Laurence Robertson debates involving the Northern Ireland Office during the 2010-2015 Parliament

Oral Answers to Questions

Laurence Robertson Excerpts
Wednesday 28th January 2015

(9 years, 11 months ago)

Commons Chamber
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Andrew Murrison Portrait Dr Murrison
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As the right hon. Gentleman will know, because he will have read the Stormont agreement, this item was left largely unresolved, although open. I am afraid to say that the problem revolves around the definition of victims, notwithstanding the 2006 order. That is work in hand and it is something that we will have to return to.

Laurence Robertson Portrait Mr Laurence Robertson (Tewkesbury) (Con)
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May I join the Minister in paying tribute to all the many charities and voluntary organisations in Northern Ireland, which, as he rightly says, have done so much invaluable work over the years? What recent review has he done of the potential for the Civic Forum for Northern Ireland to contribute to bringing people together in Northern Ireland?

Andrew Murrison Portrait Dr Murrison
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My hon. Friend is right to refer to the Civic Forum. It is clear that we need to hear those voices in Northern Ireland, which is a part of the United Kingdom where politicians are not necessarily all held in high regard, Members of this House excepted. It is important that we look for alternative voices, and I am sure that in the months and years ahead, with the assistance of the Stormont House agreement, that civic voice will be heard more and more.

Corporation Tax (Northern Ireland) Bill

Laurence Robertson Excerpts
Tuesday 27th January 2015

(9 years, 11 months ago)

Commons Chamber
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Sammy Wilson Portrait Sammy Wilson
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That was exactly the point I was going to make. Having said that there are exceptions to this, the exemptions are important because one of the fastest-growing sectors in the higher wage end of the Northern Ireland economy has been those back-office financial services jobs. We would not want to lose the ability to attract them. There is provision in the Bill to allow for that. Whether they are brought as separate or spur companies to the main company, they will nevertheless be subject to the new regime.

There are some dangers. One danger we have heard about time and again—it was alluded to by the shadow Secretary of State—is the potential loss of public sector expenditure. Under the Azores ruling, we will have to pay for whatever the forgone revenue happens to be. That will depend on the rate we eventually set. At maximum, it could be about 3% of the current revenue budget available to Northern Ireland. In the current circumstances, to try to find that immediately would be very difficult, which is one reason why the decision to introduce this will not be implemented until at least 2016-17. That will give the Executive time to plan.

We must remember, however, that the reduction in the block grant and money available for public expenditure in Northern Ireland will be offset by the expansion in other parts of the economy. Yes, that is a gamble, but can we politicians in Northern Ireland sit on our hands and do nothing, knowing that public expenditure is going to tighten, regardless of whether there is a Labour or Conservative Administration, given how heavily reliant we are on public expenditure? That would be wrong. The shadow spokesman wants to know the reason for my alleged conversion. This is one of the issues to weigh in the balance. Can we just drift along, knowing that regardless of which party is in government at Westminster the public sector is going to contract, and make no provision for expanding the private sector?

Laurence Robertson Portrait Mr Laurence Robertson (Tewkesbury) (Con)
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I agree entirely with the hon. Gentleman. On the reduction in the block grant, however, we do not know what the block grant will be in 2017. It might be higher than expected, in which case perhaps the consequential drop would not be felt. It could also be argued that the recent agreement at Stormont House already mitigates any reduction.

Sammy Wilson Portrait Sammy Wilson
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Given the comments from the hon. Gentleman’s party and the Labour party, I suspect the grant will not be higher. Furthermore, we still have to deal with our dependence on public sector expenditure. It is being squeezed all the time, and therefore we need to look at rebalancing the economy.

--- Later in debate ---
Laurence Robertson Portrait Mr Laurence Robertson (Tewkesbury) (Con)
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It is a pleasure to follow the hon. Member for East Antrim (Sammy Wilson), who drew on his experience in the Northern Ireland Assembly to make a very useful speech. I also congratulate the Secretary of State on introducing the Bill, which has taken a good deal of skilful negotiation, and on doing so before the election. It would have been easy to push it back. I think the whole House is grateful to her.

I also pay tribute to my right hon. Friend the Member for North Shropshire (Mr Paterson). I had the pleasure of working with him in opposition when he thought outside the box and came up with this idea. Yes, it had been discussed to some extent, but it had not been fully discussed in this place. At the time, there was opposition, as there always is when somebody comes up with a radical new idea, but he had the foresight, determination and courage to press ahead, and when he became Secretary of State, he made it clear that it was one of the most useful things we could do for Northern Ireland. We are now seeing the benefit of his work.

