(5 years, 1 month ago)
Lords ChamberThe UK Government will not breach that Act. As I have been very clear before, the discussions that we must necessarily have as a preamble to the negotiations will be fully transparent and available to all here and in the other place to interrogate, as I am sure they will, very thoroughly.
My Lords, will the Minister confirm that it is still the Government’s policy that no new border checks will take place in the Irish Sea as a consequence of any deal being reached with Europe?
(5 years, 2 months ago)
Lords ChamberMy Lords, I welcome the maiden speech by the noble Lord, Lord Caine. I am sure that your Lordships’ House will benefit greatly from his wisdom and expertise. Because of the time limit, I will confine my remarks mainly to the gambling report.
If we are to have a sensible and informed discussion about gambling in Northern Ireland, we have to recognise a very important fact from the outset. Northern Ireland has a significantly higher problem gambling prevalence rate than the rest of the United Kingdom. At 2.3%, it is more than four times that of England, where the problem gambling prevalence figure at the time of the survey in Northern Ireland was 0.5%. It is three times that of Scotland and more than twice that of Wales. This means that there are in the region of 30,000 to 40,000 problem gamblers in Northern Ireland, which means that the current shortfalls in our law and funding arrangements really matter.
As the report before us today recognises, the last dedicated piece of gambling legislation for Northern Ireland was passed in 1985. In this context, I have three main areas of concern. In the first instance, while the maximum stake on a fixed-odds betting terminal in Great Britain was set at £2 per spin on 1 April this year, no such legislation was introduced in Northern Ireland. I applaud the fact that some industry providers—Ladbrokes, William Hill, Paddy Power, Betfair, Toals and McLeans—announced that they would voluntarily reduce the stake from £100 to £2 in Northern Ireland on 1 April. However, not every bookmaker operating in Northern Ireland has followed suit. Northern Ireland’s citizens should not have to rely on the good will of betting companies to determine the stake on FOBTs, nor should they be left in a situation where there is inconsistency as some betting shops voluntarily act responsibly while others do not. This is a recipe for confusion.
I turn to online gambling, a topic on which I was fortunate enough to secure a two and a half hour debate in your Lordships’ House in November 2017. As I said at the time, while a huge amount of concern had been expressed then about FOBTs, there had not been much specific focus on problem gambling in relation to the online space. Since then, I am pleased to say that there seems to have been an increased awareness regarding the dangers associated with online gambling. Unlike betting shops, online gambling is available 24/7 without the player having to leave their house. Not surprisingly, it is associated with a higher problem gambling prevalence figure than gambling per se.
My concern in this debate is that the last dedicated piece of Northern Ireland gambling legislation makes no reference to online gambling—on account of the fact that there was no internet in 1985. The only other statutory provision of which I am aware is found in the UK Gambling (Licensing and Advertising) Act 2014, again acknowledged by today’s report. Section 5 of the 2014 Act makes it illegal for an online gambling provider to advertise in Northern Ireland unless it has received a licence from the Gambling Commission.
Courtesy of Section 5, are gambling operators who advertise legally in Northern Ireland required to provide all the responsible gambling protections to Northern Ireland gamblers that they are required to provide to gamblers in Great Britain under the commission’s licence conditions? These provisions include the need for age verification of anyone wanting to gamble, the requirement to promote self-exclusion, policies and procedures for customer interaction where an operator has concerns that a customer’s behaviour may indicate problem gambling, and prohibitions on advertising to individuals who have chosen to self-exclude.
In asking this question, I note that the Section 3(11) report before us today talks about industry groups “implementing social responsibility measures” and adhering to,
“industry codes of practice and protocols”,
to protect people who may be experiencing problem gambling. What is not clear from the report, however, is whether this action is taking place because some providers are voluntarily taking these steps or because all online providers to the Northern Ireland market are having to take this action as a requirement of a Gambling Commission remote operating licence brought to bear on online providers to Northern Ireland through Section 5, even while the remit of the commission is Great Britain and not the United Kingdom.
This, in turn, leads to another very important question for the Minister. If the answer is that the legal protections for online problem gamblers in Northern Ireland are the same as those for problem gamblers in Great Britain, courtesy of Section 5, can the Minister confirm that a problem gambler in Northern Ireland has the same recourse in law as a problem gambler in Great Britain if he or she feels that gambling operators have not afforded them their due protection under the terms of their Gambling Commission licence?
