Northern Ireland (Miscellaneous Provisions) Bill

Jeffrey M Donaldson Excerpts

Tuesday 9th July 2013 Commons Chamber

Other hon. Members have referred to the recent television programme and the issues that have arisen from it. On Second Reading, I put it on the record that my party colleague, Alex Attwood, took the initiative when he became the Environment Minister for Northern Ireland of saying that he would tell officials if he was aware that the person behind a planning application or the person who made a significant objection to a planning application was a donor to his party, so that the information could be recorded and the officials could handle the matter at a sufficient distance from the Minister. The officials made the point that that had not happened before and that it was not necessarily required, but in his view it was required. When we now hear stories, impressions and accusations ricocheting around in relation to companies and political parties and who may be on donor lists, the public concern is palpable. We cannot in this House ignore that. The parties in Northern Ireland, even those who have defended extending security cover and security sensitivity, cannot ignore that. When there are so many questions, people cannot take as the answer, “Well, there is still a compelling need for secrecy and we cannot afford transparency at any level.”

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

I thank the hon. Gentleman for giving way. On his point about the Environment Minister for Northern Ireland notifying officials when a potential SDLP donor is involved in a planning application, does he know whether that information, when lodged with officials, is subject to the Freedom of Information Act 2000, and is it available to a member of the public?

[Mark Durkan]

As I understand it, it is not, not least because it is not a compelling point. He informs his officials and the matter is handled in a particular way, but that does not put anybody at any risk. I do not believe that Alex Attwood is inadvertently trying to find a way around the provisions and the whole question of protecting things on a retrospective basis; it is about him as a Minister being honest with his officials and with the responsibility entrusted to him to exercise good, clear, honest and independent judgment. It is also about allowing his officials to do that as well, because many of the issues that have arisen in recent days involve concerns that Ministers are intruding into what officials are doing—that Ministers are being overactive in their Departments in relation to matters being handled at an official level. Questions arise about who meets Ministers and whether they record and declare those meetings fully, and whether they account for those meetings in response to questions in Committees. When those questions are being asked, we need to address transparency requirements.

It will not fall to this House and the Bill to provide all the answers to remedy the situation: the Executive and the Assembly will have to address tightening the ministerial code on ministerial meetings and donations. On Second Reading, I made the point that this issue does not just relate to planning decisions, and recent events relate to significant public contracts and public appointments. There have been a lot of questions on whether public appointments in Northern Ireland always follow the standard they are meant to follow. Many people would anecdotally suggest that there is too much coincidence and pattern in some public appointments.

Those are all reasons why we need more transparency. The fact that Northern Ireland is a small place is often used as a reason why we cannot have too much transparency. When I was a Minister, I would have made it known to a civil servant if a relative of mine was appointed to something. I would not have made the appointment, but it would have been for me to take official note of it. I wanted to disclose that, rather than have somebody else find out later on. Where relatives might have had a perceived interest in a particular project, or even a rival project, I would again have made a point of always declaring it. Of course, I was often told by civil servants, “Look, you can’t do that every time. Northern Ireland is too small a place. You can hardly walk down a street without bumping into people. You couldn’t throw a stone without hitting somebody that you know or are related to.” [Laughter.] That is not particularly good advice and is not the way I would usually want to make contact with people—even I might tweet first before doing that. The smallness of Northern Ireland can become an excuse for not having proper standards of transparency. That smallness is one of the reasons why it is necessary. The danger is that slippage in one area becomes an excuse for slipperiness in another. We should not allow that to happen. I have been definite about my support for making stronger moves on transparency, which is why I support amendment 2.

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[Mark Durkan]

I fully take the hon. Lady’s point; it was a helpful intervention, but the point that the right hon. Member for Torfaen (Paul Murphy) made was also a good and valid one. If we were using the Bill, in the pedantic sense, to make it truly perfect and to cover all the options, we could have included the Welsh Assembly and the Scottish Parliament, but we did not, for the sorts of reasons she mentioned.

If we are moving, rightly, towards precluding dual mandates in this Chamber and the Northern Ireland Assembly, the same should apply to the other place as well. If it is to be one Member, one Chamber, it would be wrong if somebody could be in another Chamber in this Parliament—a Chamber which, because of the strange rules, procedures and fixations that people have here, seems at times to have more impact on legislation, by way of amendments, than this one.

The argument then arises about why somebody should be allowed to sit in another Chamber simply because they are not elected and have no mandate. The fact that they are there on an unelected basis does not make their dual membership of two different legislative Chambers any more acceptable than it would be for somebody who had been elected to both Chambers. Indeed, we have heard the Democratic Unionist party make the argument that there is more legitimacy if someone is elected to two Chambers, because the public, in electing that person, know that they are in two Chambers and knowingly give them that mandate. In many ways, the least defensible position is to say that someone can be an elected Member of one Chamber and an unelected Member of another at the same time.

