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Edited by
Liz McDonald, East London NHS Foundation Trust,Roch Cantwell, Perinatal Mental Health Service and West of Scotland Mother & Baby Unit,Ian Jones, Cardiff University
This chapter examines the key principles of applying mental health and capacity legislation in the perinatal period. The four nations of the United Kingdom have different legislative frameworks. England and Wales are governed by the same legislation – the Mental Health Act 1983 (MHA) and the Mental Capacity Act 2005 (MCA), although with some minor variations. Scotland has an entirely different framework – the Mental Health (Care and Treatment) Act 2003 and the Adults with Incapacity Act 2000. Northern Ireland is in a (slow) transition from having mental health legislation (the Mental Health (Northern Ireland) Order 1986) sitting alongside, in effect, no formal framework for thinking about capacity, to ‘fused’ legislation (the Mental Capacity Act (Northern Ireland) 2016) with no stand-alone mental health legislation. This chapter focuses on the position in England and Wales, primarily because it has the largest body of case law to help understand how to think through the dilemmas covered; for those in other parts of the United Kingdom grappling with those dilemmas, the most useful resource is the BMA’s Ethics Toolkit which has specific sections for each of the nations.
Reparations are a key mechanism for delivering justice to victims and survivors of armed conflicts. The first generation of victim engagement was marked by demands for reparations from state authorities, making them a core element of post-war justice. This chapter examines how the nature of a past conflict shapes the conditions for victim engagement in reparations. It is shown that social classifications of victim groups that arose during or prior to conflict act as a moderating factor, influencing who is deemed eligible for compensation. However, these classifications are not fixed; victims and survivors can actively reshape them through transitional justice processes. This chapter examines how social classifications shape reparation policies by analysing three case studies – Guatemala, Timor-Leste, and Northern Ireland – each representing a distinct type of conflict. It explores the opportunities and constraints victims face in articulating and securing compensation claims, highlighting how these are influenced by evolving social classifications.
This chapter examines Northern Ireland’s literary culture from the 1930s to the 1960s, highlighting how writers identifying as ‘Irish’ engaged with British institutions like the Left Book Club (LBC) and the Workers’ Educational Association (WEA). This reflects the complex identities characterising Protestant identity before and after the Second World War. During this period, the Belfast and broader Ulster context of the ‘Progressive bookmen’ represented a vibrant yet overlooked literary environment, challenging the narrow perceptions of a bigoted provincial atmosphere.Louis MacNeice (1907–63) was the most prominent of the writers discussed, alongside other influential figures like John Boyd (1912–2002), W. R. ‘Bertie’ Rodgers (1909–69), and John Hewitt (1907–87). All were steeped in leftist thought and opposed the Ulster Unionist establishment. The passing of the Flags and Emblems Act of 1954, codifying British symbols, and the rising tide of Irish nationalism posed significant challenges.Despite this, these Protestant writers advanced their values in union halls, WEA classes, pubs, and media outlets. The chapter explores their connections to local publications, the Labour movement, the Spanish Civil War, nationalism, and the BBC. Ultimately, while the Northern Irish conflict overshadowed the Progressive Bookmen, this chapter highlights their rich literary heritage and complex identities.
Since the late 1980s, Northern Ireland has seen a radical electoral shift away from the historically dominant parties in the Catholic and Protestant blocs – the Social Democratic and Labour Party (SDLP) and Ulster Unionist Party (UUP), respectively – towards the traditionally more ‘extreme’ parties – Sinn Fein and the Democratic Unionist Party (DUP). This change in aggregate support has been accompanied by increasing differences between generations as older cohorts of UUP and SDLP supporters have been replaced by newer cohorts of DUP and Sinn Fein partisans. This is not a result of increased polarisation in values and attitudes (whether overtly political or simply communal intolerance) among younger cohorts who are, if anything, slightly more moderate than their forbears. Rather, this results from the changing political context in which new generations have been socialised – in particular the expanded choice sets facing voters as they have reached voting age. This in turn has positive implications for the consolidation of devolved democratic governance.
Alternative accounts of the Northern Irish peace process are analyzed. It is noted that neither Unionist nor Republican accounts accord a significant or positive role to civil society in the reaching of a political settlement. It is only in what might be called the metropolitan liberal perspective that influence is attributed to the role of civil society in achieving a settlement. Two junctures at which civil society, centered on the third sector, played a prominent role in the peace process are analyzed: the Opsahl Commission before the launch of the peace process in 1993 and the nonparty “Yes” campaign during the referendum on the Belfast Agreement in May 1998. The paper then goes on to discuss why the influence of civil society has declined since the referendum, and draws attention to the conflict between the top-down implications of the consociational nature of the Belfast Agreement and the bottom-up promotion of political accommodation through civil society.