A few years ago, this proposal was the first thing the Select Committee looked at when we wanted to find something that moved us away from the orange and green issues and the security situation—serious though it was—to look at different ways of helping the people of Northern Ireland. We thought that the economy was one way we could do that. We took evidence from a great many witnesses—businesses, trade unions and very many other people—and eventually came up with a report that recommended the devolution of corporation tax to the Assembly. I should point out that it was not a unanimous decision. Several Committee members had concerns or reservations, a number of which have been addressed by the hon. Member for East Antrim. However, we felt that the benefits would be overwhelming and that we could address the problems that the decision might throw up.

As has been said, Northern Ireland is the only part of the United Kingdom that shares a land border with another country, and that country happens to have corporation tax at a much lower rate. As has been pointed out, southern Ireland—the Republic of Ireland—stuck to that policy through thick and thin. I remember going to see the EU Commissioner when the Select Committee was looking at the issue. He was rather dubious about the Republic of Ireland’s low level of corporation tax and expected that it would have to roll over, give way and increase the rate. However, as I said to him, that might have been okay in the short term, but what would it have done for the Republic of Ireland’s longer term prospects? I am glad that that country won the day.

I recognise—I say this as a Unionist—that there was some concern about setting the rate of corporation tax in Northern Ireland to match that in the Republic, as though that was somehow giving up or compromising on Britishness. It is nothing of the sort. We have a single electricity market across Ireland. Ireland is promoted as one for tourism—I think we could do more on that—and there are experiments with common visa arrangements. All that is sensible. To me, that is not about green or orange; it is not about Britain or a united Ireland. These are sensible measures. Giving the Assembly the ability to cut the rate of corporation tax in Northern Ireland to compete with the south would be a simple and sensible arrangement, and there is a need to do it.

As we have seen from the economic statistics, which have been discussed in the House and repeated many times, Northern Ireland lags behind on many measures when compared with the rest of the United Kingdom. It is doing okay—it is improving and getting there—but it really needs a boost to move it along rather more rapidly. That is why, interestingly, as well as most members of the Committee and most witnesses agreeing with the proposal to devolve responsibility for corporation tax to the Assembly—along with every political party in Northern Ireland, which is rather unusual—the Irish Government agree with it too. I have heard the Taoiseach on more than one occasion say that he thinks it would be a good idea for Northern Ireland to be able to have the same level of corporation tax. He does not see it particularly as a threat; he sees it as a sensible move.

The Committee also found that corporation tax in itself is not necessarily the silver bullet. It is not going to transform the whole economy—other measures are needed, such as improvements in the planning regime and many other areas—but it is a good headline grabber. It will grab the attention of the business world, and that can only be a good thing. For example, just a few weeks ago the Committee travelled to Belfast and had a meeting with Senator Gary Hart, who was over to help with the discussions. We put the point to him, and he said the change would remove one of the reasons for not investing in Northern Ireland, because when people look from afar and see the island of Ireland, where are they going to go? Of course, other factors come into play too, but if corporation tax is 12.5% in the Republic and 20% in Northern Ireland, surely that is a draw towards the Republic of Ireland. He said he would be willing to try to set up a trade delegation from the United States to come to Northern Ireland with a view to exploring the investment opportunities. That has to be a very positive move indeed.

Again looking from afar, it is not just that Northern Ireland shares a land border with the Republic of Ireland that is a compelling reason for making this move. Northern Ireland is also part of an island off an island. If it is exactly the same as the rest of the United Kingdom, what is the benefit of investing in Northern Ireland? We have to ask ourselves that question. What will draw companies to Northern Ireland rather than investing on the mainland? If everything is the same, perhaps they will not do that, but if things are more attractive in Northern Ireland, surely companies and investors will consider their options in the Province. To an extent, it is the same with the United Kingdom, which is one of the very many reasons why I am not for making ourselves exactly the same as the European Union. If we are exactly the same as mainland European countries such as Germany or France, what is the attraction of coming to the United Kingdom and investing here? There has to be a reason for people to come here, and it is up to us to give them that reason.

I want to touch on another point, which is slightly off the issue, but which is important when we consider the extent of the benefit that reducing corporation tax might bring. When we were in the United States on a Select Committee visit about 18 months ago, we discussed this issue—very positively—and a number of others, but one thing that came up time and again was the violent scenes that we see on our television screens and which are flashed across the world. No matter what this place or the Assembly does on tax or any other incentives, it is destroyed in a single night, with a single vision of any violent scenes or paramilitary activity that is flashed across the world. Nothing could drive people away from Northern Ireland in a worse way or more quickly than that. Anybody in a republican organisation or a so-called loyalist organisation who engages in such activity is betraying the people they purport to represent. They really ought to bear that in mind.

There are a number of issues that perhaps need to be looked at in greater detail. I am not making a criticism, but I would ask the Secretary of State whether she has given any thought to how the Bill might be considered during its Committee stage. As I understand it, it will be considered in Committee upstairs. However, there are a number of issues that still need discussion, so it might be an idea to consider holding the Committee stage on the Floor of the House. As we move towards the election, sometimes the Chamber is not as heavily used as it might be at other times. Maybe we could consider discussing these issues in a way that allowed all Members to take part, rather than just a few Members upstairs.

