Crime and Courts Bill [Lords]

Ian Paisley Excerpts

Wednesday 13th March 2013 Commons Chamber

[Ian Paisley (North Antrim) (DUP)]

rose—

[Mr Browne]

There is a lot of desire to discuss proceeds of crime in Northern Ireland, so, ironically, the longer I speak, the less chance Members will have to speak about Northern Ireland matters. I will give way once, but I will not give way again, unless I have said something that offends people’s sensibilities.

[Ian Paisley]

The Minister certainly has not offended my sensibilities. He accepts that the Bill is deficient and will be deficient in its operation—he accepted that in Committee—and as he cannot obtain consent for the legislation in Northern Ireland, he is left with a choice. He can either ignore that and plough on without that consent or implement the legislation from this place. I think that it will boil down to that choice. The House will have to determine whether it will face down the unjustified opposition to the implementation of the Bill in Northern Ireland.

[Mr Browne]

I am grateful to the hon. Gentleman for that intervention, if only because it allows me to clarify that it is our intention to abide by the Sewel convention. We are not in the business of facing down, as he puts it, elected representatives in Northern Ireland, as we want to proceed with their approval and consent.

It is worth making it clear to the House that the NCA will still have a role in Northern Ireland, as there is a danger that a casual observer of our deliberations might think otherwise. I can confirm that some types of cross-border crime will fall within the remit of the NCA in Northern Ireland, even in its constrained form. For example, the NCA in Northern Ireland will be able to tackle immigration or customs offences. The NCA and CEOP will continue to be able to co-operate with partners in Northern Ireland and we are seeking to mitigate the operational impact of the situation we find ourselves in.

The NCA and CEOP will continue to operate in Northern Ireland, but it is worth saying that that operation will be curtailed as a result of the absence of legislative consent. In a way, that illustrates the wider point. There will be an NCA function in Northern Ireland and obviously we hope and believe that it will benefit the people of Northern Ireland. It will not be as comprehensive as we would have wished, but there is provision for it to be made more comprehensive in the future, as and when the political will and consensus in Northern Ireland provide for that.

Let me deal briefly with the non-Government amendments. New clause 2, tabled by the right hon. Member for Delyn, seeks to provide for a review of the NCA within 12 months of Royal Assent. I think I said earlier that the NCA would come into effect in October 2013, but for the avoidance of doubt let me clarify the Government’s position. We wish the NCA to come into effect by the end of 2013. Our target date is October, but that will obviously depend on matters that are not necessarily directly within our control, including potential issues to do with Parliament.

The new clause asks for a review during the 12 months after Royal Assent. Obviously, we want to keep a close eye on the effectiveness and accountability of the NCA when it is up and running and that is a core job of Government and Parliament, but the Government do not believe that an additional formal review mechanism is necessary. There are plenty of other means by which Ministers and Parliament can examine the progress made by the NCA and by which Parliament can examine the actions and decisions of Ministers.

Amendment 3 would make the director general’s power to provide assistance to any overseas Government or body subject to the prior approval of the Secretary of State. It is worth noting that there is no equivalent requirement for the Secretary of State to seek consent in statute for SOCA, HMRC or the security and intelligence services. We see no reason why we should create unnecessary statutory barriers to continuing the good work that already happens. Day-to-day assistance between the NCA and its overseas partners will be so routine that it would be completely impractical to require the Secretary of State to give consent in every instance.

On amendments 95 and 102, I must say that it was refreshing to hear the principal argument being made by the hon. Member for Hayes and Harlington (John McDonnell), who made the case for trade unionism. Those points were not given more than a passing and cursory airing in Committee and were not raised by the Labour Front Bench, so we are not minded to agree to the amendments given that, as I understand it, there is consensus among the political parties that the Government are right and the Labour party enthusiastically supports the Government’s position on the trade unions.

--- Later in debate ---

[Ian Paisley]

I am sure the shadow Minister will agree that the situation gives gangsters and criminals in Northern Ireland who are involved in serious and organised crime a free rein in part of the United Kingdom, and that must be addressed. Does the right hon. Gentleman agree that this is a test and that people want to see the rule of law operating against people such as Mr Murphy and Mr Hughes in South Armagh, just as it does against serious and organised criminals in Manchester, Birmingham and other parts of the United Kingdom?

[Mr Hanson]

This is an extremely serious issue, and I want the Minister to say not just that there is a problem—he has done that—but what the solution is in relation to getting parties around the table to discuss the Executive agreeing to provisions on asset recovery. This is not a hypothetical issue. On 6 March a British newspaper stated:

“Briton hunted as police crack IRA and Mafia fraud scheme…A British man…is being sought by detectives investigating the £390m fraud which was based around a development on the…coast of…Southern Italy.”

Italian authorities arrested people in dawn raids and a warrant has been issued for the arrest of an individual from Belfast whom I shall not name. If that individual is convicted of fraud in Italy, his Italian assets cannot be confiscated because he is resident in Belfast. If he was resident in our constituencies of Delyn, Darlington, Walthamstow, Taunton or Middlesbrough, however, he could be taken to court and his assets taken from him.

There is a massive incentive for criminals to relocate to Northern Ireland, and for those operating criminal activities across the border between Northern Ireland and the Republic of Ireland to continue doing so. I know there are issues in some political parties about the provisions and the legislative consent motion, but I appeal to the Northern Ireland Executive to consider the matter again because it is undermining action against criminal activity in Northern Ireland.

In the few minutes remaining I would welcome the Minister outlining a clear road map and stating how he intends to resolve this problem. It is not simply about bringing an order forward in the future, but about how we can reach an agreement where such an order can be effected to close this appalling loophole.

[Paul Goggins]

rose—

[Ian Paisley]

rose—

[Mr Browne]

One second.

Our position is clear. In a way, this is a strange debate, in that I am explaining the reality as it stands, but it is not the reality as I would like it to be. The British Government would like the NCA to apply in Northern Ireland in the way I have been describing throughout this afternoon. At the same time, we cannot have a system of devolution that applies only when the United Kingdom Government approve of the decisions made by the politicians in the devolved Executive and legislature. For devolution to mean anything, where the politicians in the devolved Executive and legislature—in this case in Northern Ireland—are not willing to endorse the preferred option of the United Kingdom Government, there obviously has to be a sense of discretion among those politicians. I want the politicians in Northern Ireland to arrive at the outcome that the United Kingdom Government seek, because I think it would be in the interests of the people in Northern Ireland.

[Ian Paisley]

That analysis might come back to bite the Minister under another set of circumstances. All I would say is that the First Minister of Northern Ireland said in evidence to a Select Committee in this House that, because of the disagreement, this sovereign Parliament should rule on it. That is the test for the Minister. Rule on it! He should make the sovereign decision if there has been no agreement. Let us remember that the majority of the Assembly has voted in favour of this proposal and the majority of the Executive is for it, but it is being held to ransom by a tiny, tiny minority.

[Mr Browne]

The point I am making is that the proposal is not being held to ransom by the UK Government. I agree with the hon. Gentleman; indeed, if I may say so, the tone of his intervention would rather imply to anybody who had not followed our deliberations carefully that he and I are on different sides of the argument. I agree with what he has said: I want people in Northern Ireland to have just as much protection under the NCA as people in my constituency of Taunton Deane, but I also recognise that the constitutional settlement in Northern Ireland is different from that in Somerset. Therefore, different considerations apply.