Northern Ireland (Miscellaneous Provisions) Bill

Lady Hermon Excerpts

Monday 24th June 2013 Commons Chamber

[The Secretary of State for Northern Ireland (Mrs Theresa Villiers)]

I beg to move, That the Bill be now read a Second time.

Unlike every other Northern Ireland Bill of recent years, the legislation before the House this afternoon is not being rushed through to resolve a crisis, to deal with security matters or to revive collapsed institutions. Today, we are considering a new kind of Bill for Northern Ireland: a Bill for more normal times—times in which Northern Ireland’s position as part of the United Kingdom is settled on the basis of consent; we have a stable and inclusive devolved Government at Stormont; and the focus is now very much on the politics of delivery.

Many of the measures in the Bill—in contrast to previous legislation—have been prepared in the light of public consultation, followed by pre-legislative scrutiny by the Select Committee on Northern Ireland Affairs. I am very grateful to my hon. Friend the Member for Tewkesbury (Mr Robertson) and his Committee for the seriousness and diligence with which they approached their task of scrutinising this legislation. Several aspects of the Bill have been improved in response to their recommendations.

So the context for this Bill is much more stable than that for previous Northern Ireland-related legislation. Devolved government is well established and the Northern Ireland institutions have been running continuously since 2007. In May, the First Minister and Deputy First Minister published an ambitious programme to address sectarian divisions, including dismantling all peace walls within 10 years. Just 10 days ago, they, I and the Prime Minister signed a substantial economic pact to help Northern Ireland compete in the global race for jobs and investment. The agreement reflects the maturing relationship between the Government and the Executive, and it will see the two Administrations working more closely together than ever before on crucial issues such as business access to finance, improving infrastructure, and supporting research and development.

Of course, last week Northern Ireland also played host to the highly successful G8 summit—something that would have been unthinkable only a few years ago. The Prime Minister’s decision to bring the G8 to County Fermanagh could not have been more fully vindicated. Lough Erne provided a spectacular backdrop for the meeting of eight of the most powerful people in the world. The summit was a great opportunity to showcase the best of the new Northern Ireland, which is a great place to invest and a great place to visit. A highly effective policing operation delivered the most peaceful G8 that anyone can remember. Let me take this opportunity to thank the Police Service of Northern Ireland and its partner agencies, including the Garda Siochana, for all their work in making that possible and for their continuing vigilance against the terrorist threat that remains so severe in Northern Ireland.

The Bill makes a number of institutional changes. The measures do not reopen the political settlement enshrined in the Belfast agreement or its successors, but I believe they will improve the way that politics works in Northern Ireland in a number of significant ways. For example, the Bill will open the way for more transparency about political donations, it will modernise the way that elections are run and it will see an end to dual mandates in the Assembly and the House of Commons.

Let me take the points about transparency first. As the House may well be aware, Northern Ireland is subject to different transparency rules on political donation from the rest of the UK. The concern has always been that the publication of donor names could deter people from making political donations because of fear of violent reprisal. Let me be clear that the Government’s ultimate goal is full transparency, with the rules in Northern Ireland being brought into line with the rest of the UK but, having considered the matter carefully, we have concluded that the security situation has not improved sufficiently to enable us to do that and that it is not yet right to start publishing donor names.

[Lady Hermon (North Down) (Ind)]

I am grateful to the Secretary of State for taking an intervention so early in her speech. The Secretary of State began with words with which no one could disagree. She said that the Bill is happening in more normal times in Northern Ireland; I could not agree more. She proceeded to talk about the G8 summit, which has been a huge success, and I thank her for expressing appreciation of the PSNI and the Garda Siochana. Will she take into account the fact that the vast majority of people in Northern Ireland want the anonymity of political donations to be removed and want transparency? What justification is there for keeping that anonymity in more normal times for Northern Ireland?

[Mrs Villiers]

The hon. Lady makes a fair point. I share the goal of those who want to see the extension of the GB regime to Northern Ireland, but, as I have said, I feel that the time is not right for that because the security situation has not improved enough since the rules were first devised. It is a pity, but the Bill will enable us to make progress towards the ultimate goal, which the hon. Lady and I both support.

Clauses 1 and 2 will enable us to make progress towards exactly the sort of normalisation that the hon. Member for North Down (Lady Hermon) wants to see. They will give the Government the power to use secondary legislation to increase transparency gradually, stage by stage. As a first stage, in response to the recommendations of the Northern Ireland Affairs Committee, we propose to move as swiftly as possible to the publication of draft secondary legislation, if the Bill passes all its parliamentary stages.

