Northern Ireland (Miscellaneous Provisions) Bill

Baroness Ritchie of Downpatrick Excerpts

Wednesday 12th March 2014 Commons Chamber

[Mr Robathan]

Lords amendment 1 is the first of a number of amendments made in another place at the Government’s behest following extensive discussions there. They follow changes we made to the draft Bill after discussions in this House’s Northern Ireland Affairs Committee. I hope that it can therefore be said that we have listened to people during the passage of the Bill and that it has been improved as a consequence.

Lords amendment 1 limits any reduction in the size of the Northern Ireland Assembly to one Member for each constituency—from six to five. It also requires that any such reduction must have cross-community support in the Assembly. In the other place it was correctly pointed out that under the Bill’s previous provisions the larger parties in the Assembly could legislate to reduce its size by a substantial number. The House of Lords was of the view that there would be limited safeguards to prevent them so doing.

Many in Northern Ireland believe that, with 108 Members, the Assembly is too large, but it is not the Government’s intention that the Assembly should shrink dramatically. When it was established, the intention was that it should be a widely inclusive body, which is essential to the healthy functioning of the Northern Ireland settlement. The Government therefore tabled this amendment to ensure that the drafting of the Bill better reflects that policy. We hope that the Assembly will carefully reflect on the possibility of reducing its size at a time when spending in all parts of the public sector is under pressure.

We are, of course, leaving it to the Assembly to decide whether to reduce its size, and the amendment confines any reduction to one Member per constituency. If the Assembly decides to take that up, smaller parties and minority voices will still be well represented. I trust that the House will agree that these are welcome amendments.

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

My colleagues and I are comfortable with Lords amendments 1 to 3, which we think are sensible, so we will not oppose them. Any reduction in the size of the Northern Ireland Assembly should quite rightly be a decision for that Assembly. As an MP who no longer sits in the Assembly, like some of my Northern Ireland colleagues sitting behind me, I agree that any reduction in its size should be voted on by the Assembly, rather than imposed from here.

Although my party agrees that there is a case for reducing the number of Members of the Legislative Assembly at some stage, any discussion of that must take into account the sensitive local considerations. Such a move might be inadvisable at the current time. We firmly believe that any change to the Assembly’s composition must be guided by the principles that it should be representative, proportionate and reflective of both traditions in the wider community.

As Baroness O’Loan said in the other place, reducing the number of MLAs returned to each constituency could have serious consequences for representation in Northern Ireland. We must always be careful not to leave certain areas unbalanced or unrepresentative. We have a clear interest in retaining plurality of representation and must pay keen attention to factors that are specific to Northern Ireland when making these decisions.

We have also made it clear that we are concerned about the increasing concentration of power in the hands of two parties. We would be cautious about any measure that might exacerbate that situation. For that reason, we support the measure to ensure that the Secretary of State requires a cross-community vote in the Assembly before any legislation to reduce its size can be passed. That cross-community element is embedded in the Good Friday agreement of 1998 and the consequential Northern Ireland Act, which was passed in July that year. Embedded in that Act were the principles of proportionality, mutual respect and understanding. Given the unique circumstances in Northern Ireland, and given that we do not wish to exacerbate the situation, we feel it would be better if those principles were embedded in the size of the Assembly. I am therefore happy, on behalf of my colleagues, to support the amendment.

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

Our party strongly supports reducing the size of government generally in Northern Ireland—and across the United Kingdom for that matter—including the number of Government Departments in Northern Ireland. We are also on record as wanting to see a reduction in the number of Assembly Members. We believe that Northern Ireland can function more efficiently and in a leaner and better way with fewer politicians for the size of its population.

In May there will be elections to new councils in Northern Ireland, the number of which will have been dramatically reduced from the present number, and the number of councillors will also be reduced. We are in favour of the general thrust to reduce the size of government, and we have already put proposals to the Assembly’s Assembly and Executive Review Committee on that issue.

When the Minister responds to the debate, will he comment on the consultation that took place with the Assembly parties on the amendment? Although, under the amendment, the decision to reduce the number of MLAs can be taken by the Assembly, it can reduce the number by only one for each constituency—from six to five. I would certainly be very interested to know to what extent the Government consulted on that provision with the Assembly parties, because it has been generally understood that the measures that would come before the House would have the broad consensus of parties in Northern Ireland.

