Agreement Reached in the Multi-Party Negotiations - Transitional ...

Women and the Implementation of the Good Friday/Belfast Agreement
This Report Was Written by Barbara O’Shea
Transitional Justice Institute
Working Report, May 2005
Foreword: Christine Bell & Fionnuala Ní Aoláin
Editing: Catherine O’Rourke
Feedback and Response to: cf.orourke@ulster.ac.uk, Transitional Justice Institute, Magee
Campus, University of Ulster, BT48 7JN
Further Copies Available at: www.transitionaljustice.ulster.ac.uk

CONTENTS
FOREWORD
INTRODUCTION 1
1 RESEARCH 3
1.1 Sources 3
1.2 Use of Term ‘Gender‘ 3
1.3 Questions Raised 3
2 MAIN FINDINGS 5
3 THE GOOD FRIDAY AGREEMENT 8
3.1 The Good Friday Agreement Text: Gender Overview 8
3.2 Strand One: Democratic Institutions in Northern Ireland 9
3.2.1 The Northern Ireland Assembly 9
3.2.2 The Civic Forum 9
3.3 Strand Two: North/South Ministerial Council 10
3.4 Rights, Safeguards and Equality of Opportunity 10
3.4.1 Human Rights 10
3.4.2 United Kingdom Legislation 10
3.4.3 New Institutions in Northern Ireland 10
3.4.4 Reconciliation and Victims of Violence 11
3.4.5 Social, Economic and Cultural Rights 11
3.5 Decommissioning 11
3.6 Security 11
3.7 Policing and Justice 11
3.8 Prisoners 11
3.9 In Summary 12
4. PARTICIPATION OF WOMEN IN PUBLIC LIFE 13
4.1 The Good Friday Agreement 13
4.2 Women in the Northern Ireland Legislative Assembly 13
4.3 Voting in the Assembly 13
4.4 Women on Committees 14
4.5 Legislation 15
4.6 Women in Local Government 16
4.7 Women and Public Appointments 16
4.7.1 Publicly Appointed Bodies 16
4.7.2 Northern Ireland Office Public Bodies 17
4.7.3 Northern Ireland Civil Service 17
4.8 Women’s Participation in Other Areas 17
4.9 In Summary 18
5. DEALING WITH THE PAST 19
5.1 Good Friday Agreement 19
5.2 Truth Telling 20
5.3 Victims 21
5.3.1 Statistics of the Conflict 21
5.4 Women as Victims of the Conflict 21

5.5 Women Victims Post the Good Friday Agreement 22
5.6 Dealing with Victims 24
5.6.1 Women Victims 25
5.7 Definition of Victim 25
5.7.1 OFMDFM 25
5.7.2 Northern Ireland Human Rights Commission 26
5.7.3 The Equality Commission 27
5.8 The Criminal Injuries Compensation Scheme 27
5.9 Impunity 28
5.9.1 State actors 28
5.9.2 Non-state Actors 29
5.10 Prisoners 29
5.11 Prisoner Release 30
5.12 Re-integration 30
5.13 Equality and Ex-prisoners 30
5.13.1 Possession of a Conviction 31
5.14 Prisoners and the Bill of Rights 32
5.15 Institutional Reform 33
5.16 In Summary 34
6. THE EQUALITY COMMISSION 36
6.1 The Good Friday Agreement 36
6.2 The Equality Commission for Northern Ireland 36
6.3 Section 75 of the Northern Ireland Act 1998 37
6.3.1 Equality Schemes 37
6.4 Section 75 and Women 37
6.4.1 Women and Good Relations 38
6.5 The Single Equality Act 38
6.6 The Single Equality Act and Women 40
6.7 Programme for Government 43
6.8 In Summary 45
7. NORTHERN IRELAND HUMAN RIGHTS COMMISSION 47
7.1 The Good Friday Agreement 47
7.2 The Northern Ireland Human Rights Commission 47
7.3 The Bill of Rights 48
7.3.1 How to Deal with Women’s Rights? 48
7.4 Gender Inequality/Discrimination 49
7.4.1 The Equality Clause 49
7.4.2 Public Bodies 50
7.4.3 Positive Action 51
7.4.4 Harassment 52
7.4.5 Convention on the Elimination of All Forms 52
of Discrimination Against Women
7.5 Reproductive Rights 52
7.6 Violence Against Women 53
7.7 Under-representation in the Political Process 54
7.8 Socio-economic Rights 55
7.9 Whither the Bill of Rights? 55
7.10 In Summary 56

8. CRIMINAL JUSTICE 57
8.1 The Good Friday Agreement 57
8.2 The Review of Criminal Justice 57
8.3 Equity Monitoring 58
8.3.1 Human Resources 58
8.3.2 Other Stakeholders in the Criminal Justice System 60
8.3.3 Gender Disaggregated Statistics 60
8.4 The Judiciary 60
8.5 Restorative and Reparative Justice 64
8.6 Community Safety 65
8.7 Law Reform 66
8.8 In Summary 67
9. POLICING 69
9.1 The Good Friday Agreement 69
9.2 The Patten Report 70
9.3 Patten Recommendations on Human Rights 70
9.4 Composition of the Policing Board 71
9.5 Community Policing 71
9.6 Support for Widows 72
9.7 Composition of Policing Bodies 72
9.8 Post Patten: PSNI 75
9.8.1 PSNI Draft Equality Scheme 75
9.8.2 PSNI Neutral Working Environment Policy 76
9.8.3 PSNI Recruitment 77
9.8.4 PSNI Human Rights Programme for Action 77
9.8.5 PSNI Gender Action Plan 77
9.8.6 PSNI and Domestic Violence 79
9.8.7 PSNI and Equity Monitoring 79
9.9 District Policing Partnerships 79
9.9.1 Relations between District Policing Partnerships
Community Safety Partnerships 79
9.9.2 District Policing Partnerships and Women 80
9.10 The Oversight Commissioner 80
9.11 Office of the Police Ombudsman 80
9.11.1 Complaints 80
9.11.2 Staffing 81
9.11.3 Police Ombudsman and the Carryduff Case 81
9.11.4 Other Policing Challenges 81
9.12 International Best Practice 82
9.13 Disarmament 83
9.14 In Summary 83
10. CONCLUSION 85
REFERENCES 86

Women’s Rights in Transitioning and Conflicted Societies
Foreword by Professors Christine Bell and Fionnuala Ní Aoláin
This working report is designed to open a discussion on how women have figured in the
implementation of the Belfast/Good Friday Agreement. While equality for women was
not conceived of as a central issue in the conflict, women and equality issues were
substantively integrated into the Agreement. The difficulties with the Agreement’s
implementation at the political level have been publicly debated and much analysed. The
research of the Transitional Justice Institute (TJI) has contributed to a growing
appreciation of the dilemmas and difficulties of implementation of the Agreement at the
institutional and legal level. This report forms a preliminary attempt to track how the
Agreement’s provisions on women and equality have been implemented, and begins to
unpick the relationship between equality for women and implementation issues more
generally. It begins to paint a broad picture of implementation: it starts from the premise
that asking the ‘women question’ is crucial, not just to equality for women, but also to
understanding more generally how implementation of a peace agreement does and does
not work. This report raises more questions than it answers, but in doing so, reframes
some of the key questions at the heart of current political and legal discourse. What does
it mean to secure something in the text of an agreement? What were the goals of the
Agreement? What does it mean to ‘implement’ the Agreement? How is successful
implementation to be measured: by whether institutions are up and running, or by
tangible benefits in life chances? What are the obstacles to implementation? From a
gender perspective, the report begins to track: where and how were women acknowledged
in the Agreement? What provisions stood to further women’s participation and equality?
How were these implemented in practice? What was the relationship between sectarian
and power divisions understood to be at the heart of the conflict, and women’s rights?
The report is very much a starting point, however, the information contained herein, to
our knowledge, has not yet been gathered together elsewhere. Indeed, the very difficulty
in accessing data relating to women and reform forms the basis of one of the report’s
main recommendations. While this work is very much in progress within the TJI, we felt
that the information in this report should be released publicly as soon as possible, as a
means of facilitating further debate. We are hoping that the response and debate it
prompts will itself feed into further collation of the information in the report and analysis
of the issues it raises. This is in line with the ‘praxis’ model of research – interchange
between research and practice towards models of social change – that has lain at the heart
of feminist approaches to socio-legal studies, and that also forms a key tool for TJI
research.
Background and Context
In most societies, including Northern Ireland there has been a greater public awareness of
women’s rights and of the deficits in equality across a range of contexts for women in
recent decades. Despite this awareness, systematic discrimination remains for a reality for
women - evidenced by a lack of meaningful equality of opportunity in employment,
payment differentials, the lack of access for most women to affordable childcare and the
double load that working women carry of combining career with primary care
responsibilities for children and elderly family members. In traditional societies in which
belief systems combine with and reinforce patriarchal structures the issues are even more
complex. Moreover, pervasive gender-based violence is an ongoing reality in many

women’s lives – symptomatic of deeper and unresolved stereotyping and attitudes
unaffected by formal legal regulation.
In societies experiencing ethnic or political violence all these matters are further
complicated by the reality of public violence which ‘hides’ or silences the experiences of
women by virtue of the legal, political and social preoccupations with what are perceived
to be broader political issues. Notably as Nthabiseng Motsemme has affirmed writing
from the South African context, ‘Various studies exploring the ways ordinary women
speak about their traumatic pasts under violent regimes have consistently shown how they
tend to place their narratives within everyday lived experiences, rather than nationalist
concerns’. 1 This is but one specific example of a theme which can be extracted from the
micro-analysis contained in this report, namely that women’s broader experiences, those
which define their lived lives, are not reflected in the issues that shape and dominate
conflict resolution and the transition that may follow from political agreement.
Transition and the Potential for Change
The end of conflict, or at least the transition away from conflict seems to provide an
opportunity to many societies, not only to re-imagine their political futures and the
relationships between deeply divided sectors of society but, a moment of pause in which a
broader array of societal issues around equality and personal dignity can be addressed. In
this space it is both theoretically and practically possible that women’s rights issues could
be substantively addressed by the willingness of negotiations to understand that a peace
agreement could also reshape a range of inequalities and discriminations within the
conflicted society. The Good Friday/Belfast Agreement was arguably one such moment
in the protracted history of the Northern Ireland conflict. This report, drawing on the
broader mandate of the TJI in understanding the direction and shape of the Northern
Ireland transition, seeks to take some of our broader theoretical and policy insights and
apply them to the particular experiences of women in the post Good Friday/Belfast
Agreement environment. The report concentrates on the key areas that we believe
indicate how women have fared through the enforcement of the Agreement’s principles
and policies, and indicates where we as a society might be doing better.
It is generally agreed the gendered dimensions of transition have been neglected by both
policy makers and academics. We would argue (with others) that peace processes are
typically deeply gendered, thereby raising awkward questions about the neutrality of the
transitional project. 2 While women will often have been at the forefront of peace
initiatives throughout a conflict, peace agreements are usually negotiated predominantly, if
not exclusively, by men. 3 The conduct of violence and war is predominantly male, leading
to a male bias in negotiations, and mediators are usually men. 4 Despite the presence of
the Northern Ireland’s Women’s Coalition (and their sizeable impact on the shape and
1
Nthabiseng Motsemme, The Mute Always Speak: On Women’s Silences at the Truth and
Reconciliation Commission 52(5) Current Sociology 909-932 at 909.
2
See Bell, Christine, Colm Campbell and Fionnuala Ní Aoláin, Justice Discourses in Transition Journal
of Social and Legal Studies (2003)
3
Bell, Christine, Women Address the Problems of Peace Agreements (2005) PEACE WORK: WOMEN,
ARMED CONFLICT AND NEGOTIATION (ed. Radhika Coomaraswamy & Dirukshi Fonseka) Women
Unlimited: International Center for Ethnic Studies.
4
Goldstein, Joshua S. (2001) WAR AND GENDER. Cambridge: Cambridge University Press; Askin, Kelly-
Dawn. (1997) WAR CRIMES AGAINST WOMEN: PROSECUTION IN INTERNATIONAL WAR CRIMES
TRIBUNALS. Dordrecht: Martinus Nijhoff; Yuval-Davis, Nina (1997) GENDER AND NATION. London:
Sage.

language of the Agreement) this was also true of the negotiation process which led to the
signing of the Good Friday/Belfast Agreement. The absence of women at peace talks
and in peace processes persists despite the Platform for Action which emerged from the
Fourth World Conference On Women in Beijing in 1995 which asserted that: 'in
addressing armed or other conflicts, an active and visible policy of mainstreaming a
gender perspective into all policies and programmes should be promoted so that before
decisions are taken an analysis is made of the effects on women and men, respectively'. 5
The Bejing Platform approach has been confirmed by the highly visible UN Resolution
1325, which ‘urges UN Member States to ensure increased representation of women at all
decision-making levels … for the prevention, management and resolution of conflict’. Its
requirements are framed by the acknowledgement that women play an important role in
‘the prevention and resolution of conflict and in peacemaking’; and that ‘women and
children constitute the vast majority of those affected by armed conflict’.
Such exclusion has a double effect. Arguably, it operates to narrow the problems faced to
a ‘male’ conception of conflict revolving around allocations of power and territory, and
stopping certain forms of violence. 6 These questions may impact only peripherally on
many women's day-to-day lives. They may leave untouched socio-economic exclusions,
and even violence, which women may not see as compartmentalised into 'conflict' and
'non-conflict' related, but rather experience as a continuum only partially addressed by
cease-fires. 7 We believe that this is the theme one should keep in mind when assessing the
gender audit contained in this report.
Only relatively recently has the gendered dimension of war and of international law in
particular, been closely examined. 8 This work has been supplemented by consideration of
the gender dynamics of ethnic conflict, and internal conflict more generally. 9 We would
argue that this body of research creates a baseline from which more nuanced analysis of
the relationship between gender, conflict, transition, and peace can be undertaken. It also
operates to reveal that there is a tangible link between the experience of women during
conflict and the exclusions we have identified in the transitional context. A gendered
understanding of peace processes is required to address how women can practically assert
a presence at peace negotiations, while simultaneously re-framing the questions these
processes revolve around. Addressing gender is not just a matter of addressing women's
needs. The experience of how women work can be vital to peace-making and peacebuilding.
In particular women are often well positioned to further connections between
civic society (where women often predominate) and political institutions (where men
often predominate), and in so doing reshaping the notion of what is politics, and what is
democratic participation.
Northern Ireland: Local Lessons for a Global Context
5
World Conference on Women, UN Doc.A/CONF. 177/20, 1995: para 141; See also, UN SC
Resolution 1325 of 31 October, 2000.
6
Bell supra note 3.
7
Cockburn, Cynthia (1999) THE SPACE BETWEEN US: NEGOTIATING GENDER AND NATIONAL
IDENTITIES IN CONFLICT London: Zed Books
8
Askin, Kelly-Dawn. (1997) WAR CRIMES AGAINST WOMEN: PROSECUTION IN
INTERNATIONAL WAR CRIMES TRIBUNALS. Dordrecht: Martinus Nijhoff; Ní Aoláin,
Fionnuala (2000) 'Sex-based Violence and the Holocaust - A Reevaluation of Harms
and Rights in International Law', Yale Journal of Law and Feminism 12: 43-84.
9
Yuval-Davis, Nina (1997) GENDER AND NATION. London: Sage.

The Northern Ireland transition offers a graphic illustration of many of the concerns
outlined above. However, it also offers an example of an attempt to integrate a gender
perspective into both the negotiation process and to the post-agreement political
environment. This was achieved through three different types of intervention. 10 First,
through women creating networks across communal divisions during both conflict and
peace process, enabled by their very political invisibility. Thus, women found ways to
deal with communal difference without requiring its prior negation or elimination.
Secondly, building on this experience, women worked together with other marginalised
groups to create rainbow coalitions which were significant in placing a 'human rights and
equality' agenda on the table, and ensuring that this agenda met real problems. 11 Finally,
women worked both within their own political groupings and through the establishment
of a women's political party – the Northern Ireland Women’s Coalition – to input into the
negotiations leading to the Good Friday/Belfast Agreement. The result of these
combined strategies, was an Agreement whose human rights and equality commitments
went well beyond addressing the 'nationalist/unionist' communal divide to address other
exclusions. However, despite this considerable effect, the preliminary audit contained
here suggests strongly that women may not have fared as well as might be expected by the
creation of these broader commitments.
The case of Northern Ireland illustrates ways of opening up processes, both conceptually
and practically, to ensure the participation of women. However, it also indicates many
difficulties. First, while Northern Ireland evidences some successes with relation to peace
agreement provision for women, such provision is still relatively scant, evidencing the
need for further models of good practice to be explored. That barrenness is confirmed by
the close analysis provided of the institutional structures and policies spawned by the
Agreements provided in this report. Secondly, there is the difficulty of implementing any
ensuing gender commitments, not least given the sheer volume of work which the
Agreement has created for women's groups. This reality has also been compounded by
the massive deficits in funding to the women’s (and other voluntary) sector organisations
in the post Good Friday/Belfast Agreement environment. Forced to provide essential
frontline services while relying only on short-term crisis funding, the sector has seen its
lobbying capacity severely curtailed. While beyond the remit of this report, the actual
impact of the Agreement upon the women’s and voluntary section (specifically by creating
additional demands) needs to be seriously examined and assessed. Thirdly, is the
difficulty that any emerging political consensus between opposing nationalisms, may,
where women's issues are concerned, work to their detriment, as Assembly debates on
reproductive rights evidence. Finally, the political realignments evidenced in Northern
Ireland’s Assembly and Westminster elections have also operated to squeeze out the
representational space that the Women’s Coalition had gained in the post-Agreement
elections. Moreover, even the most scant assessment of the issues which dominated the
recent Westminster elections serves to confirm the absence of these issues from
contemporary political agendas. This is further evidence of the capacity of the transitional
environment to operate in non-linear and illiberal directions, in antithesis to the interests
of gender mainstreaming and the consolidation of women’s political interests.
10 Bell, supra note 3
11 McCrudden, Christopher (1999) Mainstreaming Equality n the Governance of
Northern Ireland, Fordham International Law Journal 22:1696-1775.; Bell, supra note
3.

An overall assessment of the success or failure of the Northern Ireland transition is some
time off. Elaboration of the criteria for success will need to take account of shifting legal
ground in the global legal and political environment. This will be no easy task. However,
we hope that this report will stimulate debate and reflection on the specifics of how
women actually fared under the legal and political provisions contained in the Good
Friday/Belfast Agreement, what the transitional environment has offered them, and
where structural and policy changes are necessary to meaningfully changes experiences of
discrimination, exclusion, silence and violence for women in Northern Ireland.
Feedback, Response and Development
As the report is very much a working report, we are keen for any feedback, further
information, or suggestions as to how it can be made more useful. Responses should be
forwarded to Catherine O’Rourke at: cf.orourke@ulster.ac.uk, Transitional Justice
Institute, Magee Campus, University of Ulster, BT48 7JN, by 31 July 2005.

INTRODUCTION
When Seamus Mallon described the Good Friday Agreement, 12 signed April 1998, as
‘Sunningdale for slow learners’ he was speaking as a politician with the political prize of
reaching a power-sharing agreement that would deliver peace. However, since the days of
Sunningdale in the 1970s, the relationship between the State and civil society in many
countries has shifted as governments contend with an increasing level of intrusion; an
equality agenda, especially around women and minority groups; and growing public
demand for institutional transparency and accountability. In Northern Ireland inequality,
mistrust of government and lack of transparency and accountability were at the core of
and were exacerbated by the conflict. The Good Friday Agreement, a document of the
‘90s rather than the ‘70s, allowed for an overhaul of existing institutions and the creation
of new ones that would ensure not only devolution and power-sharing, but greater
individual autonomy as well as equality among various groups. Was this truly a
transformative opportunity for Northern Ireland not only to close the sectarian divide but
to accommodate other groups not wholly catered for by existing mindsets and institutions
and to deal with issues overshadowed by the conflict?
The Good Friday Agreement drew a line under the conflict, however blurred it may seem
at times, and moved Northern Ireland into a new phase. Every society in transition 13 has
its own set of circumstances. Since the sovereign State with jurisdiction for Northern
Ireland was itself a multi-party democracy (as opposed to an authoritarian regime) the
institutional topography of Northern Ireland had democratic features, albeit adjusted in
terms of the conflict. Northern Ireland also had social and economic arrangements
dictated by class, not only as a result of sectarianism but also within the two main
groupings of Unionist and Nationalist. While economic issues were part of the conflict, the
economy more or less followed the economic model of liberal democratic societies. This
also marks Northern Ireland out from other countries coming out of conflict where, either
as a result of oppression or ideology, different economic and social relationships emerge.
What marks it out too, is that during the years of conflict it was part of a regional group,
Europe, which as well as adjudicating on aspects of the conflict, such as emergency
legislation, was promoting the furtherance of human rights and equality through a
combination of the Council of Europe and the European Union. These distinctions form
part of the backdrop to relationships during the conflict and now during the peace process.
This report looks at how the Good Friday Agreement and its aftermath accommodated
the concerns, experiences and rights of women. The report gives an overview of the Good
Friday Agreement in relation to gender, looking particularly at Strand One which deals
with the democratic institutions. The following chapters examine, under different
headings, what was laid down in the Agreement, what the implications were for women
and the implementation process. The headings are: Participation in Public Life; Dealing
with the Past; the Equality Commission; the Northern Ireland Human Rights Commission;
Criminal Justice; and Policing.
12 The Agreement Reached in the Multi-Party Negotiations, Belfast, 10 April 1998. Throughout this report
referred to as the Good Friday Agreement or the Agreement
13 Whether Northern Ireland is in transition is contested, as are issues pertaining to the conflict itself. See
Bell, C. Dealing with the Past in Northern Ireland, Fordham International Law Journal, Vol. 26, No. 4, April 2003
1

1. RESEARCH
1.1 Sources
Primary documents pertinent to the above areas of discussion have been looked at as well
as submissions and publications from government agencies, international organisations,
educational institutions and non-government organisations. Three elements impact on the
research. Firstly, the lack of disaggregated data means that the gender dimension remains
hidden within general statistics. Secondly, the absence of a central office – such as a
Commission for Women - means that women’s issues are dealt with in a piecemeal way by
the various bodies, each with its own paper trail of drafts, consultations and reports.
Specific references to gender in the documentation have been noted, as have other aspects
that are not gender-specific but which may have implications for women. Thirdly, while
there is much material on gender and the conflict in Northern Ireland, there has been
limited study of gender in the transitional phase.
1.2 Use of Term ‘Gender’
Regarding the term ‘gender’ itself, this report details how women have fared and does not
set out to deal with gender imbalance as a neutral term that may encompass the gendered
experience of men. The debate about how well women’s issues are served by articulation
through a gender framework is noted but not entered into. This report looks particularly at
the experience of women.
1.3 Questions Raised
The research raises a number of general questions:
• The approach during peace negotiations and agreement – how did this dictate
the terms and conditions of advancing the status of women?
• What difference would an approach more attentive to the needs and
experiences of women have made? Was this possible in the realpolitik of the
negotiations?
• Did the approach to negotiations mean that women had to be
pragmatic/creative/opportunistic in carving out a space within the limitations
of realpolitik?
• If so, did introducing the issue from the sideline mean that other actors –
mainly male – did not really ‘get it’ with regard to women’s equality, paid lipservice,
or found it easy to de-prioritise gender concerns?
• How far did women’s participation broaden the democratic process beyond
the party political, creating an inclusive role for other sections of society?
• Did the issue of sectarianism (including the sectarian alignment of the
negotiators) override all other interests, including women’s?
• Were women ‘piggy-backing’ on the provisions drawn up to deal with
sectarianism? How did that work?
• On the other hand, in opening out the equality issue beyond equality for
Catholics/Nationalists did this provide a mechanism for breaking with
traditional stances, finding common ground or reaching agreement on a range
of issues?
• In the documents/institutions put in place to implement the Agreement, did
dealing with women through the language of gender impede or advance the
position of women?
2

• What were the strengths and weaknesses of different approaches to issues? For
example, mainstreaming or a special section on women’s rights in the Bill of
Rights?
• Were women finally wrong-footed in the equality debate and treated as a
minority rather than a disadvantaged fifty percent of the population?
• Was there a level of ‘dilution’ between the aspirational commitments of the
Agreement and the process of implementation?
• What is the potential for the shifts in the positions of Republicanism and
Unionism to change sexism within Northern Ireland society. For example, if
Ulster says ‘yes’, what does that mean for unionist women?
This paper does not attempt to comprehensively answer these questions but points out
that they are lurking there in varying degrees, depending on the particular heading under
review. One or two cogent examples throughout may, however, flag a point of departure
for further mapping. An overarching question, too, is how far the Agreement and the
reforms that emanated from it would deal with social exclusion or were the suggested
changes too conservative, piecemeal, and sometimes contradictory, 14 to effect radical social
transformation. Social exclusion impacts in particular ways on women. This further begs
the question whether the experience of women in socially disadvantaged areas were
adequately articulated in the entire process of negotiation, agreement and transformation.
While women organised themselves on a cross-community basis, was this simply across
communities divided on sectarian lines or did it cross the divisions of class? Again, this
question is not thoroughly dealt with here but the issue may arise at certain points.
14 See, for example, the different approaches of the Criminal Justice Review and the Patten Report on
community involvement in justice issues, as detailed below in sections 8 and 9 respectively.
3