I understand why this change cannot be introduced absolutely straight away, but I am a little concerned that it is being pushed back two years. A lot can happen in two years. However, while we have the full agreement of people in all the political parties in Northern Ireland—on this issue at least, if not on any other—let us take advantage of that. Let us drive this forward as quickly as we can.

Sammy Wilson Portrait Sammy Wilson
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Does the hon. Gentleman not accept that, first, budgetary planning must be put in place to deal with the payment that will come off the block grant? Secondly, as many firms make investment decisions over a long period, it makes sense to announce the change soon, but for payment to be in two years’ time, because that will reduce the cost to the Northern Ireland Executive, while at the same time attract firms that are thinking about investment now, but which will perhaps not implement it for a couple of years.

Laurence Robertson Portrait Mr Robertson
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The hon. Gentleman makes a very reasonable point, which I suppose goes back to the point made by my right hon. Friend the Member for North Shropshire, who said we should get on at least with saying what we are likely to do, as that will start the ball rolling.

We also have to be careful not to expect too much of the Assembly when it comes to looking like an efficient decision making machine and getting this matter devolved. As everyone in this House knows, it was not designed for the purpose of being an efficient decision making machine; it was designed to bring people together to bring about peace, and there can be no greater cause than that. That issue has already started to be addressed through the Stormont House agreement; nevertheless, the Assembly is not the most effective machine. It has its problems—there is of course the need for votes on both sides to be in a majority. All that is not how this place works; nor would we get very much passed if we worked in that way. The Assembly was set up in that way for a different purpose, so I do not think too much store should be set by that. We should get on with this proposal in any case.

There are other important matters, including planning. Skills and education are important, too. We must ensure that we have a skilful and well educated work force in Northern Ireland, and then it becomes important for Northern Ireland to retain the people it educates. So many times we see a number of countries training and educating their people well, only to see them attracted to work abroad rather than bring the benefits of their skills and education to their own country. We need a peaceful society in Northern Ireland for that to happen—otherwise we will continue to lose people—and we need to create the sort of prosperity that people want to enjoy. If we can do all that, I think we will ensure that future generations are able to enjoy greater prosperity and greater peace than was available to past generations.

On-the-Runs Scheme

Laurence Robertson Excerpts
Tuesday 27th January 2015

(9 years, 11 months ago)

Commons Chamber
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Each Urgent Question requires a Government Minister to give a response on the debate topic.

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Theresa Villiers Portrait Mrs Villiers
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As is clear from the conclusions of the Hallett report, this letter should not have been issued; it was issued in error. For a number of reasons I do not think it would be appropriate to make public the names of the individuals who received letters under the scheme, not the least of which is that doing so could prejudice a future prosecution and make it more difficult to secure a conviction.

In relation to the number of errors, Lady Justice Hallett identified in her report two errors in addition to the one made in the case of Mr John Downey. She also identified a further 36 cases considered by Operation Rapid where she believed there was a risk that the wrong test had been applied. She did not conclude that there were actually errors in these cases, but she proposed that they should be a priority for further investigation because the risk of error in those cases was higher than in others.

In relation to legislation, as I briefed the House in September, it is clear to me that the most effective means to guard against future collapses of trials and future abuse of processes defence is to issue a clear statement indicating to anyone who received a letter under the scheme that it is not safe to rely on those letters—that they should not be relied on—and that is what I did. The option of legislating on these matters was carefully considered, but the conclusion is that legislation would not be as effective as a clear statement at the Dispatch Box that the scheme is at an end and these letters should not be relied on, not least because of a risk that errors have been made in other cases.

Laurence Robertson Portrait Mr Laurence Robertson (Tewkesbury) (Con)
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I thank the Secretary of State for the response to the urgent question. She will be aware that as well as the 36 cases identified by Hallett as being perhaps the most worrying, we were told by the then assistant chief constable, now the deputy chief constable, of the PSNI that 95 people who received letters are connected through intelligence to almost 300 murders. That is a very serious situation indeed. Will the Government ensure that the PSNI has the full resources to look into all those cases not in the period of as long as nine years that the PSNI estimates it may take it, but very quickly so that the Government can decide whether there is a need for legislation to make it absolutely clear that nobody can rely on these letters to protect them from prosecution?

Theresa Villiers Portrait Mrs Villiers
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I am grateful to the Chairman of the Select Committee on Northern Ireland Affairs for his question. It is of course important that the PSNI has appropriate resources for its investigations under Operation Red Field relating to OTRs, as is the case for all other matters for which it has responsibility. I welcome the fact that the agreement on a final budget for the Northern Ireland Executive for 2015-16 allocated an additional £20 million to the PSNI. There is also the Stormont House agreement, which commits the Government to contributing £150 million to aid Northern Ireland in its treatment of legacy cases. I will look carefully at how that money should be appropriately deployed in the coming weeks.

