Punishment Violence, Community Restorative Justice and Transformed Police-Community Relations in Northern Ireland
Submitting Institution
Queen's University BelfastUnit of Assessment
LawSummary Impact Type
SocietalResearch Subject Area(s)
Studies In Human Society: Criminology, Sociology
Law and Legal Studies: Law
Summary of the impact
The impact here relates to Kieran McEvoy's research on the development of
Community
Restorative Justice (CRJ) in Northern Ireland. The reach of this impact
has been three-fold.
First, McEvoy's research was central in persuading the Irish
Republican Army (IRA) to change
their policy and practice and to ultimately end punishment violence
completely. No IRA
sanctioned punishment attack has occurred between 2008 and 2013. Second,
his research led
directly to the establishment and development of ten lawful and
non-violent CRJ projects, now
staffed largely by former IRA activists which replaced the previous system
of paramilitary
vigilante justice. Third, McEvoy's research on CRJ has led to a
collaborative relationship on the
ground between previously estranged Republican communities and the police
in Northern Ireland
via these CRJI programmes from 2008 to 2013
Underpinning research
The key researcher (McEvoy) was appointed to Queen's in July 1995. For
almost two decades
McEvoy's research has focused on; (i) finding alternatives to
punishment violence, (ii) empowering
local communities to develop their own problem solving capacity (through
CRJ) and (iii) improving
relations between Republican communities and the police. Following lengthy
negotiations with the
IRA, McEvoy and three others produced a research report (Auld et al 1997)
which offered a route
map to end punishment violence and replace such activities with CRJ
projects — known as
Community Restorative Justice Ireland (CRJI). These projects which the
research proposed were
subsequently established in 1998 and continue to this day. Further
research (McEvoy and Mika
2002) articulated the continued complex causes of punishment violence and
the challenges for all
in moving away from deeply embedded cultures of violence; the need to
balance human rights
compliant standards of policy and practice in community based projects
against excessive legalism
(McEvoy 2007); the leadership skills of former combatants in such
peace-making work (McEvoy
and Shirlow 2009, REF OUTPUT 2); the requirements from former IRA
activists, the community
and the police for a more effective working partnership (McEvoy and
Eriksson 2008); and the
lessons to be gleaned from this work with the IRA by human rights
activists elsewhere regarding
engagement with armed groups (Dudai and McEvoy 2012). As is evidenced
below, the practical
impact of the implementation of this research are that (i) No IRA
punishment attacks have occurred
since 2007; (ii) the capacity and credibility of the CRJI projects
is widely accepted and (iii)
relations between Republican communities and the police have improved
dramatically.
A number of important insights emerged from the research. (i) It
is possible to engage directly with
armed groups and affect their behaviour through research and practice
grounded in human rights
and restorative justice. (ii) Deeply embedded cultures of violence
can be challenged and
ameliorated through careful, well planned, politically nuanced
community-based programmes
underpinned by good research and policy work. (iii) Former
paramilitaries, if appropriately
resourced and motivated, can become key leaders in grass-roots conflict
transformation. (iv)
Restorative justice theory and practice can be both adaptable and
effective in community-led
programmes and delivered in a human rights-compliant manner (v)
State agencies may have to
accept a more balanced notion of `real partnership' when co-working with
well run, assertive and
confident community organisations. (vi) The police and other
criminal justice agencies can deliver
more effective crime prevention and policing as a result. (vii)
Other societies emerging from
conflict should be wary of the related dangers of excessive legalism and
state-centricity, cognisant
of the role and capacity of grassroots justice organisations and open to
direct engagement with
armed groups for peace-making ends.
References to the research
Sample Publications
• Auld, J., Gormally B., McEvoy, K and M. Ritchie (1997) Designing a
System of Restorative
Community Justice in Northern Ireland: The Blue Book"
Belfast: The Authors (52pp).
• McEvoy, K. & H. Mika (2002) "Restorative Justice and the Critique
of Informalism in
Northern Ireland," British Journal of Criminology, (2002) 43,3
534-563.
• McEvoy, K. (2007) "Beyond Legalism: Towards a Thick Theory of
Transitional Justice."
(2007) Journal of Law and Society, 34, 4, 411-440;
• McEvoy, K and A. Erriksson (2008) `Who Owns Justice? Community, State
and the
Northern Ireland Transition.' In J. Shapland (2008) (ed) Justice,
Community and Society
Cullompten, Willan pp.157-190;
• McEvoy, K. and P. Shirlow (2009) `Reimagining DDR: Ex-combatants,
Leadership and
Moral Agency in Conflict Transformation.' Theoretical Criminology,
13,1 31-59 (REF
Output 2)
• Dudai, R. and K.McEvoy (2012) `Thinking Critically about Armed Groups
and Human Rights
Praxis.' In R. Dudai and K. McEvoy (eds) Special Issue: Armed Groups and
Human Rights
Practice, Journal of Human Rights Practice 4, 1, 1-29.