--- Later in debate ---

[Mrs Villiers]

The Democratic Unionist party has strong views on these matters—[Hon. Members: “So did your party in your manifesto.”]—but they are not relevant to the Bill. No doubt hon. Members will have the opportunity to raise those concerns as the debate continues, and I am sure that, on a future occasion, the whole House will have the opportunity to express a view on the status quo regarding parliamentary allowances and what changes should be made.

[Lady Hermon]

Will the Secretary of State clarify, for the benefit of the whole House, whether Members of the Scottish Parliament and Members of the Welsh Assembly can also sit in the House of Lords? Is there a precedent that the Secretary of State is following, or are we just making it up as we go along for Northern Ireland?

[Mrs Villiers]

There is no legislative ban on Members of the Welsh Assembly or the Scottish Parliament being Members of the House of Lords. My right hon. Friend the Secretary of State for Wales is seeking to introduce legislation on dual mandates in the Welsh Assembly and the House of Commons. My right hon. Friend the Secretary of State for Scotland has not taken that step. We believe that there is a case for looking specifically at Northern Ireland, where this has arisen as a problem. The Committee on Standards in Public Life commented that the issue was particularly entrenched in relation to Northern Ireland; that is why it was the subject of the manifesto commitment relating to the Northern Ireland Assembly, but not other Assemblies.

--- Later in debate ---

[Mr Nigel Dodds (Belfast North) (DUP)]

I join others in welcoming the Bill. It has had a long gestation period, and the previous Secretary of State for Northern Ireland, the right hon. Member for North Shropshire (Mr Paterson), who is now the Secretary of State for Environment, Food and Rural Affairs, heralded it as a normalisation Bill. We heard about the Bill in many meetings with him and others at the Northern Ireland Office, and we were led to believe that it would contain all sorts of wonderful, amazing things for Northern Ireland. Yes, it represents progress, but it is certainly not as far-reaching as was originally envisaged. It is certainly not as ambitious as the then Secretary of State suggested when he became the holder of that office.

The then Secretary of State said many other things, too, and I shall deal with those in a moment. One such matter was allowances for Sinn Fein Members. We have talked about dual mandates, but the issues of non-representation and the non-fulfilment of mandates are equally important. The right hon. Gentleman promised that not a single Conservative Member in this new Parliament would dream of sustaining the position whereby Members who did not take their seats could claim money and expenses. I hope that the House will shortly have an opportunity to consider that matter further.

I welcome the fact that we are debating the Bill at a time when there is no crisis in Northern Ireland relating to the Assembly or the Executive. On many occasions, we have had to debate all the stages of a Bill in one day to deal with the suspension of the Assembly, with some other crisis, or with its reinstatement. Thankfully, those days have gone and we now have relative stability. Indeed, we take that stability for granted. The very fact that we are debating an extension of the current Assembly’s term for another year, and fixed terms of five years thereafter, is in indication of the progress that has been made. Who would have previously imagined that we would be discussing these proposals here today? People would have said that we were living in fantasy land if they had been suggested before. Previous Assemblies did not have this kind of stability, and even the current one that was set up under the 1998 legislation did not have it until 2007. So we have a lot to be grateful for, and we should reflect on the progress that has been made in Northern Ireland, but we should not take it for granted. We must remember that there is still work to be done to ensure that that stability continues.

The Secretary of State and the shadow Secretary of State have mentioned that we are debating these matters against the background of a propitious event. The hosting of the G8 summit by Northern Ireland was enormously successful, and tribute has rightly been paid to the Police Service of Northern Ireland and the security forces in the Irish Republic and to the help given by other British police and security services. We have had great news, too, in recent days with announcements of significant numbers of fantastic, good-quality, high-value jobs for Northern Ireland. All those announcements are highly significant. As has also been pointed out, however, major challenges remain despite the progress that has been made. The challenge posed by dissident terrorists and other republican groups is significant. The police and security services deserve all our gratitude and our support—given in material ways—to make sure that they are ready, able and fit to combat that threat.

