1.1 Alliance is fully committed to the highest standards of justice and the rule of law.

1.2 Alliance believes that there is a fundamental relationship between democracy, human rights and the rule of law. Without the rule of law, there cannot be a framework to guarantee democracy and human rights. Without democracy and human rights, only the law of the jungle will exist - the survival of the fittest.

1.3 In Northern Ireland today, there are many and varied threats to the rule of law. Furthermore, there are dangerous attitudes towards law and order among certain sections of the population - a culture of lawlessness. Crime and the fear of crime are increasingly major concerns for our citizens.

1.4 The Good Friday Agreement has not been the source of these problems; they have evolved or persisted despite the Agreement. Indeed, if it was not for the Agreement, it is likely that these problems would be even worse.

1.5 Fundamentally, Alliance believes that, within Northern Ireland, the platform of the Agreement provides the best means for asserting the primacy of the rule of law, democracy, and the Bill of Rights.

1.6 However, it is up to state, political parties, and civil society to adopt the correct policies to uphold the rule of law.

1.7 Action is required at a number of levels:

• The creation and maintenance of the required structures, and the provision of the necessary resources;
• The proper enforcement of existing laws, and the application of new legislation; and
• The creation and the maintenance of a culture of lawfulness.

2.1 The present threats to the rule of law in Northern Ireland are many and varied.

2.2 There is a continued terrorist threat from dissident Republican and Loyalist paramilitary organisations. While the frequency of terrorist incidents has dropped dramatically, the potential for them to occur is still present.

2.3 Paramilitary organisations, while officially determined to be on "ceasefire", not only continue to exist and to engage in some traditional activities, but have diversified into new fields. There is a particular overlap with organised crime. Indeed, there is a danger of paramilitarism becoming institutionalised.

2.4 In addition to the so-called "ordinary" crime, Northern Ireland is plagued with a number of policing problems, including:

• Continued terrorist activity from dissident Republicans and Loyalists;
• acts of violence, including murder, by virtually all of the organisations officially on "ceasefire";
• sectarian attacks on the person and on property;
• paramilitary attacks (so-called "punishment attacks") and "exiling";
• a rise in organised crime, in particular money laundering, tobacco and fuel smuggling, business and social security fraud, and counterfeiting;
• frequent riots, particularly at "interface" areas; the disputes, including roadblocks, related to contentious parades;
• and the erection of flags, emblems and graffiti "glorifying" the deeds of terrorist organisations.

2.5 Some of these problems can flare up quickly and manifest themselves on a large scale and have a large effect on life in certain communities at a general level, and make considerable demands on police resources.

2.6 Furthermore, some of these offences further entrench communal segregation and pose further problems to the improvement of community relations. While the police may only be able to address the immediate symptoms, there is a need for a concerted effort involving every section of society to address the underlying causes.

2.7 However, sometimes the immediate response to such problems can create longer-term problems. The erection of "peace walls" may help keep warring sides apart in the short-term, but in the long term they reinforce divisions and perceptions of "them" and "us" that foster conflict. Perversely, the emphasis of the distribution of peace and reconciliation funds and the distribution of emergency Executive funds to areas of deprivation after conflict has flared up, can create incentives for street violence in order to keep the profile of the area prominent. By contrast, Alliance believes that all areas of deprivation should be addressed on the basis of need.

2.8 The persistence, and even institutionalisation, of paramilitarism poses particular problems for addressing crime. The de facto control that they exert in certain areas either discourages or punishes people from working with the formal criminal justice institutions.

2.9 Often paramilitaries effectively take over or create community structures. These pose problems for statutory and other agencies trying to engage with the community. On the one hand, it would be wrong to forgo engagement with deprived communities, but on the other hand, there is a danger of further entrenching the power of such organisations.

2.10 There are worrying attitudes towards the rule of law among certain sections of society - a culture of lawlessness. This manifests itself in a number of ways including a tolerance of paramilitarism and the various aspects of organised crime. In particular, too many people feel that they can work with paramilitaries to "solve" problems in the short-term or engage in or assist organised crime (e.g. benefit fraud, buying counterfeit goods) without an appreciation of the costs upon themselves, wider society and the rule of law.

2.11 This is reinforced by a failure of political leadership in that there is an absence of a single conception of the rule of law that is consistently articulated across the political spectrum. Furthermore, politicians regularly resort to scapegoating the "other side" for problems, and fail to acknowledge the fault of those on their "own side".