Key Research Grants
In 2000, McEvoy was awarded (£33,500) by the American charity Atlantic
Philanthropies (AP) to
develop relations between Republican, Loyalist CRJ activists and the
police. In 2001-02, McEvoy
was awarded a Fulbright Distinguished Scholarship (which funded a year's
sabbatical at Harvard
Law School, (£14,200), an AHRC Study Abroad Fellowship (£14,000)
and a British Academy Small
Grant (total £3,770) — all on the topic of CRJ. In 2005, McEvoy was
awarded another grant of
£230,000 from AP to explore the international potential of CRJ in South
Africa, Rwanda, Colombia
and Sierra Leone.
Evidence of Quality.
One of the underpinning articles above is a REF 2 Output. In 2009,
McEvoy's article Beyond
Legalism (which emerged from his Northern Ireland research and was
then applied internationally)
was awarded the Socio-Legal Studies Association article of the year award
for "the most
outstanding piece of socio-legal scholarship published in the previous
year." In addition, the impact
of McEvoy's contribution to finding alternatives to punishment violence
has received wider
recognition. In 2004 he was given an award by Community Restorative
Justice Ireland for his
`central contribution' in creating these projects. In 2008 he was
named one of Britain's `top ten
young most influential young intellectuals' by Arena magazine for `practising
what he preaches' as
a peace and human rights activist.
Details of the impact
The impact of the research is as follows.
The IRA ceasefire of 1994 specified a cessation of `military operations'
only — i.e. punishment
violence against alleged anti-social offenders continued. Between 1973 and
2007 Republicans
were responsible for approximately 1570 such shootings and over 1000
beatings (PSNI 2010). In
1994 McEvoy and three human rights activists began direct dialogue with
the IRA to explore non-violent
alternatives to such practices. Following intensive negotiations with
senior IRA members, a
research report written by the team was presented to the Republican
leadership (Auld et al 1997 — the `Blue Book'). That document mapped out a route for the IRA to
`responsibly disengage' from
punishment violence. It proposed the creation of local CRJ projects which
would instead deal with
crime and anti-social behaviour using non-violent and lawful restorative
justice techniques. It also
suggested that relations between the police and Republican communities
could be gradually
improved through such projects. In late 1997, Sinn Féin President Gerry
Adams announced that,
following extensive consultation with `external experts' (i.e. McEvoy et
al), Sinn Féin would support
the establishment of CRJ as an alternative to IRA punishment violence. The
IRA subsequently
issued a series of statements, also confirming its support for the
initiative (press statements in
QUB REF archive). Four pilot projects were established in 1998. McEvoy
became a Board member
of the newly formed organisation Community Restorative Justice Ireland
(CRJI) and remains one.
The International Monitoring Commission (IMC), a body established by the
British and Irish
governments to assess the paramilitary ceasefires, concluded that while
one death occurred as a
result of a punishment beating in late 2007 involving IRA members, it was
un-authorised. In 2009
the IMC further concluded that the IRA remained `on an exclusive
political path' and `where
individuals have engaged in violence or other crime (including against
perceived anti-social
behaviour) we believe they did so without sanction' (IMC 2009:10). In
effect, no IRA sanctioned
punishment violence has occurred between 2008 and 2013. At the time
of writing (2013) there are
now five projects operational in Belfast, one in Newry/South Armagh and a
further four in the Derry
area, processing approximately 1300 cases per year.
Given that the origins of the restorative justice projects lay in
dialogue with the IRA, they have been
the subject of extensive external review (e.g. Criminal Justice
Inspectorate NI 2008, 2011). As
evidenced by these inspection reports, the quality and value of their work
is now widely accepted.
[text removed for publication] also attest that ending punishment violence
would not have
happened without McEvoy's research. As Harry Maguire, [text removed for
publication] (convicted
of the murder of two British Army Corporals at an IRA funeral in 1988 and
released early under the
Good Friday Agreement) and current Community Restorative Justice Ireland
Director confirmed
(letter);
"It was the process which Professor McEvoy and his colleagues engaged
in with Republicans —
known locally as the `Blue Book Process' — which ultimately led to the
creation of CRJI and the
creation of a non-violent alternative to punishment violence... the
Republican Movement could not
have delivered an end to punishment violence without having something
there in its place.
