Sentence Review Commissioners

Owen Paterson Excerpts

Thursday 8th July 2010 Written Statements

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

I have today arranged for the annual report of the Sentence Review Commissioners for Northern Ireland to be laid in the House. Copies of the report have been placed in the Libraries of both Houses.

Billy Wright Inquiry

Owen Paterson Excerpts

Tuesday 6th July 2010 Written Statements

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

In anticipation of the publication of the report of the Billy Wright 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 Inquiry.

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 confidential information.

During the course of the Inquiry, the Government and security forces submitted to the Inquiry Panel some material that was relevant to its work but which was too sensitive to be disclosed publicly, sometimes because it contained information which had been provided to the security forces by individuals. If those individuals could be identified from the details they provided it would endanger their lives. I understand that the Inquiry Panel does not intend to refer to any material which would constitute a breach of article 2, or compromise national security, but I have a duty to satisfy myself before publication that none of this material has inadvertently been revealed in the report. The Inquiry Panel also agreed that the identities of a small number of individuals who were engaged on highly sensitive duties should not be disclosed and I need to be assured that these individuals have not been identified.

I have established a small team of officials and legal advisers to assist me in carrying out this necessary exercise. The team will be led by the Northern Ireland Office’s principal legal adviser, but will need to include members drawn from the Ministry of Defence, Security Service, and PSNI who are familiar with the sensitive material provided to the Inquiry Panel. They 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. Lord MacLean has agreed that this team can carry out the necessary checks on the Inquiry’s premises while the report remains in his custody, before it is submitted to me. I have confirmed to Lord MacLean that I am content with this proposal. I understand that the report will be made available for checking today.

I believe that these checks are absolutely necessary in order to meet the legal obligations on me. Following the approach used for the checking of the Bloody Sunday Inquiry report, I have sought Lord MacLean’s permission to allow members of the Inquiry legal team to be present during the checking process, to which Lord MacLean has agreed. At all times, members of the Inquiry legal team will be acting as representatives of the Inquiry and not as advisers to me or the checking team.

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 Lord MacLean. 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 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 Inquiry report, 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 this House in due course.

Oral Answers to Questions

Owen Paterson Excerpts

Wednesday 30th June 2010 Commons Chamber

[Dr William McCrea (South Antrim) (DUP)]

1. What progress has been made in providing assistance to savers affected by the current situation of the Presbyterian Mutual Society.

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

Both the Prime Minister and I have publicly stated our firm commitment to working with the Northern Ireland Executive to ensure a just and fair resolution to the PMS situation, and all options are being considered. The reconvened ministerial working group will meet soon to review progress, and I will be its chairman.

[Dr McCrea]

Is the right hon. Gentleman aware that many of those with savings of less than £20,000 in the PMS are in the older age bracket? As a result, they have been denied access to their savings for more than 20 months and have faced hardship and great distress. Does he appreciate that the urgent resolution of this situation is necessary? What timetable is he working on to resolve it?

[Mr Paterson]

I am grateful to the hon. Gentleman for his question. I totally appreciate the severity of the pressures, particularly on older people, who are having trouble paying nursing home fees and so on. I would love to set a timetable, but I cannot do so. All I can say is that this Government take this issue seriously, we will get a grip on it, we have reconvened the working group and I will chair it. I very much hope that we will arrive at a solution.

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

I thank the Secretary of State for his answer. Given the extent of central Government support for failed financial institutions and the severe budgetary pressures faced by the Northern Ireland Executive, does he accept that it is imperative that the Treasury endeavours to alleviate the financial burdens faced by savers in the PMS? Will he take those views on board when he begins to chair this group shortly? If the Northern Ireland Executive find resources for this organisation, will the Treasury match those several-fold?

[Mr Paterson]

I am most grateful to the hon. Lady for her question. I would not want to prejudge the result of our deliberations, so I merely say that my hon. Friend the Financial Secretary to the Treasury will be on the working group, and its other four members are all part of the Executive and will put the point of view of the Executive clearly in our deliberations.

[Mr Iain Wright (Hartlepool) (Lab)]

2. What recent assessment he has made of the extent of activities of dissident republicans in Northern Ireland.

--- Later in debate ---

[Paul Farrelly (Newcastle-under-Lyme) (Lab)]

4. What his policy is on holding further public inquiries into events involving deaths which took place during the troubles in Northern Ireland.

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

I reaffirm the statement made to this House by my right hon. Friend the Prime Minister on 15 June, where he reassured the House that there would be

“no more open-ended and costly inquiries into the past.”—[Official Report, 15 June 2010; Vol. 511, c. 741.]

