Dissolution of the Independent Monitoring Commission and Independent International Commission on Decommissioning

Owen Paterson Excerpts

Thursday 31st March 2011 Written Statements

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

We have previously announced that the work of the Independent Monitoring Commission (IMC) and Independent International Commission on Decommissioning (IICD) has been nearing completion. We have agreed with the IMC and IICD that the time is now right to bring the commissions to a close and the necessary arrangements have been put in place to wind down both commissions. They will be dissolved on 31 March.

As requested by the UK and Irish Governments, the IMC and IICD have provided both Governments with reports on each commission’s experience and lessons learned. Due to the pre-election period, the reports will be published after the Assembly elections in May on a date to be agreed by both Governments.

I would like to take this opportunity to thank the IMC and IICD commissioners and commission staff who have played a crucial part in supporting and enabling historic changes over the years, assisting in Northern Ireland’s transition to a peaceful, stable and inclusive society.

Oral Answers to Questions

Owen Paterson Excerpts

Wednesday 23rd March 2011 Commons Chamber

[Guto Bebb (Aberconwy) (Con)]

1. What recent progress has been made in discussions with the Northern Ireland Executive and the Chancellor of the Exchequer on changes to corporation tax in Northern Ireland.

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

I have had discussions with my right hon. Friend the Chancellor on this issue yesterday and today. A Government consultation paper on rebalancing the Northern Ireland economy will be published tomorrow. The paper will include a discussion on the potential for transferring the power to reduce corporation tax to the Northern Ireland Executive.

[Guto Bebb]

To what extent has the Azores judgment had a bearing on the Government’s ability to vary the rate of corporation tax in Northern Ireland and other regional authorities?

[Mr Paterson]

I thank my hon. Friend for that question—given that I converted him to the Conservative party in my kitchen. The Azores judgment will conform to our plans, which will be laid out in the consultation tomorrow. We agree that the powers should be devolved to an Assembly that has entire control over its own area and that there should be no countervailing intervention from central Government.

[Ms Margaret Ritchie (South Down) (SDLP)]

I thank the Secretary of State for his interest in the subject. Will the Government now consider the devolution of further tax-raising or tax-varying powers to the Northern Ireland Executive? Does he agree that the more economic levers the Northern Ireland Executive and the Northern Ireland community have available to them, the more the economy will be helped to develop in a better way?

[Mr Paterson]

I thank the hon. Lady for her question. We have no plans to devolve further powers, and I would stress to her and her colleagues that we are talking about a consultation. It is not in the bag. We have lengthy discussions with other colleagues and the Treasury, and it would help if she could galvanise a campaign across Northern Ireland to work with us.

[Mr Shaun Woodward (St Helens South and Whiston) (Lab)]

It is good that it is not yet in the bag, because the Secretary of State will know that since 2000, 80 countries have cut corporation tax rates. I am sure that, among those, he has studied Puerto Rico, a territory of the United States which has an effective corporation tax rate for manufacturing of 2%. What assessment has he made of how that has helped tackle unemployment in that United States territory, and how it has helped those countries generally to recover from global recession?

[Mr Paterson]

I am most grateful to the shadow Secretary of State for his question, but Puerto Rico is a bizarre comparison. I spent three and a half years travelling to Northern Ireland every week. Week after week I went to businesses, and week after week they said that a reduction in corporation tax would most help them.

[Mr Woodward]

It is clear that the Secretary of State travelled week after week, but it is also clear that he learnt nothing. Unemployment in Puerto Rico went up again last month, to 16%. The economy remains in recession for the fourth year. We need Northern Ireland to get out of recession, not to stay in it, so let us be clear—and a simple yes or no will do. Given the vital importance of infrastructure, education and skills to attracting and retaining business, will he guarantee that any consequential changes to the annual block grant and from tax revenue will not leave the Executive with an annual net loss? Yes or no?

[Mr Paterson]

We need no lectures on the economy from the right hon. Gentleman. He was in the bunker with the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown), and he left us with a bill of £280,000 a minute in borrowing and £120 million a day in interest costs. We are absolutely clear that, following the example of the Republic of Ireland, we will grow the revenue.

