Brendan Smith (Cavan-Monaghan, Fianna Fail)

I commend this motion in support of the courageous stand being taken by the McCartney family in their search for justice for their murdered brother, Robert, a family man and respected member of the Short Strand community. The family has shown remarkable strength and determination in what could only be considered as the most difficult of circumstances. They deserve the full support of this House in their efforts to bring Robert's killers to court to face the full legal and moral consequences of their actions.

In normal circumstances his family should be allowed to grieve in private with the support of their friends and community. They should be able to expect a speedy and efficient investigation with the co-operation of all those who witnessed Robert's murder. Instead, they find themselves having to mount a public campaign to try to achieve justice. Last Sunday found them out on the streets of the Short Strand encouraging members of their community to continue to support their campaign for justice.

Over the past four weeks Robert's family, his sisters and partner have traversed the country. They have met journalists, diplomatic representatives, the Minister for Foreign Affairs and his officials and representatives of the political parties in this House. They have done so in the name of truth and justice, to highlight the tragedy of Robert's murder and to bring attention to the intimidation and fear being meted out to a community to prevent individuals from bringing his killers to justice.

We should not underestimate the courage it has taken for the family to carry out this campaign. These are ordinary women, with young families, living what should be normal, everyday lives. However, in the wake of the murder of their brother, they have had to face down those within their communities who try and control the lives of those around them by virtue of their association with paramilitaries and the threat of violence. Brigeen, Robert's partner and mother to his children, has joined that campaign and has not had the full opportunity to grieve and to console her children.

It is a tragic fact that the McCartneys are not the first family in Northern Ireland who have had to find the courage to speak out in the face of threats and intimidation in an effort to find out what happened to their loved one. Over the years we have seen campaigns mounted by many families forced to go public in an attempt to seek justice. I am thinking of the Conlon family and their long fight for justice, the Finucanes, whose search for truth continues, the family of Jean McConville and the relatives of all those known as "the disappeared". For many of them the suffering goes on, without knowing who killed their loved one or why or even where the body is buried. I am thinking, too, of the Bloody Sunday families whose efforts over 25 years have at last resulted in a public inquiry.

Although the circumstances of Robert McCartney's death can rightly be considered brutal, cowardly and without justification, the aftermath and the cover-up that ensued compounds the derision and distaste that we feel towards the perpetrators of this horrible crime. I trust that time and the procedures of the criminal justice system will reveal some, if not most, of the truth surrounding the questions that remain over paramilitary involvement in this murder. One thing, however, is clear to everybody. The efficient and ruthless clean-up operation that quickly followed this barbaric attack had all the hallmarks of significant paramilitary involvement. It is difficult to believe that it was confined to one or two errant or "on the edge" members of a particular group. Those involved made it clear to potential witnesses that they were operating under the flag of the IRA.

The cover-up of this crime was meticulous and thoughtful. Potential witnesses were quickly identified and approached by men one would not wish to darken one's door. Behind the scenes and under cover of Sinn Féin denials, efforts went into overdrive to hinder, block and interrupt any police attempt to quickly apprehend the suspects involved. Youths filled the streets and rained missiles on approaching police vehicles and personnel, allegedly in response to a heavy-handed police operation.

The feelings of the McCartney family were overlooked at this time by those too concerned with their own survival. They were unaware of the backlash their efforts would provoke and unprepared for the response of the McCartney family and the good people of Short Strand. This intimidation, this iron fist, is nothing new to parts of the North of Ireland. For many years it was viewed in some communities as a necessary by-product of the Troubles, and one that had to be tolerated for the sake of maintaining the safety of these areas in the absence of a police force supported by the entire community. The seeds were sown at this time and nurtured by men and groups whispering promises of security and peace of mind to fearful residents. These promises will no longer receive a welcoming ear as they have ultimately proved to be nothing more than a means to an end for those who benefit from this heavy-handed control of small communities on both sides of the religious divide in the North of Ireland.