[Paul Farrelly]

May I, too, congratulate my next-door neighbour from just over the border in Shropshire on his appointment as the Secretary of State? Does he agree that the Saville inquiry, no matter how long it took, marked a watershed in the troubled history of Northern Ireland? While respecting the families’ legitimate rights still to grieve, it is important to look to the future. All the Governments of the past 30 years should be congratulated on their efforts toward reconciliation in Northern Ireland, but will he outline what specific initiatives the new Government will take to secure peace in Northern Ireland?

[Mr Paterson]

I am most grateful for my neighbour’s kind comments. He is absolutely right that Northern Ireland needs to look ahead, but the people of Northern Ireland need to work together, and solutions for dealing with the past and looking ahead must be agreed among those who lead the country at local level. We cannot have solutions being imposed from above.

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

I, too, congratulate the Secretary of State and the Minister of State on assuming their posts. In the Prime Minister’s statement on Saville, he said that he wanted to

“reassure the House that there will be no more open-ended and costly inquiries into the past.”—[Official Report, 15 June 2010; Vol. 511, c. 741.]

We know that that was also the Secretary of State’s position in opposition, so we were a little intrigued to hear from the Prime Minister in the same statement that we

“should look at each case on its merits.” —[Official Report, 15 June 2010; Vol. 511, c. 744]

So—a straight answer here will do—does the right hon. Gentleman accept that he may have been a little rash, in opposition, definitively to rule out future inquiries, whatever the case? A yes or no will do.

[Mr Paterson]

I am most grateful to the shadow Secretary of State for his comments. I do not want to turn this into a love-in, but I compliment him on delivering the final stage of devolution. That was his great achievement as the Secretary of State. It is important, in considering that past, that we do not shut out any possible solutions. The Prime Minister said last week in his statement that the Historical Enquiries Team is doing good work, has support across the community and achieves very high satisfaction levels: 86% of those who have had HET reports were satisfied with its performance. For the time being, that is the route ahead, but we cannot impose a solution from above.

[Mr Woodward]

I am glad that the right hon. Gentleman mentions the HET, which he will know was established as part of a process and is not, of course, the process. It is looking at 3,268 unsolved killings, but after five years it is still working on the 1970s. It is not an inquiry, it is not an inquest and it is not a police investigation. We know that all families want the truth, so will he be straight with those families, including the family of the hon. Member for South Antrim (Dr McCrea), and admit that now Saville has been published, there is a responsibility on the Government to come forward with a fully funded, comprehensive process to establish and discover the truth and bring reconciliation for all families?

[Mr Paterson]

We have a process through the HET that is achieving very high levels of satisfaction—of the families who have had a report, 95% credited it for professionalism and 86% for performance. That is working. Before we go further, we need to work with local politicians. As I keep repeating, there is no role for us, as the national Government, to impose. I draw the right hon. Gentleman’s attention to comments made by David Ford this week.

“We cannot have a Saville-type inquiry for all the tragedies of the past, but the fundamental matter of dealing with the past is something which has to be dealt with collectively by the Executive.”

[Mark Durkan (Foyle) (SDLP)]

5. What plans he has to take into account the recommendations of the report of the Consultative Group on the Past in formulating policy on reconciliation measures in Northern Ireland.

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

In determining what role I can play, I will of course consider the recommendations made by the Consultative Group on the Past. I will shortly publish a summary of responses to the previous Government’s consultation on the group’s proposals.

[Mark Durkan]

I congratulate the Secretary of State on his appointment and I thank him and his predecessor for the quality of contact and consideration that they extended to the families regarding the publication of the Saville report. On the wider issues of the past, there are thousands of victims, all of whom have different needs in terms of truth, recognition and remembrance. Does the Secretary of State agree that the community also has a collective responsibility to discharge its regard for the past so that future generations will know that it was a dirty war and that we will never settle for a dirty peace?

[Mr Paterson]

I am grateful for that question and pay tribute to the hon. Gentleman, who has taken me to his constituency. I met the families in the Bogside two or three years ago, and on that trip I also met Dr Hazlett Lynch a few hours later. That drummed into me the fact that there is no consensus on the past. We have to work at local level, and I appeal to the hon. Gentleman to work with his colleagues in the Executive, in collaboration with us, to find a way forward. However, there is no black-and-white solution that will work if we impose it from above.

[Naomi Long (Belfast East) (Alliance)]

May I add my congratulations to the Secretary of State on his appointment? Is he aware of the report produced this morning by the Commission for Victims and Survivors giving the Government advice on dealing with the past? How will he take forward the report’s recommendations so that we have a more comprehensive process for dealing with all aspects of the past and the needs of victims?

