15/09/2011

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:00:29. > :00:34.Hello. Welcome to the new season of Hearts and Minds. On the programme

:00:34. > :00:39.this evening: It all ended in tears for Margaret Ritchie, but will the

:00:39. > :00:42.new leader bring the SDLP better fortune? The return of the

:00:42. > :00:48.supergrass, but is justice itself on trial?

:00:48. > :00:53.And, guess who's on line for the top Civil Service job? Insiders

:00:53. > :00:58.only, please! Well the public think it's a stitch-up. That's what

:00:58. > :01:02.happens. So, by tomorrow, we'll know the names of the hopefuls

:01:02. > :01:09.putting their names forward for the leadership of the SDLP. The job

:01:09. > :01:13.many would see above the management of terminal decline. I am joined by

:01:13. > :01:19.Seamus Mallon. Mr Mallon, welcome to Hearts and Minds. Where did it

:01:19. > :01:25.all go wrong? Well, let's see where it went right. Let's start where it

:01:25. > :01:31.went right and look at the contribution of the SDLP for 20-odd

:01:31. > :01:35.years. At a time when there was no forum, no advantages, violence

:01:35. > :01:42.around us, we kept the belief in the political process alive. That

:01:42. > :01:47.was then, this is now. Yes, but I want to put it in that context. Now

:01:47. > :01:51.we have fell upon hard times, let me give you some reasons. Some of

:01:51. > :01:56.the reasons in which two sovereign Governments actually ditched the

:01:56. > :02:02.SDLP and the Ulster Unionist Party, so they could get the type of

:02:02. > :02:06.involvement of the DUP and Sinn Fein that they've got. That may be

:02:06. > :02:12.the way politics works. There are other reasons as well, not least

:02:12. > :02:20.the fact that we were referred to as selfish. Indeed when we took our

:02:20. > :02:23.political opposition by the hand give them the status they required,

:02:23. > :02:28.it's no surprise that they then started to outstrip us in the polls.

:02:28. > :02:32.Were you naive? I think I would say that we were thinking of the

:02:32. > :02:37.community before we were thinking of the party. So, in that sense....

:02:37. > :02:41.From now, and this is where we start. From now we think of the

:02:41. > :02:47.party. We have given our contribution to the community. We

:02:47. > :02:50.will deal with it in such a way that we will be demanding of the

:02:50. > :02:54.new leader the type of professionalism in terms of what we

:02:54. > :02:58.could do. Let's separate that over which we have no control, and there

:02:58. > :03:03.are things over which we have no control. From those things that we

:03:03. > :03:08.have control over, like membership, like organisation, like the quality

:03:08. > :03:14.of our representatives as MLAs and as district councillors. Like the

:03:14. > :03:19.way in which I, as an ordinary party member, portray the SDLP and

:03:19. > :03:24.the image of it. Now that.... that not the point - you've left it

:03:24. > :03:32.too late? No, I don't think so. This is one of the myths. It will

:03:32. > :03:35.be a long, hard way back. Let's build on it incrementally. Let's do

:03:35. > :03:40.it in such a way that everybody outside will know there is a new

:03:40. > :03:45.leader, that there is a policy and philosophy and position people can

:03:45. > :03:50.identify with, that the SDLP takes itself seriously. We can't expect

:03:50. > :03:55.other people to do it. Do you accept responsibility - you have

:03:55. > :03:59.criticised organisation and the way the party appears. Is it not the

:03:59. > :04:03.fact if you were concentrating on the wider good of the community you

:04:03. > :04:09.and Jon Hune did not prepare the way for a new generation to take

:04:09. > :04:12.over from you? There's some truth in that. Yes, at that period of

:04:12. > :04:16.time, with negotiations w the way in which we were trying to get a

:04:16. > :04:23.resolution of the problems, and think of the resolution of the

:04:23. > :04:28.problems, the way in which a new political structure was founded,

:04:28. > :04:35.north/south bodies were founded, east/west bodies. All those things

:04:35. > :04:39.were done in the worst of circumstances. Yes ve -- yes, there

:04:39. > :04:42.is a truth that you say that we did not give the time that we should

:04:43. > :04:49.have given to our more selfish needs. That will change. Now, when

:04:49. > :04:53.you start to weigh-in, and when I start to weigh what was right and

:04:53. > :04:57.what was wrong, it was absolutely right to ensure that the community

:04:57. > :05:01.did not live in fear. It was absolutely right that we had

:05:02. > :05:08.a police service that we could all identify with. It was absolutely

:05:08. > :05:15.right that we had a fair system of administration. But it is also

:05:15. > :05:20.right that the SDLP now looks after itself. Why do we need an SDLP now?