By all accounts, Robert was killed in an attack provoked by a grudge. No claim has been made that it had anything to do with republican objectives. These individuals, who call themselves republicans, have a grip on the community and people live in fear and terror. That must end. It is with the courage of those like the McCartney family that we will hopefully see the beginning of the end of fear in these communities, where justice is denied.

One of the most encouraging aspects of the McCartney's campaign is their determination to seek justice for their brother through the courts, in co-operation with the PSNI. For too long, paramilitaries on both sides of the divide have meted out their own form of justice through punishment attacks, beatings, knee-cappings, so-called "Padre Pio" attacks and the exiling of trouble makers or those who dared to cross them. The McCartney family have been particularly courageous in not accepting this form of justice. Their reaction to the IRA's expulsion of three of its members was to say that it was not enough, and they have asked about the other nine suspected of involvement. This is the attitude needed to stand up to the paramilitaries, criminals and those who try to control a community through fear. What was once seen by some as the protection of those who were unable to protect themselves has now become the exploitation of a responsibility and a trust that was once the republican movement's greatest ally.

The inability of the IRA to recognise the wish of all the people of this island since the Good Friday Agreement in 1998 has left their credibility in tatters. More importantly, it has signalled a change in public attitude that the republican movement realises it must address to restore the confidence of those who have long supported its political ambitions as a legitimate and worthy alternative to armed force. The questions are now being asked and satisfaction must be had with what is received in response.

As Members of this House are all too aware, those seeking to take the road of moral responsibility and civic duty over gangsterism and financial benefit have experienced serious intimidation at the hands of those opposed to the reforms taking place in the North of Ireland. For some time this burden has primarily been borne by Nationalist and independent members of the policing board and the district policing partnerships, who have been subjected to a vicious and sustained campaign against their democratic right to represent their communities. These people are doing their civic duty by working to bring about acceptable, representative policing in their local areas, and by working alongside the policing board to ensure local policing needs are identified and met for the greater good of everyone in their community. However, because of this, they have experienced deplorable and cowardly intimidation from those seeking to undermine the progress made in policing. It is a testament to the courageous individuals on the partnerships that these attacks have served to reinforce their resolve to carry out their civic duty.

In a similar vein, the McCartney family has demonstrated integrity in the face of the intimidating tactics of those who wish to bring nothing more to their communities than chaos and despair in defence of their own interests. The courageous decision of the SDLP and other Nationalists to take their places on the policing board and local partnerships has been vindicated beyond doubt by the progress towards the new policing arrangements that were clearly set out in the Agreement, namely, a professional and effective police service which carries out its duties fairly and impartially, is free from partisan political control, is accountable under the law and to the communities it serves, is representative of those same communities and acts in accordance with the highest human rights standards. There are other examples of families taking risks, overcoming decades of mistrust and displaying their willingness to work with the police in an attempt to bring the killers of their loved ones to justice.

To be successful, these efforts require new attitudes on the part of the PSNI. It must show, and is attempting to show, that it can be trusted by both sides of the community to carry out its duties professionally and impartially. I am reminded of the case of Sean Brown, a great GAA man and a pillar of his community. In 1997 he was abducted from outside the GAA club in Bellaghy, County Derry, driven to a lonely location some miles away and shot six times. While the RUC launched a full-scale murder investigation and a number of suspects were arrested and interviewed, no one was brought to account. When the police ombudsman later found that the investigation into Sean Brown's death had not been "efficiently and properly carried out", the PSNI accepted this assessment and immediately offered a new police inquiry. Despite misgivings, the Brown family agreed to co-operate with the new investigation, subject to certain conditions. The re-investigation is ongoing and the family continues to co-operate with the police and to urge the community to do so as well.

What is important now is that all who have influence, including Sinn Féin, create that atmosphere in which the rule of law is upheld and respected. For too long, the people have lived under the smothering tactics of ruthless paramilitary gangs who spread decay throughout their communities. For too long, the iron fist has held the upper hand through force and the threat of force. It is time for the message to be relayed loud and clear to those who seek to continue this abuse of trust. The McCartney family and the people of Short Strand have taken a courageous step.

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