David McClarty (UUP)

The proposer of the topic has 15 minutes in which to speak. All other Members who wish to speak will have approximately eight minutes.

Tom Elliott (UUP)

It is unfortunate that I have to bring this issue to the Assembly for debate, but I do so following the events of the weekend of 12 September 2009, when a monument was erected in Newtownbutler village. That caused great concern to the local community there, particularly the small, isolated, local, Protestant, unionist community. The Newtownbutler area has undergone a huge amount of ethnic cleansing in the past 40 years, whereby large numbers of Protestants and unionists, particularly security force members, have been shot, blown up and brutally murdered.

The monument is a commemoration of terrorists, of whom, I understand, not all are local. It was put up with total disregard and contempt for the authorities in the land. I understand that the organisation behind the erection of the monument is Sinn Féin; an organisation that is seeking the devolution of policing and justice to the Assembly. It is ironic that it disobeyed the laws of the land. It did not apply for planning permission; it put up the monument without the authority of the agency that owns the land, the Northern Ireland Housing Executive; and it did not consult the Housing Executive or ask its permission before erecting the monument. In fact, Sinn Féin had the cheek to say that it intended to consult the Housing Executive following the erection of the monument. What contempt for the authorities of the Province.

When I think back on the past 40 years, I recognise that such behaviour is nothing new in the Newtownbutler area. The village is continually swamped with Irish tricolours flying, and there has been a continual campaign of intimidation against the local Protestant and unionist communities in that area. Many of the people from those communities have had to move out of the village and surrounding area and go to live in other areas, mainly in County Fermanagh, that are classified as being safer.

A number of people have been murdered in the area, and I think of a local shopkeeper, Richard Latimer, who was murdered a small number of yards from where the monument is erected. To me, it is not the issue of monuments being erected; rather, it is where they are placed. The monument in Newtownbutler has been erected in an in-your-face position where many people who are entering and leaving the village can see it. Those who put up the monument have disregard and a lack of respect for the community in that area.

It is interesting to note that the Benches opposite are empty of the party that was behind the erection of the monument: Sinn Féin. It is a disgrace that its members cannot come here and answer for themselves on this issue and tell us why they put up the monument. All that they were able to tell us, through the local press, was that they intended, at some stage, to ask the authorities whether it was OK to do it, after they had carried out their cowardly act.

It seems that there is no shame in them. They do not care that people are hurting because of their act, and it shows the contempt that they have not only for the authorities but for the people whom they often classify as their neighbours, who are fellow citizens of the Province. They shamefully disregard the thoughts and emotions of those people, many of whom had loved ones murdered throughout the past 40 years. Although Sinn Féin members try to tell us that they have changed and moved on, they continue to show blatant disregard for the feelings of the local people.

I reported the matter to the Planning Service as soon as I could, and I am pleased to say that the local planning office opened an enforcement file on the situation immediately. It is following up the matter to see what action, if any, it can proceed with. I am also pleased that the Housing Executive has started a process of assessing the views of the local population and local elected representatives to see what it can do about the monument, since it is on its property.

I am also aware of a similar monument that was erected in Dromore in County Tyrone. The Equality Commission had to refer that matter to the Secretary of State, because Omagh District Council, the owner of the land, refused to take any action on it. Thankfully, the Equality Commission had the initiative to refer that to the Secretary of State, who had to make a recommend­ation to Omagh District Council. I hope that matters do not have to go that far in this instance and that the authorities will move on it and take action.

My thoughts at this time are with the people who have been deeply hurt over the past 40 years — the real victims in the Province — and I am concerned for the people who live in the area who are intimidated and who have had their lives destroyed by this.

Over the past number of years, the population of unionists and Protestants in the Newtownbutler area has diminished to a very small base compared with what it was 45 years ago. I am seeking the support of the authorities so that those people can be supported and their concerns given credence. Hopefully, that will bring the situation to a reasonable conclusion.

Danny Kennedy (UUP)

Does the Member agree that republicans’ continuing to erect such monuments, which cause great offence to the Protestant relatives, neighbours and friends of those who were murdered by the republican movement over the years, raises very serious issues about what is called a shared future? Does he also agree that the absence of republican Members in the Chamber for today’s debate, including the MP for Fermanagh and South Tyrone, is nothing less than shameful?

