Northern Ireland (Miscellaneous Provisions) Bill

Lord McAvoy Excerpts

Tuesday 3rd December 2013 Lords Chamber

[Lord McAvoy (Lab)]

My Lords, I thank the Minister for her explanation in moving the Second Reading.

As was stated in the other place, this has been a momentous year for Northern Ireland and is an appropriate time to bring forward this Bill. With the visit of President Obama to Belfast and the G8 summit in County Fermanagh attended by the Heads of Government, Northern Ireland was on the world stage, and these events were a great boost to morale throughout the community. Two thousand young people from schools across the whole of Northern Ireland were given a vision of the role that they can and must play in the future of Northern Ireland. President Obama’s speech was inspirational not only to those present in the Waterfront Hall but throughout Northern Ireland. The G8 summit worked out very well and it is only right to congratulate the Prime Minister and the Secretary of State on their vision in locating such an important international event in the magnificent location of Lough Erne in County Fermanagh. I declare a personal interest in that my maternal grandmother came from the Enniskillen area.

[Noble Lords]

Oh!

[Lord McAvoy]

I will not say where my paternal grandfather came from.

The whole of the Northern Ireland community can be proud of the way that the G8 was organised, including especially the co-operation between the PSNI, police forces in the UK and An Garda Siochana, which resulted in protests being facilitated in an orderly way. The summit was a success and a source of pride in the United Kingdom and the island of Ireland. That is the background to this Bill—one of success and not confrontation.

We are all aware that danger remains and there is a lot to do. The flag protests testify to that, and the activities of dissident republican groups remain a severe challenge to the peace process. We can all be grateful for the work of the various security services in making sure that the peace process continues. The Opposition are committed to supporting the Government in a bipartisan way, where it is possible, and we will work very hard to do that. We also have a duty and responsibility to hold the Government to account when we disagree.

As an Opposition, we have to state that there is some disappointment attached to the Bill, not because of what it contains but more to do with the issues that are not dealt with. The use of the word “miscellaneous” is unfortunate as it gives the impression that a number of minor issues are being bundled together and dealt with. The Bill’s provisions have been discussed within the Northern Ireland parties and received general but not universal support. In principle, we support the ending of dual mandates; the extension of the Assembly’s term—temporarily and then permanently; giving security of tenure to the Justice Minister and devolving power on the size of the Assembly. We want to move to full transparency and accountability in political donations. Clearly, we will look at the detail of all the proposals in Committee, but by and large they make sense. However, the Minister will know that the Assembly and Executive Review Committee at Stormont is looking at the size of the Assembly, the number of executive departments, designation, the composition of the Executive, and provision for opposition. These are difficult and sensitive issues. The principles of power sharing and inclusivity are fundamental, but there is an acceptance that the system could be improved and there are demands for more accountability and more rigorous scrutiny of the Executive.

The previous Secretary of State last year launched a review of the operation of the Assembly during a speech in which he criticised the Assembly and the Executive. Vernon Coaker said at the time that that criticism was largely unwarranted and unnecessary and suggested that the Government work in partnership with the Executive and the Assembly to look at how they and the Northern Ireland Office could work more effectively, individually and collectively. To be fair to the current Secretary of State, she has taken an approach more in line with that thinking. However, Vernon Coaker worried that in some respects she has gone too far the other way and has not engaged with some of the issues. Vernon Coaker also said that devolution should not mean disengagement. The Bill gives the House a chance to put its views appropriately and constructively and we hope that, as the Bill goes through its stages in the House, the Government will reflect on how they could take that opportunity.

A lot of progress has taken place on policing and justice. Security of tenure for the Justice Minister has to be welcomed. David Ford continues to do a good job in very difficult circumstances. One issue which I must raise is the National Crime Agency’s inability to operate in Northern Ireland. We regret that, and I hope that as we go through the Bill, we will support the Secretary of State in her attempts to persuade the Home Secretary to work with the Northern Ireland Executive to get the legislative consent necessary for the agency’s remit to extend to Northern Ireland. My noble friend Lady Smith of Basildon has experience of this issue and I hope that she will enlarge on it later in the debate.

On the electoral registration provisions, Westminster still has a role in helping to build a shared future in Northern Ireland that is inclusive of all communities. However, we would like to urge some caution. There needs to be a balance between ensuring that as many people as are entitled to do so engage in the democratic process while protecting against the kind of electoral fraud that undermines the process. The history of violence is very difficult and painful to speak about, but we have had many difficult and painful conversations in Northern Ireland and made progress, and we need to have a conversation on the history of violence. Is there nothing we can propose in the Bill that would help this process and take it forward? The Government say that there is no consensus on the way forward, and therefore no possibility of agreement. We fundamentally disagree, as Members of your Lordships’ House will know.

Dealing with the past—the legacy of the Troubles—is expressly a responsibility of the Northern Ireland Office. It cannot act alone, of course, and we have consistently said that we need a comprehensive and inclusive process with victims and survivors at the centre. The last time that Northern Ireland was debated in the other place, Lady Hermon asked what was meant by that. I repeat today that the Government, in partnership with the Irish Government, and in full co-operation with the Assembly, have a duty to lead but not to prescribe. There has to be consensus all the way. It is very difficult but we must try to create a vehicle through which these issues can be discussed and resolved. Of course that will take time, and it will not be easy, but the prize will be worth it. Victims and survivors are not afraid to talk about the past; the Governments should not be either.

Having said that, the hurt, anger and pain in Northern Ireland which are a legacy of more than 40 years of the Troubles—40 years of killing, bombing and other events—cannot be overestimated. We do not underestimate that legacy but a start has to be made some time, and we think that could be now. We are a little disappointed that the Government cannot find a way in the Bill to allow the issues of the past to be discussed and addressed so that consensus may emerge. The legacy of the past has to be dealt with and the Government must consider the impact that it has on the victims, the survivors and everyone else in Northern Ireland. However, despite those criticisms, we give the Bill our support.