Northern Ireland (Miscellaneous Provisions) Bill

Lord Maginnis of Drumglass Excerpts

Tuesday 4th March 2014 Lords Chamber

[Lord Maginnis of Drumglass (Non-Afl)]

My Lords, I want to speak in a more generic sense about what is literally going on at the moment and what is being contrived. I was grateful to the Minister for turning up at the meeting with the Secretary of State yesterday evening. I am somewhat disappointed that she has not preceded the amendment with a statement that would have clarified some of the points that we raised. It appears to me—and I think most people would accept—that we are being asked to legislate on Northern Ireland affairs while they are being blanketed over by secret deals and arrangements that are not in the interests of the people of Northern Ireland, certainly not in the interests of the victims of the Troubles in Northern Ireland, and not in the interests of those soldiers and policemen who, to try to bring peace to our part of the United Kingdom, gave their lives in considerable numbers.

The reality is that eight years ago, in the aftermath of the St Andrews agreement, secret deals were carried out not with one section of our society in terms of nationalist or unionist, but with one little caucus within one section of our society. Those arrangements were dishonourable in the extreme.

If I had had a relative die in Regent’s Park, I would not have a great deal of sympathy for a Government trying to build the future of Northern Ireland, given their attitude to one of the perpetrators of that outrage. I was closer to those victims than most in this Chamber, and that is why I challenge the Minister on this issue on their behalf. It is not always the case in another place but I always believed that this House was an exemplar of democracy and doing things correctly, not a place where we would seek to build on deceitfulness and sleight of hand, such as we have seen in respect of the post-St Andrews arrangements.

Before the Minister goes any further, will she address the reality of deceit that pervades the relationship between Northern Ireland and the rest of the United Kingdom? Not to do so will leave unsatisfied people such as myself, people in Northern Ireland and, not least, the relatives of soldiers and members of the Army who may still be subject to investigation by the PSNI in respect of that unfortunate situation 40-something years ago, when we put young soldiers with no experience of crowd control into a very difficult situation in Londonderry. Perhaps she can tell me whether they are still under investigation by the PSNI. That situation was more than unfortunate; it is something of which we have been ashamed over the years. Some 40-something years on, people in my age group are sitting at home wondering when they will be hauled in front of the courts while the terrorists—the people who planned and murdered in cold blood—are given carte blanche in respect of their actions.

[Lord Alderdice (LD)]

My Lords, from the start when there was discussion about reducing the number of Members of the Northern Ireland Assembly, I have expressed some concern about it. I have never bought the proposition that 108 Members was too large for Northern Ireland, because of the complexity of representation and the running of affairs in Northern Ireland. However, in a time of austerity, when the Assembly and Executive have not exactly distinguished themselves by the volume of quality legislation or governance that they have produced, there is without a doubt public pressure to reduce its size. At the same time, there is a substantial reduction in the number of elected representatives at municipal level and an increasing complexity in the running of events in Northern Ireland.

One thing that is clear, which we shall consider later, is that the Government want to give more and more responsibility to the Northern Ireland Assembly. If the Assembly were functioning well I would have no objections, but it has not been functioning well. Indeed, over the past week or two, given the recent events that were referred to by the noble Lord, Lord Maginnis, relationships between the parties at the most senior levels are worse than they have been for a long time. I therefore want again to express concern about this whole question of reducing the number of Members of the Assembly.

However, I value the amendment brought forward by the noble Baroness. It at least makes it clear that you cannot simply keep on salami-slicing the Assembly’s representation. However, there are often rather superficial views of the work and value of Assembly Members, as compared with the situation in Wales or Scotland, where the issues are completely different. Devolution was not brought to Northern Ireland for the same reasons for which it was introduced in Wales and Scotland. There were different requirements and functions in addition to all the important issues about making sure that governance is as close to the people as possible and so on. I want to flag that up.