2.12 While respect to the rate of "ordinary" crime in Northern Ireland may be low, there are some worrying underlying problems and a wider range of threats that are not sufficiently taken into account. To an extent, the rise of crime reflects new methods of recording and perhaps higher rates of reporting. They also cannot properly take into account the actual severity of the individual offences themselves. Nevertheless, there is a significant rise in the levels of crime generally, with a corresponding fall in clearance rates. The response of police to other offences is clearly being undermined by the diversion of resources to policing street violence and other public order incidents. There is a growing public frustration at the lack of arrests for such behaviour.

3.1 Police Reform. Alliance gives its full support to the reformed police service, the Police Service of Northern Ireland, in upholding the rule of law.

3.2 Alliance further pays tribute to the role played the Royal Ulster Constabulary in preventing Northern Ireland from sliding into total anarchy during "the Troubles", and acknowledges the sacrifices made by many officers and their families.

3.3 Our vision of policing in Northern Ireland is of a single, integrated, professional police service that is representative of, responsive to, and carrying the confidence of the entire community. We believe that the responsibilities of the police are primarily to serve and protect the public, and to uphold the rule of law fairly and impartially. In particular as Northern Ireland remains a contested society, it is not the job of the police to defend the state, or a particular view of the state. The police should not be associated with a particular political viewpoint or constitutional objective.

3.4 A strong emphasis upon human rights must be an integral part of policing. The police should seek to defend a society based upon democracy, respect for individual human rights, and the rule of law. This is not possible if the police themselves do not abide by the highest standards of human rights.

3.5 Accountability. Alliance welcomes the establishment of the Police Board and District Police Partnerships in terms of providing enhanced accountability. We welcome the participation of the parties currently sitting on the Board and look forward to the participation of Sinn Fein.

3.6 However, Alliance does have some reservations regarding the composition of the Policing Board. It is vital that this board reflects the widest possible range of political opinions. We are opposed to the use of the d'Hondt mechanism for the Board. It tends to skew representation in favour of the larger parties, and would therefore undermine the objective of ownership from a wider spectrum of political opinion and perspectives. In addition, it cannot take account of shifting party allegiances among Assembly members. Furthermore, a number of the independent members on the Police Board are overtly associated with some of the political parties already represented. Alliance proposes that an STV be used among Assembly members, or, in the event of no Assembly, an STV election should be conducted among all district councillors across Northern Ireland. Furthermore, independent members should be appointed with the objective of making the board more broad-based.

3.7 Alliance recognises that there are legitimate fears that the powers of local boards could be abused, in particular through directly involving paramilitaries in policing. Once the DPPs have proved themselves, Alliance would propose that District Councils be granted, in consultation with the local police, the ability to raise an additional 3p in £ on the rates to fund additional local services, such as the provision of CCTV cameras.

3.8 Policing within the Community. Alliance believes that an increasingly community approach is a key element of a new beginning to policing. Alliance is particularly conscious of the increased fears that people have of "ordinary crime" and the desire for a greater police presence on the ground. It is important that the police are, and perceived to be, accessible to the community, and are proactive in seeking the views of ordinary people and working with communities to find solutions to localised problems. However, Alliance highlights the dangers of the police treating unrepresentative and/or unaccountable groups as the legitimate voices of the community, and the reality of significant paramilitary control over many community groups.

3.9 Size of the Police Service. Alliance notes that the current size of the PSNI is below the levels recommended in the Patten Report. These levels are themselves based on the premise of Northern Ireland becoming a normal, peaceful society. While in respect to the levels of ordinary crime, Northern Ireland may be comparable or even better than other parts of Western Europe, the continued potential for mass public disorder and the remaining terrorist threat create major drains on police resources.

3.10 Ideally, there should be no need for a full-time reserve, and the police service would have the necessary complement of full-time officers. It is wrong that a large number of people serve the community as full-time police officers, but without the security and benefits of their colleagues in the main service. Given the levels of problems in Northern Ireland, Northern Ireland cannot afford to dispense with the Full-Time Reserve at present. Alliance is opposed to the premature phasing out of the Full-Time Reserve.