[Paul Uppal (Wolverhampton South West) (Con)]

2. What recent assessment he has made of the state of the economy in Northern Ireland.

[David Rutley (Macclesfield) (Con)]

8. What recent assessment he has made of the state of the economy in Northern Ireland.

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

Northern Ireland Executive Ministers and I agree that the economy in Northern Ireland needs to be rebalanced. The Northern Ireland economy is too dependent on the public sector, for all the reasons that the House will understand. The consultation paper that we are publishing tomorrow and our ongoing work with Executive and Treasury Ministers will play a significant part in boosting the private sector and attracting investment to Northern Ireland.

[Paul Uppal]

In the last quarter for which figures are available, almost 22% of 16 to 24-year-olds were not involved in education, employment or training, at a cost of more than £250 million. What measures can be taken to rectify that?

[Mr Paterson]

The detail of training and employment policy is now in the hands of devolved Ministers, but my hon. Friend has touched on a common theme. We all have an interest in reviving the private sector in Northern Ireland and seeing those young people put into worthwhile employment.

[David Rutley]

Does my right hon. Friend agree that Northern Ireland benefits from being part of the United Kingdom economy, because it is this Government and this Chancellor who will get the budget deficit back under control and rebalance the economy in favour of sustainable economic growth, as highlighted recently in the OECD report?

[Mr Paterson]

My hon. Friend is absolutely right to remind the House of that. We have a worse deficit than Ireland or Greece, yet our interest rates are considerably lower. That is thanks to the robust measures that the coalition Government have taken to enable us to recover from the wreckage left behind by the previous Government.

[Mr Nigel Dodds (Belfast North) (DUP)]

Is the Secretary of State aware that the very high price of petrol and diesel in Northern Ireland—the highest in the United Kingdom—is having a severe impact on the living standards of families and the viability of businesses? In his discussions with the Chancellor yesterday and today, has he raised support for a fuel duty stabiliser and other measures to tackle this crippling problem, specifically in relation to Northern Ireland?

[Mr Paterson]

The right hon. Gentleman is absolutely correct to raise the issue of fuel costs in Northern Ireland. He will have to be patient and wait to hear what the Chancellor has to say in a few minutes, but I can tell him that the issue has been raised at the highest level.

[Mr Dodds]

I thank the Secretary of State for that answer. An issue that he can respond on is his talk of an enterprise zone for Northern Ireland. Will he elaborate on that and tell the House what specific measures he has in mind to bring about real change and boost competitiveness for Northern Ireland businesses? Has he looked at the specific issue of air passenger duty, which is having a detrimental effect on Northern Ireland compared with the Irish Republic?

[Mr Paterson]

I have been using the expression “enterprise zone” for three and a half years as a cover for looking at ways of reviving the private sector in Northern Ireland. As the right hon. Gentleman knows, I am a convinced evangelist for the proposal to devolve corporation tax, to allow it to be lowered. The paper published tomorrow will also contain an amalgam of ideas from the Executive. On the issue of air passenger duty, he will also have to be a little more patient and wait for the Budget statement.

[Stephen Pound (Ealing North) (Lab)]

On the subject of robust policies, we have now had nine months since the emergency Budget, yet the 65% employment rate in Northern Ireland is the lowest in the UK and unemployment is rising to 8%. May I ask the evangelical Secretary of State how much further pain families in Northern Ireland must be expected to bear?

[Mr Paterson]

The hon. Gentleman should remember the Budgets that he voted for. I remind him that we are borrowing £280,000 a minute, and that we are spending £120 million a day on debt interest, compared with £95 million on education. That is where the money is going: we are paying off the deficit that he left behind.

[Naomi Long (Belfast East) (Alliance)]

3. What assessment he has made of the likely effects of changes in air passenger duty on business travel between Northern Ireland and London.