Tom Elliott (UUP)

I thank the Member for his comments, which I support. The difficulty with such monuments is that many of them are of an in-your-face nature. They are very divisive in the local community, and they cause a great deal of heartbreak to those who lost loved ones during the Troubles. That makes their erection a very difficult issue for those people to deal with.

Arlene Foster (DUP)

I support the Member, and I commend him for securing the debate today.

By their nature, memorials or monuments generate and deserve community respect and understanding. The so-called monument in Newtownbutler is as vile as it is provocative, and Mr Elliott has given the reasons why it is so provocative. The monument has been set in an area that fronts on to a public road that a large number of people in that area use. Therefore, the impact that the memorial would have on the small and already alienated and isolated, unionist and Protestant community in the Newtownbutler area was well known.

The memorial itself was erected in the dark of night, which is quite ironic given that the intimidation and murders that took place in that area were also carried out in the dark of night. Those acts were carried out by faceless cowards who went about their business murdering police officers and many Protestants simply because they were Protestants.

Of course, the monument received no planning permission, and I welcome the fact that the Minister of the Environment is in the Chamber to listen to and respond to the debate. Furthermore, those who erected the monument had no permission from the Housing Executive to do so. Like Mr Elliott, I welcome the fact that the local Housing Executive has spoken to local political representatives and local people to assess their feelings on the memorial.

The memorial causes gross offence to the local unionist community and to the wider community in the south-east Fermanagh area. Indeed, it has caused offence simply by its presence; it is quite imposing, given that it is 6 ft high and 4 ft wide.

A bizarre situation exists elsewhere in County Fermanagh. The Fire Brigade removed from its premises a memorial to those who were murdered in the IRA atrocity in Enniskillen after receiving one complaint from a member of staff. The removal of that memorial caused a great deal of hurt to the wider community in County Fermanagh. Given that, I ask the Equality Commission to examine the situation regarding the monument in Newtownbutler closely, because many people will complain about it. Therefore, there is an urgent need to remove the monument or memorial — call it what you will — in Newtownbutler. If the memorial in Enniskillen was offensive, and I do not accept that it was, how much more offensive is the memorial in Newtownbutler?

I commend the Minister of Culture, Arts and Leisure for the stand that he has taken against the glorification of terrorism in GAA clubs in Northern Ireland, and I urge him to continue with that approach. I ask other Ministers to take a similar stand on their shared future.

We heard that the issue arose because the monument was erected on Northern Ireland Housing Executive land. I took the opportunity to mention that to my colleague Margaret Ritchie, the Minister for Social Development, some time ago, and I received a letter from her today in which she referred to:

“the unlawful erection of a monument at Galloon Gardens in Newtownbutler…erected…without the agreement, involvement or knowledge of the Housing Executive”.

Her letter goes on to outline what she believes is the way forward, and the Member for Newry and Armagh has already referred to the shared future agenda. It is a disgrace to see what has happened.

The Member for North Down is in the Chamber, and no doubt he will talk about what has happened in North Down during the past week or more. It is disgraceful to see public money being spent in that way; likewise, it is disgraceful to see public land being abused in that way by those seeking to mark out their territory, and that is exactly what the monument is about. That fact has been acknowledged by the Minister for Social Development in her letter, where she said that during her recent meetings:

“One of the issues most commonly raised … has been around the marking of territory by paramilitaries”.

That is exactly what is going on in Newtownbutler, and it is akin to an animal marking out its territory. We know that many of Sinn Féin’s former colleagues are causing difficulties for the party in the Newtownbutler and Fermanagh area. What does Sinn Féin decide to do? It erects a monument to mark out its territory. It is carrying out a desperate and pathetic act in Newtownbutler.

Danny Kennedy (UUP)

Does the Member agree that, rather than erect republican memorials and wallow in republican ideology, mainstream republicans, as they are called, would be better to give up names and information about their erstwhile colleagues who now mask themselves as republican dissidents. It would enable the authorities to identify and apprehend those people much sooner.

