Discrimination - They Think It's All Over


Discrimination - They Think It's All Over

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In 2014, jobs are scarce

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and the whole process of getting one is very complicated.

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When you apply for a job, you have to fill in a form

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telling your employer your religion, your race, even your sexuality.

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But the people appointing you or interviewing you aren't allowed

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to know any of that or if you're married

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or your age or whether you have a disability.

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Why? Well, in case they discriminate against you.

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Things were a lot simpler back in the 1960s.

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The Catholic boys and men around this district, or any Catholic,

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actually, can't pick and choose their jobs.

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As that woman has told you,

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the Protestants get the pick of the jobs.

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They're out for civil rights

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and there's no civil rights to be out for.

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You take a man here of a Protestant who's working,

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and his basic wage is £12-14 per week.

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You take a man on the Roman Catholic side, there's no call to work.

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His wages of the Government are £20-25 per week.

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There's nothing right with being a Roman Catholic,

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the Protestants have better privileges and everything else.

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In the past there may well have been discrimination

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but nowadays there's very, very little.

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I fought for 18 years in the Army for liberty and freedom.

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But simply because I'm a Catholic I cannot get freedom or liberty here!

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Discrimination in employment was a major divisive issue in

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Northern Ireland in the 1960s,

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and in 1969 that anger and resentment boiled over.

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Even years later, lack of fairness in employment was said to be

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a major cause of the Troubles.

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According to Martin McGuinness, one of the main reasons he became

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a Republican was not necessarily

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what flag flew over public buildings.

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When I was 15 years of age,

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I walked into a Unionist-owned business in Derry.

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I was asked my name.

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I said, "Martin McGuinness." It's not spelt the same way as Ken's.

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They asked me then, what school I went to, and when I told them

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the Christian Brothers School, I was shown the door.

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Martin McGuinness and his cohorts

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are coming from the...killing of 2,200 people

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because he said he didn't get a job in 19-something-or-other!

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I think it was slightly more complicated than that, Ken Maginnis.

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So, there you have it, Martin McGuinness could have been

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a car mechanic instead of a Deputy First Minister.

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Nowadays, we take the issue of fairness in employment for granted.

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We're all used to the culture of equal opportunities

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but it wasn't always like that.

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This is the story of fair employment in Northern Ireland.

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The issue of discrimination in employment goes way back.

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I mean, in 1690 we even fought a war over

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whether a Catholic or a Protestant should get the job as King.

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But we don't have to go that far back.

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Lack of fairness in employment was a problem that stretched

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back to the 1900s, and even before then.

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It was very much a feature before partition.

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Belfast shipyards, for example, tended to have a very small

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percentage of Catholic workers, and many of those were

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expelled in the sectarian violence of the early 1920s.

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Edward Carson, who contributed

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so much to the foundation of Northern Ireland, was offered the

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post of Prime Minister but declined, preferring to live in England.

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And he still got a statue up in Stormont.

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But when the Northern Ireland state was created,

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Carson had a warning for his fellow Unionists.

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I want to remind you of one great Unionist, Edward Carson,

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when he said, "Look after the minority." We didn't...

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..and have we suffered for it.

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Many Unionists, even Ian Paisley, now concede that Carson's words

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might have fallen on a few deaf ears.

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But what was the actual extent of discrimination in employment?

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Well, this is Northern Ireland, so views vary.

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Discrimination was systematic, it was structural, it was endemic.

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It was planned.

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There was discrimination in Northern Ireland, I would just

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add that it was probably on both sides as well.

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I think there was a factory of grievances.

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I think that's what part of the civil rights was about,

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"Let's try and produce as big a list of grievances as we can."

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-CROWD CHANT:

-Sieg Heil! Sieg Heil!

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Many of them were grossly over-egged

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and I think...employment discrimination as well.

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The Unionist Party ran the Government of Northern Ireland

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from the 1920s to 1972.

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A period which many nationalists have

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described as "50 years of Unionist misrule."

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But this was not the Southern States of America.

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Protestants didn't own Catholic slaves.

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Nor was it apartheid South Africa.

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Discrimination was not enshrined in law.

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But it is clear that a culture of discrimination, of unfairness

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was allowed to flourish.

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There's a famous saying that I always remember,

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"You'd neither in ye nor on ye, but we were in power!"

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So, it was always about...you might think you and the Protestant

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working class were doing really, really badly

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but look at THEM across the way.

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Lord Craigavon very famously, within 18 months of Stormont being opened,

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says, "All I boast is we are a Protestant Parliament

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"and Protestant State."

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His Agriculture Minister, Sir Basil Brooke,

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a future wartime Prime Minister,

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actually urges Protestant employers in 1933 to employ only

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Protestant lads and lasses and not Roman Catholics who

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were 99% disloyal and are out to cut our throats.

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And then we have the famous one, of course,

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of JM Andrews, Minister of Labour and a future Prime Minister,

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who actually says, in 1933, that there are rumours that the

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number of porters at Stormont are Roman Catholic

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but he has counted them

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and of, actually, 31 porters, 30 are Protestant,

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one is a Catholic - but he's only temporary!

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And he actually makes this speech.

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Dawson Bates was in charge of everything, the police,

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the electoral system, the strongman of the Cabinet,

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former organiser of the UVF.

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And he's there for over 20 years in this key position.

