(10 years, 3 months ago)
Commons ChamberOrder. I am very keen to ensure that all hon. Members get to participate in this statement. I appreciate that the Secretary of State is giving very full answers. May I gently suggest slightly clipped and crisp questions, and crisp answers, as we do have quite a lot of business that we need to move on to?
Does the Secretary of State recognise that although Lady Justice Hallett makes it clear at the start of her report that it is not a whitewash, it does leave a couple of black boxes in respect of Operation Rapid, not least the fact that there is little explanation as to why during that period so many cases on the list went from being “wanted” to being “not wanted”? Lady Justice Hallett gave an assurance that there was no chilling effect, but why then the frozen response on the part of the PSNI whenever it clearly realised that mistakes were made in respect to the Downey letter and why the frozen response whenever the Historical Enquiries Team indicated that it had identified possible evidence in relation to Mr Downey and offences in Northern Ireland?
As regards the names that came from the Irish Government, the Irish Government were involved at various points in the peace process on a number of matters, including this one. As I have said, I regret that Executive Ministers were not briefed at the time. On the prison service, it is not entirely clear how that came about, but it seems that the prison service had a number of individuals on its files who had escaped from prison, and the reason they ended up on the OTR scheme was to establish whether they needed to be sought for a return to prison. It was to clarify the position for the prison service.
I thank the Secretary of State for her statement and her comments that she would have stopped it immediately if she had known. I am conscious of the victims; those are the people I think about. Kenneth Smith, an Ulster Defence Regiment sergeant, was killed on 10 December 1971. His killers escaped across the border. The IRA killer of Lexie Cummings walked out of court and straight across the border and has not returned. Four UDR men were killed at Ballydugan. Eight people were arrested, but none was charged. Some of those are now across the border. The murderers in the La Mon massacre at Castlereagh have also skipped across the border and have risen to prominence in business and political life in the Republic of Ireland. Will the Secretary of State tell us when she will have discussions with the Prime Minister in the Republic of Ireland to ensure that the investigations that will take place in Northern Ireland will mean that those down south who think they have escaped will be apprehended and made accountable?
(10 years, 7 months ago)
Commons ChamberOrder. Before the right hon. Gentleman resumes, may I gently point out to him that he has been speaking for 35 minutes and there are 14 Members who wish to speak in this debate? I do not think they would appreciate a time limit, which may be necessary if he goes on for much longer.
I shall be brief. Given the gravity of the situation and the need to ensure that these matters are properly aired, I do want to give time to other hon. Members to contribute.
The hon. Member for North Down has rightly pointed to the reasons for the absence of the right hon. Member for Neath. We understand also that the Minister of State has another commitment. [Interruption.] I am glad to see that he is now present, although he was not here for the start of the debate.
All sorts of allegations are floating about and it is said that everybody should have known about the scheme. We have dealt with the Sinn Fein comments. We know about their claims that there needed to be invisibility and that the scheme needed to be hidden in case there was a crisis. We have had references to the Eames-Bradley report, but examination of it does not bear out the allegation that the scheme was known. We have seen allegations about the Policing Board. When one examines the record—I will not go into the detail—again, that is disproven.
On the Powell book, I have dealt with that matter clearly. This was not about the administrative scheme. It was about the legislation that was being brought forward, and it is completely wrong to allege that the DUP was somehow part of any kind of information sharing in relation to the scheme. I make no allegation that other politicians in Northern Ireland knew about the scheme either.
Order. May I say to hon. Members that the length of the speeches thus far means that if everybody makes the same length of speech, some Members will be disappointed in this debate? Rather than set a time limit I am going to ask hon. Members to speak for about 10 minutes. This will not be on the clock; I am asking Members to look at the clock when they start speaking and speak for about 10 minutes—if they take 11 minutes, there is no great panic. In that way, everybody will be able to get in. If people take longer, I will, regrettably, need to have a time limit. I think we can all co-operate and make sure that everybody gets the time they need to make their contribution to this afternoon’s debate. That gives us not a huge amount of time for the wind-ups, but sufficient, I hope, to deal with the points that are being made.
(10 years, 11 months ago)
Commons ChamberThe hon. Lady’s courage is truly inspirational. She speaks up without fear or favour. Whether Members agree with her or not, the fact that she shows that courage should be an inspiration to all of us who have the privilege of participating in the political process.
