Northern Ireland (Miscellaneous Provisions) Bill

Jim Shannon Excerpts

Monday 24th June 2013 Commons Chamber

[Mr Robertson]

I agree entirely. It is sometimes a case of two steps forward and one step back. I was in Belfast this morning and the newspapers were full of that incident in which a person was injured. Two weeks ago, members of the Committee visited Washington and spoke to a number of people. There was an overwhelming feeling that much had been sorted out in Northern Ireland, but the incident at the weekend, flag protests and the murder of Mr David Black last November do nothing to attract investment. They deter investment, and that is a tragedy. I hope we can move forward more smoothly.

We made a great deal of progress in attracting Sinn Fein to give evidence to the Committee. I would go further and say, as we did at the time, that it is time that members of that party took their seats in this Parliament so that they can come and make their case here. They claim they do the job anyway, but they do not. They do a job, but they do not do the job of parliamentarians, even though they accept the expenses and allowances that go with it. We ought to be able to move forward a little more in that respect.

[Jim Shannon (Strangford) (DUP)]

I am sure the hon. Gentleman shares the concern of many of us on these Benches and in the Province that the onus is on elected representatives not only to obey the law, but to do so in public. What we saw at the weekend was a travesty of the law: two elected representatives, one of whom sits on the policing board, clearly flouted the law. Does the hon. Gentleman feel that there is an onus on elected representatives from Sinn Fein to be more observant of the law?

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[Dr McDonnell]

There are issues here, and these people come to apologise for the failures that they have created in Stormont.

This Bill should deal with serious difficulties in Northern Ireland and offer more remedies; if it does not, it will be inadequate and less than fit for purpose. I will now discuss some of the details of the Bill—first, the clause that deals with donations and the measures that will impact on the functioning of the Northern Ireland Assembly. I was deeply concerned to hear that there could be restrictions on Irish citizens making donations to political parties in the north. Many of the greatest friends and supporters of the peace process are in the south, and without their support we would not be where we are today. Indeed, those people supported all the parties across the north, not just one or two. I would be deeply concerned about any perceived restrictions on donations from Irish citizens, because something has to be realised in these debates: we are not talking about Surrey, Sussex, Essex or, indeed, Yorkshire. Northern Ireland is different: many of us are Irish and many of us see ourselves as Irish. There is an ambiguity around the settlement that we had, which has created ambiguity. Thank God for that, because it has allowed peace to flourish. We have to build prosperity on that peace.

We want to move towards a more open and accountable system of donations in Northern Ireland, and we are happy to do so when that is possible. However, those who make donations on a certain understanding of anonymity should be protected from retrospective action unless they give authorisation. That authorisation should be specific, rather than assumed. I do not want to take up any more time, but I think I was quoted earlier, and I would endorse that. I have seen a number of people who have been intimidated, and who are frightened and worried. We have to protect them.

[Jim Shannon]

The hon. Gentleman said that many people saw themselves as Irish in Northern Ireland. That may be the case, but does he acknowledge that the national opinion poll last year showed that only 21% of nationalists were in favour of a united Ireland? This year, only 19% of Irish nationalists want a united Ireland. Things are changing. Is he part of that change, or is he just one of the old boys who do not want to change at all?

[Dr McDonnell]

I am not sure what answer I am supposed to give, or what answer is expected. I do not think that any of us pay much attention to opinion polls yet, at the same time, we can quote selectively from them when it suits.

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[Dr McDonnell]

I want to put on the record my deep concern that there are considerations to take into account about placing restrictions on Irish citizens who make donations to Irish political parties in the north. I do not wish to back that proposal, and I do not support that part of the Bill. As for transparency on donations, we want to move towards the open and accountable system to which I have referred.

We are comfortable, even though the Secretary of State has some grudge against the hon. Members for East Londonderry (Mr Campbell) and for East Antrim (Sammy Wilson) and me, with the phasing out of the dual mandate in due course, and we have gone most of the way towards doing so. However, that should allow for some flexibility where appropriate, and clear lines of communication between the House of Commons and the devolved Assembly are essential. The way in which those lines of communication will be maintained should be explained in the Bill. It should be noted that there is no corresponding legislation covering the Welsh Assembly and the Scottish Parliament. I am concerned that a rush to legislate on this could have unknown, and perhaps unwanted and unexpected, consequences.

Furthermore, our party would point out that the provisions do not deal with a dual mandate between the Assembly and the House of Lords. We do not agree that, somehow or other, the House of Lords is different. If there is an exclusion or ruling out of the dual mandate, it should be ruled out for all. If the Secretary of State is determined to ban the practice, why can that not be done for the upper House? Those issues need to be explored further as the Bill proceeds through Parliament.