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But Dawson Bates refused to use a telephone at Stormont,

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when he discovered that somewhere amongst that mass of young ladies

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there was a Roman Catholic telephonist.

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Now, this takes some beating, you know.

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When the Prime Minister and the Minister for Home Affairs,

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in charge of the police, adopt these attitudes,

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it's not surprising that they might be replicated among employers.

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Many ordinary people didn't think in those terms at all.

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They had great neighbourly relationships, they would

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employ their neighbours at harvest time and all the rest of it,

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but there was a political culture embedded, I think,

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in the Unionist system and in the Unionist state.

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All of the empirical evidence clearly shows that there

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was rampant discrimination against the Catholic community.

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I think it also clearly shows that there were many

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people in the Protestant community who didn't do that well either,

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because effectively the Northern state was being

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controlled by a hierarchy of people,

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who looked after their own.

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It was in the powers that be, the landed gentry, the sirs,

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the majors and the lords,

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ably assisted by some of our big daily newspapers,

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that played that Orange card.

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Unionists argued that discrimination was exaggerated, that much Catholic

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unemployment was due to them having larger families or to geography.

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The areas you have mentioned, they haven't high unemployment

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because they're Catholic but simply

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because they are based on the periphery of Ulster.

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They're away in the west, most of them, and Newry is deep in the south.

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Because of the economic setup,

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mostly initiated or maintained by a Socialist government

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across the water, unemployment is sometimes very attractive.

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Particularly to people with large families.

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They also said that discrimination wasn't always one way.

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In areas where Catholics were in the majority,

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they tended to discriminate against Protestants.

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One side is just as bad as the other.

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Erm, and it's the Trade Union principle,

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they want their own people.

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They want their own people in their own businesses.

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With housing as one of the political issues, unemployment is the other.

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In Derry, unemployment has always been high.

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Today, one man in five is out of work

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and here, too, religion complicates the problem.

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Every time they would ask you what school you were at.

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And when you said Saint Columba's, that's that, they've no vacancies.

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That's not the Protestants,

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that's these people that's on the Guildhall and up in Stormont

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that's making the difference.

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The Protestants and the Catholics could live here all right,

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if they were left alone to live.

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I know the person who,

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in the 1960s, his job...he was employed as a civil servant,

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was Protestant but he told me

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his job was to put a star beside the names of the Catholics,

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who were applying for boards, to get promoted and so on.

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And even applying to get into the civil service.

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This is BBC Northern Ireland.

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Ulster stands at the crossroads.

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At this crucial time, Northern Ireland had a new Prime Minister,

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Captain Terence O'Neill.

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Unlike his predecessors, O'Neill knew things had to change and

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for a time, it looked like he might be the man to do it.

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I think by the '60s O'Neill appears to be addressing the issues.

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He's trying to improve community relations,

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but it's very much gesture politics.

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It's the visit to a convent school, you know, it's a civic week,

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it's nothing of any substance.

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Cardinal Conway, actually,

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accuses O'Neill of raising Catholic expectations and then dashing them.

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And that seems to be the green light

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for the emergence of a movement on the streets.

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Gentlemen, please! God, save us all!

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Do you think that the recent riots could have been avoided

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if you'd done more to deal with the grievances of Catholics?

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I didn't have any particular

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grievances put to me.

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It's only recently that those have

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been stirred up...chiefly

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by...I suppose, you are aware that the composition of those riots

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was not entirely those people who are suffering from civil grievances.

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It was composed of the Irish Republican Army - admittedly by them -

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and by communists.

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Can you think of things which could have been done to ease

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Catholic discrimination?

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Yes, it could have been done but been politically very difficult

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because of the antipathy of their own Catholics.

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And the fact that they were backing the Irish Republican Army,

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who are out to defeat Northern Ireland and to shoot our people.

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Five, four, three...

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I am speaking to you, tonight,

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as your Prime Minister for the last time.

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You have O'Neill's famous speech,

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a month after he lost office in 1969, when he's rationalising

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his policy of good feeling towards the Nationalist population.

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He said, you know, you can't make extreme Unionists understand that if

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you give a Catholic a house, erm, and treat them well,

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they will live like Protestants.

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Unlike the Catholic in a terrible hovel, who will have 18 children,

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they will see their Protestant neighbours with televisions and cars

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and they will ape their habits.

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He seems to be explaining...

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It's almost racist, obviously, it's condescending.

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It's easy to be hard on O'Neill but we have to remember,

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this was the first time a Unionist Prime Minister tacitly

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admitted that Catholics were being treated unfairly

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in Northern Ireland, and he did it a mere 45 years before Ian Paisley.

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But, by 1969, we were far beyond arguments about fairness and justice.

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The discrimination issue fed the belief among Nationalists

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that Northern Ireland was an irreformable, sectarian state.

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Part of the source of the conflict was the fact

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that the Nationalist/Catholic community

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WERE discriminated against, could see no other way out of it.

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The irony was, of course, that within months

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of the start of the Troubles, most of the demands

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of the civil rights movement had been met.

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But there was one elephant still sitting in the room,

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discrimination in employment.

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In September 1971, I applied for a job as a librarian

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and in the course of the interview

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they asked me what school I had gone to.

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I said, I went to St Peter's Secondary School,

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in Brittons Parade.

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And one of them turns around and says,

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"Oh, is that where Joe Cahill gave his press conference?"