--- Later in debate ---

[Mr William Bain (Glasgow North East) (Lab)]

6. What recent steps the Government has taken to increase economic competitiveness in Northern Ireland.

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

The Government are committed to working with the Northern Ireland Executive to help boost private sector growth and investment in Northern Ireland. The consultation proposals for rebalancing the economy that the Government will publish tomorrow will send a powerful message to overseas investors. They have the potential to make Northern Ireland a beacon for foreign investment.

[Mr Bain]

Does the Secretary of State recognise that one of the most competitive parts of the Northern Ireland economy is the renewable energy sector? Will he convey to the Chancellor the message that the establishment of a strong green investment bank with its own borrowing powers during the current Parliament is essential to drive the green economy in Northern Ireland?

[Mr Paterson]

I thank the hon. Gentleman for that constructive question. He will have been pleased to note the significant investment in Harland and Wolff’s wind apparatus by DONG Energy the other day—that is very much a theme of the coalition Government—but if he wants to hear further announcements, he will have to restrain himself and wait for the Budget statement which will be delivered in a few minutes’ time.

[Julian Smith (Skipton and Ripon) (Con)]

Northern Ireland, like North Yorkshire, is powered by small business. What message does the Secretary of State think today’s sizzling Budget for growth will send to risk-takers in Northern Ireland and beyond?

[Mr Paterson]

We have the Ulster fry, with which we can celebrate in numerous splendid establishments in Northern Ireland. I think the message is that we have stabilised the economy. We have moved out of the danger zone that we used to inhabit after inheriting the mess from the last Government, and today we can celebrate moving forward with a constructive Budget and specific measures to help small businesses in Northern Ireland.

[Sammy Wilson (East Antrim) (DUP)]

I hope that the Budget sizzles but does not burn the economy.

Does the Secretary of State believe that a corporation tax change for Northern Ireland which also imposes a huge financial burden on public expenditure is likely to promote the competitiveness to which he has referred? Will he ensure that if corporation tax is devolved, it is devolved at a fair rate and in a way that does not make it—

[Mr Speaker]

Order. I should be grateful for a reply from the Secretary of State.

[Mr Paterson]

The hon. Member for East Antrim (Sammy Wilson) and I discussed this matter at length at Hillsborough the other night. We talked until after midnight. He knows that we are proposing a consultation. If the power is then devolved, it will be up to him and his colleagues to decide the manner in which that is done. [Interruption.] He also knows—if he looks south of the border—that the reduction in corporation tax there was recently described as a “cornerstone” of the success of the rebuilding of manufacturing in the Republic of Ireland.

[Dr Alasdair McDonnell (Belfast South) (SDLP)]

Can the Secretary of State give us any advice on steps that the Northern Ireland economy might take to become more productive and efficient? [Interruption.] I am thinking especially of research and development, and in particular of European framework programme 7 for R and D funding.

[Mr Speaker]

Order. I appeal to the House to come to order. It is very difficult for Ministers even to hear the questions that they are being asked.

[Mr Paterson]

The hon. Gentleman will have to wait until tomorrow to see the details in the consultation paper, but I can tell him that we have taken up a range of measures proposed by the Executive. Let me also draw his attention to the national policy that we have imposed, which involves a huge range of measures to revive science and research in this country.

[Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)]

7. When he expects plans to establish an enterprise zone for Northern Ireland to be announced.

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

My right hon. Friend the Chancellor of the Exchequer will unveil the Government’s plans for enterprise zones later today in the Budget. Separately, tomorrow we will publish a consultation paper on rebalancing the Northern Ireland economy and making Northern Ireland an even more attractive place to do business.

[Luciana Berger]

I thank the Secretary of State for that reply. A recent report by the Work Foundation found that 80% of the jobs created by enterprise zones are a result of relocation, and therefore are not new jobs. How will he ensure that the enterprise zones in Northern Ireland will be different?

[Mr Paterson]

The hon. Lady probably does not know that I have been using the phrase “enterprise zone” as a cover-all term for a whole range of measures that would revive the private sector in Northern Ireland. I am sure she agrees that it is unsustainable for—according to one report—77.6% of the gross domestic product of the Northern Ireland economy to come from public spending. Tomorrow, we will publish a paper blending our ideas with those of the Executive on how we will rebalance the Northern Ireland economy.