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[Stephen Pound (Ealing North) (Lab)]

Inspired, as ever, by the wondrous words of the hon. Member for Strangford (Jim Shannon), I can only say that I am sure the Deputy Prime Minister, were he present, would say that he not only loves the people of North Down, but adores the people of South Down—in fact, of all the Downs—and that he would almost certainly express his adoration and passion for the whole of northern Europe, nay the globe. For the record, may I say on behalf of Her Majesty’s Opposition that we have immense respect and affection for the people of North Down and, if you will allow me, Mr Deputy Speaker, especially for their elected representative, the hon. Member for North Down (Lady Hermon)?

I apologise, Mr Deputy Speaker, that my hon. Friend the Member for Bury South (Mr Lewis) is not in the Chamber. He is currently gliding smoothly into Dulles airport for what used to be the St Patrick’s day celebrations, but are now the St Patrick’s fortnight celebrations. He has assured me that he will watch this debate with keen interest. I have no doubt that when the party starts in the White House, he will demur from any invitations in order to watch it on catch-up.

[Ms Ritchie]

rose—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. As much as I am enjoying the entertainment—I allow a little scope, but I am not sure how far that scope will take me to airports around the world—I think that the hon. Lady does not wish to intervene now, and I want to hear the hon. Gentleman get to at least some of the Lords amendments.

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[Mr Dodds]

I do not know whether the hon. Lady will seek to catch your eye, Madam Deputy Speaker, but she makes a good point. I look forward to the Minister responding to it. As she says, the amendment mentions “internationally accepted principles” and their application vis-à-vis national human rights bodies. Her point is valid. The amendment says that not only the independence of the Northern Ireland Human Rights Commission is a matter for the report, but the relationship between the commission and the Assembly.

Given that the clause is a small provision—it simply provides an enabling power, which the Order in Council will implement—on what basis will the report be compiled? Will there be an investigation? Will there be an Assembly inquiry, with evidence being taken on how the measures operate? If it were devolved, it would be a matter for the Assembly, so what would be the purpose of reassuring ourselves in this House and in the other place about all these matters three months prior to a debate?

[Ms Ritchie]

I support the amendments and I understand the points that have been raised by the right hon. Member for Belfast North (Mr Dodds) on their reasoning and the rationale behind them. In relation to the Northern Ireland Human Rights Commission and the civil service commissioners, the amendments are sensible. It is right that before any discussion of the future devolution of these elements, proper consideration is given to the impact on the impartiality of the civil service.

I well recall the considerable discussions in 1988 and 1989 in this House and the other place on the advances to be made on ensuring there is respect for people in workplaces and on fair employment. References were made then to the need to respect the merit principle in private sector organisations above a certain level of employee. Comments were also made about the Northern Ireland civil service and the need for impartiality, fairness and due participation across the community if we were to build a society that was reflective of and proportionate to the wider Northern Ireland. I see the amendments in that context.

It is important that any report on the Northern Ireland Human Rights Commission pays regard to the importance of its independence in conforming to internationally recognised standards and maintaining a balanced relationship with the Assembly. In that respect, I regret that the Government have not seen fit to introduce a Bill of Rights in Northern Ireland. There has been considerable discussion and indeed, some months ago, the hon. Member for Belfast East (Naomi Long) sponsored the visit of the Northern Ireland Human Rights Consortium to discuss the need for such a Bill—and the impetus within the wider community for it—that would enshrine the rights of all in legislation. Such a Bill is still urgently needed. It cannot be covered by a UK Bill of Rights. There are rights that are peculiar to Northern Ireland, which has a particular political situation that needs to be recognised. I regret the fact that the Government did not see fit to introduce a Bill of Rights that could have run concurrently with the Bill through both Houses. I ask the Minister to reflect on that issue when he sums up, to talk to his colleagues in government, and to ensure that such legislation is introduced.

I know what the Minister’s response will be. He will say that such a Bill would need the support of all parties in Northern Ireland, but I can tell him that the idea has received considerable support among the wider community in Northern Ireland, with considerable impetus behind a Good Friday agreement based on the principle of consensus and agreement. I think he would also find such support here. I hope that the Minister will reflect on the need for a Bill of Rights.

This is our last opportunity to discuss a Bill which, although short, is important to Northern Ireland. I have only one regret. During the Bill’s earlier stages, we were concerned about the lack of transparency surrounding the issue of an increase in the Assembly’s mandate from four to five years. On Second Reading I described the issue as a mystery, because it was never resolved. I would not like to think that that was part of a secret deal between two principal parties in the Northern Ireland Executive and the British Government. Yet again, I ask the Minister to clarify that issue.