It is also crucial that the political parties in Northern Ireland’s civic society continue to give their full support to policing, the courts and the rule of law. One deeply disturbing issue already alluded to in this debate is the selective approach to policing that we have seen in recent months from Sinn Fein. We have seen its members picketing outside police headquarters when certain people are arrested, protesting against certain investigations and now we have seen the incident mentioned by the hon. Member for Tewkesbury (Mr Robertson), the Chairman of the Select Committee, and others, in which a Sinn Fein Minister in the Northern Ireland Executive and a Sinn Fein member of the Policing Board, Gerry Kelly, were both seen openly obstructing police and clambering on police vehicles at a peaceful parade held in my Belfast North constituency last Friday.

Clearly, there is outrage at this loutish and hooligan behaviour. It is not the job of Assembly Members, elected representatives or members of the Policing Board to interfere in that way in the conduct of police operational matters. Holding the police to account is not, as Gerry Kelly seems to think, a question of clambering on a police vehicle and trying to stop an arrest. It is about doing the job of being a member of the Policing Board by asking questions or coming to this House, if elected to it, and asking questions; it is not about vandalism or the loutish behaviour and hooliganism that we have seen. I have written to the Chief Constable today to ask what action he is going to take to investigate fully and ensure that action is taken against those who engage in this kind of provocative behaviour, which could have resulted in serious trouble. As we saw on the night, these actions led to others getting involved in attacking the police vehicle. There are challenges that we in Northern Ireland face.

Let me move on to the details of the Bill. It does not go as far as was first envisaged, but significant progress has been made on donations, dual mandates, the removal of some powers from the excepted category to the reserved category, and justice powers. I shall deal with each of those briefly in turn.

The issue of political donations and loans falls into three main areas: transparency of donors, the timetable for moving to full transparency and—this is an issue that the Secretary of State only glanced over—an anomaly that will remain, despite the Bill, in that donations will still be able to be made to Northern Ireland parties from individuals and bodies outside the United Kingdom.

This party supports in principle having as much transparency as possible when it comes to donations. There have obviously been good reasons in Northern Ireland for granting exceptions to the rules that apply to parties in the rest of the United Kingdom. Evidence about the security situation presented to the Select Committee in its investigation of this Bill cannot be set to one side. That evidence has come from not just the Unionist side, but the nationalist side and, as I mentioned in my intervention on the Secretary of State, the independent Electoral Commission. It shows that many brave individuals and businesses stepped forward during the darkest of days to make donations. They took great personal and corporate risks coming forward with donations, and their main concern was rightly—there is evidence that when the donations were discovered, these things did happen—that they would suffer personal loss, a downturn in trade and, in some cases, even physical attack. The intimidation was a real threat and was certainly a clear attempt to silence people and prevent them from participating in the democratic process.

As we in Northern Ireland move forward and put the violence of the past behind us, it is right and proper that we move towards a system of donations and loans that is similar to that used in the rest of the United Kingdom. That should apply not only to transparency issues, but to all aspects of donations, such as who can donate. From 2014 onwards, why should there be any exceptions at all?

We support the commitment in the Bill not to publish retrospectively the names of past donors. Any future reform must safeguard the trust that people in the past have placed in the system, to protect them, their families and their businesses from disclosure.

[Lady Hermon]

On transparency of political donations, I agree that donors to any political party were under real and significant threat in the past, but in the present changed circumstances in Northern Ireland that we enjoy by and large—thank goodness—will the right hon. Gentleman say, without disclosing their identities and breaching confidentiality, whether it is tens, dozens or one or two donors to the Democratic Unionist party who currently feel threatened by violence?

[Mr Dodds]

I can do no better than to quote the leader of my party and First Minister of Northern Ireland, who, as stated in the House of Commons Library research paper, shared the concerns of other parties, including the Ulster Unionists, in saying in evidence to the Select Committee:

“In the past, businesses and businesses were attacked because of their association either with security forces or with one section of the community. You cannot be cavalier about these issues because they are real. Even if it did not happen, there would certainly be the perception among those who might be willing to donate that it could.”

I will go even further and quote the leader of the SDLP, the hon. Member for South Down—[Hon. Members: “South Belfast.”] I apologise to both the hon. Member for South Down (Ms Ritchie) and the hon. Member for Belfast South (Dr McDonnell), the leader of the SDLP, who said in evidence to the Select Committee—I know he is more than capable of speaking for himself—that

“we feel that we were particularly vulnerable…in that some of our donors felt vulnerable and threatened…Sometimes the threat is not even direct, but people are put under pressure and told, ‘You gave the SDLP £1,000 this week; we think that we are entitled to £2,000 this week’. The threat is at that level. In a situation in which there are still a handful of people moving about with guns, that threat is there.”

