Northern Ireland (Miscellaneous Provisions) Bill Debate
Full Debate: Read Full DebateLord Dodds of Duncairn
Main Page: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)Department Debates - View all Lord Dodds of Duncairn's debates with the Northern Ireland Office
(10 years, 8 months ago)
Commons ChamberMy colleagues and I are comfortable with Lords amendments 1 to 3, which we think are sensible, so we will not oppose them. Any reduction in the size of the Northern Ireland Assembly should quite rightly be a decision for that Assembly. As an MP who no longer sits in the Assembly, like some of my Northern Ireland colleagues sitting behind me, I agree that any reduction in its size should be voted on by the Assembly, rather than imposed from here.
Although my party agrees that there is a case for reducing the number of Members of the Legislative Assembly at some stage, any discussion of that must take into account the sensitive local considerations. Such a move might be inadvisable at the current time. We firmly believe that any change to the Assembly’s composition must be guided by the principles that it should be representative, proportionate and reflective of both traditions in the wider community.
As Baroness O’Loan said in the other place, reducing the number of MLAs returned to each constituency could have serious consequences for representation in Northern Ireland. We must always be careful not to leave certain areas unbalanced or unrepresentative. We have a clear interest in retaining plurality of representation and must pay keen attention to factors that are specific to Northern Ireland when making these decisions.
We have also made it clear that we are concerned about the increasing concentration of power in the hands of two parties. We would be cautious about any measure that might exacerbate that situation. For that reason, we support the measure to ensure that the Secretary of State requires a cross-community vote in the Assembly before any legislation to reduce its size can be passed. That cross-community element is embedded in the Good Friday agreement of 1998 and the consequential Northern Ireland Act, which was passed in July that year. Embedded in that Act were the principles of proportionality, mutual respect and understanding. Given the unique circumstances in Northern Ireland, and given that we do not wish to exacerbate the situation, we feel it would be better if those principles were embedded in the size of the Assembly. I am therefore happy, on behalf of my colleagues, to support the amendment.
Our party strongly supports reducing the size of government generally in Northern Ireland—and across the United Kingdom for that matter—including the number of Government Departments in Northern Ireland. We are also on record as wanting to see a reduction in the number of Assembly Members. We believe that Northern Ireland can function more efficiently and in a leaner and better way with fewer politicians for the size of its population.
In May there will be elections to new councils in Northern Ireland, the number of which will have been dramatically reduced from the present number, and the number of councillors will also be reduced. We are in favour of the general thrust to reduce the size of government, and we have already put proposals to the Assembly’s Assembly and Executive Review Committee on that issue.
When the Minister responds to the debate, will he comment on the consultation that took place with the Assembly parties on the amendment? Although, under the amendment, the decision to reduce the number of MLAs can be taken by the Assembly, it can reduce the number by only one for each constituency—from six to five. I would certainly be very interested to know to what extent the Government consulted on that provision with the Assembly parties, because it has been generally understood that the measures that would come before the House would have the broad consensus of parties in Northern Ireland.
Perhaps when he responds the Minister will say not only whether consultation was held, but with whom it was held and what information was given by the individual parties. That would allow us to see whether the results of the consultation are in line with what he proposes today.
I will correct this if I am wrong—it was before my time—but my understanding is that as a result of the consultation with the parties in the Assembly, which I believe took some time, the intention was to reduce the size of the Assembly by one Member per constituency. The problem with the Bill as drafted, until amended, is that it would allow the parties in the Assembly, if they so wished, to reduce the number by as many as they wished—perhaps down to one—because there is no limit. That is their lordships’ point, which we took on board in saying that the number would be determined by that which had been consulted on.
I thank the Minister for that clarification.
We certainly take on board the reasoning behind the amendment. What strikes me, though, is the Government’s concern about the Assembly passing legislation on a substantial reduction that could disproportionately affect the smaller parties. One of the things that was raised in the previous debate and is worth raising in this debate is that the Government did not express any corresponding concern when proposals were brought before this House on reducing the number of constituencies for the United Kingdom Parliament. We well remember the debates in this House, which ultimately came to nothing, about reducing the number of seats. Many of us from Northern Ireland constituencies pointed out that the net effect in Northern Ireland would be a reduction of two parliamentary seats. In fact, it would have provided for a rolling review whereby the number of seats in Northern Ireland—and indeed in other parts of the UK—could have been adjusted upwards and downwards virtually from election to election. That would have had not only a very destabilising effect on the political process generally, but a direct, knock-on, consequential effect on the number of Assembly constituencies and Members. The concerns expressed across the House—certainly by all the Northern Ireland parties—did not seem to have the same resonance with Government.