Over the past month I have had the privilege of visiting Northern Ireland twice and have been fortunate enough to meet business people, civil society groups, athletic associations and representatives of inter-governmental bodies, as well as religious and political leaders. It was a privilege to attend the Ulster Unionist party conference in Belfast and the SDLP conference in Armagh. I look forward to attending the DUP conference this coming weekend and to paying a further visit before Christmas to Stormont and the UK’s city of culture, Derry/Londonderry. I have already learnt that Northern Ireland is an amazing place, home to people of tremendous courage and aspiration—a place that has been transformed over the past two decades by the peace process. Despite that remarkable progress, we know that significant challenges remain on security, the economy, building a shared future and, crucially in the context of new clauses 1 and 3, dealing with the past.
I have been particularly moved—and, I should say, troubled—by my meetings with the families of victims of violence. It is clear to me that not only their search for truth and justice, but the scale and depth of the trauma that continues to afflict so many people and communities in Northern Ireland is not sufficiently understood or recognised by outsiders. That is one major reason why the Haass talks are so crucial. As I promised during the recent DUP Opposition day debate on the past, I will make a formal submission on behalf of my party to Ambassador Haass in the next few days, and that submission will be put in the public domain.
Turning to the two new clauses I mentioned and, briefly, to other elements of the Bill, our position on political donations has been clear both when we were in government and now we are in opposition. We support greater transparency on political donations in Northern Ireland and it is a testimony to the progress made by all political parties that we are able to move towards this reality.
I share the view of the right hon. Member for Lagan Valley (Mr Donaldson), who has well made the point in the past that Northern Ireland politicians, serving both at Stormont and at Westminster, made an important contribution to the peace process. However, we agree that now is the time to end the practice of double-jobbing. It is right that this provision applies both to the Assembly and to the Dáil Éireann to maintain parity. As suggested by DUP Members, there is also a valid case for reducing the number of members of the Legislative Assembly, and we believe that this should be done on equal basis across constituencies, with a continued coupling with Westminster constituencies.
Order. I appreciate that the hon. Member has recently taken up his post. He has now made a few general remarks, but I would prefer it if he would come on to deal with the new clauses. Perhaps he was about to do so as I interrupted him.
Thank you, Madam Deputy Speaker. I have a long track record of obeying your instructions in a variety of contexts, and shall do so again.
Dealing specifically with new clause 3, I ask the Minister to look sympathetically at the proposal that the Secretary of State should provide an annual report to the House on the work of the various organisations that deal with the past. As the current Haass talks highlight, dealing with the past in a serious and meaningful way is essential if the people of Northern Ireland are to make progress on building a shared future. While it is right that dealing with any processes relating to the past are led by the Northern Ireland Executive, there must be full and consistent engagement by the UK and Republic of Ireland Governments both because of their central role in the troubles and because likely solutions will require their active participation and their legislative and financial support.
Although we broadly support the Bill, as I said at the beginning of my contribution, it is somewhat disappointing in its lack of ambition. It fails to do anything that will support economic growth or create opportunities for young people, which in my view are the greatest challenges Northern Ireland faces. While those issues are primarily the responsibility of the Northern Ireland Executive, the UK Government have a key role to play.
As the Minister will be aware, unemployment in Northern Ireland remains above the UK average, with almost one in four young people out of work. Too many communities are struggling with the corrosive cycle of poor educational attainment, worklessness and inter-generational deprivation. That is on top of a cost of living crisis in which prices are rising and wages are falling.
In conclusion, the Bill is necessary and, broadly speaking, deserves the support of the House. However, there are far bigger issues facing Northern Ireland that require the full engagement of the Government working with the Irish Government to support the Northern Ireland Executive. I hope this Government will start to show the leadership that is so essential at this crucial time for peace and stability in Northern Ireland.
(11 years, 3 months ago)
Commons ChamberI beg to move amendment 18, in page 7, line 4, leave out from ‘is’ to end of line 41 and add—
‘repealed.
‘(2) Any provision by Act of the Northern Ireland Assembly which provides, by virtue of section 21A(3) or (3A) of the 1998 Act, for the method of appointment of a Minister in charge of devolved policing and justice functions, shall be repealed.
(3) Any Minister in charge of devolved policing and justice functions shall be appointed in the same way as other Northern Ireland Ministers.’.