2. MAIN FINDINGS
The main findings of the report over the range of areas are as follows:
• The lack of gender disaggregated data in the past means that the experience of
women has been statistically invisible. Changes are in hand to compile more
complete, disaggregated statistics in the future, which will help chart progress
and highlight continuing areas of discrimination or disadvantage.
• The overriding concern of the Good Friday Agreement was the sectarian
power relationship. Women had to create their own space within that. This
dominant concern has continued throughout the implementation process.
• The Assembly voting system negatively affected the smaller parties, including
the Northern Ireland Women’s Coalition.
• In spite of a commitment in the Agreement, political parties have failed to
significantly progress the participation of women in the political process.
Legislation has been ineffective, suggesting that stronger measures, and
resources are required to ensure that political parties promote women as
candidates.
• While there is no doubt that the cessation, by and large, of armed conflict has
led to a more peaceful, less violent life for communities in Northern Ireland,
the implementation of institutional reform has been slow and piecemeal.
Within this, women’s concerns have not been urgently or robustly dealt with,
even where problems are obvious. There is a tendency to believe that change
will happen incrementally and over time, compared to more dynamic
approaches to sectarian issues. On the other hand, reform to facilitate sectarian
issues has at times benefited women.
• Women constitute 51% of Northern Irish society and have been systematically
discriminated against. Whether women’s equality is best promoted within an
equality agenda that covers a number of groups is not entirely clear. Section 75
of the Northern Ireland Act 1998 makes a distinction by referring to the
promotion of equality of opportunity for ‘men and women generally’ and a
number of other listed categories. References to the Act or interpretations refer
to the ‘nine categories’. Becoming ‘one of nine’ may not adequately recognise
their position as half of the population or be the most appropriate way of
furthering women’s equality.
• Among other things, indecisiveness and lack of coherence about approach, for
example whether to deal with women separately or mainstream their rights, has
held up the process of implementation.
• Approaches to women’s inequality are often simplistic. There is little evidence
of challenging traditional, patriarchal views or values. The institutions involved
are not infused with the theory or tools to look beneath gender inequality or
gender power relations and levels of understanding about the structural and
systemic nature of gender inequality is uneven between the various bodies.
Consequently, issues of equality are dealt with at an operational level rather
4

than at a structural level. Measures taken make minor changes rather than
introduce radical reform. Solutions such as ‘provision of childcare’ while
important and helpful are not sufficient to facilitate the radical change needed
to allow women, after years of conflict and discrimination, to move forward.
Again, women in particular roles, for example as mothers, are more likely
catered for, rather than as a diverse group with differing ambitions.
• The language in official documents and from the various implementation
bodies is not always gender-sensitive.
• Given that Northern Ireland is a society coming out of conflict, there is no
official forum to explore whether issues such as violence, restitution, impunity
have a gender component, what that may be and how it might be addressed.
• Women remain under-represented in a variety of areas. Even newly established
statutory bodies, such as the Policing Board, have perpetuated this. While some
reports acknowledge discrimination or under-representation, the potential for
reform has been undercut by supposedly neutral criteria such as ‘merit’ (for
example, with regard to the judiciary) without examining how the term is
defined or from whose perspective.
• While the role of women in communities is recognised, the potential for
community participation is not always realised, as for example with the
Criminal Justice Review.
• Similarly, the Criminal Justice Review dealt with criminal justice and not social
justice, an area of concern to disadvantaged women. The slow delivery of social
and economic rights has also impacted on this group.
• There has been a dilution of initial aspirations between agreement, review,
legislation and implementation. One example is community justice which has
not been delegated to the community as envisaged in the Agreement. This
dilution often narrows opportunities to involve women, especially from the
community and voluntary sector, keeping them once again on the margins of
power.
• Successful implementation of the Agreement will require clear targets and
timetables, adequate funding, effective mechanisms for reaching targets and
reviewing mechanisms.
• A Gender Equality Unit has been established within the Office of the First
Minister and Deputy First Minister. 15 It remains to be seen how effective this
unit will be in promoting women’s equality. The recent strategy document 16
from the OFMDFM raises concern.
15 Hereinafter OFMDFM
16 OFMDFM Gender Matters, A Consultation Document: Towards a cross-departmental strategic
framework to promote gender equality for women and men 2005-2015
5

3. THE GOOD FRIDAY AGREEMENT
In 1996 elections were held to the newly-constituted Northern Ireland Forum for Political
Dialogue to determine who would participate in political negotiations. A novel electoral
mechanism was employed to ensure the presence of smaller parties at the table, especially
the Progressive Unionist Party and the Ulster Democratic Party. 17 This political space,
created essentially to facilitate male actors in the sectarian conflict and without any gender
design in mind, was taken by women in order to get to the negotiating table. A crosscommunity
party, the Northern Ireland Women’s Coalition, won two of the 110 Forum
seats, which allowed them a place at the negotiations. 18 The Coalition’s position was that
the Agreement should be underscored by principles of inclusion, equality and human
rights; it should go beyond the narrow confines of the two traditions and broaden and
deepen democracy within Northern Ireland. 19
3.1 The Good Friday Agreement Text: Gender Overview
The opening statement of the Good Friday Agreement declares:
We, the participants in the multi-party negotiations, believe that the agreement we have negotiated
offers a truly historic opportunity for a new beginning.
How inclusive was this opportunity or did it offer a new beginning for men hitherto on the
margins to come in and share power without sufficiently taking women into account? If
there were gender aspects, were they aspirational without putting in place mechanisms for
ensuring women’s participation? Was the commitment to ‘partnership, equality and mutual
respect as the basis of relationships within Northern Ireland, between North and South
and between these islands’ a commitment based purely on the political relationships
between the various communities without any real examination of the level of equality and
respect within those communities? Concerned as it was about the power relationship between
communities how concerned was the Agreement with the power relationship within
communities, such as the power relationship between men and women? The Agreement
was negotiated behind closed doors by a largely male political elite, addressing major
constitutional questions. This was very far removed from the politics of home and
community in which women predominate, and raises a number of important questions:
was the Agreement designed to deal solely/chiefly with politics with a capital P rather than
politics with a small p, the latter often of more immediate interest to women because of
their absence or under-representation in the larger arena? Was the Agreement an
opportunity to ensure women a central place in the new political structure? Did it attempt
to do this and fail, or was women’s participation not regarded as an important issue? Is it
expecting too much of an Agreement such as this to address seriously gender inequality or
should it be de rigueur in peace agreements? This was a cross-community document
detailing the future relationship between Unionist and Nationalist; citizens from Northern
Ireland and the Republic of Ireland; Irish citizens and British citizens. Was it assumed that
the interests of men and women, from whichever community, coincided entirely? If so,
was this a valid assumption? While the language of the Agreement refers to the totality of
relationships, what it has in mind is very specific political relationships.
17 Bell, C. (1998) Women Equality and Political Participation in, DIS/AGREEING IRELAND: CONTEXTS,
OBSTACLES, HOPES (eds. James Anderson & James Goodman) Pluto Press, London
18 Women won only 15 seats in total and were markedly absent from the negotiating teams of the other
political parties.
19 Fearon, K. (1999) WOMEN’S WORK: THE STORY OF THE NORTHERN IRELAND WOMEN’S COALITION,
Blackstaff Press, Belfast
6

3.2 Strand One: Democratic Institutions in Northern Ireland
3.2.1 The Northern Ireland Assembly
Strand One of the Agreement sets out the new democratic institutions: a democratically
elected 108-member Assembly in Northern Ireland with legislative and executive authority
over certain devolved responsibilities. Safeguards ‘to ensure that all sections of the
community can participate and work together’ are primarily concerned with the two,
Nationalist and Unionist, communities. Since inequality was at the heart of the conflict, an
Equality Commission was to be established ‘to promote equality of opportunity in
specified areas and parity of esteem between the two main communities’.
While this strand puts in place mechanisms to ensure participation by political parties
nothing is in place to ensure women’s participation, women relying therefore on
nomination by the political parties. The Northern Ireland Women’s Coalition position on
Strand One was that the ‘electoral system chosen for whatever chamber should deliver
fifty-fifty gender balanced representation’. 20 This recommendation is consistent with
international best practice as enshrined in article 4 of the Convention on the Elimination
of All Forms of Discrimination Against Women (CEDAW), providing for ‘temporary
special measures aimed at accelerating de facto equality between men women’. 21
Women as citizens are protected from discrimination by the Agreement’s assertion that all
legislation passed should comply with the provisions of the European Convention on
Human Rights (incorporated in 2000 through the Human Rights Act) and any Bill of
Rights for Northern Ireland supplementing it, together with a Human Rights Commission.
3.2.2 The Civic Forum
Article 34 establishing a Civic Forum to include business, trade unions and the voluntary
sector provided an opportunity for women or women’s groups to participate. Yet only
approximately one-third of Civic Forum members are women 22 , and only two members
could be said to be drawn from the women’s sector. 23
3.3 Strand Two: North/South Ministerial Council
The Council allows for the participation of members and groups of civil society.
3.4 Rights, Safeguards and Equality of Opportunity
3.4.1 Human Rights
Guaranteeing rights and safeguards allowed Republicans to accept the constitutional
arrangements; couching rights as the universal entitlement of all men and women and
delivered largely through UK-wide initiatives enabled Unionist agreement. The main thrust
of the Agreement as a political document is evident when ‘the parties affirm their
commitment to the mutual respect, the civil rights and the religious liberties of everyone in
the community’. These are standard civil and political rights as outlined in international
human rights instruments such as the Universal Declaration of Human Rights and the
International Convention on Civil and Political Rights. Against the background of the
20 Ibid.
21 CEDAW is effectively an international bill of rights for women. By accepting the Convention, States
commit themselves to undertake a series of measures to end discrimination against women in all forms.
Signatory states are required to submit periodic reports to the United Nations Committee on the
Elimination of Discrimination Against Women detailing measures they have taken to comply with their
CEDAW commitments. Both the Irish and UK governments are signatories to CEDAW.
22 Twenty-one of the sixty members are women
23 Co-ordinator of Women's Education Programme for the Workers Educational Association and Member
of Northern Ireland Committee of the Carers National Association and Secretary of Belfast branch.
7

ecent history of communal conflict the parties affirm to a list of mainly political rights
such as freedom of political thought and the right to freedom and expression of religion.
Social and economic rights are included as: ‘the right to equal opportunity in all social and
economic activity, regardless of class, creed, disability, gender or ethnicity’. The text also
includes the right to freedom from specifically ‘sectarian harassment’. Finally, ‘the right of
women to full and equal political participation’ is acknowledged. This was an addition
lobbied for by the Northern Ireland Women’s Coalition. 24 However, while the Agreement
lays down a new political structure with safeguards to deliver Nationalist/Unionist powersharing,
there are no safeguards to deliver the equal political participation of women. The
absence of any enforcement mechanism for the right of women to full political
participation means that it is left to the parties to implement this on a party basis, and they
have been slow to act.
3.4.2 United Kingdom Legislation
Provision is made to ensure equality of treatment by public bodies in Northern Ireland and
lists several categories, including gender.
3.4.3 New Institutions in Northern Ireland
Since discrimination was at the core of the conflict, new institutions - a Northern Ireland
Human Rights Commission, ‘with membership from Northern Ireland reflecting the
community balance’ and a statutory Equality Commission (with the future possibility of a
Department of Equality) - would be established. The mandate for these bodies allowed for
dealing with discrimination beyond that based on religious or political sectarianism,
including discrimination against women.
3.4.4 Reconciliation and Victims of Violence
The section deals with victims of violence in general terms, not in gender-specific terms.
That everything in the Agreement is written through the lens of communal division
between Nationalist and Unionist is again evident. The motivation behind the broad
sentiment ‘promotion of culture of tolerance at every level of society’ is revealed by the
suggestion of initiatives with regard to integrated housing and education, traditional
Nationalist/Unionist issues.
3.4.5 Economic, Social and Cultural Issues
Policies promoting social inclusion should include ‘in particular community development
and the advancement of women in public life’. Beyond that, the succeeding paragraphs
which deal with areas where women have been traditionally disadvantaged make no
specific reference to women. A new regional development strategy will tackle the problems
of ‘a divided society’; ‘measures on employment equality’ and a ‘more focused Targeting
Social Need Initiative and a range of measures aimed at combating unemployment’ should
progressively eliminate ‘the differential in unemployment rates between the two
communities by targeting objective need’. Gender differentials are not considered.
3.5 Decommissioning
The section has no gender specific parts.
3.6 Security
24 Ibid.
8

The section has no specific reference to gender.
3.7 Policing and Justice
Policing is deemed a ‘central issue in any society’ and must be capable of ‘attracting and
sustaining support from the community as a whole’. The Agreement advocates
‘development of a police service representative in terms of the make-up of the community
as a whole’, but essentially means equality vis-à-vis ethos or political allegiance. The police
service must be ‘representative of the society it polices’. An Independent Commission
would make recommendations on future policing arrangements and there would be a
‘parallel wide-ranging review of criminal justice’. The motive underpinning the reviews is
the re-legitimating of the police and justice system in the eyes of the Nationalist
community. However, the attitude and approach of the review groups were potentially
broad enough to address issues of specific concern to women such as their underrepresentation
in these areas and gender specific violence.
3.8 Prisoners
There are no gender specific aspects under this section.
3.9 In Summary
Essentially concerned with bridging the sectarian divide, the Agreement included equality
and human rights provisions. Strand One put in place a new political, devolved assembly
to ensure participation by political parties but nothing specifically ensured women’s
participation. Safeguards were designed to deliver Nationalist/Unionist power-sharing, but
would not necessarily deliver the equal political participation of women.
The creation of institutions, such as the Civic Forum and the North/South Ministerial
Council, involving groups from civil society, could afford women an opportunity to
participate in the process. Guaranteeing human rights facilitated agreement between
Nationalists and Unionists but the creation of institutions based on equality and human
rights could potentially benefit others outside the two main traditions, including women.
Provisions in the Agreement concerning prisoners, victims, security, decommissioning,
policing, and criminal justice make no reference to gender but reviews of associated
institutions could highlight sexist as well as sectarian practices and inequalities. Reform,
motivated to ensure the inclusion of Nationalists, could also open up possibilities for
women.
9

4. PARTICIPATION OF WOMEN IN PUBLIC LIFE
4.1 The Good Friday Agreement
Unionist/Nationalist power-sharing in a devolved assembly was the chief political
objective; nonetheless the Agreement advocated ‘the right of women to full and equal
political participation’ and ‘the advancement of women in public life’. No specific
mechanisms were put in place to ensure the realisation of these aims and figures for
women’s participation in the formal political process and in public bodies remain
disappointing.
4.2 Women in the Northern Ireland Legislative Assembly
Of the 108 members elected to the Northern Ireland Assembly (MLAs) on 26 November
2003, 18 (17%) were women 25 ; one resigned in July 2004 and was replaced by a male
candidate leaving a total of 17 (Sinn Féin 6; SDLP 5; DUP 4; Alliance 2). 26 The Women’s
Coalition failed to retain their two seats in an election that brought gains for the antiagreement
DUP and Sinn Féin. (There is currently one woman Member of the European
Parliament and three female Members of Parliament at Westminster.)
Before suspension of the Assembly in October 2002, 15 MLAs were women. As at July 1,
2002: three of the ten departments were headed by female Ministers (Agriculture and Rural
Development; Health, Social Services and Public Safety; Employment and Learning); three
of the ten Northern Ireland Assembly’s Departmental Committees had a woman as a
Deputy Chairperson and a woman was Deputy Chairperson of one of the six Standing
Committees. 27 The First Minister and Deputy First Minister were male.
4.3 Voting in the Assembly
The arrangements to ensure that key decisions in the new Assembly are taken on a crosscommunity
basis proved problematic for smaller parties, including the Women’s Coalition.
Assembly members registered a designation of identity – Nationalist, Unionist or ‘other’.
(The two Women’s Coalition members designated themselves as ‘other’). Decisions were
made by: ‘either parallel consent, i.e. a majority of those members present and voting,
including a majority of the unionist and nationalist designations present and voting; or a
weighted majority (60%) of members present and voting, including at least 40% of each of
the nationalist and unionist designations present and voting.’
This cross-community procedure, paradoxically, inflates the importance of those
representing separate Nationalist and Unionist communities, to the detriment of parties
who consider themselves representatives of both communities. ‘Some votes’, as the
Women’s Coalition protested ‘count more than others’. 28 The only way for a Member to
ensure that their vote counted was if he or she ‘re-designated’ as Nationalist or Unionist, in
other words expediently traded-in their cross-community ‘other’ identity. The Women’s
Coalition (later followed by members from the Alliance Party) re-designated so that the
Assembly could elect a First and a Deputy First Minister. The Women’s Coalition
subsequently proposed that in a vote where there was insufficient support from either
25 In Scotland the figure is 42% female representation, in Wales 50%. See the website of Centre for the
Advancement of Women in Politics, Queen’s University of Belfast, www.qub.ac.uk/cawp.
26 OFMDFM Gender Matters, A Consultation Document: Towards a cross-departmental strategic
framework to promote gender equality for women and men 2005-2015
27 OFMDFM Equality Directorate: Gender Equality Indicators for Northern Ireland, January 2004, quoting
from ‘Northern Ireland Labour Force Survey: Women in Northern Ireland’, DETI, 2003
28 NIWC press release on the Assembly voting system, 6 March 2002
10

Unionists or Nationalists, ‘others’ votes could be counted along with them, as a tiebreaking
mechanism. The votes of ‘others’ could count within the cross-community
safeguard without the need for re-designation, making it an automatic procedure rather
than a loaded political choice. The Assembly’s lawyers have found the proposals legally
competent but the proposal has not garnered enough support from other political parties
4.4 Women on Committees
Creating a Committee for each of the main executive functions of the Northern Ireland
Administration, the ‘Chairs and Deputy Chairs of the Assembly Committees will be
allocated proportionally, using the d’Hondt system. Membership of the Committees will be
in broad proportion to party strengths in the Assembly to ensure that the opportunity of
Committee places is available to all members’. 29 There is no obligation on parties to
advance gender balance in their nominations. Standing Committees (other than
Departmental Committees) and Special or Ad-Hoc Committees may also be established
from time to time.
At devolution the breakdown of women on the Committees established by the Assembly
was as follows:
DEPARTMENTAL COMMITTEES
Agriculture and Rural Development Committee (members 11 - women 0)
Culture, Arts and Leisure Committee (11 – 0)
Education Committee (11 – 1)
†Employment and Learning Committee (11 – 3)
Enterprise, Trade and Investment Committee (11 – 2)
Environment Committee (11 – 3, including female deputy chair)
Finance and Personnel Committee (11 – 1)
Health, Social Services and Public Safety Committee (11 – 5)
Regional Development Committee (11 – 0)
Social Development Committee (11 – 1)
† An Act to change the name of the Department of Higher and Further Education,
Training and Employment to Department for Employment and Learning was given Royal
Assent on 20 July 2001.
STANDING COMMITTEES
Committee on Procedures (11 – 0)
Business Committee (13 – 3)
Committee of the Centre (17 – 3)
Public Accounts Committee (11 – 2)
Committee on Standards and Privileges (11 – 0)
Audit Committee (5 – 0)
AD HOC COMMITTEES
Ad Hoc Committees will be established from time to time to deal with specific timebounded
terms of reference that the Assembly may set.
Ad Hoc Committee on Flags (NI) Order 2000 (18 – 2)
(Reported on 10 October 2000)
Ad Hoc Committee - Financial Investigations (NI) Order (11 – 2)
(Reported on 6 February 2001)
29 Good Friday Agreement, Strand One, Operation of the Assembly.
11

Ad Hoc Committee - Life Sentences (NI) Order 2000 (11 – 2, including female chair)
(Reported on 12 March 2001)
Ad Hoc Committee - Proceeds of Crime Bill (11 – 1)
(Reported on 29 May 2001)
Ad Hoc Committee on Criminal Injuries Compensation (11 – 1)
(Reported on 15 November 2001)
Ad hoc Committee on Criminal Justice Reform (10 – 2, including female chair)
(Reported on 14 January 2002)
Ad hoc Committee on Disqualification Legislation (11 - 1)
(Reported on 14 June 2002)
Ad hoc Committee on proposed Draft Access to Justice (Northern Ireland) Order
2002 (11 – 2)
(Reported on 2 July 2002)
Ad hoc Committee on proposed Draft Firearms (Northern Ireland) Order 2002 (11-
1)
As shown above, women were poorly represented on committees, with three of the ten
Departmental Committees having no female representation. Likewise three of the six
Standing Committees have no women. Nor are all women in the Assembly sitting on
committees. Checking through the membership names, the same handful of women crop
up. Following the recent British general election of May 5, 2005, the Prime Minister
appointed four new Ministers to the NIO office, one of whom is a woman, 30 to assist in
the work of overseeing the formerly devolved institutions.
4.5 Legislation
The Sex Discrimination (Election of Parliamentary Candidates) Act 2001 permits positive
action for women, but the absence of a requirement on political parties to adopt positive
action measures means it has not been effective. The Sex Discrimination (Election of
Candidates) (Northern Ireland) Order 2003 extended this legislation to Northern Ireland.
‘The Act is permissive and not prescriptive….There are no quotas and therefore no
sanctions on political parties if they take no positive action to redress gender imbalance’. 31
According to the OFMDFM the legislation has ‘had little effect’. 32
A serious government effort could offer resources and support for female candidates and
incentives to political parties to promote women, potentially tied to the parties ensuring
that a percentage of women would be placed in safe seat constituencies.
4.6 Women in Local Government
108 (almost 19%, an increase of 4% since 1998) of councillors in the 26 local government
districts are women (compared to 29% in England and Wales). Following appointments in
June 2002, four councils have a woman as Mayor/Chairperson and a further five councils
have a woman as Deputy Mayor/Vice-Chairperson. 33 Since many of those elected to the
NI Assembly had a background in local government politics, women are at a serious
disadvantage while they remain under-represented at the local level.
30 Angela Smith
31 United Kingdom Department of Trade and Industry United Nations Convention on the Elimination of All Forms
of Discrimination against Women, 5 th Periodic Report of the United Kingdom of Great Britain and Northern Ireland
London, UK Government, 2003
32 OFMDFM Gender Matters, A Consultation Document: Towards a cross-departmental strategic
framework to promote gender equality for women and men 2005-2015
33 Ibid.
12

4.7 Women and Public Appointments
4.7.1 Publicly Appointed Bodies
An alarming picture presents when it comes to the question of public appointments. Five
years after the Agreement, the percentage of female public appointments had actually
fallen by 3%. At 31 March 2003, 32% of public appointments were held by women (a drop
since 1998, when the figure was 35%). Of the 120 publicly appointed bodies in Northern
Ireland in December 2003, 38 Chair and five Deputy Chair posts were held by women. 34
34 Ibid.
13

4.7.2 Northern Ireland Office Public Bodies
At March 2003, the level of female representation in Northern Ireland Office public
bodies was 36% (in March 2001, it was 42%). The Northern Ireland Office’s Diversity
Action Plan, which appears in ‘Opening Up Public Appointments 2003-2006’ 35 , sets a goal
of increasing the proportion of public appointments held by women to 45% by 2006;
given the decline this does not seem achievable. More information is required to explain
the fall in the number of women represented in public bodies.
4.7.3 Northern Ireland Civil Service
An improving picture presents with regard to the civil service. At 1 January 2002, women
represented over 54% of all non-industrial staff in the Northern Ireland Civil Service. The
percentage of women at Deputy Principal level increased from 22% in 1997 to 28% in
2002; the percentage of women at Senior Principal/Principal level increased from 17% in
1997 to 24% in 2002. In May 2005 the Northern Ireland Civil Service announced a goal of
at least 19% female representation in administrative posts in the Senior Civil Service by
December 2005. Female representation at this level increased from 10% in 1997 to 16% in
2002. In January 2002, 71% of the more junior Administrative Assistants and
Administrative Officers in the Northern Ireland Civil Service were female. 36
In the Convention on the Elimination of All Forms of Discrimination Against Women,
Article 7 requests that States take ‘all appropriate measures to eliminate discrimination
against women in the political and public life of the country’. The Equality Commission
submission to CEDAW 37 advises that while Northern Ireland has its own Central
Appointments Unit there has not been a strategic promotional initiative aimed at
encouraging women to apply for public roles since the former Equal Opportunities
Commission for Northern Ireland ran an awareness campaign in the mid-1990s. There is
concern that the public appointment process remains gender biased and that procedures
and decision-making are still not sufficiently open and transparent. 38 The post of an
Independent Commissioner for Public Appointments was established in 1996 in response
to overwhelming concern over public appointments with the aim of ‘ensuring a fair, open
and transparent process that produces quality outcomes and heightens public
confidence'. 39
4.8 Women’s Participation in Other Areas
A report on gender by the OFMDFM noted the lack of disaggregated statistics: ‘Apart
from data on formal politics and public appointments, data on women in decision-making
roles in Northern Ireland is very poor’ and has made recommendations for key indicators
on decision-making. 40 Observing that historically women have been under-represented, the
report notes that: ‘A further problem is that many women, while active in community
groups, are reluctant to involve themselves in political parties or formal politics’. The
35 Cabinet Office Public Appointments, Delivering Diversity in Public Appointments, 2003
www.publicappointments.gov.uk
36 OFMDFM Gender Matters, A Consultation Document: Towards a cross-departmental strategic
framework to promote gender equality for women and men 2005-2015
37 Equality Commission Submission to CEDAW, April 2003
38 Ibid.
39 Sixth Annual Report, Commissioner for Public Appointments for Northern Ireland
40 Gender breakdown of representatives in formal politics: MPs, MEPs, MLAs, Councillors, Public
Appointments. Gender breakdown of senior positions in: Public sector workforces, including the civil
service, the judiciary, courts, police, teaching, and health; Business; Legal Profession; Trade Unions;
Voluntary Sector. OFMDFM Gender Matters, A Consultation Document: Towards a cross-departmental
strategic framework to promote gender equality for women and men 2005-2015
14

eport offers no analysis as to why not or what the shortcomings may be within the
current structure of formal politics and the political parties themselves. ‘Women’, it
continues ‘play an active role in public life through community organisations, and through
networks such as the Rural Women’s Network’. Why women operate comfortably and
effectively in this informal political arena is not considered. The impact of women’s lowlevel
representation among senior professionals and business people on decision-making is
two-fold. On the one hand it means that the policies and practices of male dominated
professional or business groups do not reflect the experience of women, and on the other,
it means that there are few women in the pool of senior professionals and business people
who tend to be the main source of recruits to public appointments and other decisionmaking
bodies. 41
4.9 In Summary
Women’s participation in the political process and in public bodies has not greatly
improved. The engagement of Unionists and Nationalists is still the primary concern of
the new Assembly, as evidenced by the voting arrangement. Despite a new political
structure and legislation, women are still under-represented. Lack of enforcement
measures and political will mean that the statements in the Agreement supporting the
promotion of women’s participation effectively remain unfulfilled.
41 Ibid.
15

