National Crime Agency
Debate between Bob Stewart and Naomi Long(10 years, 1 month ago)
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Naomi Long (Belfast East) (Alliance)
I am pleased to follow the hon. Member for South Down (Ms Ritchie), but I hope to correct some of the things that she said in her speech.
Real difficulties are being faced by law enforcement agencies because of the ongoing situation with the National Crime Agency. Northern Ireland may be the locus of the problem, but the difficulties that we face affect crime right across the UK and indeed internationally. As Members have said, we are talking about transnational operations.
The history of the NCA has been well outlined today. It has been in effect from 7 October 2013, and yet some parties in Northern Ireland have yet to reach agreement on extending its powers fully with appropriate accountability mechanisms in place, and that is despite every effort being made to meet those parties’ requests. The Alliance leader, David Ford, who is the Minister of Justice in Northern Ireland, was absolutely clear with the Home Office from the outset that any operation of the NCA in Northern Ireland would have to adhere to the accountability mechanisms that fit within the justice devolution settlement. That was made crystal clear from the beginning, and was not something that was said in response to complaints from others.
The Minister of Justice has been holding talks with most of the Executive parties on a proposal paper that he has put forward. There is a significant gap in Northern Ireland's law enforcement effort, as anyone who has read a recent article by the Chief Constable in the Belfast Telegraph will have seen—many Members have quoted liberally from that article this afternoon. It is of increasing concern that we do not have access to NCA skills.
Bob Stewart
The hon. Lady has just said that there is no access, but I feel almost sure that when the NCA gets intelligence that affects Northern Ireland, it will not sit on it; it will pass it on to the PSNI, even though it does not have officers operating in Northern Ireland.
2014 JHA Opt-out Decision
Debate between Bob Stewart and Naomi Long(11 years, 4 months ago)
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Naomi Long (Belfast East) (Alliance)
I am pleased to have an opportunity to participate briefly in this debate. I want primarily to address the issue of the EAW, which is of particular concern in Northern Ireland because of the close co-operation required between the justice Departments in Northern Ireland and the Republic of Ireland in tackling terrorism and serious organised crime, on behalf of not just Northern Ireland, but the rest of the United Kingdom.
I recognise that the Home Secretary has clearly stated her intention to opt back into the EAW, but I remain concerned at the impact of opting out without any certainty on opting back in. It may be possible for the UK to opt back into certain measures on an ad-hoc basis, but that will not be automatic and it will need authorisation from the EU. If the UK does opt back into a measure, it will have to accept re-entry criteria and the rules of the Commission and Court. Those things have to be taken into account.
The Home Secretary was unable to give the assurance sought by the hon. Member for Cambridge (Dr Huppert) as it is not in her gift to say that we will definitely be able to opt back in; it will be for the EU to decide, in negotiation with the UK. I accept that the intention is to opt back in quickly and smoothly, but it is not possible at this point to be assured on that. The uncertainty may not matter on measures where we do not need or want to opt back in, but it is dangerous on measures that are important to this country and its security—the EAW is one such measure.
As I have indicated, there are continuing concerns in Northern Ireland about the potential opt-out from a number of key areas, particularly the EAW, and the collective impact that will have on cross-border working with the Irish Republic, in particular, and with other states. The Police Service of Northern Ireland has been very vocal in its opposition to the UK’s opting out of a number of important measures and considers it vital that the UK opts back into them as soon as possible. That view was also reflected in the ACPO paper mentioned by other Members.
The House of Lords European Union Committee report was published on 23 April, after the Committee had taken evidence from a wide range of sources. In summary, its conclusions echo the concerns that stakeholders and criminal justice practitioners in Northern Ireland have outlined. Of primary concern is the risk to the EAW; the Committee believed that that was the single most important of the measures subject to the opt-out decision. The Committee was not persuaded that alternative arrangements would address the criticisms directed at the existing European arrest warrant arrangements, and believed that it would
“inevitably render the extradition process more protracted and cumbersome, potentially undermining public safety.”