Third-sector organizations provide essential services, but not all types of organizations operate equally well given different intensities of public problems. This article argues for maps that would help social service funding bodies. Those maps would include three elements: (1) a measure of service demanded by a community, (2) data on the full range of organizations able to supply those services, and (3) a chart that identifies those organizations that provide services at different intensities of need. By providing information about the supply of organizations in a community, with measures of demand for services, state funding bodies, foundations, and individual philanthropists can make informed decisions about where to allocate funds. An ideal map is illustrated by using the case of the Holy Cross Dispute (2001), whereby a host of voluntary sector organizations provided a voice for residents in this divided Belfast community. The result is a call for more intensive mapping exercises of voluntary sector social service provision.
This article examines a decade of charity law review processes in six jurisdictions—Australia, New Zealand, Northern Ireland, Scotland, England and Wales and Ireland. Using a life-cycle basis viewed through a functional comparative lens, it examines review terms of reference, stakeholder involvement in public consultations, report recommendations and governmental responses. The article compares post-review recommendation implementation across government-owned and independent review processes. In identifying areas most open to and most difficult to reform (including charity definition and advocacy) and probing the hidden state/non-profit sector tensions that underlie such reform attempts, this article provides new insights for future review processes.
While there is a long established and deeply embedded tradition of voluntary action and nonprofit organizing in Ireland, there has been very limited debate on a philosophy of voluntary action or on the place of the third sector in a modern democratic state. It is against this background that practitioners and academics are beginning to articulate their individual understandings of the role of the third sector in Irish society. This paper presents a framework developed from three questions to consider the place of the third sector in a modern democratic state. The questions are: What are the roles of the third sector in a society? What relationships exist between the third and other sectors? How are third sector organizations resourced within that societal context? Answering these questions contributes to a conceptualization of the third sector in Ireland, North and South.
This paper explores the complex process of hybridisation of third-sector housing and support organisations (TSOs) in Northern Ireland. The focus of the study is the policy field of housing-related support services, known in the UK as ‘Supporting People’. This is a hybrid policy field involving several government departments, a number of market mechanisms and two types of third-sector actors. The exercise of organisational agency to adapt to competing drivers is illuminated through mental health and homelessness case studies. The paper explores how competing external influences from the Northern Ireland Assembly, horizontal policies for the third-sector and vertical service commissioning policies interact with TSOs’ own adaptation strategies involving the deployment of robust third-sector identities. Hybridisation is found to involve not only the dominance of state drivers and the promotion of market mechanisms in both fields, but also enactment of third-sector identities. Our analysis of hybridization in this case counters Billis’ (2010) representation of third-sector identity as weak, in flux, and subject to erosion by focusing on the agency of TSOs to strategically adapt to and negotiate external drivers and thereby achieve competitive advantage. Through the enactment of identity in this adaptation process, resources such as legitimacy, charitable income and volunteers are secured. This provides opportunities for policy makers to add value if they are prepared to emphasise horizontal over vertical policy goals.
The recent attention on civil society has brought new focus to the third sector. This welcomed attention accentuates the need to specify the role of the third sector in promoting civil society, generally, and in promoting democratic civil society, specifically. This paper describes and examines the “YES” Campaign that had roots in the third sector of Northern Ireland and which conducted a nonpartisan campaign to win approval for the Belfast Agreement of April 1998. The case of the “YES” Campaign illustrates some direct and intentional roles of third sector organizations in promoting a more democratic civil society, and offers a basis for further study of these roles.
In the United Kingdom, the “New Labour” administration that came to power in 1997 has promoted two models of partnership between the state and the voluntary sector. The civic engagement model is based on the renewed interest among governments in the potential of voluntary organizations to contribute to the civic engagement of citizens. In the service delivery model, voluntary organizations are recruited to the task of delivering core social services. Drawing on data from disability-related voluntary organizations in Northern Ireland, this paper illustrates the impact of the service delivery partnership model on the development of voluntary action in the welfare field, and the relative paucity of resources allocated to participatory voluntary action and civic engagement. The consequent impact on the development of partnerships between the state and the voluntary sector is discussed.
This paper considers the development of voluntary action in Northern Ireland and the Republic of Ireland. Drawing on research conducted during 2002-2003 at the Centre for Voluntary Action Studies at the University of Ulster and funded by the Royal Irish Academy, it is argued that the way that voluntary and community organizations developed in Ireland’s two jurisdictions after the partition of the island in 1922 illuminates debates on the role of states in structuring the civic space in which voluntary action occurs. It illustrates, in particular, the interaction of state policy drivers with the cultural and ideological forces that shape voluntary action. Analysis lends support to the view that state action, together with cultural trends and social capital resources, is the crucial determinant of how the voluntary sector develops in a jurisdiction.
This paper applies “organizational field” analysis to compare the structure of the third sector housing fields in Northern Ireland and the Republic of Ireland. Following preliminary accounts of history, structure, funding, and regulation, four key dimensions of field structure are compared: interaction, subgroups, structural equivalence, and patterns of domination. In both fields studied, early steering by the state into specialist roles has been overtaken by state funded expansion in general needs housing—increasing the dominance of larger organizations and tensions around voluntary sector identity. However, differences remain in the extent of domination and tightness of field structure, with greater emphasis on “whole organization regulation,” and adherence to professional and trade bodies in Northern Ireland. It is also shown how cross-border activity and the espousal of a “European model” will influence future trajectories.
