Northern Ireland: Political Developments

Debate between Lord Alderdice and Lord Dunlop

Tuesday 28th March 2017 Lords Chamber

[Lord Dunlop]

First, I agree with the noble Lord about the importance of maintaining the forward momentum of the peace process. As the Statement says, and as the Secretary of State said in the House of Commons, we do not detect any appetite for a second election—the issues would remain to be resolved and it would merely prolong a period of uncertainty and disruption. On the involvement of the Prime Minister, as I have already said, she is actively involved and engaged, dealing directly with the Taoiseach. She and the Taoiseach have mandated my right honourable friend the Northern Ireland Secretary and the Irish Foreign Minister to take forward supporting and facilitating the discussions with the parties. That will happen over the coming hours and days as we seek a resolution to these issues.

[Lord Alderdice (LD)]

My Lords, I want to emphasise the importance of both the Prime Minister and the Taoiseach being seen to be working together with the parties. The symbolism of that, as well as the practicality, is extremely important. I put to the Minister again the question that my noble friend Lady Suttie put. In the preparations for whatever outcome there is post-Easter, will the noble Lord and his colleagues at the Northern Ireland Office consider the possibility of the Assembly continuing even if the Executive Ministers are not in place? In that way there would be an elected body with which Northern Ireland Office Ministers and other Ministers could consult, with Members duly elected and their leaders, particularly about the question of Brexit as well as that of general devolution.

[Lord Dunlop]

As the Statement sets out, the focus and priority are seeking to get the Executive up and running. Of course, should that not succeed, we will look carefully at all the options as we go forward.

Northern Ireland (Stormont Agreement and Implementation Plan) Bill

Debate between Lord Alderdice and Lord Dunlop

Thursday 21st April 2016 Lords Chamber

[Lord Dunlop]

I am glad that my noble friend raised that point because I am indeed about to address it. I recognise that the intent behind the amendment of the noble Lord, Lord Alderdice, is to highlight that more frequent reporting may be necessary. To respond directly to the noble Lord, Lord McAvoy, this does not preclude more frequent reports. The fresh start agreement does provide flexibility for more frequent reports, as my noble friend Lord Trimble said, should circumstances mean that this is appropriate, but it does not envisage that this will be the norm. This will, I suggest, allow more flexibility to respond to circumstances that may arise than by prescribing twice-yearly reports. We will discuss the circumstances in which more frequent reporting may be appropriate with the new Irish Government, as soon as it is formed. To address the point on which the noble Lord, Lord Alderdice, sought reassurance, the final agreement establishing the committee is still under discussion with the Government of Ireland. It is our expectation, however, that the sponsoring Governments will be able to request more frequent or ad hoc reports as circumstances dictate.

I turn to the make-up of the commission and Amendment 2, in the name of the noble Lord, Lord Empey. As set out in the fresh start agreement, the commission will consist of four members: one nominated by the UK Government, one by the Irish Government, and two by the Executive. For the purposes of the Bill, in the case of the Executive’s nominees, it has been necessary to confer the power to nominate members on a specific statutory office holder or body within the Executive, as the Executive is not a body under the Northern Ireland Act. Clause 1(4) therefore confers on the First and Deputy First Ministers the power to jointly nominate their members.

The noble Lord, Lord Empey, has proposed that the Northern Ireland Policing Board should be given this power instead. The same amendment was proposed in the other place. The fresh start agreement specified that the Executive should nominate two members to the IRC. I note what the noble Lord has said about the extent of all-party agreement; notwithstanding that, the Northern Ireland Assembly did give legislative consent to aspects of this Bill that we are bringing forward. It is the Government’s view that the First and Deputy First Ministers, acting jointly, are the most appropriate officeholders to nominate members on behalf of the Executive as a whole, in view of the objective and functions of the commission, which go beyond criminal justice. In particular, they have responsibility for delivering a number of the Executive’s measures to tackle paramilitarism on which the IRC will report. Moreover, requiring the First Minister and Deputy First Minister to act jointly—which is how they currently exercise almost all of their powers and, as my noble friend Lord Trimble said, the panel on which the noble Lord, Lord Alderdice, serves has emerged from this process—is intended to ensure a collaborative process and nominees that have cross-community credibility.

The NI Policing Board is not part of the Executive and the amendment proposed would therefore be inconsistent with the terms of the fresh start agreement. However, neither the Bill nor the fresh start agreement specifies how the First and Deputy First Ministers will decide on their joint nominees. They may, therefore, seek suggestions from external stakeholders, such as the Policing Board, and consult with their Executive colleagues in reaching their decision. We would, of course, encourage them to do so. The key point, as I said at Second Reading, is that the four-person commission should collectively carry credibility across the Northern Ireland community. In this vein, as I also said at Second Reading, I welcome the commitment given by Minister Emma Pengelly during the debate on 15 March —in which the Northern Assembly passed a legislative consent Motion for several provisions in this Bill—to consult with the Justice Minister.

This Government are clear that paramilitarism has no place in Northern Ireland society. The new commission will therefore play an important role in tackling paramilitary activity and associated criminality. For the reasons I have outlined, I urge noble Lords to withdraw their amendments and beg to move that Clause 1 stand part of the Bill.

[Lord Alderdice]

My Lords, I am grateful to all noble Lords who took part in this debate and expressed their strong support for the amendment in my name. I am also grateful for the kind words many of them have said about my own efforts. I hope that the existence of such robust support for Amendment 1 will affect the continuing thinking of Her Majesty’s Government and of the Minister here. I was at least a little encouraged by his saying that there were still negotiations to be had with the Irish Government. That is important, and I have little doubt that I will be making my views apparent to them. I am also a little encouraged by the Minister’s telling the noble Lord, Lord Trimble, that there was more to be said on what the Secretary of State might say and do on regulations, for example. I think we will continue to show interest in that area even after this legislation is passed.