3.11 Alliance also believes that the recruitment of the new Part-Time Reserve should begin as soon as possible. Alliance has concerns about the proposed mechanism for the recruitment of the new Part-Time Reserve. While part-time officers have to be deployed within a reasonable distance of their homes, we object to the proposed requirement that officers serve in their own local areas. First, there are inevitably security problems from officers policing areas in which they are known. Second, given the spatial distribution of population in Northern Ireland, this could lead to Protestants policing Protestants and Catholics policing Catholics, or Loyalists policing Loyalists and Republicans policing Republicans, especially in parts of Belfast. This runs contrary to the ethos of a single, professional service whose officers are capable of policing any situation, irrespective of their background. Alliance proposes that the restriction on part-time reserve officers only serving in their own immediate area be lifted.

3.12 At present, the greatest problem with policing at present is numbers. Recruitment of sufficient numbers is more important than the political correctness of balance. Yet, a greater number of potential recruits to the police qualify for the merit pool than are taken on. Alliance proposes that greater efforts should be made to expand the existing training capacity to increase the rate at which new recruits can be trained.

3.13 Alliance proposes that the current two-year restriction on new recruits engaging in public order duties be lifted. This provision exacerbates the current personnel problems, and creates artificial divisions between officers. It was often in public order situations that the former RUC was regarded as being controversial. Therefore, it would be desirable to deploy the new recruits of a new balanced service in this context as soon as possible. Obviously, recruits would have to have sufficient training and some experience before being deployed in such situations.

3.14 Composition of the Police Service. While major efforts have been made over recent years to achieve a representative balance, the PSNI remains unrepresentative of the community in terms of the participation of Catholics, women, people from ethnic minorities, and gays and lesbians.

3.15 Alliance supports the objectives of greater representation of these sections of society. We support targets and affirmative action for Catholic and female recruitment. Alliance is concerned that the issue of a better gender balance in the police is frequently overlooked in the quest to achieve a better religious balance. Alliance supports positive action in terms of identifying deficiencies in the participations of certain sections of the community, seeking to address obstacles to their inclusion, and making particular appeals to individuals from those sections of the community to join. However, Alliance is opposed to positive discrimination through the use of quotas.

3.16 We accept the point that asking potential recruits to declare their sexual orientation would be wrong and that it may not be statistically valid to set targets for ethnic minority recruitment. Alliance proposes that pro-active steps are nevertheless taken to attract persons from ethnic minorities, plus gays and lesbians into the police, for example in recruitment advertisements.

3.17 Alliance is opposed to the 50:50 quota for selection on grounds of perceived religious background. We fully subscribe to the desire to make the police more representative of the community, in particular with increased Catholic recruitment. However, we believe that the use of quotas is contradictory to the ethos of an integrated service, is discriminatory, and in practice unnecessary.

3.18 First, quotas introduce an arbitrary distinction based on religious background (or perceived religious background) among officers in what would otherwise be a single, integrated force. Perceptions that certain officers were hired on a basis other than pure merit may have a detrimental effect on morale.

3.19 Second, the use of quotas is discriminatory and illegal. The current provision is discriminatory in that candidates are divided into two categories based on religion. While every successful candidate has to qualify for the merit pool, candidates can be preferred based due to their religion rather than their relative ranking in terms of quality. Notwithstanding the unsuccessful challenge to the provision in the Northern Ireland courts, the use of quotas is contrary to European Law. In order to proceed, the British Government had to seek exemptions from two European Commission directives, arising out of the Treaty of Amsterdam

3.20 Third, Alliance believes that the use of quotas is unnecessary as a tool of public policy in this particular case. Quotas are an instrument used to address imbalances or discrimination in the selection process. In practice, the problem with recruitment has been attracting a proper representative balance among recruits. It is to be hoped that the overall package of police reforms will address this problem of balance in the police service. If it does not, then a quota will be insufficient to correct the problem.

3.21 Furthermore, quotas are not being used to accelerate the recruitment of Catholics in any significant sense, but merely as a symbol of a new beginning. The 1991 census suggests that among the population (18-30 years old) likely to provide potential recruits for the police over the next ten years, there is almost an even divide between Protestants and Catholics, at approximately 45% each, with the remaining 10% comprising Others/Undetermined. A quota would, therefore, only provide a minor acceleration of Catholic recruitment ahead of a natural rate of recruitment, reflecting the composition of the population. The benefits to be achieved from the use of the quota would accordingly be minimal, and are more than outweighed by the many disadvantages outlined above.