I accept the sincerity with which the Minister has brought this matter forward. We should bear it in mind, however, that the number of Assembly Members would have been directly affected as a result of the proposed changes that eventually came to nothing but were certainly intended by the Government. That would have had a major impact on the Assembly and its workings—on the stability and outworkings of the agreements, and so on. When we are discussing the size and powers of the Assembly, and all the rest of it, sometimes things are done that have, or could have, very direct impacts.
We have no particular number in mind for the size of the Assembly, but we do believe that it is time to get on with it. Now that we have this enabling power, assuming that the Bill is passed with the amendment in place, we hope that the parties that have been reluctant to reduce the size of government, and thereby the burden of government and the extent of the over-governance in Northern Ireland, will take seriously the views of the people out there. I hear that people on all sides believe there needs to be a reduction in the numbers in the Assembly and in Government Departments. There is an idea that interfering with or changing in any way anything to do with the institutions that were set up by the agreement would somehow undermine the process, but that is not sustainable or tenable. People are looking for more efficient government and for Government to save money in a time of austerity, and we should take their concerns on board. I hope that people will now take this enabling power and use it to reduce the size of the Assembly.
We once heard the then leader of the Social and Democratic and Labour party, the hon. Member for Foyle (Mark Durkan), say that some of the ugly architecture of the agreement needed to be done away with. Some people still hold the view that nothing about the institutions can change at all. However, we are now in 2014, many years on from the Belfast agreement and a considerable way on from the St Andrews agreement, and it is time that politicians responded to people’s views and concerns and took a lead in reducing the burden of government on households and on taxpayers.
I am very pleased to say how enamoured I am of the people of North Down. The people of Ards will lead the way in that relationship. We also share a football ground between us: Ards plays at Bangor—
An unusual feeling of amity is spreading its warm embrace over the House today, in many ways because we have discussed this matter in some detail. Certainly those who were in their lordships’ House to hear their discussions will have been impressed, as I was, by the speeches of the noble Lord McAvoy, who made his case very powerfully, and of the noble Lord Alderdice, who in a very detailed refutation of the amendment moved by the noble Lord Empey, made the case for preserving the present size—108 Members—of the Northern Ireland Assembly.
It is in some ways unfortunate that the Dublin statement made in August 2012 by the then Secretary of State, the right hon. Member for North Shropshire (Mr Paterson)—he called for a reduction in the size of the Assembly and of the Executive, and mentioned there being an Opposition—has slightly coloured today’s discussion. The then shadow Secretary of State, my hon. Friend the Member for Gedling (Vernon Coaker), said that that contribution was unhelpful, unwarranted and unnecessary.
One of the most important points made today was mentioned by the hon. Member for Belfast East (Naomi Long). She referred to the Assembly and Executive Review Committee, which is currently considering these very matters. It is appropriate for that process to continue, and we support the Lords amendments.
The hon. Gentleman mentions the Assembly and Executive Review Committee. The right hon. Member for Torfaen (Paul Murphy) asked whether, if there was agreement among the parties and even in that committee for a reduction to, say, four Members per constituency, anyone in this House would oppose it. I presume that Her Majesty’s faithful and loyal Opposition might go along with a widespread view expressed by Members of the Assembly and the parties.
The contribution made earlier by the right hon. Member for Belfast North (Mr Dodds) was extraordinarily impressive in that it was the first time I have ever heard any politician on the Floor of the House seek a diminution of powers and a reduction in the number of elected Members. The leaner and, if not meaner, then certainly cleaner and greener Executive and Assembly, as was mentioned—[Interruption.] Sorry, Mr Deputy Speaker. May I withdraw the word “greener” in that context? That was entirely a slip of the tongue, and I will arrange for something better.
