Friday, 2 February 2018

People in Northern Ireland ask: What social contract?



No harm to Jean-Jacques Rousseau and his fine words of 1762, but whatever Social Contract that exists between people in Northern Ireland and the State has just been ripped up and tossed in the bin with the sentencing of a confessed multiple murderer to 6 years jail-time, in a deal which sees Ulster Volunteer Force (UVF) leader and ‘supergrass’ Gary Haggarty give evidence in one trial, evidence which will only serve to confirm already existing DNA evidence and eyewitness testimony.



The arrest of Freddie Scappaticci, an alleged State agent within the Irish Republican Army (IRA), may lead to further shredding of the already well-shredded Social Contract.




Though apparently on different sides of a violent conflict, it has emerged that both men were actually on the same side. Both were working for the State, receiving various payments, support and a licence to kill, for information about people and their activities in their respective organisations.



All wars are, by design and by nature, dirty, and the activities of the State in sponsoring Gary Haggarty and Freddie Scappaticci show just how cruelly heinous the war years in Northern Ireland have been. No wonder the legacy of hurt is deep and seemingly intractable.



Jean-Jacques Rousseau would be astounded. His efforts to face the key question of the State’s relationship with its citizens have been trampled into the mud of collusion and violence.



I plan to address this question: With men (sic) as they are and with laws as they could be, can there be in the civil order any sure and legitimate rule of administration? In tackling this I shall try always to unite what right allows with what interest demands, so that justice and utility don’t at any stage part company.



Justice and utility have not simply parted company. They have been torn asunder, with utility (that which works; that which is useful to the powerful, in a self-serving way) trampling all over justice.



The scales of justice, never blind to the follies and connivance of the State, have tipped firmly in the direction of usefulness. It is a mean and trite bargain, between Garry Haggarty and his spook and police handlers. It is a sordid travesty of justice for the families of his many victims. Most of the people Gary Haggarty gave information about will not face charges. Given all the money, time and licence to kill he received from the State, he has been bought for a very dear price, as this BBC report shows.

A loyalist "supergrass" who admitted the murders of five people among hundreds of offences has had a 35-year jail term reduced to six-and-a-half years for helping the police. Gary Haggarty, 45, was a former leader of an Ulster Volunteer Force (UVF) unit in north Belfast. Haggarty was a paid police informer for 11 years. A judge said the offences were "ones of exceptional gravity" but that he had provided significant information. After turning state witness in 2009, Haggarty provided information on 55 loyalist murders and 20 attempted murders in the course of 1,015 police interviews. However, only one man is to be prosecuted, for two murders, on the back of the evidence. The vast majority of people named by Haggarty in his police interviews will not face prosecution amid state concerns about a lack of supporting evidence.



No representative of the State can speak as a neutral broker on the tragic legacy of the conflict. This outcome is a form of de facto amnesty for a murderer, enabled by the State. The argument that such collusive activities were the only option available to the police and justice systems and served as the lesser of many evils, reads very thin in the light of the Gary Haggarty case.



Various terms are used by the powerful to denigrate countries, and thus their citizens, across the world: failed state, rogue state, banana republic. The latest, and most dreadful, is shithole country.



Northern Ireland is variously referred to as ‘our wee country;’ and the ‘Six Counties’. New names may emerge following this police and justice disgrace. What do you call a State which shreds the Social Contract with its citizens and doesn’t even blush? Where no questions or debates occur in the Executive at Stormont (now on extended ‘gardening leave’) or in Westminster, the sovereign parliament of the State.



For people in Northern Ireland, the proper name of the place is ‘home’ and we do indeed ask: What social contract?



But the social order isn’t to be understood in terms of force; it· is a sacred right on which all other rights are based. But it doesn’t come from nature, so it must be based on agreements.



In the everyday sense of the word, a tyrant is a king who governs with the help of violence and without regard for justice and the laws.











UVF 'supergrass' Gary Haggarty jailed for six years

The Social Contract; Jean-Jacques Rousseau; translated by Christopher Betts; World’s Classics, Oxford; 1994










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