5. DEALING WITH THE PAST
5.1 The Good Friday Agreement
The Good Friday Agreement did not provide for a formal, centralized mechanism for
publicly re-examining the conflict, primarily because of the lack of consensus about the
past. Whether an armed conflict took place, what it was about, what caused it and who
were the protagonists were all contentious issues. Bell has noted that the Good Friday
Agreement ‘was fashioned so as to avoid the need for a societal narrative, and this has
continued to underwrite developments relating to the past.’ 42
With no agreed societal narrative, is it possible for women to present a narrative? Even
without shared agreement about the conflict, there are shared experiences of the conflict.
Women on both sides of the sectarian divide had different and similar experiences during
the Troubles; as indeed had men. Men mainly perpetuated the acts of violence – both on
the paramilitary and the State side. It was mostly men that were incarcerated. Do gendered
experiences of violence and conflict mean that there are gendered ideas and approaches to
important transitional issues such as reconciliation, restitution and impunity? Does the past
have a gender dimension? The following issues arising from the past had aspects with
particular relevance for women: truth telling; victims; impunity; compensation; institutional
reform; and prisoners.
The Good Friday Agreement addressed the past by affirming a better future:
The tragedies of the past have left a deep and profoundly regrettable legacy of suffering. We must
never forget those who have died or been injured, and their families. But we can best honour them
through a fresh start, in which we firmly dedicate ourselves to the achievement of reconciliation,
tolerance, and mutual trust, and to the protection and vindication of the human rights of all.
While there is no explicit reference to gender, the suffering of the families of those killed
or injured is acknowledged. Through ‘a fresh start’ the parties would dedicate themselves
to the ‘vindication of the human rights of all’. Written to promote mutual trust between
the Nationalist and Unionist communities, the commitment to inclusiveness through
human rights could further the rights of women.
Acknowledging ‘the suffering of the victims of violence as a necessary element of
reconciliation’ the participants had to await the results of the work of the Northern Ireland
Victims Commission. 43 Nevertheless, under the Agreement the victims have a right to
‘remember as well as to contribute to a changed society. The achievement of a peaceful
and just society would be the true memorial to the victims of violence.’ The provision of
services ‘that are supportive and sensitive to the needs of victims will also be a critical
element’; ‘sufficient resources’ would be allocated ‘to meet the needs of victims and to
provide for community-based support programmes’.
With regard to prisoners, mechanisms would be put in place ‘to provide for an accelerated
programme for the release of prisoners’ within a proscribed time frame. There was,
however, no provision for those not yet convicted, or convicted but not in prison. The
Agreement introduced an early release scheme rather than an amnesty, and reintegration
42 Bell, C. Dealing with the Past in Northern Ireland, Fordham International Law Journal, Vol. 26, no. 4, April
2003
43 This was established in November 1997
16

into the community which would be supported by providing assistance for employment,
retraining and education.
5.2 Truth Telling
As the question over forms of truth telling still hovers, while in office the former Secretary
of State for Northern Ireland, Paul Murphy, accepted the need for a consultation process
on appropriate mechanisms. Women need to be included in this process if the terms are
not to be dictated solely by the chief protagonists (usually male) of the conflict. 44 In a
submission to the Northern Ireland Human Rights Commission, the Northern Ireland
Women’s Coalition favoured the creation of a special court, 45 such as the Truth and
Reconciliation Commission in South Africa. This court ‘could go some way to provide a
forum for victims, to find out new information in unresolved cases, and to ground the
new, peaceful society into a judicial rights based culture’. Extending the narrative of the
conflict beyond the ‘frontline’ the Coalition advocates that the right to tell their story
should not only be given to ‘victims of the Troubles’ but ‘anyone who has suffered and
been made to feel victimised, whether by the events of the Troubles, through crime,
domestic violence, or psychological abuse, must receive necessary support from the State
in order to cope with their distress’. 46
In the event of a truth commission being established, it should have due regard to gender
balance in the appointment of commissioners or train commissioners in gender-related
issues. Essentially, women should be pro-active agents rather than passive victims in the
process. The South African Commission found it necessary to provide special hearings for
women to tell their story. Explaining the reasons for doing so the Commission deemed
that in establishing the extent of past human rights violations: ‘The antecedents,
circumstances, factors and the contexts of such violations, as well as the motives of such
violations, as well as the perspectives of the persons responsible for committing such
violations should be established.’ 47 Violence perpetrated by both State and non-State
actors would be investigated.
In the absence of a formal state-led mechanism, community-based projects have facilitated
truth telling. 48
5.3 Victims
The Victims’ Commission was tasked with looking ‘at possible ways to recognise the pain
and suffering felt by victims of violence arising from the troubles of the last 30 years,
including those who have died or been injured in the service of the community’. The
44 See for example concerns of Republican ex-prisoners around truth telling: ‘accessing truth from the British
state concerning its activities during the conflict; providing information which may be of assistance to
victims in order to promote healing and national reconciliation; addressing the uneven use of state forces
which have criminalized republicans while giving an amnesty to British state agents. Expunging “criminal”
records must be an outcome of any meaningful truth process; the need for acknowledgement and
participation of the British state in any truth process; a completely independent and impartial oversight of
any mechanism or process’. www.coiste.ie
45 NIWC, A Response to ‘Making a Bill of Rights for Northern Ireland’ from the Northern Ireland Women’s
Coalition, 2001
46 Ibid.
47 Truth and Reconciliation Commission, Report: TRC and Gender, Johannesburg, 1996.
48 One such project in Ardoyne led to publication of a 543-page book containing local testimonies
ARDOYNE: THE UNTOLD TRUTH. Later used in a case study, with no gender dimension, the key findings are
nonetheless interesting. See the Ardoyne case study in Lundy & McGovern Community, ‘Truth-telling’ and
Conflict Resolution
17

failure of the report by Victims Commissioner Kenneth Bloomfield 49 to deal adequately
with state killings added to debate on a ‘hierarchy of victimhood’.
5.3.1 Statistics of the Conflict
The figures are testimony to the gendered nature of the conflict.
Between 1969 and 1997: 3,585 people were killed. 50
• The dead were predominantly male (91%)
• Age: 37% under 24; 53% under 29; 34% under 39
• 53% were civilians with no affiliation to any security force or paramilitary
organisation; 28.8% were serving members of the security forces; 12.5% were
Republican paramilitaries and 3% were Loyalist paramilitaries
• 2.5 persons per 1,000 Catholics; 1.9 persons per 1,000 Protestants were killed
• 59% killed by Republican paramilitaries; 28% by Loyalist paramilitaries; 11% by
security forces
An estimated 40,000 – 50,000 were injured. Bloomfield’s report acknowledged that women
were often left ‘to pick up the pieces’. 51
5.4 Women as Victims of the Conflict: 52
During the conflict women were:
• Direct victims of paramilitary and state violence – killed, maimed and
psychologically damaged
• Victims as relatives of those who are hurt or killed
• Imprisoned
• Victims as relatives of those who are imprisoned
• Victims as those who are left particularly vulnerable to the policing, military
and paramilitary priorities of the conflict
• Victims of domestic violence (increase due to culture of violence and lack of
resources for prevention/redress due to priorities for funding the conflict)
• Victims of misogynous killings
• Living in a militarised/armed environment
• Curtailed from freedom of association (punishment by paramilitaries for
fraternising with British servicemen, including tarring and feathering) and
freedom of movement (stop and search)
• Subjected to the militarisation of their children (stop and search, couriers, etc.)
• Victims of economic hardship
• Victims of the breakdown in community relations
• Victims of the shortage of resources for social services such as health and
education
• Curtailed in terms of freedom of movement and access to safe public transport
• Living in an unsafe environment
• Victims of discrimination and inequality
49 Bloomfield, K. We Will Remember Them: Report of the Northern Ireland Victims Commissioner, Belfast, NIO, 1997
50 Cost of the Troubles Study cited in Bloomfield, K. We Will Remember Them: Report of the Northern Ireland
Victims Commissioner, Belfast, NIO, 1997. See also CAIN database www.cain.ulst.ac.uk for figures pertaining
to the conflict.
51 Ibid.
52 See Bell, C. (1998) Women Equality and Political Participation in, DIS/AGREEING IRELAND: CONTEXTS,
OBSTACLES, HOPES (eds. James Anderson & James Goodman) Pluto Press, London. The list has been added
to.
18

• Confined to a narrow political space without a counterview to prevailing
ideologies
• Displaced
• Disadvantaged by the language being usurped by the conflict: for example the
affect of the conflict on definitions and interpretations of words such as ‘crime’
or ‘violence’ which impacted on women
5.5 Women Victims Post the Good Friday Agreement
How do these experiences of women, overhanging from the past, get addressed in the
transitional phase? In the absence of disaggregated statistics 53 ‘anecdotal evidence suggests
that a significant proportion of those seeking support from victims groups will be
widowed and female…the scheme [core funding scheme] is likely to have a positive
differential impact on women who, in their victimhood, have been made widows.’ 54 Since
there is no government assessment of gendered dimensions of the conflict, it is not
surprising that there is no specific strategy for dealing with the needs of women victims.
This does not mean that women are not included in strategies or that particular concerns
are not referred to, rather that there is no overarching framework. Given the experience of
women during the conflict, questions during transition included:
• How would victim be defined and would it include women’s experiences?
• How would the needs of women victims be assessed and met?
• What resources and funding would be allocated and how would they be
distributed?
• How far would the compensation scheme benefit women?
• Would social disadvantage be addressed and would women’s social and
economic rights be advanced? The 30 years of conflict coincided with a crucial
period for advancement of women’s rights throughout Europe, possibly
impacting on potential gains. Even so, would gender inequality be tackled as
robustly as sectarian inequality? (To what extent did some women suffer the
double disadvantage of sectarian and gender inequality?)
• In prioritising the conflict, if resources were taken from areas such as health or
education, to the detriment of women, was there a plan to improve these
services?
• If crimes perpetuated predominantly on women, such as domestic violence,
were down the priority list for policing or unreported due to an absence of
trust in the policing service, what measures would be put in place to deal with
them?
• Women care for large numbers of those injured during the conflict. What
additional support is given to carers? 55
• Has secondary victimhood been acknowledged, i.e. how women were affected
as relatives/wives/partners – for example, as prisoner’s wives or partners?
• Is there recognition that communal tension may impact on women in a
particular way since women are more likely than men to work in the home and
the community may be their main public space?
53 ‘There is no data available on the gender of victims who have been physically or psychologically
traumatised as a result of the Troubles’. NIO Victims Liaison Unit Core Funding Scheme to Victims
Groups, Equality Impact Assessment, 2002
54 NIO Victims Liaison Unit Core Funding Scheme to Victims Groups, Equality Impact Assessment, 2002
55 Ibid.‘Qualitative data indicates that the majority of carers for those injured or traumatised are female’; and
‘women are more likely to be carers than men’ (20% compared to 14%). OFMDFM Equality Directorate:
Gender Equality Indicators for Northern Ireland, January 2004
19

• Have resources been put into improving public transport, important for
women’s mobility within and outside the community? (‘30% of households in
Northern Ireland have no access to a car, a situation which is likely to
disadvantage women’ and women are less likely than men to hold a driving
licence. 56 Only 3% of people in NI use public transport - partly a throwback to
issues of social inequality and safety during the conflict. ‘A further issue
identified as significant for women is that of safety in public transport, and
concerns about safety may restrict their participation in social and civic life.’ 57 )
• Would the gendered nature of public safety be addressed? In Northern Ireland
‘women experience higher levels of crime than men, with women being more
afraid of being out alone after dark, being more concerned in general about
their safety, and being much more concerned about the possibility of rape’. 58
• How would the role of civil society, where women are often prominent, be
enhanced?
• Would government deal with displacement, of particular concern to women
because their connection with the home is often different to men’s?
• Would the steps taken towards institutional reform make a bold effort to
include women?
Some of these would be addressed under a victim’s strategy, others through equality and
human rights legislation and institutional reform.
5.6 Dealing with Victims
Following the Agreement, the OFMDFM established a Victim’s Unit and the Northern
Ireland Office set up a Victim’s Liaison Unit, which had led to some confusion regarding
their respective roles. The NIO Minister, Angela Smith originally has responsibility for
both units.
The Victims Unit was given responsibility for the co-ordination of victims-related policies
across devolved government departments and the management of funding for victims’
measures under the European Programme for Peace and Reconciliation (PEACE II). The
unit published a key policy document outlining its victims’ strategy up to 2004 59 and
publishes an annual summary of activity. 60 Discussion of truth and justice issues was
deferred to the Healing Through Remembering Project set up in 2000 to ‘identify and
document possible mechanisms and realisable options for healing through remembering
for those affected by the conflict.’ 61
The Victims Liaison Unit had responsibility for implementing the Bloomfield findings and
overall responsibility for government funding for the full range of victims’ schemes and
programmes. In January 2005, the Victims Liaison Unit was dissolved, with many of its
functions transferred to the OFMDFM Victims Unit. However, a number of residual
issues concerning matters that have not been devolved remain with the NIO.
56 Ibid.
57 Ibid.
58 Ibid
59 OFMDFM Victims Unit Reshape, Rebuild, Achieve: Delivering Practical Help and Services to Victims of the Conflict
in Northern Ireland, Belfast, 2002
60 See for example Victims Unit Progress Report 1 April 2003 to 31 March 2004, July 2004
61 The Report of the Healing Through Remembering Project, 2002
20

An inter-departmental Working Group on Victims’ Issues was set up through the
OFMDFM. The draft Programme for Government committed the Executive to preparing
a Victims’ Strategy. 62
A Commissioner for Victims and Survivors has recently been appointed and the latest
OFMDFM victims’ strategy 63 reiterates the definition of victim, advocates an overarching
strategic approach, the appointment of a victims and survivors advisor in each health
board and a one-stop shop to simplify the process for victims.
Two victims’ representatives have been appointed to the Civic Forum.
5.6.1 Women Victims
While women benefit from the various strategies – ranging from Trauma Advisory Panels
to support for re-housing – a gender-specific assessment of victims needs does not appear
to have been carried out. Evaluations of the distribution of official funding have given
breakdowns based on geographical areas, rural/urban, political opinion and communities
(Catholic/Protestant) served. 64 Women’s needs are articulated through various groups,
including women’s groups. Groups have indicated that the majority of service users are
women and that males and young people are under-represented. 65 How are the needs of
individual victims met who may not wish, for many different reasons, to go through a
group?
5.7 Definition of Victim
Definitions of victim have been problematic in a number of ways: such a definition
touches on and may reveal perceptions of the conflict, awakening the debate that the
Agreement sought to avoid. The issues around victims’ rights have dwelt on a perceived
‘hierarchy of victims’ where some are regarded as more innocent than others, or on how to
deal with victims of the conflict and future victims. While there has not been a gender
analysis of victimhood, broad definitions of victim are more likely to be inclusive of
women’s experiences. Such broad definitions acknowledge psychological as well as
physical injury; the suffering caused to family members; and by taking a wider view of what
constitutes acts of violence, may incorporate women’s experiences.
5.7.1 OFMDFM
In the strategy paper launched by the Victims Unit within the OFMDFM 66 , victims are
defined as ‘the surviving physically and psychologically injured of violent, conflict related
incidents and those close relatives or parties who mourn their dead.’ No specific reference
is made to women but the strategy is to be implemented in line with Section 75 of the
62 See OFMDFM Victims Unit Consultation Paper on a Victims Strategy, 2001 and summary of responses
published in January 2002 – Victims Unit A Summary of Responses to a Consultation Paper of a Victims Strategy,
April 2002. OFMDFM Victims Unit Reshape, Rebuild, Achieve: Delivering Practical Help and Services to Victims of the
Conflict in Northern Ireland, Belfast, 2002. New strategy in Northern Ireland Executive, Building on Progress: Priorities
and Plans for 2003-2006.
63 Services for Victims and Survivors, Consultation on Next Phase of Policy in Relation to Services for
Victims and Survivors of the Troubles in Northern and on the Establishment of a Commissioner for Victims
and Supporters, March 2005
64 For example, Clio Evaluation Consortium, Evaluation of the Core Funding Programme for
Victims’/Survivors Groups, 2002, and Deloitte & Touche, Evaluation of Services to Victims and Survivors
of the Troubles, Summary Report, 2001
65 Deloitte & Touche, Evaluation of Services to Victims and Survivors of the Troubles, Summary Report
2001
66 OFMDFM Victims Unit Reshape, Rebuild, Achieve: Delivering Practical Help and Services to Victims of the Conflict
in Northern Ireland, Belfast, 2002
21

Northern Ireland Act 1998 67 and will include action on issues such as health, education,
housing and development of business skills. Lack of consistency on the definition, even
between government offices, is apparent. The NIO executive’s Draft Programme for
Government includes an Equality Impact Assessment that asserts: ‘Victims of the conflict
are overwhelmingly male. However, many women are represented among the relatives of
victims and those responsible for the care of severely injured victims.’ While the
OFMDFM definition includes close relatives as themselves victims, in the Draft
Programme, they are relatives of victims. In a later Programme for Government Equality
Impact Assessment this has been amended to read: ‘The direct victims of the conflict were
overwhelmingly male’, still narrower than the OFMDFM definition. In practice, funds for
victims have supported counselling and trauma projects, de facto accepting the
psychological effects of the conflict.
5.7.2 The Northern Ireland Human Rights Commission
A report by the Northern Ireland Human Rights Commission (NIHRC) proposed that
victims’ rights must be an integral part of any plan for the future of Northern Ireland and
focused on the right of victims to: recognition and truth; justice and information;
assistance, compensation and restitution; protection, equality and restitution. It noted that
recognition was not primarily a legal but a ‘social, cultural and political matter’. 68 In dealing
with the rights of victims in the proposed Bill of Rights, the NIHRC initially considered
separating victims of the conflict from future victims, 69 without defining the term ‘victim
of the conflict’ (whereas future victim is defined). 70 Victims of the conflict should receive
the ‘highest level of social care’. In setting out a number of general provisions for victims
that legislation should give effect to, specific reference is made to violence against women:
‘The State shall take all appropriate measures to prevent and eliminate all forms of violence
against women and girls whether physical, mental or emotional’.
67 Under Section 75 of the Northern Ireland Act 1998 public authorities are required to have due regard to
the promotion of equality of opportunity.
68 NIHRC, Human Rights and Victims of Violence, June 2003, following discussions with a range of victims’
organisations as part of the Bill of Rights consultation process.
69 ‘The Commission’s general approach to these issues is that it is not practicable to deal with the issues
which arise from many years of conflict and the need to set standards for the future in an identical manner.’
NIHRC, Making a Bill of Rights for Northern Ireland, A Consultation, September 2001
70 (a) Victims of the conflict
1. With a view to promoting the principles of truth and reconciliation in the aftermath of a lengthy period
of conflict, the Government shall take legislative and other measures to ensure that the loss and
suffering of all victims of that conflict and the responsibility of State and non-State participants are
appropriately and independently established and/or acknowledged.
2. All victims of the conflict have the right to the highest possible level of social care and support in
accordance with their needs, particularly in respect of personal security and access to health care, income
support, employment, training and education and for those purposes to be protected from any unfair or
discriminatory treatment.
(b) The rights of victims for the future
1. “Victims” means persons who, individually or collectively, have suffered harm, including physical or
mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights,
through acts or omissions that are in violation of criminal laws...; a person may be considered a victim
regardless of whether the perpetrator is apprehended, prosecuted or convicted and regardless of the
familial relationship between the perpetrator and the victim; ...the term also includes, where appropriate,
their family, their dependants, those with whom they have a close relationship and persons who have
suffered harm in intervening to assist victims in distress or to prevent victimisation.
NIHRC, Comments on the Justice (Northern Ireland) Bill, Submitted to Members of the House of
Commons, 27 February 2002.
22

After receiving submissions the NIHRC later recommended ‘that the Bill should not make
a distinction between victims of the past and victims of the future. Instead it should confer
rights on all victims of crimes and human rights abuses who are suffering at the time
when, or after, the Bill comes into force.’ 71 This is because ‘it is notoriously difficult to
define people who are “victims of the conflict”.’ Victim is defined as:
In this section ‘victim’ means a person who, individually or collectively, has suffered harm, including
physical or mental injury, emotional suffering, economic loss or substantial impairment of their
fundamental rights, through acts or omissions that are in violation of criminal laws or human rights
standards. The term also includes, where appropriate, the family of such a person, his or her
dependants, those with whom the victim has a close relationship and persons who have suffered
harm in intervening to assist a victim in distress or to prevent victimisation.
A person may be considered a victim regardless of whether the perpetrator of the crime or human
rights violation in question is apprehended, prosecuted or convicted and regardless of the familial
relationship between the perpetrator and the victim. 72
The right to social care is extended to all victims although the wording has been changed
from the ‘highest possible level of social care’ to ‘a level of social care in accordance with
their needs’. The earlier reference to protection from discrimination is omitted, the
NIHRC deeming it is provided for in the section on equality.
The Commission’s earlier document had shown some understanding of the gender-
specific structural violence and power relationship inherent in domestic violence by
maintaining: ‘This violence is a manifestation of women’s inequality of status and
ineffective access to the legal system.’ 73 This is eroded in the later draft. The special
provision on violence against women and girls is omitted: ‘The Commissioners felt that it
was difficult to justify excluding a similar provision for men and boys’. Instead, a provision
on violence in the home has been inserted into the section on the right to be protected
against violence. 74
5.7.3 The Equality Commission
With regard to the Single Equality Act (SEA), the Equality Commission noted that there
would be ‘particular difficulties in identifying which ‘victims’ should be included…The
implications of inclusion of “victims” in the SEA would therefore have repercussions
which are difficult to calculate. It may be that development of the role of a Victims
Commissioner would be a more appropriate method of protecting the rights of victims.’
5.8 Criminal Injuries Compensation Scheme
The Compensation Agency 75 was established in April 1992 to support the victims of
violent crime by providing compensation to those who sustain loss as a result of actions
taken under emergency provisions legislation. This includes the administration of the
criminal injuries, criminal damages and emergency provisions compensation schemes. The
compensation scheme was reviewed 76 and recommendations for reform were later
enshrined in legislation. 77 The scheme currently applies to incidents occurring on or after 1
May 2002 and applies to victims of a crime of violence. The crimes of rape, sexual assault
71 NIHRC, Progressing a Bill of Rights for Northern Ireland, An Update, April 2004
72 Ibid.
73 NIHRC, Making a Bill of Rights for Northern Ireland, A Consultation, September 2001
74 NIHRC, Progressing a Bill of Rights for Northern Ireland, An Update, April 2004
75 www.compensationni.gov.uk
76 Review of Criminal Injuries Compensation
77 Criminal Injuries Compensation Order (Northern Ireland) (2002); and Northern Ireland Criminal Injuries
Compensation Scheme (2002).
23

and domestic violence are included under the scheme. In a submission to the Independent
Review Group responsible for advising on the new scheme, the Northern Ireland
Women’s Coalition cited statistics that showed that few women affected by rape or
domestic violence had availed of the existing scheme. The main reasons were fear of the
perpetrator and that compensation may elicit overtures of reconciliation from the
perpetrator. 78 The current scheme states that the perpetrator cannot benefit; an award will
not be made unless the perpetrator is prosecuted or good reasons are given as to why not;
the perpetrator and the victim must have stopped living together. 79
5.9 Impunity
There was never wholesale impunity; non-State, and to a lesser extent, State actors were investigated,
prosecuted, and punished, even if not as consistently or effectively as different groups of victims
would have wanted. 80
The impunity issue has possible gender implications. If most deaths and physical injuries in
the conflict were male, many survivors and carers are women. How does impunity sit with
them - in terms of a denial of justice, little or no information about what happened,
acknowledgement of loss or suffering and acceptance of responsibility? 81 Did the peace
process create an expectation that some of these concerns might be met?
5.9.1 State Actors
For those who suffered loss as a result of action by the security forces, the question of
impunity remains. ‘Of the 360 deaths caused by on duty members of the security forces
only 3 members of the security forces have been convicted of murder and of course even
in those limited cases the soldiers involved were released early from prison.’ 82 A number of
public investigations or inquiries have been instigated. 83 The office of the Police
Ombudsman has a limitation period of one year in dealing with complaints against the
police but there is provision for examining cases that go back further if ‘the complaint is
grave or exceptional.’ 84 On March 8, 2005 the PSNI Chief Constable and the Northern
Ireland Office announced the provision of £32 million over the next six years for ‘Cold
Cases Review’ of 1800 unsolved murders committed between 1969 and 1998. The cases to
78 NIWC, Criminal Injuries Compensation – Independent Review Group, A Response by the Northern
Ireland Women’s Coalition, 26 May 1999
79 On the question of compensation see also Report of the Independent Working Group on Victims Rights
to the Northern Ireland Human Rights Commission, March 2001; and the Commission’s Progressing a Bill
of Rights for Northern Ireland, An Update, April 2004
80 Bell, C. Dealing with the Past in Northern Ireland, Fordham International Law Journal, Vol. 26, no. 4, April
2003
81 ‘A key issue may be acknowledgement that wrongs have been done in the past’. Northern Ireland
Women’s Coalition, A New Beginning: Policing in Northern Ireland The Report of the Independent Commission
on Policing for Northern Ireland, A response from the Northern Ireland Women’s Coalition, 1 December
1999
82 Committee on the Administration of Justice, Comment on Reform of the Law and Rehabilitation of
Offenders. Also Submission by the CAJ to the Commission on Policing for Northern Ireland, August 1998
comprehensively charts reports on human rights abuses by the security forces.
83 For example, Stevens Inquiry (third, published April 2003) which concluded that collusion between
paramilitaries, security forces and intelligence agencies had been widespread, and the public inquiry into
Bloody Sunday. The British Government has proposed a New Inquiries Bill to deal with certain cases of
alleged collusion between the state forces and loyalist paramilitaries, most noticeably the murder of Belfast
solicitor Pat Finucane. However, the proposed legislation severely restricts the independence and
investigative capacity of any resulting inquiry.
84 The office investigated the RUC handling of death threats against Rosemary Nelson and the death of
Robert Hamill.
24