On the question of legislation, I do not think I can really add to my previous answer. Having considered this carefully, the most effective means to ensure that we do everything we can to remove barriers to justice is a clear statement indicating that this scheme is at an end and these letters should not be relied on. That is what I have done. Legislation would not take us further and, I believe, would not be the right option in this instance.

Stormont House Agreement

Laurence Robertson Excerpts
Wednesday 7th January 2015

(10 years ago)

Commons Chamber
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Theresa Villiers Portrait Mrs Villiers
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I thank the hon. Gentleman for his expression of support for much of what is in the agreement, and for his kind comments about the work in which I and Minister Flanagan took part. As ever, I refute his allegation of a period of disengagement. At no stage have this Government been disengaged from Northern Ireland. We have actively worked throughout our time in office, not least in agreeing an economic pact that saw us working more closely with the devolved Executive in Northern Ireland than ever before, in addition to bringing the world’s media to Northern Ireland for the tremendously successful G8 conference.

I welcome the hon. Gentleman’s comments about progress on budget matters. Those on both Front Benches are united on the point that there will be no blank cheques, and the Government have put forward a significant and important financial package, reflecting Northern Ireland’s specific circumstances. I was disappointed to hear his comments on corporation tax devolution, because I think that change could have a significantly transformative effect on Northern Ireland’s economy. Northern Ireland is in a unique position in the United Kingdom, because it shares a land border with a jurisdiction that has a much lower rate of corporation tax. I urge the hon. Gentleman to urge the shadow Chancellor to allow Labour to support that change, which I believe is good for Northern Ireland.

The hon. Gentleman asked about the implications for the block grant. The Azores criteria mean that any future reduction in corporation tax in Northern Ireland needs to be funded from the block grant. Various estimates have been made of what that might look like, but at this stage it is impossible to be certain, not least because no final decision has been made on what the rate would be reduced to.

On the criteria for calculating welfare shortfall payments, the £114 million due in financial year 2015-16 is dependent on progress on implementing welfare reform. The quicker welfare reform is introduced and is up and running, the lower the shortfall payment will be. The time scale on the past is a key point, and the Government are keen to start working with the Northern Ireland Executive on the work needed for those institutions. They will certainly need Assembly legislation and in all likelihood they will also need Westminster legislation, and we are getting on with those matters.

The agreement sets out provision for a commission on flags to be established by June, and it is important that we press ahead with that. There is clearly more work to be done on that issue and on parades, and the agreement provides for further work by the Office of the Legislative Counsel of the Executive, bringing forth options that can then be consulted on for reform of the parading system. The process for monitoring will start with its first meeting between the Executive and the Government by the end of January. The final paragraphs of the main part of the agreement set out a system for monitoring implementation, and that will be taken seriously by the Government. It will, of course, involve the Irish Government, where appropriate and consistent with a three-stranded approach, and we look forward to getting down to work with the Executive on those matters.

Laurence Robertson Portrait Mr Laurence Robertson (Tewkesbury) (Con)
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I thank the Secretary of State for providing an advance copy of her statement. What discussions has she had with the parties in Northern Ireland about moving the Assembly and the Executive towards becoming a more efficient decision-making body?

Theresa Villiers Portrait Mrs Villiers
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My hon. Friend will find a section in the agreement on that. There is a commitment to draft a protocol on the use of the petition of concern, and to set out more clearly the sorts of issues on which it should be deployed. There are important changes to the way the Executive work, so that Ministers from the smaller parties can get business on to the agenda. There are proposals for reform of the MLA expenses system, and a commitment to a future reduction in the number of MLAs. I am sure that more could be done in terms of institutional change, but the agreement is a real step forward. In particular, I draw the House’s attention to the provision for an official Opposition for the first time in the history of the devolved institutions.

Northern Ireland (All-party Talks)

Laurence Robertson Excerpts
Monday 15th December 2014

(10 years ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

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Theresa Villiers Portrait Mrs Villiers
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I can provide the right hon. Gentleman with reassurance that the Prime Minister has not walked away; he continues to follow these matters with the greatest of attention, because he cares about Northern Ireland and wishes to see a successful conclusion to this process. The reality is that both he and the Taoiseach made a realistic assessment on Friday morning that the parties were still far apart on a number of issues, and there was an indication that on some key issues some parties were simply not prepared to move. In particular, it was very difficult to see that Sinn Fein was prepared to move on matters relating to welfare reform.

Laurence Robertson Portrait Mr Laurence Robertson (Tewkesbury) (Con)
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Is not one of the deeper and wider problems in Northern Ireland the fact that the Assembly and the Executive were set up in the way they were, although for the very laudable reason of bringing about peace and bringing people together? Does the Secretary of State agree that that model is not a good one for effective and efficient decision making? Is she discussing with the parties of Northern Ireland ways in which changes might be proposed by them that might move us towards a more efficient system?