In 2014, the Government opposed the idea of statutory financial transaction blocking to prevent unlicensed gambling providers—be they based in Great Britain, Northern Ireland or a foreign jurisdiction—from accessing the GB market. Mindful of this, and given the demands of Section 5, I would be interested to know what level of resources the Gambling Commission invests in monitoring who accesses the Northern Ireland market and how many unlicensed online providers they have detected trying to access the Northern Ireland market illegally.
One aspect of player protection that I welcome, and which I know applies fully to Northern Ireland, is GamStop. During early 2014, I was very pleased to work with the noble Baroness, Lady Howe, and the noble Lord, Lord Stevenson of Balmacara, on an amendment to the Gambling (Licensing and Advertising) Bill to introduce a multi-operator self-exclusion scheme for online gamblers. Although the Government would not accept the amendment, they agreed to ask the Gambling Commission to introduce such a scheme. GAMSTOP indeed had a soft launch last year and, as of last Friday, I understand that 97,000 people have used GAMSTOP to self-exclude themselves from online gambling. This service relates to the whole United Kingdom and thus to Northern Ireland, although it is not yet possible to disaggregate the figures to know how many of the 97,000 are from Northern Ireland.
Can the Minister inform the House of the total financial contribution by the gambling industry to help problem gamblers in Northern Ireland? This leads me to the fact that, in a Great Britain context, five of the biggest gambling companies have just committed to giving £100 million over a four-year period to funding treatment and support for problem gamblers. This is welcome news, but what about Northern Ireland, which has the highest problem gambling prevalence figures in the United Kingdom and needs investment to help problem gamblers the most?
My Lords, I regret the time limits on this debate. I had many more words to say but my time is up.
(7 years, 4 months ago)
Lords ChamberMy Lords, together with the noble Lord, Lord Bew, and the noble Baroness, Lady Blood, who was recently in her place, I have just returned today from a meeting with the British-Irish Parliamentary Assembly. Our colleagues both in Northern Ireland and in the Republic expressed their serious concerns about the rise of paramilitaries—in particular the IRA, but of course it is not the only paramilitary group. I would just say that, collectively, that body has some pretty high intelligence about the activities and the danger posed by the serious rise of these paramilitary groups. In that case, I support these measures, with all the safeguards that Her Majesty’s Government are putting in place.
My Lords, I am pleased to support the order which the Minister has announced. I wish an extension such as the one before us was not necessary. None of us wants to have trials without a jury in place, but given the distinct and exceptional circumstances in Northern Ireland, especially in light of the latest intelligence reports indicating that New IRA is regarded as the most dangerous dissident republican group operating since the 1994 ceasefire, this practical and pragmatic decision to renew the provision for non-jury trials for a further two years is to be welcomed. The integrity of the justice system is paramount and must continue to be upheld and protected. The non-jury provisions therefore continue to be a necessary function in supporting the effective delivery of the criminal justice process in certain cases, and sadly it is a reality that the justice system in Northern Ireland simply cannot do without these provisions at this time.
While reflecting on this order, I feel that it is wholly appropriate to pay tribute to all the brave men and women who have served and continue to serve and administer the rule of law, order and justice in what are difficult and challenging circumstances.
Finally, does the Minister agree that the single best way to deliver a brighter and more peaceful future for all in Northern Ireland is by having in place a strong and stable locally elected Assembly? I and my party remain optimistic and hopeful that devolved governance at Stormont can be re-established as soon as practically possible. We see no barriers to forming workable institutions. The onus is on all the parties involved to get together and in a mature manner work out a practical way forward to end the current impasse. I hope that the day will come when all will fully support the security forces and respect the rule of law, and therefore there will be no need for further orders.
My Lords, I thank the Minister for introducing this extension order, and I fully but reluctantly support it. I am grateful to him for describing so fairly and accurately the security situation that exists in Northern Ireland now.
There is a problem in that the language that the Minister used, which was entirely justified, was actually sharper than we might have expected at this point in the proceedings; that is, 19 years since the Good Friday agreement. My hope is not so much that the Government are keeping this legislation under review and will be able to dispense with it in any reasonable short order, but that the next time the Minister comes to this House, he will at least be able to talk about the security situation in a more relaxed way than quite rightly he has done today.