:05:20. > :05:24.We have these things. The things which distinguished you from Sinn

:05:24. > :05:31.Fein was your opposition to violence. Now everybody is opposed

:05:31. > :05:36.to violence. What is the role for the SDLP? Leave other parties aside.

:05:36. > :05:41.Let's say what I see our party as - a party of integrity, a party

:05:41. > :05:46.that's not going to have one set of policies in the Republic of Ireland

:05:46. > :05:51.and a different set of policies.... You said leave other parties out of

:05:51. > :05:55.it. I did not mention any party. all know what you're talking about.

:05:55. > :06:04.There are other parties in the south of Ireland as well. The

:06:04. > :06:11.ability to think our way into the future. Do you know, our perimeters

:06:11. > :06:16.didn't end on that date of good Friday, when the astkpwreement was

:06:16. > :06:19.-- agreement was signed. That is not the end of our political

:06:19. > :06:24.aspirations. I pose this question to yourself and to everybody else -

:06:24. > :06:30.does anybody imagine that the type of politics we have now will be

:06:30. > :06:35.with us in say 20 years time? Will the same type of people

:06:35. > :06:42.representing the same parties be switching, moving the deckchairs

:06:42. > :06:48.around on the deck of the Titanic to see how they will spend the �1

:06:48. > :06:53.billion. Will you put the SDLP into formal opposition? No. For this

:06:53. > :06:58.reason, A, we negotiated very hard on a non-inclusive basis and that

:06:58. > :07:05.includes us as well. Right, we are low down, on the lower rung of the

:07:05. > :07:11.ladder at the moment. OK, we have one minister. What is our aim? We

:07:11. > :07:16.go to two-three. We get to two- three, we aim for four-five. We

:07:16. > :07:21.don't let any of these things get in the way. Do people say you are a

:07:21. > :07:25.hopeful optimist? I am not an optimist, I am very much a realist.

:07:25. > :07:29.I do know within this community, and I am talking about the

:07:29. > :07:34.nationalist community and the unionist community there is a very,

:07:34. > :07:40.very big need for parties of integrity, parties who will have

:07:40. > :07:43.the vision for the future and parties who will not spend their

:07:43. > :07:46.political lives word-healing and looking after their own prospects.

:07:46. > :07:52.Thank you. There's been speculation about who will be slugging it out

:07:52. > :07:59.for the SDLP crown. My next guest will talk us through the names and

:07:59. > :08:06.give us the SP. You are both very welcome. Steve,

:08:06. > :08:11.it would be fair to say there's one certainty on this list and that's

:08:11. > :08:16.Patsy McGlone. H se probably the favourite. -- he is probably the

:08:16. > :08:21.favourite. He can put his head above the parapet. He argued change

:08:21. > :08:26.was needed and was prepared to take the risk. There was a possibility

:08:26. > :08:30.he had gone too soon and may only serve the purpose as acting for

:08:30. > :08:34.somebody else to come through. There is a growing feeling now that

:08:34. > :08:39.he's in a prime position. His critics are starting to chip away

:08:40. > :08:43.at the rational as to why he should be leader. One point which has been

:08:43. > :08:47.raised privately and will probably come up in the debates and become

:08:47. > :08:52.public, is they look across to the Ulster Unionist Party. They see

:08:52. > :08:58.that a rural MLA, perhaps not all that well known, I would say his

:08:58. > :09:01.constituency is elected leader of the unionist party, there are a few

:09:02. > :09:06.rumbling about his candidacy. His answer is he is a politician of

:09:06. > :09:09.some standing, of decades and he can argue against that. What we are

:09:09. > :09:17.yet to hear is a detailed explanation of what his big idea

:09:17. > :09:21.for the party is. That brings us to Alasdair McDonnell - what's the

:09:21. > :09:24.situation there? He's not giving his game away? The latest is

:09:24. > :09:28.Alasdair McDonnell has called a press conference for tomorrow

:09:28. > :09:32.morning, which has fuelled the speculation that Alasdair McDonnell

:09:32. > :09:37.will enter this race. I am on record as saying some in the party

:09:37. > :09:41.think that Alasdair McDonnell would need a silver steak through his

:09:41. > :09:46.heart to give up his ambition of being leader. He was narrowly

:09:46. > :09:52.defeated last time by Margaret Ritchie. He is MP and MLA. He did

:09:52. > :10:00.carve out a nearby for himself against the odds. Organisationally

:10:00. > :10:07.he seemed to have skills. Some see him as a bull in a chin that shop.