The point is that the Bill very carefully circumscribes the numbers—no fewer than five, not more than six—so the definition is fairly tight. Clearly, if something results from the AERC that it wishes to bring to the House, I am sure that the Secretary of State will look at it. Our opinion would be that it is a devolved or reserved matter that should be dealt with on that basis.
In relation to other discussions about the future formation of the Executive and the Assembly, I was interested to read on the official Conservative news website ConservativeHome, which I have to say I read out of a sense of duty, rather than delight—
I will respond briefly to a couple of the points that have been made.
First, I hope that it will reassure the hon. Member for Ealing North (Stephen Pound) to hear that I, too, have argued endlessly for a reduction in the number of Members in this House, just as a turkey might wish for Christmas. I have always said that there are too many Members of the House of Commons. Personally, I would reduce the number to 500, although that is not my party’s current policy.
I welcome the views of the right hon. Member for Belfast East on progress—[Interruption.] I am sorry, I mean the right hon. Member for Belfast North (Mr Dodds). The hon. Member for Belfast East (Naomi Long) is also sitting in the Chamber and I can see one or two differences between the two of them. The right hon. Member for Belfast North spoke about the need for change in the political structure in Northern Ireland. All the parties in Northern Ireland realise that there needs to be change.
I welcome the comments of the hon. Member for Belfast East about opposition. What is important is that the people of Northern Ireland want to see the Government in Northern Ireland held to account. We understand why the set-up came about in the Belfast agreement and we support that reason. However, I do not think that anyone believes that the current First Minister and Deputy First Minister structure will last for ever, because very few things do.
I was asked whether there was consultation with the Assembly parties. There was consultation with the parties before the Bill was amended. The clause was consulted on. The assumption in the consultation was that there would be a reduction of one Member in each constituency. That was inserted as a safeguard to ensure that a greater reduction was not steamrollered through. The smaller parties felt, rightly or wrongly, that they might be disadvantaged if there were a reduction of two Members per constituency. I think that this is a matter for the Assembly. However, the consultation was about a reduction of one Member per constituency and that was agreed to. That is why we brought forward Lords amendment 2.
The right hon. Member for Belfast North mentioned the reduction in the number of constituencies in the United Kingdom for the Westminster Parliament. I have put my cards on the table and said where I stand. I have been roundly pilloried for that from time to time by my constituents. However, because a different electoral system is employed for the Northern Ireland Assembly, such a reduction would not have the impact that he suggests. If there were a reduction in the number of constituencies in Northern Ireland, there would still be the same number of Assembly Members per constituency. There would be an overall reduction, but the same number of Members per constituency. The smaller parties would be protected because they would have the same number proportionally per constituency.
I am interested to hear what the Minister says. I am at a loss to understand how he can make that assertion, because he does not know, and nobody knows, what the Boundary Commission would come up with. We do not know where the two seats would be lost or what the configuration of the new 16-seat arrangement in Northern Ireland would be. Depending on where those seats were lost and where the boundaries were drawn, there could be a disproportionate effect on my party or on smaller parties, or there could be an impact on the nationalist-Unionist balance. He cannot assert what he has just said with any confidence because he does not know, and none of us knows, what the Boundary Commission recommendations would be in such a circumstance.
With the greatest respect to the right hon. Gentleman, that applies to any boundary of any constituency. My point is that the proportional representation system would allow smaller parties to have their say. Of course, there might be some unhappy situations. If I were able to stray beyond the remit of this debate, I would point out that there is a disproportionate number of Labour seats in the House of Commons, given the number of votes. However, I would not dream of mentioning that at the moment.
The issue is whether to devolve the civil service commissioners to Northern Ireland. The civil service itself is already the responsibility of Northern Ireland, whereas the commissioners are currently under the control of the UK Government.
Currently, I understand, the civil service commissioners for Northern Ireland answer to the UK Government, but by devolving this issue, they will answer to the Northern Ireland Executive. I believe that to be the case, but just in case I am wrong—[Interruption.] Yes, the proceedings and functions are currently reserved, whereas the appointment is excepted. We intend to change that, so that appointment will also be reserved. I think that is a sensible way forward, and I thought it was supported.
The point about the Lords amendments is that there will be no change to the current status of the Northern Ireland Human Rights Commission. We initially intended it to be devolved to the Assembly and the Executive, but any change will take place after further consultation. I am afraid the answer to the hon. Lady’s question will come during further consultation rather than now.