Theresa Villiers Portrait Mrs Villiers
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I have had those discussions at great length, including discussions about how to amend the petition of concern process. The Chairman of the Select Committee is right to acknowledge that the institutions set up to secure a peace settlement can often find it difficult to take difficult decisions, but they are capable of it; adaptations can be made. However, improving the way the institutions work will be an important part of an overall agreement.

Oral Answers to Questions

Laurence Robertson Excerpts
Wednesday 29th October 2014

(10 years, 2 months ago)

Commons Chamber
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Theresa Villiers Portrait Mrs Villiers
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It is very important that political parties in Northern Ireland find a way to agree a fresh approach to the past, and that is one reason why cross-party talks have been convened. We need to listen to the needs of victims, and we must also understand the increasing pressure on the PSNI and the criminal justice system. I believe it is important that we find a way forward on that, not least to relieve pressure on the PSNI so that it can concentrate on the important policing needs of today.

Laurence Robertson Portrait Mr Laurence Robertson (Tewkesbury) (Con)
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Will the Secretary of State confirm that she will be having discussions with the Executive about Operation Red Field?

Theresa Villiers Portrait Mrs Villiers
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I have regular discussions with the PSNI on the question of on-the-runs and Operation Red Field, and I will do so again. It is crucial that the Executive parties reach an agreement on the budget for next year, and that they take into account the crucial importance of appropriate resourcing for the PSNI, and of course the cost of policing the past.

JTI Gallaher

Laurence Robertson Excerpts
Monday 27th October 2014

(10 years, 2 months ago)

Commons Chamber
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Ian Paisley Portrait Ian Paisley
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I thank the hon. Gentleman for that. Government policy should be based on evidence. If there were evidence to show that plain packaging will reduce consumption, the Government would have every right to attempt to implement the policy. But given that it is basically guesswork, and that the trial on the ground in Australia shows that consumption is not decreasing as a result of plain packaging, but that illicit trade is increasing, the Government should take stock immediately.

Ian Paisley Portrait Ian Paisley
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I give way to the Chairman of the Northern Ireland Affairs Committee.

Laurence Robertson Portrait Mr Robertson
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As a fellow member of the Select Committee, does the hon. Gentleman remember that when we looked into the illicit trade issue and interviewed the head of the relevant department in Her Majesty’s Revenue and Customs, his view was that plain or standard packaging would actually increase counterfeiting and the illicit trade?

Ian Paisley Portrait Ian Paisley
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The hon. Gentleman is making my case for me. He is clearly demonstrating, through his knowledge of this subject and what HMRC has told him that the Government’s policy is wrong-headed and will not prevent people from smoking. I say again: I want to see a reduction in smoking, but we have to have a policy that works and is proven to work. The evidence is not there to achieve the Government’s policy.

Hallett Review

Laurence Robertson Excerpts
Thursday 17th July 2014

(10 years, 5 months ago)

Commons Chamber
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Theresa Villiers Portrait Mrs Villiers
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I welcome the right hon. Gentleman’s praise for the report. As I have said, I think that there are concerns about the disclosure relating to the scheme; I think that it would have been far better if I, and my predecessors, had been more transparent about the way in which it operated. However, I agree with the right hon. Gentleman that it is important for us to revive the all-party talks, and for the parties to get round the table again to discuss the crucial issues of flags, parading and the past. We need to learn from the report.

I can, of course, give the right hon. Gentleman a complete assurance that the United Kingdom Government remain committed to doing all that they can to support the Northern Ireland parties in their efforts on these matters, and that we are working closely with our colleagues in Dublin, who share our determination to do everything possible to facilitate and support an agreement on the past.

Laurence Robertson Portrait Mr Laurence Robertson (Tewkesbury) (Con)
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I thank the Secretary of State for giving me early sight of the report. When we look below the headlines, we see that it is very critical of what went on. Lady Justice Hallett refers to evidence given to the Select Committee by Assistant Chief Constable Drew Harris, who said that “95 of these individuals”—those who had received letters—

“are linked in some way or other to 200 murder investigations.”

He later corrected that figure to 295. He added:

“But that linkage may only be intelligence.”

Given the possibility that that intelligence could turn into evidence relating to any of those people, it is rather worrying that Lady Justice Hallett says:

“It is not clear to me…what would happen if fresh evidence should come to light. It is arguable…that this does not sufficiently provide for a change in circumstances.”

Have not this scheme and the way in which it has been run created a very worrying situation in Northern Ireland in respect of bringing people to justice and bringing closure to the victims whom we rightly remember today?