[Mr Paterson]

I am grateful to the hon. Lady for that question. The document will form part of our listening exercise. We will publish the summary of the conclusions of those who responded to the previous Government on the Eames-Bradley report. As I have said, we will be going round talking and listening to various groups, but I repeat—for the nth time in this question session—that we cannot impose. It is up to people in Northern Ireland to work together to decide a strategy going forward.

[Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)]

6. When he plans to establish a public inquiry into the death of Pat Finucane.

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

I am aware of the previous Government’s commitments and that there has been a long-running exchange between the previous Government and the Finucane family on the question of an inquiry.

Before I explain how I propose to approach this question, I want to hear the views of the Finucane family for myself. I have written to the family to invite them to meet me.

[Meg Hillier]

I welcome the Secretary of State to his position and thank him for that answer. Earlier, he indicated once again that there would be no more open-ended inquiries, but when the Prime Minister responded to the Saville report, he said both that and

“but of course we should look at each case on its merits.”—[Official Report, 15 June 2010; Vol. 511, c. 744.]

Although I thank the Secretary of State for his answer, I am not sure—and I wonder whether the family of Pat Finucane are sure—which of those positions holds true for that case.

[Mr Paterson]

As the hon. Lady knows, the issue was the subject of considerable discussion between the Finucane family and the previous Secretary of State. I think that today it is appropriate for me to talk to the family first rather than to give a black-and-white answer on how we are going to take this forward.

[Mr Jeffrey M. Donaldson (Lagan Valley) (DUP)]

As the Secretary of State will know, there is no bar to an inquiry on this issue, except that the family are looking for some kind of special provision. If he grants that, the danger is that he will create a hierarchy of victims, and that thousands of people who have not had justice will look on and wonder why they are not getting the same justice.

[Mr Paterson]

I am grateful for that, and the right hon. Gentleman makes a valid point. I repeat my earlier reply—that, at this stage, the first thing that I should do is to go and talk to the family—but I also repeat that it is our policy not to have any more costly and open-ended inquiries.

[Robert Halfon (Harlow) (Con)]

8. What discussions he has had with ministerial colleagues on the system of dual mandates in the House of Commons and the Northern Ireland Assembly.

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

I should be demanding time and a half.

I have had several discussions with ministerial colleagues on the system of dual mandates. I believe that dual mandates should be brought to an end but that the best way to do so is by consensus among the Northern Ireland parties.

[Robert Halfon]

Does my right hon. Friend agree that so-called “double jobbing” has scarred Northern Irish politics for far too long? If local parties will not agree to end that voluntarily, will he consider introducing legislation to restrict the practice and ensure that double-jobbers take only one salary?

[Mr Paterson]

I am grateful to my hon. Friend for that question, and he is quite right. The time to end double-jobbing is upon us: quite simply, a Member cannot sit in two legislatures at once. We know from local polls that double-jobbing is very unpopular—in one poll, 71% of respondents were against it. We would like to negotiate with local parties and, if absolutely necessary, we would legislate. However, I draw attention to the example set by my hon. Friend the Member for Vale of Glamorgan (Alun Cairns). On the day that he was elected to this House, he announced his intention to stand down from the Welsh Assembly, and he has forgone his salary for the rest of this year.

[Mr Speaker]

Order. There are far too many private conversations taking place in the Chamber. It is very unfair on the hon. Member asking the question, and indeed on the Minister answering. The House must come to order.

--- Later in debate ---

[Conor Burns (Bournemouth West) (Con)]

11. What recent discussions he has had on his Department’s policy in response to the collapse of the Presbyterian Mutual Society.

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

I have held a number of discussions with both Treasury Ministers and Ministers from the Northern Ireland Executive in recent weeks as we seek to identify options to assist members of the Presbyterian Mutual Society. The reconvened PMS ministerial working group will meet soon to review progress.

[Conor Burns]

I welcome the Secretary of State’s reply, which will give some reassurance to the thousands of people in Northern Ireland affected by the collapse. Does he recognise that there have been 18 months between the collapse of the society and the general election, and that this is another example of the Labour party leaving a mess for us to sort out?

[Mr Paterson]

My hon. Friend is absolutely right, because it was a boast of the previous Prime Minister that

“No UK depositor has lost money.”

That is why we have decided to grip the issue, and why I will chair the working group. I very much hope that we will come to a resolution soon.

[Ian Paisley (North Antrim) (DUP)]

Rather than those on both sides of the House playing party politics with the needs of savers in Northern Ireland, can the Secretary of State tell the House when he will come to a conclusion, so that savers, especially pensioners who are hard pressed at this time, can access and use their money?