:10:07. > :10:13.He can be -- in a china shop. He can be quite blunt. He says he has

:10:13. > :10:16.the prescription to, as a doctor, he has the prescription to solve

:10:16. > :10:22.the SDLP's problems. He would be, I think a very serious contender.

:10:22. > :10:29.we come to the Environment Minister, who gave support to Margaret

:10:29. > :10:35.Ritchie. At the moment we realise we'll have four candidates. It

:10:36. > :10:41.seems there'll be sufficient nominations. Now Alex is a

:10:41. > :10:46.politician who within the SDLP has fought a lonely battle in Belfast.

:10:46. > :10:50.He was seen for a period as someone in a precarious position there. To

:10:50. > :10:54.become a minister he has raised his standing. He seems to have

:10:54. > :11:00.performed well. There is also, however, a perception though that

:11:00. > :11:08.on one hand he is seen as something of an intellectual powerhouse

:11:08. > :11:10.within the party, he seemed to be on a par to Mark Derkan. He has had

:11:10. > :11:15.tense encounters with other party members. There is a question

:11:15. > :11:21.whether he would be able to get sufficient support. The counter-

:11:21. > :11:26.argument is he could scope up support from Derry and South

:11:26. > :11:30.Belfast. That has benefited Margaret Ritchie in the past.

:11:30. > :11:36.McDevin who is a new boy. If he were to go he would be swimming in

:11:36. > :11:43.the same water as Derek Atwood. They are from the Labour part of

:11:43. > :11:51.the party. He did serve during the multi-party talks in 1988. He

:11:51. > :11:54.electorally doesn't have a great and he should put his ambition to

:11:54. > :11:59.the side. He was co-opted to Stormont and he was elected for the

:11:59. > :12:05.first time this year. He had a sweat to get elected. Supporters

:12:05. > :12:10.say he's young, he's fresh. He does not have the baggage of some of the

:12:10. > :12:20.other veterans, if you like. it's a four-horse race. Thank you

:12:20. > :12:20.

:12:20. > :12:25.for your expert commentary. It's not really like school,

:12:25. > :12:33.politics chugs on year round, as everyone knows. This summer we had

:12:33. > :12:35.an SDLP leadership tussle. This week's proposals for 16

:12:35. > :12:41.Westminster constituencies, not 18, which in turn would shrink the

:12:41. > :12:45.number of MLAs elected for the same constituencies. Oh, and a possible

:12:46. > :12:49.Sinn Fein candidate for President of Ireland, who says Gerry Adams

:12:49. > :12:52.won't run on the Sinn Fein platform. What?

:12:52. > :12:58.The police ombudsman faced the Assembly's justice committee as

:12:58. > :13:01.they came back from holiday. After three damning reports in his office

:13:01. > :13:06.the most recent omission by himself. He blamed the criticisms, not

:13:06. > :13:10.himself for the weird comment that the criticisms were becoming

:13:10. > :13:16.dysfunctional on their impact on the office. Minister for Justice,

:13:16. > :13:19.David Ford, seems to be willing to them them say, as Al wants to until

:13:20. > :13:22.next summer. That is justice delayed for the troubled victims

:13:22. > :13:26.whose troubled cases he cannot investigate until the office is

:13:26. > :13:30.straightened out and disaster for the post which means every once of

:13:30. > :13:34.credibility to strengthen respect for policing. Margaret Ritchie did

:13:34. > :13:38.what Al won't do and stood down when it became clear division over

:13:38. > :13:42.her leadership wouldn't help the poor old SDLP. Her going didn't

:13:42. > :13:47.completely clear the air. Patsy McGlone and Alasdair

:13:47. > :13:52.McDonnell went on striking posing as possible successors. McGlone up

:13:52. > :13:55.front, McDonnell hanging back, which is not a bit like McDonnell.