e reviewed involve the murder of 200 police officers, and 1600 civilians, however there
has been criticism that the review will not include victims of state violence.
5.9.2 Non-state Actors
For those who suffered at the hands of paramilitaries, prisoner release may prove difficult.
Paramilitary organisations have made some moves towards apology 85 and divulging
information. Irish Republican Army (IRA) information regarding murdered or disappeared
victims was facilitated by legislation which deemed evidence gathered in locating bodies
‘inadmissible in criminal proceedings’ in the North and in the Republic. 86
Other issues remain such as demilitarisation, lustration, decommissioning, punishment
beatings, ambivalence on the safety of those returning who left the jurisdiction as exiles or
on-the-runs as well as shifts in loyalty, position, influence and status within post conflict
communities.
5.10 Prisoners
An estimated 25,000 people (mostly men) were imprisoned during the conflict, drawn
from both communities. The republican ex-prisoners organisation, Coiste, estimate that
‘15,000 people were imprisoned during the conflict for republican activity. Of these,
perhaps 5% were women. The age profile is overwhelmingly 45+.’ 87 Many have
convictions, which in the transitional phase may impact on employment, insurance, or
compensation. While the number of women prisoners is relatively small, issues around
prisoner release, reintegration and discrimination affect many women through their
relationship with prisoners. 88 They may be dependent on them as breadwinners and suffer
if economic opportunities are denied to those released.
5.11 Prisoner Release
The Northern Ireland (Sentences) Act of 1998 implemented the prisoner release
commitment under the Good Friday Agreement. 89 Eight female prisoners were released
under the scheme; none have had their licence revoked. 90 The approach to the prisoner
issue tries to marry competing sets of rights, that of prisoners and victims. Judging this
against the sectarian background and non-agreement about the conflict itself, is the key
concern of various institutions. The early release scheme applied specifically to those
convicted of scheduled offences in non-jury (Diplock) courts, criteria designed to release
those imprisoned for acts related to the conflict. In the transitional phase, where new
institutions are establishing rights and anti-discrimination measures for ex-prisoners, the
distinction may not be maintained. This essentially means that in catering for ‘the
85 IRA Statement of Apology, 16 April 2002. Mitchel McLoughlin, Sinn Féin, statement that murder of Jean
McConville was wrong (although not a crime), Questions and Answers, RTE television, January 17, 2005.
Combined Loyalist Military Command Ceasefire Statement, 13 October 1994 which offered an apology to
‘all innocent victims’.
86 Northern Ireland (Location of Victims’ Remains) Act (1999) / Criminal Justice (Location of Victims’
Remains) Act (1999)
87 Coiste na n-Iarchimí, Response to Single Equality Bill Consultation, 18 November 2004
88 Cnamh Droma (Backbone) women’s project, an initiative of republican relatives of ex-prisoners came
together under the guidance of a trained facilitator to record the experiences of those who, as the wife of one
former prisoner put it, ‘also served a sentence’. The effects of isolation, separation, hardship, and fear of the
future were discussed. www.coiste.ie. See also Shirlow, P. The State they are still in. Republican ex-prisoners and
their families: An Independent Evaluation,2001. CAIN web, University of Ulster which includes figures on
relationship breakdown.
89 See Sentence Review Commissioners Annual Reports. Releases at February 2005 total 447 (Loyalist 194,
Republican 241, Non-aligned 12), www.niprisonservice.gov.uk
90 E-mail from Don Anderson, Sentence Review Commissioners office, March 7, 2005
25

particular circumstances in Northern Ireland’ the wider latitude initially given for exprisoners
of the conflict is extended to all ex-prisoners. This may include those convicted
of crimes such as rape or domestic violence.
5.12 Reintegration
The number of women prisoners released is small. One community re-integration project 91
noted that the ratio of female participation to male is higher ‘primarily due to the nature of
the offences, suitability for re-integration and perhaps also a greater willingness in
communities to accept females.’ These were non-conflict related offences but the
observations may have relevance. Re-integration affects women as dependents and
partners of prisoners and as victims of crimes of violence.
5.13 Equality for Ex-prisoners
Fair Employment legislation has made inroads into historic inequality experienced by the
Catholic community. 92 Asserting that ‘Catholic women and Catholics from younger age
groups have benefited disproportionately from improvements,’ 93 a Coiste response to the
Single Equality Act notes that ‘the age and gender profile of political ex-prisoners indicate
that they are unlikely to have benefited from any improvement’. (It seems unfortunate that
small advances made by women in a select area should be pitted against the equality aims
of ex-prisoners).
5.13.1 Possession of a Conviction
The proposals in the Rehabilitation of Offenders legislation mirror those in England and
Wales and make no reference to the particular circumstances in Northern Ireland. 94 The
Rehabilitation of Offenders Order provides that a record can be spent after a period of
time, depending on the length of the sentence. For sentences 30 months or longer, the
conviction never becomes spent, so there is no right to rehabilitation for those convicted
to sentences of longer than two and a half years. The report of the Independent Working
Group on the Criminal Justice section of the Bill of Rights noted that: ‘in relation to
paramilitary convictions, virtually all sentences were above the threshold. This means that
politically motivated ex-prisoners will always have to declare their offences on employment
application forms, applications for mortgages and so on’. The Review recommended the
establishment of a review board to consider these convictions, in view of the large number
involved. 95
Rates of long-term unemployment amongst ex-prisoners are high: 87% in Upper
Springfield, West Belfast; 65% in New Lodge, North Belfast. Ex-prisoners and their
families remain disproportionately in low-income sectors, the informal economy or
dependent on state benefits. Opportunities for self-employment are also curtailed by the
‘criminal’ record. Access to mortgage facilities, finance, insurance, taxi and bus operator
licences, service contracts are subject to vetting procedures. Health Boards bar those
convicted of violent offences from eligibility for adoption. Countries, such as the USA,
Canada and Australia, refuse visas to political ex-prisoners. 96 These issues of livelihood,
91 A NIACRO project for 2002/2003 with offenders under 25 noted that of the 75 offenders involved in the
project, 62 were male, 13 female
92 See Bob Osborne and Ian Shuttleworth (ed.) FAIR EMPLOYMENT: A GENERATION ON, Blackstaff,
2004
93 Coiste na n-Iarchimí, Response to Single Equality Bill Consultation, 18 November 2004
94 CAJ Comment on Reform of the Law and Rehabilitation of Offenders
95 Reports of the Independent Working Groups to the NIHRC, March 2001
96 Coiste na n-Iarchimí, Response to Single Equality Bill Consultation, 18 November 2004
26

shelter, adoption of children, and travel obviously impact on women as prisoners and
partners/relatives of prisoners.
Coiste argued ‘possession of a conviction’ as a non-discrimination ground in the Single
Equality Act. In its response to the draft Single Equality Bill, the Equality Commission
noted that ‘those with past convictions have suffered and do suffer significant
disadvantage’. However, ‘the implications of applying indirect discrimination and
affirmative action to those with past convictions are also difficult to calculate…reform of
rehabilitation of offenders legislation may be a more appropriate vehicle to deal with the
rights of those with past convictions than inclusion in the SEA’. The Commission
concludes that it ‘is not satisfied at this stage that the inclusion of “past convictions”
would be appropriate in the SEA although this opportunity should be taken for
consideration of the appropriate and effective means of addressing the protection of rights
in this area.’ The Commission does not take account of the effect on families and
dependents.
27

5.14 Prisoners and the Bill of Rights 97
There was no mention of prisoners in the NIHRC’s initial consultation document. 98
Submissions to the Commission supported the right to re-integration for prisoners. 99 The
anti-discrimination clause 100 includes those in ‘possession of a criminal conviction’, 101 one
of the grounds additional to those covered under Article 14 of the European Convention
on Human Rights. 102 The term ‘other status’ in the clause allows flexibility – ‘for example,
the family members of individuals convicted of crimes are often the object of
discrimination because of their kinship with an ex-prisoner….the term “other status”
would allow such individuals to be protected.’ 103 The report makes no distinction between
conflict and non-conflict convictions, i.e. between political and criminal ex-prisoners. 104
The Independent Working Group on the Criminal Justice section of the Bill of Rights
took the view that the discrimination clause ‘should include those convicted of, or charged
with, a criminal offence’, noting that one in three males under the age of 35 in Northern
Ireland has a criminal record. The Group felt that the Bill of Rights should include a
specific provision dealing with politically motivated offences concerned with the conflict:
Where a person has been convicted of any act, offence or omission associated with past conflicts any
entry or record of the conviction shall be deemed to be expunged from all official documents or
records. This provision shall be subject only to measures necessary for the protection of the safety of
the public. 105
The Independent Working Group on the Equality Section of the Bill of Rights
recommended the phrases ‘possession of a criminal or political conviction’ noting that it
was important to ‘protect former prisoners, both those who have served sentences for
criminal activities, and those who consider that they were political prisoners’. 106 The most
recent document on the Bill of Rights includes ‘possession of a criminal conviction’. 107
5.15 Institutional Reform
Bell has noted:
To design institutions to protect civil and political rights is to acknowledge the connection between
past abuses of human rights and conflict, and to attempt to prevent this cycle in the future. Although
97 NIACRO and Sinn Féin submitted that the right to expunge the criminal records of political prisoners
should be included and advocated amnesty for politically motivated crimes. Others advocated ‘the exclusion
of convicted terrorists from special protection or amnesty’ - WAVE Trauma Centre, Ballymoney Borough
Council, Fermanagh and South Tyrone Terrorist Victims’ Association, WAVE Trauma Centre emphasising
the right of victims. Making a Bill of Rights for Northern Ireland: A Consultation, 2001
98 Making a Bill of Rights for Northern Ireland: A Consultation, 2001
99 From Probation Board for Northern Ireland, NIACRO, Amnesty International, SinnFéin, Summary of
Submissions on a Bill of Rights, NIHRC, July 2003
100 Everyone has the right to be protected against any direct or indirect discrimination’ – ‘the Commission
has chosen the phrase “right to be protected” in order to create a positive duty on the state to prevent
discrimination rather than merely prohibit it’. Making a Bill of Rights for Northern Ireland: A Consultation,
2001
101 Amnesty International had reservations because of those convicted of sexual offences.
102 ‘These additional grounds reflect the need to protect vulnerable groups within Northern Ireland.’
NIHRC, Making a Bill of Rights for Northern Ireland, A Consultation, 2001
103 Ibid.
104 Ibid.
105 Reports of the Independent Working Groups to the NIHRC, March 2001
106 Ibid.
107 NIHRC, Progressing a Bill of Rights for NI, An Update, April 2004
28

negotiated with a backward glance to past violence, these components of peace agreements are,
however, essentially forward looking. They aim to deal with future events. 108
The Good Friday Agreement set out provisions for dealing with the institutional legacy of
the past: criminal justice, policing, mechanisms for enforcing rights, new equality
legislation, measures related to reconciliation, victims and prisoners.
The Criminal Justice Review Group introduced the Review thus: ‘We were asked to
“bring forward proposals for future criminal justice arrangements”….And in that sense we
look forward to the future, not backwards to the past.’ Essentially the past in the Review is
‘dealt with’ by reforming the criminal justice system. The suggested preamble for the Bill
of Rights, based on paragraph 2 of the ‘Declaration of Support’ in the Good Friday
Agreement, states: ‘the tragedies of the past have left a legacy of suffering in Northern
Ireland and that those who have died or been injured, and their families, can best be
honoured through a fresh start dedicated to the achievement of tolerance, reconciliation
and mutual respect.’ 109 ‘Whether one is a supporter of the Agreement or not, the
Commission believes that the sentiments expressed in the paragraph should command
universal support in Northern Ireland.’ 110 In the opinion of The Independent
Commission on Policing (Patten Report):
[I]t was equally clear to us that we would never be able to fashion a fresh start out of a series of
judgements about who was culpable for each of the tragedies of the past. Northern Ireland voted
overwhelmingly in 1998 to turn its back on the politics of revenge and retribution….So we have seen
our approach as restorative, not retributive – restorative of the values of liberty, the rule of law and
mutual respect, values that have somehow been casualties of the years of violence. By means of a
fresh start for policing, our aim is to help ensure that past tragedies are not repeated in the future.
Noting that in their public meetings, ‘the Commission heard many harrowing stories from
individuals about their experiences of violence in the last 30 years. We were not established
as a truth and reconciliation commission, yet we found ourselves inevitably hearing the
sort of stories that such a commission would be told.’. 111 This motivated them, the Patten
report states, in their task of reorganising policing to ensure a better service in the future
(an implied criticism of policing in the past). The Independent Commission does not make
specific recommendations for past abuses to be addressed as part of their changes.
Although the Commissioners:
had no powers to investigate specific allegations, we took seriously a number of allegations
concerning past police performance, some of which are still under investigation. Whatever the
outcome of these investigations, we are in no doubt that the RUC [Royal Ulster Constabulary] has
had several officers within its ranks over the years who have abused their position….It is not
satisfactory to suggest, as some people have, that one should somehow accept that every
organisation has such ‘bad apples’. They should be dealt with.
However, the report suggests nothing further by way of lustration or sanction for officers
previously involved in past human rights abuses (who are now responsible for new
policing with human rights values at its core). Creation of a rights-based culture and
insistence on a human rights oath; more accountability and transparency; doing away with
108 Bell, C. PEACE AGREEMENTS AND HUMAN RIGHTS, 2003
109 NIHRC, Progressing a Bill of Rights for Northern Ireland, An Update, April 2004
110 Ibid.
111 The Northern Ireland Women’s Coalition responded: ‘We believe there may be merit in the publication of
a text that documents these personal stories’. Northern Ireland Women’s Coalition, A New Beginning: Policing
in Northern Ireland, The Report of the Independent Commission on Policing for Northern Ireland, A
Response from the Northern Ireland Women’s Coalition
29

symbols of the past (including renaming the RUC) and ensuring a neutral environment;
management change within the force; Police Ombudsman’s receipt of police reports –
these are all ways of ensuring improvement in performance and changing the culture in
policing. As noted 112 the report could ‘be viewed as an attempt to address the legacy of
institutional delegitimation without an exploration of the process of delegitimation that an
examination of the past might have produced.’ People with ‘serious criminal or terrorist
backgrounds’ should not be considered for the police force but ‘young people should not
be automatically disqualified for relatively minor criminal offences.’ There ‘should be a
procedure for appeal to the Police Ombudsman against disqualification of candidates’.
The report recommended 113 funding for injured and retired RUC members and RUC
widows.
Institutional reform is examined more fully in the following sections.
5.16 In Summary
While men and women shared similar experiences of the conflict, there were gendered
experiences too. In dealing with the past, areas that concern women include: truth telling;
victims; impunity; compensation; institutional reform; and prisoners. The Agreement dealt
with the past by proposing that a ‘fresh start’ would best acknowledge those who had
suffered. However, the need for a process of truth telling and what that might be is now
being considered. Whatever the mechanism, women’s experiences need to be voiced.
Victims were included in the Agreement and strategies are in place to deal with them. The
issue itself raises many questions, not least how ‘victim’ is defined. Broader definitions
tend to be more inclusive of women’s experience. No survey of the needs of women
victims appears to have been carried out although women benefit from many of the
strategies in place.
The number of women imprisoned was relatively low and only eight availed of the early
release scheme. The prisoner issue is still of concern to women in a number of ways. For
some the scheme may have proved difficult because of the loss of loved ones. As partners
and relatives of ex-prisoners they may be dependent on a male breadwinner. Nondiscrimination,
equality and re-integration of prisoners will impact on the well-being of
families. As anti-discrimination measures extend to include all prisoners, not just those
imprisoned as a result of the conflict, those convicted of crimes such as rape or domestic
violence may benefit from provisions, which in suiting the ‘particular circumstances in
Northern Ireland’ are broader. In dealing with the past through institutional reform,
women may benefit from the overhaul of existing institutions and the creation of new
ones.
112 Bell, Campbell, Ní Aoláin, Justice Discourses in Transition, Social and Legal Studies, Vol. 13, 2004
113 Recommendations 87 and 88
30

6. THE EQUALITY COMMISSION
6.1 Good Friday Agreement
Since sectarian inequality was central to the conflict, equality and human rights was a
crucial part of the Agreement. A legal framework for mainstreaming equality was proposed
and the section Rights, Safeguards and Equality of Opportunity included a commitment to
‘create a statutory obligation on public authorities in Northern Ireland to carry out all their
functions with due regard to the need to promote equality of opportunity in relation to
religion and political opinion; gender; race; disability; age; marital status; dependants; and
sexual orientation’. Standard categories in international law, they facilitated the smooth
inclusion of sectarian equality. They also presented an opportunity to review the status of
women in Northern Ireland society and actively promote women’s equality.
A new statutory Equality Commission would replace the Fair Employment Commission
(NI), the Equal Opportunities Commission (NI), the Commission for Racial Equality (NI)
and the Disability Council and would advise on, validate and monitor the statutory
obligation and investigate complaints of default. The Northern Ireland Assembly would
consider establishing a Department of Equality.
The key instruments for the implementation of equality were:
• The Equality Commission
• Section 75 of the Northern Ireland Act
• The Single Equality Act (SEA)
• Government approach to equality
6.2 The Equality Commission for Northern Ireland
The Equality Commission was established through the Northern Ireland Act 1998 which
provided that the Commission should have fourteen to twenty commissioners, including a
chief commissioner and a deputy chief commissioner, who would ‘as far as practicable
secure that the Commissioners, as a group, are representative of the community in
Northern Ireland’. 114 The Commission's general duties include: 115
• working towards the elimination of discrimination
• promoting equality of opportunity and encouraging good practice
• promoting affirmative/positive action
• promoting good relations between people of different racial groups
• overseeing the implementation and effectiveness of the statutory duty on
public authorities
• keeping the relevant legislation under review
6.3 Section 75 Northern Ireland Act 1998
Under Section 75 public authorities are required to have due regard to the promotion of
equality of opportunity.
Statutory duty on public authorities.
114 Northern Ireland Act 1998, section 73(4)
115 Equality Commission for Northern Ireland: Summary Report on the Implementation of the Section 75
Equality and Good Relations Duties by Public Authorities, 1 January 2000 - 31 March 2002
31

75. - (1) A public authority shall in carrying out its functions relating to Northern
Ireland have due regard to the need to promote equality of opportunity-
(a) between persons of different religious belief, political opinion, racial group,
age, marital status or sexual orientation;
(b) between men and women generally;
(c) between persons with a disability and persons without; and
(d) between persons with dependants and persons without.
(2) Without prejudice to its obligations under subsection (1), a public authority
shall in carrying out its functions relating to Northern Ireland have regard to
the desirability of promoting good relations between persons of different
religious belief, political opinion or racial group.
Schedule 9 makes provision for the enforcement of the duties under this
section. Although Schedule 9 and the use of equality schemes establish
‘appropriate arrangements’ for the promotion of equality of opportunity under
section 75(1), they are largely silent on appropriate arrangements for the
promotion of ‘good relations’.
6.3.1 Equality Schemes
Each public authority must have an equality scheme in place, as both a statement of its
commitment to the statutory duties, and a plan for performance on the duties. Public
authorities must assess the equality impact of their policies and publish the outcome. If
assessment shows a possible ‘adverse impact’ on any group, it must consider how this
might be reduced, and how an alternative policy might lessen any adverse impact the policy
may have. The public authority must also show that it considered how any alternative
policies might better achieve the promotion of equality of opportunity. 116
6.4 Section 75 and Women
Public authorities must have due regard to promoting equality across a range of groups
and between ‘men and women generally’. A distinction is made with regard to women and
the listed categories (women are obviously represented in these categories as well: e.g.
disability - 41% men, 59% women; age - 59% of those over 60 are women, 64% of those
over 74 are women). 117 The distinction, however, becomes blurred when bodies covered
by the legislation frequently refer to the ‘nine’ categories. Do women then become oneninth
without exploration of the factors underpinning discrimination against 50% of the
population and consequently failure to introduce appropriate measures? For example, the
Justice Northern Ireland Act 2002 states: ‘The section 75 duty requires bodies to “have
regard to the need to promote equality of opportunity” between the nine section 75
categories (religious belief, political opinion, race or ethnic group, age, marital status, sexual
orientation, gender, disability and dependency).’ This usage is common across many
documents. Also worth noting is that the Section 75 duty requires ‘due regard’, not merely
‘regard’ as quoted by the 2002 Act and which the Equality Commission deems a weaker
commitment – an example of how the intention becomes diluted when the legislation is
drawn up.
Does this formula aid or inhibit equality vis-à-vis different groups of women (as noted
below the gender pay gap is greater for particular women)? Do women face the double
116 At 31 March 2002, the Equality Commission had approved 95% of draft equality schemes of NI
authorities and 63% of equality schemes of public authorities. Ibid.
117 See statistics at www.genderequalityni.gov.uk
32

task of facilitating integration and equality? For example, an Equality Commission
document, 118 effectively a guide for employers, outlines the measures needed to create
equal opportunity in the workplace. Mindful of the range of categories, suggestions are
broad, such as provision of resources to close the equality gap. However, as regards
women, the resources could have been specified, i.e. provision of childcare facilities.
Essentially inclusion in a broad equality agenda may mean imprecision in detailing what is
required, making it more difficult to measure outcomes.
6.4.1 Women and Good Relations
‘Good relations’ should be promoted between persons of different religious belief, political
opinion and racial group, the only three categories to which the duty applies. Presumably
this is an effort to change sectarian mindsets and division, to get at less visible motives
behind sectarianism. There is no such attempt to change prejudices and assumptions
behind gendered discrimination. Is there an opportunity to at least explore gender issues
within the three categories? An Equality Commission report on good relations states that
because it deals with the three stated categories, ‘women and the LGB [lesbian, gay and
bisexual] community have therefore generally been omitted from this report.’ 119 This
means that within the report, for example, there is no gender perspective on racism. Yet
women have a track record with regard to fostering relations between divided communities
and many councils have included women’s groups as a way of promoting good relations. 120
As will be seen across the various headings of this report, strategies to deal with
sectarianism are more robust than strategies around sexism.
6.5 Single Equality Act
The Equality Commission in its submission to CEDAW in April 2003 described the
equality situation for women in Northern Ireland as follows: ‘Although there have been
dramatic changes in the roles of women, particularly at work and in education, inequality
between women and men persists in all areas of social, economic and political life in
Northern Ireland.’ For example:
•
•
•
•
•
65% of women over 16 years of age are economically active compared to 80%
of men.
women workers are concentrated in low paid, low status jobs and in part-time,
casual and temporary work associated with poor terms and conditions.
women earn 85% of men’s gross weekly earnings, including overtime.
Northern Ireland has 62.4 day nursery places per 1000, 0 – 4 year olds,
compared to a United Kingdom average of 95.
women comprise only 14% of the NI Assembly, 18% of local councillors and
31.7% of the membership of public bodies. 121
Much sex inequality stems from society’s failure to recognise and accommodate the fact
that women continue to be the primary carers of children, older people and others who
require support and assistance. Therefore given the close links between the economic,
social and political spheres, women’s disadvantage will continue until the inequalities in
men and women’s overall circumstances are addressed. 122
118 Equality Commission, Model Equal Opportunities Policy, 2004
119 Equality Commission Section 75(2) of the Northern Ireland Act 1998, Audit of Progress on the Good
Relations Duty 2000 – 2003
120 For example, Derry Council’s Women’s Programme, The Women Into History Project
121 Equality Commission Submission to CEDAW, April 2003
122 Ibid.
33