[David Simpson (Upper Bann) (DUP)]

Does the Secretary of State agree that an enterprise zone across the whole of Northern Ireland is one thing, but if it is interpreted as it was in the 1980s, that will cause major displacements throughout the Province?

[Mr Paterson]

I repeat again what I just said: I have used the phrase “enterprise zone” over the past three and a half years as a cover-all term for referring to investing in a whole range of measures that will help revive the private sector. I have visited the hon. Gentleman’s constituency, and he agrees with me that we must rebalance the economy. The Chancellor will announce the detail of specific measures on enterprise zones in a few minutes, and I hope they will be taken up by the Executive, who will have responsibility in Northern Ireland.

[Andrew Stephenson (Pendle) (Con)]

9. What recent assessment he has made of the level of threat to security in Northern Ireland posed by residual terrorist groups; and if he will make a statement.

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

The threat level in Northern Ireland remains at severe. This Government continue to support the Police Service of Northern Ireland in countering the small but dangerous groups who regularly endanger the lives of police officers and the general public. That is demonstrated by the recent exceptional provision of an additional £200 million for the PSNI over the next four years to combat the threat.

[Andrew Stephenson]

I am sure Members of all parties will join me in condemning the small number of dissidents who continue to use violence. Will my right hon. Friend reiterate how important it is for the public to co-operate with the PSNI by passing on any information that could lead to taking terrorists off our streets?

[Mr Paterson]

My hon. Friend is absolutely right to draw attention to the role that the public can play. The PSNI now has broad support across the community, and as Robert Peel said, the police are citizens in uniform. If the Antrim road bomb had gone off, members of the public would have been maimed by a device put on a bicycle.

[Lady Hermon (North Down) (Ind)]

I thank Members for their silence.

Given that during the troubles terrorist organisations murdered 102 members of the Royal Ulster Constabulary reserve, and that the Secretary of State could not attend a thanksgiving service for the reserve at St Anne’s cathedral on Sunday, will he please take this opportunity to put on record his appreciation of the outstanding courage and enormous sacrifice of the RUC reserve?

[Mr Paterson]

I wholeheartedly endorse the hon. Lady’s comments. Unfortunately, the Minister of State and I had long-standing commitments that we could not break, but we were ably represented by my hon. Friend the Member for Bournemouth West (Conor Burns), who stood in for us, and who will have visited several people there and expressed the same opinions we would have expressed had we been in his place.

[Patrick Mercer (Newark) (Con)]

11. What assessment he has made of trends in the level of dissident activity in Northern Ireland.

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

Terrorists remain active and the threat level remains at severe.

[Patrick Mercer]

Will the Secretary of State join me in congratulating the Garda on the outstanding co-operation over the past few weeks, particularly over the arrest of several dissidents just south of the border?

[Mr Paterson]

I am very grateful to my hon. Friend for his continued interest in Northern Ireland, and we value his experience. I wholeheartedly wish to place on the record our tribute to the Garda for the work that they have done. We have an unprecedented level of co-operation with them: I have met Martin Callinan, the new commissioner; I met the Taoiseach in Washington last week; and I will be visiting Dublin soon to follow up my recent discussions with the new Tanaiste and Justice Minister. We are indebted to the work that the Garda have done and by working with them we will bear down on these unrepresentative dangerous terrorists.

[Mr Gregory Campbell (East Londonderry) (DUP)]

The dissident threat level remains high. Yesterday, the Secretary of State announced the end of the 50:50 discrimination rule in recruitment to the police. Will he join us next week in ensuring that the 10 years of discrimination against young Protestants is completely at an end, and in ensuring that young Protestants and young Catholics can join that police service to combat dissident threat levels and ensure a return to normality in Northern Ireland?

[Mr Paterson]

I am grateful to the hon. Gentleman for his question. We are happy that the Police Service of Northern Ireland now represents the community and offers a career path that attracts people from all across it. The issue is now in devolved hands, which is where it should be.