:13:55. > :14:00.He has to declare by tomorrow though. In the mean time he's had

:14:00. > :14:05.to face the long-expected proposal that re-jigging constituencies

:14:05. > :14:12.means the chop for his seat. Gregory Campbell is the other MP

:14:12. > :14:16.likely to be affected. It's goodbye to East London Derry, West Tyrone,

:14:16. > :14:25.Mid-Ulster, hello Glenshane and Mid-Tyrone. Boundary changes these

:14:25. > :14:30.days are mostly accepted. It is a matter of maths, or as wise old owl

:14:30. > :14:34.and former boundary commissioner, Maurice Hayes put it, whether you

:14:34. > :14:39.work around clockwise or anti- clockwise, the last guy gets

:14:39. > :14:45.squeezed. Cameron stayed quiet, so did the DUP. Although it looks like

:14:45. > :14:49.confining the SDLP to South Down and Foyle, there was no outrage and

:14:49. > :14:54.solidarity at the lost of West Belfast. Not a good week for a guy

:14:54. > :15:00.called Al. For Sinn Fein though, it was another lunge towards the right,

:15:00. > :15:04.a sizable crowd on the water front for their first Northern Ard Fheis,

:15:04. > :15:11.plus a former presbyterian chaplain, to hail Martin McGuinness as one of

:15:11. > :15:14.the great leaders and his friend. A bit of presbyterian flintiness

:15:14. > :15:18.would have pleased the Martin McGuinness theme of reaching out to

:15:18. > :15:28.unionism. Where's the challenge in reaching out to a marsh mellow?

:15:28. > :15:34.Reverend Latimer may have overdone In this age of equality of

:15:34. > :15:39.opportunity you would think the Civil Service which be a beacon but

:15:39. > :15:45.that is not the case. They are looking for a new top cap but only

:15:45. > :15:53.internal candidates need apply. Our reporter investigates the closed

:15:53. > :15:58.ranks of Our civil service. As these members of the Civil Service

:15:58. > :16:02.limber up for the year ahead, who will be in charge? There is no

:16:02. > :16:08.doubt that leading the Northern Ireland Civil Service is a tough

:16:08. > :16:13.job. You will be responsible for 12 departments with a combined staff

:16:13. > :16:20.of 28,000. What sort of qualities do you need to lead the Civil

:16:20. > :16:27.Service team? My successor has to be someone who can be firm with our

:16:27. > :16:31.political masters. Absolutely, no- nonsense with that lot. Joking

:16:31. > :16:39.aside, there are concerns that the Civil Service can be a law unto

:16:39. > :16:45.itself. There are very upset established procedures that you

:16:45. > :16:52.have to go through in order to make policy. You have to go through the

:16:52. > :16:56.civil service and work with them. I found early on they were only too

:16:56. > :17:00.anxious to facilitate you in making policy, but there were times when I

:17:01. > :17:07.found them a bit obstructive because they thought that they knew

:17:07. > :17:12.better than I did. The best dates back to direct rule. Civil servants

:17:12. > :17:16.were required to undertake tasks which would normally have fallen to

:17:16. > :17:22.ministers. Devolution itself has changed the situation where it is

:17:22. > :17:28.now properly the devolved ministers who stand out in public and not

:17:28. > :17:36.civil servants. What about the make-up of the civil service? It is

:17:36. > :17:46.still, in the words of one critic, male, pale and steel. There has

:17:46. > :17:51.

:17:51. > :17:57.never been a woman head for example. -- stale. The Northern Ireland

:17:57. > :18:05.Civil Service has not moved with the times. Compared to England

:18:05. > :18:12.often the higher echelons of and a more diverse range of people.