With regard to the economy wide gender pay gap, in April 2002 in Northern Ireland,
average hourly earnings for all women were 85 per cent of the average for all men, giving a
whole economy gender pay gap of 15 percentage points. 123
The Equality Commission submission also noted that failure to enact Single Equality
Legislation meant that ‘the present framework of equality legislation in NI is fragmented,
inconsistent and incoherent. There are important gaps in the coverage of the legislation,
and the law in NI falls short of the requirements of EU law and international and
European human rights law.’ 124 A Single Equality Act could simplify and clarify existing
laws; harmonise existing and new areas of protection and develop a best practice approach;
allow for the legislature to revisit and to expand the list of groups to which equality must
be guaranteed; focus on clear commitments to equality with an increasing emphasis on
equality of outcome. Legislation should take a unified approach to equality across all
grounds, where the best of existing laws are applied to all. 125
6.6 The Single Equality Act and Women 126
The Northern Ireland Executive in its first Programme for Government 127 committed
itself to consulting on a Single Equality Bill, 128 with a view to introducing this in 2002. A
number of factors made this timetable unrealistic: the need for more information and
further debate on issues; 129 all EU equality Directives had not been finalised, and an
Assembly election was timetabled for May 2003, 130 creating difficulties in the passage of
primary legislation. A number of European Union Directives 131 were set to impact on
123 The gender pay gap for full-time women now stands at 11 percentage points. The trend is upward, with
the gap closing at a rate of about 0.8 percentage points per annum. The gender pay gap for part-time women
is wider, standing at 32 percentage points in April 2002. This gap has not been improving. The figures
highlight how equality measures may impact differently on groups of women.
124 Equality Commission Submission to CEDAW, April 2003
125 The Framework Employment Equality Directive 2000 (FEED) and the Race and Ethnic Origin Directive
2000 (REOD) each has a ‘non regression’ clause, whereby implementation of the Directive cannot be used to
lower pre-existing national standards. In order to achieve universality across the grounds protected, the ‘best
standard’ within exiting regimes would have to be applied across all grounds.
126 See the Equality Commission Response to OFMDFM Consultation Paper, A Single Equality Bill for
Northern Ireland, November 2004, which largely reflects the well-established position of the Commission as
articulated in earlier papers.
127 Programme for Government: Making a Difference 2001-2004, Northern Ireland Executive, 2001.
128 See OFMDFM consultation document: A Single Equality Bill for Northern Ireland.
129 OFMDFM, Promoting Equality of Opportunity, 3 May 2001.
130 A joint manifesto was produced by the Equality Commission, the Women’s Committee of the Irish
Congress of Trade Unions and the Women’s Policy Group and endorsed by numerous women’s groups and
other organisations. The Manifesto presents a set of demands around a number of key gender equality areas
that needed to be addressed by the incoming Assembly:
• Improved gender equality legislation
• Social security and tax arrangements that meet the particular needs of women
• Access to affordable childcare
• Increased financial support for community development and voluntary organisations
• Encourage women’s political participation and promote greater representation of women in public
appointments
• More accessible health clinics including for sexual and reproductive health
• Access to refuge centres
• Resources to prevent violence and abuse
Women’s Manifesto for Northern Ireland Assembly Elections 2003
131 Race and Ethnic Origin Directive (REOD) 2000/42/EC; Framework Employment Equality Directive
2000/78/EC; Equal Treatment Amendment Directive 2002/73/EC.
34

equality law in Northern Ireland. With the timetable for a Single Equality Act extended,
Government moved to implement some of these changes through Regulations under the
European Communities Act 1972. 132
A number of issues concern women with regard to the Single Equality Act:
A ‘common template’: The Equality Commission is committed to a ‘common template’
across all the grounds in the SEA and envisages a ‘rising floor’ of principles below which
the standards of the SEA cannot fall. The first is ‘non-regression’, a concept now familiar
in European equality law. 133 The Commission considers that a weakening of the protection
for one group weakens the protection for all and causes confusion and difficulties in multiidentity
cases. For women, this would mean that gender equality measures would not dip
below guarantees for other categories, such as race. On the other hand, if every category
has to be included, does it slow down the rate of progress for all? Or might it assist more
socially excluded women in accessing equality of opportunity, thus narrowing the gap
between women who are in a stronger position to benefit from an equality agenda and
those who are not? There is also the danger that issues with a systemic gender
discrimination root become slipstreamed into one of the other categories, thereby missing
the underlying gender factors at work. For example, ethnic women doubtless suffer
domestic violence. The problem is nonetheless one of gender rather than race. 134
Additional grounds: 135 What grounds will be included? Would numerous additional
grounds affect the template, would it dilute it? Potential additional grounds of relevance to
women are: the definition of gender - is gender reassignment included? A combination of
case law in the European Court of Justice (ECJ) 136 and the European Court of Human
Rights 137 indicates that many aspects of gender reassignment would be appropriate as part
of an extended definition of gender in the SEA. Will gender identity be included as
132 The Equality Commission expressed concern that implementation through the Regulations under the
European Communities Act 1972 ‘will limit the opportunities for debate and amendment which would have
been possible had primary legislation been proposed. Furthermore, it is important that the draft Regulations
do not pre-empt a full and far ranging debate on the Single Equality Act.’ Equality Commission submission
to CEDAW, April 2003
133 For example, Race and Ethnic Origin Directive 2000 (REOD) Article 6.2, and Framework Employment
Equality Directive (FEED) Article 8.2, which provide, ‘The implementation of this Directive shall under no
circumstances constitute grounds for a reduction in the level of protection against discrimination already
afforded by Member States in the fields covered by this Directive.’
134 Note, for example, the Equality Commission’s submission that ‘domestic violence for ethnic minorities
will be dealt with, not under the Gender Strategy but will fall under the remit of the Race Equality Strategy. It
is unlikely, that at a strategic level, domestic violence will feature as a priority for an over arching race
strategy. It is clearly a gender based issue and therefore needs to be addressed in the action plan flowing from
the Gender Strategy.’ Equality Commission Response to OFMDFM Consultation Paper, A Single Equality
Bill for Northern Ireland, November 2004
135 ‘One approach towards additional grounds is to adopt a “long list” approach, including a significant range
of grounds in the legislation. The Commission has reserved its position on their inclusion in a Single Equality
Act. It may be that a “long list” approach is appropriate for a constitutional document [i.e a Bill of Rights]
and a shorter list where the entire edifice of an equality law regime, including indirect discrimination,
affirmative action and the remit of the Commission, is applicable. In a Bill of Rights, the focus is upon nondiscrimination.
An equality clause will set out a list of “prohibited factors”, upon which it is not permissible
to rely. Although the draft Section 4(3) in the NIHRC Update Paper has included indirect discrimination
within the scope of the non-discrimination clause, this is unusual in a human rights instrument, outside of
those specifically directed at equality issues.’ Equality Commission Response to OFMDFM Consultation
Paper, A Single Equality Bill for Northern Ireland, November 2004
136 Case C-13/94, P v S and Cornwall County Council [1996] IRLR 347.
137 Goodwin v United Kingdom [2002] IRLR 664 (ECHR).
35

additional grounds, and what about pregnancy? 138 Should ‘marital and family status’ or
protection in relation to those with dependants be included?
Protection against discrimination for those with ‘past convictions’ and those who are
‘victims’, have emerged in the context of thirty years of conflict and the peace process and
as shown earlier can impact on women. The ground ‘other status’ allows flexibility for
unforeseen categories.
Equal pay: In its Recommendations for Change to the Equal Pay Legislation, 139 the
Commission noted problems with delays, legal complexities, and excessive costs. Issues of
unequal pay are ‘symptomatic of wider issues of systemic discrimination’. The Single
Equality Act is an opportunity to review shortfalls and makes changes to the Equal Pay
Legislation. The Commission has suggested extension of the equal pay legislation across
the grounds of the SEA and the absorption of the Equal Pay Act into the SEA.
Direct and indirect discrimination: Noting that aspects of both the direct and indirect
discrimination definitions 140 are ‘minimum standards’ the Commission has argued the case
for widening the definitions 141 and that discrimination based upon any ground in the SEA
should also include any combination of grounds, in order to address multi-identity issues and
situations in which it is the combination of prohibited factors which is the issue at stake.
138 ‘The extension of the definition of gender to include pregnancy by the ECJ has ensured that existing
discrimination law governs this ground. It may be that existing gender equality legislation, together with
specific rights for pregnant workers, already provides adequate protection. Nonetheless, in accordance with
the recommendations of the Commission’s predecessor, the EOCNI [Equal Opportunities Commission of
Northern Ireland], the Commission would wish to see the SEA, “for the avoidance of doubt”, set out that
direct discrimination on grounds of pregnancy is also direct discrimination on grounds of sex. The
Commission would wish to see clarification in the SEA that direct discrimination on grounds of pregnancy is
also direct discrimination on grounds of sex.’ Equality Commission Response to OFMDFM Consultation
Paper, A Single Equality Bill for Northern Ireland, November 2004
139 Recommendations for Change to the Equal Pay Legislation, Belfast, EOCNI, 1990
140 Set out in the REOD and the FEED
141 ‘In relation to the definition of direct discrimination, Art 2(2)(a) ROED/FEED states that “direct
discrimination shall be taken to occur where one person is treated less favourably than another is, has been
or would be treated in a comparable situation, on any of the grounds referred to in Article 1”. Although this
is similar to a British definition of direct discrimination, it grounds the notion of direct discrimination strictly
on a “comparative” basis. Some vital ECJ judgments in gender equality law, Case C-177/88 Dekker ([1990]
ECR I-3941) and Case C-32/93 Webb v EMO Air Cargo (UK) Ltd ([1994] ECR I-3537), both on pregnancy
discrimination and Case C-13/94 P v S ([1996] ECR I-2143), on gender assignment discrimination, cannot be
easily reconciled with a comparative approach at all. The view of the Commission is that a comparator is
evidence of discrimination but not the essence of discrimination. The real rationale for direct discrimination is to
prohibit reliance on a discriminatory “prohibited” factor. Therefore, the Commission would wish to see a
definition which provides that direct discrimination occurs when a “disadvantage is based upon” a prohibited
factor. The Consultation Paper, with reference to the Commission’s preferred definition, states that it would
involve a shift from a focus on ”treatment” to a focus on “outcomes”. But discrimination is about outcomes.
Treatment is merely the “means” towards the “end” of the outcome. Article 2(2)(b) ROED/FEED provides
that “indirect discrimination shall be taken to occur where an apparently neutral provision, criterion or
practice would put persons having a particular religion or belief, a particular disability, a particular age, or a
particular sexual orientation at a particular disadvantage compared with other persons unless (i) that
provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim
are appropriate and necessary”. The Commission is uncomfortable with
the “legitimate aim” element in the definition. As a specialised agency combating unlawful discrimination and
promoting equality of opportunity, indirect discrimination is a vital component in the Commission’s armoury
against institutionalised or systemic discrimination. A weakened objective justification test compromises the
attainment of that objective.’ Recommendations for Change to the Equal Pay Legislation, Belfast, EOCNI,
1990
36

Positive action: The Commission proposed an expanded role for positive action to
promote equality of opportunity, considering it a major vehicle for the promotion of
equality of opportunity.
Broadening ‘standing’: In relations to its own powers, the Commission proposed that it
should have standing to bring cases on behalf of named individuals and in cases of
systemic discrimination, to bring cases in its own name. It also proposed extending this
standing to trade unions and other suitably qualified organisations. 142 If this widening of
power is ceded it may enable women’s organisations to identify and tackle systemic
discrimination. A more proactive approach towards remedies in the tribunals and courts,
with a focus on changing policies and practices; effective compensation for discrimination,
alternative dispute resolution and the establishment of an Equal Pay Forum, as proposed
by the Commission, might accelerate the equality agenda and make it more dynamic.
Voluntary sector: Women play a dominant role in the voluntary sector. Applying the
Single Equality Act to private clubs and voluntary associations may place more of a burden
on voluntary organisations and yet volunteers need to be protected against discrimination.
On balance, the response of the voluntary sector has been for inclusion. 143 It would also
have the effect of opening up private clubs, such as golf clubs, which have traditionally
facilitated networking among men to the exclusion, and at the expense of, women.
6.7 Programme for Government
The Programme for Government gave a commitment to develop a strategy ‘to tackle gender inequalities,
with subsequent implementation’. 144 A Gender Equality Unit has been set up within the OFMDFM to
promote gender equality throughout the work of the NI departments and has central responsibility for
gender policy. 145 After consultation a gender equality document was produced 146 and a
strategy to develop a database of gender disaggregated statistics to show progress. 147 The
Equality Commission responded that ‘the present strategy will not fundamentally address
gender inequality. We believe that the vision has not been set from a gendered analysis of
inequality, including a necessary focus on the multiple disadvantages experienced by
women. We are concerned that the concept of choice within the document is not qualified
by the structural context of women’s lives.’ 148 The Commission was also concerned that
‘the overall strategy lacks specific actions to tackle gender inequalities’ and failed ‘to
provide an analysis of gender inequalities within existing social, and economic structures.’
The document is gender neutral, thus flattening the potential for dealing with women’s
inequality. With regard to education, ‘there is no sense that the education system has a role
to play in socialising boys and girls to adopt behaviours and values based on gender
equality’ and the Commission points out that ‘it is also vital that strategies to address
under-achievement in boys do not have a negative impact on girls. Differences in
attainment by social class have been found to be more significant than gender differences.’
142 Equality Commission Response to OFMDFM Consultation Paper, A Single Equality Bill for Northern
Ireland, November 2004
143 See NIVCA Response to OFMDFM Consultation Paper, A Single Equality Bill for Northern Ireland,
November 2004
144 This was restated in Priorities and Budget in which equality is a key theme. www.pfgbudgetni.gov.uk
145 See www.genderequalityni.gov.uk
146 OFMDFM Gender Matters Towards a cross-departmental strategic framework to promote gender
equality for men and women 2005-2015
147 OFMDFM Research Branch, Esther Breitenbach and Yvonne Galligan, Gender Equality Indicators for
Northern Ireland: A Discussion Document, January 2004
148 Equality Commission Response to Gender Matters Towards a cross-departmental strategic framework to
promote gender equality for men and women 2005-2015, February 2005
37

The Commission is concerned that the strategy suggests:
that women have genuine, unconstrained choices about how they wish to live their lives. In effect,
this analysis suggests that women choose to work part-time, be poorly paid, have no access to
training, live in poverty, have no value attached to their attributes and take on a large proportion of
domestic and caring work for no pay or recognition. It is important that the strategy recognises that
the lack of good quality accessible childcare, lack of family friendly employment opportunities,
employment options, differential educational attainment and the gendered division of labour
constrains the choices that women make.
The strategy does not incorporate issues of race, disability, political opinion, religious
belief, sexual orientation and age, thereby ignoring that ‘gender intersects with other forms
of discrimination and disadvantage’ and the diversity that stems from multiple identities. 149
The experience and needs of black and ethnic minority women is omitted, as is the
problem of trafficking and prostitution.
The issue of women and conflict is not addressed. The Equality Commission notes that
this is one of the critical areas in the Platform for Action, is in line with commitments
under the United Nations Security Council Resolution 1325 and an integral component of
the good relations duty under section 75.’ 150
The strategy focuses on gender mainstreaming and does not incorporate measures for
positive action measures to address the disadvantage faced by women. The strategy lacks
information on outcomes, targets, timeframes and resources.
The South African experience highlights the importance of an appropriate government
response to women’s equality:
Unless there is a stabilisation of the gender perspective within government, gains that women make
can be transitory. It is because of this that national machineries for women have been considered to
be nodal points within governments for the overseeing of mainstreaming of gender perspectives not
only into policies, but also institutional change. 151
After the election in South Africa in 1994, submissions to a committee on Specialised
Structures of Government heard the following reasons for the establishment of a
Commission to improve the status of women: the complexities and priorities of the
transition period may lead to the subordination of gender priorities to national priorities of
reconstruction; the hidden contradictions of patriarchy manifested in the private-public
dichotomy; the cultural, religious and other justifications for gender inequality call for
concerted efforts in shifting the mindset and beliefs of society; the absence of a democratic
149 Ibid.
150 The CEDAW heading Women and Armed Conflict is included in the Irish Republic’s document which
states ‘Women’s community and grass-roots peace-keeping groups have flourished in Northern Ireland and
are acknowledged to have played an important role in the peace process. Women’s groups in the Republic
have made alliances with women’s organisations in Northern Ireland, supporting their participation in
building and maintaining a peaceful society. Women’s groups are also supportive of women in situations of
conflict in other parts of the world, and have used their skills and expertise to aid women suffering the
consequences of conflict. These grass-roots initiatives in restoring peace to strife-ridden societies is vital
work and should be fostered and resourced.’ The Development of Mechanisms to Monitor Progress in
Achieving Gender Equality in Ireland from the Dept. of Justice, Equality and Law Reform, December 2000.
151 Zulu, L. Institutionalising Changes: South African Women’s Participation in the Transition to Democracy in Shirin M.
Rai (ed.) INTERNATIONAL PERSPECTIVES ON GENDER AND DEMOCRATISATION, MacMillan Press Ltd.,
London
38

and human rights culture; ignorance about gender equality; other countries, where gains
made by women during liberation struggles were reversed after independence, provided
valuable lessons; international context and development agenda has placed a heavy
emphasis on mainstreaming and institutionalising gender considerations in all sustainable
development endeavours. 152 Several women’s organisations were formed, including the
Commission on Gender Equality, an independent statutory body, to tackle gender
discrimination and other oppression; the Office on the Status of Women to oversee and
coordinate policy on women; as well as a parliamentary committee on the improvement of
the quality of life and status of women to monitor progress in improving women’s lives.
(Although these institutions complain of being under-resourced.)
6.8 In Summary
Inequality was central to the conflict and addressing inequality was central to the peace
agreement. Dealing with sectarian inequality opened up the equality agenda for many
groups of people, including women. Section 75 should benefit women. However, to what
extent the inclusion of ‘gender’ as a category is the best way of furthering the equality
agenda for women is questionable.
The establishment of the Equality Commission should be a positive force in promoting
equality. The Commission has a clear understanding of the structural and systemic reasons
for discrimination against women. Review of existing discrimination legislation is an
opportunity to widen definitions of discrimination and to strengthen the role of civil
society in tackling structural and systemic discrimination. Whether government will adopt
the Commission’s proposals is another question. Likewise, the Single Equality Act should
harmonise equality legislation. The delay in bringing forth the Act, given the importance of
equality to the Agreement, is worrying.
Unfortunately, understanding of the structural and systemic reasons for discrimination
against women is uneven among the various public bodies. Most disappointingly, judging
by its gender equality strategy, the OFMDFM seems to lack a clear understanding. The
fear that pursuing equality for women under a gender heading may lead to a bland gender
neutral approach that obscures the gendered pattern of discrimination is borne out by the
OFMDFM document. Without clear action on the equality front, transition may mean
transitory gains for women.
152 Ibid.
39

7. NORTHERN IRELAND HUMAN RIGHTS COMMISSION
7.1 The Good Friday Agreement
The section of the Agreement headed Rights, Safeguards and Equality of Opportunity
makes provision for a Bill of Rights for Northern Ireland. The new Northern Ireland
Human Rights Commission is to advise on rights ‘supplementary to those in the European
Convention on Human Rights’ that will ‘reflect the particular circumstances of Northern
Ireland’. These additional rights should ‘reflect the principles of mutual respect for the
identity and ethos of both communities and parity of esteem’, and ensure ‘on the basis of
equality of treatment, the identity and ethos of both communities in Northern Ireland’ and
equal opportunity in both the public and private sectors. While recognising and
guaranteeing parity of treatment and esteem for members of the two main communities,
the Bill of Rights must avoid the risk of institutionalising the division between these
communities. It must also protect the rights of members of smaller communities and of
those who do not want to be treated as belonging to any particular community.
The Agreement makes the link between the status of women and peace in recognising the
need to promote the status and participation of women in Northern Ireland, in the hope
of not only achieving a more equitable society but of establishing a stable and lasting
peace.
7.2 The Northern Ireland Human Rights Commission
The Northern Ireland Human Rights Commission was formally established by the
Northern Ireland Act 1998. Its existence has been fraught and problems have led to the
resignations of some Commissioners. Most recently, the gender line up included a male
Chief Commissioner; 153 and two out of five of the commissioners were women. 154 The
terms of office of the Chief Commissioner and three Commissioners 155 ended on 28
February 2005 and these positions have not yet been replaced. Currently, the Chief
Executive is a woman 156 and staff at the Commission is predominantly female. However,
three recent senior management appointments were all male. 157 With regard to women the
Commission has:
• discussed women’s rights in the context of a Bill of Rights
• outside the Bill of Rights process, taken up the issue of women prisoners
• made a submission to the CEDAW committee
• engaged with other relevant bodies such as the Equality Commission
7.3 The Bill of Rights 158
The Commission’s draft proposals for a Bill of Rights 159 were based on a number of
factors including international human rights standards, meetings held with organisations
153 Brice Dickson
154 Margaret-Ann Dinsmore, Tom Donnelly, Christine Eames, Tom Hadden, Kevin McLaughlin
155 Tom Hadden, Margaret-Ann Dinsmore, Tom Donnelly
156 Paddy Sloan
157 Peter O'Neill- Head Of Information, Education & Development; Ciarán Ó Maoláin- Head Of Legal
Services, Policy & Research; and Don Leeson- Head Of Corporate Services.
158 The following documents from the Northern Ireland Human Rights Commission show the process of
creating a Bill of Rights: Making a Bill of Rights for Northern Ireland, Consultation Document, September
2001; The Bill of Rights and Women, January 2001; Summary of Submissions on a Bill of Rights, July 2003;
Progressing a Bill of Rights for Northern Ireland, An Update, April 2004
40

and individuals, responses received during the first phase of the consultation, and the
views of nine independent Working Groups chaired, in the main, by people outside the
Commission.
7.3.1 How to Deal with Women’s Rights?
As each Working Group was charged with the Commission’s equality duty (section 75 of
the Northern Ireland Act), and because it was believed initially that women’s rights would
be mainstreamed in the document, a specific working group for women was not
established. However, while the groups highlighted some issues concerning gender, the
importance of these tended to be overshadowed by the recommendations specific to the
remit of each group and seldom found expression in the text of the working groups’
proposed clauses for the Bill of Rights. Following representations from women, a
pamphlet on Women’s Rights was published 160 that identified particular areas of concern.
Four themes consistently emerged: (1) persistent gender inequality; (2) the inadequate
protection of reproductive rights; (3) the prevalence of violence against women and girls;
and (4) under-representation in the political process. The Commission believed ‘that these
rights should be entrenched and legally enforceable’ and recommended their inclusion in a
separate chapter on the rights of women in their draft document. 161
Submissions on foot of the draft document were divided on the question of how women’s
rights should be treated. Almost 17% of submissions 162 make the case for mainstreaming
women’s rights. Some of these submissions argue that putting references to women’s
rights throughout the document could avoid creating a hierarchy of rights. On the other
hand, 14% of submissions 163 disagree with the commission’s approach and instead support
a separate chapter for women’s rights. These responses argue that women make a unique
contribution to Northern Ireland and suffer from a particular type of disadvantage.
Furthermore, they make the point that gender discrimination and discrimination on other
grounds often overlap. For example, women can suffer from discrimination not only on
the ground of gender but also on a combination of grounds such as race, sexual
orientation or political belief. 9% of the submissions 164 argue for an approach that
mainstreams women’s rights as well as keeping a separate chapter.
Subsequently, the section on women’s rights was dropped 165 and the rights incorporated
into related chapters with a commentary to explain the approach and the origin of each
provision. 166
159 Northern Ireland Human Rights Commission, Making a Bill of Rights for Northern Ireland, Consultation
Document, September 2001
160 Northern Ireland Human Rights Commission, The Bill of Rights and Women, January 2001
161 Northern Ireland Human Rights Commission, Making a Bill of Rights for Northern Ireland, Consultation
Document, September 2001
162 Such as those by Amnesty International, the Equality Commission, Northern Health and Social Services
Board, Southern Education and Library Board, the Catholic Bishops and the Probation Board
163 Such as those by Support Training Education Employment Research, Women’s Aid Belfast, Conference
of Religious of Ireland (CORI), Northern Ireland Public Service Alliance and the SDLP
164 Such as those by Women’s Support Network, Northern Ireland Women’s Coalition and the Women’s Aid
Federation (Regional)
165 Northern Ireland Human Rights Commission, Progressing a Bill of Rights for Northern Ireland, An
Update, April 2004
166 Ibid. Equality between men and women: see Chapter 4 (1), Equality and non-discrimination;
Right to reproductive health: see Chapter 15 (2) (b), Social, economic and environmental rights;
Freedom from gender based violence: see Chapter 8c (1), The rights of victims;
Right to fair, full and effective participation: see Chapter 2b (2), Democratic rights.
41

Essentially, seven years after the Agreement the NIHRC is still deciding how women’s
rights should be treated – (a) mainstreaming all rights, including women’s; (b)
mainstreaming most rights but adding a few specific rights; (c) inserting specific rights for
a number of specific groups. It has generally adopted (b) but the issue is still open for
discussion.
How do things stand in relation to the four key areas of concern?
7.4 Gender Inequality/Discrimination:
7.4.1 The Equality Clause 167
The proposed section 4(1) states that:
Everyone is equal before and under the law and has the right to equal protection and equal benefit of
the law. Equality includes the full and equal access to and enjoyment of all rights and freedoms set
forth by law.
Specific mention is made of women and girls and the duty of the State is outlined: 168
4(2) Equality between men and women must be ensured in all areas. The State shall take all necessary
measures to promote the equal enjoyment, benefit and protection of all human rights and
fundamental freedoms for women and girls. 169
The grounds for protection against discrimination are listed:
4(3) Everyone has the right to be protected against any direct or indirect discrimination whatsoever
on any ground (or combination of grounds) such as sex, marital or family status, sexual orientation,
genetic features, race or ethnic origin, nationality, colour, language, religion or belief, political or
other opinion, possession of a criminal conviction, national or social origin, association with a
national minority, property, birth, parentage, age, residence, status as a victim or any other status.
The original proposal had stated gender rather than sex. The discrimination clause includes
all the grounds listed in Article 14 of the European Convention on Human Rights and
others such as ethnic origin, nationality, belief, marital or family status, genetic features,
residence, possession of a criminal conviction, disability, parentage, age, residence, sexual
orientation and status as a victim. ‘Other status’ allows the clause to remain flexible as the
groups needing protection change over time. For example, the family members of
individuals convicted of crimes are often the object of discrimination because of their
kinship with an ex-prisoner. The term ‘other status’ would allow such individuals to be
protected.
The inclusion of ‘status as a victim’ as a ground for protection against discrimination is not
included as a protected ground in other international non-discrimination documents, but
the Commission is taking account of the ‘particular circumstances of Northern Ireland’.
Including the phrase ‘or combination of grounds’ acknowledges ‘that everyone has
multiple identities’.
The Commission considers the phrase ‘right to be protected’ creates a positive duty on the
state to prevent discrimination rather than merely prohibit it.
167 Ibid. Section 4 Equality and non-discrimination
168 Ibid.
169 The first element of this clause is taken from the European Union’s Charter of Fundamental Rights and
the second is taken from the UN’s Convention on the Elimination of Discrimination Against Women.
42

The Commission is also working on a provision requiring the state to grant effective
recognition to relationships other than marriage and to guarantee equality of treatment in
appropriate areas. 170
7.4.2 Public Bodies
The proposed wording is:
4(5) All public bodies are under a duty to have due regard to the need for laws, policies programmes
and activities aimed at achieving full and effective equality, in particular by reducing inequalities
affecting groups disadvantaged on the grounds specified in sub-section (3) above, or on socioeconomic
grounds. Such laws, policies, programmes and activities may include specific measures for
individuals from such groups and shall not constitute discrimination. 171
7.4.3 Positive Action
The Commission debated how best to promote ‘equality’ and positive action. While the
‘particular circumstances’ of Northern Ireland was open to differing interpretations, 172 it
allowed the possibility of widening out approaches to equality. 173 The Commission
proposed that since equality had been one of the main issues during the conflict, the
‘particular circumstances’ of Northern Ireland necessitated ‘more extensive equality rights
than those found in Article 14 of the European Convention’. 174 Best international practice
highlights an approach to equality rights which uses both equality and non-discrimination
provisions. 175 The EU law couches positive action as both a requirement and a
possibility. 176 Consultation with the public and the recommendations from the Working
170 Drawing on the terms of Article 5 of Protocol 7 the following formulation is suggested: ‘The State shall
adopt legislation to recognise and guarantee equality of rights and responsibilities of a private law character
for persons living together in marriage and in long-term domestic partnerships. Such legislation shall provide
for the formal recognition of the relationship and the rights and responsibilities of the partners during the
relationship and in the event of its dissolution.’ The Commission recognises that this clause would, amongst
other things, legitimise partnerships between gay men or between lesbian women.
171 Northern Ireland Human Rights Commission, Progressing a Bill of Rights for Northern Ireland:
An Update, April 2004, Section 4 Equality and non-discrimination. The wording here is not as strong as the
original proposal which included a requirement for measures on positive action: ‘Laws, policies, programmes
or activities aimed at achieving and sustaining full and effective equality, in particular by reducing inequalities
affecting groups disadvantaged on the grounds specified in clause 4(4) (the non-discrimination clause) or on
socio-economic grounds, and which may include specific measures for individuals from such groups, shall be
required [or may be adopted]. Such laws, policies, programmes or activities shall not constitute unlawful
discrimination.’ Making a Bill of Rights for Northern Ireland, Consultation Document, September 2001
172 See Northern Ireland Human Rights Commission, Making a Bill of Rights for Northern Ireland ,
Consultation Document, September 2001
173 Ibid. ‘Implicit in the commitment to the right to equal opportunity, to freedom from sectarian harassment
and to the right to full and equal participation (as specifically enumerated for women in the Agreement) is
the duty on the state actively to work towards the abolition of inequality of treatment.’
174 One of the gaps identified in the European Convention on Human Rights is the absence of a free-standing
provision guaranteeing equality or imposing a positive obligation on the state to redress inequality. Article 14
of the Convention only provides a guarantee against discrimination for the rights included in the European
Convention: ’The enjoyment of the rights and freedoms set forth in this Convention shall be secured without
discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national
or social origin, association with a national minority, property, birth or other status’. Protocol 12 to the
Convention extends the non-discrimination provisions in Article 14 but still does not address equality more
positively.
175 The Commission has drawn particularly from the European Union Charter of Fundamental Rights, the
Canadian Charter of Fundamental Rights and Freedoms, and the Bill of Rights chapter in the South African
Constitution. UN treaties which address gender and race issues also employ provisions which prohibit
discrimination and which require states to enact measures to address inequality.
176 EU Directives allow for positive action as legitimately different treatment under provisions defining indirect
discrimination. However, the Treaty of Amsterdam’s reference to combating discrimination through
‘appropriate measures/action’ implies that states are obliged to enact positive measures. UN Conventions also
43