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A few weeks after introduction of internment,

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the school had been empty for the summer holidays and, yes,

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Joe Cahill had given an IRA interview at the school.

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So, they told me, "Well, you'll be hearing from us."

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And it's now 2014 and I still don't know whether I got the job.

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Amid the escalating violence, the Stormont Government was

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abolished in 1972 and replaced by direct-rule Westminster.

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MUSIC: "Changes" by David Bowie

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# Turn and face the strange changes! #

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..in our endeavour to provide just government in Ulster

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have been betrayed from London.

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Discrimination in employment was now a problem for the Government in London.

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Everyone knows that there has been a strong Protestant

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tradition in Harland and Wolff over the years.

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The management have made it perfectly clear,

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and so have I, that we are seeking a balanced workforce in the future.

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That is what we are going to do

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and everybody's going to work to that end.

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But it took another four years.

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In 1976, the Government passed the Fair Employment Act

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and set up the Fair Employment Agency.

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For the first time, it was unlawful to discriminate in employment.

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So, that was that sorted!

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Well, not quite.

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# I believe in miracles! #

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The agency had a tiny staff, the law was weak and ineffective.

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Employers had little to fear from a body with so few powers.

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If you felt you'd been discriminated against,

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the Fair Employment Agency could investigate your complaint,

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but the whole thing was conducted in private.

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The 1976 act was complete rubbish.

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It was so that, when someone questioned the British,

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the British could say, "Look, we're completely opposed to discrimination.

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"In fact, we have a law which is outlawing discrimination."

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But it just made it illegal to discriminate.

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You couldn't prove it.

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Of course, there's a place

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in the firm for you.

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After all, you were recommended

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by one of our own people.

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Mind you, we were looking for someone with more experience

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but you should fit in very nicely.

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In Northern Ireland, some people get jobs

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because who they know not what they know.

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Or because they're one religion, not the other.

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Give ability a fair chance, pick the best person for the job.

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The agency had very little compliance powers.

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So, there was a good deal of hearts and minds work that was being done.

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And really, that was my role.

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If I remember right, you advertised that job.

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Suppose he was the best you could get.

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That's just it, he wasn't.

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There was a better person that applied for the job,

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but I didn't think he'd fit in...if you see what I mean.

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No, I don't see what you mean.

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He dug with the wrong foot.

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The wrong sort!

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Not one of us!

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Wrong religion - do I have to spell it out?

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I'll tell you something, you WILL have to spell it, Arthur.

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How can your business afford cock-ups like that?

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How can anyone's business afford not to employ the best person?

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Don't rub it in.

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I've already learned the hard way.

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When the Government set up the Fair Employment Agency,

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they needed someone to lead it,

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to lead the campaign to end discrimination against Catholics.

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So, they chose a Protestant Unionist.

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I would accept that there are problems for Protestants,

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in particular areas of employment.

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The biggest problem and the reason the agency was set up was

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because of the problems for Catholics

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and I think that still remains at the present time.

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Though, I hope it is a diminishing problem.

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The fact that Bob had been so heavily involved in politics and was

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quite high profile and certainly had been heavily

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involved in the process of fair employment right from the beginning

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was a huge asset, in my view.

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He was very political.

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He had initially joined the Ulster Unionists Party

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and then was important in established in the Alliance Party.

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What significance would you attach to this bombing?

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It's certainly inconvenient, a couple of days before the election.

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I think it's an attempt by some men of violence

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to get at a political party,

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which is working for peace and reconciliation.

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I think, the interesting thing is that we wouldn't have a clue

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which side is doing it because both sides have reason to dislike us.

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Both sides are opposed to what we are trying to achieve.

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In the power-sharing executive he had been

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the Minister for Manpower, and he had seen, of course,

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first-hand the impact of the Ulster Workers' Strike,

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which brought down that Government.

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So, for him, he knew that there would be no society

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if it wasn't an equal society.

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Republicans thought he was just a Brit lackey.

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Unionists said he led the Fenian Employment Commission.

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It seems to me that the attitude within Unionists circles,

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they don't think of it as a Fair Employment Agency,

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and I'm sorry to use this word,

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they see it as a Catholic Employment Agency.

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We never worked on the basis that employers all over

0:17:460:17:49

Northern Ireland were waking up, and their first waking thought was,

0:17:490:17:52

"How can I keep X or Y out of my workforce?"

0:17:520:17:55

The Sirocco Engineering Works in East Belfast extends

0:17:550:17:58

into Short Strand, yet the workforce has traditionally been Protestant.

0:17:580:18:02

At the present moment in time, I think

0:18:020:18:04

we have about two or three people from the Short Strand area.

0:18:040:18:07

Have you tried to encourage Roman Catholics to come and work here?

0:18:070:18:10

No, the company has made no attempt in this direction.

0:18:100:18:13

We have found many companies in Northern Ireland,

0:18:130:18:16

many companies in Belfast,

0:18:160:18:18

which simply employ almost 100% Protestants.

0:18:180:18:22

We've other companies in an area like Derry,

0:18:220:18:24

where it is the other way around.

0:18:240:18:26

I would like to see the Fair Employment Agency

0:18:260:18:30

disbanded forthwith.

0:18:300:18:32

Being shown around East Belfast by one of the local community

0:18:320:18:37

representatives, as it were, and they came past a pub...