I have one coda to add. I am probably slightly more optimistic than the noble Lord, Lord Alderdice, about the return of devolution in the autumn. If it does return, the questions that he has raised in this debate are very important, and I can think of no reason why Her Majesty’s Government would not remind a new power-sharing Executive, when they are put into place this autumn, of the importance of these issues.
(7 years, 4 months ago)
Lords ChamberMy Lords, I entirely refute the accusation of partisanship made against the Prime Minister and the Secretary of State for Northern Ireland—that is unworthy of the noble Baroness. They are wedded to the peace process and working hard to achieve it. She referred in particular to the agreement with the DUP, which of course is not contrary to the Belfast agreement. The billion pounds of spending, at least, was welcomed by Gerry Adams, who said, “Well done, Arlene”, so I am not sure that I could agree with her on that point. Where I agree with the noble Baroness is that it is important that we pursue the peace process and uphold the Belfast agreement in, as the noble Lord, Lord McAvoy, said, a bipartisan way. That is exactly what we are doing.
My Lords, I very much regret that to date no agreement has been reached between the parties in Northern Ireland to return much-needed devolved government. However, I understand that substantial progress has been made on many issues and, like the Secretary of State, I believe that a deal remains achievable. I therefore welcome the additional time that has been granted.
Of course, some important issues still need to be resolved. One of these is the matter of legacy. Will the Government undertake to publish the proposals on this, so that a wider consultation can take place, which would help to facilitate the parties in reaching a consensus on this issue?
My Lords, I am most grateful to the noble Lord for his more optimistic take on what is happening and the progress that is indeed being made. The legacy arrangements to which he refers were, of course, the subject of the Stormont House agreement: to be fair, balanced and proportionate. It will be on the agenda of an incoming power-sharing Executive to look at that, and we will need to consult the bodies concerned. That is what we will do when we reach that happy goal.
(7 years, 5 months ago)
Lords ChamberMy Lords, I very much welcome the Government’s commitments to work with all the parties in Northern Ireland to support the return of devolved government and to strengthen the bonds between England, Northern Ireland, Scotland and Wales, which are clearly set out in Her Majesty’s gracious Speech.
Since the former Deputy First Minister of Northern Ireland resigned from the power-sharing Executive on 10 January 2017, Northern Ireland has been without a functioning Government. This has caused considerable disruption to the day-to-day functioning of the local administration and has placed some additional burden on the legislative process in this House. Noble Lords may remember the fast-tracked legislation that was required to enable the setting and collection of regional rates in Northern Ireland. Clearly, this administrative and legislative vacuum cannot be permitted to continue much longer.
The Democratic Unionist Party has consistently played a positive role in the ongoing negotiations to achieve an agreement on the restoration of devolved government. We wish to work together with all elected Assembly Members to arrive at a consensus solution—and, unlike other parties, we have set no preconditions. I am convinced that the main concerns of the Northern Ireland electorate are very similar to those of the people of England, Scotland and Wales: namely, the delivery of high-quality health, education and other public services. Petty sectarian wrangling during the current negotiations must not be allowed to frustrate the achievement of these objectives, which requires the re-establishment of stable government in Northern Ireland.
I believe that the Government’s commitment to strengthening the bonds between the constituent nations of the United Kingdom is at least as important as their promise to support the return of devolved government. The decision to leave the European Union has led some to question the present constitutional relationships within the United Kingdom, and in particular it has been suggested that Northern Ireland should be granted “special status” within the EU. Clearly, it is essential that any agreement on resolving the problems surrounding the Irish border, which may form part of the first stage of the Brexit negotiations, is fully discussed with all the relevant parties. In particular, the elected representatives of the people of Northern Ireland must be consulted during this process. In my view, any solution that requires the erection of tariff barriers between Northern Ireland and the rest of the United Kingdom would be unacceptable. The economic and cultural unity of the United Kingdom must be preserved.
Both the negotiations among the Northern Ireland parties on devolution and the first stage of the European Union talks involve issues of vital importance for the people of Northern Ireland. We must hope that all the parties involved adopt a constructive approach that will result in an agreement beneficial to all concerned.