Civil society organizations (CSOs) have important roles to play in building trust in post-conflict societies. This research examined how 25 CSO peacebuilders use communication to build trust in Northern Ireland. Our findings suggest that peacebuilders work across different levels of society as trust intermediaries. Communication is central to CSO peacebuilders’ practice in engendering trust and in demonstrating their trustworthiness as individuals, inter-group facilitators and organizational representatives. Synthesized from our data, a communication toolkit from ‘low level’ communication intervention to ‘high level’ persuasion explains the strategies that CSO peacebuilders employ to mitigate distrust and nurture trust as they work towards peace in Northern Ireland. We propose this toolkit might be malleable to trust building in other conflict-affected contexts.
This paper presents a case study and analysis of Co-operation Ireland, a nonprofit cross-border peace and reconciliation organization. The case description traces the interplay between the organization’s development and its operating environment. Three broad, overlapping periods of relationships with different constituencies are identified. The requirements of managing these relationships and their impact on organizational development are highlighted. The pattern of financing of the organization is examined to identify critical, legitimizing relationships. Resource dependence and institutional theory are utilized to analyze the bases for legitimation of the organization over time. It is proposed that nonprofit organizations without independent resources are particularly sensitive to environmental constraints.
This paper traces the development of the voluntary and community sector in Northern Ireland from the early 1970s onwards. Particular attention is given to the expansion of the voluntary and community sector in the 1970s, community action in conflict with government in the 1980s, and new funding—from the European Union and other international sources—for development work since the mid-1990s. More recent trends discussed include the rapprochement of the voluntary and community sector with government, which has seen a growth in formal partnerships and networking, as well as the impact of the 1998 Belfast Agreement.
In some divided societies, identity-based groups engage in ‘contentious rituals’, such as public parades or commemorative events, to cultivate the group’s collective social memory and build solidarity. We examine whether and how such rituals perpetuate group divisions in post-conflict societies, drawing on evidence from a case study of parading in Northern Ireland. Every year, contentious parades in this post-conflict society have the potential to raise tensions between the two major communities, Catholics and Protestants. Using a mixed-methods design, we show that parades in Northern Ireland are detrimental to intergroup attitudes. Our research design relies on compiling geolocated data on over 55,000 parades (2002–22), analyses of both nationally representative longitudinal surveys (2003–19) and an original survey fielded in 2022, and insights from qualitative fieldwork conducted during the height of the parading season in 2023.
Northern Ireland typifies a highly constrained government. In this case, institutional constraints on the British government lead to a strategy of concession in which transition justice is offered to appease the demands of strong domestic constituencies without a genuine attempt to reckon with past wrongdoings by the British state. By engaging transitional justice for some emblematic cases and not others, the government further propagates the sectarian divisions that legitimate British control. The chapter begins with a discussion of the conflict in Northern Ireland and outlines the wrongdoings committed by the British state. I then evaluate the concessionary strategy that accommodates only certain demands for state accountability. Next is an evaluation of that strategy in practice through a focus on public inquiries and the Historical Enquiries Team. These mechanisms showcase the way certain events and experiences have been thoroughly investigated and adjudicated while other incidents have been obstructed or ignored. To explore the strategy beyond Northern Ireland, I examine transitional justice in the Central African Republic.
Now more than ever the international community plays a central role in pressing governments to hold their own to account. Despite pressure to adhere to global human rights norms, governments continue to benefit from impunity for their past crimes. In an age of accountability, how do states continue to escape justice? This book presents a theory of strategic adaptation which explains the conditions under which governments adopt transitional justice without a genuine commitment to holding state forces to account. Cyanne E. Loyle develops this theory through in-depth fieldwork from Rwanda, Uganda, and Northern Ireland conducted over the last ten years. Research in each of these cases reveals a unique strategy of adaption: coercion, containment, and concession. Using evidence from these cases, Loyle traces the conditions under which a government pursues its chosen strategies and the resulting transitional justice outcomes. This title is also available as Open Access on Cambridge Core.
Brexit was a great revealer in many respects. In relation to Northern Ireland, it revealed the almost invisible role that joint EU membership had played in providing a scaffold for the peace process in the province and in resolving a postcolonial conflict with cross-border dimensions. In addition to EU political support and in facilitating good relations between Ireland and the UK, joint membership of the single market and customs union, along with the Common Travel Area between the two jurisdictions, reduced the practical and symbolic effect of the border between Ireland and Northern Ireland. It was thus the functional effects of single market law which provided the context within which a postcolonial conflict with cross-border dimensions could be managed. Brexit, particularly of the ‘hard’ variety, threatened to reintroduce this border, undermining a key element of the peace process. The Ireland/Northern Ireland Protocol or Windsor Framework is an imperfect substitute which results in an extremely complex legal landscape of multiple interacting sources of law: a form of legal pluralism or even legal entanglement.