Arlene Foster (DUP)

That is precisely the point that I was going to make, and I thank the Member for making it for me. Instead of marking out their territory with monuments, they should be giving the names of dissident republicans to the forces of law and order so that we can rid ourselves of the scourge that is hanging around the necks of constituencies such as the Member’s constituency of Newry and Armagh and my constituency of Fermanagh and South Tyrone.

It is absolutely disgraceful that Sinn Féin cannot even come to the Chamber to defend the erection of the monument. The Member referred to the fact that there was a very scant reply about the monument from the local councillor in the local papers, who said that they had thought about going along to ask the Housing Executive. What a disgraceful thing to say. The forces of law and order — the Department of the Environment, the Housing Executive and the Police Service — are there, and they are there to be obeyed.

It is disgraceful that the constituency..." class="glossary">Member of Parliament for Fermanagh and South Tyrone has absented herself from the House. She knew that the debate was coming up, but she has not had the grace to come and argue her side, and that speaks volumes.

Tommy Gallagher (Social Democratic and Labour Party)

We have all lived through 30 years of conflict, and we know all about the violent conflict that resulted in deaths on both sides of the community. In that regard, Newtownbutler is no different from other areas of Northern Ireland. Members from both sides of the community have lost their lives, and some of the darkest incidents during our troubled history occurred in and around the Newtownbutler area.

The SDLP has always emphasised the need to recognise the pain of all those who have been bereaved in the conflict and the rights of loved ones on all sides to commemorate those who have lost their lives. It is a matter of regret for the SDLP that, at this point in the life of the Assembly, we still do not have a shared future strategy and that progress on victims’ issues is very slow.

With the commemorating of victims of the conflict comes a responsibility to respect the pain and hurt of other families with the utmost sincerity. It is self-evident that no healing can take place if the suffering of others is disregarded or if commemorations are hijacked for political purposes. We saw what happened in the Kilcooley estate in recent days, where a memorial has been used for purposes other than those agreed. At least in that case I understand that an investigation is under way.

In the 11 years since the Good Friday Agreement political progress has been slow, but what has been clear over that time is the strong desire of both sides of the community to build a shared future and a harmonious society. People want that to happen not just in the Assembly but in our housing estates, neighbourhoods and schools. It is widely agreed that division and mistrust must be overcome in this society and that healing and reconciliation are the objectives that people want us all to work towards.

The Newtownbutler monument commemorates the dead hunger strikers, and the rights of the families of those who died on hunger strike have to be respected. The area suffered numerous deaths as a result of violence right across the community —

Tom Elliott (UUP)

Does the Member accept that those who died on hunger strike did so of their own free will, whereas the people — many in the Newtownbutler area, such as Ritchie Latimer, who lived just a few yards from the monument — who were brutally murdered, shot and bombed at the hands of terrorists, did not have a choice? They were cut down by thugs and cowards.

Tommy Gallagher (Social Democratic and Labour Party)

I accept what the Member said about some of the local people who lost their lives; I mentioned that earlier. It is the view of the SDLP that, with all lives lost as a result of the Troubles, the grieving of families and their right of commemoration must be respected.

Apart from a political connection that Bobby Sands had with the constituency, none of the hunger strikers was from Newtownbutler or, indeed, from Fermanagh. In the eyes of some local people, the monument was erected without any wide community consultation, any consultation with the victims’ commissioners and without any statutory authorities being approached. It is therefore entirely inappropriate. Others in the area regard it as having more to do with the exercise of power and community control than with commemorating lost lives.

Because those responsible for erecting the monument have ignored the sensitivities of others and have caused controversy, they may end up by dishonouring those whom they claim to commemorate. Their actions fly in the face of all who are working to build respect and reconciliation between the two traditions on the island. If we are to build a better future for all and to begin the work of uniting our people, we must remember all the victims of a very dark period in our history in a respectful way. Those who plan commemorations should consult widely in the area; they should take account of the views of all those who share their neighbourhood. They should consult the victims’ commissioners. There is now a victims’ forum, which should also be consulted.

Above all, as I said, they should avoid giving offence to any other people who have lost family members, particularly by not putting memorials anywhere close to locations where other people lost their lives during the Troubles. The Newtownbutler case has been handled very badly, and there is no doubt that great damage has been done. Any repetition of that anywhere else should be avoided at all costs.