Theresa Villiers Portrait Mrs Villiers
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The Chairman of the Select Committee is absolutely right. The report makes some very serious criticisms of the way in which the scheme was operated, and those will have difficult consequences that will need to be dealt with. However, I assure the House that the Government are determined that they will be dealt with. Lady Justice Hallett concluded that the errors could be corrected, and we will do everything in our power to ensure that they are corrected, acting on the basis of advice from lawyers, prosecutors and police.

My hon. Friend has drawn attention to concern about the terms of the caveats that were placed in the letters. Lady Justice Hallett is very clear about the fact that insufficient consideration was given to them. In some cases, they were left out altogether. My colleagues and I will be looking into that carefully to establish what, if anything, needs to be done to ensure that the errors that my hon. Friend has highlighted are corrected.

Oral Answers to Questions

Laurence Robertson Excerpts
Wednesday 11th June 2014

(10 years, 7 months ago)

Commons Chamber
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Theresa Villiers Portrait Mrs Villiers
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It is an independent report so I do not know what it will contain, but given the concerns raised about the use of the royal prerogative of mercy, I expect that aspects of that issue will be covered in Lady Justice Hallett’s report. I emphasise that this Government have not used the RPM in Northern Ireland, and it was used by the previous Government on only 18 occasions. Sixteen of those involved terrorism, but in all cases it was used to shorten sentences, not to cancel the offence.

Laurence Robertson Portrait Mr Laurence Robertson (Tewkesbury) (Con)
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The Northern Ireland Affairs Committee has spent two days in Belfast taking evidence for our on-the-runs inquiry, including from victims and relatives of victims who gave the most harrowing accounts of what had happened to their loved ones. Does the Secretary of State agree that whenever we decide about writing letters to suspects or issuing royal pardons, the views and needs of victims should be at the heart of those considerations? Does she further agree that that has not always been the case?

Theresa Villiers Portrait Mrs Villiers
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I agree on both those points. I know that many victims of terrorism would have been deeply hurt by the OTR issue, which is why I apologise to them on behalf of the Government. Future reports and investigations on such matters should put victims at their centre, as should any broader solution looking at the legacy of Northern Ireland’s past.

High Court Judgment (John Downey)

Laurence Robertson Excerpts
Thursday 27th March 2014

(10 years, 9 months ago)

Commons Chamber
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Laurence Robertson Portrait Mr Laurence Robertson (Tewkesbury) (Con)
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I apologise to the right hon. Member for Belfast North (Mr Dodds) for missing the first few minutes of his speech. Thankfully, he spoke for half an hour so I was able to hear most of it.

I was part of the team that approached the Backbench Business Committee to ask for this debate. Up to that point we had had only an hour of discussion in the House of Commons when I tabled the urgent question on 26 February. This debate is useful because an urgent question does not allow the House full discussion.

Since 2010 the Select Committee has tended to concentrate on economic issues. We have looked at corporation tax, air passenger duty, fuel laundering and smuggling and the amounts of money being lost. We have touched on the armed forces covenant, and we are coming to the end of an inquiry into the structure of banking in Northern Ireland. In other words, we have tried to help to regenerate the economy in Northern Ireland, believing that to be very important for the prosperity of the people who live there, and with a view to attempting to cement the peace that has been achieved over the past 16 years or so. I am sure Committee members would have been happy to take that policy forward towards the next general election. However, that changed on 25 February.

Speaking for myself, I was not aware of any such scheme. I was obviously aware that the John Downey case was being considered as I got a telephone call that day explaining the judgment and letting me know the background to it. It came as a complete surprise to me that there was any such thing as an administrative scheme. It was a big surprise because in 2005 through to January 2006 I led for the Conservative party on the Northern Ireland (Offences) Bill, which attempted to grant an amnesty across the board. It was the realisation that that amnesty went across the board that caused Sinn Fein to stop supporting the Bill, and the Bill was subsequently withdrawn. I received a telephone from the then Minister of State, who asked to see me. He informed me that the Government were, in his words, pulling the Bill. There was no support for it and it was not going to happen.

I was not aware at that point or earlier or up to 25 February that there was any other way of dealing with the so-called on-the-runs. The Select Committee found itself in a changed position after 25 February. I have never known the members of that Committee to be so exercised over any issue as they have been over this, which has persuaded us to launch an inquiry into the background to this scheme and everything connected with it, despite the fact that there is a judge-led inquiry appointed by the Government, which we welcome, and an inquiry is being held by the Justice Committee in the Assembly, the leader of which I met just the other day. Both inquiries are welcome, and we will probably concentrate on different areas.

We start with the case itself and a stay being put on the case. We have taken legal advice on the matter. I am advised that the Government cannot appeal a stay. That was the advice that I received just yesterday. I would be glad to hear the Secretary of State’s response to that because it seems an extraordinary judgment that possession of a letter can take on greater importance than a murder charge. I make no suggestion as to whether Mr Downey is guilty or innocent. That is not the role of a politician and I do not have the facts to hand. But a murder charge was made—in fact, a charge of multiple murder and injury—yet possession of a letter appeared to assume greater importance than that charge. I find that very surprising indeed.

