Former republican and loyalist paramilitaries could work in community restorative justice (CRJ) schemes under new guidelines published yesterday by the North's criminal justice minister David Hanson, writes Gerry Moriarty, Northern Editor
Former IRA, UVF and UDA members will be entitled to apply to join these local justice schemes as long as their convictions for paramilitary offences, up to and including murder, were before the Belfast Agreement of April 10th, 1998, Mr Hanson has proposed.
This is one of the most controversial recommendations contained in these consultation proposals designed to regulate how future British government-funded CRJ schemes should work.
Mr Hanson admitted yesterday that the consultation proposals he published in December did "not get it right" and were "not robust enough to command public confidence".
There were 56 responses to the original guidelines, most of them opposed to what respondents such as the SDLP and the McCartney sisters warned could create a form of "vigilantism" in local communities with former republican and loyalist paramilitaries respectively policing their own areas.
The minister has tightened up these latest draft guidelines in his 12-week consultation paper so that all officially sanctioned and funded schemes engage directly with the PSNI.
This proposal refers specifically to 14 CRJ projects operating in republican areas, where the organisers refuse to co-operate with the police. Those involved in loyalist schemes deal with the PSNI.
Under the December proposals, organisations such as the North's Probation Board or Youth Justice Agency could act as an intermediary between the organisers of republican schemes and the PSNI.
But now Mr Hanson has insisted there must be "direct engagement" with police. "This is absolutely non-negotiable," he said yesterday.
Current unofficial schemes receive charitable funding but this is expected to dry up shortly. Mr Hanson made clear yesterday that if republican CRJ scheme organisers did not endorse new proposals they would not receive funding.
Former paramilitaries who committed offences before April 1998 or even offences three or more years ago could be members of the CRJ schemes. A special panel drawn "from the relevant statutory bodies" will be formed to decide on the suitability of people who apply to work in CRJ schemes. They will have access to the criminal records of applicants.
Those barred from working with children or vulnerable adults will be barred from CRJ projects. Those who committed "serious arrestable offences" after April 1998 "may be subsequently proscribed" from membership of schemes. Those who committed such offences three or more years ago "may" also be banned from membership.
Mr Hanson said: "The regulation of restorative justice schemes in Northern Ireland was a key recommendation of the Criminal Justice Review which itself was central to the Good Friday agreement.
"But any schemes which go ahead must be locked into policing and comply fully with the rule of law.
"Society would not tolerate officially approved schemes becoming a tool for local paramilitary control and nor will the government. Either we get it right or we don't do community restorative justice at all."
CRJ schemes relate to cases which might not require court charges - essentially anti-social behaviour cases - and which can be settled at local level with the the CRJ scheme providing mediation between crime perpetrator and victim.
It is for the North's Public Prosecution Service (PPS) to decide what issues can be settled through these schemes which would have the power to recommend penalties such as apologies and reparation work.
Those participating will do so on a voluntary basis although opponents of the schemes warned that some people might feel compelled through fear to engage in the projects.