Other issues relating to Haass have been raised during the Bill’s passage. My hon. Friend the Member for Foyle (Mark Durkan) raised the issue of the Historical Enquiries Team, and asked how there could be more coherence in inquiries so that patterns and trends that emerged could be dealt with. In that connection, a book called “Lethal Allies”, about the Glenanne gang, was published recently. A pattern emerged in the type of activity involved in murders of that kind. We felt that those issues could have been reflected in the Bill.

All of us who represent Northern Ireland constituencies and take our seats here want a just and lasting settlement for everyone which is based on our moving on. It is interesting to note that Richard Haass, who spent six months in Northern Ireland drawing up proposals on reconciliation, on the past, and on flags and emblems, said today in a United States congressional committee that he wanted Northern Ireland to move on. He has expressed his fear that it could slip back into the violence of its troubled past if we, as politicians, do not grasp the opportunity to deal with divisive issues. I believe that that opportunity exists now, and that we should move forward.

I believe that there should be no more secret deals, no more on-the-run letters, and no more get-out-of jail passes, as I think they were termed by the right hon. Member for Belfast North (Mr Dodds). We must move forward on the basis of transparency, openness, fairness, equality and proportionality for all. The amendments will take us a step further towards fair representation, and a consensual approach to politics and to dealing with issues that still need to be addressed in Northern Ireland.

[Jim Shannon]

I want to make a couple of brief comments about the civil service commissioners and the Human Rights Commission.

Northern Ireland has had its own civil service since the 1920s, and, as others have said, it has done admirably over the years. The Northern Ireland civil service itself is and always has been a devolved matter, but in 1998 it was decided not to devolve the civil service commissioners at least for the time being. Like their Whitehall counterparts, they are responsible for ensuring that appointments to the civil service are made on merit, and on the basis of fair and open competition. I believe that the amendment will ensure that by requiring the Secretary of State to present a full report to the House, so that all will be open and transparent before any devolution takes place, and I therefore support it.

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[Mr Dodds]

rose—

[Ms Ritchie]

rose—

[Mr Robathan]

I will give way to the right hon. Gentleman first.

[Mr Robathan]

I will respond after the second intervention.

[Ms Ritchie]

I thank the Minister for giving way again. Further to the intervention of the hon. Member for Belfast East (Naomi Long), where in clauses 4, 5 or 6 is it specified that there will be consultation? Reference has been made by the Minister to consultation, but the Bill does not actually say that.

[Mr Robathan]

The reason for our discussion now is the amendments to the clauses. We are having a debate on the Floor of the House of Commons to discuss those matters. I am telling the hon. Lady that there will be consultation, whatever it says in the piece of paper in front of her. The point of the report is to inform parliamentarians of the Secretary of State’s view about the effect of devolution after consultation. She will not come to that view without having consultation. If there is agreement, there is not necessarily a requirement for debate; if there is some disagreement, there would be a requirement to debate—but we are aiming for consensus. The point made by the hon. Lady about what is actually written down in the amendment is somewhat spurious.

[Ms Ritchie]

I have to say, and my colleagues across the parties in Northern Ireland who sit here would agree, that the legislation would normally state whether there was to be consultation, so that that consultation could actually take place. No one was trying to say one thing, but to do the other.

[Mr Robathan]

I say quite categorically that the purpose is to allow the Secretary of State to consider the issues transparently, engendering trust, which has been mentioned. There will be consultation—I can assure the hon. Lady of that.

Let me deal with something else the hon. Lady mentioned. I was surprised she said that human rights in Northern Ireland were different from human rights elsewhere, as I seem to recall that human rights are usually referred to as being universal. Although there are sad and particular conditions in Northern Ireland, I do not think that the human rights of an individual there are any different, and nor should they be treated differently, from those of somebody elsewhere. We have the Human Rights Act 1998 in place, and if all parties in Northern Ireland wish to propose some special legislation at the Westminster Parliament, we would of course consider it, but I see no need for such a thing, and I have never heard anybody suggest there was a need before.

[Ms Ritchie]

May I suggest to the Minister that a Bill of Rights is required in Northern Ireland to deal with the special circumstances that exist in Northern Ireland? There may not necessarily be cross-party consensus, but there is a need for that Bill of Rights to deal not only with issues of the past, but those that have an impact on the present and the future.

[Mr Robathan]

I will take that suggestion away and consider it, but I have not heard that from anybody else in the four or five months I have been doing this job.

This has been a rather longer summing up than I expected and, on that note, I shall conclude.