3.22 The evidence to date is that despite continued opposition from Republicans but with the active or passive encouragement from organisations such as the SDLP, the GAA and the Catholic Church, the rate of Catholic recruitment to the PSNI has been impressive. This demonstrates that the use of quotas is unnecessary. By contrast, if a sufficient number of Catholic recruits did not come forward then no quota could produce balanced recruitment, a fact acknowledged by the Government through retaining the right to set aside the use of quotas where necessary.

3.23 Alliance is very concerned that when a number of candidates of one religion who have been selected for training withdraw, then an equivalent number of the other religion must be dropped. This has already happened in practice, and is not conducive to the task of replacing retiring officers.

3.24 Alliance demands that the Government scrap the use of 50:50 recruitment quotas. We would suggest that targets for Catholic recruitment can and should be set, and a strong programme of affirmative action measures, short of quotas, should be used to achieve them.

3.25 Community Safety. Alliance welcomes the creation of a Northern Ireland community safety strategy, and the eventual creation of associated local community safety strategies, and the associated inter-agency co-operation.

3.26 Community safety strategies can provide a problem-solving approach to a range of specific issues. This could include crime prevention or the diversion of potential offenders away from crime. However, any meaningful community safety strategy would need to go much deeper into the causes of crime rather than merely dealing with the symptoms.

3.27 A community safety strategy cannot be separated from a community relations strategy. A proper community relations strategy would involve agencies at all levels of government, plus the private, community and voluntary sector, and would seek to overcome rather than simply manage divisions.

3.28 Alliance has concerns about the creation of separate District Police Partnerships and Community Safety Partnerships. We urge the NIO to reconsider its position regarding Community Safety and Policing Partnerships as suggested in the Criminal Justice Review.

3.29 Alliance recognises that the DPPs and CSPs will deliver different results. The former are essentially to hold the police to account, while the latter is designed to co-ordinate the delivery of strategies and services. Yet, if the proposed CSPs are to have any real effect on the ground, their membership should not only include representatives from the local offices of statutory agencies, but also the local voluntary, community and private sectors plus elected representatives. There is likely to be an overlap in both membership and agenda, which will provide a strain on the members of such bodies.

3.30 The DPPs have already been established under Westminster legislation, while the establishment of CSPs will be addressed through regulations under the Local Government Miscellaneous Provisions Bill passed by the NI Assembly. Therefore, some creative thought will have to be shown as to how the two concepts work together.

3.31 Criminal Justice Review. Alliance gave a broad welcome to the recommendations of the Criminal Justice Review, and the implementation of the relevant recommendations in legislation.

3.32 We have endorsed the vast majority of the recommendations, in relation to matters such as the Prosecution, the Judiciary, the Courts, Victims and Witnesses.

3.33 We are impressed by the fact that the report is strongly set in the context of international standards of human rights and the coming into effect of the Human Rights Act (incorporating the European Convention on Human Rights). We welcome the recommendation that human rights issues should become a permanent part of training programmes for all those who work within criminal justice agencies, the legal profession and the relevant parts of the voluntary sector.

3.34 Alliance believes the enforcement of the Human Rights Act, and any subsequent Northern Ireland Bill of Rights, should be mainstreamed throughout the existing court system, rather than through the creation of a special human rights/constitutional court. This should ensure that human rights are an integral consideration at all levels of the judicial system.

3.35 We recommend that the Criminal Justice Board and its research sub-committee be tasked with developing and implementing a strategy for equity monitoring the criminal justice system. This would relate to how it affects categories of people, in particular by community background, gender, ethnic origin, sexual orientation and disability. This should be conducted in a manner that does not compromise judicial independence.

3.36 Alliance agrees with the Criminal Justice Review in its adoption of many of the recommendations in the "Speaking up for Justice" report. Under the current criminal justice system, victims are failed by often feeling left out, unimportant, and even nonexistent. As such, we endorse the recommendations designed to inform victims on the progress of their cases and the release of prisoners back into the community.

3.37 Alliance is concerned at the reluctance of the public in general to report crime, particularly organised crime or paramilitary activity, plus a high-rate of the withdrawal of complaints, due in large part to intimidation or violence against victims and potential witnesses. Alliance notes how under-resourced victim support schemes are, leading to a lack of adequate training and personnel. More funding must be applied to give victims the support they deserve. The level of personal sacrifice and risk for individuals who co-operate with prosecutions can be high. Alliance proposes that the Government should reassess its strategy for and the resources for the protection of witnesses.