In conclusion, I welcome the agreement reached yesterday between the Government and the Democratic Unionist Party to provide additional funding for infrastructure and public services in Northern Ireland. I hope that this agreement will provide an additional incentive for the participants to work towards a speedy and successful conclusion to the devolved negotiations currently taking place. Indeed, I feel fairly optimistic that this will happen. I know that the Democratic Unionist Party looks forward to working with the Government to benefit all in the United Kingdom—and I omitted to declare my interest as a fully paid-up member of the Democratic Unionist Party.
(12 years, 10 months ago)
Lords ChamberMy Lords, I thank the noble Baroness, Lady Harris of Richmond, for tabling this Question and thus facilitating what I am sure will be a fair and balanced discussion of the role and nature of the Independent Monitoring Commission. Over the past seven years, the IMC has had a challenging and onerous task, one that I believe it carried out with scrupulous independence. During that period, the commission published 26 separate reports. In many instances, they were strongly criticised by commentators in the media and by politicians of all parties. However, it is now generally accepted that the IMC’s conclusions were fair, unbiased and based on the best available evidence derived from careful and meticulous investigations. I did not envy its task. When the facts or circumstances that it presented rebutted a publicly accepted assumption, the commission members were often pilloried by politicians and in the press. The task of publicly presenting uncomfortable truths, often when the peace process in Northern Ireland was known more for its fragility than for its stability, was as controversial as it was unpalatable, but without the IMC we would not have attained the necessary levels of public trust and confidence to allow the restoration of the devolved institutions in Northern Ireland in 2007. Without the IMC, the two communities in Northern Ireland could not have been convinced that their political enemies would make a positive contribution towards the creation of a better society for all. For that, I am very thankful.
In conclusion, I should mention the IMC’s final report, which focused, unfortunately, on civil disturbances of a sectarian nature in east Belfast, the constituency that I represented for 25 years at council and assembly level. I had very much hoped that events of this nature had been relegated to history, and the report was indeed disturbing and depressing to me. Nevertheless, I take comfort from the fact that both communities continued to co-operate, the men of violence were sidelined and a descent into a spiral of sectarian violence was avoided. Perhaps we may conclude therefore that the fair and balanced final report of the IMC contributed in no small measure to achieving reconciliation between the two communities in Northern Ireland. Perhaps the Minister will agree that the greatest achievement of the commission is the general agreement in Northern Ireland that it is no longer required.
(14 years ago)
Lords ChamberMy Lords, I welcome the two orders before the House today, but I should first declare an interest as a member of both the Northern Ireland legislative Assembly and Belfast City Council. I welcome in particular the provisions which allow voters to use the same form of ID for all elections, as it removes much of the confusion that voters currently face. I welcome also the provision which expands the variety of people who can attest to vote applications. In the past, this has been a real worry, particularly for elderly voters, who will now find it much easier to have their social worker sign rather than to have to arrange to have someone visit them for that purpose.
The order relating to the Northern Ireland Assembly elections brings much needed change to the system of postal ballots. Thankfully, Northern Ireland escaped much of the controversy that surrounded the system of postal ballots in England in May. However, as I am sure noble Lords are aware, Northern Ireland has had more than its fair share of voting irregularities in the past. It is to be hoped that the amendment made by the Assembly order will mean that any such instances for postal ballots are avoided in the future, while maintaining a very good, workable system.
While most of the changes contained in the local elections order are slight, they contribute to making the election process much more transparent. There is no doubt that the public have taken an increased interest in the past few years in how politicians and political parties operate, particularly how they receive money to fund their campaigns. It was quite regrettable that, for a number of years, so few safeguards were in place to ensure transparency in the electoral process. It is important that elections are fair and that all parties operate under the same constraints. For many years in Northern Ireland, some candidates and one party in particular received large donations and gifts for their campaigns from what can be described as very nefarious sources.
I am hopeful that the current process that we are involved in, of which this order is a part, will bring us to a situation in which there is greater clarity and light brought to the conduct of election campaigns. I know that people in Northern Ireland look forward to the campaign for the Assembly and their local government elections next May, and I know that it will bring greater transparency. I trust that the Minister will continue to consult closely with the Electoral Commission.
