Northern Ireland (Stormont Agreement and Implementation Plan) Bill

Debate between David Crausby and Lord Elliott of Ballinamallard

Thursday 10th March 2016 Commons Chamber

[Tom Elliott (Fermanagh and South Tyrone) (UUP)]

I beg to move amendment 1, page 1, line 10, leave out

“First Minister and the deputy First Minister acting jointly have”

and insert

“Northern Ireland Policing Board has”.

This amendment provides for two members of the Independent Reporting Commission to be appointed by the Northern Ireland Policing Board instead of jointly by the First Minister and deputy First Minister.

[The Temporary Chair (Mr David Crausby)]

With this it will be convenient to discuss the following:

Amendment 7, page 1, line 10, leave out

“First Minister and the deputy First Minister acting jointly have”

and insert

“The Justice Minister, after consultation with the First Ministers and subject to the approval of the Executive Committee, has”.

This amendment provides for two members of the Independent Reporting Commission to be appointed by the Northern Ireland Justice Minister following consultation with the First Ministers, subject to the approval of the Executive Committee, instead of jointly by the First Ministers.

Clause 1 stand part.

Government amendment 3.

Clauses 2 to 5 stand part.

[Tom Elliott]

Amendment 1 relates to the independent reporting commission on paramilitary activity, the function of which is to examine general paramilitary activity within Northern Ireland, and its report will hopefully see a move away from terrorist activity. We have made huge and significant progress over recent years, but we want a total end to the terrorist campaign and paramilitary activity.

Murders have happened both recently and in the distant past. We have heard about loyalist paramilitary activity and killings, and the hon. Member for North Down (Lady Hermon) has made many representations about the disappearance of Lisa Dorrian, which has clearly had a major impact not only on her family, but on the community. We have also seen IRA murders in recent times—Robert McCartney, Denis Donaldson, Paul Quinn and more recently Kevin McGuigan in Belfast. What strikes me is the brutality and the clinical way in which those murders were carried out—the hallmark of the IRA in the past. The murders were not carried out by amateurs; they were carried out by professional terrorists and remind us of the IRA and other terrorist organisations. We want to bring an end to that. We must not forget that the Chief Constable of the Police Service of Northern Ireland said recently that the IRA and the army council still exist. We need to deal with that and to ask whether the IRA and the army council are still inextricably linked to Sinn Féin, which is in government in Northern Ireland.

Amendment 1 relates to the appointment of two members to the independent reporting commission by the First Minister and Deputy First Minister. I accept that the “Fresh Start” document states that the Executive will appoint those two members, but we are seeking a move away from political appointments because it would be helpful if the appointments were made by a more independent body. When Northern Ireland parties were progressing aspects of the Stormont House proposals last year, it was suggested that the appointment of the proposed historical investigations unit director would also be done by the First Minister and Deputy First Minister. During the many discussions on that process, there was some level of agreement that there could be other, better ways of making that appointment. The Ulster Unionist party put forward suggestions for an independent process, but given others’ concerns about that, the option of the director being appointed by the Northern Ireland Policing Board carried some weight among all the parties involved in the talks.

--- Later in debate ---

[Tom Elliott]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 1 ordered to stand part of the Bill.

Clause 2

Exercise of functions

Amendment made: 3, page 2, line 17, leave out “or Ireland”.—(Mr Wallace.)

This amendment limits the Secretary of State’s duty to give guidance about the exercise of the Commission’s functions in relation to disclosures of information which might prejudice national security. As amended, the duty will cover only the national security interests of the United Kingdom.

Clause 2, as amended, ordered to stand part of the Bill.

Clauses 3 to 5 ordered to stand part of the Bill.

Clause 6

Extension of period for appointment of Ministers

Question proposed, That the clause stand part of the Bill.

[The Temporary Chair (Mr David Crausby)]

With this it will be convenient to discuss the following:

Amendment 8, in clause 7, page 4, line 13, at end insert

“including agreed support measures for those who are evidently making the transition away from paramilitarism;”

This amendment seeks to prevent a possible tension between two parts of the Pledge, which may be interpreted divergently.