3.38 Community Restorative Justice. Alliance believes that restorative justice is a successful way of dealing with low-level crime or other types of anti-social behaviour. It is also an important way of socializing offenders, bringing them to terms with the consequences of their actions, and addressing the needs of victims. Furthermore, it can avoid both the financial costs of the formal criminal justice system, and prevent young people going down a line leading to costly and often ineffective detention. Where the victim is prepared to participate, it can be a more effective way of ensuring that their concerns and fears are taken into account. It should also be noted that the restorative justice is most frequently conducted by statutory agencies. However, it is community-based schemes that cause most controversy in Northern Ireland.

3.39 The past and present activities of both Loyalist and Republican paramilitaries in trying to control local communities, and the large number of paramilitary beatings and shootings that they have carried out in the name of so-called "community justice" create a legacy of mistrust. These activities have never had any legitimacy. Paramilitaries acted as judge, jury and executioner, with no consideration for due process under the law or human rights. There are legitimate fears that in Republican areas but also in Loyalist areas, restorative justice may become an alternative to proper policing, and a means for paramilitary organisations to consolidate their de facto control over certain areas.

3.40 Alliance endorses the analysis of the Criminal Justice Review:

3.41 It does mean that those within the community who wish to contribute to the way in which criminal activity is dealt with should work in partnership with, take referrals from and be subject to accreditation and monitoring by the criminal justice system if the rights of individuals, both offenders and victims, are to be protected and upheld. Therefore, Alliance believes that the NIO, Police and other statutory agencies should not endorse community restorative schemes unless they meet certain minimum conditions. Schemes should only accept referrals from statutory bodies, as referrals from the "community" often imply referrals from paramilitaries, with implicit threats to the victim, the perpetrator or both to participate. All referrals that do come to schemes from "community sources" should be re-directed for screening by the Police Service, at the rank of Inspector. All screening of suspected offences or suspected acts of other anti-social behaviour must be conducted at this level.

3.42 Cross-Border Issues. Increasingly, crime is becoming transnational in nature; serious crime, especially drugs-related crime and terrorism, takes no account of administrative or national boundaries. Particular problems include terrorism, and the smuggling of drugs, cigarettes, and other contraband. When the criminals do not respect international borders, law enforcement needs to become increasingly international in character. Alliance supports moves to create transnational law enforcement mechanisms, particularly within Europe.

3.43 With Northern Ireland and the Republic of Ireland sharing a common land border, the problems from transnational crime are particularly acute. The continued threat from dissident Republicans is a major problem. Alliance welcomes the improvements to date in the relationship between first the RUC and now the PSNI with the Garda Siochana.

3.44 Alliance calls for a new "Hot-Pursuit" Protocol, based on the terms of the European Union's Schengen Agreement, to be negotiated between the British and Irish Governments. This will allow the Police Service of Northern Ireland and the Garda to cross over into each other's jurisdictions when in "hot pursuit" of suspects. This could be an important tool in the fight against all terrorists.

3.45 Organised Crime and Financial Investigations. Defeating organised crime involves strategies, resources and efforts to change the hearts and minds that tolerate or engage with organised crime.

3.46 Alliance welcomes the establishment of the Organised Crime Taskforce, and congratulates it on its achievements to date.

3.47 Alliance recognises that there is great public unease at criminals profiting from their crimes, and in particular flaunting their assets. Alliance supports legislation on financial investigations and the seizure of criminal assets, and welcomes the creation of the proposed Assets Recovery Agency.

3.48 However, Alliance is concerned that the proposed human and financial resources for the Assets Recovery Agency do not seem to be sufficient for it to conduct its job effectively. Alliance calls upon the Government to reassess its resource allocation to the Assets Recovery Agency.

3.49 Devolution of Policing and Criminal Justice Powers. Alliance continues to advocate the eventual devolution of criminal justice and policing functions to a Minister in a Northern Ireland Executive, through a Department of Justice. While, we do not believe that local politicians should be interfering in the operational matters of the police, we do believe that such structures should substantially enhance democratic accountability and introduce a sense of cross-community and democratic ownership of the criminal justice system. We note that the Criminal Justice Review has recommended that such responsibilities be devolved to Northern Ireland.

