Let us try to Save our Battered Peace Process while taking stock of Values

international | crime and justice | opinion/analysis Sunday February 20, 2005 22:42 by Michelle Clarke - Social Justice and Ethics campaigner

Justice delayed is Justice Denied.

The CAB will not apparently being receiving early pensions. Instead, their skills refined through the 1980's/90's scandals of tax evasion will now prove refined to the degree that we may have an effective, speedy system of tribunals with prompt delivery to the Justice system


However, in the midst of all this exciting blame festering news let us not forget the important issues. We need to review children, we need to consider restorative justice, we need to appoint educational psychologists in our schools, we need Ethics established as a mind set of those entering the work environment, government etc.

Corruption has raised its ugly head. More tribunals will be required to establish facts but this time let them have a time limit; a cost limit; and if evidence is gathered, let it be accessible in the courts of our Island of Ireland. ‘Justice must be seen to be done’ this time.

We also ought to have learnt from the 1980’s tribunals, some still in operation that ‘Justice Delayed is Justice Denied’. The time has come for a clean sheet. Transparency Ireland is linked internationally.. let Ireland join with the other member countries to redress corruption and in particular silent criminality. Former President Robinson is involved with the UN Globalised Ethics based out of New York.

First and foremost, let us not lose the battered Peace Process in the swell of accusations and media coverage. Also let us recall the vulnerable people in our society, who have been quite evidently been forgotten by those consumed by personal greed and narcisstic tendencies.

Acutely we need to keep abreast of the Rights of our Children now and for the future. This article is about those who will be forgotten in the swell of the most recent outcome by combined forces North and South. Society has a duty of care to children as have parents, family and otherwise.

Children - the vulnerable members of Society. Family structures have changed and the outcome has not yet been discerned. There are children of Single Parent Families, some who know the father and receive maintenance and others not. There are children who are danced around the work arrangements of the single parent or/and likewise financially driven dual earners. Childcare is 20% of the average income which is considerably higher than say Europe.

People tend not to take account of the impact on a child of a parent's preference of work to the child. This means an additional effort must be made to create a home environment and outside school activities all based around timetable. We must note that Children make assessments too: Toys/holidays/treats are quickly recognised by astute children as being 'bought off' enticements by guilty parents.

In my crazy mind, I often wonder if the law was stretched and motivated further by the greed of ‘No Foal No Fee’, could we ever see a child suing say a mother for failing to disclose on the birth certificate the name of the father i.e. (‘Knowingly’ would need to govern the Actus Reus). Frankly, I cannot see why not. A little imagination could create at lot of work for the Department of Justice…

I am not in the game of answers.

However a Judge did refer recently to the situation as an Armageddon for children. For me this is a significant Wake Up Call to Parents to assume responsibility for the contract they undertook to have and rear a child.

Divorce, having become vulnerable.
Where I do have experience is as a neurologically damaged and bipolar history being forced through the adversarial divorce system here in Ireland. It is here the Judge referred to the real armageddon and I can only stress the fact that it is. The Divorce complete, I then fell foul of the Roman Catholic Church and annulment. Hell, and back and I am ‘grown up’

Children have no legal representation. It has been suggested that they have their own barrister to represent their interests. To me: This would be bedlam. Three sets of barristers in adversarial competition renders only all with high legal offences and perhaps even a back loan. How do we deal with Emotions?

Children need rights. People forget that children understand so much.....they actually deal in the world of the truth and often become the 'care-takers' for parents who are unable to decide what to do.

One last point I will make. Legislation must be effective. If a Father is to contribute on a monthly basis then this must happen, particularly if his wife has poor health. This idea of calling recipients back to court at short notice is traumatising for the children. They do not deserve it.

Divorce is now in years. The fact that our Taoiseach has not effected same indicates that he, like a lot of people, is in a limbo. This is scary. If the marriage is at an end, Divorce exists now, closure is required, children must be catered for financially. People being hapless only means that a later date there will be live issues. The issue of the 50 50 rule raises its head here but then this may be resolved by EU membership rules relaxing the law….the wealthy party can live for a few months in another country and get a one year divorce.. This makes marriage a real Swiss Cheese contract for children and vulnerable wives.

Another point we tend to overlook, Ireland has no clean break.
This means, that you might be divorced from a spouse, and die. He has to be notified of your estate and has a claim on it......People do not realise this nor do their children ...... it is open-ended.

The concept of an Ombusdaman sounds ideal. It falls more in line with the European court system - where an investigation is carried out. Adversarial is an extremely humiliating way to end a marriage.

These are issues that require consistent but urgent attention from our Department of Justice Equality and Law Reform.

The family unit, as outlined by Edward Walsh (Limerick University) merits attention and at every level.

We have the research and partial evidence to the issue of abuse in Industrial Schools in Ireland but we have no closure for those people who suffered inhumane treatment. Without this source of compensation financial and otherwise, there can be no redress. Let us deal with the issue in a forthright way, use the data to ensure a safer environment for our youth. Let’s address youth crime in a proactive way.

Let us also have Assessment Officers to ensure people with Disabilities can receive the Rights Based legislation that has been promised and has faltered once too often. Let us acknowledge that President McAleese had the knowledge and courage to activate Article 26 of the Constitution. 80% of a persons pension was withdrawn without permission by the state on vulnerable people and people with a psychiatric history who spend periods of several months in hospital.

No man is above the law…..What is happening concerning Mr. Justice Curtin. I do not grasp the delay. It is neither fair to his wife and daughter, to him, or to people on the Island of Ireland who want to see this matter dealt with.

I ask one question. If in the UK Judiciary, someone can be removed from office for say a personal indiscretion.. why not the case in Ireland? I would imagine similar to an employment contract, the same applies to a Judge. If not, why is the matter not dealt with forthwith. Again I return to the old English adage. ‘Justice delayed is Justice Denied’


I always end with a quote
William Blake 1757-1827
To see a world in a grain of a sand
And a heaven in a wild flower
Hold infinity in the palm of your hand
and Eternity in an hour