Community Restorative Justice was that alternative — a responsible and
progressive response to
crime and anti-social behaviour based upon restorative justice. Of
course it required the
commitment of our activists to implement it, but the Blue Book written
by McEvoy and his
colleagues was the road map to the IRA ending punishment violence...
McEvoy's subsequent
research conducted on restorative justice, practice standards, human
rights protections, the role of
combatants and former combatants in peace-making and how to work with
the police while
retaining our community credibility has been absolutely crucial to the
successful development of
Community Restorative Justice in the North of Ireland, and to our
efforts to improve relations with
the PSNI. We couldn't have done all of this without him, simple as
that."
Other than the engagement with the IRA and the involvement of [text removed for publication] as
staff and volunteers on the project, the other most challenging aspect of
these initiatives has been
their relationship with the formal justice system in general and the
police in particular. The
historically poor relationships between sections of the
Catholic/Nationalist community and the
police was a key driver for the reform process instituted by the
Independent Commission on
Policing chaired by Lord Patten. While a political deal on policing was
eventually concluded in May
2007 when Sinn Féin took its seats on the Policing Board, both the police
and Republican leaders
emphasised that the quality and durability of the relationship between the
PSNI and Republican
communities would be judged by events on the ground. Again successive
reports by the Criminal
Justice Inspectorate for Northern Ireland (CJINI), which are required in
order for the projects to
continue to receive mainstream statutory funding, have documented the
centrality of the CRJ
projects in developing good relationships with the Police (2008, 2011). As
one recent CJINI report
indicated "Inspectors were told by senior police officers in West
Belfast and Derry/Londonderry that
they regard Community Restorative Justice Ireland as the
single most important relationship they
have in reaching out to the previously estranged or hard to reach
republican/nationalist
communities living in those areas" (CJINI 2011:11).
McEvoy's research has been identified by the
police as central to this impact. As former RUC Assistant Chief Constable
Stephen White OBE
confirmed (letter);
"It is to his [McEvoy's] great credit and perseverance that today his
RJ efforts are widely
recognised as having been a major success in persuading the IRA to end
community
punishments... [A]nother major benefit which flowed from his work is the
promotion of better
relations with the police through CRJ. Due to his personal and
professional efforts the progress
made in the area of community and police relationships has been truly
remarkable...The fact that
projects which have been spawned directly from his work include many
prominent former members
of the IRA, an organisation that spent 25 years trying to kill police
officers is, quite simply, a cause
for celebration...This work is of major strategic significance to the
police...the PSNI recognised
that they needed partners in Republican communities. Those partners had
to have local credibility
but often their past made it difficult for the police. The solution was
to focus on the work within the
projects and demonstrate that it was of high quality, lawful, human
rights compliant and
internationally and nationally respectable. That is where the research
done by Professor McEvoy
was a key factor. His research located these developments in the
international context and
provided a vision as to how, within CRJ projects, relations between the
police and the communities
could develop in the interests of both...In short, his research and
reputation helped give the police
the confidence to engage and to develop relationships on the ground...
In 2012 I agreed to join the
Board of Community Restorative Justice. I now sit on that Board with
former IRA activists, helping
to further enhance police community relations in local Republican
communities, largely because of
Professor McEvoy and his work."
Sources to corroborate the impact
- PSNI (2011) Casualty as a Result of Paramilitary Attacks.
http://www.psni.police.uk/index/updates/updates_statistics.htm
- Independent Monitoring Commission (2008) 18th Report of
the IMC. Belfast HMSO.
- Independent Monitoring Commission (2009) 20th
Report of the IMC. Belfast: HMSO.
- Criminal Justice Inspectorate Northern Ireland (CJINI) (2008)
Report of an Inspection.
Community Restorative Justice Ireland. Belfast: CJINI.
- Criminal Justice Inspectorate Northern Ireland (CJINI) (2011)
Report of a Pre-Inspection of
Schemes in Belfast and in the Northwest of Community Based Restorative
Justice. Belfast:
CJINI.
- Sinn Fein and IRA statements re CRJI, 18th December 1997,
March 20th 1999 and related
press coverage (QUB REF ARCHIVE)
- Letter, CRJI Justice Ireland Director and former Republican leader 18th
September 2013
(QUB REF ARCHIVE)
- Letter, former RUC Assistant Chief Constable QUB REF ARCHIVE,
17th September 2013 (QUB REF ARCHIVE).