Stormont House Agreement

Debate between Baroness O'Loan and Baroness Randerson

Wednesday 7th January 2015 Lords Chamber

[Baroness Randerson]

The noble Lord refers to the issues related to the past. As was made clear in the Statement, issues associated with the past in Northern Ireland are really the biggest factor that has eluded previous agreements. If this set of bodies proposed here are established and are able to work effectively, clearly considerable progress will have been made. Noble Lords will have noted that there are measures built into this to monitor progress; significant effort is being made to make sure that progress is monitored on a regular basis.

The overall cost of establishing those bodies is not of course precisely known. The £150 million in the agreement is the UK Government’s contribution to that cost but, since those bodies touch upon devolved issues, it is entirely reasonable and totally expected that the Northern Ireland Executive will contribute to their cost. Present arrangements are not necessarily working very well and cost money—so this is not entirely new money.

The noble Lord referred to the costs of division. He knows from his considerable experience that various estimates of the costs of the divided society in Northern Ireland have been made. They are variable, but they all show significant cost to that society every year.

[Baroness O'Loan (CB)]

My Lords—

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[Baroness O'Loan]

My Lords, thank you. I have four simple questions.

First, a number of cases are currently excluded under the Stormont House agreement from the work of the historical investigations unit. Those cases were previously investigated by the historic inquiries team. However, Her Majesty’s Inspectorate of Constabulary has said that many of these investigations were most unsatisfactory. Can the British Government ensure that they will not be embarrassed in future because our Article 2 obligations are not being complied with?

Secondly, can the British Government and the Minister assure us that the Government will ensure that the historical investigations unit has access to all intelligence and information, particularly that held in this part of the United Kingdom by the security services, the Armed Forces and GCHQ?

Thirdly, what actions will the Government take to ensure that the historical investigations unit has the full legal powers that it needs?

Fourthly, does the £150 million have to provide for victims, or will they be provided for separately? On the matter of trauma services there is a massive unmet need in Northern Ireland: that is a costly and lengthy process.

[Baroness Randerson]

The noble Baroness first asked a question relating to human rights obligations. I am sure that she has noted the reference to that in the agreement. There is an awareness by the UK Government, and indeed all those involved, of the need to ensure that the processes abide by human rights obligations. Therefore, there is work to be done, in particular by the Executive but also by the UK Government, to smooth that process.

In relation to access to intelligence information, and indeed access to information in general, the UK Government will of course ensure that the required information is made available, while balancing the need to ensure the safety of individuals, which is an obligation that is always the case in these situations. It is our intention that the bodies concerned will have the powers they need to do an effective and efficient job, particularly on a timescale satisfactory to those who suffered during the Troubles.

Northern Ireland (Miscellaneous Provisions) Bill

Debate between Baroness O'Loan and Baroness Randerson

Tuesday 4th March 2014 Lords Chamber

[Baroness O'Loan]

I listened very carefully to what the noble Baroness has just said, and I want her to clarify whether there was an investigation before the issue of these letters—which proved to be a comfort to some, I have to say—or whether the police were tasked to check whether there were outstanding warrants. Had there been an investigation there would have had to have been a proper review of the investigation file in respect of specific events and the extent to which individuals were linked to them. Was that investigation conducted or was a lesser exercise conducted, which simply examined whether there was sufficient information to justify a warrant for the arrest of someone? I hope that the noble Baroness understands the question.

[Baroness Randerson]

It is my understanding that inquiries were made with the PSNI as to whether the people on the list were wanted for specific offences. However, it is important that this will be examined by the inquiry, which will examine the nature of the whole process, and we will get far more detailed answers than that as a result of the inquiry.

I was saying to noble Lords that people who receive such letters should not consider them to be an amnesty. On the basis that those were simply factual letters, the current Government agreed in May 2010 that the list of names submitted by Sinn Fein to the previous Administration could continue to be checked. That answers questions from one or two noble Lords.

[Baroness Randerson]

I thank my noble friend for that question. I am certain that that will be covered by the inquiry. If it will not, I will of course ensure that he receives an answer to that question in writing.