Briefly, the reduction in the size of the Assembly should be approached with caution. Yes, we agreed to a small reduction in the context of the reduction of the number of Westminster seats—that is on the record at Stormont, where the discussions took place—but the Assembly should be as inclusive as possible, and should involve as many people as possible until a sustainable peace and good politics are well established there. We believe that until that happens there are risks.

The extension of the term of the Assembly is wrong. It is totally inappropriate for any Member given a mandate for four years to have their term extended to five years without clear justification. The election has been postponed so that it can be held at a time of possible tension, wedged between the 100th anniversary, as has been said, of the Easter rising and the 100th anniversary of the battle of the Somme. While hon. Members might not be involved in raising tension—indeed, we will do all that we can to reduce it—the anniversary of the battle of the Somme will increase tensions, as will the Easter rising anniversary, and it is inappropriate to hold an election between those two anniversaries.

Electoral registration in Northern Ireland is defective and while we can dot some of the i’s and cross some of the t’s in the Bill, there are some areas in which 20% to 25% of people—the hon. Member for Vale of Clwyd (Chris Ruane) suggested that it was 30%—are not on the register. There is a duty on someone, somewhere to ensure that that registration gap is covered and repaired.

I do not wish to say the matters in the Bill are not important—they are—but on their own they are not enough to bring progress and achieve better electoral registration. Any honest observer will say that there has been little progress overall in Northern Ireland. I urge the Prime Minister, the Secretary of State and the Government to get a grip on the stagnant situation in Northern Ireland, as we face serious problems.

[Jim Shannon]

Will the hon. Gentleman give way?

[Dr McDonnell]

Sorry, no: I want to make progress.

Months of illegality during the flags protests do not bode well for the marching season, which has started badly, as we have heard. We are now much further away from dealing with flags, marches and illegal bonfires than we were five years ago.

I want to put on the record the fact that profits from illegal fuel laundering in Ireland generally—we can split it north and south; it used to be a northern problem, but it has migrated south, and regrettably it has moved into parts of southern Scotland and northern England—amounting to £60 million to £70 million a year are swelling the coffers of the provo organisation. Much of that has now been set up as a privatised business.

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[Naomi Long (Belfast East) (Alliance)]

Like other Members who have spoken, I am glad to have the opportunity to speak on Second Reading, because the Bill deals with a number of important issues that relate to improving democracy and accountability in Northern Ireland.

I welcome at the outset, as other Members have done, the fact that the Bill, unlike so many of its predecessors, is not the result of a crisis or emergency and is not intended to resolve a point of instability in the Assembly. Instead, it is part of the normal democratic process. Not only does that demonstrate the significant progress that has been made at a political level in recent years, notwithstanding the many serious issues still to be addressed, and indeed the occasional setback, but it afforded the Northern Ireland Affairs Committee the opportunity to conduct pre-legislative scrutiny and the Northern Ireland parties and general public the opportunity to express a view on the proposals the Government brought forward during the public consultation. That is a hugely important part of the democratic process that has helped shape the Bill, and I hope it will set the tone for future engagement on legislation relating to Northern Ireland.

I will focus on a few aspects of the Bill: donor transparency, the rules affecting dual mandates and reform of the Northern Ireland Assembly. The Bill contains other important provisions that I support, such as those relating to the working of the Electoral Commission, but I do not have time to go into them in detail today.

[Jim Shannon]

I thank the hon. Lady for giving way on that important point. It is essential that people are on the electoral register. I recently held an event in my constituency at which we were able to get people registered and get their photo ID, but there were a great many other places where we were unable to do that because the Electoral Commission told us it did not have the funds. Does the hon. Lady therefore welcome the fact that clause 18 refers to taking all steps necessary for the purpose of complying with the duty to maintain the registers so that every step will be taken, including releasing funds and making more funding available to ensure that people are registered?

[Naomi Long]

I certainly agree that the resources available to the Electoral Commission need to be used wisely. As in every other public body, the commission’s resources will be constrained by the limitations of what is available, but I note that the Secretary of State said earlier that additional funding would be made available specifically to deal with registration.

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[Dr McCrea]

I thank the hon. Lady for her intervention, but I have to acknowledge that I am an hon. Member, not a right hon. Member, of this House.

Putting the life of any individual at risk is very serious. There is a level of donation at which a name would have to be given, and that could put people, and the profitability of the businesses they represent, at risk. We have acknowledged that the measure is right in principle. The Bill will take things forward in a careful manner, but I question the current timetable of 2014.