The same thing has to apply to the Oireachtas. If people have rightly been precluded from being a Teachta Dala at the same time as being a Member of the Assembly, they should also be precluded from being a Member of the Seanad Eireann at the same time, whether as a Taoiseach’s appointee or as someone elected through the panels by the electoral college system that exists in the south for the Seanad. Again, if people are sitting in one legislative Chamber, that should be their sole place. That is the point of amendment 20 and the amendments tabled by the hon. Member for Belfast East.

I fully take the point made by the hon. Member for Amber Valley, who wants to extend that position to the European Parliament. Some of us had thought that that was already provided for, but I understand that it applies more specifically to membership of this House—to national Parliaments, as opposed to regional or other territorial Assemblies. In practice, when the parties in Northern Ireland have run Members of the Assembly as candidates for the European Parliament in recent times, they have usually done so on the basis of a full declaration that, if elected to the European Parliament, that candidate’s membership of the Assembly would cease. However, in taking a belt-and-braces approach, the hon. Gentleman makes a good point with amendment 3.

I repeat the point that if we want to have one Member, one Chamber, we should apply that to the second Chamber of Parliament and the Oireachtas, as well as to the first Chambers of both.

[Mr Donaldson]

We do not have an amendment in this group, but I want to speak to a number of the amendments that have been tabled.

I, along with others here, held a dual mandate for some time, being a Member of Parliament and subsequently being elected to the Northern Ireland Assembly. At times I think it pushes the boundaries a little to suggest that there is huge public opposition to the concept of dual mandates. When I was elected for two terms in the Assembly, I was a Member of Parliament, but I was elected—I do not share this for any reason other than to illustrate my point—with the highest number of first preference votes of any candidate in the Assembly elections on both occasions. No one voted for me on the basis that they did not know that I was already a Member of Parliament, yet they deemed it appropriate to elect me to a second Chamber. The idea that the public were always entirely opposed to dual mandates is therefore spurious, because the facts do not support it.

Because of the development of the peace process in Northern Ireland, we needed people in the Assembly who had the experience of serving as Members of Parliament. That was important. I recognise that we have now moved on and, on the basis of voluntary undertakings given by parties in Northern Ireland, we now have very few Members who hold a dual mandate between this House and the Northern Ireland Assembly, and by the next election there will be none. To say that there is a need for these changes is therefore stretching the point, to say the least. Indeed, this issue would be way down my list of priorities for inclusion in the Northern Ireland (Miscellaneous Provisions) Bill.

[Mr Gregory Campbell]

The hon. Member for Foyle (Mark Durkan) made the point that the Government said they would legislate on moving to a single-mandate position only if the parties did not move in that direction voluntarily. Is it not the case that the parties have so moved, yet the Government are still proceeding with the measure?

[Mr Donaldson]

My hon. Friend makes a valid point. The Government have already legislated—as, I think, the Assembly might have done—to ensure that a Member of this House who is also a Member of the Northern Ireland Assembly receives no pay for holding the office of Assembly Member and has a much reduced office costs allowance. There is already provision to deal with the issue. The reality is, however, that the proposal is also incorporated into this Bill.

I would like to say on behalf of the Democratic Unionist party that we oppose the amendment that would exclude Members of the House of Lords from the opportunity of serving in the Northern Ireland Assembly, and we have valid reasons for doing so. The House of Lords is an appointed second Chamber in the United Kingdom Parliament. In making appointments to it, there is a desire to achieve a degree of regional representation. I happen to think that it is to the benefit of devolution to have a connection between this Parliament and the devolved legislatures. I accept that it is not preferable for that to involve Members of this House, because we are elected and there is the question of the dual mandate and because certain issues can arise at constituency level.

Those matters do not pertain to Members of the House of Lords, however. Even in a reformed House of Lords, there would be value in making provision for some Members of the devolved legislatures also to be represented, if they so chose, in the House of Lords. That would help to bind the United Kingdom together, and to recognise the special position of the House of Lords. As a body, it is not necessarily representative in geographical terms, but it is widely representative of society. Why should we not have in the House of Lords legislators from the devolved regions of the United Kingdom? We do not accept the need to amend the Bill to exclude Members of the House of Lords from having that dual representation—if not a dual mandate—in the separate Chambers.

[Lady Hermon]

The House of Lords is a key part of the legislature of the United Kingdom and, as someone who is very keen on devolution, I believe that the Assembly is an essential part of the Government in Northern Ireland. Can the right hon. Gentleman honestly say, with his hand on his heart, that a person—or multiple people—sitting in the Assembly and in the House of Lords can do justice to both roles and sit in both places simultaneously?