:18:12. > :18:19.the present head took over in 2008, the post was advertised internally

:18:19. > :18:23.and externally. This time, it is only open to those already in the

:18:23. > :18:29.Northern Ireland Civil Service. This former head said that is

:18:29. > :18:34.because the job requires a complex range of skills. It is unlikely you

:18:34. > :18:40.could develop those skills other than through many years of training

:18:40. > :18:44.and experience within the Civil Service. You would not take another

:18:44. > :18:50.profession like the army for example and appoint a biology

:18:50. > :18:55.teacher as their head. While the guessing game over which internal

:18:55. > :19:01.candidate will get the job has started, the appointment process

:19:01. > :19:07.has been questioned. The body that oversees the appointments of senior

:19:07. > :19:12.civil servants have expressed great concern that the post will be

:19:12. > :19:16.filled through internal competition. In response, the Northern Ireland

:19:16. > :19:26.Civil Service says such appointments in Dublin and London

:19:26. > :19:31.are all sorts internal. -- also internal. The public think it is a

:19:31. > :19:36.stitch-up. People will say there is no point in applying for this post

:19:36. > :19:41.because it has already been fixed, I would say that is not the way it

:19:41. > :19:47.is. Alex Attwood is calling for the process to be suspended until it

:19:47. > :19:51.can be discussed by the Executive next week. I wrote to Peter

:19:51. > :19:57.Robinson and Martin McGuinness on 3rd September saying I did not

:19:57. > :20:00.agree with the approach they have adopted. The head of the Civil

:20:00. > :20:04.Service has particular responsibilities to their office

:20:04. > :20:14.and also to the Executive, permanent secretaries and

:20:14. > :20:15.

:20:15. > :20:20.Government in general. It is not something to be decided by them in

:20:20. > :20:23.private for whatever reason. We cannot have a situation where the

:20:23. > :20:28.head of the Civil Service is appointed through private

:20:28. > :20:35.competition whereas the Chief Constable of Northern Ireland is

:20:35. > :20:41.appointed through open competition. So, while the competition may be

:20:41. > :20:49.under way, how the post is filled is still in dispute. Whoever takes

:20:49. > :20:53.over the post is guaranteed do have a high profile start to the role.

:20:53. > :20:59.The Supergrass trials of the 1980s collapsed with hundreds of

:20:59. > :21:07.convictions overturned. The process is under way again with 14 UVF

:21:07. > :21:14.suspects in the dock. Will the result be any different this time?

:21:14. > :21:20.Mary O'Rawe, you are a lecturer in law, it is still a very high-risk

:21:20. > :21:25.strategy, isn't it? The pendulum has swung both ways now. We have

:21:25. > :21:30.the human rights Act in place which did not exist in the 80s. The right

:21:30. > :21:37.to silence has been eroded. Did add a number of issues that need to be

:21:37. > :21:42.taking into account. What are they? The fundamental issue is we are

:21:42. > :21:45.looking to convict people on the basis of evidence that is dodgy. If

:21:45. > :21:50.people have been involved in criminality themselves they have

:21:50. > :21:54.their own reasons for giving evidence. In the background of that

:21:54. > :21:59.there is the police motivation for getting certain people off the

:21:59. > :22:03.streets. Some of the motives will come out in trial but there is

:22:03. > :22:11.still a lot of questions over the morality of dealing with justice in

:22:11. > :22:17.this sort of way. Your son was a victim of a UVF killer and he was -

:22:17. > :22:26.- his killer was brought to justice in a similar way. What is your

:22:26. > :22:31.view? There are differences from the 80s until now. I agree with the

:22:31. > :22:39.system, providing it is done properly. There is no doubt that

:22:39. > :22:44.the ones who have turned Supergrass are assisting offenders and they

:22:44. > :22:48.are benefiting from the process. It will be a matter for the judge to

:22:48. > :22:54.decide. It is all down to credibility. If they deem them

:22:54. > :23:02.credible witnesses then fine. We are talking about people who have

:23:02. > :23:06.been animals, involved in the highest levels of crime. My own

:23:06. > :23:13.personal opinion and other people's opinions of whether they should get

:23:13. > :23:17.these deals or not I think, it is a good thing. Talking about the

:23:17. > :23:24.morality of it, in terms of the morality do you think it is fine

:23:24. > :23:27.because the end justifies the means of getting the convictions?