Lord Morrow (DUP)

I also congratulate Mr Elliott for securing this appropriate and timely debate. As a result of the debate, some of the shenanigans that are going on within republicanism have been exposed and seen in clear daylight.

There is little doubt that republicanism and Sinn Féin are split right, left and centre, particularly in Fermanagh. Sinn Féin’s non-attendance for the debate demonstrates clearly the depth of that chasm. The fact that Sinn Féin is not prepared to come here today to defend the actions of its foot soldiers also demonstrates that. As my colleague Arlene Foster said, it is particularly significant that the Minister of Agriculture has decided that she does not wish to participate in the debate. That should not be underestimated.

The erection of the monument was, no doubt, purposely designed to cause the maximum amount of hurt. Perhaps that was one of the reasons why its location was selected. The monument is there to glorify terrorism in all its rawest, worst and most sectarian forms. The border areas of County Fermanagh, County Tyrone and County Armagh have suffered perhaps more of the sectarian warfare that has been carried on by the Provisional IRA for the past 35 years than any other part of Northern Ireland.

Therefore, the erection of the monument seems to be an insulting and offensive move to those of us who come from a different part of the community. We are told that those people were something other than what we understood them to be and anyone with half a head on their shoulders knows them to have been.

I was interested to read a quote from a local councillor, Councillor O’Reilly, who served in the House for a period. He said:

“This monument marks a show of respect for all those who died in the hunger strikes of 1981 and commemorates … Bobby Sands who many people in South Fermanagh worked extremely hard to get elected. We all have to share communities and tolerate each others cultures and traditions”.

He said that the memorial was not erected to be insulting to anyone. If ever there was hypocrisy, that is it.

Arlene Foster (DUP)

Given that Councillor O’Reilly said that, will the Member agree that it is incredibly hypocritical of him to be a part of the cheerleading gang that objects to band parades and Orange services being able to progress along the main street in Newtownbutler to church? He is always there at those protests. How does that show respect for each other’s culture and tradition?

Lord Morrow (DUP)

The point that my colleague Arlene Foster makes is a good one, and I certainly concur with what she says. That individual says in the papers that we must tolerate each other and share communities. It is amazing that, when it comes to a church parade or another parade, he is the main cheerleader trying to ensure that the parade does not go through.

We have come to the stage in this country when we have to make up our minds. Some people have great difficulty with that: either they are moving on or they are not. We are told continually that it is time that everyone moved on past the 35 dreadful years. Of course, those 35 dreadful years should never have happened.

Some of us make the effort to take society forward and to create a better future for the next generation. It behoves Sinn Féin to start to address difficult issues. Some times, in order to do that, one must stand up. It is patently clear, however, from the empty Benches that Sinn Féin members will not stand up when it comes to taking difficult decisions in their own communities, particularly in County Fermanagh.

Sinn Féin went ahead and erected that monument in the dead of night. If someone does something in the dead of night, instead of in the open, there must be something wrong with it. Let me make it clear: I do not condone the erection of monuments to people who have carried out acts of terrorism, regardless of the section of the community from which they come. I have no difficulty or embarrassment in saying that. During the 35 years that I have been in public life, I have been totally consistent in condemning such memorials and atrocities. To try to perpetuate the names of those people into the future is highly offensive and insulting.

I look forward to the day when the authorities will take the first step, which will send out a clear signal to everybody that that sort of behaviour will not be tolerated. Nothing less than the removal of that offensive landmark will satisfy the unionist community.

Let it be said that it is not only unionists who find those memorials highly offensive. Many people in the nationalist community — some of whom have spoken to me one-to-one — do not want to be part of that. I can understand that, sometimes, it is extremely difficult for them to speak out and to say that openly. Undoubtedly, there is growing resentment of that type of behaviour in the entire community and society. It must stop. For Sinn Féin members to play the good guy, bad guy when it suits them will not wash for ever.

Robert Coulter (UUP)

I thank the Member for giving way. Does he agree that it would be more fitting for Sinn Féin to make every effort to find the graves of the disappeared and to let that information be given to the public and police on both sides of the border, rather than to erect a monument that causes hurt and despair among many people?