0:18:370:18:41

..and the guy said to the American, "See the guys in there,

0:18:420:18:47

"If they had a choice of getting their hands on Gerry Adams

0:18:470:18:51

"or on bog paper, they'd go for bog paper every time."

0:18:510:18:54

I get threats. Many people get threats.

0:18:540:18:57

I have as many threats, probably, as most people in Northern Ireland.

0:18:570:19:02

And the establishment didn't like that the agency had the power to

0:19:020:19:05

investigate all employers, even the upper echelons of the civil service.

0:19:050:19:10

Did Minister of State Hugh Rossi

0:19:100:19:12

ask you not to do the civil service report?

0:19:120:19:14

I told him, it was our intention to do a report

0:19:140:19:17

on the civil service, and investigation on the civil service

0:19:170:19:20

and he suggested that he would really rather we didn't

0:19:200:19:23

because he felt that things were improving quite a lot.

0:19:230:19:26

We did not accede to his desire that we shouldn't investigate

0:19:260:19:29

the civil service.

0:19:290:19:30

Three years ago,

0:19:300:19:31

the Government set up a Fair Employment Agency

0:19:310:19:33

for Northern Ireland, to make sure that Catholics and

0:19:330:19:36

Protestants have equal chances at work.

0:19:360:19:38

We can reveal that is not happening.

0:19:380:19:40

If they're Catholic, they're more than twice as likely to be

0:19:400:19:43

unemployed as their Protestant counterparts.

0:19:430:19:46

If a company has always had a 95% Protestant workforce,

0:19:460:19:49

then it's likely it always will.

0:19:490:19:52

Partly because many boys will only hear of job vacancies

0:19:520:19:55

through their family or friends in their own area.

0:19:550:19:58

Hopefully get into Gallaher's.

0:19:580:20:00

And how will you do that?

0:20:000:20:02

My father got me a form out of it,

0:20:020:20:04

cos he works on it, and filled it in and sent it in.

0:20:040:20:07

-How have you gone about trying to get a job?

-My uncles are trying to get me into it.

0:20:070:20:10

He got an internship for it and I asked him, could he get me one, he said OK and he got it.

0:20:100:20:14

Even though Protestants had work in the shipyard and apprenticeships

0:20:140:20:18

and other industries in East Belfast,

0:20:180:20:20

it masked a much greater problem, in terms of educational disadvantage

0:20:200:20:24

because they were leaving school at an early age, barely capable

0:20:240:20:28

to read or write, but they were getting jobs in the shipyard.

0:20:280:20:32

But in Catholic West Belfast, it's not so easy,

0:20:320:20:34

and for many of the children and families, there remains a real fear

0:20:340:20:37

of working in traditionally Protestant industries.

0:20:370:20:40

What happened when you took the boys to the shipyard?

0:20:400:20:42

Well, I took them down and we went around

0:20:420:20:45

and the people were... they were very good and helped us.

0:20:450:20:48

But once the boys saw the bunting and the flags,

0:20:480:20:52

they were completely put off.

0:20:520:20:54

When they came out and got into the minibus,

0:20:540:20:56

the first thing they did was tear up the literature.

0:20:560:21:00

The big employers in Northern Ireland simply weren't co-operating

0:21:000:21:03

with the Fair Employment Agency.

0:21:030:21:05

When we wrote and asked for basic information,

0:21:050:21:07

not a question about making

0:21:070:21:09

judgment - basic information.

0:21:090:21:10

They said no and consistently

0:21:100:21:12

went on saying no, till they

0:21:120:21:13

were threatened with subpoena.

0:21:130:21:15

Then, they came across with information,

0:21:150:21:17

which wasn't the specific information that we asked for.

0:21:170:21:20

Why did it take four years before Shorts agreed

0:21:200:21:23

to an affirmative action programme?

0:21:230:21:25

Why did it take that length of time?

0:21:250:21:27

Well, I think that's something you should ask the company.

0:21:270:21:30

In the '70s and '80s there was a push for anti-discrimination law

0:21:300:21:34

from academics, from Nationalists

0:21:340:21:36

and from the FEA itself.

0:21:360:21:38

But what really broke the log-jam was pressure from America.

0:21:380:21:42

# But I'm sailing across the sea

0:21:420:21:47

# To see my Uncle Sam...#

0:21:470:21:50

The campaign across the US to get every state to accept

0:21:500:21:53

the MacBride Principles has hit town.

0:21:530:21:55

The dealings of American businessmen in Northern Ireland -

0:21:550:21:58

how many Catholics, how many Protestants they may employ -

0:21:580:22:02

has become everyone's business.

0:22:020:22:04

We have a right to tell American firms that they cannot

0:22:040:22:07

join in an apparatus of discrimination.

0:22:070:22:11

They were named after Sean MacBride.

0:22:110:22:14

In 1984, MacBride proposed that US companies, US pension funds

0:22:140:22:18

and the US government itself should refuse to invest in Northern Ireland

0:22:180:22:21

companies, unless they signed up to his MacBride Principles.

0:22:210:22:25

The MacBride Principles is the perfect way

0:22:270:22:30

for Americans of conscience and justice to say, "We don't

0:22:300:22:35

"want our dollars subsidising anti-Catholic discrimination."

0:22:350:22:40

The MacBride Principles were enormously important

0:22:400:22:42

in putting pressure on the British,

0:22:420:22:44

and particularly the MacBride campaign in Congress.