I agree with the leader of the SDLP, with the leader of my party and with the Government, who have got this issue right. The Electoral Commission—an independent, not party political, body—also expressed such concerns.

I also fully endorse the recommendation of the Select Committee that the clause should be amended so as to provide that the Electoral Commission in future—from 2014 onwards, not going backwards—can disclose donor identity only where there is express consent from the donor; under the Bill as currently worded, such information can be published where there are “reasonable grounds” to believe that there was consent.

On the timetable for moving to transparency, I listened to what the Secretary of State has said: the Bill does not implement any provision, but simply gives the power to the Secretary of State to bring forward legislation in future for achieving greater transparency. At that point, a strong degree of caution and common sense will still need to be exercised because of the continued dissident threat to which we have referred.

The Bill states that the Electoral Commission must be consulted, but—with due respect to the commission—I think that there should also be consultation with the security forces and with the police in particular, and also with the political parties in Northern Ireland. I would be grateful for the Secretary of State’s assurance that this will not simply involve the thoughts and minds of the Electoral Commission, and that there will be a much wider consultation.

--- Later in debate ---

[Mr Dodds]

Actually, the reason for that is the fact that, given the Fixed-term Parliaments Act 2012, we will have a clash in May 2015. That is what makes it imperative that action is taken in this Parliament. The dates of the Scottish parliamentary and Welsh Assembly elections were moved for precisely that reason. If we do not take action, in two years’ time there will be elections on the same day for Parliament and in Northern Ireland. That is why this measure has been brought forward.

[Lady Hermon]

May I preface my remarks by saying it is wonderful to see the right hon. Gentleman back on great form? I might not agree with half of what he is saying, but I am delighted to see him, as a great parliamentarian, back and on great form.

May I make an imaginary journey forward to 2016, when we will—unfortunately, from my perspective—have an Assembly election? The right hon. Gentleman and his colleagues will be well aware of the fact that the Easter of 2016 will be celebrated, and that could be very divisive, as that Easter marks the centenary of a significant event. Does the right hon. Gentleman have concerns—and I do just mean concerns—about that being exploited by a particular party in Northern Ireland to its advantage?

[Mr Dodds]

I am very grateful to the hon. Lady for her very kind remarks. It is great to be back, and there is no better occasion to be back for than this debate on the Northern Ireland (Miscellaneous Provisions) Bill. It is a great Bill and reminds me why I entered politics in the first place.

I understand where the hon. Lady is coming from, but I cannot agree with her. The Easter rising centenary will be commemorated in 2016, but the Unionist perspective will be, “100 years on and still no united Ireland”. One hundred years on from the Easter rising and Ulster—Northern Ireland—is more firmly part of the United Kingdom than it has ever been.

[Lady Hermon]

Aren’t you glad I asked that?

[Mr Dodds]

I am absolutely delighted that the hon. Lady asked that question. I look forward to her, like me, celebrating in 2016 and also commemorating another significant historic event in Northern Ireland—the anniversary of the Somme—on 1 July, as so many Ulster men gave their lives on the first day of that enormous battle. There will be many commemorations, centenaries and anniversaries affecting Northern Ireland in 2016 and the coming years, so I understand what she is saying. Although I do not agree with her on that point, I am sure she will respect my view on the issue.

Let me deal briefly with the change in the size of the Northern Ireland Assembly. As the Secretary of State has said, the powers will change from being in an excepted category to being in the reserved category. The Northern Ireland Assembly will, thus, be able to legislate, with the consent of the Westminster Parliament, and that is right and proper. We believe that there should be more such provisions, making it easier for the Northern Ireland Assembly to legislate in other areas, such as its working, the make-up of the Executive and how they are formed. Of course, this should be done on a cross-community basis and as a result of negotiation, agreement and a cross-community vote, but it would send a strong signal that more of those powers are for the people and parties in Northern Ireland to agree.

Of course, Northern Ireland is over-represented, but we have 108 Members because the parties that supported the Belfast agreement in 1998 wanted the Assembly to be that big. We opposed that, for the reasons of over-representation that many Members are now talking about. The choice of six Members per constituency was a blatant attempt, once again, to get smaller parties that were, at that stage, in favour of the Belfast agreement into the Assembly at the expense of others. It did not work out that way because the Northern Ireland electorate had much greater common sense, voting for parties that would fight for change and reform, and for a better way forward. We achieved that, which is why we have the stability we have had since 2007.