Northern Ireland (Miscellaneous Provisions) Bill

Baroness Laing of Elderslie Excerpts

Monday 18th November 2013 Commons Chamber

[Mark Durkan]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

With this it will be convenient to discuss the following:

Amendment 3,  clause 6, page 6, line 37, at end add—

‘7B The alteration of the number of members of the Assembly required to express their concern about a matter which is to be voted on by the Assembly, such concern requiring that the vote on that matter shall require cross-community support.

This paragraph does not include the alteration of that number to a number exceeding 30.”.’.

Amendment 4,  clause 22, page 16, line 3, at end insert—

‘(1) After subsection (2) of the section 75 (Statutory duty on public authorities) of that Act insert—

(2A) A public authority shall not interpret its obligations under subsection (2) in a way that is incompatible with measures taken on the basis of objective need.”

(1B) In subsection (5) of section 75 of that Act insert ““good relations” shall be interpreted in line with international obligations and, in particular, with regard to—

(a) tackling prejudice, and

(b) promoting understanding.”.’.

This amendment would apply to Northern Ireland, the clarification provided in the Equality Act 2010 to restrict the good relation duty being cited against fulfilling equality obligations based on objective need.

[Mark Durkan]

The new clause and amendments are intended to return the position to what was intended in the Good Friday, or Belfast, agreement of 1998. New clause 2 seeks to reflect properly what was in paragraphs 11, 12 and 13 of the strand 1 paper, which provide for a petition of concern in respect of a measure or a proposal in the Assembly. Those paragraphs make it clear that the petition of concern was not meant to be used as an open veto to be played like a joker at any time.

The position relating to the petition is qualified in the agreement, but unfortunately that was not reflected in the Northern Ireland Act 1998. In the initial Bill, there was no reflection whatsoever of the true provisions of paragraphs 11 to 13. When some of us pointed that out, the Northern Ireland Office “scrambled in” a measure stating that the Assembly’s Standing Orders should make provision for the procedures outlined in those paragraphs, but unfortunately the Standing Orders never did make that provision. They ended up providing for a petition of concern which could be signed by 30 Members, and that automatically became a dead-end veto: end of story.

This new clause seeks to remind people that the Good Friday agreement said that those issuing a petition of concern would have the opportunity to prove they had a legitimate concern on grounds either of equality or human rights and that those grounds would be tested by a special committee that would be established in the Assembly to report on the matter. We worked that out very painstakingly during the negotiations because people were concerned that a petition of concern might simply become a drive-by veto, as it were, on any issue going forward or even being tabled, which could lead to gridlock with tit-for-tat vetoes and petitions of concern. The then leader of the Alliance party, now Lord Alderdice, spoke very strongly in the negotiations about his concern that we should not have just an open-ended free-for-all system of vetoes.

The notion of having petitions of concern is rightly in the agreement, not least because having protections around decision-making mechanisms was a key part of the rules in the negotiations that led to the agreement, and, therefore, if it was essential in the rules that led to the agreement, it would be essential in the agreement itself. The particular model of protections had to be carefully balanced and calibrated, however.

The balance we came up with was that there could be a petition of concern, but it would not of itself be a veto. Unfortunately, the system as it is now practised does turn the petition of concern into a veto. That has meant that many matters in Northern Ireland end up not progressing, and some are not even tabled at the Executive or in the Assembly because the veto is now also used as a predictive veto, to prevent issues from being tabled and to hold things up in discussion within the bowels of government somewhere.