The Secretary of State has made it clear, and I reinforce it, that if at any time we had been presented with a scheme that amounted to immunity, exemption or amnesty, we would have stopped that scheme, consistent with the opposition of both coalition parties to the previous Government’s Northern Ireland (Offences) Bill 2005, which noble Lords will recall was withdrawn because of the level of opposition to it. We believe in the application of the rule of law and due process, regardless of whether a person is in possession of a letter or will be eligible for early release under the terms of the Belfast agreement. We will take whatever steps are necessary to make it clear to all recipients of letters arising from the scheme, in a manner that will satisfy the courts and the public, that any letters issued cannot be relied upon to avoid questioning or prosecution for offences where information or evidence becomes available now or later. In the light of the error identified in the case of John Downey, the Prime Minister announced—

[Baroness O'Loan]

The Minister has just said that if information became available now or in future, there would be no impediment to prosecution. What would the situation be in respect of evidence or information which is currently in the possession of police but which has not been processed to an extent that it becomes attributable or linked to those named individuals? Will that information be taken into account or is there a line in the sand, and the only information that can be used to prosecute in the future in respect of these named individuals is that which comes to the attention of the police in the future?

[Baroness Randerson]

I fear that the noble Baroness will be frustrated by my answer, which is that that will be clearly part of the information that will become public once the inquiry is finished.

I was referring to the error in the case of John Downey. The Prime Minister announced on 27 February that a judge would be appointed to provide an independent review of the administrative scheme, and I have referred to that several times already this afternoon. I wish to set out the terms of reference of the review.

Northern Ireland: Abortion

Debate between Baroness O'Loan and Baroness Randerson

Wednesday 16th October 2013 Lords Chamber

[Baroness Randerson]

The noble Lord is, of course, very much more aware of the background to this situation than I am. However, the current situation is as the previous Government intended it to be—abortion law in Northern Ireland is left to the Northern Ireland Assembly. It would not be acceptable—I am sure that it would not be acceptable to the people of Northern Ireland—for us to seek to change that unilaterally. I also draw the attention of noble Lords to the fact that when the Northern Ireland Assembly discussed new guidelines on abortion in 2007 they were unanimously rejected by Assembly Members.

[Baroness O'Loan (CB)]

My Lords, I thank the Minister for her comments on the fact that abortion is a reserved matter for Northern Ireland and should continue so to be. Is she aware that abortions do occur in Northern Ireland and that there is an ongoing legal duty to recognise that the unborn child, whatever its state of health, is deserving of protection? Is it not the case that England and Wales now needs to reconsider the law on abortion, given that we have a situation in which it is lawful to terminate the life of a baby simply because that baby is a little girl?

[Baroness Randerson]

On the first point, it is, of course, very much an issue for the people of Northern Ireland. It is a devolved matter and I believe that there is no wish in Northern Ireland for that to change. I would, however, make it absolutely clear to the noble Baroness that it is very certainly not legal to terminate a pregnancy on the grounds of the sex of the child. An investigation into a recent case made that absolutely clear and the Chief Medical Officer will be issuing additional guidance to doctors in the very near future to make sure that that is perfectly clear to all those involved.

Northern Ireland

Debate between Baroness O'Loan and Baroness Randerson

Tuesday 16th July 2013 Lords Chamber

[Baroness Randerson]

The noble Lord makes some extremely important points, and there is the issue of there having been a process of change in loyalist politics and its leadership—but that is now devolved in large part, and the leadership in the Assembly has to develop from within and cannot be dictated from outside. I agree with the noble Lord about the significance of poverty among many in the loyalist communities in Belfast. It is therefore all the more important that Northern Ireland makes the most of the economic package which was agreed recently between my right honourable friend the Secretary of State and the Executive, the First Minister and the Deputy First Minister. That economic package had a specific purpose of reinvigorating the economy in the poorest parts of Belfast.

[Baroness O'Loan]

My Lords—

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[Baroness O'Loan]

My Lords, is the Minister aware of the widespread community support for the Parades Commission and of the fact that there are now very few contentious parades that remain to be resolved? The situation in respect of those contentious parades can be resolved only by discussion. Is she also aware of the extent of the work that was done, for example, in Derry to achieve the level of harmony which existed on 12 July this year?

[Baroness Randerson]

The noble Baroness makes a really important point—that is, to refer us to the past and indirectly to point out the terrible situation that existed prior to the existence of the Parades Commission. It is important to bear in mind that there are many hundreds—thousands—of parades at this time of year in Northern Ireland. The city of Derry/Londonderry, for example, has done a superb job in making sure that its parades are successful and enjoyable and that they do not cause trouble. I had an extremely interesting meeting with the mayor of Derry/Londonderry, in which he pointed out the very simple and straightforward ways in which the sting has been taken out of the situation in that important city. I absolutely agree with the noble Baroness when she says that the Parades Commission has widespread support. The vast majority of the public in Northern Ireland are not interested in a return to the problems of the past.