Devolution deadlock has revealed limitations of powersharing
WE NOW have had the longest continuous period of devolution in Northern Ireland since 1972 at over 30 months, with the stop-start devolution of the 1998-2002 period seemingly something of the past. However, the current risk of collapse of the institutions exposes the pseudo-stability of the developments of recent years and the fragile foundations on which progress has been built.
The growing crisis related to the saga around the devolution of justice and more general frustrations between partners in government has now become even more acute given the situation in the DUP. It is critical that that party is able fully to engage and make the necessary commitments to deliver progress.
The tragedy is in part that the differences between the DUP and Sinn Féin over the devolution of policing and justice are now relatively small. There is a large measure of support for the principle of devolution. Decisions have already been taken regarding the powers and responsibilities for a new department. Matters still to be agreed include the relationship of a minister to the rest of the Executive and what would go into a revised programme for government covering policing and justice issues.
The most contentious outstanding issue is the timing of devolution, which has been linked to issues or perceptions of confidence. For Alliance, there is sufficient confidence for devolution to occur today. However, the major challenge lies in sustaining public confidence after devolution. It is in this context that agreement around any potential programme for government is so critical.
There is a clear lesson from the operation of devolution to date, in that where matters were set out in the original programme for government delivery has been relatively smooth, but where issues were not addressed chaos has ensued. Similarly, given the clear impact that communal divisions have upon the criminal justice system, it is vital that the Executive has a community relations policy in place.
While the level of crime has fallen in recent years, more needs to be done to address both the levels of offending and the fear of crime. There is a strong public desire for more visible policing.
Devolution creates new opportunities for co-operation between different departments and agencies, including a new local community planning model. Opportunities include working on dealing with the effects of substance abuse, addressing mental health problems within the offender population, tackling avoidable delay in the system and improving the speed of justice. A Department of Justice can help to build good relations by supporting efforts to create and maintain shared space.
To realise these opportunities, the current deadlock needs to be broken. There needs to be a greater spirit of generosity between parties. Relations between the key partners in government cannot continue on the basis of zero-sum politics whereby a gain for one is viewed as a defeat for the other.
Even if the current poison that has infected the political process is drawn over coming weeks, and the decks are cleared of contentious issues, there should be a sober appreciation of the limitations of the current institutional arrangements and what the peace process means.
The parties in government are not required to work to a shared understanding of a common good. The unity of purpose shown by Peter Robinson and Martin McGuinness in standing up to dissident terrorism was a high watermark for devolution. Yet, that unity was in terms of what they were against rather than in advocating a shared vision of the future.
Ultimately, it must be recognised that a successful peace process must be more than simply the absence of large-scale violence or the containment and management of political divisions, it must rather extend to the creation of a reconciled, normal society.
Dr Stephen Farry MLA is Alliance Party spokesman on justice