The Committee also believed that the best way to achieve improvements to the EAW system was through negotiations with other member states from within. While I welcome the fact that the Secretary of State says that she is pursuing that matter, I remain concerned about the opt-out. I suspect that we would all agree that there are flaws in the EAW—I believe, however, that it worked reasonably well, and the evidence is that it did so—and deficiencies have been identified, including proportionality and the time that some nationals have spent in other jurisdictions on remand following extradition. We would all wish to see those matters reformed and addressed, but the opt-out could have significant repercussions both for the internal security of the United Kingdom and for the administration of criminal justice in the UK, and it could reduce our influence over this area of EU policy.
Bob Stewart (Beckenham) (Con)
If the European arrest warrant did not apply, is the hon. Lady suggesting that the close relationship between the police in the Republic of Ireland and the Police Service of Northern Ireland will be gravely affected, and they would not be able to exchange people as necessary?
Naomi Long
If the hon. Gentleman is patient, I shall come on to the specific problems that will occur if the EAW does not operate continuously. There are indeed challenges to that co-operation which are not about will but about means and process.
From a Northern Ireland perspective, this is of particular importance. Since the EAW came into force in January 2004, the PSNI has received about 265 EAWs for action in Northern Ireland, and 50 EAWs have been issued for action outside the UK. Of those 50, about 31, or 60%, have been sent to the Republic of Ireland. The PSNI believes that there are some areas in the process that could benefit from review, but overall it has said that it
“has proven to be an effective mechanism for ensuring the administration of justice across the EU jurisdiction.”
The Crown Solicitor’s Office believes that the EAW system
“works very successfully. When operated properly it can be speedy, effective and fair.”
Neither the PSNI nor the CSO believe that the UK should withdraw in any way from the current arrangement, and the pressures on the PSNI, the Public Prosecution Service and CSO manpower and costs would increase if we did so. The PSNI and the CSO are concerned about the likely alternatives to the EAW. If the UK withdrew from that system, under the designation by which member states that operate the system are regarded, we would become a category 2 state, as opposed to category 1. Extradition would then have to operate by way of formal requests from the UK Government to other countries through bilateral treaties or under the European convention on extradition. Such requests are more time-consuming to prepare and may involve the sending of witnesses to foreign jurisdictions to give evidence, possibly at significant cost.
With respect to the impact on north-south relations and north-south co-operation, which was raised by the hon. Member for Beckenham (Bob Stewart), before the introduction of the EAW, Northern Ireland and the Republic of Ireland followed the system known as the “backing of warrants”, which allowed an arrest warrant issued in one jurisdiction to be passed to police and endorsed or backed by a judge or magistrate in the area where the subject of the warrant lived. The Backing of Warrants (Republic of Ireland) Act 1965 was repealed by section 218(a) and schedule 3 of the Extradition Act 2003. There is no reason to assume that the Irish authorities would be willing to return to such a system. The land border between the two jurisdictions necessitates speedy arrangements that may no longer be available if the European convention or a bilateral treaty were the basis of the extradition relationship. I hope that that answers the hon. Gentleman’s question, because it is a significant issue. Indeed, the Minister for Justice, Equality and Defence in the Republic of Ireland, in discussions with the Minister of Justice for Northern Ireland, has expressed concern about its impact, given the repeal of legislation that facilitated north-south extradition arrangements.
Crucially, however, Alan Shatter TD has just given up the chair of the EU Council on Justice and Home Affairs, and is therefore exceptionally well placed to gauge the Commission’s appetite for negotiating terms with the UK to opt back in. His clear and continuing concern about the opt-out should sound a note of caution for those who believe that an opt-in will be simple and straightforward. I understand that this is a reserved matter, but even when matters are reserved decisions made by the UK Government can impact on the criminal justice system in devolved settings, and nowhere more so than Northern Ireland, given that we have a land border with the Republic of Ireland and thus a vested interest in close co-operation.
The cross-border dimension is unique in the UK, and important to us. Cross-border co-operation is essential in tackling security threats and organised crime, not only in Northern Ireland but across the whole of the United Kingdom. Of the third pillar measures, the possible opt-out from the EAW is the one that causes most alarm among all stakeholders in the Government, but it creates real uncertainty if we opt out without knowing that we can opt back in or that that will be a seamless process.
