Anonymous Registration (Northern Ireland) (No. 2) Order 2014

Lord McAvoy Excerpts

Monday 30th June 2014 Grand Committee

[Lord Alderdice (LD)]

My Lords, I thank my noble friend for stepping into the breach at very short notice, on this occasion to ensure that the regulations can go forward promptly and that everything is in place in good time for the elections in 2015. I welcome that.

However, many people looking on from outside may find it a little strange that, after 30 or 40 years in which peoples’ lives were very much at risk, including anyone coming into the public eye for any purpose, it is now, when one hopes that we are at the other side of the peace process, that we are introducing anonymous registration. To some extent, the reason is that it has been introduced in the rest of the United Kingdom and this order ensures that Northern Ireland is not out of kilter.

I hope that that turns out to be the only good reason for it. One worry of very recent times has been that, perhaps out of a fear of pressing the nuclear button of sectarianism between Protestants and Catholics and unionists and nationalists, some nefarious individuals have turned their attention to others who have come into the community from other parts of the European Union and elsewhere, and we have seen a rise in the kind of racism and xenophobia that we have not previously seen in Northern Ireland. Tragically, every few days, one sees intimidation of people from other parts of Europe and the world. I hope that some of the campaigns that we have been trying to develop in recent times, including the Unite Against Hate campaign and others, will have a positive effect that ensures that anonymous registration is merely a harmonisation measure and not one that is necessary for the situation in Northern Ireland.

However, in general terms, I welcome this and the other instruments, which will put the house in order in time for elections next year.

[Lord McAvoy (Lab)]

My Lords, I join the noble Lord, Lord Alderdice, in thanking the noble Lord, Lord Wallace of Saltaire, for stepping in at such short notice. He is welcome to the Northern Ireland brief, even though it might be temporary—but we never know what fate awaits us.

Her Majesty’s Opposition, in the spirit of consensus and bipartisanship over Northern Ireland, also support the statutory instruments. Like the noble Lord, Lord Alderdice, I have an “however”: however, this has been promised for quite a while. It has been a year since the miscellaneous provisions Bill was passed. The point was rightly made at the time on all sides that we wanted parity on anonymous donations, for instance, and anonymous registration. Has the Minister been briefed on what assessment has been made of what progress, if any, has been made towards removing anonymous registration and the provisions for anonymous donors?

As ever, we are at a delicate time in Northern Ireland, with a conference due on Wednesday which, we hope, will tackle the real outstanding issues in Northern Ireland which are blocking further progress. However, within the confines of security, which we fully understand, I am trying to get a feel for what assessment the Northern Ireland Office has made of the temperature in Northern Ireland, what is the nature of those assessments and what they entailed. I am also trying to get a feel for how active Northern Ireland Office Ministers have been in Northern Ireland itself. We all want them to be proactive—carefully proactive, but proactive. I would hate to get a sense that, for the past year, they have just sat on the situation and have not made any assessment of progress towards agreement on such statutory instruments.

I hope that I am not being unfair to the Minister—he is only just here—but can he undertake to give us in writing a summary of what Northern Ireland Office Ministers have been doing over the past year? We need a picture of the Secretary of State’s engagement, if any, with the Parades Commission, because that is a really sore point on both sides of the community divide. I am not looking for revelation of issues or contacts that would stir up the pot, if you like, but we need to ensure collectively here that Northern Ireland does not feel that Westminster is not bothering, not looking at it urgently and taking not an offhand approach—that would be unfair—but a light touch, when it needs to be a wee bit firmer.

We need to find out what the community approach would be. Several people have expressed concern to me about anonymous registration and anonymous donors. It seems that, a year later, we have stood still. Perhaps I am being unfair through lack of knowledge, but I should like to get some picture of what the Northern Ireland Office has been doing. If the noble Lord is unable to answer now, as I fully understand, I would appreciate a report in writing, because if we are proceeding to normalisation, why are we not moving a wee bit faster? Everybody—the SDLP, the Ulster Unionists, the DUP, the Government—says that they want it. What progress is being made? I should appreciate a response.

[Lord Wallace of Saltaire]

My Lords, the weather in Northern Ireland is warm at this time of year—the noble Lord asked about the temperature. Part of the reason for introducing these measures in September rather than June was that the PSNI is, for reasons that he well knows, rather busier over the summer than it is in the autumn. That is a simple explanation of why they did not come in three months earlier.

I say to the noble Lord, Lord Alderdice, that we are introducing anonymous registration in Northern Ireland partly to ensure consistency with the rest of Great Britain. We all understand the particular circumstances in Northern Ireland which call for anonymous registration, but anonymous registration in Great Britain—on the mainland—is to do with witness protection in a number of instances, wives who have been battered by their husbands or women who have been battered by their partners. Those are, dare I say, less abnormal reasons for anonymous registration. We hope that, over the years, the number of those who look for anonymous registration in Northern Ireland will fall towards the mainland level. We anticipate that around 2,000 people may apply for anonymous registration in Northern Ireland, which would be considerably higher, proportionately, than on the mainland; I think there are of the order of less than 2,000 across the mainland. However, this number will fall if and as the situation in Northern Ireland becomes less tense than it has been.

On the question of why we have not moved more rapidly, there have been two consultations on how to put in anonymous registrations. It is a delicate and complicated process. The first was during the previous Government, in 2008; the second was under this Government. Part of the complication of the introduction —the reason we have several different SIs today—is that it requires changes in every part of the electoral system and in other areas, such as obligations for jury service. The preparation of eight different statutory instruments by the NIO unavoidably took some time. Legislation which was essential for the conduct of elections in 2010 and the triple poll in 2011 unavoidably took priority over anonymous registration.

On the question of donations—which are rather different from registration—we intend as far as possible to bring greater transparency about the origins of donations in Northern Ireland. Legislation will shortly be brought forward that will allow for more details of Northern Ireland donations and loans to be published while still protecting donor identities. I hope that provides some assurance. I am happy to write further to the noble Lord if there are other issues at stake. Full public consultation on the draft order to increase transparency took place, I understand, in January, and we are working on the responses to that consultation, which will shortly be followed by legislation.