[Mr Paterson]

We have been in power only seven weeks. We have set up the working group. We will set about our work with determination, and I hope we will provide a solution soon.

[Bob Stewart (Beckenham) (Con)]

Speaking as someone who was very kindly treated by the Garda when I made a map-reading error in hot pursuit, may I ask my right hon. Friend what the relationship currently is between the Garda and the Police Service of Northern Ireland?

Bloody Sunday Inquiry Report

Owen Paterson Excerpts

Wednesday 26th May 2010 Written Statements

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

I am pleased to inform the House that the report of the Bloody Sunday Inquiry, chaired by Lord Saville, will be published on Tuesday 15 June.

I know that publication of this report has been long-awaited by many people, and I am determined to ensure that the arrangements for publication are fair to all those involved. My right hon. Friend the Prime Minister will make a statement to this House at the time when the report is published. With the permission of the Speaker, I confirm that I will allow an opportunity for members of the families of those who died or were injured on the day, and for the soldiers most directly involved, to see the report privately and be briefed by their lawyers on it, some hours before the report is published. Some Members of this House will similarly have an opportunity to see the report in advance of publication, to enable them to respond to the statement made to this House at the time of publication. In addition, there will be a full day’s debate on the report of the inquiry in the autumn.

Independent Monitoring Commission Report

Owen Paterson Excerpts

Wednesday 26th May 2010 Written Statements

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

I have received the 23rd report of the Independent Monitoring Commission (IMC). This report has been made under articles 4 and 7 of the international agreement that established the Commission and it reports on levels of paramilitary activity in Northern Ireland. I have considered the content of the report and I am today bringing it before Parliament. I have placed copies in the Library of the House.

The IMC reported on the continued and significant threat posed by dissident republicans and concluded that they remain highly active and dangerous. During the six months under review, RIRA were responsible for a ruthless and intensive campaign of violence; they committed and publicly claimed one murder and tried, but failed, to murder many others.

The IMC notes the positive progress on decommissioning by both loyalist and republican paramilitaries prior to the end of the amnesty in February this year. This, combined with the ending of the remit of the IICD by the two Governments, marks an extremely important change, and is a tribute to the great work carried out by the Commission.

The Commission also notes that the devolution of policing and justice means that the criminal justice system is accountable to the people of Northern Ireland and as such offers a potent response to paramilitaries by encouraging greater public support and confidence.

Government's Legislative Programme (Northern Ireland)

Owen Paterson Excerpts

Wednesday 26th May 2010 Written Statements

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

The First Session UK legislative programme unveiled in the Queen’s Speech on 25 May contains measures of relevance to the people of Northern Ireland.

The following is a summary of the legislation announced in the Queen’s Speech and its impact in Northern Ireland. It does not include draft Bills.

The list also identifies the lead Government Department.

The following Bills extend to Northern Ireland, in whole or in part, and deal mainly with excepted matters. Discussions will continue between the Government and the Northern Ireland Executive to ensure that where provisions that are specifically for a transferred purpose are included in any of these Bills, the consent of the Northern Ireland Assembly will be sought for them:

Parliamentary Reform Bill (Foreign and Commonwealth Office)

Equitable Life Payments Scheme Bill (HM Treasury)

National Insurance Contributions Bill (HM Treasury)

Office for Budget Responsibility and National Audit Office Governance Bill (HM Treasury)

European Communities (Amendment) Referendum Lock Bill (Foreign and Commonwealth Office)

Public Bodies Bill (HM Treasury/Cabinet Office/Business, Innovation and Skills)

Financial Services Regulation Bill (HM Treasury)

Postal Services Bill (Business, Innovation and Skills )

Draft Parliamentary Privilege Bill (Ministry of Justice)

Identity Documents Bill (Home Office)

The following Bills may extend to Northern Ireland to varying degrees. They require the consent of the Northern Ireland Assembly in relation to those provisions in the devolved field:

Welfare Reform Bill (Department for Work and Pensions)

Freedom Bill (Cross-departmental)

Pensions and Savings (Department for Work and Pensions )

Energy Security and Green Economy (Department of Energy and Climate Change)

Health Bill (Department of Health)

Discussions will continue between the Government and the Northern Ireland Executive on Bills that might include provisions that require the consent of the Northern Ireland Assembly.

The following Bills will have limited or no impact in Northern Ireland:

Local Government (Revocation of Structural Change) Bill (Communities and Local Government)

Police Reform and Social Responsibility Bill (Home Office)

Education Freedom Bill and Education and Children’s Bill (Department for Education)

Scotland Bill (Scotland Office)

Decentralisation and Localism Bill (Communities and Local Government)