Group on Equality both indicated strong support for a clause requiring positive action.
Such a clause would protect positive action against challenge from equality provisions,
indicating that positive action is a means to securing equality rather than something that
runs counter to it.
The Commission also discussed the appropriateness of the term ‘disadvantaged’ in the
positive action clause. The term finds resonance in documents such as the South African
Constitution and is one of the primary means by which ‘unfair’ discrimination is
determined. As used in this proposed Bill of Rights, the term, like the category ‘other
status’, is meant to be broad enough to change as the groups seeking protection may
change. The non-discrimination clause helps to clarify the meaning of ‘disadvantaged
groups’.
7.4.4 Harassment
While the Commission’s earlier proposal 177 described harassment and bullying ‘as powerful
tools in discrimination’ the later document 178 omits reference to harassment, preferring to
deal with it in the section on violence.
7.4.5 Convention on the Elimination of All Forms of
Discrimination Against Women
Article 2 of CEDAW requires more urgency: States Parties ‘agree to pursue by all
appropriate means and without delay a policy of eliminating discrimination against
women’. Article 4 proposes the adoption of ‘temporary special measures aimed at
accelerating de facto equality between men and women’.
7.5 Reproductive Rights
In June 2000 the Northern Ireland Assembly adopted a motion essentially rejecting the
extension to Northern Ireland of England's Abortion Act 1967. Many politicians seem
opposed to any legal change; women have diverse views on the subject. The Northern
Ireland Human Rights Commission has not developed a policy on abortion/termination
but notes that:
• The current law in Northern Ireland may be in violation of the ECHR 179 and
the Human Rights Act 1998, not for failing to provide for abortion, but for not
being sufficiently clear to allow doctors and women to distinguish between
legal and illegal action. This issue was recently addressed by the courts in
use language urging states to adopt appropriate legislation and to establish legal mechanisms to eliminate
discrimination. NIHRC, Making a Bill of Rights for Northern Ireland, Consultation Document, September
2001
177 Ibid.
178 NIHRC, Progressing A Bill Of Rights For Northern Ireland: An Update, April 2004, Section 4 Equality
and non-discrimination
179 The law in Northern Ireland currently criminalises women or others who seek to 'procure a miscarriage’.
However the courts have interpreted this law to have implicit exceptions. Under current case law in
Northern Ireland a single doctor can make the decision to terminate a pregnancy (with the consent of the
woman) in situations where to continue with the pregnancy would mean that the woman would become a
physical or mental wreck. In practice a large number of women (an estimated 2000) travel to England every
year for abortions/terminations either because they are unable to obtain them legally in Northern Ireland, or
for reasons of confidentiality. Terminations do take place in Northern Ireland, but medical information
suggests that the majority of these are on grounds of foetal abnormality, a ground that is arguably not clearly
permitted under present interpretations of the law. The present law governing abortion in Northern Ireland
is so uncertain it may violate the ECHR requirement that criminal laws be clear and prospective.
44

judicial review proceedings brought by the Family Planning Association of
Northern Ireland. 180 This case marked a recognition by the Northern Ireland
Court of Appeal of the uncertain legal framework regulating access to abortion
in Northern Ireland, and the imposition of a duty on the Department of
Health to provide guidelines to medical professionals stating the law in relation
to the lawful termination of pregnancy.
• The European Commission and Court on Human Rights and other
international human rights bodies have consistently refused to find that the
foetus has an absolute right to life under the right to life provisions of
international conventions.
• The European Commission and Court on Human Rights and other
international human rights bodies have never articulated an absolute 'right to
choose' for women.
The Commission has concluded that it would be inappropriate to deal with abortion in a
Bill of Rights and that the issue is best dealt with by legislation that seeks to accommodate
differing positions. Since, according to the Commission, there appears to be greater
consensus on the question of access to appropriate reproductive health care and to
associated information, 181 the right of women to decide in matters of reproductive health
has been included: 182
15(2)(b) Everyone has the right to have equal and free access to sexual and reproductive health care
and to information and education relating to sexual and reproductive matters at all levels, free of
coercion, discrimination and violence. 183 While these rights have been included, they are imprecise.
7.6 Violence Against Women
The initial Preamble to the Bill of Rights linked living in peace with the end of political
violence proposing ‘a total and absolute commitment to exclusively democratic and
peaceful means of resolving differences on political issues and an opposition to any use or
threat of force by others for any political purpose.’
The Women’s Coalition suggested broader parameters for what constitutes a peaceful
society and suggested:
[T]he promotion of the right to live in a society free from violence must be included. We have lived
in a society that has suffered political violence, and this is unacceptable. But we must not allow
‘ordinary’ non-political violence or the threat of this to be excluded from the Preamble. The
furtherance of a peaceful society and the freedom to live without fear is a fundamental human right.
The Commission has changed the wording to: ‘everyone is entitled to live free from
violence, fear, oppression and intimidation, with differences on political issues to be
resolved through exclusively democratic means without the use or threat of force.’ 184 They
180 The Family Planning Association of Northern Ireland v Minister for Health, Social Services and Public Safety and others,
[2004] NICA 37
181 European Court of Human Rights has ruled in Open Door Counselling and Dublin Well Woman Centre v. Ireland
(1992) that the denial of access to information about abortion services and related issues is a breach of the
European Convention of Human Rights.
182 As asserted in the Programme of Action of the International Conference on Population and
Development and in the Beijing Platform for Action agreed at the Fourth World Conference on Women.
NIHRC, Progressing a Bill of Rights for Northern Ireland, An Update, April 2004
183 NIHRC, Making a Bill of Rights for Northern Ireland, Consultation Document, September 2001;
NIHRC, Progressing a Bill of Rights for Northern Ireland, An Update, April 2004
184 NIHRC, Progressing A Bill of Rights for Northern Ireland, An Update, April 2004
45

explain that the paragraph ‘is intended to say something fundamental about the type of
society that we want, and the duties that lie on government and on each of us to secure
and maintain such a society.’ 185
Acknowledging that violence against women ‘is a manifestation of women’s inequality of
status and ineffective access to the legal system’ the Commission’s 2001 proposals 186
include in the section on the Rights of Victims a clause on violence against women, drafted
from international standards, which stated: ‘The State shall take all appropriate measures to
prevent and eliminate all forms of violence against women and girls whether physical,
mental or emotional.’ 187
In spite of the issue being a priority for women, reference to gendered violence is omitted
from the 2004 proposals. In Section 6: The right to be protected against violence, the
clause now reads: ‘Laws shall be passed to ensure that the use or threatened use of all
forms of violence, including violence in the home, bullying in the workplace or in schools,
and intimidation or harassment in any context, is prohibited and, where appropriate,
punished.’ 188
This fails to note the link between violence against women and inequality. Several
submissions want to strengthen this right by including sexual violence in the clause and
rights to compensation as well. In both cases there is a duty on the state to make the right
effective. However, since violence has been desegregated in terms of gender there is no
explicit duty on the state to create women-centred supports and legal remedies. The issue
of violence against women raises particular implementation issues: should obligations be
on government only to do more to address violence against women? If so, how proactive
should their obligations be? Or should obligations also be put directly on individuals?
Normally bills of rights address only state action, but more recently bills of rights have also
addressed the actions of others.
7.7 Under-representation in the Political Process:
The full, fair and effective participation of women is specifically mentioned in the
Agreement as a right to which the parties are committed. The initial wording for the Bill of
Rights read: 189
The State shall take all appropriate measures to promote the right of women to fair, full and equal
participation in public life, including participation in decision-making processes and access to power.
The Commission’s subsequent wording read: 190
The State shall take all appropriate measures to promote the right of under-represented sectors of
society, in particular women, to fair, full and equal participation in public life, including participation
in decision-making processes.
The Commission has retained the wording ‘all appropriate measures’ (some submissions
had suggested a change to ‘all necessary measures’). The original wording has been
185 Ibid.
186 NIHRC, Making a Bill of Rights for Northern Ireland, Consultation Document, September 2001
187 Ibid, section 8(c)(1)
188 NIHRC, Progressing A Bill of Rights for Northern Ireland, An Update, April 2004, section 6(2)
189 Ibid.
190 NIHRC, Progressing a Bill of Rights for Northern Ireland, An Update, April 2004
46

changed to read ‘the right of under-represented sectors of society, in particular women’, an
amendment suggested by the Committee on the Administration of Justice.
The system of voting – the Commission favours proportional representation - would
impact on women’s participation (as the Northern Ireland Women’s Coalition has learned
to its cost).
The earlier Bill of Rights document 191 made no proposal in relation to public bodies but
the later document 192 proposes: ‘The membership of public bodies based in Northern
Ireland shall be broadly reflective of the make-up of society in Northern Ireland.’ (The
Commission explains its use of the word ‘reflective’ rather than ‘representative’ in similar
terms to the Criminal Justice Review Group, an explanation that has been challenged. 193 )
7.8 Socio-economic Rights:
Should socio-economic rights be included in the Bill of Rights and how might they be
made enforceable and accessible to women? Latterly, 194 the Commission has included
Section 15: Social, economic and environmental rights and put forward three ways of
protecting these rights: (1) The Bill of Rights would protect a section of minimum rights
only, directly enforceable through the courts; (2) Protect a larger range of rights,
enforceable through imposing an obligation on the State to ensure that they are
progressively realised as required in ICESCR; (3) Combination of (1) and (2), ensuring
direct enforceability of a set of minimum rights and imposing a duty on the State to ensure
the progressive realisation of a range of additional rights. These rights would be limited to
devolved areas of responsibility.
7.9 Whither the Bill of Rights?
Seven years after the Agreement the Bill of Rights has not been passed. The Commission
has complained of a lack of support from politicians. Despite ‘repeated consultations with
the parties and the two governments, and a measure of agreement with some of the
potential participants, it did not prove possible to establish an inclusive political forum
devoted to the formulation of the Bill of Rights.’ 195 The Commission is preparing
handover documents for incoming commissioners, which ‘will focus more on process than
substance’. 196
7.10 In Summary
Although equality and human rights were at the heart of the conflict and the peace
process, progress on implementation is slow. The Northern Ireland Human Rights
Commission is floundering and the task of sorting out the Commissions problems has not
been taken on board by government. Seven years after the Good Friday Agreement, the
Bill of Rights is still at discussion stage. How women’s rights will be treated is yet to be
finalised, as has the wording of sections of the Bill. Four areas have emerged as being of
particular concern to women: Gender inequality/discrimination; reproductive health;
violence against women; women’s under-representation in the political process. An
191 NIHRC, Making a Bill of Rights for Northern Ireland, Consultation Document, September 2001
192 NIHRC, Progressing A Bill Of Rights For Northern Ireland, An Update, April 2004
193 ‘The Commission prefers the term “reflective of” rather than “representative of” the make-up of society,
since “representative” suggests a more systematic selection process than might in practice be possible.
Moreover persons appointed to public bodies are not asked to serve there in order to represent particular
constituencies but rather because they can reflect the views of people who share their background.’ Ibid.
194 NIHRC, Progressing a Bill of Rights for Northern Ireland, An Update, April 2004
195 NIHRC, Progressing a Bill of Rights for Northern Ireland, An Update, April 2004
196 Minutes of NIHRC meeting, September 6, 2004
47

equality clause purports to deal with the issue of inequality/discrimination but lacks the
urgency proposed by CEDAW. The Commission has concluded that it would be
inappropriate to deal with abortion in a Bill of Rights but the right of access to appropriate
reproductive health care and to information is included. In spite of the issue being a
priority for women, reference to gendered violence is omitted from the Commission’s
latest proposals and domestic violence is included in a general violence clause. This may
reduce the chance of government enforcing women-centred remedies. With regard to
women’s participation in the political process the duty will be to take ‘all appropriate’
rather than ‘all necessary’ measures, a weaker obligation. The Commission has included a
section on social, economic and environmental rights but has not decided on what the
State’s obligations should be.
48

8. CRIMINAL JUSTICE
8.1 The Good Friday Agreement
In proposing a ‘wide-ranging review of criminal justice’ the Agreement listed a number of
specific aims: to deliver a fair and impartial system of justice to the community; be
responsive to the community’s concerns and encouraging community involvement where
appropriate; have the confidence of all parts of the community; and deliver justice
efficiently and effectively.
The terms of reference of the Criminal Justice Review Group included proposals
concerning the judiciary (the Agreement made no special provision for judicial reform), the
prosecution service, law reform, accountability and lay participation in the criminal justice
system. There was no specific reference to women or gender but reform could potentially
redress some of the gender imbalance inherent in the system. Since the Agreement
emphasised the relationship between community and justice this might present an
opportunity for a more inclusive role for women.
8.2 Review of the Criminal Justice System in Northern Ireland
The Criminal Justice Review Group was established in June 1998. The Review Group
made 294 recommendations for change across the system and issued its report in March
2000. The Government published its response in November 2001, with an
Implementation Plan and draft legislation and accepted almost all of the
recommendations. The Justice (Northern Ireland) Act 2002 was designed to give effect
to many of the Review’s recommendations. The Government published an updated
Implementation Plan in June 2003 which set out the progress made in implementing the
recommendations, together with more detailed plans and timescales for further
implementation, and passed The Justice (Northern Ireland) Act 2004. Progress on
reform has been slow and there are gaps between review, implementation plan, and
legislation, some of which saw a dilution of gender aspects of the original review.
The Review Group considered the criminal justice system in isolation and not ‘from a
broader perspective, either as part of economic activity or as part of a wider system of
social control’. 197 Nor did it note the ‘economic importance of the system for the
providers’ (a quarter of the workforce was employed either directly or indirectly in the
conflict and 10% of the budget for 2000-2001 was spent on law and order). 198 It avoided
the connection between criminal justice and social justice. This also had gender
implications – in terms of social justice for all women and in terms of equality between
classes. Justice reform was likely to impact differently on middle class and on working class
women. 199
The key areas in the review with implications for women were: equity monitoring, the
judiciary, restorative justice, community safety, and law reform.
197 Democratic Dialogue, The Criminal Justice Review - A Response, October 2000
198 Ibid.
199 ‘The behaviour which is mainly captured by the criminal justice system is committed by the unskilled and
semi-skilled working class living in some of the most deprived and demoralised communities in Northern
Ireland. Yet any expansion in the criminal justice system will create new employment opportunities for the
middle classes.’ Ibid.
49

8.3 Equity Monitoring 200
There are two strands to equity monitoring the criminal justice system: (a) monitoring the
make-up of those who work in the system, the human resources and (b) monitoring the
profile of other stakeholders - those who come into contact with the criminal justice
system.
8.3.1 Human Resources 201
• On average, 7 out of 10 people working within the criminal justice system are
male.
• Females are more likely to work in large administrative bodies in the Northern
Ireland criminal justice system – the Court Service, the Northern Ireland
Office, the Probation Board and as civilian support staff employed by PSNI.
• The members of the Law Society are 64% male and 36% female; the Bar
Association membership is 74% male and 26% female; 3 out of 58 Queens
Counsel are women; PSNI police officers are 85% male and 15% female.
• 86% of full-time permanent members of the judiciary and 83% of the deputy
judiciary are male. There are no women High Court judges; 2 out of 15 County
Court judges are female; two out of four District Court Judges and 2 out of 19
Resident magistrates are women. Of the 142 lay panel members, 76 (54%) are
women (lay panellists are involved in youth courts, family proceedings courts
or civil issues relating to the welfare, custody, care and protection of children).
204 (22%) of Justices of the Peace are women.
• Northern Ireland Court Service has 723 members of staff: 461 (64%) are
female and 262 (36%) are male.
• Most senior posts in the criminal justice system are held by men.
• Public appointments to Criminal Justice Bodies – female representation: The
Policing Board (11%); the Juvenile Justice Board (33%); the Probation Board
(44%); Northern Ireland Human Rights Commission (44%).
The gendered work pattern of the system was noted by the Review Group: women ‘are
generally well represented in the ‘non-operational’ parts of the criminal justice system’,
although not in the higher managerial positions. 202 This non-operational/ glass ceiling
phenomenon is particularly problematic in a state which has high-level public sector
employment. Moreover, the visibility of the criminal justice system has knock-on effects
on other sectors and the perceived status of women’s work. The Review recommended a
‘proactive strategy for securing a reflective workforce in all parts of the system’, 203 but
there is no consideration of how that might be achieved in respect of women (or
Catholics).
200 Section 95 of the Criminal Justice Act 1991 in Britain states that the Home Secretary 'shall in each year
publish such information as he considers expedient for the purpose of:
a) enabling persons engaged in the administration of criminal justice to become aware of the financial
implications of their decisions; or
b) facilitating the performance of such persons of their duty to avoid discriminating against any persons on
the ground of race or sex or any other improper ground.'
Northern Ireland has the same monitoring provisions - Section 56 of the Criminal Justice (Northern Ireland)
Order 1996 is based word for word on Section 95. In addition to the clauses quoted above, Section 56 states
that the Secretary of State for Northern Ireland 'may make rules regulating the collection of information'
under the Section. There is little evidence, however that Section 56 was used for equity monitoring.
Democratic Dialogue, The Criminal Justice Review - A Response, October 2000
201 Northern Ireland Office, Gender and the Northern Ireland Criminal Justice System, 2002
202 Review of the Criminal Justice System in Northern Ireland, 1 March 2000, para 3.34
203 Ibid. recommendation no. 3
50

The Implementation Plan Update, 2003 noted that the PSNI, the Court Service 204 and the
Northern Ireland Prison Service were taking measures to recruit under-represented groups.
With regard to the Police Service of Northern Ireland (PSNI) it noted: ‘PSNI has
launched a number of competitions based on the 50/50 community basis recommended in
Patten’. However, this 50/50 community basis refers to Catholic/Nationalist underrepresentation
rather than the under-representation of women.
On religious and gender balance in the office of the Director of Public Prosecutions the
Review held that ‘the religious and gender balance is reasonably reflective of that in the
community.’ However, what standard is applied regarding balance is not clear. ‘External
recruitment of new staff should be subject to open competition, in accordance with fair
employment and equal opportunities best practice.’ 205 The Public Prosecution Service
applies Section 75, 206 with the exception of functions relating to the prosecution of
offences.
The Probation Board Northern Ireland has introduced monitoring of its staff across
eight of the nine categories listed under section 75 (omitting political opinion) and has
carried out a pilot project monitoring 100 offenders using the same form.
The Northern Ireland Prison Service has trained staff in section 75 responsibilities. The
Prison Service maintains that it ‘continues to work towards a balanced workforce, though
what is possible will be limited by the opportunities available for recruitment.’ 207
The Review takes a conservative approach to Section 75, which describes the statutory
duty of public bodies 'to have due regard to the need to promote equality of opportunity'
and considers the section only in regard to employment within the criminal justice
agencies. The law, however, is broader and refers to promoting equality of opportunity
across the 'functions' of a public body.
8.3.2 Other Stakeholders in the Criminal Justice System 208
Victims
• Four out of five sexual crimes are committed against females
• Almost 90% of incidents of domestic violence involve female victims (a 150%
increase across the 1995 – 2000 period may be related to an increased
propensity to report).
The Review Group noted that ‘Some women described the experience of being in court as
being in an unsympathetic environment.’ 209 Women’s negative experience of the criminal
justice system is well documented, especially with regard to prison, or reporting and
pursuing gender specific crimes such as rape or domestic violence.
Fear of Crime
204 The Northern Ireland Court Service has produced: An Employment Equality Plan for the Northern
Ireland Court Service 2004-2006 in response to the recommendation for a more reflective workforce
205 Criminal Justice Review, para.4.180
206 Public Prosecution Service: Section 38 of the Justice (Northern Ireland) Act 2002
207 Implementation Plan Update, 2003
208 Northern Ireland Office, Gender and the Northern Ireland Criminal Justice System, 2002
209 Ibid. para 3.35
51

• Females are more likely than males to feel unsafe when out alone after dark or
at home alone at night.
• Females are more worried than males about being burgled, mugged or robbed,
having their car stolen, being the victim of a racial or sectarian attack or being
raped.
Imprisonment
• 98% of inmates in NI prisons are male and 2% female (around 20 on an
average day)
The Criminal Justice Review recommended the development of ‘a strategy for equity
monitoring the criminal justice system, as it effects categories of people, in particular by
community background, gender, ethnic origin, sexual orientation and disability, while
ensuring that this is done in a way that does not compromise judicial independence’ 210 and
deemed it generally desirable that data from equity monitoring should be made publicly
available. 211 The Criminal Justice Review Implementation Plan November 2001 states that
the Government ‘is fully committed to developing an equity monitoring process for the
criminal justice system.’ An equality screening of proposals deemed them ‘fully consistent
with the Section 75 of the Northern Ireland Act obligation’. 212 The question, however, is
one of enforcement and whether there is a penalty for non-enforcement. A Sub-Group of
the Criminal Justice Board has undertaken a project to ensure that the initial specification
for the Causeway Programme (due for completion in November 2006) met the agencies
requirements in terms of equity monitoring. The Causeway Programme is to produce
anonymised statistical data on defendants processed to enable equity monitoring
information. The equity monitoring process will begin with the administrative data that is
already collected as part of the prosecution process (data on age and gender of defendants)
and progressing to other equality categories not already recorded, such as marital status
and racial group. 213 An Internal Working Group with PSNI is looking at the monitoring of
categories, with particular reference to ensuring that section 75 needs are appropriately met
and is in contact with the Equality Commission to seek to ensure that police systems are
fully compliant.
8.3.3 Gender Disaggregated Statistics
A report 214 on key indicators for gender disaggregated statistics recommended that crime
statistics should show: Incidence of domestic violence; incidents of rape, and other sexual
offences and the conviction rate; fear of crime. The report makes no reference to crimes
that may predominantly involve women, such as shoplifting, prostitution or the growing
business of trafficking. Such statistics would be useful if the government is to fulfil its
obligation under Article 6 of CEDAW to take ‘all appropriate measures, including
legislation, to suppress all forms of traffic in women and exploitation of prostitution of
women.’
8.4 The Judiciary
The judiciary is a key area in transitional societies. In stating the importance of a judiciary
‘reflective of the community’, the review explained its use of the word reflective, rather
210 Review of the Criminal Justice System in Northern Ireland, 1 March 2000, para 3.38
211 Ibid. para.3.39
212 Equality Screening of Criminal Justice Review
213 Implementation Plan Update, 2003
214 OFMDM, Gender Equality Indicators for Northern Ireland: A Discussion Document, January 2004
52

than representative. 215 This interpretation has been challenged, 216 noting that legislation on
the appointment to public bodies such as the NIHRC, the Equality Commission and the
Parades Commission 217 has referred to such bodies being representative. The Review’s
insistence on ‘reflective’ seems inconsistent since it refers to groups which are underrepresented
in its exhortation that ‘efforts should be made to stimulate interest in becoming a
judge, especially in sectors which are under-represented or where historically applications
have be disproportionately low. Considerations of gender, geography and community
background might come into this.’ 218 The under-representation of women is one of a
number of imbalances that need to be dealt with.
The Review made recommendations with regard to judicial appointments and
arrangements for ensuring their independence, noting that ‘length of time in active practice
is currently the key consideration’, 219 a criterion that traditionally impacted on women.
Despite increasing numbers of women at the bar and working as solicitors, there remained
obstacles to their securing preferment. Career breaks, family commitments, the nature of
their experience and economic considerations militated against women becoming QCs,
which appeared to be necessary before appointment to the senior judiciary.’ 220 The radical
measures required to deal with this are, however, not contemplated and fall short of the
requirement in the CEDAW for ‘temporary special measures’ aimed at de facto equality
between women and men. 221 The qualifying criterion has since been changed and is now
based on ‘standing’ (i.e. the period since being called to the Bar or admitted as a solicitor
instead of ‘practice’ i.e. the period spent actively working as a barrister or solicitor). 222
While opening up eligibility requirements 223 and changing years of practice requirements
may benefit women, 224 when it came to recommendations, 225 the Review emphasised that
merit must be the key criterion in determining appointments. 226 What attributes, however,
determine merit? These may be subjective, based on male criteria of merit - a seemingly
neutral standard that effectively screen out women. The Review is again emphatic ‘we
should stress that we are not recommending positive discrimination in the appointments
process itself; merit should continue to be the deciding factor.’ 227 Finally, it
215 Ibid.para. 6.87
216 See CAJ response to the Report of the Criminal Justice Review, August 2000
217 The gender balance of the Parades Commission membership was the subject of judicial review
proceedings in 2000. The High Court dismissed the complaint that the Commission was in breach of the
terms of the Public Processions (Northern Ireland) Act 1998 because it contained no women members, or
was invalid on a number of other grounds. The legislation in question stipulated that ‘The Secretary of State
shall exercise his powers of appointment under this paragraph as to secure that as far as practicable the
membership of the Commission is representative of the community in Northern Ireland’. In Re: An
Application by Evelyn White for Judicial Review, The High Court of Justice in Northern Ireland, CARE3208
(Transcript), 18 May 2000
218 Criminal Justice Review, para. 6.114
219 Ibid. para. 6.18
220 Ibid.para. 6.42
221 Article 4, CEDAW
222 Implementation Plan Update, June 2003
223 CJR para. 6.89
224 Ibid.para. 6.90
225 Ibid.para. 6.79
226 Ibid.para. 6.84 and 6.85 ‘While merit should be the deciding factor in individual appointment decisions, it
should be a stated objective of whoever is responsible for appointments to engage in a programme of action
to secure the development of a judiciary that is reflective of Northern Ireland society, in particular by
community background and gender, as can be achieved with the overriding requirement of merit’.
227 Ibid.para. 6.114
53

ecommended 228 a ‘programme of action to secure a judiciary reflective of NI society, in
particular by community background and gender, as can be achieved consistent with the
overriding requirement of merit’. The Implementation Plan Update 2003 asserts:
‘Appointments will always be made solely on the basis of merit’. These riders do not factor
in CEDAW’s temporary special measures provision. Given the importance placed on
merit, gender-sensitive criteria for ‘merit’ should be outlined.
The Review recommended the establishment of a Judicial Appointments Commission with
lay members ‘including both men and women’ 229 and discussions with the Bar Council and
Law Society about equal opportunity issues and their implications for the judicial
appointments process. The Implementation Plan, November 2001 accepted that ‘the
Commission will also have strong lay representation, including men and women drawn
from both sides of the community’ but this would be dependent on legislation and subject
to devolution. Subsequently it was decided to introduce the legislation and establish the
Judicial Appointments Commission prior to devolution. Section 3 of the Justice (Northern
Ireland) Act 2002 ‘provides for the creation of a Judicial Appointments Commission
(which would be put in place on devolution of justice functions).’ There is, however, now
no reference to including women in the 13-member commission. 230 A key objective of the
Judicial Appointments Commission is to achieve a reflective judiciary yet section 5 of the
Act requires that the Judicial Appointments Commission ‘so far as it is practicable to do so,
secure a range of persons reflective of the community in Northern Ireland [emphasis
added]’ for selection for judicial office. This further narrowing of the already conservative
approach of the Review does not inspire confidence that the nettle of equality for women
in this sphere will be grasped.
A database of qualified candidates interested in securing judicial appointments 231 and parttime
appointment to the judiciary 232 should be considered. The Judicial Appointments
Unit, set up by the Northern Ireland Court Service, 233 was developing a new IT system to
support the judicial appointments process. ‘Consideration will be given to including a
capacity to support such a database in the requirement specification.’ 234
The Review strongly endorsed the continued involvement of lay panellists in youth
courts 235 and recommended nominations for lay magistrates from community
organisations. 236 An equality screening exercise stated that ‘the policy and the mechanisms
for selection within it should positively impact on the Community Background and
Gender profile of lay magistrates.’ 237 Subsequent legislation created the new office of lay
magistrate taking over some functions of Justices of the Peace and replacing Lay
Panellists 238 but makes no mention of nominations from community organisations.
228 Ibid. Recommendation 69
229 Ibid. para. 6.102 and Recommendation 79
230 The Implementation Plan Update, June 2003 notes that the 13 member Commission will include ‘5 lay
members’ but makes no comment on the gender composition.
231 CJR para. 6.115
232 Ibid.para. 6.116 Recommendation 91
233 CJR recommendation 86 suggested that the JAC set up such a unit
234 Implementation Plan Update, June 2003
235 CJR Recommendation 114
236 CJR Recommendation 119
237 Equality Screening of CJR
238 Sections 9-11 of and schedule 4 to the Justice (Northern Ireland) Act 2002
54