Lord Morrow (DUP)

I thank Rev Dr Coulter for that superb point. Having worked quite closely with one particular family of the disappeared, I know how that family still hurts to this very day. Both parents, sadly, passed away without ever knowing what happened to their 21-year-old son. His brothers continue to fight for that information to the best of their ability. Rev Coulter makes a superb point.

Sinn Féin makes much play of the claim that it does its best. Often, its best is just not good enough. It strikes me that Sinn Féin just does not get it. It does not seem to understand that the offensive things in which it is engaged — the type of activity that has been brought before the Assembly today — shatters the confidence of the unionist community and, indeed, many people in the nationalist community. I look forward to the day when all of that is left behind. I look forward to the removal of that memorial in Newtownbutler.

Stephen Farry (Alliance)

I welcome the opportunity to contribute to the Adjournment debate. I congratulate Mr Elliott for securing it. It is telling that there is a greater turnout from the Alliance Party than from Sinn Féin, given the constituency. The issue affects all of Northern Ireland.

I have deep family roots in County Fermanagh, and can certainly appreciate how that memorial will have been received in the community.

I welcome the direction in which the debate is moving: Members are acknowledging that this issue is not just a matter for Protestants, but a matter for people from a Catholic background and other backgrounds, too.

We should not assume that people from the Catholic tradition will support a memorial that is offensive to Protestants just because the IRA is perceived to come from that tradition. There are challenging issues to address, such as how the rule of law is observed and how we should deal with the past so that we can move on.

The loyalist memorial in my constituency of North Down was mentioned. Recent press coverage of that memorial and our discussion of another memorial in Newtownbutler show that the problem affects everyone in Northern Ireland. Government must respond seriously to those problems. It is important that we condemn loyalist and republican paramilitary memorials equally, because they are exactly the same.

I was disappointed that Mr Elliott spoke in generalities and talked about issues regarding republicans but not loyalists. We must tackle the issue with consistency and balance. A whole host of issues has been thrown up.

Tom Elliott (UUP)

I thank the Member for giving way. Dr Farry said that I did not talk about loyalists. I am not aware of any loyalist memorials that have been erected in County Fermanagh generally or in Newtownbutler in particular. If the Member can tell me where one is located, I would be happy to hear of it.

Stephen Farry (Alliance)

Mr Elliott and Mr Kennedy spoke about Northern Ireland-wide issues that were couched solely in regard to what republicans are doing but not loyalists. The record will —

David McClarty (UUP)

Order. The Adjournment topic is unauthorised monuments in Newtownbutler. As far as I am aware, Mr Elliot and the other Members stuck to that subject, and I ask that you do the same.

Stephen Farry (Alliance)

I respect your ruling, Mr speaker is in charge of proceedings of the House of Commons in..." class="glossary">Deputy Speaker. However, the Hansard report will reflect a more general discussion, including references to Mr McCausland and GAA grounds.

Danny Kennedy (UUP)

On a point of order, Mr speaker is in charge of proceedings of the House of Commons in..." class="glossary">Deputy Speaker. It appears that, in spite of your advice, Dr Farry is persisting with a line that seems to challenge your authority.

David McClarty (UUP)

I note what you say, and I thank you for the point of order. Dr Farry, I insist that you stick to the subject matter that appears in the Order Paper, and I ask that you refrain from straying into other areas.

Stephen Farry (Alliance)

Thank you for your advice, Mr speaker is in charge of proceedings of the House of Commons in..." class="glossary">Deputy Speaker. I will return to the issue and follow the example set by the other Members who spoke in the debate.

The episode throws up challenges for the public sector to how it responds to the matter. First, there is planning policy and how it is enforced. Memorials require planning permission; people cannot erect them without authorisation. Secondly, there is the issue of the abuse of public land and the use of public funds.

There is the wider issue of how we deal with the past. I recognise that people from all backgrounds and traditions may wish to acknowledge loss and suffering. However, we must distinguish between that kind of recognition and the kind of recognition that grants organisations any legitimacy whatsoever for their actions. The erection of the monument in Newtownbutler crosses that boundary.

There is also the issue of how we promote a shared future. It is important that we look to shared space. The situation in Newtownbutler compromises the notion of shared space. Shared space does not have to be neutral space; however, a permanent memorial such as this fundamentally compromises the notion of a shared future.