With this it will be convenient to discuss the following:
Clauses 8 and 9 stand part.
Amendment 18 deals with the appointment of a Justice Minister. I shall not go through the history of the various bits of legislation that have gone through this House—many of them steered through by the right hon. Member for Neath (Mr Hain)—to provide for all sorts of permutations and models for appointing such a Minister. The main parties settled on a version that would allow the Minister to be elected by means of a cross-community vote in the Assembly. Of course, the party that gained that Ministry could then end up having a surplus of ministerial positions over and above its entitlement under d’Hondt.
The right hon. Member for Torfaen (Paul Murphy) will recall the tortuous negotiations that we had, and the fact that we were determined that there should be some sort of proportional system, be it d’Hondt or Sainte-Laguë. We went through the various permutations, and d’Hondt was the one that most people were familiar with, because of their experience with the European Parliament. It was deliberately chosen as an inclusive arrangement and to create a situation in which parties were not in a position to vet or veto each other’s ministerial appointments. We actually used that language in the discussions and the negotiations; the parties did not want to be in a position of being able to vet or veto other appointments.
Nevertheless, when it subsequently came to the arrangements for appointing a Minister of Justice in the context of the devolution of justice and policing, there was a departure from that principle—for all the various circumstantial and other reasons with which we are all familiar. I shall not take the Committee’s time in either rehearsing or rebutting them this evening.
If people went for that formula, straying outside the terms, principles and promise of the agreement, they did so on the basis that it was needed to get the devolution of justice started and it was a way of breaking the impasse ensuring that there were no more standoffs. The progress made overall and in the context of justice and policing, means that we have time to consider whether the exceptional arrangements made in and around the position of the Ministry of Justice should still continue.
This clause is designed to end the aberration in the sense of a party being over-represented—over and beyond the d’Hondt entitlement—but that does not simply correct the matter in itself. As I pointed out on Second Reading, it creates other anomalies and potentially some pressures on the parties.
(11 years, 4 months ago)
Commons ChamberDoes the right hon. Gentleman agree that it is ironic that somebody like me, as the sole Member from a party, has no access to such money whereas multiple Members of another party who never turn up to this place to do the work they are elected to do have access to it for policy support and development?
The right hon. Member for Belfast North (Mr Dodds) has been making his comeback with an amazing tour de force and has been very generous in giving way, but I gently point out that he has now been speaking for 34 minutes and quite a few of his colleagues wish to speak as well. As much as we are enjoying his speech, I am sure that he is going to give us his final words about his views on the Bill.
Thank you, Madam Deputy Speaker.
I have had so many weeks to ponder and consider the contents of the Bill in relative peace and quiet that I have become carried away. I agree with the hon. Member for Belfast East (Naomi Long). Following your injunction, Madam Deputy Speaker, I will not go into detail on the various issues to do with the changes to the rules of court, sharing biometric data, equality and so on—not that I had very much to say about them.
The Bill is relatively modest, but it is significant in the context in which it has been introduced. It is significant in that it moves things forward in Northern Ireland, which is important because when all else is stripped away, the most important thing for those of us who represent the Province here in this House of Commons is to keep Northern Ireland moving forward.
That is not a point of order, but is a point for debate in the Chamber. Members are responsible for what they say in the Chamber. It is not a matter for the Chair unless it constitutes disorderly conduct, and it is not disorderly at the moment.
With respect, the names of constituencies are set by legislation, not by what any one Member may say in the House. I repeat what I said a moment ago. This is a matter for debate, because it does not change the name of the constituency as laid down by Parliament.
I accept the essence of the point of order. I acknowledge that the constituency is probably classified as Londonderry East, but my shorthand for it happens to be “East Derry”. I do not think that there is any particular difference of opinion. [Interruption.] May I continue?
There was the equally weak explanation that although doing so would save money, it would be unmanageable to hold two or three different elections on the same day. Wrong again! The Secretary of State’s consultation paper acknowledged that, if it was required—I quote for the purpose of accuracy and veracity—
“both the Chief Electoral Officer and Electoral Commission are confident that three polls can be delivered”.
So “administrative difficulty” does not solve the mystery.
