Northern Ireland (Stormont Agreement and Implementation Plan) Act 2016 (Independent Reporting Commission) Regulations 2016

Debate between Lord Lexden and Lord Hay of Ballyore

Monday 7th November 2016 Lords Chamber

[Lord Lexden (Con)]

My Lords, it is impossible to forget the widespread feelings of shock and outrage which were evoked by events in Northern Ireland in the summer of last year. They demonstrated, in the most stark and vivid manner, the continuing malign presence of paramilitary organisations 17 years after the signing of the Belfast agreement. The sheer extent of paramilitary malignity was most vividly illustrated for us by the noble Lord, Lord Empey, in his powerful and moving remarks a little while ago.

Some of us felt last year, and still feel, that it was unfortunate, to put it mildly, that the Independent Monitoring Commission, which could have continued to play a most useful role, had been wound up in 2011. It is so much easier to adapt an existing institution to deal with fresh challenges and difficulties than to establish an entirely new one, particularly when two sovereign Governments then have to reach a fresh agreement between them. But of course no sense of regret for what is past should inhibit full-hearted support for the new Independent Reporting Commission. It will have a most important contribution to make in strengthening the still fragile peace of Northern Ireland, which matters above all else.

Some important questions have been raised by noble Lords this evening, and I would like to raise three more. First, the fresh start agreement, signed a year ago this month, states that it,

“places fresh obligations on Northern Ireland’s elected representatives to work together on their shared objective of ridding society of all forms of paramilitary activity and groups”.

One year on, how much progress has been made in advancing these fresh obligations?

Secondly, will the Independent Reporting Commission have all the legal advice that it will need to ensure that its work does not,

“have a prejudicial effect on any proceedings which have, or are likely to be, commenced in a court of law”,

in the words of the agreement signed in September between the two Governments?

Thirdly, when will the remaining regulations subject to the negative procedure be laid? The appropriate period will need to elapse before they become law, which presumably means that they may not have been passed when the commission is established early next year, as my noble friend Lord Dunlop indicated in his remarks at the outset of this debate, although the Explanatory Memorandum issued with the regulations gives next month—December—as the date of establishment.

I hope that the first report of the commission will be forthcoming as soon as possible. We need to be clear that a successful working partnership has been forged between its four members. We need to be clear about the specific aims and objectives that the commission has set for itself in the first phase of its existence. Such matters need to be kept before this Parliament. Under the old Stormont regime, devolution in Northern Ireland meant indifference to the Province’s affairs here at Westminster; that must never ever happen again.

[Lord Hay of Ballyore (DUP)]

My Lords, first, I apologise to the Minister for not being here at the start of this debate. I see this very much as a further development of the political process in Northern Ireland. This can only help. I know that the Executive are dealing with some very difficult issues at the moment. I would hope that these provisions will help them to deal with those issues a lot sooner.

We should put on record the previous Secretaries of State who have worked tirelessly to get where we are in Northern Ireland today. We need to recognise that we have had almost nine years of fairly stable government; okay, there have been a few bumps along the way—some of them fairly serious—but they have managed to stay together. I think that we have a stable Government and a stable Assembly in Northern Ireland now. That is a huge achievement compared to where we came from 20, 25 or 30 years ago. We have all moved on in Northern Ireland. You have only to look at the pledge of office used by Ministers in the Assembly, and by Assembly Members, which is set out in Schedule 4 to the Northern Ireland Act. All this is moving Northern Ireland forward.

This all comes out of what was agreed by the political parties on 17 November in A Fresh Start. I hope that we will now have a commission which will report independently—“independently” is very important. The objective is of course to help end paramilitary and criminal activity in Northern Ireland. I do not believe that this commission can do that on its own; there has to be a collective approach from politicians, policing and the southern Government to bring this activity to an end. I know that some Peers have said, rightly, that it has been 20 years and we still have paramilitary organisations and criminality. They are almost leeches to their own communities; they beg from their own communities and create major problems there. We have to remember that they are happy enough to keep their own community in the way that it is because that helps their cause. For me, it was never about when they would leave the stage; for me, it is how they leave the stage that is vitally important.

I believe that we have paramilitaries who genuinely want to come into the democratic process. We should try to help to bring them in. The police and the justice system in Northern Ireland should deal with those who do not want to come into the process. When you talk to paramilitaries, there is a desire to leave it behind and come in. It is about how we get them in and deal with them, and then how they eventually leave the stage, but they must be part of the solution in Northern Ireland. We cannot isolate them totally and absolutely. Yes, as noble Lords have said, it is 20 years but that is 20 years too long. We need to find a way of dealing with this issue. They are a total curse in Northern Ireland. I believe that on some occasions they hold back our politicians who want to move forward even quicker. The legacy issue in Northern Ireland is a major issue. We must try to resolve that issue. I am hearing reasonably good soundings that they are moving forward on it. If it can be resolved, that will be better for the future of Northern Ireland and for all its people, so let us move forward. This is good news here tonight.