[Mr Donaldson]

I can say, hand on heart, that I believe they can. When I was a Member of the Assembly and of the UK Parliament, my attendance record on Committees in the Assembly was far superior to those of single-mandate Members of the Assembly. When I chaired the Assembly and Executive Review Committee, I had a 100% attendance record—I was the best attendee on the Committee. We have to weigh these things up and strike a balance.

[Naomi Long]

I certainly do not dispute the fact that the right hon. Gentleman’s Assembly Committee attendance record was good, but we should look at the disparity between the average voting records of those in this House who do not have a dual mandate and those who do. According to “The Public Whip”, the average voting record of those of us who do not hold a dual mandate is 413 to 414, compared with 259 to 260 for those who do have a dual mandate. The Assembly might not suffer, but the attendance of those Members in this House seems to do so. I am not suggesting that that is the only metric we should take into account, but it is an important one.

[Mr Donaldson]

I come back again to the issue of mandate. If the people of East Londonderry decided that they wanted someone other than the current Member to be their MP, because the current Member also happens to be a Member of the Assembly, they will have made that choice. The reality is that the choice they made at the last election was to elect someone who was also a Member of the Assembly and who has, by the way, an excellent voting record in this Chamber and participates well in debates. In all those issues, we have to strike a balance. What we are recognising is that we accept the argument that in respect of Members of this House there is a greater weight of opinion that says that it is difficult to do both tasks. In respect of the House of Lords, however, I believe that having a small number of MLAs who also happen to be Members of the House of Lords is something of value to the Assembly and to the people of Northern Ireland.

[Mr Gregory Campbell]

I know this is probably academic, as I recognise that we are moving in the same direction. The hon. Member for Belfast East (Naomi Long) singled out voting records. That is one and only one element of performance. If we look at oral contributions, written questions and the tabling of motions, we see a very different picture. It is worth looking at theyworkforyou.com which can show us who is performing well and who is not.

[Mr Donaldson]

I would also say that a constituent, whether it be in Limavady or Lisburn, is well able to make a judgment about whether the person they elected to a particular chamber better serves the interests of the people by being here to vote on the Mersey Tunnels Bill, which is of no relevance whatever to the people of Limavady or Lisburn, or by dealing with an issue in the Northern Ireland Assembly that is of relevance to them.

We have moved on from the question of dual mandates between the House of Commons and the House of Lords or the House of Commons and the Northern Ireland Assembly, but I do not believe that the same arguments apply in respect of being a Member of the House of Lords and being a Member of the Northern Ireland Assembly. As I have said, I think there is real value to the Assembly in having a small number of Members who are also Members of the United Kingdom Parliament by virtue of their membership of the House of Lords. Equally, I would hope, the House of Lords can see the value of having that sort of representation, albeit on a small scale.

We nevertheless support the amendment tabled by the hon. Member for Amber Valley (Nigel Mills) because the European Parliament is an elected chamber, and we draw a distinction between an elected and an appointed chamber. If the argument is made that it is difficult to be in London and in Belfast, I would say that it is even more difficult to be in Brussels or Strasbourg and in Belfast. None of the Northern Ireland parties pursue the option of having their MPs as an MLA, but if the argument goes that we are legislating to prevent dual mandates for the House of Commons because we want to prevent it happening in the future, I suggest that the same principle should apply to Members of the European Parliament as well. It may not be the practice at the moment, just as I believe the practice of dual mandates in this House is coming to an end, but if preventive measures are called for, we have to be consistent and look at the position of the European Parliament.

We are minded to support amendment 3, tabled by the hon. Member for Amber Valley, but to oppose the amendments that include the House of Lords in the excluding provisions. We believe it is right to include the Irish Parliament within the exclusions, given that it is an elected body, and I think that the hon. Member for Foyle (Mark Durkan) is seeking to extend that to include the Irish Senate.

[Mark Durkan]

The right hon. Gentleman will recognise that the Irish Senate is not actually elected in a public sense. Indeed, some of the seats are appointed by the Taoiseach. Those of us who are backing these amendments are being consistent: whether or not a chamber is elected is not what matters; what matters is whether it is a legislative chamber.

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[Mr Donaldson]

That is a fair point, but my party approaches the matter from a very different perspective. The Parliament of the Irish Republic is in a separate jurisdiction, outwith the United Kingdom, and we have always taken the principled view that a member of a Parliament that is outwith the United Kingdom’s jurisdiction should not be entitled to membership of a devolved legislature or of this Parliament.

[Jim Shannon]

My right hon. Friend is making a valid point. Surely it would be ludicrous for a member of the Northern Ireland Assembly also to be a member of Dail Eireann or of a Senate with a different constitution, a different aspiration, and a different way of looking at things from an Assembly that is in the United Kingdom.