[Jim Shannon]

The spirit of the proposals is not to scare off people who wish to contribute to a political party, but the fact is that a great many people in Northern Ireland will feel under pressure because of their political allegiance. That is a key issue for individuals, families and businesses.

[Dr McCrea]

I thank my hon. Friend for his intervention. Any change must be made in conjunction with an appropriate security assessment by the PSNI. There still exists—the Secretary of State acknowledged this in her opening remarks—a significant threat in Northern Ireland, and we have to be careful because we are dealing with people’s lives. I know the dangers that people face day by day in the constituency in which I live in the west of the Province. We need to move at a proper pace that takes into account the uncertainty involved for businesses that make public donations. Moving too quickly to a fully open and transparent system could be detrimental to the democratic process and political stability.

As my right hon. Friend the Member for Belfast North (Mr Dodds) acknowledged, one aspect of the Bill needs greater consideration and reflection. Individuals and bodies in the Irish Republic can donate to parties in Northern Ireland, in contravention of the law in that country. Indeed, it is much worse than that, because individuals and bodies in the Republic of Ireland could be used as a front for donations from other foreign countries. The Government must address this matter in the Bill to ensure the integrity of donations to political parties in Northern Ireland. If the hon. Member for Belfast East (Naomi Long) reflects on this, she will understand that it is a greater danger to the coffers of political parties than anything else that the Secretary of State has been asked to do in this House.

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[Ms Ritchie]

I accept the essence of the point of order. I acknowledge that the constituency is probably classified as Londonderry East, but my shorthand for it happens to be “East Derry”. I do not think that there is any particular difference of opinion. [Interruption.] May I continue?

There was the equally weak explanation that although doing so would save money, it would be unmanageable to hold two or three different elections on the same day. Wrong again! The Secretary of State’s consultation paper acknowledged that, if it was required—I quote for the purpose of accuracy and veracity—

“both the Chief Electoral Officer and Electoral Commission are confident that three polls can be delivered”.

So “administrative difficulty” does not solve the mystery.

Could it be that, while the Government’s consultation paper questioned the idea of extending the term of the Assembly, citing grounds of democratic legitimacy as well as questioning any practical need at all, the Government changed their mind as a result of the responses that they had received during the consultation exercise? Was the Secretary of State overwhelmed by consultees pressing for the extension of the life of the current Northern Ireland Assembly? No; that is not the answer either. Several political parties, including my own—the SDLP—and the Ulster Unionists, as well as the Green party, Conservatives and others, were emphatically against this anti-democratic proposal. The DUP and the Alliance were in favour of it, and Sinn Fein did not participate in the formal consultation exercise. Overall, of those consultees who responded directly on this question, 85% were against extending the Assembly term.

At this point the Secretary of State might say that a combination of the DUP, Sinn Fein and the Alliance can command a majority in the Northern Ireland Assembly, which represents broad support for the extension, but the Secretary of State has already acknowledged that she had a letter from those parties as far back as June 2012, some three months before she embarked on her consultation; she knew then that the leaders of those three parties all wanted to extend the life of the Assembly. Indeed, elsewhere in this Bill there are provisions aimed at correcting the anti-democratic nature of the Minister of Justice’s current position, which has already been referred to by the hon. Member for Belfast East (Naomi Long) and my hon. Friend the Member for Foyle. The Secretary of State already knew the views of these parties when she set the height of the bar that had to be cleared if the proposal to extend the term of the Assembly was to go anywhere.

In full knowledge of the views of the parties of the OFMDFM—the Office of the First Minister and Deputy First Minister—the Secretary of State summarised the issue in February this year by saying:

“The Government has consistently made clear that any move to extend the length of the current term could only be made if there was a clearly demonstrable public benefit, and a very large measure of agreement in Northern Ireland.”

The Secretary of State further concluded that the responses to the consultation

“tend to suggest that there does not exist, as yet, significant agreement to this proposal.”

I am sure the Secretary of State would not disagree with what she said then.

That does not help us much with the solving of our mystery, however. The Secretary of State set a clear test of a

“very large measure of agreement”

and concluded that the agreement demonstrated so far had not been “significant”. So in February of this year, in full knowledge of the various political parties’ views on extension, the Secretary of State was against it. What changed?

The Secretary of State also set the test of a “demonstrable public benefit”, but there clearly is not one. OFMDFM Ministers can argue that five years might give the Executive more time to demonstrate its worth, but in fact the opposite is the case. The Secretary of State’s paper of February of this year commented on the “opinion frequently voiced” about

“the perceived inertia of the Assembly”

and concluded that

“extending the term would only add to this.”