It is impossible to ignore the fact that the whole structure is now somewhat shaken by the recent revelations about the on-the-runs letters issue. This is serious because for the past few years there has been within the unionist and loyalist community a sense of alienation. Whether that is justified is not the issue, but we all know that it is there. At the same time, we have elections coming up this year, next year and the year after, over which there are all sorts of anxieties and concerns within the unionist community and, indeed, more widely.

What troubles me somewhat about the general drift of the Bill is that it feels like some measure of disengagement. It is as though we are saying, “We’ve got a resolution with the Good Friday agreement. These are big boys and girls, and it is time to let them get on with things”. Not to be too trivial, it seems to me that it is much more like bringing up teenagers and adolescents, whereby you have to be there and not be there. There is no right way of doing it, but you always have to make sure that you are available because, as sure as eggs are eggs, problems will arise, and if you are not there to help out there will be tragedy.

In terms of administration, the Northern Ireland Office is a tiny affair. It is not quite back at the level that it was before the whole process began in Northern Ireland when Sir John Chilcot, who now has other responsibilities, was a junior official at the Home Office and part of his responsibility was all the Northern Ireland issues. It is not now quite at that level, but it is getting there. Even within the Northern Ireland Office as it is, there are very few people who remember what was necessary for the peace process. The institutional memory is almost threadbare. That is not the fault of the people who are there; it is just the reality of what happens over a period of time.

People may assume that everything will go swimmingly, simply because Northern Ireland is not so much in the news. Events over the past week or two have made it clear that there are serious issues to be dealt with. Why were Mr Haass and Dr O’Sullivan brought in? It was because there were problems regarding the legacy of the past that had not been resolved and were unable to be resolved by the devolved Assembly and Executive. So we did what we have done in the past and asked people to come in from outside to help us. However, it is clear that that did not work.

If the Assembly and the Executive are unable to address the issue, and if those eminent, thoughtful, committed and knowledgeable people who were brought in were unable to resolve it, it seems to me that it is incumbent on the British and Irish Governments at the highest levels to address the question of how we deal with the issues of the past. Although there are lots of matters that one can bring up regarding the on-the-runs letters, this is fundamentally about how we deal with the issues of the past, not just in terms of republicans but in terms of loyalists, and particularly those who served in the security forces over a long period, who still wonder what the future holds for them.

Without wanting to drag this out, I emphasise that it feels—although this may not be the case—as though there is an element of pulling back and disengagement in the drift of the Bill. What has happened in the past week or two has been a very clear demonstration that this is not a time for disengagement, emotional or otherwise. Rather, at the highest levels of government— I am talking about the level of Prime Minister and Taoiseach—there needs to be some responsible re-engagement between the British and Irish Governments and the leaders of the Executive in Northern Ireland to address the issues of the past and all that they mean. There should not be a feeling that we can simply shovel them back over the water and hope that everything will work out well. That is what happened between 1921 and the late 1960s.

For goodness’ sake, let us not make the same mistake of leaving things unattended to until it is too late and we then face an intolerable mess. That is not necessary and we should not do it.

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[Baroness Randerson]

I thank all noble Lords who have taken part in this debate. I shall respond in two parts. I shall first deal with the amendments in this group, and then I shall deal with the issue of the letters.

The noble Lord, Lord Empey, made a point about the potential impact of boundary changes in Westminster constituencies on the Assembly in Northern Ireland. This issue could be looked at again in the context of any reduction in the number of parliamentary constituencies. Indeed, we would expect that to happen. Under the provisions of the Bill, it would be open to the Assembly to reverse any reduction if the number of Westminster constituencies were to be reduced. Therefore, it could restore the number of representatives per Westminster constituency to six, for example, to restore the overall size of the Assembly.

I take issue with the point that the noble Lord, Lord Alderdice, made about this not being the time to give the Assembly additional powers. It is important to reassure noble Lords that there is no plan immediately to introduce all these potential changes. The Northern Ireland Office and the Government are acutely aware of the importance of timing and of dealing with this in the appropriate manner at the appropriate time. As one or two noble Lords have said, it is important that we develop and trust devolution. The point was made that the problems we have had in the past week are problems associated not with devolved government but with the UK Government. Therefore, it is not appropriate to say that because we have a problem now we should not trust devolution. It needs the opportunity to grow.