There is also the issue of how public agencies interact with the legacy of paramilitarism in our society. There is still an infrastructure that exercises community control, with respect to loyalists and republicans, at a grass-roots level. Although the overt violence may have disappeared, there are insidious moves to create tensions within communities, whether through flags, bonfires or memorials. In some respects, due to fear, people have difficulty expressing their opposition to such moves. The public sector has difficulty enforcing its statutory duties around shared space because of the perceived fear of its workers. We should acknowledge that that fear is there and that it needs to be addressed.

As other Members have mentioned, there are issues relating to flags in which we need to very clearly ensure that there is a co-ordinated and effective response to attempts by loyalists and republicans to compromise shared space.

What happened in Newtownbutler throws out a large challenge and is an example of similar episodes across Northern Ireland. Although I appreciate that the Minister of the Environment is in the Chamber — he may be able to talk about the situation from a planning perspective — there are responsibilities for other Ministers. For example, the Minister for Social Development, with respect to Housing Executive land; the Minister for Regional Development, with respect to the use and abuse of public highways; and the First Minister and deputy First Minister, with respect to the creation of a strategy for a shared future. I look forward to the Minister of the Environment’s comments, and those of his colleagues in the Executive, as to how we tackle this cancer within our society.

Edwin Poots (DUP)

I thank the Member for Fermanagh and South Tyrone Mr Elliott for securing the Adjournment debate. It is clearly an issue on which many Members — and, for that matter, members of the public — hold strong views. I too have strong views on the illegal erection of this monument. Given the highly charged emotions that it generates, that period, during which terrorist criminals committed suicide, is not one that should be remembered in this manner. As we build a shared future, monuments of that nature are inappropriate and cause division within our society. We cannot allow the bully boys who lurk in the shadows to dictate what can or cannot be erected in our cities, towns or villages.

Therefore, I welcome the opportunity to provide some background to the case in Newtownbutler and to explain the current situation. The case involves an unauthorised hunger striker monument that has been erected at the entrance to Galloon Gardens, in Newtownbutler, County Fermanagh. The monument was first brought to the attention of the Planning Service on 15 and 16 September, when a number of complaints were received in the Omagh divisional planning office. Following receipt of the complaints, an enforcement case was opened on 17 September, and, on 22 September, a site visit undertaken.

The monument is located in the centre of a small area of open ground adjacent to Galloon Gardens and the main street in Newtownbutler. The monument measures 2 m wide by 1·2 m high by 0·3 m deep, and is constructed of coarse stonework and marble. No evidence has been obtained as to who carried out the unauthorised works. A subsequent Land Registry search has confirmed the land to be in the ownership of the Northern Ireland Housing Executive.

On 12 October, the case will be reviewed at the monthly meeting of the enforcement group in the Omagh divisional planning office. As with all enforcement cases, the evidence gathered to date will be assessed, and a number of outcomes are possible. First, if it is found that the monument does not constitute development, or that it is immune from enforcement action because of the length of time that it has been in place, the case could be closed. However, the Planning Service is of the view that the monument does constitute development, and initial evidence indicates that the monument was only constructed in September. Thus, it is not immune from any future enforcement proceedings and, therefore, planning permission is required.

Secondly, the Planning Service could invite an application for the retention of the memorial. That would allow all local issues, including impacts on amenity and townscape, to be assessed fully. Alternatively, the Planning Service could proceed with enforcement action to have the monument removed. That would initially involve working with the landowner, which is the Housing Executive. Should that not prove successful, the Planning Service could proceed to formal action by serving an enforcement notice, which would require the removal of the monument.

With the last two options, the onus is likely to be on the Northern Ireland Housing Executive to address the matter, because it is the acknowledged landowner. Initial discussions have taken place between the Planning Service and Housing Executive officials from the Fermanagh district office, who are aware of the monument. Those officials have sought some time to see whether there is potential to resolve the matter locally to the satisfaction of all parties.

The Planning Service accepts that the best way to deal with the matter is to seek local agreement. Over the coming weeks, further discussion will take place with the Northern Ireland Housing Executive to establish progress. If progress cannot be made, I will instruct the Planning Service to initiate enforcement proceedings; I will not be dictated to by bully boys who tried and failed to dictate to the people of Northern Ireland through murder and mayhem.