Could it be that, while the Government’s consultation paper questioned the idea of extending the term of the Assembly, citing grounds of democratic legitimacy as well as questioning any practical need at all, the Government changed their mind as a result of the responses that they had received during the consultation exercise? Was the Secretary of State overwhelmed by consultees pressing for the extension of the life of the current Northern Ireland Assembly? No; that is not the answer either. Several political parties, including my own—the SDLP—and the Ulster Unionists, as well as the Green party, Conservatives and others, were emphatically against this anti-democratic proposal. The DUP and the Alliance were in favour of it, and Sinn Fein did not participate in the formal consultation exercise. Overall, of those consultees who responded directly on this question, 85% were against extending the Assembly term.
At this point the Secretary of State might say that a combination of the DUP, Sinn Fein and the Alliance can command a majority in the Northern Ireland Assembly, which represents broad support for the extension, but the Secretary of State has already acknowledged that she had a letter from those parties as far back as June 2012, some three months before she embarked on her consultation; she knew then that the leaders of those three parties all wanted to extend the life of the Assembly. Indeed, elsewhere in this Bill there are provisions aimed at correcting the anti-democratic nature of the Minister of Justice’s current position, which has already been referred to by the hon. Member for Belfast East (Naomi Long) and my hon. Friend the Member for Foyle. The Secretary of State already knew the views of these parties when she set the height of the bar that had to be cleared if the proposal to extend the term of the Assembly was to go anywhere.
In full knowledge of the views of the parties of the OFMDFM—the Office of the First Minister and Deputy First Minister—the Secretary of State summarised the issue in February this year by saying:
“The Government has consistently made clear that any move to extend the length of the current term could only be made if there was a clearly demonstrable public benefit, and a very large measure of agreement in Northern Ireland.”
The Secretary of State further concluded that the responses to the consultation
“tend to suggest that there does not exist, as yet, significant agreement to this proposal.”
I am sure the Secretary of State would not disagree with what she said then.
That does not help us much with the solving of our mystery, however. The Secretary of State set a clear test of a
“very large measure of agreement”
and concluded that the agreement demonstrated so far had not been “significant”. So in February of this year, in full knowledge of the various political parties’ views on extension, the Secretary of State was against it. What changed?
The Secretary of State also set the test of a “demonstrable public benefit”, but there clearly is not one. OFMDFM Ministers can argue that five years might give the Executive more time to demonstrate its worth, but in fact the opposite is the case. The Secretary of State’s paper of February of this year commented on the “opinion frequently voiced” about
“the perceived inertia of the Assembly”
and concluded that
“extending the term would only add to this.”
In addition, the CBI expressed concern in its consultation response that, at the end of a four-year programme for government, an additional year could just be a year of unproductive drift. Indeed, the proposal to extend the term takes little account of the very significant public disbenefits of moving to 2016, such as having the election so close to the 100th anniversary of the Easter rising, when certain political extremists will try to raise, and then exploit, community tensions on the nationalist side. There are also sinister elements in loyalism that will try to do the same around the important world war one centenaries. That is not a great time to have an election for a fixed five-year term in a fragile democracy.
So, with no “large measure” of agreement and no “public benefit”, what could have made the Secretary of State change her mind? Could it have been the Northern Ireland Affairs Committee? After all, the views of the Committee on Standards in Public Life were given considerable weight in the Bill’s provisions on double-jobbing. No, however, it is not the Northern Ireland Affairs Committee, because, as its Chairman, the hon. Member for Tewkesbury (Mr Robertson), said earlier, it did not support the proposal to extend the term either. Indeed, when the Secretary of State met the Committee in March this year, she stated:
“But it is quite an unusual thing to do, and we would have to be clear about the benefits it would bring, the additional achievements that could be made by the Executive in that extra year, and also have a very clear case made publicly to that effect by the Northern Ireland political establishment.”
So even as late as March this year, the Secretary of State seemed to have no appetite for extending the term of the Northern Ireland Assembly, yet by 9 May, when this Bill was published with the explanatory document, all that had changed. All the consultation responses and the Secretary of State’s own decision criteria had been cast aside in just a few short weeks. What changed the mind of the Secretary of State remains a mystery, and it is a mystery that she must unlock; indeed, the Minister must unlock it here tonight, and it will need to be explored further in Committee.