I now turn to the letters issued to so-called on-the-runs. One or two noble Lords made a point about the timing of what I shall say in relation to the debate as a whole. I remind noble Lords that we have tried to keep the House informed. We have issued two Written Statements, and in the other place there have been questions to the Secretary of State for Northern Ireland and the Attorney-General about them. I used the opportunity of the Bill to try to overcome the procedural constraints which I understand are frustrating noble Lords. I am trying to make the best use of the time available. I assure the noble Lord, Lord McAvoy, that I will do my very best, within the constraints of the procedure in this House, which is agreed with the Opposition, to ensure that there is adequate time to satisfy noble Lords on the various points that they have raised.

I entirely understand that many noble Lords are very keen to set on record their deeply felt concerns about recent developments in Northern Ireland. The Bill, of course, does not directly bear upon those concerns, but it does indeed touch on the issue of confidence in the institutions. It is important to bear in mind that, throughout the past week, it has been clear that Northern Ireland is no longer in a position in which our business can be derailed by political disagreements in quite the same way as was possible in the past. It is essential to the peaceful and prosperous future of Northern Ireland that ordinary, good government goes on. I acknowledge that this House has not yet had the opportunity for debate that many noble Lords are still seeking. However, I point out that, since the High Court judgment in the case of John Downey was delivered on 21 February, there have been, as I said, two Written Statements by the Secretary of State for Northern Ireland on 25 and 28 February. The Attorney-General has also made a Written Ministerial Statement.

Looking at the substantive facts as far as they are known, on coming into office in May 2010, the Government were made aware of a list of names submitted by Sinn Fein to the previous Government under an agreement they had reached to clarify the status of OTRs. These were people living outside the United Kingdom who believed that if they returned they would be wanted by the police for questioning in connection with terrorist offences committed before the Belfast agreement. One or two noble Lords have asked why such a scheme was not available to loyalists. It is my understanding that there had been no request for a similar scheme.

Under the scheme, the police and, in some cases, the Public Prosecution Service for Northern Ireland checked whether sufficient evidence existed in each case at that time for these individuals to be questioned, arrested or prosecuted if they returned to Northern Ireland or any other part of the United Kingdom. If it was found that they were not wanted by the police and that there was no prospect of any prosecution based on the evidence available, the individuals were informed of that fact by a letter from a Northern Ireland Office official. The letters did not amount to immunity, exemption or amnesty from arrest. I say to the noble Baroness that they were not letters of comfort. They were factual statements.

The fact that the letters did not confer immunity, exemption or amnesty was the situation in the past and remains the case now. No recipient of such a letter should be in any doubt that, if evidence emerges after the date on which the letter was issued in connection with terrorist offences committed before the Belfast agreement, they will be liable for arrest and prosecution.

[Lord Maginnis of Drumglass]

Is that not pie in the sky? The reality is that these people are now free to come back without interference from the police. Is the Minister honestly trying to convince us this evening that there would be the degree of further investigation that would produce fresh evidence? The Minister knows different, and I certainly know different.

[Baroness Randerson]

I beg to disagree with the noble Lord; I certainly do not know different. I am aware that, for example, the Historical Enquiries Team is looking assiduously at a number of cases and will continue to do so. It is important that the noble Lord takes account of the fact that there will be an inquiry into this, to which I will come in a moment. That will establish many of the facts that the noble Lord seeks.

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[Baroness Randerson]

I thank my noble friend for that comment, and I certainly give that undertaking. It might be useful if we were to have further discussions on that outside this Chamber.

