Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012

Lord McAvoy Excerpts

Wednesday 18th July 2012 Grand Committee

[Earl Attlee]

My Lords, the devolution of policing and justice in 2010 was a major step forward on the path towards the political stability that Northern Ireland now enjoys. Noble Lords will be aware that the prospect of devolving policing and justice was raised in the Belfast agreement of 1998, the joint declaration of 2003 and the St Andrews agreement of 2006. However, it was only in 2010, through agreement reached at Hillsborough Castle, that a clear timetable was established for the devolution of policing and justice functions to the Northern Ireland Assembly, which then formally took place on 12 April 2010.

It was necessary as part of the devolution process to make a number of consequential changes to the statute book in order to transfer a wide range of statutory functions conferred on government Ministers to the appropriate authorities in the devolved Administration. The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 made the vast majority of these transfers of functions. However, due to the timing of the 2010 order, there were provisions of the same parliamentary Session that did not take into account the transfer of policing and justice functions and these now require amendment. In addition, a small number of provisions were also either missed or now require technical correction.

The main purpose of the draft order before us today is therefore to make the necessary amendments to the statute book to complete the transfer of policing and justice functions to the devolved Administration. Most amendments are achieved through straightforward substitutions of references such as “the Department of Justice” for “the Secretary of State”. Where the function being transferred involves both policing and justice matters and excepted matters, such as national security or immigration, provision has been made to divide these functions between the Secretary of State and the Northern Ireland Department of Justice to make clear their respective roles and responsibilities. This follows the approach taken to similar provisions in the 2010 order.

I can confirm that the Department of Justice in Northern Ireland has been fully consulted during the preparation of this draft order and fully supports it. The same is true of Whitehall departments that may be affected. I hope that noble Lords will also support the making of this draft order. It may, in effect, make relatively minor, common-sense amendments to the statute book but this is in pursuit of the much more significant aim of completing the devolution of policing and justice to the Northern Ireland Executive, which itself has led to a level of political stability in Northern Ireland not seen in a generation. I therefore commend the order to the Committee.

[Lord McAvoy]

My Lords, I immediately declare that the Official Opposition are in support of this move. It is worth spending a minute or so on how we got here. As the Minister rightly said, the devolution of policing and justice was a huge achievement after long and painstaking negotiations. I was long enough in the other place to remember the commendable efforts of the Government led by Sir John Major in initiating this process. When Labour came to power, we knew how sensitive and complicated all these issues were. We worked with all parties and the Irish Government to ensure that the transfer of power and the creation of a new Department of Justice in Northern Ireland were stable and sustainable.

David Ford is doing a very good job in difficult circumstances. He has the full support of Vernon Coaker, shadow Secretary of State for Northern Ireland, in carrying out his challenging and important job. He and the Northern Ireland Executive have done good work in continuing progress in building peace. However, the violence of last week, most notably in Belfast, where 20 police officers were injured, shows that there is much to be done. Parading and areas of dispute around parades have a knock-on effect on community relations and the terrorist threat. Heightened tensions mean heightened security and we should all be aware of the desire of dissident republicans to wreck the peace process. I pay tribute to the Police Service of Northern Ireland for the courage and determination they show every day to protect and serve everyone in Northern Ireland.

Significant responsibilities on national security still lie with the Northern Ireland Office. The boundaries are sometimes blurred between what is national security and what is the responsibility of the devolved Administration and the PSNI. That is inevitable and part of the process. We all know that there are no cut-and-dried, easy solutions in Northern Ireland. In the attempt to take everyone with us, there will be blurred edges.

This order is an attempt to do something about that, and my contribution today will be mainly to ask some questions. I am not quite sure of one or two things. I apologise for that. I am new to this job and to studying the legislation affecting Northern Ireland. I hope to learn quickly enough. Article 7 says:

“(2) In paragraph (1) for ‘Secretary of State’ substitute ‘Department of Justice’.

(3) In paragraph (2) for ‘Secretary of State’ substitute ‘appropriate authority’”.

Is there a reason why these cannot both be allocated to the Department of Justice? In paragraph (4), can the areas of authority be defined a bit better between the Department of Justice and the Secretary of State? Can this section be explained a bit better? I do not quite grasp why the responsibility lies where it does.