I put a question to the Secretary of State after her statement last week, and she said that the matter had been discussed with the Minister of Justice for Northern Ireland. However, she did not respond directly to my invitation to confirm that the Minister remained extremely concerned about any interruption to the operation of the EAW, and the impact that that would have on the justice system in Northern Ireland. It is important to talk to the Minister of Justice, and I hope that Home Office Ministers will recognise that listening and responding to what they hear in those conversations is of equal importance.
In response to my intervention today, the Home Secretary suggested that concerns arose only from the point where the Government indicated that they were going to opt out, but had not stated clearly that they intended to opt back in. That is not the case, however, and I put that on the record. Northern Irish Ministers remain concerned even though the opt-in is the Government’s stated intention. That has not allayed concerns, and there is serious uncertainty about the ability to opt in and about any delay in the opt-in process.
Northern Ireland (Miscellaneous Provisions) Bill
Debate between Bob Stewart and Naomi Long(11 years, 5 months ago)
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Naomi Long
I thank the Minister for that clarification, which hopefully will have answered some of the specific questions Members have on electoral registration.
The first issue I want to address is transparency on political party donations and loans, which I have raised in the House on a number of occasions over the past few years. Whatever the historical arguments regarding the need to protect the identity of donors, I firmly believe that the time to lift that veil of secrecy has passed. The Northern Ireland public have a right to know the identity of significant donors to political parties, as voters do in the rest of the UK, and then to judge for themselves whether such donations influence the decisions, policies and actions of parties. As long as mystery surrounds that, parties will be open to the charge that they are influenced in that way, but they will be largely unable to defend themselves against such suspicion. Although that is disclosed to the Electoral Commission, it is not made public, and that is key.
The security situation in Northern Ireland, although far from perfect, has improved significantly since donor anonymity was introduced. It is not consistent or sustainable to argue that Northern Ireland is a safe and welcoming destination for tourism and inward investment while at the same time arguing that the security situation is so grave that normal democratic scrutiny cannot be introduced.
Three primary concerns regarding the impact of transparency have been raised. I will briefly address each in turn. First, there is the fear of a threat of violence against a person, their family or property as a result of their association with a particular party becoming known. Despite the genuine concerns expressed in that regard, there appears to be little tangible evidence of specific targeting of donors as part of campaigns. However, nowhere can that be entirely ruled out. Therefore, donors should carefully consider the risk when deciding whether to donate; it is not compulsory. Knowing that their donations will be published will help to inform them as to which decision to make.
I am certainly not oblivious to, or cavalier about, the risk that being politically aligned or identified in Northern Ireland can still carry. My party leader, David Ford MLA, who is the Justice Minister in Northern Ireland, is likewise cognisant of the continued risks. However, that does not insulate Northern Ireland politics from the wider public perception that politics is organised for the benefit of the few rather than the many. Notwithstanding any security concerns, if we are to increase trust and confidence in the political system, we need to maximise openness and transparency. As a result, and despite ongoing security concerns, the Alliance party voluntarily publishes our returns to the Electoral Commission on our website and has done so over the past few years, and to no disadvantage. I call again on other parties to do likewise in order to help grow confidence in the commitment to public scrutiny, regardless of a legislative requirement to do so.
Secondly, concerns have been expressed that opponents of a particular party might boycott a business if its owner or company are seen to support a particular party political view. However, in theory the same could happen in any part of the UK. Again, it is a matter that donors should consider carefully before donating, rather than a reason to deny the public their right of scrutiny. In my view, and incidentally that of Sir Christopher Kelly, as expressed in his evidence to the Select Committee, neither risk should automatically be given primacy over the principles that guide public life: openness, transparency and accountability.
Thirdly, as parties are not publicly funded and therefore rely on donations to survive, one could argue that any action that could deter donors could restrict party political activity or even the range of choice available to the electorate. I challenge that on two grounds. In order to stand for election to a council, candidates need the signatures and addresses of residents in the council area on their nomination papers, and those are published. I am not aware of parties being unable to field candidates, even in the worst days of the troubles, owing to people being unwilling to have that information published, despite it being a more direct link to elected politics. People clearly weigh up those risk but still opt to be involved, whether as candidates, canvassers, supporters, nominees or otherwise, and there is evidence that since 1998 the public’s willingness to do so has increased.