My Lords, I, too, thank the noble Lord, Lord Shutt, for introducing these two draft statutory instruments today and say that I broadly support their thrust—with one caveat, which I shall come to.
It might help the House briefly to explain why the Government are right to go ahead with the local government elections next year, even though there has not been the reform and rationalisation of local government that we were hoping for in Northern Ireland. It is right because we now have a situation, because of the long years since the last local government elections, whereby nominations have become more and more the practice in filling our city councils. I remember saying to the noble Baroness, Lady Royall, about 18 months ago, when she was dealing with this question with her usual skill, that it is a problem, and that if the large political parties believe in direct elections to your Lordships' House it would be a good idea to start with the principle of direct elections to councils in Northern Ireland. At that point, the Dunmurry ward of Lisburn City Council already had a majority of councillors who were not elected but were nominated by the main parties as a result of people retiring from their positions for various reasons—some five out of nine. Just today, the Irish News has published figures for Belfast City Council, the largest council. By January, it is clear that there will be only 32 out of 51 elected members in Belfast City Council, and 40 per cent will be nominated.
We have reached a point whereby it is absolutely essential, despite the difficulties and the fact that it would be much better if we had a reform of local government first, that the Government should say that we will have two elections and possibly a referendum on one day. But that is where my caveat comes in: it will be very hard work indeed to ensure that nothing goes wrong, especially because a number of the polling stations in Northern Ireland are actually rather small places, physically. Will the Minister reassure us that the Government, at least in part, get that point? If you have two elections and one referendum on the same day, in the circumstances that exist, the Government will have to do an awful lot of preparation to ensure that nothing goes wrong and that we have a satisfactory polling day.
(14 years, 1 month ago)
Lords ChamberMy Lords, the Saville report is a thorough examination of the events and issues arising from Bloody Sunday. The Prime Minister has apologised to the families of those who died. Loss of life has a direct, negative effect on families and communities for generations, and he refused to defend the indefensible. The state is an arbiter of justice and must be held accountable to maintain its credibility. The Chief of the General Staff, General Sir David Richards, has endorsed the Prime Minister's apology, and Army procedures have been amended to ensure that there is no recurrence of incidents of a similar nature.
However, it should be remembered that the events of Bloody Sunday took place at a time when Northern Ireland faced great political and social instability. In 1972, 140 members of the security forces and 250 civilians were killed on the streets of the Province. We all owe an immense debt of gratitude to those who served in the security forces. Without their bravery and dedication, the number of civilian deaths would undoubtedly have been very much greater. There were many who paid with their lives, and their families had to deal with loss and bereavement.
The report gives rise to a number of moral, political and financial questions concerning future prosecutions, treatment of the past and the enormous cost of this type of inquiry. These have important implications for future policy, each of which I shall attempt to address in turn.
The possibility of instituting criminal proceedings against some Army personnel is under consideration. Some have suggested that a verdict of unlawful killing should close the matter. Others consider that soldiers who lied may have committed perjury. This matter, too, is under investigation. I have no hesitation in supporting strongly the maxim that everyone is equal before the law and equally subject to its terms. However, for several reasons, I do not believe that prosecutions of military personnel in these circumstances would constitute an even-handed application of the law.
First, it is always easier to prosecute agents of the state, who may be held accountable for their actions and are readily identifiable, than terrorists, who are unaccountable and usually unidentifiable. Secondly, since it is now almost 40 years since the events took place, much of the relevant evidence must inevitably be unreliable. Thirdly, many IRA prisoners were released early from prison under the terms of the Belfast agreement. To apply different sentencing rules to proceedings against military personnel would be unjust. Finally, the undertaking given by the Attorney-General in 1999 that witnesses at the inquiry would not be able to incriminate themselves should not be ignored.
Several suggestions have been made concerning future expedients for investigation of past events and promotion of reconciliation between the two communities in Northern Ireland. Recently, proposals for further inquiries on the Saville model have been widely canvassed. I believe strongly that these are misguided both on practical and financial grounds. Clearly, it is difficult to distinguish in terms of gravity between the facts of Bloody Sunday and those of many more other tragic incidents. One thinks, for example, of what has become known as Bloody Monday in 1972, when the IRA placed a no-warning car bomb in the Londonderry village of Claudy. Nine people were killed and 32 injured. The report of an eight-year investigation published in August this year concluded that a Catholic priest was directly involved: this fact was concealed by senior police officers, government Ministers and the Catholic hierarchy. Undoubtedly, the families of the Claudy victims have feelings of betrayal and injustice. Clearly, they also deserve our sympathy and recognition.