[Mr Donaldson]

Indeed. I do not know what affirmation new members of the Irish Senate make, but it is surely a contradiction for people to come to either of the Houses of Parliament here and affirm their allegiance to the United Kingdom, and then to go to the legislature of another country and affirm their allegiance to that country. That is why, on principle, we cannot accept the concept that a Member of the Parliament of another country could also be a member of either a devolved legislature in the United Kingdom or, indeed, of this Parliament.

[Ms Ritchie]

The hon. Member for Belfast East (Naomi Long), my hon. Friend the Member for Foyle (Mark Durkan) and I firmly believe in one Member, one Chamber. I declare an interest as a former Member of, and Minister in, the Northern Ireland Executive and Assembly, and also as a former district councillor in Northern Ireland. As such, I know very well that Members must serve only one Chamber if they are to do the job properly and adequately.

The proposal to extend this legislation to the upper chambers, the House of Lords and the Seanad in the Irish Parliament, has my full support. I believe that there is a certain amount of hypocrisy in contending that dual mandates must end while ignoring the practice in respect of other legislative bodies. The current approach is inconsistent, and leaves us with an untidy arrangement.

There was a period during the early years of the Assembly—back in 1998—when dual mandates were an important part of the political system, but given the changes in our political system in Northern Ireland and its evolving maturity over the past 15 years, there is clearly a different political climate as well as a different expectation on the part of the body politic. While I am not convinced that this legislative route is the most appropriate, the direction of travel is clear, and my party supports it.

As we move towards the new system, however, we must ask why we are preserving the practice in some arenas but not in others. Why are we creating this imbalance? I accept that the House of Lords operates differently because it has no constituencies, but the important point—emphasised a few minutes ago by my hon. Friend the Member for Foyle—is that it is a legislative Chamber. If we are legislating to prevent people from being members of two different legislatures, that is exactly what we should do.

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[Mr Donaldson]

Will the hon. Lady accept from me that there is at least one Member of the House of Lords who would claim to come from a nationalist background and whose spouse, I believe, happens to be a member of the same party as the hon. Member for Foyle (Mark Durkan)?

[Naomi Long]

I understand the point that is being made. However, it is not my job as a member of the Alliance party to pigeonhole Members of the House of Lords and to count Unionists and nationalists, given that I do not want elections to be conducted by such distinctions.

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[Mark Durkan]

I am not aware that we tried any such thing. I certainly never agreed to any such moves, not least when I was Deputy First Minister. When my fellow leader suggested that there were things that we could do to ensure better political patronage, I made it very clear that I was not for doing any such thing, regardless of what the NIO wanted to do. I used to spend much time in disagreement with NIO Ministers who had wheezes that they were working out with the First Minister. I did not go along with any of the Jonathan Powell, John Reid, David Trimble, Tony Blair wheezes on further ensconcing the position of the then leader of the Ulster Unionist party. It seemed to me that messing about with the institutions and playing those sorts of games was not the way to do things, either for that party or for the process and institutions that we had.

[Mr Donaldson]

It is just a minor point, but I am interested in how the hon. Gentleman regarded the wheeze that was introduced in the Assembly to unresign the former Deputy First Minister, who was then the deputy leader of the SDLP.

[Mark Durkan]

I think that privately I was the first to make the comparison with Bobby Ewing in the shower. I know that others said it publicly, but I think that the memoirs will show that I made that observation first because it was an obvious one to make. I did not agree with such wheezes. When it came to my election as Deputy First Minister alongside David Trimble as First Minister in the autumn of 2001, I did not agree with some of what the then Secretary of State said about the circumstances in which that election would take place. I made it very clear that, as far as I was concerned, if the Assembly fell and there was an election, that should be that.

Similarly, to correct a misrepresentation that was made on Second Reading, we did not agree to the wheeze of moving the date of the Assembly election. Under the agreement, the date of the second Assembly election was meant to be May 2003, because the first Assembly was to sit for five years to allow for bedding in. We did not agree with the date being postponed from May 2003. The right hon. Member for Torfaen, who was Secretary of State at the time, will remember that we said we were opposed to moving that election date. We have not agreed with any of the wheezes. When things are said, they should remain.

[Mr Donaldson]

Lest we rewrite the Second Reading debate, I wish to place it on the record that the point I made was merely that there is a precedent for extending the Assembly to five years. I am glad that the hon. Gentleman now accepts that the 1998 Assembly was extended to five years to, as he describes it, bed in. The point that I made on Second Reading and that I reiterate now is that there is a precedent for extending the life of the Assembly to five years.

[The Temporary Chair (Katy Clark)]

Order. I ask Mark Durkan to address the amendment that we are debating.