Victims - the exploitation and injustice continues
23 March 2010
Challenge to Diane Dodds over her false election promise
Speaking today to a Victim’s Conference in Omagh, organised by West Tyrone Voice, TUV Leader Jim Allister QC said just two weeks ago on 10th March, countries and parliaments across Europe marked the annual ‘European Day for Victims of Terrorism’, “but here in Northern Ireland, which has known more terrorism than most, Stormont for the third successive year let the day pass unnoted.
“But, then when you have terrorists in government it would be rather embarrassing and contradictory to take such a solemn day under your notice You can't remember victims with victim makers.
“Likewise, it is worth pointing out that the EU definition of a victim is at total variance with the hideous Stormont definition.
“The European Framework Decision (2001/220/JHA). on the standing of victims, adopted on 15 March 2001, defined a victim as follows: ‘victim’ shall mean “a natural person who has suffered harm, including physical or mental injury, emotional suffering or economic loss, directly caused by acts or omissions that are in violation of the criminal law of a Member State.”
“That is a proper definition. It fits with the definition in The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, adopted by UN in 1985. The important thing to notice is that neither the EU nor UN definition can include a perpetrator of crime.
Yet, in Northern Ireland, a region which has more victims than most, the travesty is that equivalence has been granted to perpetrator and victim. This is because the Victims and Survivors Order of 2006 has this absurd definition that anyone affected by a "conflict-related incident" is classified as a victim. Thus, at a stroke, the Shankill Bomber is equated with the victims of his dastardly attack on the fish shop. This is obscene and wrong. If we had government worthy of the name, it would be changed. Unless that insult is addressed, then victims for ever will be disadvantaged and diminished in NI."
“I am appalled that in Northern Ireland OFMDFM continues to administer its victim responsibilities and funds under this obnoxious definition. How absurd, that if one of the Antrim or Craigavon murderers of last year had been hit by fire returned by the security forces - alas, they were not - then, he, in the eyes of the Stormont/OFMDFM definition, would equally have been a victim!
“The manner in which politics has been played with the core issue of the definition of a victim is quite disgusting.
“The DUP in particular has brazenly played politics with this issue. For years, and especially before every election, they grandstand by pretending they are determined to change the definition of victim to exclude perpetrators of violence.
“This was the promise of Diane Dodds, on behalf of the DUP, when campaigning for Europe: “Very soon, legislation will be brought before the Assembly to change the definition of a victim. It has been passed to the Bill Office and is at an advanced stage.” (Diane Dodds in a DUP press release, 16th April 2009)
“That is what the DUP deceptively promised us before the last election. Yet one year on no such legislation has been passed by the Assembly. The result is that after three years of devolution the atrocious definition of “victim” remains in The Victims and Survivors Order (NI) 2006. Nonetheless, with another election just weeks away, expect from the DUP the promise of another false dawn.
“The DUP’s disingenuous pretence that they will yet, after 3 years of “control”, right this wrong of Direct Rule, by having the definition changed in Stormont, only adds to the slight upon victims, because the DUP well knows that they have surrendered an absolute veto to nationalism over such change. Devolution which can’t even deliver a just definition of “victim” is devolution in hock to the forces of terrorism.
“The Bill establishing the Victims Commission, if adequately drafted, could have made the change but as part of their deal with Sinn Fein the DUP did not press the issue. They failed then and they continue to fail to deliver on this vital issue for innocent victims.
“Even at Hillsborough, where there was an opportunity to extract something in return for the massive concessions made to Sinn Fein on policing and justice, nothing was obtained for victims. If ever an opportunity existed to obtain the necessary consent to change the obscene definition of a victim this was it, but, sadly, the DUP didn’t even try! Feeding the insatiable demands of Sinn Fein, in order to keep Stormont open, was more important than getting justice for innocent victims.
“Hillsborough is but the latest staging post of failure in the treatment of the innocent in this land.
“The injustice of the definition is such that it is a matter which will not go away. It will have to be addressed, it will have to be changed and let no one here today ever weaken in that determination. There is no more just cause than this.”