Devolution of the responsibilities of civil service commissioners and the Northern Ireland Human Rights Commission will, of course, be subject to consultation, and the Lords amendments intend to ensure that devolution is approached with proper consideration and scrutiny. I hope that the House will agree that that is the right approach.
Lords amendments 7 and 8 are technical amendments concerning the commencement of clause 24. Members will be aware that clause 24 amends an order-making power already passed in the Protection of Freedoms Act 2012, to allow us to take forward, by order, the changes to the new biometric framework in the reserved and excepted fields. The Northern Ireland Department of Justice could not legislate for that because the Criminal Justice Act (Northern Ireland) 2013 received Royal Assent too late, on 25 April 2013. The amendments will allow us to bring the position of Northern Ireland regarding the retention, use and destruction of biometric data in the interests of national security, or for the purposes of terrorist investigation, into line with that of Great Britain.
As the Bill is currently drafted, clause 24 would come into force on the day the legislation is passed. However, the order-making power in paragraph 8 of schedule 1 to the Protection of Freedoms Act is not yet in force. The amendment to commencement is intended to avoid a situation where the amendment to the order-making power in clause 24 comes into force before the power itself. That would have no practical effect and is technically undesirable. The change is entirely technical and has not been prompted by any debate or concerns in the other place. I hope that the House will agree to it.
Again, I would be interested to know the extent and outcome of consultation with the Executive parties about the issues covered by the amendments, other than the technical points relating to clause 24, which are of no particular concern and accepted by virtually everyone. Lords amendments 4, 5 and 6 deal with civil service commissioners and human rights commissioners. These are enabling powers that would transfer civil service commissioners to the reserved category. As the Minister said, the functions and proceedings of civil service commissioners are currently reserved.
The issue of reporting to Parliament was debated in the other place. I have no difficulty with as much parliamentary debate, scrutiny and accountability as there can be on these matters, or with bringing forward a report, as proposed by the amendments. I have no concerns about that and would certainly not oppose it. However, the purpose of the report to Parliament is, first, about the effect that the transfer would have on the independence of the commissioners, secondly about the principle that appointments should be based on merit after fair and open competition, and finally about the impartiality of the Northern Ireland civil service. One concern was that as things stood, without the Lords amendments, if Parliament wanted to pass responsibility for that matter to the Northern Ireland Assembly, it would do so by Order in Council, since such matters are reserved. That would not allow for amendments, and would be simply accepted or rejected in its entirety.
It would, of course, allow for any concerns about the independence of commissioners, appointments on merit, or issues of impartiality to be debated, but if there were concerns about those matters then no doubt Members of this House and of the other place would vote accordingly. If there are concerns about any of those things, I presume that the Government would not have an Order in Council. One wonders what the purpose of the measure really is.
There will be a debate and a report. Presumably everyone will say, “Well, we’re all content and happy,” and we will proceed to the Order in Council. However, if people say that they are not happy, or if the report states that things are not good, the Order in Council will not be introduced. To me, the whole thing seems effectively like window dressing, and I wonder about its purpose, other than to allow an extra debate, which I am perfectly content to have.
The amendment—[Interruption.] I think the Cheltenham festival is on, which is of great interest to the Irish—and to me, as it happens.
The amendment takes account of the concerns that were expressed in the other House. I believe the right hon. Gentleman is talking about the clause rather than the amendment. The amendment is designed to provide further time before anything is devolved.
With respect, I am addressing the amendment, which seeks to introduce a new requirement. It means that, at least three months prior to seeking parliamentary approval for an order, the Secretary of State must report to Parliament on the three issues I have described. The simple point I am making is this: if there is any concern or debate, or the slightest suggestion that there would be a detrimental effect on the independence of the commissioners, or on the impartiality of the Northern Ireland civil service, or that appointments would not be made on merit, the Government would not bring forward an Order in Council. A response would be given to a request from the Northern Ireland Assembly saying, “I am sorry, but this is the reason.”
I am not opposing the measure, but asking about its real effect. Presumably, the report will not be subject to any vote, because the only legislative instrument is the Order in Council. The measure does not seem to have much effect in reality other than to provide for another debate, which I am not opposed to. I am very happy to give the issues the greatest possible scrutiny and debate.