:23:27. > :23:32.morality... At the end of the day, there are families sitting here who

:23:32. > :23:37.would not have a hope in hell of getting people into court over

:23:37. > :23:43.their loved ones killings. If it is a system that change is that then

:23:44. > :23:48.fine. It must be done in the proper manner though. The whole defence

:23:48. > :23:53.rests on undermining the credibility of these witnesses. We

:23:53. > :23:57.have seen that this week in the High Court. They are accused of

:23:57. > :24:02.being befuddled with drugs and drink. That is going to be the

:24:02. > :24:07.whole thrust of the defence case. That is what happens in criminal

:24:07. > :24:12.trials. You try to undermine the prosecution evidence. If the

:24:12. > :24:17.evidence is based on people who, by their own admission, have been

:24:17. > :24:21.involved in quite heinous act and have histories of lying and

:24:21. > :24:28.difficulties themselves, possibly mental health vulnerabilities, all

:24:28. > :24:33.these things are factored into the next. It is not difficult to pick

:24:33. > :24:39.holes in a prosecution case like this. The question is can these

:24:39. > :24:45.convictions be sustained? In terms of credibility of witnesses and

:24:45. > :24:51.talking about UVF members being befuddled by drunk -- drugs and

:24:51. > :24:56.drink, that is not going to interfere with the credibility of

:24:56. > :25:00.the evidence, is it? There are people involved in peddling drugs

:25:00. > :25:06.in the community, involved in serious crime within their

:25:06. > :25:10.community, we are not talking about a quarter of the angels. It is an

:25:10. > :25:15.organisation involved in drugs and crime. None of what we are hearing

:25:15. > :25:21.should surprise us. I think the trial is a huge embarrassment for

:25:21. > :25:27.the UVF. Here we have former UVF members giving Supergrass evidence

:25:27. > :25:32.against other alleged members of the UDF. One of them is an alleged

:25:32. > :25:38.Special Branch agent. None of this is about defending Ulster or

:25:38. > :25:42.fighting the IRA, it is about loyalist infighting and criminality.

:25:42. > :25:52.The other big concern for the UVF is what they are looking at at the

:25:52. > :26:01.

:26:01. > :26:08.moment, it is the tip of de-ice prayer. -- the iceberg. A senior

:26:08. > :26:17.UVF figure is being debriefed who will be brought towards the four of

:26:17. > :26:25.the court. The difference between Haggerty and these footsoldiers is

:26:25. > :26:30.that he sat at the top of the table. He has evidence to expose the top

:26:30. > :26:35.leadership. You want to see these alleged handlers in court

:26:35. > :26:40.themselves? They are actually worse to me. They are worse than the

:26:40. > :26:45.people who carried out the killings. Those ones who carried out the

:26:45. > :26:49.killings, that is what they do, they are criminals. You expect

:26:49. > :26:53.better from the security forces and the different Government bodies to

:26:53. > :26:59.make sure the process is used right and people are brought to justice

:26:59. > :27:05.in the proper way. We have handlers here who were involved at the

:27:05. > :27:09.highest levels of murders and atrocities. People in the

:27:09. > :27:14.organisation were allowed practically a three round to do

:27:14. > :27:19.exactly what they wanted to do. As soon as the handlers are brought in

:27:19. > :27:23.examples are made of them so you can get this out of the system. How

:27:23. > :27:32.can you have faith in the security system and process if no one is

:27:32. > :27:37.being punished? The you think it seems our security system is

:27:37. > :27:41.getting its hands dirty with this type of process? I think you cannot

:27:41. > :27:48.avoid it. Is the price worth paying for putting a number of people

:27:48. > :27:53.behind bars for some time. We have to ask soul-searching questions, is

:27:53. > :27:58.this all our justice can deliver. For every story that is told there

:27:58. > :28:04.are a number of stories not being told. For everyone who is put in

:28:04. > :28:09.the dock the ran a number of others who are being protected from being

:28:09. > :28:17.put in the dock. If justice is seen to be done in a certain way that is

:28:17. > :28:23.bound to have, particularly at this fragile place in the peace protest

:28:23. > :28:30.-- process, it could be very damaging over much longer term.

:28:30. > :28:40.Thank you all for your insides. That is where we must leave it.

:28:40. > :28:42.

:28:42. > :28:47.Goodbye for now. Some carry on this week. Unemployment may be ageing

:28:47. > :28:56.but there is one job that will never be filled, public relations

:28:56. > :29:02.adviser to the Orange Order! Only orange men could successfully

:29:02. > :29:08.deflect attention from the Real IRA who were busy trying to murder a

:29:08. > :29:14.doctor. Meanwhile the Executive has so many issues to deal with the