In addition, the CBI expressed concern in its consultation response that, at the end of a four-year programme for government, an additional year could just be a year of unproductive drift. Indeed, the proposal to extend the term takes little account of the very significant public disbenefits of moving to 2016, such as having the election so close to the 100th anniversary of the Easter rising, when certain political extremists will try to raise, and then exploit, community tensions on the nationalist side. There are also sinister elements in loyalism that will try to do the same around the important world war one centenaries. That is not a great time to have an election for a fixed five-year term in a fragile democracy.

So, with no “large measure” of agreement and no “public benefit”, what could have made the Secretary of State change her mind? Could it have been the Northern Ireland Affairs Committee? After all, the views of the Committee on Standards in Public Life were given considerable weight in the Bill’s provisions on double-jobbing. No, however, it is not the Northern Ireland Affairs Committee, because, as its Chairman, the hon. Member for Tewkesbury (Mr Robertson), said earlier, it did not support the proposal to extend the term either. Indeed, when the Secretary of State met the Committee in March this year, she stated:

“But it is quite an unusual thing to do, and we would have to be clear about the benefits it would bring, the additional achievements that could be made by the Executive in that extra year, and also have a very clear case made publicly to that effect by the Northern Ireland political establishment.”

So even as late as March this year, the Secretary of State seemed to have no appetite for extending the term of the Northern Ireland Assembly, yet by 9 May, when this Bill was published with the explanatory document, all that had changed. All the consultation responses and the Secretary of State’s own decision criteria had been cast aside in just a few short weeks. What changed the mind of the Secretary of State remains a mystery, and it is a mystery that she must unlock; indeed, the Minister must unlock it here tonight, and it will need to be explored further in Committee.

I believe the decision to extend the Assembly term is an atrocious anti-democratic, and potentially dangerous, development, and flies in the face of most of what the Secretary of State has ever said on the issue. I can find no rational explanation for the change of heart in the Command Paper that was a response to the Northern Ireland Affairs Committee report. The Government do not provide much enlightenment in unlocking the mystery, except that they wish to be consistent with Scotland and Wales in extending the terms of the existing mandates. The Government and Secretary of State have ignored a vital point, however: that the people of Wales and Scotland were aware of the change to the fixed-term mandate before casting their votes in May 2011. The position in Northern Ireland was totally different. The people of Northern Ireland were not involved in this, and they voted for a four-year mandate. The only person who could do something to overrule the Secretary of State is the Prime Minister himself. Is a prime ministerial intervention the answer to our mystery?

So I put it to the Minister, who will be responding to the debate: how often, and when, did he and the Secretary of State discuss this matter with the Prime Minister? Did the Prime Minister direct the Secretary of State to concede the Assembly’s term extension to those who lobbied him for it? And we know who lobbied him for it: the DUP, Sinn Fein and the Alliance party. If he did, what explanation did he give? Can the Secretary of State, or the Minister of State, as it will be in this instance, tell me what impact this sordid U-turn had on the credibility of the Northern Ireland Office and will have on any future NIO consultations? What faith will the people of Northern Ireland have in such consultations? The NIO and the Secretary of State must never forget that she and her equivalent in the Irish Government are the custodians of the Good Friday agreement. [Interruption.] This is no laughing matter, because when we went to vote in the Assembly elections in 2011 we voted for a four-year mandate, so the people will feel duped. Given the weight of evidence against the extension of the Assembly’s term, surely there is some way in which the Government will be prepared to reconsider this fundamentally anti-democratic measure. Obviously we look forward to discussing the issue further in Committee—or perhaps we should start lobbying the Prime Minister.

[Jim Shannon]

Will the hon. Lady give way?

[Ms Ritchie]

I wish to make a little more progress and then I would be happy to give way to the hon. Gentleman. Perhaps he can provide the answer to this mystery, as it is important that we find a solution to it. We need to work closely together, in partnership, and we need to ensure that we are able to sustain and maintain our democratic integrity. That is done in the best interests of the wider population of Northern Ireland: not only do the people demand it, but they deserve it, because for many years we lived and worked in that divided society, which in many ways still exists. We were living in the cauldron of violence and terrorism, and that was wrong. I am glad to say that that is largely diminished and we must now move forward into a new scenario.

[Jim Shannon]

I thank the hon. Lady for Down South for giving way. She has discussed great concerns about the issue relating to the Assembly elections, but had she the same concerns about the change of time scale for the council elections? Did her party express concern when the time scale was changed?

[Ms Ritchie]

I thank the hon. Gentleman for his intervention. Obviously, we have been dealing with the review of public administration in the period of various Ministers, including at least three from the DUP when the RPA was being discussed.