0:22:440:22:48

The MacBride Principles did have a huge impact

0:22:480:22:52

on the psychology of 10 Downing Street and London.

0:22:520:22:56

# Sailing across the sea

0:22:560:22:59

# To see my Uncle Sam. #

0:22:590:23:01

The Government had to fight a rearguard action

0:23:010:23:03

in the US, to prevent American states' pension funds

0:23:030:23:06

and companies from adopting the MacBride Principles.

0:23:060:23:09

What would be tragic

0:23:090:23:12

if people of good intent,

0:23:120:23:15

of the best possible motive but with, unfortunately,

0:23:150:23:19

a misguided approach to this problem were actually to pursue

0:23:190:23:24

policies that may discourage further investment.

0:23:240:23:28

Bob Cooper wanted tougher fair employment laws

0:23:280:23:31

but thought MacBride's threat of disinvestment went too far.

0:23:310:23:35

The people who are going to suffer from the enactment of this

0:23:350:23:39

type of legislation are the people who are my former

0:23:390:23:41

constituents in West Belfast.

0:23:410:23:43

He was acting under pressure from the Government in London,

0:23:430:23:47

from the Republic's Government in Dublin, let alone

0:23:470:23:50

the Nationalists in Northern Ireland, Washington and Brussels.

0:23:500:23:53

In a sense, there is an implication, since they are tied in with

0:23:530:23:56

the South African investment and disinvestment measures,

0:23:560:23:59

there's a sort of implication that it's slightly discreditable

0:23:590:24:02

for an American company to invest in Northern Ireland.

0:24:020:24:05

He came to the conclusion,

0:24:050:24:07

"I can live with the Unionist pressure

0:24:070:24:08

"if I keep the international people happy, and their picture is, employ more Catholics."

0:24:080:24:13

That was the whole regime.

0:24:130:24:15

Faced with the prospect of a massive loss of American investment,

0:24:150:24:18

the Government introduced a new Fair Employment Act.

0:24:180:24:21

Having spent five years campaigning against the misguided

0:24:210:24:24

MacBride Principles, the Government more or less adopted

0:24:240:24:27

most of them in the new Fair Employment Act of 1989.

0:24:270:24:31

I will have very little sympathy indeed for those who seek

0:24:310:24:37

to create problems or who point to difficulties,

0:24:370:24:40

when merely that is an excuse for a latent sectarianism which they

0:24:400:24:44

may be seeking to preserve in whichever area they operate.

0:24:440:24:49

The 1989 Fair Employment Act was the toughest

0:24:490:24:52

piece of anti-discrimination law in Europe, and who introduced it?

0:24:520:24:56

Margaret Thatcher.

0:24:560:24:58

Yes, Margaret Thatcher!

0:24:580:25:00

And does she get a word of thanks in West Belfast?

0:25:000:25:03

Does she... Frankly, no!

0:25:030:25:05

I wouldn't give any nod of thanks to Margaret Thatcher for anything,

0:25:050:25:08

given her very poor reputation.

0:25:080:25:11

I think sometimes the British Government on these things,

0:25:110:25:14

more out of care for their own interests than for anybody else's,

0:25:140:25:19

ie not being accused by the Americans of discriminating

0:25:190:25:21

against Catholics.

0:25:210:25:23

People in Northern Ireland want

0:25:230:25:26

to know that they are living

0:25:260:25:29

in a fair and just society.

0:25:290:25:31

In which the laws are fair, in which

0:25:310:25:34

there is equality of opportunity.

0:25:340:25:38

The old FEA went.

0:25:380:25:39

There was a new Fair Employment Commission, or FEC,

0:25:390:25:42

and they had a far larger staff.

0:25:420:25:44

They could initiate investigations against employers and stop employers

0:25:440:25:48

getting Government contracts if they didn't like what they saw.

0:25:480:25:51

The 1989 Act required employers to monitor their workers.

0:25:510:25:55

For the first time, they had to reveal the numbers of Catholics

0:25:550:25:58

and Protestants they employed.

0:25:580:25:59

I'll have to start asking questions that I've never asked in my life.

0:26:000:26:05

I have never felt it important to ask anybody's religion

0:26:050:26:10

when I'm going to employ them as a sheet metal worker.

0:26:100:26:12

There were those who said,

0:26:120:26:14

if you start doing a kind of head count, a sectarian head count

0:26:140:26:18

within the workforce, it will put worker against worker.

0:26:180:26:21

You're talking about enforced monitoring.

0:26:210:26:24

People being brought into the position of enforced

0:26:240:26:27

sectarianism in the workforce.

0:26:270:26:29

That is what it's going to be.

0:26:290:26:31

People are going to be recruited on the basis

0:26:310:26:33

of the fact that they are a minority Catholic or a minority Protestant.

0:26:330:26:37

Staff from the FEC would have to go in with a pile of personnel forms

0:26:370:26:40

and go through them.

0:26:400:26:41

Where people had identified themselves as undetermined,

0:26:410:26:44

you would do it by name, you would do it by school,

0:26:440:26:47

and doing it that way helped explain why there wasn't quite

0:26:470:26:51

the number of Shi'ite Muslims in Ballylumford power station

0:26:510:26:54

as first came through on the returns.

0:26:540:26:58

Some companies reported that they had a very low,

0:26:580:27:01

and I mean a VERY low number of persons of one religion.