4.1 While determinations on the status of ceasefires remain essentially a political matter for the Government, it is essential that the police and other branches and agencies of the criminal justice system respond effectively to individual and collective challenges to the rule of law and instances of paramilitarism, organised crime or ordinary crime.

4.2 In Northern Ireland at present, there are a number of areas where the law is clearly not being enforced to its full extent, often with detrimental consequences for community relations. Alliance believes that the police and other criminal justice agencies can be more proactive in enforcing the law in a number of respects. However, there are some areas in which the current law is ineffective and needs to be changed.

4.3 The Enforcement of the Existing Law. Mass public order incidents pose major challenges to policing. Such incidents range from riots, including particularly severe examples in and around interface areas, to mass civil disobedience, including the illegal blocking of roads and obstruction of traffic, that can lead to riotous behaviour in contentious parades. They present major drains on police resources, and damage the economy, community relations, and the image of Northern Ireland.

4.4 There is a growing public frustration that people are able to engage in such activities with impunity in that there are very few arrests and subsequent prosecutions. While it may not always be possible for the police to intervene at the time in public order incidents, Alliance believes that greater use should be made of video evidence for follow-up action.

4.5 There are similar frustrations at inaction over the erection of paramilitary flags, murals and graffiti or the painting of kerbstones. These problems are concentrated in, but are not exclusive to, Housing Executive Estates. These insignia contribute to communal separation and segregation in Northern Ireland, and turn many areas into de facto ghettos. They send out a clear signal that paramilitary organisations are asserting their "control" of certain areas, and that people from the perceived other side of the community or in mixed relationships are not welcome. Yet, people right across the community are appalled and feel intimidated by these displays. Alliance rejects the notion that these insignia have anything to do with cultural traditions. Furthermore, they send out a negative image to tourists and potential investors. In the context of institutionalised paramilitarism and the fear of intimidation and violence, it is not reasonable to expect individuals and communities to speak out and demand action as it would in other societies. It falls on the police and other public bodies to be pro-active in dealing with such symbols.

4.6 Alliance urges the police to adopt a more pro-active policy of intervening when paramilitary flags and other emblems are being erected. There are frustrations at the failure of the police to intervene when such symbols are erected, often in broad daylight. In terms of the existing criminal law, Alliance believes that it is possible to cite actions likely to lead a breach of the peace in dealing with those engaged in these activities. The Terrorism Act (2000) does contain an offence "soliciting support for a proscribed organisations", which can be used in connection with symbols associated with paramilitary organisations. Alliance further advocates that consideration be given to the creation of specific offences concerning the erection of flags or other emblems and the painting of murals associated with proscribed organisations.

4.7 In Great Britain, racist symbols would not be tolerated in common, civic space. Indeed, there are examples of local authorities taking down flags, not just because they pose a road hazard, but also because they damage community relations. Yet in Northern Ireland, the authorities allow common civic space to be eroded with impunity.

4.8 At a civil level, bodies such as the DRD Roads Service and the Housing Executive have essentially washed their hands of the problem. They passively wait for community requests to remove symbols which, in practice, are unlikely to come. They further cite perceived risks to their own personnel. However, civil law, namely the Fair Employment and Treatment Order (NI) 1998 (Section 28), creates duties on public bodies to provide their services within a neutral, nondiscriminatory manner. This, arguably, would extend to the removal of flags from lampposts and murals from gable-walls.

4.9 Alliance advocates the creation of an Inter-Departmental Working Group to facilitate an inter-agency approach to these problems.

4.10 Alliance would support civil challenges against the Roads Service and the Housing Executive in respect of their duties to deliver their services in a neutral, non-discriminatory manner under Equality legislation.

4.11 Alliance reiterates its absolute opposition to efforts by paramilitary groups to police communities through beatings and shootings. The term "punishment" attacks is a misnomer, and confirms a degree of legitimacy upon these activities. These attacks are serious breaches of human rights, in that paramilitaries act as judge, jury and executioner, with no consideration for due process. These attacks are wrong in all circumstances, and in no sense should they be tolerated on the grounds that they fill a vacuum pending the formation of a more legitimate police service. In terms of the criminal law, these actions constitute actual bodily harm or grievous bodily harm. There is a notable lack of prosecutions for offences in relation to these activities. Consideration should be given to creating specific offences of engaging in paramilitary attacks/assaults.

