Oireachtas Joint and Select Committees

Thursday, 9 December 2021

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement

Business of Joint Committee
Engagement with WAVE Trauma Centre

Ms Sandra Peake:

I have been with WAVE for quite some time and have sat with families who have come through the RUC, the PSNI, An Garda Síochána and legacy and HET investigations. We deal with quite a number of families who are engaged in Operation Kenova. It is fair to say that at the start, they were very sceptical about what was a police-driven initiative led by an English police officer who was the chief constable of Bedfordshire police, Mr. Jon Boutcher. That operation was looking into the alleged actions of an informer who was involved in the army. People thought that it would be a whitewash or that they would get very little information. When we asked families at the start what level of trust and confidence they had in the process, we found that it was very low. They engaged but they did not expect to get anything from it.

Several things make Operation Kenova different from other legacy investigations and engagements with the police, one of which is the fact that it is victim-centred. Through their actions, those involved in that operation give honour and respect to the person who has died. Families are made to feel that their loved ones matter to the team. The team refers to them by name and they get to know the family.

The second issue is that there is continuity. A big problem with legacy investigations, including those involving An Garda Síochána, is that we are talking about serving police forces in which there is career progression. Senator Black might deal with me this month but in six months time it might be Senator Currie and in another year, it might be Senator Blaney. I can be passed from pillar to post continuously. That is one of the issues. Under Operation Kenova, however, there has been continuity. These men and women, the family liaison officers, have built up relationships with families that have continued and the same person has seen them through in relation to their case. The other issue is that the families have access to the head of the office, Mr. Jon Boutcher. They all have his mobile number and can go to him if there is a problem. They do not abuse that access but they have it. I have never seen any other investigation where a chief constable gives out his or her mobile number and tells people, "phone me if there is anything and I will answer it.". The investigators have taken the utmost care and sensitivity. They have acknowledged family difficulties around anniversaries or when there are difficulties within families or when families are being approached by others.

People on this call will know this already but it is important for everyone else to know that some families are smirked at in the street. The people who were involved in taking their loved ones use their name to let them know they are there. They stare them out. There is a level of closeness there in terms of the fact that it could be people who live in the next street or two street's away. The families might see them at church, at school gates or in the middle of Tesco. That is what really frustrates me about the legacy proposals. People do not understand that this is not something that is addressed for some families. They are living with the victimisation daily; it is continual. Operation Kenova has been very supportive in that context. Some of those families have been within that group and Operation Kenova has helped them when they have been approached and have continued to suffer victimisation. That is really important.

There are files in for prosecution but not all families have files in and families accept that. I have seen families get information that they never had previously. These are families that came through the HET process or through Ombudsman investigations and who were told that there was nothing beyond what they already knew. Operation Kenova has given them information they never had previously. The journey for Operation Kenova is as important as the end product. The British Government is saying that it has not succeeded because there have been no prosecutions but that is only because there are 30 files sitting in our public prosecution office that have not yet been addressed and directions given on prosecutions.

We have urged the political parties, and we urge the Irish Government, to come behind this. The Secretary of State keeps saying there is no agreement or alternative. As this process works for families, everyone should get behind it and support it. We need to put an end to the Secretary of State saying there is no agreement or that we cannot agree. Ms Kerr said she is not interested in the politics. I am interested in one thing only and that is the experience of the families and what they can get the best out of. They are getting the best out of this so I urge people to look at it. I ask the committee to invite Jon Boutcher to give a presentation to the committee in order that members can hear from him directly. This is a process I have seen delivering and we feel it should be upscaled.

Ms Morgan said that her sister Patsy died two weeks ago and Mr. McConville buried his brother a month ago. Processes to deal with the past are too late for them now but they represent so many others within our community who are dying daily without the answers they need. To me, Operation Kenova is the historical investigations unit, HIU, by a different name and it is therefore ready to go. It is the strands of accountability. It is about the policy and procedures, and the victim-centred care. It could readily deliver for families, particularly those who are terminally ill or those who have older relatives who want answers in their lifetimes. We do not have time on this issue. This is the last throw of the dice and we need to get it right.

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