0:27:010:27:05

We immediately began work with those companies to establish

0:27:050:27:09

why and what were the reasons, and what would bring about change?

0:27:090:27:12

For the first time, individuals could take

0:27:120:27:14

complaints of discrimination to a public tribunal.

0:27:140:27:18

And this is where I come in.

0:27:180:27:20

The FEC's job was to eliminate discrimination

0:27:200:27:22

and to enforce tough new laws, so they employed a comedian.

0:27:220:27:27

PHONE RINGS

0:27:270:27:28

Hello.

0:27:280:27:29

New complaint, OK, thank you.

0:27:300:27:33

Yes, they gave me a job

0:27:330:27:34

and then they decided that one comedian wasn't enough.

0:27:340:27:37

So, they also employed Michael McDowell,

0:27:370:27:40

better known as Billy, the peeler from Give My Head Peace.

0:27:400:27:43

We were employed as complaints officers

0:27:430:27:45

and our job was to help individuals who had

0:27:450:27:47

complaints of discrimination to take their case to tribunal.

0:27:470:27:51

For me, it was about how people were treated in the workplace,

0:27:510:27:55

so you know, I just thought it was wrong that somebody should be

0:27:550:27:58

subjected to sectarian harassment.

0:27:580:28:00

I thought it was wrong that somebody didn't get a job

0:28:000:28:03

because of their perceived religion.

0:28:030:28:05

We all know about the compensation culture, you know the kind of thing.

0:28:050:28:09

People suing the X Factor because they got Louis Walsh as a mentor.

0:28:090:28:12

Well, there were real fears that

0:28:120:28:14

when the Fair Employment Act was introduced,

0:28:140:28:16

that would attract these no-hopers, these time-wasters,

0:28:160:28:19

these people who think taking a case of discrimination

0:28:190:28:21

was like winning the lottery.

0:28:210:28:23

The reality, however, was a lot different.

0:28:230:28:26

To say, I have worked somewhere or I have attempted to work

0:28:260:28:29

somewhere and the reason I've not got the job there or the reason

0:28:290:28:32

I'm dissatisfied with what has happened is because I have

0:28:320:28:35

suffered discrimination on grounds of my religion or my political belief.

0:28:350:28:38

It's just as sensitive as you can get in Northern Ireland.

0:28:380:28:42

The case involved a security firm and a young girl who had

0:28:420:28:46

suffered pretty systemic harassment throughout her employment.

0:28:460:28:50

She'd actually put up with, maybe,

0:28:500:28:52

three or four years of this behaviour.

0:28:520:28:54

One particular incident that she'd complained about was

0:28:540:28:57

when the Corporals were murdered, they had left all

0:28:570:28:59

the pictures of the Corporals being murdered on her desk.

0:28:590:29:02

She'd been out to lunch and these were all lying, opened, on her

0:29:020:29:05

desk because she was effectively the only Catholic working in that place.

0:29:050:29:09

LOUD EXPLOSION

0:29:090:29:11

Times were very different back then.

0:29:130:29:15

In the early 1990s, the IRA

0:29:150:29:17

and Loyalist campaigns were in full flight.

0:29:170:29:19

This was the era of proxy bombs, of random shootings,

0:29:190:29:22

and of mortars fired at Downing Street.

0:29:220:29:25

And workers don't live in a bubble.

0:29:250:29:27

What was happening out on the streets

0:29:270:29:29

often crept into the workplace.

0:29:290:29:31

Belfast's Shankill Road, this morning.

0:29:310:29:33

One of the areas which the UFF, in their statement yesterday,

0:29:330:29:36

said Catholics shouldn't go to work in,

0:29:360:29:39

but major firms contacted today said they had no signs

0:29:390:29:42

that their Catholic employees had refused to come in.

0:29:420:29:45

Here, there were many people going to work,

0:29:450:29:48

not for very large salaries, mind you,

0:29:480:29:51

and they were risking life and limb,

0:29:510:29:54

while they were going to, coming from work.

0:29:540:29:57

And they were heading toward a workplace where the atmosphere

0:29:570:30:03

was anything but friendly.

0:30:030:30:05

You know, in many ways they were the real heroes

0:30:050:30:10

of the Fair Employment world.

0:30:100:30:13

While making this programme, we contacted a number of people

0:30:130:30:16

who had taken and won cases of religious discrimination.

0:30:160:30:19

But almost without exception,

0:30:190:30:21

they declined the offer to talk about their experience on camera.

0:30:210:30:25

Even 20 years on,

0:30:250:30:27

issues of discrimination remain controversial and sensitive.

0:30:270:30:31

It was a major decision to take.

0:30:310:30:33

If you recall at that time, in the early '90s,

0:30:330:30:36

in terms of the general environment, it was mayhem here.

0:30:360:30:39

It was the middle of the conflict.

0:30:390:30:41

Also, I had a very young family then.

0:30:410:30:45

My two daughter were aged two and four.

0:30:450:30:47

I was working full-time and studying part-time for a degree

0:30:470:30:50

and had lost my mother to cancer the year before.

0:30:500:30:52

All personal stuff as well.

0:30:520:30:54

It makes it difficult because you're entering

0:30:540:30:56

into these things, you don't take it lightly.

0:30:560:30:58

What it said was that tribunals should be structured in a way

0:30:580:31:01

that a person could walk in off the street

0:31:010:31:03

and be able to represent themselves.