Nevertheless, in my opinion, their interests would not be best served by the establishment of another Saville-type inquiry. Saville was sui generis. The inquiry formed an integral part of the negotiations leading to the Belfast agreement. Furthermore, huge media attention meant that the worldwide reputation of the British Army and British justice were at stake.
We have heard that the Saville inquiry cost around £200 million. It is reported that 14 lawyers became millionaires during the 12 years of its deliberations.. Vast sums of public money have also been spent on inquiries into the deaths of Billy Wright, Rosemary Nelson and Robert Hamill. However, do such inquiries, which primarily examine the state’s role in the relevant events, really benefit the victims, their families and indeed society as a whole? May not further examination of painful events lead to greater alienation of communities rather than the healing of divisions?
In my view, scarce public funds could be put to better use in ameliorating the quality of life of victims and their families. Indeed, in Northern Ireland, a Commission for Victims and Survivors has already been established and four victims commissioners have been appointed: the search for a satisfactory method of providing aid to victims should not be abandoned.
There are proposals to establish a legacy commission or a South African-style truth and reconciliation commission, but I believe that they would have little merit. Archbishop Desmond Tutu, who headed the latter body, considered that a similar commission might not be effective in Northern Ireland. More specifically, Judge Albie Sachs of South Africa’s Constitutional Court acknowledged that the commission emerged from intense and specific needs in that country. In contrast, Northern Ireland was never governed by an apartheid regime: it was a liberal democracy threatened by terrorism where no one was ever denied voting rights on grounds of ethnicity or religion. This essential truth is often obscured by the fog of propaganda that usually surrounds political developments in Northern Ireland.
Moreover, the South African commission was established after the cessation of the ANC’s campaign of violence. Regrettably, recent bomb attacks in Northern Ireland are clear evidence that a significant number of Irish republicans have not abandoned violence as a political tool. For that reason, the moral dilemma posed by the possible grant of immunity from prosecution remains acute.
It has been suggested that a legacy commission which would not offer an amnesty might be more appropriate. However, if immunity were not offered, it is unlikely that perpetrators of terrorist acts would be prepared to testify; as a result, such a body would necessarily be ineffectual. In the light of the issues I have raised, can the Minister give an assurance that no new or existing body will be given the power to grant immunity from prosecution for any act of terrorism committed in Northern Ireland after today’s date?
Effective ways of dealing with the past do exist. The Historical Enquiries Team, a unit of the Police Service of Northern Ireland, is still working on outstanding cases. Its main aim is to bring closure to those families who have unanswered questions about the death or disappearance of loved ones. The team has a running cost of over £6 million while the PSNI spends around £11 million a year on investigating and reviewing past murders and inquests. This represents public money well spent; proper funding of existing bodies is usually more effective than the creation of new, controversial and often expensive quangos.
Another constructive proposal that has been supported by Northern Ireland’s First Minister, Peter Robinson, is the establishment of an aural and video archive for victims and survivors of the Troubles. This would be a relatively inexpensive way of facilitating research by victims and survivors who wished to learn more about incidents which affected them. Above all, the views of victims’ relatives and of survivors should be listened to with empathy and respect. If they wish to recall past events, their accounts should be recorded with understanding and sensitivity. The foundation of a memorial bursary might be a fitting recognition of their suffering, which would at the same time leave a positive legacy for future generations.
To provide closure, the truth must be told, but a plethora of costly inquiries is not a necessary prerequisite for this. There comes a time when it is in the interests of all to move on rather than engage in re-examining painful incidents from the past. This simply causes further hurt, rather than healing divided communities. The Government clearly want to draw a line and move forward, and I am in full agreement with this approach. May Saville mark the end of costly legal inquiries. May it be the inquiry that marks an end to all inquiries into the Troubles. We must continue to listen to victims and survivors and help them rebuild their lives: at the same time, we must avoid the rancour which inevitably accompanies litigation and the attribution of blame. It is my hope that Northern Ireland can move forward to a positive future in a spirit of tolerance and understanding.