David Simpson Portrait David Simpson (Upper Bann) (DUP)
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Does the hon. Gentleman agree that there is a possibility that the letters in the Downey case may not have been sufficient in themselves without political influence?

Laurence Robertson Portrait Mr Robertson
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I thank the hon. Gentleman for his intervention. He is a valuable member of the Select Committee and I am grateful to him for his support on this and many other issues. The point he makes is correct. Not being a lawyer myself, I cannot make a judgment on whether that is normal. My suggestion is that perhaps it is not normal. I understood courts always to look at the facts before them, but in this case the court seems to have relied on this letter, which concentrated on the fact that the PSNI did not want to question Mr Downey. It said only that in the PSNI’s belief no other police force in the United Kingdom wanted to question him—it was not a categorical assurance. That letter, weak and flimsy though it may sound, seems to have taken on a greater importance because of the political process. I would be the first to say that it is very important that we do not unravel the peace process or undo the enormous achievements in Northern Ireland, but the rule of law applies here, as well as the separation of powers between the Executive, Parliament and the courts, which has to be observed. I suggest that all the inquiries have that as the central motivation behind their opening.

Dominic Grieve Portrait The Attorney-General (Mr Dominic Grieve)
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I may be able to help my hon. Friend. The judgment in the Downey case speaks for itself, and one needs to read it. It is very straightforward in its language about the terms of what had happened and the impact that the judge felt it had on the fairness of any prosecutorial process. Beyond that, to pick up a point that was raised earlier, that judgment was considered with great care by the Crown Prosecution Service, using independent lawyers’ advice, and the CPS was clear that it was not possible to appeal against it. CPS staff came and explained that to me and, having listened carefully to what they had to say, I shared their view.

Laurence Robertson Portrait Mr Robertson
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I am grateful to the Attorney-General for that clarification of the possibility of appealing in that case. That certainly was the advice that I received yesterday from an eminent QC—

Nigel Mills Portrait Nigel Mills (Amber Valley) (Con)
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I am a little confused. I thought that the reason for the lack of an appeal was that there was no realistic prospect of success, not that there was no process by which an appeal could be made. Is the position that there was no possibility of an appeal for technical reasons, or is it that the appeal had no chance of being successful?

Laurence Robertson Portrait Mr Robertson
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My understanding from our discussions yesterday was that a stay cannot be appealed.

Dominic Grieve Portrait The Attorney-General
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The decision of the judge was capable of being appealed. I hope I made that clear when I made my statement in February. It was possible to appeal against the decision but, for the reasons I have just given, the view was taken that it had no reasonable prospect of success.

Laurence Robertson Portrait Mr Robertson
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I am again grateful to the Attorney-General for that clarification, although it is in some contradiction to the advice I received from Queen’s counsel yesterday. Perhaps this matter could be taken up further, but at this stage it is probably better to move on from the case.

Sammy Wilson Portrait Sammy Wilson (East Antrim) (DUP)
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Given that this is not just about the judicial process but about the political confidence that people can have in assurances that were given in this House, and whether there was an attempt not only by the last Administration but by the current one to help terrorists guilty of crimes escape the consequences, does the hon. Gentleman agree that—regardless of how slim the chances were of a successful appeal in judicial terms—politically the right thing to do would have been to appeal?

Laurence Robertson Portrait Mr Robertson
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I agree with the hon. Gentleman, and that is why the conflicting advice we have received has to be explored further. If a stay cannot be appealed, it cannot be appealed, but if—as the Attorney-General suggests—the issue is that there is no prospect of overturning the judgment, my view as a non-lawyer is that we should consider an appeal. It is extraordinary that a letter, which appears to be ambiguously worded, can take on greater importance than a charge of multiple murder. I do not know whether it is unique, but it is extremely unusual.

Dominic Grieve Portrait The Attorney-General
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I rise again only to say that the decisions of the Crown Prosecution Service cannot be taken on a political basis. Indeed, insofar as I exercise functions in relation to the administration of justice, I have to ensure that those are not taken on a party-political or other political basis. It might often be convenient politically to do something, but if it is not justified on an objective consideration, it would be quite improper to do it.

Laurence Robertson Portrait Mr Robertson
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I do not think that anyone would disagree with what the Attorney-General has just said. The problem is that the judgment in the Downey case appears to have taken the political situation into account, and that is what concerns everyone. Royal pardons appear to have been given, but I do not know what they were given for or which crimes were being overlooked. If that was not done on a political basis, I do not know what constitutes a political basis. The point that we are trying to make is that such decisions should be made on a legal basis, not a political basis.