The Prime Minister was asked—

“Police (Northern Ireland) Act 2000 - Review of Temporary Recruitment Provisions”

Owen Paterson Excerpts

Tuesday 22nd March 2011 Written Statements

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

I have today published the Government’s response to the public consultation on the “Police (Northern Ireland) Act 2000—Review of Temporary Recruitment Provisions”. The response document has been placed in the Library of this House. The temporary provisions came into force in 2001 and the previous Administration renewed them by order on 29 March 2010 for a period of one year.

A total of 162 responses were received to the consultation. Of these 152 were in favour of letting the provisions lapse on 28 March 2011, six were against this proposal and three did not express a definite view. One respondent was in favour of letting the provisions lapse for PSNI officer recruitment, but called for the provisions to be retained for support staff.

The Government have considered the responses to the consultation. They have noted the considerable progress made towards securing a police service that is more fully reflective of the community in Northern Ireland. This follows the recommendation in the Patten report that in order to make a police service representative, community leaders should take steps to remove all discouragement and make it a priority to encourage members of their communities to apply to join the police service.

At the time of the Patten report only 8.3% of Royal Ulster Constabulary officers were from a Catholic community background. Today 29.76% of officers are from a Catholic community background, the top end of the critical mass identified by Patten.

Against this background and given that policing in Northern Ireland is now, rightly, devolved and under local control, the Government consider that the continued use of the temporary provisions can no longer be justified and they will therefore lapse on 28 March 2011. Patten himself said the use of special measures should be revisited after 10 years.

The Government believe that maintaining a police service which is reflective of the society it polices is as important as ever. This view is shared by the Department of Justice and the PSNI themselves and they will continue to work to this end in the years ahead. We want to see this progress continue and for Catholic representation in the PSNI to grow further over time. Patten’s vision of a fair, impartial and effective police service does not end with the provisions.

PSNI recruitment issues are regularly monitored by the policing board which will continue to hold the PSNI to account. The PSNI shared future strategy agreed by the board demonstrates the PSNI’s continuing commitment to promoting equality and diversity, achieving good relations and building trust with the community.

Independent Monitoring Commission

Owen Paterson Excerpts

Wednesday 16th March 2011 Written Statements

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

I have today published and laid before Parliament my sixth annual report on the operation of the agreement between the British and Irish Governments which established the Independent Monitoring Commission (IMC). This report covers the period 18 September 2008 to 17 September 2009.

In line with a commitment made by one of my predecessors, this report also contains the audited accounts of the IMC for the 12-month period ending 31 March 2009.

The report covers the 20th and 21st reports on paramilitary activity. It does not refer to the 22nd report on paramilitary activity as it fell outside the 12-month period under review.

The IMC performs an important role, supporting the transition to a peaceful society and stable and inclusive devolved government in Northern Ireland. I am very grateful to the Commissioners for their valuable contribution and the work they have undertaken over the past year.

Rosemary Nelson Inquiry

Owen Paterson Excerpts

Monday 14th March 2011 Written Statements

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

In anticipation of the publication of the report of the Rosemary Nelson inquiry, I have today asked a team of officials to commence the checking of the inquiry’s report in relation to human rights and national security matters, as outlined below. I intend to adopt the same approach as was used for the checking of the report of the Bloody Sunday, Billy Wright and Robert Hamill inquiry reports.

As I informed the House in my written statement of 16 December 2010, Official Report, column 131WS, the Nelson inquiry intends to complete its report by the end of April 2011. I am responsible for publication of the inquiry’s report, once it is delivered to me. I am advised that I have a duty, as a public authority under the Human Rights Act, to act in a way that is compatible with the European convention on human rights (ECHR). To fulfil this duty, I need to take steps to satisfy myself that publication of the report will not breach article 2 of the convention by putting the lives or safety of individuals at risk. I am advised that these obligations must be met by me personally, in my capacity as Secretary of State for Northern Ireland. Although the inquiry is also a public authority under the Human Rights Act, I am not entitled to rely on the inquiry to satisfy my article 2 obligations and I have a duty to assess this myself. I also have a duty to satisfy myself that publication will not put national security at risk, for example by disclosing details of sources of protected information.