I agree wholeheartedly with the valid points the right hon. Gentleman makes. Even if we do not press the amendment to a Division, I urge him to include me—he is well capable of doing this on behalf of Democratic Unionist party Members—as someone who also seeks a clarification on this from the Minister. If the impartiality of the Northern Ireland civil service is called into question, the Secretary of State should not proceed with any such report.
I join the hon. Lady in that, and the Minister has heard it. It is entirely sensible. None of us in the House or, I dare say, in the Assembly would want to undermine in any way the independence of the civil service commissioners or allow anything to interfere with the principle of appointments based on merit after fair and open competition. We would not want anything to disadvantage the Northern Ireland civil service by casting a taint on its impartiality. My experience in government—I have been in the Northern Ireland Executive—has left me with the highest regard for the Northern Ireland civil service, which has done an immensely good job by and large, in many difficult situations in the governance of the Province.
I raise those points not to oppose the provisions, but to query them. Sometimes, we ask why legislation is necessary. The provision strikes me as being somewhat superfluous in terms of parliamentary process. We are legislating to say, “Let’s have a debate at some point in future.” I do not see why we need to do so, unless somebody does not trust someone who might be in power in future—they might believe that that someone might not act in the best interests of the civil service of Northern Ireland.
The same comments apply to Lords amendments 6 and 7, which propose making a prior report in respect of the Northern Ireland Human Rights Commission, like the one that is produced on the civil service commissioners for Northern Ireland. I will not rehearse the separate arguments in that regard.
Amendment 6 obliges the Secretary of State to look at
“the application of internationally accepted principles relating to national human rights institutions”
as they may apply to the Northern Ireland Human Rights Commission. I draw the House’s attention to the word “national”. The Northern Ireland Human Rights Commission is a regional human rights institution, not a national one. How can the Secretary of State comply with that statutory obligation?
I do not know whether the hon. Lady will seek to catch your eye, Madam Deputy Speaker, but she makes a good point. I look forward to the Minister responding to it. As she says, the amendment mentions “internationally accepted principles” and their application vis-à-vis national human rights bodies. Her point is valid. The amendment says that not only the independence of the Northern Ireland Human Rights Commission is a matter for the report, but the relationship between the commission and the Assembly.
Given that the clause is a small provision—it simply provides an enabling power, which the Order in Council will implement—on what basis will the report be compiled? Will there be an investigation? Will there be an Assembly inquiry, with evidence being taken on how the measures operate? If it were devolved, it would be a matter for the Assembly, so what would be the purpose of reassuring ourselves in this House and in the other place about all these matters three months prior to a debate?
I support the amendments and I understand the points that have been raised by the right hon. Member for Belfast North (Mr Dodds) on their reasoning and the rationale behind them. In relation to the Northern Ireland Human Rights Commission and the civil service commissioners, the amendments are sensible. It is right that before any discussion of the future devolution of these elements, proper consideration is given to the impact on the impartiality of the civil service.
I well recall the considerable discussions in 1988 and 1989 in this House and the other place on the advances to be made on ensuring there is respect for people in workplaces and on fair employment. References were made then to the need to respect the merit principle in private sector organisations above a certain level of employee. Comments were also made about the Northern Ireland civil service and the need for impartiality, fairness and due participation across the community if we were to build a society that was reflective of and proportionate to the wider Northern Ireland. I see the amendments in that context.
It is important that any report on the Northern Ireland Human Rights Commission pays regard to the importance of its independence in conforming to internationally recognised standards and maintaining a balanced relationship with the Assembly. In that respect, I regret that the Government have not seen fit to introduce a Bill of Rights in Northern Ireland. There has been considerable discussion and indeed, some months ago, the hon. Member for Belfast East (Naomi Long) sponsored the visit of the Northern Ireland Human Rights Consortium to discuss the need for such a Bill—and the impetus within the wider community for it—that would enshrine the rights of all in legislation. Such a Bill is still urgently needed. It cannot be covered by a UK Bill of Rights. There are rights that are peculiar to Northern Ireland, which has a particular political situation that needs to be recognised. I regret the fact that the Government did not see fit to introduce a Bill of Rights that could have run concurrently with the Bill through both Houses. I ask the Minister to reflect on that issue when he sums up, to talk to his colleagues in government, and to ensure that such legislation is introduced.