It is very important that the Government understand that it is the relentless pressure that often reaches the successful outcome. The noble and right reverend Lord, Lord Eames, said that we can provide by this process encouragement to those who want to give up, as well as pressure on those who do not necessarily want to. That point has been apparent in my own conversations over the last two or three months. I hope that it will be part of the calculus of Her Majesty’s Government. With that hope, and being a little encouraged by the Minister’s comments. I beg leave to withdraw the amendment.

Northern Ireland

Debate between Lord Alderdice and Lord Dunlop

Wednesday 18th November 2015 Lords Chamber

[Lord Dunlop]

I thank my noble friend. When the Prime Minister made his Statement, I think that it was widely welcomed for the tone that it struck. I very much note my noble friend’s other point.

[Lord Alderdice (LD)]

My Lords, while it is of course important in any case to follow the evidence wherever it takes the authorities, and even though the mills of justice often grind exceeding slow—in this case, we are talking about events of almost 50 years ago—does the Minister agree that it is extremely important in these circumstances for the police, the press and people generally to understand that an arrest is not a conviction? We have the experience in recent times of a whole series of arrests by the PSNI which led to a political crisis we are still trying to find our way through in Northern Ireland, and all of those arrested have been released without charge. Is it not important to point out that the same is the case in respect of this soldier—that an arrest is not a conviction and assumptions should not be built on it until the proper processes are proceeded with?

[Lord Dunlop]

I very much agree with the noble Lord. I absolutely agree that an investigation is not the same as a prosecution. Indeed, an investigation is also an opportunity for someone to clear their name.

Northern Ireland: Political Situation

Debate between Lord Alderdice and Lord Dunlop

Tuesday 8th September 2015 Lords Chamber

[Lord Alderdice (LD)]

My Lords, for a number of years when I was on the IMC I focused a great deal on the monitoring of paramilitary organisations. Is the Minister aware that the balance and order of things in this Statement could potentially be misleading? It focuses heavily on the question of whether there has been IRA activity, as though that was the real primary cause of the current crisis, when in truth this crisis has been developing for months and months over the failure of the political parties—particularly the two leading political parties—to work together in a proper governmental way. This recent event is important, but it should not be allowed to distract us from the fact that if it were magicked away tomorrow morning, the problems would remain.

Secondly, is the Minister aware that even if welfare reform were taken back to Westminster—and if it has to be so, I certainly would not oppose it—that would still leave a complete breakdown in the relationship between the Democratic Unionist Party leadership and the Sinn Fein leadership? Without a working relationship together, the devolved structures will not be able to continue, whether or not they have a problem of welfare and whether or not there is any indication of IRA activity. One must say that Sinn Fein has said the kind of things that many people wanted it to say for years on the IRA: that this was criminal activity; that people should go to the police with information; and that there was absolutely no justification. The Statement refers to “politically motivated violence”, but I have the sense that everything we know about this incident means that it was personally motivated violence rather than for the purpose of destabilising Northern Ireland.

Therefore, will the Minister take back to his colleagues who are engaged in this process that we do not need another monitoring commission or another short-term political fix but a change in the kind of relationships there are between the senior leaderships of the DUP and Sinn Fein? If not, we will be faced, as the noble Lord, Lord McAvoy, has suggested, with legislation in this place to take back powers, which would be a disaster.

[Lord Dunlop]

First, I thank the noble Lords, Lord McAvoy and Lord Alderdice, for their remarks and support. I do not think that anybody can doubt the seriousness of the situation or the Government’s commitment to help resolve the current challenges. I am sure that noble Lords in all parts of this House want to see devolved institutions in Northern Ireland that work and deliver for people in Northern Ireland. We all want to see, as the noble Lord, Lord McAvoy, said, a Northern Ireland that attracts jobs and investment and where people can be optimistic about their family’s future. There can be no doubt at all that the best route to achieving this is to see the full implementation of the Stormont House agreement. That is why my right honourable friend the Northern Ireland Secretary is convening urgent and intensive talks to find solutions to the critical issues that threaten the effectiveness and credibility of Northern Ireland’s democratic institutions.

I turn to some of the specific points that have been raised. First, on the Provisional IRA, the chief constable of Northern Ireland has set out his view that the Provisional IRA continues to exist organisationally but its purpose has radically changed. Individuals are engaged in criminality for personal gain, but the Provisional IRA as an organisation is no longer engaged in terrorism. We share that assessment, which is why some of the key issues that these intensive talks has to address are the implications of that situation.

Secondly, a question was asked about the IMC. Certainly, that is one option for consideration. However, the current situation—as the noble Lord, Lord Alderdice, will know all too well, given his previous involvement in the IMC as a commissioner—is clearly very different. Were we to ask a similar body this time, the questions that we would have to ask would be very different.

Suspension would be a very big step. The Government’s view is that that is not right in the current circumstances but, clearly, should the circumstances change, we would need to look at the full range of options that are open to us.

In terms of the budget and its sustainability, in some respects it is already unsustainable, and departments are struggling to deal with the consequences of that. We have made it clear that the voluntary exit scheme should go ahead as planned, because it is only through that route that we will start to get the public sector reform that is such an important part of putting Northern Ireland’s finances on a sustainable footing.

Welfare reform is part of the package of the Stormont House agreement. The Government are delivering their side of the bargain and we would like to see the other parties deliver theirs. In our view, it is primarily for the parties to resolve this issue and to come together and find a way through. Clearly, were there to be a failure to agree then, as my right honourable friend the Northern Ireland Secretary has made clear, the Government would, reluctantly and as a last resort, be prepared to step in if all other options had been exhausted.