Amendment 9, page 4, line 20, leave out paragraph (cj)

See Member’s explanatory statement to amendment 8.

Amendment 10, page 4, line 22, at beginning insert “subject to paragraph (e)”

This amendment maintains the primacy of the requirement in the existing pledge of office in Schedule 4 to the 1998 Act to support, and act in accordance, with, all decisions of the Executive Committee and Assembly.

Amendment 11, page 4, line 24, at end insert—

“( ) After section 16A(9) of the Northern Ireland Act 1998, insert—

(9A) The First Ministers shall each make their pledge of office orally in full at a sitting of the Assembly.”

This amendment provides for the First Ministers to make their pledge of office in full at a sitting of the Assembly.

Amendment 12, page 4, line 24, at end insert—

“( ) The Northern Ireland Commissioner for Complaints—

(a) will receive any complaints of any breach of the pledge of office, and take whatever action in regard to that complaint the Commissioner considers appropriate, which may include investigating, resolving or publishing conclusions on the outcome of any complaint.

(b) may appoint, in consultation with the Lord Chief Justice for Northern Ireland, a Pledge Adjudicator to duly consider and examine any complaint of a breach of the Pledge of Office and report relevant findings or recommendations to the Commissioner.”

This amendment makes provision for the Northern Ireland Commissioner for Complaints to receive any complaints regarding breaches of the Pledge of Office by Ministers and to take any action (s)he deems fit in regard to the complaint. The Commissioner may also, after consultation with the Lord Chief Justice for Northern Ireland, appoint a Pledge Adjudicator to examine any given complaint and report on relevant findings or recommendations.

Clause 7 stand part.

Amendment 13, in clause 8, page 4, line 37, at end insert

“including agreed support measures for those who are evidently making the transition away from paramilitarism;”

This amendment seeks to prevent a possible tension between two parts of the Undertaking, which may be interpreted divergently.

Amendment 16, page 4, line 40, after “with” insert “others, including”

Amendment 14, page 5, line 1, leave out

“to support those who are determined to make the transition away from paramilitarism;”

See Member’s explanatory statement to amendment 13.

Amendment 6, page 5, line 11, at end insert—

“(5) Standing orders must provide for a process for investigating any alleged breach of the undertaking by any member of the Assembly and for determining whether the undertaking has been breached.

(5A) Standing orders must provide for sanctions that shall apply to any member of the Assembly who has been found to breach the terms of the undertaking.”

This amendment requires the Northern Ireland Assembly to have an enforcement process, comprising investigation, determination and penalty, in order to ensure compliance with the terms of the statutory undertaking by members of the Assembly.

Amendment 15, page 5, line 16, at end insert—

“(2) In Northern Ireland, the precepts and commitments of the Undertaking by Members shall be deemed to be additional to, and having the same status as, the Nolan principles (or such successor principles as may be adopted).

(3) ‘The Nolan principles’ means the seven general principles of public life set out in the First Report of the Committee on Standards in Public Life (Cm 2850).”

This amendment seeks to make provision for embedding the terms and spirit of the Undertaking by Members within the standards in public life in Northern Ireland and thus applicable to councillors, MPs and non-elected public offices.

Amendment 17, page 5, line 16, at end insert—

“( ) The Northern Ireland Assembly Commissioner for Standards—

(a) will receive any complaints of any breach of the undertaking by members, and may take whatever action in regard to that complaint deemed appropriate, which may include investigating, resolving or publishing conclusions on the outcome of any complaint.

(b) may engage the services of a Pledge Adjudicator, as appointed by the Northern Ireland Commissioner for Complaints, to duly consider and examine any complaint of a breach of the Undertaking by members and to report any relevant findings or recommendations to the Northern Ireland Assembly Commissioner for Standards.”

This amendment makes provision for the Northern Ireland Assembly Commissioner for Standards to receive complaints regarding breaches of the Undertaking by Members and to take any action he deems fit.

Clause 8 stand part.

That schedule 1 be the First schedule to the Bill.

Government amendments 4 and 5.

That schedule 2 be the Second schedule to the Bill.