4.12 Hate Crimes legislation. In Northern Ireland, there is a long history of attacks upon the person or property motivated by sectarianism. There has recently been an increase in the recorded number of attacks motivated by racism. Furthermore, there is an undercurrent of attacks motivated by homophobia.

4.13 Hate Crimes are laws that provide for longer sentences for existing criminal offences when a hatred motivation can be established as a material consideration in court. Hate Crimes laws have been pioneered in the United States. They were introduced in Great Britain through the Crime and Disorder Act (1997). This legislation created a range of aggravated offences where a racist motivation could be established. Unfortunately, this legislation has not yet been extended to Northern Ireland. Hate crimes affect not just the individual victim, but also offends the inclusive values of a multicultural society. Furthermore, other people who share similar characteristics to the victim also suffer from increased fear. However, ultimately Hate Crimes measures are invoked due to the motivation of the offender, rather than the identity of the victim.

4.14 Alliance has called for the immediate extension of the racially-motivated offences contained within the Crime and Disorder Act to Northern Ireland. Alliance will support the creation of homophobic Hate Crime measures on a UK-wide basis. Alliance also advocates the creation of sectarian Hate Crime measures on a UK-wide basis. An argument can be made that given the particular prominence of sectarian offences in Northern Ireland such measures could be piloted here. Alliance will lobby the Government to ensure that they deliver upon promises to issue a consultation paper on tackling racism and sectarianism in Northern Ireland, including Hate Crime measures.

4.15 Further consideration should be given to reviewing the procedures regarding decisions on prosecutions, and on extension of the length of sentences for offences such as public order.

5.1 Alliance calls for a culture of lawfulness to be fostered within Northern Ireland. A culture of lawfulness exists when the dominant or mainstream culture of thinking in society is sympathetic to and/or consistent with lawfulness and the rule of law.

5.2 It cannot be expected that everyone will believe in the feasibility or the desirability of the rule of law. Nor is it to be expected that all subcultures or sections in society will be imbued with the values of lawfulness. But in a society with such a culture, the average person believes that legal norms and the system for applying, administering, enforcing and changing those norms, are fundamentally fair and just. Furthermore, such a person recognises the benefits that such a system brings to themselves, their families and to society as a whole.

5.3 A culture of lawfulness helps to prevent crime and other violations of the law, as people understand the role that they can play in preventing their own lawless behaviour, and actively work to stop the lawless behaviour of those around them. Most people act in a manner that is consistent with the law because they expect others to behave similarly.

5.4 While at one level, there is a genuine understanding of the need to respect, for example, the Highway Code in order to achieve road safety. In Northern Ireland, there is a tendency for many people to tolerate or engage in paramilitarism, organised crime or mass public disorder. All of these activities carry costs for the rule of law, the economy and society in general, but there is little recognition or understanding of these consequences. For example, there is widespread acceptance that matters such as benefit fraud, tax evasion or the purchase of counterfeit goods are "victimless crimes".

5.5 Work has been conducted by a US think-tank, the National Strategy Information Center, in developing strategies called "Fostering a Culture of Lawfulness". Such strategies involve collaborative efforts from political leaders, the churches, the media, schools and other organisations in civic society. Sicily represents the best example of an inter-sectoral approach to developing such a culture.

5.6 In Northern Ireland, political leaders have a responsibility to lead by example. They should encourage a common conception of the rule of law rather than different qualified versions that merely suit the perceived interests of one or other side of the community. The churches and other institutions of civil society have an important role to play in speaking up for the rule of law and speaking out against examples of lawlessness when they occur. In Sicily, there had long been a code of silence that ignored the existence of the Mafia. This situation began to change in the early 1980s when the Catholic Church slowly began to speak out. Again the media can play an important role in shining a spotlight upon instances of lawlessness, and giving space to individuals to share their experiences.

5.7 Particular emphasis falls on schools and the Department of Education. Curricula can be developed to focus on teaching the value of the rule of law, and the consequences individuals and for wider society. These curricula can employ imaginative techniques, and use examples from immediate experiences and from popular culture. Programmes have been developed in the schools in New York City, San Diego, Mexico, Peru and Georgia. The immediate relevance of this model to Northern Ireland should be readily apparent. Community safety partnerships, given their interagency structure, would seem to be appropriate to take such an initiative forward.