Northern Ireland (Miscellaneous Provisions) Bill

Debate between Lord Browne of Belmont and Lord Alderdice

Tuesday 25th February 2014 Lords Chamber

[Lord Browne of Belmont]

My Lords, this is an issue that the noble Lords, Lord Trimble and Lord Empey, have returned to on several occasions in the past, and I am sure that they will keep doing so in the future. However, as I pointed out in Committee, no other ministerial appointments, with the exception at present of the Justice Ministry, require cross-community support. It seems inappropriate that this requirement should be applied to the appointment of the First Minister and Deputy First Minister.

In Northern Ireland we are currently experiencing the longest period of stable government in a generation. What is detailed in the amendment simply moves us backwards and returns us to the position that existed in Northern Ireland pre-St Andrews. When we look back at Northern Ireland under the devolved institutions prior to the St Andrews talks and compare it with the stable Province we now have as a result of an extended period of devolved government since 2007, we see a remarkably different country.

As noble Lords will be aware, and as I mentioned in Committee, there is a legal requirement placed upon the Northern Ireland Assembly to provide a report on how the Assembly structures can be improved. My party, the Democratic Unionist Party, would be reluctant to pre-empt the work ongoing in the Assembly to review its functions and those of all the political institutions by supporting amendments such as this. It is my firm belief that it is inappropriate to simply unpick some parts of the relevant legislation. This amendment would simply divert attention from the important issues and challenges that Northern Ireland and its politicians face every single day. If changes are to be made we must look at the totality of the system of devolved government.

[Lord Alderdice]

I am encouraged by some of the things the noble Lord has said. I would be encouraged even more if he was able to give an undertaking that his party will also adhere to its commitment to this way of forming the First Minister and Deputy First Minister portfolios whatever the outcome of the Assembly elections in 2016. It would be a real reassurance not only to this House but to others if he was able to give an undertaking that his and his party’s commitment to this way of working is not only for when they have the First Minister but for whichever party has the First Minister.

[Lord Browne of Belmont]

I am not in a position to speak for the Executive or for my party in the Assembly. However, I am sure that they would wish to progress in a way that they believe will serve the people of Northern Ireland best.

I oppose the amendment and I hope that we will be able to proceed with the elections in Northern Ireland. Unlike the Ulster Unionists, I am not pessimistic about the outcome; I am very optimistic.

Northern Ireland (Miscellaneous Provisions) Bill

Debate between Lord Browne of Belmont and Lord Alderdice

Monday 3rd February 2014 Lords Chamber

[Lord Alderdice]

My Lords, I have spoken on this issue before on a number of occasions. I did so right from the beginning, when the legislation first came forward, when it became apparent to me that there needed to be discussion not just with parties of Northern Ireland but with the Government of the Republic of Ireland, because we have a land border with them.

One of my concerns at home in the last little while has been that a new generation of people, including politicians, have come forward who do not know what had to be done in the past to reach the agreements. They do not understand the language and the choreography that was necessary. That is not just a matter for Northern Ireland. It is apparent to me that on this side of the water there are people in senior positions in government who do not realise what had to be done to reach accommodations in the past. For example, it was unthinkable, even in those days, that a Government—in which the noble Lord, Lord Hurd, who is no longer in his place here, served—would have embarked on a key issue of security policy that involved the border area without any discussion with the Government of the Republic of Ireland, and that was long before many of the agreements with which the subsequent political progress was made. The Labour Administration, particularly under Tony Blair, would never have engaged in some kind of agreement on security issues without discussing it with the Government of the Republic of Ireland. The Taoiseach and the Prime Minister had a very close relationship.

When I raised the question of whether there had been serious discussions between the Home Office and the department of justice in the Republic of Ireland—and I am talking about the Bill team stage, not after the legislation had been passed—I was astonished, because I was looked at as if it was an extraordinary question. Yet the responsibilities of the NCA will include border regions, and there is only one land frontier in the United Kingdom. I have raised that again and again, and I must say that from time to time Secretaries of State and Ministers—in particular I mention in dispatches David Ford, the Justice Minister—have worked extremely hard to try to ensure that the Irish Government were brought in to assist us in getting the agreement of some of the parties in Northern Ireland that find it most difficult to agree on those kinds of things. Therefore there have been efforts from within elements of the British Government here and from within the Northern Ireland Executive, but it is also clear that at some very senior levels there is no appreciation that you cannot simply take these things for granted within that part of the United Kingdom.

I support the noble Lord, Lord Empey, in raising this question, not because I think it should be dealt with in this particular piece of legislation, but—as he said earlier on, and it is true—because it is not every day that a piece of legislation relating to Northern Ireland comes forward without being governed by emergency provisions of some description and rushed through the two Houses. In fact, this is probably the first time in 16 years that we have had a piece of Northern Ireland legislation that has not come through under emergency provisions of some description. Therefore, it gives us an opportunity to raise these kinds of matters.

This is a serious issue: it is not going to go away; it has the potential to become more serious; and, unless the British Government relate with the Irish Government in trying to assist parties in Northern Ireland to achieve an outcome, I do not think it is going to be successful. I warned about this at the time and it did not seem to register, so it is no surprise that we are in the difficulty that we are in. People did not take the advice at the time; they did not think it was necessary. I hope they have learned and begin to take action. As I said, this does not fall in the lap of either the current or the previous Secretary of State for Northern Ireland because they actually realised the problem, but it was not in their bailiwick at the time. It was in that of another government department. They worked very hard, as did the Justice Minister, David Ford, but I hope the warning that the noble Lord, Lord Empey, has cited will be heard again and reverberate until we get a proper outcome for this.

[Lord Browne of Belmont]

My Lords, I am pleased to support the amendment of the noble Lord, Lord Empey, in relation to the National Crime Agency. Failure to extend the full operation of the National Crime Agency to Northern Ireland seriously jeopardises security in the province. Failure to extend the work of the agency to cover every part of the United Kingdom is the equivalent of putting up an “open for business” sign over the Province.

In the Police Service of Northern Ireland, we have one of the most accountable police forces in the world, with constant checks and balances, scrutiny and high-level review. With the introduction of the National Crime Agency, this high level of scrutiny would continue. The head of the National Crime Agency, under statute, would appear in front of the Northern Ireland Policing Board once every year. Significantly, the NCA could not operate in devolved matters at all without the instruction of the chief constable. Despite these control mechanisms, some politicians in Northern Ireland have constantly blocked attempts to allow the full operation of the NCA. That leaves those involved in all levels of organised crime in a much better position than they were previously. A fully operational National Crime Agency would be a vital tool in tackling serious and organised crime such as human trafficking and the illicit drugs trade and in preventing terrorist attacks. At a time when my noble friend Lord Morrow is working tirelessly to stamp out human trafficking in Northern Ireland, it is vital that an operational agency is in place that can support this work. Therefore, I support this amendment.