I have established a small team to assist me in carrying out this necessary exercise. The team will comprise the Northern Ireland Office’s principal legal adviser, two officials from the Ministry of Defence, one official from the Police Service of Northern Ireland and one official and one legal adviser from the Security Service, who are familiar with the sensitive material provided to the inquiry panel. This team will be granted access to the report under strict terms of confidentiality and for the sole purpose of carrying out the necessary checks, and they will report directly to me alone. Neither I nor any official beyond the members of the checking team will have access to the report until 24 hours before it is published. Sir Michael Morland has agreed that this team can carry out the checks on the inquiry’s premises while the report remains in the custody of the inquiry. I understand that the report will be made available for checking today.

I want to publish the report in its entirety. Should any concerns about the safety of any individual arise, my first course of action would be to consider whether these can be addressed through alternative means. Were I to reach the conclusion, on advice, that a redaction to the text might be necessary, I would consult Sir Michael Morland. In the very unlikely event that any redaction was deemed necessary, my intention would be to make this clear on the face of the report.

The report must be published first for this House, and I intend to publish the report as soon as possible once the report and the checking process has been completed. However, I acknowledge the importance of this inquiry’s findings in the lives of a number of individuals. As with the publication of the Bloody Sunday and Billy Wright inquiry reports, I intend to consider giving advance sight to those who were designated as represented parties by the inquiry. I intend to discuss this with the Speaker of the House in due course.

Departmental Expenditure Limit (2010-11)

Owen Paterson Excerpts

Thursday 10th March 2011 Written Statements

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

I regret to inform the House that there were inaccuracies in my written ministerial statement printed on 14 February 2011, Official Report, column 62WS. The corrected statement now reads:

Subject to parliamentary approval of any supplementary estimate, the Northern Ireland Office (NIO) total DEL will increase by £13,685,000 from £34,158,000 to £47,843,000. Within the total DEL change, the impact on resources and capital is set out in the following table:

Robert Hamill Inquiry

Owen Paterson Excerpts

Monday 28th February 2011 Written Statements

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

In my written statement of 31 January 2011, Official Report, columns 35-36WS, I informed the House that following an announcement by the Public Prosecution Service for Northern Ireland that it planned to prosecute three individuals in connection with the death of Robert Hamill, I would not publish the report of the Robert Hamill inquiry until these legal proceedings had concluded. Publishing the report while proceedings are ongoing would jeopardise the individuals’ right to a fair trial.

I also set out the checking process which is required to meet the obligations on me in relation to article 2 of the European convention on human rights and in relation to national security. I can confirm that this checking process has now been completed and I have received advice from the checking team which confirms that there is nothing in the report which, if published, could breach article 2 of the European convention on human rights by putting the lives or safety of individuals at risk, or put national security at risk. I am therefore satisfied that once legal proceedings have concluded, the report can be published in full. I have advised Sir Edwin Jowitt, the chairman of the inquiry, of this.

I have also asked Sir Edwin to retain formal custody of the report in a secure location until the legal proceedings have concluded and it can be submitted to me and be published. The report has not been shown to me or to any other member of the Government, or to any officials except the two members of the team who carried out the checking process. I have not been briefed on the contents of the report, nor have any officials other than those in the checking team.

Again, I reassure the House that once the legal proceedings have concluded, I intend to publish the report in full and as soon as practicable. Once a timetable for publication becomes clear, I will update the House accordingly.

Departmental Expenditure Limit (2010-11)

Owen Paterson Excerpts

Monday 14th February 2011 Written Statements

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

Subject to parliamentary approval of any supplementary estimate, the Northern Ireland Office (NIO) total DEL will increase by £13,685,000 from £34,158,000 to £47,843,000.

Within the total DEL change, the impact on resources and capital is set out in the following table:

Counter-Terrorism Legislation Review

Owen Paterson Excerpts

Wednesday 9th February 2011 Written Statements

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

Following the counter-terrorism legislation review the Home Secretary decided to replace section 44 of the Terrorism Act 2000 with a more tightly circumscribed power. Consistent with those changes, I have decided to make a similar amendment to a power of stop and search in Northern Ireland.