Furthermore, most parties have said, including in evidence to the Select Committee, that they receive very few donations that reach the £7,500 threshold for donor names to be declared and instead are heavily reliant on small donations from members and supporters. Even if all of those large donations were to cease, according to their evidence that would not have a disproportionate effect on party finances or activity and would not jeopardise the continued functioning of our democracy.
It is worth noting, as a measure of just how opaque donor information is in Northern Ireland, that it is against the law for the Electoral Commission even to confirm or dispute a party’s claim that it receives few donations of that magnitude. Such anonymised data pose no risk to anyone and would provide considerable insight for the public into how parties are funded and how reliant they are on a small number of donors. I think that the move towards publishing anonymised data in the interim, between now and October 2014, would be good preparation for change.
Bob Stewart (Beckenham) (Con)
I thank the hon. and very brave Lady for allowing me to intervene. I understand her argument, but is she asking for that provision on publishing the identity of political donors to be backdated, because that would worry me?
Naomi Long
Well, given the timing of his intervention, which led perfectly to what I was about to say, perhaps that will be reviewed in due course. I thank him for making that point, because it is an important one.
With respect to the retrospective publication of donor information, I think that it is reasonable that where people had an expectation, even though the letter of the law suggests otherwise, that donations they made during the prescribed period would remain confidential even after the prescribed period ended, that should be honoured. Such historical information should be published only with their express consent, as to do otherwise would be a fundamental breach of trust.
However, I support the Electoral Commission’s proposal that the expectation of anonymity should be removed from the date the Bill receives Royal Assent, making it clear that all donations made after that date will be subject to future publication. Whether the Secretary of State decides that such publication should happen routinely from October 2014, the expiry of the current prescribed period, or chooses again to extend that period, they should be published at a subsequent juncture. I think that that ought to be pursued in Committee, as it adds clarity for donors in the interim and increases public confidence without limiting the options available to the Secretary of State.
With regard to the prescribed period and its continuation, I remain disappointed that a firm commitment has not been given to remove anonymity at the first possible opportunity. The Bill gives the Secretary of State maximum flexibility specifically to increase transparency, and I welcome the presumption in favour of publication, but both fall short of a commitment to end the inequality that exists between Northern Ireland residents and their counterparts in Great Britain. I hope that the Secretary of State or the Minister of State will be able to give some reassurance in that regard.
Finally, with regard to donations, I believe that there might be merit in considering further whether the threshold for publication of donations to Northern Ireland political parties should be reduced from £7,500 to a lower figure, given the smaller income of most local parties and the likely lower threshold at which donations may be considered large enough to influence a party’s decision. Clearly, that requires the striking of a very delicate balance between the administrative burden that it would create for what are, in the main, small organisations, and increasing transparency for the public. Such matters are not unique to Northern Ireland, so the Bill may not be the ideal vehicle for advancing them, but it would be helpful to consider them at Government level in future.
On multiple mandates, I welcome the clauses that will disqualify a Member of Parliament from also being a Member of the Assembly. I do not believe that MPs should be permitted to continue as Members of the Assembly. The primary argument that they should is that the fledging Assembly structures were unstable and senior political figures who left Westminster for the Assembly could find themselves with no mandate in the event of a collapse. Those points no longer hold true, as the Assembly is in its second successive, uninterrupted term, which represents positive progress.
A further argument advanced in favour of allowing such a dual mandate is that, for key people in party leadership roles or holding key ministerial positions in the devolved Assembly, the direct linkage with Parliament can prove valuable in keeping them fully informed of developments in both places. I do not think that that argument carries much weight in the current situation.
As deputy leader of the Alliance party and MP for East Belfast, it is incumbent on me to keep abreast of developments in the devolved institutions and keep in close contact with Assembly colleagues about the implications of matters discussed in this Chamber and the Assembly. I do not need to sit in both places for that. There are also mechanisms for the Ministers in the Executive who are not MPs to meet their counterparts in Westminster and address issues with them and vice-versa, and the majority fall into that category.