The one good aspect is that the judgment has blown open the whole issue and drawn attention to what has been going on. The Northern Ireland (Offences) Bill was introduced in 2005, presumably because it was felt necessary to put the scheme on to a statutory basis, to give it a public airing or some respectability. It now seems that the scheme had been running since 1999, but it was six years before the Bill was introduced. The Bill was dropped, but the scheme continued. Was the scheme legitimate for all that time? If it was, why the need for the Bill?

As the right hon. Member for Belfast North said, the 1998 legislation—some of which I also voted against, for all sorts of reasons—addressed very unpalatable issues, but at least we could debate and vote on them publicly.

Nigel Mills Portrait Nigel Mills
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There was a referendum on it.

Laurence Robertson Portrait Mr Robertson
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My hon. Friend, who is a valuable member of the Select Committee, points out that a referendum was held on that legislation. That was completely in the open, so why was this scheme not made public? We will need to look at that issue.

It is claimed that the letters were just assurances that no one was being looked at by the PSNI; it was just an administrative scheme and simply a matter of informing people that they were not wanted. But we are also told that the scheme was crucial to the peace process and if it had not been done, the whole peace process would have somehow unravelled. Both those statements cannot be correct. If it was just a matter of clearing the police computer and moving things on, it cannot have been crucial to the peace process.

Bob Stewart Portrait Bob Stewart
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Something that puzzles me relates to whether the crime was committed in Northern Ireland or in London. We know the answer: it was committed in Hyde park, which is the responsibility of the Metropolitan police. I do not understand how the PSNI can issue an immunity letter in that case, because it suggests that the Metropolitan police do not have any responsibility.

Laurence Robertson Portrait Mr Robertson
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My hon. Friend makes an important point. I do not want to go back to the Downey case in too much detail, because I am trying to make progress, but it was an extraordinary judgment.

I also question who received these letters: who are the on-the-runs? If a completely innocent person received a letter saying that they were not wanted by the police, that would be extraordinary. It does not happen; there has to be a reason why people were on the run. What exactly does “on the run” mean? What were they suspected of doing? What did they fear the police thought they might have done to put their names forward? Why did they need confirmation that they were not wanted? That is central to the whole debate.

I am also concerned about the number of letters that appear to have been sent out. I am not quite sure of the exact figures, but those I have suggest that 221 letters were sent out, with 10 being provided by the Prison Service, which I find a little confusing, and four by the Government of the Republic of Ireland, which I find a bit worrying. That is according to the statement made by the Secretary of State a couple of days ago. We are told that that does not amount to an amnesty, but what about the royal pardons? Again, the advice I have received is that those are normally issued following a miscarriage of justice, not to prevent a case from being brought against a person in the first place, and that prompts the question of what the pardons were issued for.

The timing of this issue is unfortunate, as I said during the urgent question. As we speak, the PSNI is advertising for people to come forward as witnesses to the Bloody Sunday killings of 1972.

John Baron Portrait Mr John Baron (Basildon and Billericay) (Con)
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Will the Committee’s inquiry also examine what seems to be a contradiction in that the final sentence of a written statement of 25 March states:

“If the Government had been presented with such a scheme on coming to office, we would have stopped it.”—[Official Report, 25 March 2014; Vol. 578, c. 16WS.]

That prompts the question of why the letters continued to be issued.

Laurence Robertson Portrait Mr Robertson
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We will certainly ask about that, and I do not know why it was not devolved to the Northern Ireland Assembly when a Justice Minister was in place—a Justice Minister who confirmed to me and other members of the Committee that he did not know anything about the scheme. I do not know why the matter was not devolved, but it is something we will consider.

As I was saying, the PSNI is looking for people to come forward as witnesses to the Bloody Sunday killings. Let me say straightaway that I do not believe in any amnesties. If republicans have committed crimes they should be charged, if loyalists have committed crimes they should be charged, and if members of the security forces have committed crimes they should be charged. This seems to be a one-sided scheme. In 2005 the Government tried to open it up to everybody, but it was rejected by all parties and withdrawn because we do not believe in amnesties. It seems, however, that there is a scheme for certain members of the community but not for others, which cannot be right.

My hon. Friend the Member for Basildon and Billericay (Mr Baron) is quite right and the Committee will certainly consider why this issue was not devolved following the devolution of policing and justice in April 2010. We also published the terms of reference on 11 March. They are quite comprehensive and we want to carry out a full and deep inquiry. We do not want it to run on for ever, but we will certainly do it properly and interview a range of people including past and present Secretaries of State, Ministers, police officers, relevant civil servants, and others. The first session will be held next week with former senior police officers. Yesterday we appointed two eminent barristers—I cannot name them at the moment—including a Queen’s counsel, to become special advisers to the Committee during this inquiry.

It is important to recognise the progress made in Northern Ireland over the past 16 years, but there are no amnesties and no excuse for violence. The rule of law must be upheld by all concerned, so although I regret the need to delve into the past once again, it is sometimes necessary to do so in order to secure the future.