0:31:030:31:05

I didn't find that experience at all.

0:31:050:31:08

They tended to be very heavy with lawyers,

0:31:080:31:10

employed by both sides in those... certainly in those initial cases.

0:31:100:31:13

It was conducted very much as, I would imagine,

0:31:130:31:16

a major criminal case would be conducted.

0:31:160:31:19

A shudder went through employers.

0:31:190:31:22

Suddenly, a failure to take the new legislation seriously could

0:31:220:31:25

cost a company an awful lot of money, as well as their reputation.

0:31:250:31:29

A headline along the lines of "£25,000 paid for case

0:31:290:31:33

"of unlawful discrimination", you know, focuses attention.

0:31:330:31:37

We had cameramen from early morning

0:31:370:31:39

if there was any particular case of interest on.

0:31:390:31:42

So, that was an additional hurdle that applicants had to encounter.

0:31:420:31:47

People were able to read in the papers,

0:31:470:31:48

what this particular firm had got up to or what it's employees had

0:31:480:31:51

got up to, and that had a terrible impact and, you know,

0:31:510:31:54

I don't know what effect that had on their suppliers,

0:31:540:31:56

the people they were working for.

0:31:560:31:57

There must have been questions asked, and that was a wake-up call

0:31:570:32:00

to a lot of employers that this couldn't go on.

0:32:000:32:02

Many cases actually settled before they reached the tribunal.

0:32:020:32:05

Many employers said they only settled, even though

0:32:050:32:08

they hadn't discriminated, because they were afraid of losing

0:32:080:32:11

or because of the cost of defending themselves.

0:32:110:32:14

Whereas the FEC thought many employers only settled

0:32:140:32:16

because they knew their case was hopeless.

0:32:160:32:19

You'd ask, "Why do you feel you've been discriminated against?"

0:32:190:32:22

And they'd say, "Well, they make me go for the tea

0:32:220:32:24

"or I have to get the sandwiches or I do more photocopying than anybody else."

0:32:240:32:27

We had a case like that, and it wasn't really going terribly well.

0:32:270:32:30

It was the third day in, he said,

0:32:300:32:32

"I don't know if this is relevant

0:32:320:32:34

"but I was given this on my birthday."

0:32:340:32:36

And he produced this medallion,

0:32:360:32:38

which had a ribbon in the colours of the Irish tricolour,

0:32:380:32:42

but written on the medallion was, "Fenian-cy of the year award."

0:32:420:32:47

HE LAUGHS

0:32:470:32:48

So, this had been given by his employers, and that

0:32:500:32:53

kind of changed the dynamics of the case.

0:32:530:32:55

So, we brought it around to the other side,

0:32:550:32:57

and as soon as they saw this thing, they settled immediately.

0:32:570:33:00

In landmark cases, the list of employers who were either

0:33:000:33:04

found guilty of discrimination or who admitted to it included

0:33:040:33:07

local and district councils, major retailers, manufacturers,

0:33:070:33:11

car companies, security firms, health boards.

0:33:110:33:14

The Government had introduced the legislation

0:33:140:33:16

but even Government departments were being sued.

0:33:160:33:19

And, crucially,

0:33:190:33:20

the commission didn't just take cases alleging Protestant bias,

0:33:200:33:23

but they also took and won

0:33:230:33:25

a number of cases against mainly Catholic employers,

0:33:250:33:28

proving that discrimination in Northern Ireland affected

0:33:280:33:31

both communities.

0:33:310:33:32

There were, clearly,

0:33:320:33:34

workplaces which had a very low proportion of Protestants

0:33:340:33:36

and the agency and commission worked as fervently with those companies as

0:33:360:33:39

they did with companies that had an under-representation of Catholics.

0:33:390:33:43

The decisions of the tribunal carried a lot of weight

0:33:430:33:45

and it made a lot of employers wake up and take notice and say,

0:33:450:33:47

"Look, we don't really need

0:33:470:33:49

"A - the publicity that surrounds a case.

0:33:490:33:51

"B - a decision from a court saying that we're discriminators

0:33:510:33:55

"And, thirdly, the amount of money we have to pay out for this."

0:33:550:33:58

So, I think that was absolutely critical in turning around

0:33:580:34:01

the equality agenda in Northern Ireland.

0:34:010:34:03

Bigger firms and public-sector employers quickly got

0:34:030:34:07

the message and it soon filtered down to smaller companies.

0:34:070:34:11

The old ways of a nod, a wink and getting a job

0:34:110:34:14

because of which foot you kicked with were on their way out.

0:34:140:34:17

And a number of cases were also taken to ensure

0:34:170:34:20

the removal of flags, emblems and bunting from the workplace.

0:34:200:34:23

Gone were the days of the mini-Twelfth

0:34:230:34:25

around the factory floor.

0:34:250:34:27

One of the shop stewards said,

0:34:280:34:30

"Right, are you telling us that

0:34:300:34:32

"if someone puts a flag on the end of a jib of a crane, that

0:34:320:34:37

"Bob Cooper would come and take it down?" And I said, "Yes, he would.

0:34:370:34:40

"Next question, please?"

0:34:400:34:41

The Fair Employment Act of 1989 worked.

0:34:410:34:45

Workplaces were more neutral, more integrated.

0:34:450:34:47

The religious breakdown of the workforce, more or less,

0:34:470:34:50

reflects the population of Northern Ireland.