It may be useful if I set out the terms of reference of the review. The aim will be to produce a full public account of the operation and extent of the administrative scheme for OTRs. I think that that answers the point made by the noble Baroness, Lady O’Loan, in terms of reassuring her that it will deal with her questions. It will determine whether any letters sent through the scheme contained errors other than, of course, the one that we know about. It will make recommendations, as necessary, on this or related matters that are drawn to the attention of the inquiry. Noble Lords will see that this is a very broad remit.

The persons conducting the review will have full access to all government papers on the operation of the scheme and will be free to interview key individuals in the Civil Service and the police, and any others who are willing to give evidence. The report should be provided to the Secretary of State by the end of May 2014 for full publication.

I say to the noble Lord, Lord Maginnis, who asked a question about the Bloody Sunday investigation, that the police must, of course, carry out investigations when serious offences have been alleged, and the actions of soldiers are not beyond that scrutiny. However, this is an ongoing investigation.

The noble Lord, Lord Alderdice, referred to disengagement by the Government in relation to Northern Ireland. I emphasise that it was the Northern Ireland parties which invited Dr Haass to help resolve critical issues. However, the Government took a very close and active part in supporting those talks, as they are doing in continuing efforts to resolve the problems. The Secretary of State has spent an enormous amount of time dealing with the parties, and the Irish Government, on Haass issues.

The noble Lord, Lord Browne, pointed out that the recent crisis concerns UK Government procedures and is not a crisis of devolution. I emphasise to the noble Lord, Lord Mawhinney, that the inquiry will reveal how, and in what way, Ministers were involved. The noble and right reverend Lord, Lord Eames, spoke very powerfully. We recognise the strong feelings about the OTR issue and, indeed, the pain it has caused the families of people who have been murdered over the years. It is important that we bear it in mind that families and friends in Northern Ireland and beyond are suffering as a result of this issue.

[Lord Maginnis of Drumglass]

I get the impression that the noble Baroness is coming to the end of her response. She has clarified the issue about the soldiers involved in the 1972 incident in Londonderry, and I understand that answer. However, I still fail to understand the issue of the 187 letters because she was not clear on that. She said that they are not letters of comfort because the people concerned can be further investigated. When I asked her whether she had knowledge of the police investigating any of those 187 cases, she talked vaguely about the Historical Enquiries Team. Therefore, I extend the question: are any of the 187 people currently being investigated by the HET? I hope by now that she has some knowledge of this.

[Earl Attlee (Con)]

My Lords, the House has been extremely flexible about what we have discussed. We are really supposed to be discussing Amendment 1 and whether or not we should adopt it. My noble friend the Minister has answered quite a few questions and we ought to let her wind up this debate and move on.

[Baroness Randerson]

I will, however, answer the noble Lord’s question. I am not speaking of specific numbers because that is also for the inquiry, but the issue is this: letters were sent following inquiries from a number of people. Those who received a letter that said “There are no known issues against you” were therefore free, if they wished, to return without fear of prosecution. Not everyone who made an inquiry received a letter of that nature. Does that make it clear to the noble Lord? By implication, therefore, there were ongoing inquiries in many cases. That is an important fact that reveals the nature of the exercise; there were and are ongoing inquiries in many cases.

[Lord Maginnis of Drumglass]

My Lords—

[Baroness Randerson]

No, I am sorry—

[Lord Maginnis of Drumglass]

I am aware of the mood of the House but we need a clear answer and we still have not got one. Out of the 187 cases, are any of them likely to be prosecuted? It is not worthy of this House and it is not worthy of the Minister that we do not have clear answers. I am finished; I have concluded what I was going to say. I apologise, but it must be said.

[Baroness Randerson]

The noble Lord is fully aware that I cannot give answers relating to the prosecution of individuals. That is certainly not a matter for a government Minister but one for the police service and prosecuting authorities. It is important that we bear that in mind in this discussion. I want to finish now and make it clear to noble Lords that the inquiry will be wide-ranging, and I have absolute confidence that in the future this House will have the opportunity to debate this issue further. I want, however, to return to the purpose of this discussion and commend the amendment to the House.