Having fulfilled the roles of MP and MLA, I strongly believe that both jobs are at least full time and require a focus that could not be achieved effectively with a dual mandate and consequently competing demands on time. It is a crucial part of the role of an MLA to be in Stormont to vote on legislation passing through the Assembly, to question Ministers and to hold the Executive to account. Equally, an MP’s work demands that they be in Westminster for a significant and conflicting proportion of the week to scrutinise and vote on legislation and policy, question Ministers and provide a voice for their constituents. Although there is a considerable overlap in the constituency casework element of both jobs, the locations and timings make them incompatible with each other, regardless of the talent, energy or ability of individual Members. Put simply, no person can be in two places at once.
A further benefit of ending dual mandates would be the creation of an opportunity not only for parties to bring forward new talent, but for the electorate to see the electoral cohort refreshed, reinvigorated and made more reflective of society as a whole. Again, Alliance as a party has voluntarily and speedily acted in respect of dual mandates, following through on our pre-election pledges and manifesto commitments to do so, within weeks of election to Westminster.
Three years on, there has been significant time and space for parties to implement fully their pre-election commitments to end dual mandates, yet many have failed to make other than glacial progress in that regard. It is important that the legislation comes forward to ensure that the wishes of the public are taken into account.
Although I recognise that the House of Lords is not structured in the same way as the Commons—its Members have no electoral mandate and no constituency responsibilities—the same conflict exists for Members of the Lords. I am disappointed that currently the Bill does not disqualify Members of the Lords from belonging to the Assembly. Given the important role of the House of Lords as a revising Chamber and the burden of undertaking detailed scrutiny of Government Bills, it would be challenging for a peer who was also an MLA, with the legislative, constituency and Committee responsibilities attendant on that position, to commit fully to the discharge of either role.
The situation is exacerbated because the Assembly and the Lords also sit at the same times on Mondays and Tuesdays, further limiting a person’s ability to participate fully in the work of both institutions. I recognise that remuneration for the work of a peer is different and reflects the fact that many peers have careers outside Parliament, some of which may also conflict with the sittings of the House of Lords, so I would have been content for the measures to end dual representation to be considered in the context of wider Lords reform, which would have addressed remuneration and allowances at the same time. However, as that has not been advanced and is unlikely to be in this Parliament, the Government should revisit the possibility of action in this Bill.
If membership of this Parliament is a disqualification for serving in the Assembly, it follows logically that membership of other Parliaments should also be. I welcome the fact that the Government are including membership of Dail Eireann as a disqualification, but just as I believe that membership of the House of Lords should be a disqualification when it comes to membership of the Assembly, membership of the Seanad should also be, regardless of any Irish Government plans for the reform or abolition of that body.
I move on to the structures of the Assembly. We believe that the Assembly and parliamentary elections should be decoupled. The roles and responsibilities of each legislature are separate and distinct, and it is important that the issues pertinent to each receive full and detailed public consideration in advance of the vote. That will be difficult if both elections are running on the same day or without adequate separation, with the risk that one set of elections would overshadow the other.
For example, national coverage of Westminster elections could eclipse Northern Ireland issues and regional focus on the Assembly could lead to inadequate coverage of national issues. Alternatively, the two could become unhelpfully conflated. I am strongly of the opinion that elections should be held separately, preferably a year apart, and that the electorate should be given a full opportunity to engage in issues affecting each legislature. On that, perhaps, the right hon. Member for Belfast North (Mr Dodds) and I, the Member for Belfast East, find common ground.
I acknowledge that the Northern Ireland electorate are sophisticated and able to deal with the complexity of having not only two different elections but two different voting systems on the same day, but such circumstances are not desirable, although they might be practically manageable. I therefore support the extension of the current term and the change to five-year terms for the Assembly, as ad hoc changes to avoid future conflicts will no longer have to be made. What I propose would regularise the situation just as the Welsh Assembly and the Scottish Parliament will, and that is welcome.