I believe the decision to extend the Assembly term is an atrocious anti-democratic, and potentially dangerous, development, and flies in the face of most of what the Secretary of State has ever said on the issue. I can find no rational explanation for the change of heart in the Command Paper that was a response to the Northern Ireland Affairs Committee report. The Government do not provide much enlightenment in unlocking the mystery, except that they wish to be consistent with Scotland and Wales in extending the terms of the existing mandates. The Government and Secretary of State have ignored a vital point, however: that the people of Wales and Scotland were aware of the change to the fixed-term mandate before casting their votes in May 2011. The position in Northern Ireland was totally different. The people of Northern Ireland were not involved in this, and they voted for a four-year mandate. The only person who could do something to overrule the Secretary of State is the Prime Minister himself. Is a prime ministerial intervention the answer to our mystery?
So I put it to the Minister, who will be responding to the debate: how often, and when, did he and the Secretary of State discuss this matter with the Prime Minister? Did the Prime Minister direct the Secretary of State to concede the Assembly’s term extension to those who lobbied him for it? And we know who lobbied him for it: the DUP, Sinn Fein and the Alliance party. If he did, what explanation did he give? Can the Secretary of State, or the Minister of State, as it will be in this instance, tell me what impact this sordid U-turn had on the credibility of the Northern Ireland Office and will have on any future NIO consultations? What faith will the people of Northern Ireland have in such consultations? The NIO and the Secretary of State must never forget that she and her equivalent in the Irish Government are the custodians of the Good Friday agreement. [Interruption.] This is no laughing matter, because when we went to vote in the Assembly elections in 2011 we voted for a four-year mandate, so the people will feel duped. Given the weight of evidence against the extension of the Assembly’s term, surely there is some way in which the Government will be prepared to reconsider this fundamentally anti-democratic measure. Obviously we look forward to discussing the issue further in Committee—or perhaps we should start lobbying the Prime Minister.
I thank the right hon. Gentleman for his intervention, but I think that there have been some memory losses here. [Hon. Members: “Oh no.”] Oh yes, because I can well recall, as can my hon. Friends the Members for Belfast South (Dr McDonnell) and for Foyle—the latter was Minister for Finance and Personnel and subsequently Deputy First Minister—the considerable periods of suspension, when the people of Northern Ireland suffered dreadfully as the DUP sat outside the Executive and did not participate.
Order. The entire Chamber is debating this Bill, not just the hecklers in one corner of the Chamber. I would appreciate it if we could listen to each speaker courteously. Perhaps we will be able to stop the heckling now and continue with the point being made, bearing in mind that another debate is also scheduled for this evening.
Thank you, Madam Deputy Speaker. I am mindful of your advice on this matter, so I will move towards a conclusion. We have had an interesting debate this evening on the issue.
Although I would like to see that mystery unlocked this evening, there is also a need for a wider conversation that addresses the next phase of devolution. There is a need to devolve telecommunications and the Driver and Vehicle Licensing Agency to Northern Ireland, and we must also consider the character of constitutional discussion and the requirements to secure and advance policing. I will never forget that the SDLP, along with the Ulster Unionists, brought about that change in policing. My party, many times, single-handedly worked to bring about that new dispensation in policing.
Justice must be discussed, as well as the rights and equality achievements of recent years, and we need a deeper recognition from London of the nature of the Northern Ireland economy. We require further debate about those issues—not reserved to certain individuals, but in this Chamber and with these Ministers—and about our welfare profile and the impact of welfare changes on the economy of Northern Ireland and on the general health and well-being of our local population, the potential for the bedroom tax and the geopolitical considerations of housing and social housing location in Northern Ireland. Above all, the unfinished work of reconciliation and healing must take place within the north, on the island and between Britain and Ireland, and we must consider how London can move away and move with the Irish Government to help us to address issues to do with the past.
It is important that we discuss all those issues within the emerging politics that are Northern Ireland and that are the island of Ireland. We all look forward to such a participative democracy on these issues and to getting answers about how the decisions were made about moving from four to five year mandates. The people did not elect Members to the Assembly for five years, but for four. As that is the kernel of the Bill, I feel that the people I represent deserve an answer.
Order. We have gone a little wide of the Bill in the exchanges that have just occurred, but I think that this matter has been well aired on the Floor of the House. I should be grateful if the right hon. Gentleman returned to the specific provisions in the Bill.