Training of judges should include programmes on women’s issues and domestic
violence. 239 The Judicial Appointments Commissioner Annual Report 2003
recommended: giving consideration to interview processes so that they do not discriminate
against women; criteria for judicial appointments to include knowledge of social, cultural
and gender issues (category on ‘understanding of people and society’ in place), formal
commitment to diversity and awareness of the implications of Human Rights legislation;
advertisements should include the Lord Chancellor’s message that he appoints ‘best
qualified regardless of gender, ethnic origin, marital status’ etc. in line with the nine
categories set out in Section 75. However ‘the use of selective affirmative action is not, at
present, justified’ but this should be reviewed after other changes have been implemented.
‘All judicial appointees should be conversant with Section 75 before appointment’. Barriers
for women putting themselves forward for appointment, ‘whether perceived or real,
should be examined and policies implemented for their removal’ and research should be
commissioned. Part-time appointments and a work-shadowing scheme should be
introduced to encourage more women; equity monitoring of applicants and Judicial
Appointments Unit should maintain statistics on religion, gender, disability and ethnic
balance of candidates and appointments. The Judicial Appointments Commissioners
Annual Report 2004 outlined administrative and policy changes that had made the
appointment process more transparent and objective but noted that more change is
required with regard to eligibility criteria and introducing part-time posts.
The approach to achieving gender balance in the judiciary is tame when contrasted with
model provisions of the UN Expert Group meeting on ‘Peace Agreements as a means for
promoting gender equality and ensuring participation of women’. 240 The group suggests
that ‘immediately upon the installation of the transitional government, all senior judges
shall be deemed to have resigned. Nominations for such appointments must include an
equal number of women’. Furthermore, ‘the judiciary shall be independent, impartial and
gender-balanced. Judiciary training shall be provided including on international and
regional human rights and women’s rights instruments, and on gender awareness’.
8.5 Restorative and Reparative Justice
In consultation the Review group heard that
Sexual crimes and domestic violence cases were often cited as unsuitable or fraught with danger for
the victim, because of the risk of unequal power relationships and possible revictimisation. Others
believed that they were particularly suitable for a restorative approach, arguing that the victims of
such crimes should not be denied the opportunity to engage
directly with the offender. 241
This is an important area for women as victims; as mothers – since recommended scheme
deals with juveniles and involves families; because of women’s relatively high level of
involvement as professionals in this area of criminal justice; and because of the gender
based nature of crime that should or should not be considered.
Recommendations for youth conferences and restorative justice were to include families. 242
The Justice (Northern Ireland) Act 2002, Section 57 provides for introduction of a youth
239 Ibid. para. 6.48
240 Peace agreements as a means for promoting gender equality and ensuring participation of women – A
framework of model provisions, Report of the expert group meeting Ottawa, Canada November 10-13, 2003
(New York: United Nations Division for the Advancement of Women)
241 CJR.para. 9.22
242 CJR Recommendations 147 and 156
55

conferencing system for juveniles. New arrangements were to be piloted from December
2003 for a period of 16 months, before the system is rolled out across Northern Ireland.
The system supports full participation by the offender and his/her family.
With regard to young, vulnerable offenders 243 equality screening noted the lack of a gender
specific young offenders centre for girls but the low numbers of young females in custody
would not justify a separate facility. (Average number of such offenders is 1). However, a
recent report by the Northern Ireland Human Rights Commission recommends that ‘[a]
separate young prisoners’ centre for young women should be established, providing agespecific
regimes and programmes’. 244
8.6 Community Safety
A central concern for modern criminal justice systems is the degree of ownership and
involvement of the communities that the system is supposed to serve, a concern
emphasised in the Agreement. Community restorative justice in Northern Ireland has been
fraught with ideological wrangling, which undoubtedly had gender issues. The Review
recommended ‘that in developing a community safety strategy for Northern Ireland
specific consideration be given to offences against women, particularly domestic
violence’ 245 since it was ‘regarded by many as endemic in Northern Ireland’. 246 The Review,
however, makes no connection between domestic violence and the conflict or how
violence in society shaped the perception of what is ‘normal’ violence in the private sphere.
Noting that ‘increased domestic violence and crime in the private sphere is a direct and
continuing result of conflict and accompanying social upheaval’, the UN Expert Group
meeting on ‘Peace Agreements as a means for promoting gender equality and ensuring
participation of women’ 247 advocates the ‘adoption of a comprehensive law on domestic
violence’ and ‘prosecution of domestic violence and gender-based violence, including that
committed in the community’.
A Community Safety Strategy document was published 248 (as mandated by the Review).
The strategy identifies nine key issues to be considered by local community safety
partnerships in developing local community safety action plans. There is, however, a wider
issue of the representativeness of these local partnerships and reluctance to release
centralised government control over the key elements of the system. Operating as a body
separate from Patten, it has a different vision and structural recommendations on
community safety with a stronger role for the civil service. The Criminal Justice Review
proposed a model of restorative justice managed by state agencies with a lesser role for
local representation. 249 Even this reduced role has been narrowed in the legislating Act, an
example of how recommendations by review groups have been diluted in the drawing up
243 CJR Recommendation 174
244 Northern Ireland Human Rights Commission (2004) The Hurt Inside: the imprisonment of women and girls in
Northern Ireland (Belfast: Northern Ireland Human Rights Commission), p.153
245 Ibid.para. 11.52, Recommendation 194
246 Ibid.para.11.49
247 Peace agreements as a means for promoting gender equality and ensuring participation of women – A
framework of model provisions, Report of the expert group meeting Ottawa, Canada, November 10-13,
2003 (New York: United Nations Division for the Advancement of Women)
248 Community Safety Strategy, 18 March 2003
249 Recommendation 193 of the Review states: ‘We recommend the development of a Northern Ireland
community safety strategy based upon extensive consultation with relevant agencies, political structures, and
the private and community sector.’
56

of legislation. 250 A missed opportunity to include and bolster the role and work of women
in the community, essentially the shifting of criminal justice to the community as envisaged
by the Agreement has not been successfully achieved.
8.7 Law Reform
The Review recommends the establishment of the Law Commission for Northern
Ireland 251 but makes no reference to gender balance in its membership. 252 Equality
screening noted that the ‘appointing authority must ensure that the Commissioners as a
group are representative of the community in Northern Ireland. The Commission will be
designated for section 75 purposes.’ Matters deemed appropriate for the Law Commission
for Northern Ireland to consider as part of its early programme of work includes ‘domestic
violence, in particular how current law, policy and practice helps or hinders prevention,
protection and service provision in relation to domestic violence. Such a review should not
be confined to criminal procedures, but encompass family and civil remedies as well.’ 253
Section 50 of the Justice (Northern Ireland) Act 2002 ‘provides for the establishment of a
Law Commission for Northern Ireland’. While the Commission is to be ‘representative of
the community in Northern Ireland’ there is no specific mention of gender. Subject to the
availability of resources, it is planned to establish the Law Commission by April 2005.
Membership of the Criminal Justice Issues Group should be expanded to include
representatives of the major voluntary organisations. 254 This may benefit women because
of their role in the voluntary sector.
In looking through the various reports, reviews and legislation on criminal justice, there are
missed opportunities and omissions, even in minor ways. For example, a
recommendation 255 regarding bursaries could have included a positive discrimination
provision for women. Likewise, the recommendation 256 on compiling a list of experts for
defence (to insure sectarian inclusivity) makes no mention of gender balance.
The Criminal Justice Oversight Commission provides independent scrutiny of the
changes in the criminal justice arrangements and structures flowing from the Criminal
Justice Review and the provisions of the Justice (NI) Act 2002.
8.8 In Summary
The Agreement made no specific reference to gender with regard to criminal justice.
Provisions are directed at both men and women, with no distinction as regards particular
gender needs. The emphasis on community justice acknowledges members of the
community as stakeholders in the administration of justice and aims to give them a role as
active agents of change. Community justice is seen as necessary in healing
community/sectarian division and the mistrust of Catholics in the criminal justice system.
250 The relevant clause is section 71 of the Justice (Northern Ireland) Act 2002; the wording of the clause had
been commented on at Bill stage by the Northern Ireland Human Rights Commission with a suggested
rewording that would include community and voluntary organisations but the Commission’s changed
wording was not incorporated. The Commission also commented that the Bill did not put human rights at
the heart of the criminal justice system as proposed by the Review.
251 Ibid.para. 14,51
252 Ibid.para. 14.55
253 Ibid.para. 14.62
254 Ibid. Recommendation 266
255 Ibid. Recommendation 10
256 Ibid. Recommendation 12
57

Gender is ‘piggy-backing’ on the institutional reform of justice that is necessary as part of
Northern Ireland’s transition. Since the reform advocated by the Criminal Justice Review
Group is restrained rather than radical, the potential for women exploding traditional
barriers is constrained. The Review tinkers with change, allowing that it will happen
incrementally. Consequently measures to tackle discrimination against women pull back
from introducing positive discrimination programmes or quota systems. The recurrent use
of and importance given to the principle of ‘merit’ warrants definition, otherwise
subjective or male criteria for merit could be applied. The application of Section 75 to
employment and not the entire range of functions within the criminal justice system is also
limiting. Conservative as the Review recommendations are, when it comes to
implementation some provisions are diluted with women simply falling out altogether.
One example is the dropping of the Review’s recommendation to include women on the
Judicial Appointments Commission (which would also mean the continued unquestioning
of terms such as ‘merit’). The inclusion of gender, on the other hand, gave credence to the
term ‘reflective of the community’ within which the need to increase Catholic participation
in the system would be met.
Not making a connection between criminal justice and social justice leaves unaddressed
issues that women may have around social and economic rights. Given the different
relationship that lower and middle class sections of society have with the criminal justice
system – one class dominates the criminal fraternity, the other is dominant in key areas
such as the Law Society and the judiciary - there are questions around which classes of
women will benefit from reform.
The Review’s reticence around devolving justice to communities also misses an
opportunity to harness and further develop the role of women in an area where they
already have valuable input and experience.
An approach to criminal justice aimed at advancing the position of women, citing the
CEDAW, would apply the temporary measures provision to redress gender imbalance
throughout the system, particularly the judiciary. It could follow the model proposed by
the ‘UN Expert Group on Peace agreements as a means for promoting gender equality and
ensuring participation of women’ 257 in suggesting the immediate resignation of the
judiciary and gender balance in the new appointments. If this was a bridge too far, given
the glaring under-representation of women in the Northern Ireland judiciary, the issue of
judicial reform could have been reviewed separately and a more determined, accelerated
approach taken to creating women judges. This would have also been a powerful, symbolic
indicator that the empowerment of women was being seriously tackled.
257 Peace agreements as a means for promoting gender equality and ensuring participation of women – A
framework of model provisions, Report of the expert group meeting Ottawa, Canada, November 10-13,
2003 (New York: United Nations Division for the Advancement of Women)
58

9. POLICING
Women during the conflict experienced the following with regard to
the security forces: 258
• Raids
• Arrests
• Stop and search
• Strip searching
• Children (taken off them)
• Everyday resistance (keeping your dignity)
• Power games
• Armed sexism
• Partners (I wasn’t the one arresting him. It wasn’t my fault)
• Complaints (deemed no case to answer)
• Lack of support
• Lack of trust vis-à-vis RUC, British Army, Ulster Defence Regiment (UDR)
• Fear.
9.1 The Good Friday Agreement
Policing is deemed a ‘central issue in any society’ in the Agreement, which advocates
‘development of a police service representative in terms of the make-up of the community
as a whole’. It is essential that the police service is ‘representative of the society it polices’.
The ‘great hurt suffered and sacrifices made by many individuals and their families,
including those in the RUC and other public servants’ is acknowledged (the reference to
families makes possible an acknowledgement that includes male combatants and
participants without adjudicating on the reasons and actors of the conflict). The agreement
‘provides the opportunity for a new beginning to policing in Northern Ireland with a
police service capable of attracting and sustaining support from the community as a
whole’. What is meant by community is underscored with reference to ‘a new political
dispensation which will recognise the full and equal legitimacy and worth of the identities,
senses of allegiance and ethos of all sections of the community in Northern Ireland’. While
this should ‘inform and underpin the development of a police service representative in
terms of the make-up of the community as a whole’ the context suggests that the
overriding interpretation of identity, allegiance and ethos is around Catholic/Nationalist
and Protestant/Unionist.
The new policing structures and arrangements should ensure that the police service is
‘professional, effective and efficient, fair and impartial, free from partisan political control;
accountable, both under the law for its actions and to the community it serves;
representative of the society it polices’. While advocating that the force should be
‘representative of the society it polices’, fairness and impartiality are defined in terms of
‘partisan political control’ without reference to patriarchal or gendered control.
Arrangements ‘should be based on principles of protection of human rights’. An
Independent Commission of Policing for Northern Ireland should be established.
9.2 The Patten Report
258 Many headings are from Strong about it All: .Rural and Urban Women’s experiences of the
security forces in Northern Ireland, edited by Helen Harris and Eileen Healy
59

The Independent Commission of Policing for Northern Ireland (Patten Commission)
called for the creation of the following institutions:
The Northern Ireland Policing Board - replacing the Police Authority for Northern
Ireland, the Board would hold the policing service publicly to account.
The District Policing Partnerships Boards (later called District Policing Partnerships –
DPPs) designed to provide police accountability at local level. DPPs ‘represent the critical
nexus of police community relations at the grassroots level’. 259
The Office of the Oversight Commissioner - a temporary institution for monitoring
implementation of the recommendations of the Patten Commission. 260
As a result of the Patten Commission, the name of the RUC was changed to the Police
Service of Northern Ireland. 261 The Office of the Police Ombudsman for Northern
Ireland was established to investigate complaints against the police. 262
Key issues for women were human rights, accountability, equality and representation, and
community policing.
9.3 Patten Recommendations on Human Rights
Patten made 175 recommendations for change with human rights a central theme of the
report. 263 Recommendation 2 suggested a new oath for new and existing police officers,
expressing an explicit commitment to upholding human rights, a way of dealing with
divided allegiances. Recommendation 3 called for a new Code of Ethics, integrating the
European Convention on Human Rights into police practice. 264 Also recommended were
human rights training, 265 awareness of human rights, 266 the appointment of a lawyer with
specific expertise in human rights, 267 and close monitoring by the Policing Board of the
police in relation to human rights. 268 The Secretary of State accepted these
recommendations. 269
Recommendations with implications for women included:
9.4 Composition of the Policing Board 270
The new Policing Board should have 19 members. Ten members should be assembly
members drawn from the parties that comprise the Northern Ireland Executive, selected
on the d’Hondt system, not at the same time holding ministerial office in the Executive. 271
However, had the report approved drawing members from parties in the Northern Ireland
259 Report of the Oversight Commissioner, December 2004
260 www.oversightcommissioner.org
261 www.psni.police.uk
262 www.policeombudsman.org
263 See Recommendation 1 and PSNI Human Rights Programme of Action, September 2004 in response
264 See PSNI Code of Ethics in response
265 Recommendation 4, Patten
266 Recommendation 5, Patten
267 Recommendation 6, Patten
268 Recommendation 7, Patten report. The NIPB appointed Human Rights advisors Keir Stamer QC and
Jane Gordon who developed a framework document: Monitoring PSNI Compliance with the Human Rights
Act 1998, published December 2003.
269 See Patten Report Updated Implementation Plan, 2001
270 Recommendations 16, 17, 18, 19
271 Patten Report para. 6.11
60

Assembly rather than the Executive this would have increased the pool of women
available. 272
The Board should reflect ‘the cultural mix of society as a whole’ with nine independent
members selected from ‘a range of different fields – including business, trade unions,
voluntary organisations, community groups and the legal profession – with the aim of
finding a group of individuals representative of the community as a whole.’ 273 There is no
specific reference to gender balance; currently there are two women on the Policing Board.
The Board’s Human Resources Committee supports ‘efforts to secure a more
representative police force in terms of gender and community background.’ 274
Language in the report is not gender sensitive, for example the ‘first Chairman of the
Board….’ 275
9.5 Community Policing
Recommendations on ‘Community Policing’ and ‘Policing in a Peaceful Society’ make no
reference to crimes such as domestic violence and rape.
With regard to the establishment of District Policing Partnership Boards, 276 there is no
reference to gender balance in the composition of these bodies. Patten recommends a
strong link between DPPBs and district councils. 277 Since only 14% of local councillors are
women, there is a problem making the DPPBs representative in terms of gender and
meeting the Commission’s own recommendation that each DPPB should be broadly
representative of the district in terms of religion, gender, age and cultural background. Nor
was a role for the community and voluntary sector, which involves many women, outlined.
The Commissioners response to criticism was that there had been no intention to exclude
community and voluntary sector representation from these bodies, they had taken it as a
given that such bodies would want to contribute actively. However, they had not wanted
to be too prescriptive about who should/should not be on the DPPBs, and felt that it
would be up to each District Council to match its DPPB to the perceived needs of the
local community, and ensure that it reflect the broader community. 278
9.6 Support for Widows
The report recommended a fund for RUC widows and provision of office premises and
financial support to the Widows Association. 279 These have been implemented.
9.7 Composition of Policing Bodies
Every effort should be made to ensure that the composition of the staff of the Policing Board, the
NIO Police Division (or any successor Body), and the office of the Police Ombudsman should be
272 See NIWC Response to the Patten report, A New Beginning: Policing in Northern Ireland
273 Patten report para. 6.12
274 Northern Ireland Policing Board Annual Report 2004
275 Patten report para. 6.14
276 Recommendations 27, 29, 30, 31, 32
277 Tthe new bodies are to be a committee of the Council, have a Council chair, and the Council is to select
the individual members(6.26), as well as providing 25% of the funding(6.32). The Policing Board is to have
periodic meetings with the chairs of DPPBs who will all be district councillors.
278 CAJ Commentary on recommendations in the Patten report: “A new beginning: policing in Northern
Ireland
279 Recommendations 87, 88
61

oadly reflective of the population of Northern Ireland as a whole, particularly in terms of
political/religious tradition and gender. 280
According to the Annual Report 2004, 37.5% of the Policing Board’s staff were male and
62.7% female as at March 31, 2004. Information is not included about the gender balance
of senior appointments but the report states that issues arising in the PSNI Gender Plan
will be implemented within the Board. 281 (According to the 2001 census the population of
Northern Ireland is 49% male and 51% female; 53% Protestant, 44% Catholic; 3% other).
With regard to the composition of the police service the Patten report noted: ‘The RUC is
widely seen as overwhelmingly Protestant and male’. Only 12.6% of its officers are women
(a third of whom are in the Part-time Reserves). Noting that the imbalance between
Catholics/Nationalists and Protestants/Unionists is the most striking problem in the
composition of the RUC it points out that the under-representation of women is a
problem for police services elsewhere. The proportions in the rest of the United Kingdom,
North America and Europe are not much higher and in the Republic of Ireland the
percentage is significantly lower. However, ‘a much higher proportion of female officers
would enhance the effectiveness of policy and we should like to see Northern Ireland
leading the way in this area’. 282 They do not set targets for women because ‘the experience
elsewhere cautions against setting them too high and, on the other hand, since women are
half the population it is hard to justify setting them lower than that’. Change, they suggest,
is happening anyway since 35% of the Part-time Reserve is female (and 58% of those are
below 35 years old) and 37% of the first RUC recruit intake of 1999 was female. The
proportion of women in the RUC below the age of 35 is 19% after which age it declines
rapidly. A key problem is retention and so job sharing, flexible working and career breaks
should be considered. 283
However, the ‘Catholic/Nationalist – Protestant/Unionist imbalance is a case apart, and
here we do make proposals which include recruitment and composition targets’. 284 Returns
prepared by the Police Authority for the Fair Employment Commission and the Equal
Opportunities Commission suggest that while the proportion of women in the civilian
staff is 66%, the proportion of Catholics is only 12%. 285 Change in senior ranks would
happen over a ten-year timetable. At a public meeting one of the Commissioners, Maurice
Hayes, acknowledged that not only would recruiting more women to the police service
meet the demands of equity, but it would also have an important influence in changing the
culture of policing. More women would soften the 'macho' image of policing and would
assist in the transformation of the institution to one more in keeping with a move away
from conflict. 286
In response to the report, the Government committed to ‘tackling any lack of fair
participation in its workforce, at all levels, through programs of affirmative action which
offer equal opportunities for all. The Government will expect the office of Police
Ombudsman and the Policing Board to comply fully with the Fair Employment and
280 Recommendation 112
281 The Equality Commission approved the Board’s Equality Scheme, 12 February 2003. See also Screening
Report, July 2003
282 Ibid. para. 14.4
283 Ibid. para. 14.5
284 Ibid. para. 14.9
285 Ibid. para. 14.14
286 The Report of the Patten Commission: The Way Forward for Northern Ireland? CAJ Conference,
October 8, 1999
62