I know what the Minister’s response will be. He will say that such a Bill would need the support of all parties in Northern Ireland, but I can tell him that the idea has received considerable support among the wider community in Northern Ireland, with considerable impetus behind a Good Friday agreement based on the principle of consensus and agreement. I think he would also find such support here. I hope that the Minister will reflect on the need for a Bill of Rights.
This is our last opportunity to discuss a Bill which, although short, is important to Northern Ireland. I have only one regret. During the Bill’s earlier stages, we were concerned about the lack of transparency surrounding the issue of an increase in the Assembly’s mandate from four to five years. On Second Reading I described the issue as a mystery, because it was never resolved. I would not like to think that that was part of a secret deal between two principal parties in the Northern Ireland Executive and the British Government. Yet again, I ask the Minister to clarify that issue.
Other issues relating to Haass have been raised during the Bill’s passage. My hon. Friend the Member for Foyle (Mark Durkan) raised the issue of the Historical Enquiries Team, and asked how there could be more coherence in inquiries so that patterns and trends that emerged could be dealt with. In that connection, a book called “Lethal Allies”, about the Glenanne gang, was published recently. A pattern emerged in the type of activity involved in murders of that kind. We felt that those issues could have been reflected in the Bill.
All of us who represent Northern Ireland constituencies and take our seats here want a just and lasting settlement for everyone which is based on our moving on. It is interesting to note that Richard Haass, who spent six months in Northern Ireland drawing up proposals on reconciliation, on the past, and on flags and emblems, said today in a United States congressional committee that he wanted Northern Ireland to move on. He has expressed his fear that it could slip back into the violence of its troubled past if we, as politicians, do not grasp the opportunity to deal with divisive issues. I believe that that opportunity exists now, and that we should move forward.
I believe that there should be no more secret deals, no more on-the-run letters, and no more get-out-of jail passes, as I think they were termed by the right hon. Member for Belfast North (Mr Dodds). We must move forward on the basis of transparency, openness, fairness, equality and proportionality for all. The amendments will take us a step further towards fair representation, and a consensual approach to politics and to dealing with issues that still need to be addressed in Northern Ireland.
I assure the hon. Lady that the reason for the amendment is to allow further consultation so that the report can be issued. If she wishes to be a consultee, I am sure that that would be fine. We have not laid down every step and turn that will be taken, but we are trying to proceed with the support of the parties. We have had the support of all parties for the amendments, so I am not entirely clear what the concerns are. Transparency and trust have been discussed, but that is what we are trying to allow—transparency, so that everyone trusts the process.
The Minister seems to be getting a little tetchy, if I may say so. Members of the House are carrying out their parliamentary duty to scrutinise the Bill. As the hon. Member for Ealing North (Stephen Pound) said, amendments were introduced on Third Reading in the other place, not on Report, so this is the first chance we have had to debate them. It is perfectly proper to examine the amendments, even though we will not divide the House on them. This is the first opportunity we have had to debate these matters.
May I pick the Minister up on his reference to Members in the other place raising the issues, to ensure that there will be a debate? Is the Minister saying that there will also be a debate in this House on the report?
The report will certainly come before the House. If there is a need for a debate, I am sure that the right hon. Gentleman will ensure that there is one, as I understand it—
If the right hon. Gentleman wishes to call for a debate, we will have one. This is a matter for consultation—
Hold on. The reason the amendments were introduced on Third Reading is the perceived unhappiness in the other place about the existing clause. The amendment allows for further consultation, and the amendments have been welcomed. They are not designed to harm the parliamentary process in any way; quite the opposite, they are designed to allow further consultation.
I am grateful for the fact that the Minister has now placed on me the responsibility and burden for initiating debates, Government business and so on. I hope that he will involve me more often. I am surprised, but I welcome it and will follow him up on it—I am happy to discuss it with him in more detail. He is simply saying that we may have a debate and all the rest of it, but what is the purpose of a report being drawn up, and it being of such importance, if it is not to be debated? Why will the Minister not give a firm commitment that we will have a debate on the report?