In Article 14, there seems to be some dubiety about the status of the National Policing Improvement Agency. I am informed by our Home Office spokesman that the agency is being abolished as part of the Crime and Courts Bill. If it is being abolished, why is it mentioned here?

Apart from these questions, the Official Opposition fully support this move. It makes further progress in devolution in Northern Ireland and we are fully supportive of the Government’s actions.

[Lord Alderdice]

My Lords, I, too, support this small piece of legislation. I do not think it is particularly contentious, but I would like to use the opportunity to pick up on some matters of devolution.

As the noble Lord, Lord McAvoy, has said, a considerable amount of work has been done in ensuring that these last few pieces of the devolution of policing and justice functions are completely satisfactorily. When my predecessor as leader of the Alliance Party, Sir Oliver Napier, was Minister of Law Reform in the ill fated 1974 power-sharing Executive, one of the key problems was that policing and justice functions had not been devolved. Therefore, when things got out of control it was, partly at least, because the power-sharing Assembly did not have the possibility of enforcing its own rule. When my successor as leader of the Alliance Party, David Ford, became Minister of Justice, it was in the context of agreement on the devolution of policing and justice—something that Seamus Mallon, the deputy leader of the SDLP and later Deputy First Minister, pointed out was the absolutely critical thing in ensuring that there was a serious and stable devolution settlement. He was right about that, although for a long period it was believed that it was so contentious that it was quite impossible. There was an element of truth in that. Without other political agreements, perhaps it was impossible.

However, there is one aspect of policing that remains contentious and difficult, when many others are now able to be discussed—a policing board, district policing partnerships and so on. It was the aspect referred to by the noble Lord, Lord McAvoy, in which I have been slightly involved lately—the question of contentious parades. These are not easy matters, as all noble Lords around the Room know very well. One of the things that struck me is that some of those who have been saying in strident terms that the problem is mistaken judgments by the Parades Commission have had least to say in terms of proposals for better decisions by a Parades Commission or another body. I am not sure that I see another way of addressing this problem until we find ourselves considering another instrument that is devolving responsibility to the First Minister and the Deputy First Minister or to the Executive itself.

For as long as there is a Parades Commission that is acting independently and where elected representatives at the most senior level do not have responsibility for decisions being taken about these issues, but policing itself has to gather up the problems, we will continue to have this kind of contention. I should like to ask the Minister whether, if this order goes through—as I have no doubt it will—he will take back to his right honourable friend the Secretary of State for Northern Ireland and other colleagues a proposal that they look seriously at the devolution of responsibility to the Office of the First Minister and Deputy First Minister whereby they would have to resolve the problem of parades. Some might say, “That is impossible”, but some would have said that about policing in general. It is not a sustainable position, when people are appointed to make difficult decisions and are backed up by the Government here in London, that those decisions are always second-guessed by way of criticism without there being any specific proposal for a realistic alternative decision.

I hear each side saying that the answer is for the fellows on the other side to back down. We were very used to that in the past, but there must come a time when we will have another devolution order in this place that will put the responsibility back to where it actually belongs, the elected representatives of the people of Northern Ireland to make decisions about these matters and then to live with them.

However, I want to say how much I back this order and how striking it is that an issue involving devolution of policing and justice, modest as it is, is no longer a matter of contention.

[Lord McAvoy]

Has the noble Lord had any thoughts about the process that could be used by the First Minister and Deputy First Minister to arrive at conclusions?

[Lord Alderdice]

I am hesitant because, of course, as soon as one makes a proposal, the likely response is to knock it down. However, I make the following observations. First, it is clear that the elected representatives did have a set of proposals that they were prepared to bring to the Assembly but which the Orange Order at that stage was not prepared to accept. I believe that the Orange Order has come some distance since that time and, in my discussions, properly mandated representatives of the Orange Order engaged with local nationalist constituents. That would not have happened some years ago. It was a promising thing, even if agreement was not able to be reached. I encourage the First and Deputy First Ministers and the parties in the Assembly to pick their proposals up and to try to push them through.