I intend to amend the power to stop and search a person without reasonable suspicion contained in paragraph 4 of Schedule 3 to the Justice and Security (Northern Ireland) Act 2007. In future, prior authorisation by a senior police officer, confirmed by the Secretary of State, will be required before the power to search a person without reasonable suspicion to ascertain whether he has munitions unlawfully with him or wireless apparatus with him can be exercised by a police officer. I will also create a new power for police officers to search for such items with reasonable suspicion. In due course I will exercise the power in section 34 of the 2007 Act to make a code of practice governing the exercise of these powers.

Powers of stop and search for the military under the 2007 Act will not be amended.

Changes to the legislation will be brought forward in the protection of freedoms Bill, which will be introduced into Parliament shortly. Robert Whalley, the reviewer of the operation of these powers appointed under section 40 of the 2007 Act, is aware of the changes I plan to make.

Robert Hamill Inquiry

Owen Paterson Excerpts

Monday 31st January 2011 Written Statements

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

The House will be aware of the announcement made by the Public Prosecution Service (PPS) on 21 December 2010. In that statement, the PPS confirmed that, following a review of all the available evidence including that given to the Hamill tribunal, it concluded that the test for prosecution is met in respect of two persons for an offence of conspiracy to pervert the course of justice and one person for an offence of doing an act with intent to pervert the course of justice.

As I informed the House in my written statement of 16 December 2010, Official Report, 131WS, the Hamill inquiry intends to complete its report by the end of February. It remains my intention to publish the report as soon as practicable, but in light of the legal proceedings against these three individuals, I have decided not to publish the inquiry’s report until the legal proceedings have concluded; to do so would certainly jeopardise these individuals’ right to a fair trial. I understand from the inquiry that it is also the family’s wish that the legal proceedings are not prejudiced by the publication of the report. In the meantime, I am exploring ways of ensuring that the report is safely and securely stored between its completion and its publication.

Once the legal proceedings have concluded and the inquiry’s report is delivered to me, I am responsible for its publication. In anticipation of this, I have asked a small team of officials to commence the checking of the inquiry’s report in relation to human rights and national security matters, as outlined below. I intend to adopt the same approach as was used for the checking of the reports of the Bloody Sunday inquiry and the Billy Wright inquiry.

I am advised that I have a duty, as a public authority under the Human Rights Act, to act in a way that is compatible with the European convention on human rights (ECHR). To fulfil this duty, I need to take steps to satisfy myself that publication of the report will not breach article 2 of the convention by putting lives or safety of individuals at risk. I am advised that these obligations must be met by me personally, in my capacity as Secretary of State for Northern Ireland.

Although the inquiry is also a public authority under the Human Rights Act, I am not entitled to rely on the inquiry to satisfy my article 2 obligations and I have a duty to assess this myself. I also have a duty to satisfy myself that publication will not put national security at risk, for example by disclosing details of sources of protected information.

I have established a small team to assist me in carrying out this necessary exercise. The team will be formed of the Northern Ireland Office’s principal legal adviser and an adviser from the Police Service of Northern Ireland. This team will be granted access to the report under strict terms of confidentiality and for the sole purpose of carrying out the necessary checks, and they will report directly to me alone. Sir Edwin Jowitt has agreed that this team can carry out the checks on the inquiry’s premises while the report remains in the custody of the inquiry. I understand that the report will be made available for checking today.

I want to publish the report in its entirety. Should any concerns about the safety of any individual arise, my first course of action would be to consider whether these can be addressed through alternative means. Were I to reach the conclusion, on advice, that a redaction to the text might be necessary, I would consult Sir Edwin Jowitt. In the very unlikely event that any redaction was deemed necessary, my intention would be to make this clear on the face of the report.

It is not possible to estimate how long the legal proceedings against the three individuals will take. I assure the House that once they have concluded, I intend to publish the report as soon as possible. Once a timetable for publication becomes clear, I will update the House accordingly.