of others.
Nelson Mandela has said that reconciliation can only be achieved when one generation chooses to stand still. It may be that if we can provide answers to simple questions we can give a generation the information, strength and resolve they need to move on.
Hugh Orde is Chief Constable of the Police Service of Northern Ireland