Thank you, Madam Deputy Speaker.
We welcome most of the Bill’s provisions. However, we will want to table a number of amendments in Committee. The past few years have been difficult and challenging. As the Secretary of State said—and she was echoed by the hon. Member for Gedling (Vernon Coaker)—the Bill, and the manner of the Bill, represents a mark of progress. We are beginning to deal with issues that one might describe as reasonably normal. Nevertheless, there is a legacy that we still need to address. I am not sure that the Bill is the right vehicle for taking the initiative, but there is a need to address elements of the legacy.
Like many of my right hon. and hon. Friends, I have not always regarded elements of the peace process as something we could fully embrace. It has been difficult—I accept that it has been difficult for both sides in Northern Ireland—and challenging. Elements of the peace process have caused people a lot of pain and hurt, not least the early release of prisoners, and so on.
However, there is one aspect that goes to the heart of the sense of injustice felt by many victims in Northern Ireland on both sides of the community. I am disappointed that the Bill has not yet provided us with an opportunity to address this and I think it ought to do so. That relates to the definition of a victim. In Northern Ireland at present—this is hard to believe, but it is true—a victim of the conflict, if I may use that term, is defined as anyone, no matter who or what they were, who lost their life in the course of the troubles.
Let us consider that for a moment. It includes, in effect, the people who pulled the trigger, who wore the balaclavas, who were members of illegal organisations, who planted the bombs and who skulked in the shadows if they lost their lives, sometimes through their own actions—killed by their own bomb, as in the case, for example, of Thomas Begley in the Shankill bombing in the constituency of my right hon. Friend the Member for Belfast North (Mr Dodds). Thomas Begley blew himself up with his own bomb and murdered nine—I think it was—innocent people that day on the Shankill. Thomas Begley, under the definition of a victim, is as much a victim as the innocent men, women and children whom he killed that day on the Shankill road.
Equally, the definition covers the attack that occurred in Loughinisland in the constituency of the hon. Member for South Down, where six people were killed in a public bar while watching a World cup football game. They were killed by loyalist paramilitaries. The irony is that every one of those six victims is equated with the people who committed the murders. If, for example, one of the loyalist group that killed those six men subsequently lost his or her life, they would be regarded as a victim.
I cannot come to terms with that. I cannot believe that in dealing with the past—and we must address the legacy issues—we can continue to go forward with a definition that says, “If you were a child walking down the street or going into a fish shop on the Shankill road with your mother on a Saturday afternoon and your life was cruelly cut down, you are the same as the person who, that morning, planned the attack, primed and transported the bomb to the scene and then detonated the bomb.” I cannot accept ever that it is right to equate the bomber with the innocent civilian, no matter who or what side the victims came from.
(11 years, 6 months ago)
Commons ChamberOrder. May I inform hon. Members that we have just under 50 minutes left for this debate? There are five Members wishing to catch my eye. If each speaks for nine minutes—nearly 10 minutes each—we should get everybody in comfortably, ready for the shadow Minister and the Minister to wind up.
(11 years, 11 months ago)
Commons ChamberOrder. I should inform Members who wish to take part in the debate how it will run for the rest of the afternoon. Five Members wish to participate, and we are due to start the wind-ups at around 4 o’clock. I am not putting a time limit on speeches now, but asking each of you to consider the clock to ensure that the time is allocated fairly between you. Otherwise, I will do it for you.
(12 years, 8 months ago)
Commons ChamberOrder. Before I call the remaining speakers—there are two—I should tell them that I intend to call the wind-ups at 5.8 pm. If they could share the time, that would be very acceptable to all Members in the Chamber.
(12 years, 8 months ago)
Commons ChamberI am grateful to the hon. Gentleman for giving way. I am sure that I speak for the whole House in saying that our profound sympathies are with him in the memory of Kenneth Smyth. There is a great deal of concern across the House about the time frame in which the HET—
Order. Will the hon. Gentleman turn around so that we can all hear him?
I apologise profoundly, Madam Deputy Speaker. There is a great deal of concern throughout the House about the time frame in which the HET conducts its inquiries. The Northern Ireland Assembly has requested that the Secretary of State hold multi-party talks on this subject. Does the hon. Gentleman agree with me that that seems to be a positive way forward, in accordance with the expressed formal wish of the Northern Ireland Assembly?