0:34:500:34:53

The Act changed Northern Ireland's society dramatically

0:34:530:34:56

and effectively removed religious discrimination

0:34:560:34:59

as a huge political issue.

0:34:590:35:00

Well, until recently.

0:35:000:35:02

SHE SCREAMS: No surrender!

0:35:020:35:05

MUSIC: "I Predict A Riot" by Kaiser Chiefs

0:35:050:35:06

# Watching the people get lairy

0:35:060:35:08

# It's not very pretty, I tell thee

0:35:080:35:11

# Walking through town is quite scary

0:35:110:35:14

# Not very sensible either...#

0:35:140:35:16

The removal of the Union flag from the City Hall,

0:35:160:35:19

except on designated days,

0:35:190:35:21

is a direct result of equality legislation.

0:35:210:35:23

So, before we go patting ourselves on the back,

0:35:250:35:28

perhaps it's time to ask, have things gone too far?

0:35:280:35:32

# I predict a riot

0:35:320:35:34

# I predict a riot! #

0:35:340:35:36

I refer to it as the swinging of the pendulum.

0:35:360:35:39

I think now, the most disadvantaged thing to be

0:35:390:35:42

in Northern Ireland is a Protestant male.

0:35:420:35:46

We had the case of the police service in Northern Ireland,

0:35:460:35:50

for ten years, where we had this 50/50 rule,

0:35:500:35:52

which was a specific religious bar on recruiting

0:35:520:35:56

numbers of Protestants because too many Protestants applied,

0:35:560:35:59

and therefore numbers were excluded specifically on their religion.

0:35:590:36:02

Now, within the civil service,

0:36:020:36:04

if you are a Catholic applicant,

0:36:040:36:08

probably a female applicant,

0:36:080:36:11

your chances of promotion through the ranks seems to be enhanced.

0:36:110:36:17

It is certainly true to say that the Fair Employment Act has not

0:36:170:36:20

been the answer to all our problems.

0:36:200:36:22

What they should be targeting is the "haves" and the "have-nots",

0:36:220:36:26

whether they be Catholic, Protestant or of no religion.

0:36:260:36:31

The big difference and problems in Northern Ireland

0:36:310:36:33

are between those who have and those who have not,

0:36:330:36:36

and we know what that means.

0:36:360:36:38

We're still very segregated, erm, along religious lines.

0:36:380:36:41

We still live in our ghettos.

0:36:410:36:44

We still live in areas where people don't know each other

0:36:440:36:46

and have no notion of getting to know each other.

0:36:460:36:49

So, there's still a lot of work to be done,

0:36:490:36:51

in terms of building peace and breaking down those barriers

0:36:510:36:54

because that's where discrimination and prejudice come from,

0:36:540:36:57

not knowing one another.

0:36:570:36:58

It may well be in the future, in places like Newry and Derry

0:36:580:37:02

and so on, that the Fair Employment legislation will be to the

0:37:020:37:06

Unionists' or Protestants' advantage.

0:37:060:37:09

So, did the Fair Employment Act really make Northern Ireland

0:37:090:37:12

a better place?

0:37:120:37:13

We still have a way to go, but are we on the right track? Absolutely.

0:37:130:37:18

Did the Fair Employment Act contribute to that? Absolutely.

0:37:180:37:21

Do you sometimes wish you'd got that job as a car mechanic?

0:37:210:37:24

Well, you talked about "here we are now", well, LOOK where we are now.

0:37:240:37:27

-Sitting here in Stormont.

-If you had that job as a car mechanic,

0:37:270:37:30

you wouldn't have ended up here.

0:37:300:37:32

Yeah, well, I think that, you know, it's all very, very interesting

0:37:320:37:36

but it's all very serious.

0:37:360:37:38

When I look around now and see the change...

0:37:380:37:40

I mean, you don't hear very often

0:37:400:37:43

of cases of religious discrimination any more.

0:37:430:37:46

And I hope that's because the system is better,

0:37:460:37:49

employers try harder and workers feel they are covered and protected.

0:37:490:37:54

I think peace, in this country,

0:37:560:37:58

could not have been achieved without the work

0:37:580:38:00

of the Fair Employment Commission, creating equality in the workplace.

0:38:000:38:05

It was a serious running sore for Northern Ireland.

0:38:050:38:08

Whatever it is that divides us today,

0:38:080:38:10

it's rarely said to be sectarianism in employment.

0:38:100:38:13

Religious discrimination no longer forces people to march or protest.

0:38:130:38:17

Of course, the act has now been extended to include

0:38:170:38:20

sex and race and disability, and even age.

0:38:200:38:23

That's why you have to fill in all those stupid forms.

0:38:230:38:25

On the plus side, however, if you have recently got a job

0:38:250:38:29

it's probably because you were the best candidate for it.

0:38:290:38:32

So, well done!

0:38:320:38:34

And give a little nod of thanks to the Fair Employment Act of 1989.

0:38:340:38:39

MUSIC: "Sweetest Feeling" by Jackie Wilson

0:38:390:38:42

# Sweetest feeling

0:38:420:38:44

# Baby, the sweetest

0:38:440:38:45

# Sweetest feeling

0:38:450:38:48

# Honey, the sweetest

0:38:480:38:49

# Sweetest feeling

0:38:490:38:51

# Loving you! #

0:38:510:38:55

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