Treatment (Northern Ireland) Order 1998 which provides a statutory exception for
employers to address any lack of fair participation through affirmative action and to do so,
where appropriate, in consultation with the Equality Commission for Northern Ireland’. 287
That the sectarian issue is very much at the heart of plans for affirmative action is clear:
The Government, as an employer, is also committed to promotion and deployment on the basis of
merit and suitability and, like any good employer, it does not and indeed could not lawfully take the
private religious or political views of individual employees into account in making such decisions’. 288
The police service, the Policing Board, the Police Ombudsman and the Northern Ireland
Office were eventually designated bodies for the purposes of section 75 of the Northern
Ireland Act 1998.
The police should contract out the recruitment of both police officers and civilians into
the police service. There should be lay involvement, including community representatives,
on recruitment panels. 289
‘Merit must remain a critical criterion for selection for the police service. We do not
propose that religious or cultural identity, gender or ethnicity should be treated as a
makeweight for merit’. 290 This does not acknowledge practices in the past and at which
may continue at subtle/subliminal levels. The Committee on the Administration of Justice
does not accept the merit argument which ‘betrays a very simplistic notion of the concept
of merit that fails to appreciate the culturally relativistic nature of the term…a police
service can only hope to achieve the trust and confidence of the whole community if it is
representative of the whole community. In these circumstances, requiring officers to be
members of a particular community in order to ensure representativeness is we believe a
valid one’. 291
An equal number of Protestants and Catholics should be drawn from the pool of
qualified candidates. 292
We have consulted the Fair Employment Commission about the proposal above and we have taken
an opinion from counsel on the legal position. We are advised that, although the proposal would
require an amendment to domestic legislation, it is not incompatible with European legislation, so it
is possible to make the requisite amendment to the law. Regrettably, the legal position is not the
same in respect of recruitment of women, where European legislation clearly rules out such a
proposal.
This position has been countered by the Northern Ireland Women’s Coalition:
We would suggest that if domestic legislation is not contravening the spirit or the purpose of the
European Equal Treatment Directive 1976, it is possible that it may not be held to be in
contravention of the Directive. EC proposals on other legislation may place religion in the same
position, legally, as gender is now.
Provisions for increasing the numbers of women at senior level should have been
highlighted.
Introduction of part-time work, job sharing, career breaks, flexible shifts, childcare
facilities. 293 While these are important, recommendations targeted at women are mainly
287 Implementation Plan Update 2001
288 Ibid.
289 Recommendations 117, 118
290 Recommendation 120
291 CAJ Commentary on Recommendations in the Patten Report
292 Recommendation 121
63

linked to women with caring responsibilities, not the only concern of women. The
Implementation Plan only accepted the childcare provision in principle and suggested
research to see how practicable this was.
All officers – those now in service as well as all future recruits – should be obliged to
register their interests and associations. The register should be held both by the police
service and by the Police Ombudsman. 294 While the report stresses the sectarian nature of
secret organisations such as the Orange Order, it does not acknowledge sexist attitudes
within them. Their ‘exclusivity’ is viewed negatively in sectarian terms. While this is a
failing at least the register may reveal details of ‘old boys networks’, although the register
itself 295 is currently under legal challenge and judicial review.
Preoccupied with sectarianism, the report failed to see that addressing sexism could also
address, indirectly, important aspects of sectarianism.
Standard training for neighbourhood officers should include modules on such community
problems as domestic violence, child abuse, rape, drugs and youth issues and this training
should be updated as necessary. 296
To cater for increased diversity in the police force, the maintenance of a neutral working
environment should become an assessed management responsibility at all levels of
management. 297
Community policing is recognised as the core function of the police service and
neighbourhood policing teams should be empowered to determine local priorities and set
their own objectives.
9.8 Post Patten: The Police Service of Northern Ireland (PSNI)
The Police Service of Northern Ireland came into being on the 4 th of November 2001. The
service consists of approximately 13,600 staff both police and civilian support. PSNI
polices a population of 1.7 million covering 13,576 square km across Northern Ireland. 298
9.8.1 PSNI Draft Equality Scheme
293 Recommendations 122, 123
294 Recommendation 126
295 Groups registered were: The Ancient Order of Hibernians, The Apprentice Boys of Derry Association,
Grand Lodge of Freemasons of Ireland, The Independent Orange Order, The Knights of Columbanus,
Loyal Orange Institution (including the Women’s Orange Order), The Royal Black Institution; any
organisation proclaiming/holding views on race, ethnicity or national dentity which may be perceived to be
in conflict with Section 32 of the Police (N.I.) Act 2000 and Section 75 of the Northern Ireland Act 1998;
any other organisation which the officer believes may question his/her impartiality.
296 Recommendation 146
297 Recommendation 156
298 The operational policing of Northern Ireland is organised into three geographical areas-Urban, North and
South Regions. Each region is commanded by an Assistant Chief Constable. The regions are divided into
District Command Units (DCU) aligned with District Council areas with the exception of Belfast, which is
further sub divided into Belfast North, South, East, and West. Altogether there are 29 DCU’s. Each District
is commanded by either a Chief Superintendent or Superintendent depending on population size. Supporting
the Police Service there are a number of departments based at various locations across Belfast. They are
Supplies and Information, Human Resources, Crime, Operations, Media and Public Relations, Corporate
Development and Internal Investigations. PSNI Draft Equality Scheme
64

The scheme describes how the Police Service of Northern Ireland proposes to fulfil the
Section 75 duties and obligations with regard to all of its policies, functions and duties.
Policies will be screened to identify those that are likely to have a significant impact on
equality of opportunity. 299 The Police Service will prioritise its policy review programme on
the basis of:
• relevance to social need
• effect on people's daily lives
• effect on Human Rights responsibilities of Police Service
• effect on economic and social rights
• scale of expenditure incurred by the policy 300
These are ambitious aims but the plan offers no detail as to how they will be achieved. If
these are priorities for the PSNI, then how will ‘relevance to social need’ or ‘effects on
people’s daily lives’ be determined? If it is through the local partnership structures then it
is important that women are well placed within these so that their concerns can be
articulated. It provides an opportunity, for example, to prioritise domestic violence. As
shown above, the district partnerships may not be easy for women to access. Unlike the
Criminal Justice Review, which steered clear of social justice issues, the PSNI is to
prioritise policy with regard to the ‘effect on economic and social rights’, a matter of
interest to women, but gives no information as to how this would be done.
9.8.2 PSNI Neutral Working Environment Policy
The policy is intended to create a workplace:
free of behaviour, comments, items or materials that may cause offence to officers or civilian staff.
Inappropriate behaviour or comments towards an individual or group which is based on the gender,
religion, marital status, political opinion, race, disability, sexual orientation, age, personal
characteristics and/or their social/economic/welfare background of an individual or group of
individuals.
Designed to prevent offensive sectarian behaviour, it also forbids sexist behaviour. 301
9.8.3 PSNI Recruitment
From April 2002 to May 2003: 564 PSNI officers were recruited (384 men, 180 women)
‘on a 50/50 basis between the Catholic and non-Catholic communities’. 302 The first 7
299 Ibid. The Police Service will systematically review each policy in terms of the nine categories listed at
Section 75 of the Act. For each policy the following criteria will be considered:
• Is there any evidence of higher or lower participation or uptake by different groups*?
• Is there any evidence that different groups have different needs, experiences, issues and priorities in
relation to the particular main functional areas?
• Is there an opportunity to better promote equality of opportunity or good relations by altering policy or
practice, or working with others in Government or the larger community?
• Have consultations in the past with relevant representative organisations or individuals within groups
indicated that particular policies, functions or duties create problems that are specific to them?
If the answer to any of these questions is positive then consideration will be given as to whether the policy
will be subject to an equality impact assessment procedure. Where it is found that there is insufficient data to
reach an opinion then additional information will be sought to inform the decision-making process.
300 Ibid.
301 For example, touching, gesturing and/or any other act that may be reasonably perceived as inappropriate,
intimidating, offensive and/or oppressive including jokes, innuendo or direct insults. Also excluded are
materials such as e.g. glamour posters/postcards, caricatures, cartoons, satirical poems, religious tracts etc
and sending inappropriate emails and graffiti. Items indicating assumed national identity, with a few
exceptions, and military memorabilia are also forbidden.
65

competitions for police officers (up to September 2004) drew 38,275 applications – 37%
were from women.
In January 2003 the PSNI launched the first phase of a three-year programme to create
1,500 new part-time (working between 4 and 12 hours per week) policing roles in local
communities in Northern Ireland. Applications were welcome from groups currently
under-represented, such as women. 303
9.8.4 PSNI Human Rights Programme of Action
This was published in response to Patten recommendation 1 on human rights.
9.8.5 PSNI Gender Action Plan 304
A working party was established to submit a plan to the Board which would examine the
number of females within the PSNI and address issues arising from the findings: underrepresentation
within the police service, the areas of work undertaken by females,
recruitment and training, and work/life balance. The report will look closely at the work
profile of the police service, examining roles of females as police officers and as civilian
staff and propose recommendations; issues relating to promotion, specialist postings,
development opportunities and cultural issues.
The action plan gives a thorough assessment and under a number of different headings
gives practical suggestions for carrying out reform.
Recruitment: Since direct recruitment for officers to serve within the PSNI started in
April 2001, the percentage of females joining has fluctuated between 22% in competition
three to almost 44% in competition five, in March 2003. If this trend continues it will raise
the overall percentage of females among full time officers from its current level of 16.47%
to over 26% by 2010. The removal of the physical competency test as part of the
recruitment process has seen the level of female recruits rise. 305
Deployment: It is recommended that a series of practical steps be implemented which
will tackle the ‘gentrification’ of roles within PSNI which will remove the focus on gender
within the Police Service. These steps will include the discontinuation of PW numbers and
duty sheets being issued which are based on seniority not gender. All officers should be
treated equally and be expected to carry out the full range of police duties irrespective of
gender.
Specialisms: The increasing numbers of women entering the Service will lead to an
increase in female officers in frontline service delivery. Proportionally fewer female officers
apply to specialist units, however when they do apply they seem to be as successful as male
officers. It is recommended that a communications campaign is commenced aimed at
encouraging under represented groups to apply to specialist units. This campaign will
initially focus its attention on female officers.
302 PSNI press release 2 May 2003
303 PSNI press release 24 January 2003
304 PSNI Gender Action Plan: ‘Dismantling Barriers to Reflect the Community we Serve’. September 2004.
The Police (Northern Ireland) Act 2000 (Section 48) tasks the Northern Ireland Policing Board to develop a
gender action plan to monitor the number of women employed in the Police Service of Northern Ireland
across the Police Service, the Police Service support staff and the Northern Ireland Policing Board’s staff.
305 The issue of the fitness test had been raised by the Northern Ireland Women’s Coalition, NIWC Press
Release, 25 October 2002
66

Promotion: Within the Police Service, females are under represented at all ranks, in
particular at command level. This is not surprising given the low number of females
recruited in the past. Reasons identified are reticence, career gaps, and motivation. The
report recommends an analysis to establish if there is a significant disparity between the
length of service of male applicants and female applicants for promotion and between the
success rates of the respective genders and a quantitative and qualitative study of female
officers to investigate attitudes towards promotion, obstacles against going for promotion
and factors considered prior to opting to apply for promotion.
Retention: It is recommended that managers/commanders look favourably on requests
for more flexible and variable work patterns; that work/life balance enquiries are given due
consideration and attempts made to facilitate such requests wherever possible- all requests
should by copied to the Equality/Diversity Unit.
Resolution/Industrial Tribunal: It is recommended that all staff attend
harassment/bullying training and receive and acknowledge receipt of the Grievance
Procedure and Harassment and Bullying policy.
Networking: Whilst each recommendation is specifically addressing a single issue the
overall objective is to create a culture that tackles any underlying or unintentional bias
against female officers. It is therefore recommended that that an overarching action should
be to establish greater opportunities for internal/external networking for female officers
thus enabling them to establish alternative frames of reference, which will enhance their
ability to adopt a different perspective and contribute to organisational change.
Recommendations – mentoring scheme; awareness raising; seminars; workshops; meeting
to assess interest within Criminal Justice sector of feasibility of establishing a women’s
network within the Criminal Justice field.
Civilians: Civilians form 31.6% of permanent PSNI workforce; females are 67.4%. Whilst
making up the majority, a greater percentage of females are employed in the lower grades
of staff. It is recommended that gender issues are given significant consideration as the
Police Service continues to examine opportunities to have all staff recognised as direct
recruits by 2010. This requires a significant mindset shift for the organisation.
An implementation group will continue to meet on a regular basis to ensure that all actions
are being implemented.
9.8.6 PSNI and Domestic Violence
Policing Plan 2003-2006: ‘To report the number of domestic violence offences and
develop a strategy for monitoring the disposal of incidents’. In 2004 the number of
incidents reported were 16, 926 compared to 15,512 the year before – an increase of 9.1%.
Domestic violence offences rose from 7,961 to 8,565 in 2003-04, an increase of 7.6%. 306
‘PSNI has developed a strategy to monitor the disposal of domestic violence incidents.’ 307
Compare these figures with Women’s Aid statistics for 2002-2003: 17,580 calls to Helpline
for advice on domestic violence. 989 women and 1,112 children were accommodated in
Women’s Aid refuges. The number of women that used local outreach centres was 4,451
and six women were killed as a result of domestic violence.
306 Northern Ireland Policing Board Annual Report 2004
307 Ibid.
67

9.8.7 PSNI and Equity Monitoring overall equity of treatment by PSNI is 72%
(against a target of 75%) 308
9.9 District Policing Partnerships
The District Policing Partnership Boards of the Patten Commission became District
Policing Parnterships (DPPs). 309 The Policing Board appointed 207 independent members:
108 Catholics and 99 non-Catholics to serve alongside the 241 elected members of the
DPPs, enabling 25 DPPs to be established. 310 Out of the 207 independent members, 127
were women. 311 DPPs are responsible for determining, through local consultation,
community needs and policing priorities and for monitoring police effectiveness. Each
DPP must make arrangement to obtain the views of the public concerning the policing of
the district. 312
9.9.1 Relationship between District Policing Partnerships and Community Safety
Partnerships (CSPs)
The Criminal Justice Review stated that the CSPs should replace DPPs and were to be
monitored by a newly created governmental body within the Northern Ireland Office
called the Community Safety Unit. The Criminal Justice Review adopted many of the
recommendations that the Patten Commission had made for the DPPs. 313 However,
instead ‘of the concept of the DPP and the CSP being effectively integrated as apparently
initially envisaged, there now appear to be two quite distinct and separate structures
established across all District Councils which have policing as a central component of their
work.’ 314 ‘CSPs are led and effectively funded by the Northern Ireland Office, whereas the
DPPs are independent of any institutional link to government,’ 315 perhaps revealing a
reluctance by the NIO to cede control as envisaged by Patten.
9.9.2 District Policing Partnerships and Women
The DPPs can potentially affect women. As members they can be involved in decisions
around local policing and raise issues of concern. One example is Strabane DPP which in
August 2004 saw an increase in the number of incidents of domestic violence reported to
the police in Strabane District Command Unit. Following consultation with the
community and Foyle Woman’s Aid, Strabane DPP put forward a recommendation that
the PSNI grade domestic violence as a ‘priority crime’ in the district. This was adopted in
the area’s policing plan for 2004-2005. Strabane DPP have undertaken to monitor police
performance by requesting reports on the number of reported incidents of domestic
violence, the number of incidents the PSNI attended, the number of arrests and the
number of repeat offences at their meetings in public. Foyle Woman’s Aid has provided
training on raising awareness for police staff. 316
308 Northern Ireland Policing Board Annual Report 2004
309 Current members of DPPs will serve until the next local government elections in 2005
310 Northern Ireland Policing Board Annual Report 2004
311 Policing Board Press Release, New era for local policing – Policing Board announces DPP appointments,
4 March 2003
312 Northern Ireland Policing Board Annual Report 2004
313 Patten recommendations 196 and 204
314 CAJ Commentary on Policing Board November 2003
315 Ibid.
316 Strabane DPP news release 16/8/04
68

However public information/participation in DPPs is lacking. A questionnaire sent to
60,000 households (15,361 replied) 317 gave information on attitudes to crime and policing
in District Councils with breakdown by religion, age and gender. Asked if they had heard
of DPPs, 75% of males responded yes; 60% of females. Asked if they knew who the
members of their local DPP were 71% of both sexes said no (19% male said yes; 17%
female). Asked if they knew how to contact the DPP over 70% of respondents said no
(19% male said yes; 18% female said yes). Asked what the biggest problem in their area
was 5% of women and 3% of men cited domestic violence. The questionnaire sets out a
list of activities that the PSNI in the area should concentrate most resources on and asks
respondents to prioritise them – domestic violence is not included on the list.
9.10 The Oversight Commissioner
The Commissioner is male as are the team of seven experts. The office issues periodic
reports. The December 2004 318 report includes a section on the theme of community
policing:
We see little compelling evidence that the entire Police Service is assisting on focusing its complete
attention on supporting the Policing with the Community effort. Our conclusion is that there needs
to be a strategic renewal to refresh the initiative, regain organisational momentum, and build on the
tremendous amount of good work accomplished and ongoing.
9.11 Office of the Police Ombudsman
9.11.1 Complaints
Between April 2003 and March 2004, 2976 complaints, containing 4196 allegations, were
received (73% from men; 27% from women). 319 Complaints are broken down under a
number of headings but there is no division between men and women. For example,
oppressive behaviour accounted for 1571 (37.4%); sub categories under this heading are
sexual assault (8), oppressive conduct/harassment (487) but there is no gender breakdown
or equity monitoring. The low substantiation rate has been commented on. 320
9.11.2 Staffing
At 31 March 2004, the office had 122 staff: 59% male, 41% female; there is no information
as to level of seniority. On the senior management team the Police Ombudsman is female
as is the Director of Corporate Services; the remaining five members of the senior
management team are men. While ‘advertisements for positions which are underrepresented
by females now include a statement that applications are particularly welcome
from women’, there is nothing in the annual report about promotion or measures such as
affirmative action. 321
9.11.3 Police Ombudsman and the Carryduff Case
A child’s body, which had multiple stab wounds, was found in a black bin bag by children
in Carryduff in March 2002. As part of their efforts to trace the baby’s mother, detectives
launched a campaign to voluntarily screen females in the area between the ages of 13 and
45 for DNA, with an undertaking to destroy all samples that did not relate to the child’s
DNA profile. The Police Ombudsman’s Office was called in to oversee the destruction of
samples and the deletion of records and to reassure the women involved that such action
had been taken.
317 District Policing Partnership Survey 2004 , NIO Statistics and Research Agency
318 Report of the Oversight Commissioner, December 2004
319 Police Ombudsman’s Annual Report April 2003 – March 2004
320 CAJ Annual Report 2003-2004
321 Ibid.
69

9.11.4 Other Policing Challenges
Despite new developments, Nationalist confidence in the PSNI remains critical. This has
given rise to some novel investigative mechanisms. In the case of Sean Brown, where a
police investigation into his murder was shown to be woefully inadequate, a new
investigation invited witnesses to go to the Police Ombudsman, or local human rights
NGO, the Pat Finucane Centre – in an indirect acknowledgement that witnesses may not
go to the police. In the killing of Robert McCartney, apparently by members of the IRA,
it has been suggested that the Police Ombudsman may have a role for some of the same
reasons. These measures show that where issues of confidence arise they can be
addressed by novel mechanisms; this has implications for women in other arenas such as
the reporting of domestic violence or sexual violence.
The Robert McCartney case, however, also raises questions about the broader definition
of ‘politics’ and how women are perceived with relation to it. The case has been
progressed by the sisters and partner of the dead man. When it was mooted that one of
the McCartney sisters might run for election and that the basis of her candidacy would be
human rights, Sinn Féin negotiator Martin McGuinness warned the family that they
should be careful not to cross ‘the very important line into the world of party politics’,
raising the question of where that line is, and what is its significance and relationship to
justice battles.
9.12 International Best Practice
The ‘UN Expert Group on Peace agreements as a means for promoting gender equality
and ensuring participation of women – A framework of model provisions’ 322 advocates the
following:
• In States coming out of conflict, the security forces should ‘provide, whenever
the need arises, ongoing protection for women and girls under threat of
physical violence and ensure freedom of secure movement of women and
girls’. They should also ‘provide security to ensure that women and girls can be
active members of the society (e.g. access to education/health facilities,
markets etc.)’ Policing around the Holy Cross schooling issue was a failure in
these terms.
• ‘Disarmament must aim to secure freedom of movement of women and girls,
including dismantling and removal of all road blocks, bunkers and military
camps.’
• ‘Screening incoming personnel shall include their prior history with regards to
human rights abuses and violence against women, including domestic violence,
with specific attention to their conduct throughout the conflict. Persons with
such histories are to be excluded.’ How is this effected in Northern Ireland in
relation to the police and with regard to anti-discrimination measures for exprisoners?
• ‘Training for the new police force shall be provided and shall include training
with regard to human rights and gender-based violence, including domestic
violence. This training shall draw upon the expertise of women’s NGOs.
Gender units shall be established in police posts as soon as feasible.’
322 United Nations Division for the Advancement of Women (2003), Peace agreements as a means for
promoting gender equality and ensuring participation of women – A framework of model provisions, Report
of the expert group meeting Ottawa, Canada, November 10-13, 2003 (New York: United Nations Division
for the Advancement of Women)
70

• ‘An academy for the creation of a professional police force shall be established.
The curriculum shall be established in accordance with human rights and
gender equality commitments. Due regard shall be given to gender balance in
the appointment of the teaching staff, and affirmative action taken to recruit
women into the police force at all levels and in all roles.’
• ‘Measures to eliminate small arms’.
• Within the police force ‘due regard shall be given to gender balance’ and
‘women police officers shall be assigned to all levels of active duty’.
9.13 Disarmament
Women seem side-lined from the larger arms issue with little input into decommissioning
or the work of the International Monitoring Commission. There is the issue of arms and
the security forces, especially the use of plastic baton rounds (plastic bullets). The
preamble of CEDAW calls for ‘general and complete disarmament’. The United Kingdom,
a party to the Convention continues, during this transitional phase, to permit the use of
plastic bullets by the security forces. In spite of 14 deaths and many serious injuries from
the use of plastic bullets no one has been convicted in respect of any of the deaths or
injuries. Compensation has been paid but no criminal charges brought. 323 The Patten
report did not call for the withdrawal of plastic bullets but recommended more
accountability, training and stricter rules. The report included the following statistics:
‘Since 1981, a total of 41,657 have been discharged by the police and 14, 572 by the army.
11 deaths have been attributed to PBRs since 1981 (and 5 before that), and 615 injuries.’
The Northern Ireland Women’s Coalition urged that ‘plastic bullets be withdrawn from
use’; 324 the Bloomfield Report 1998 recommended banning the use of plastic bullets.
9.14 In Summary
The Agreement is not gender-specific with regard to policing but is gender inclusive in that
it envisages a police force representative of the ‘community as a whole’ or the ‘society it
polices’. Community and identity, however, is primarily defined in terms of
Catholic/Nationalist and Protestant/Unionist. Both men and women are to be active
stakeholders in the new police service, especially with regard to community policing. As
stakeholders they will lend support, and ultimately it is hoped, allegiance to a police service
that is fair and impartial. Principles of human rights will be the basis of the new policing
structures and arrangements. Key issues for women were accountability, equality and
representation, and community policing.
The Patten Report, the Policing Board and the PSNI all state the need to tackle the underrepresentation
of women in policing. Yet Patten holds back from introducing a quota
system, while doing so to redress the under-representation of Catholics, possibly because
failure to co-opt males from Nationalist communities will impact on the chances of
maintaining the peace. Equality for women, set against this imperative, can wait and
happen over a longer time span. The matter was also complicated by European Union
legislation. However, dealt with as a numbers game, the approach was one-dimensional
and did not see how addressing sexism could indirectly address sectarianism. Women
could change the culture and macho image of policing. ‘Merit’ again is given credence but
323 CAJ Just News, September 2003
324 Northern Ireland Women’s Coalition, A New Beginning: Policing in Northern Ireland The Report of the
Independent Commission on Policing for Northern Ireland, A Response from the Northern Ireland
Women’s Coalition
71

with not the same emphasis as the in the Criminal Justice Review. Some anomalies are
glaring – having only two women out of the nineteen on the Policing Board sends the
wrong signal and raises questions as to the Board’s commitment, credibility and
effectiveness in monitoring the PSNI’s gender balance. Recommendations on the retention
of women within the service suggest childcare provisions and more flexible working
arrangements. However, the recommendations particularly targeted at women are for
women with caring responsibilities, not the only issues that women have.
The register of interests will help break the secrecy of traditional male organisations and
the neutral working environment should make for a more comfortable workplace.
Recruitment of women in the PSNI is increasing and a Gender Action Plan has been
drawn up. The Plan includes precise, recommendations, which are practical but also
attempts to tackle less obvious practices that disadvantage women, such as networking. A
recommendation that groups under-represented in Specialist Units should be targeted to
apply for positions, the Plan suggests prioritising female officers. This recognises women’s
particular disadvantage within the range of categories. Since there are overlapping identities
with women being part of other under-represented groups, promoting women should
impact on the others.
In terms of community policing, the establishment of District Policing Partnerships gave
more local control than the measures put forward by the Criminal Justice Review. Still
women lost out because of their under-representation in district councils. They did
however comprise a little over half of the independent appointments that were made. The
experience of Strabane in tackling domestic violence shows how effective it can be when
women’s priorities are brought to the fore. Changes in policing set out to deal primarily
with sectarianism can benefit gender but gender also enables sensitive sectarian aspects to
be pushed through. A question worth raising but which is not explored here is whether
Sinn Féin’s refusal to take their place on the Policing Board and to engage with the current
policing arrangements impacts on gender. If the PSNI has so far failed to bring on board
the Nationalist community does it make the force more determined to show a result in the
other main area of under-representation, women police officers? Again, because of Sinn
Féin’s position, policing remains under constant scrutiny. Does this ensure that resources
are allocated and that action is taken to implement aspects of the Patten Report – such as
the neutral working environment – as confidence building measures towards the inclusion
of nationalists and which by-the-by benefit women? Paradoxically, with one main player to
the Agreement off-side on this issue, is pressure to deliver maintained and progress
(outside of the political dilemma) less slow than in the other areas of institutional reform
examined in the earlier sections?
72

10. CONCLUSION
The overriding concern of the Good Friday Agreement was the sectarian power
relationship between Nationalists and Unionists; women had to create a space within that.
Human rights and equality provisions in the Agreement offered the possibility of
improvement in women’s role in society.
In the transitional phase ushered in by the Agreement, sectarian politics have continued to
dominate. A suspended Assembly, talk of renegotiating the Agreement, power-sharing,
decommissioning, criminality – these issues remain centre stage. Provisions that
specifically mention women, such as increased participation in the political process, have
not significantly progressed. Issues arising from the past such as truth-telling,
compensation, impunity, treatment of victims, and prisoners, all relevant to women in
particular ways, are being tackled with varying degrees of success.
The implementation of other parts of the Agreement that impacted on women, especially
with regard to equality and human rights, has been slow and piecemeal. The approach to
women’s issues across a number of areas suggests that not only are the right answers not
being put forward to deal with systemic discrimination and patriarchal constructs, the right
questions are not even being asked.
The new Northern Ireland Human Rights Commission has been beset with problems and
has not managed to get a Bill of Rights on the statute book. The Equality Commission has
sought to widen the scope for tackling inequality but the vehicle for doing so, the Single
Equality Act, has not yet been passed. Both organisations raise questions such as how
women’s rights should be advanced, gender mainstreaming or special provision, and
whether women’s equality is best promoted through a wide equality agenda that includes a
number of groups. Does a broad understanding of equality preclude tailor-made
provisions for each group?
Reviews of criminal justice and policing, as mandated by the Agreement, have been carried
out. Again, reform has been aimed primarily at ensuring Nationalist representation,
underlining the difference of approach in dealing with sectarian and with gender inequality,
one example being the recruitment process for police officers. Measures dealing with
sectarian inequality are more robust; for women, change will happen incrementally and
over time. The potential in the Agreement for community participation has not been fully
realised, as for example with the Criminal Justice Review. Similarly, the Criminal Justice
Review dealt with criminal justice and not social justice, an area of concern to
disadvantaged women. The slow delivery of social and economic rights has also impacted
on this group.
73

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