Hallett Review

Debate between Mark Durkan and Baroness Primarolo

Thursday 17th July 2014 Commons Chamber

[Madam Deputy Speaker (Dame Dawn Primarolo)]

Order. I am very keen to ensure that all hon. Members get to participate in this statement. I appreciate that the Secretary of State is giving very full answers. May I gently suggest slightly clipped and crisp questions, and crisp answers, as we do have quite a lot of business that we need to move on to?

[Mark Durkan (Foyle) (SDLP)]

Does the Secretary of State recognise that although Lady Justice Hallett makes it clear at the start of her report that it is not a whitewash, it does leave a couple of black boxes in respect of Operation Rapid, not least the fact that there is little explanation as to why during that period so many cases on the list went from being “wanted” to being “not wanted”? Lady Justice Hallett gave an assurance that there was no chilling effect, but why then the frozen response on the part of the PSNI whenever it clearly realised that mistakes were made in respect to the Downey letter and why the frozen response whenever the Historical Enquiries Team indicated that it had identified possible evidence in relation to Mr Downey and offences in Northern Ireland?

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill

Debate between Mark Durkan and Baroness Primarolo

Tuesday 10th September 2013 Commons Chamber

[The Second Deputy Chairman of Ways and Means (Dawn Primarolo)]

Order. Before I call the remaining speakers, I want to make it clear that I intend to call the Minister at quarter to 7, and I will sit the Member down at that time if they do not sit down themselves. Three Members still wish to contribute, and I hope that each of them will be very brief.

[Mark Durkan]

Like other Members, I rise to voice my overall concerns about clause 27. I will support the call by the hon. Member for Nottingham North (Mr Allen) to vote against clause stand part. I also support amendment 66, which would keep limits as they are. We have heard no justification for the change proposed in the clause either to the threshold or the limit, and we have been given no example of anybody who has created any sort of difficulty. No scandal has been painted for us; we do not even have a scandal in waiting that anyone can point to. For part 1 of the Bill, however, we know of scandals that are completely untouched, and the message is “carry on regardless”.

It would also be remiss if we did not address some of the nonsense offered about amendment 101. Some might think it is a mad and daft measure that will get nowhere, but parts 2 and 3 of the Bill came out of nowhere. Amendment 101 is already gaining traction, and we are told that there will be an even harder version of it on Report. I therefore think that it needs to be fully and fairly reported. Not only would the amendment restrict the use of public funds for campaigning, it basically states that nobody can do anything that would come under controlled expenditure if they receive public funds, even if they are not using those funds for anything that might be defined as controlled expenditure. Therefore, if a charity, community or voluntary group receives funding, whether from the local council, a European programme, a Department or another public body, perhaps under a service level agreement, it can in no way use the advocacy side of its role in anything that might involve controlled expenditure.

In the context of Northern Ireland it is important for organisations that work and engage with young people who are otherwise disaffected—turned off by the political process, and in many ways socially disconnected—to get public funds. It is also good that in election periods they ensure there is discussion, political conversation and an opportunity for political parties, and others, to engage. Nothing is done that is unfair or gives advantage to any party. Indeed, the kind of hustings that are called put all parties on their mettle.

It is also good that women’s groups get funding, although it is often not enough. Groups such as Foyle Woman’s Aid in my constituency, or the Foyle Women's Information Network, sometimes get small amounts of money, or big amounts for the big and important services they provide. It is important that they too are part of the democratic conversation at election time, because that helps to move the debate on in Northern Ireland from the traditional binary divide that our media keep getting us caught into. All parties complain that we are constantly brought in to rehearse and refight the old arguments. We say we want to fight on wider social and economic points, but we are not able to because those who help to lead, stimulate and support people in the political process to try to move politics in Northern Ireland on to those issues—it is a contest of priorities, policies and performance in relation to socio-economic, cultural and environmental issues—have been told, “No, butt out; just let the parties do it their way. Leave control and influence around elections to the media.”

The hon. Member for Nottingham North said that the biggest people who influence elections and have all sorts of ulterior influences and interests at stake and in play are the big powerbrokers of the media. They are not touched by this Bill or anything else that the Government propose.

Northern Ireland (Miscellaneous Provisions) Bill

Debate between Mark Durkan and Baroness Primarolo

Tuesday 9th July 2013 Commons Chamber

[Mark Durkan]

I beg to move amendment 18, in page 7, line 4, leave out from ‘is’ to end of line 41 and add—

‘repealed.

‘(2) Any provision by Act of the Northern Ireland Assembly which provides, by virtue of section 21A(3) or (3A) of the 1998 Act, for the method of appointment of a Minister in charge of devolved policing and justice functions, shall be repealed.

(3) Any Minister in charge of devolved policing and justice functions shall be appointed in the same way as other Northern Ireland Ministers.’.

[The Temporary Chairman (Katy Clark)]

With this it will be convenient to discuss the following:

Clauses 8 and 9 stand part.

[Mark Durkan]

Amendment 18 deals with the appointment of a Justice Minister. I shall not go through the history of the various bits of legislation that have gone through this House—many of them steered through by the right hon. Member for Neath (Mr Hain)—to provide for all sorts of permutations and models for appointing such a Minister. The main parties settled on a version that would allow the Minister to be elected by means of a cross-community vote in the Assembly. Of course, the party that gained that Ministry could then end up having a surplus of ministerial positions over and above its entitlement under d’Hondt.

The right hon. Member for Torfaen (Paul Murphy) will recall the tortuous negotiations that we had, and the fact that we were determined that there should be some sort of proportional system, be it d’Hondt or Sainte-Laguë. We went through the various permutations, and d’Hondt was the one that most people were familiar with, because of their experience with the European Parliament. It was deliberately chosen as an inclusive arrangement and to create a situation in which parties were not in a position to vet or veto each other’s ministerial appointments. We actually used that language in the discussions and the negotiations; the parties did not want to be in a position of being able to vet or veto other appointments.

Nevertheless, when it subsequently came to the arrangements for appointing a Minister of Justice in the context of the devolution of justice and policing, there was a departure from that principle—for all the various circumstantial and other reasons with which we are all familiar. I shall not take the Committee’s time in either rehearsing or rebutting them this evening.

If people went for that formula, straying outside the terms, principles and promise of the agreement, they did so on the basis that it was needed to get the devolution of justice started and it was a way of breaking the impasse ensuring that there were no more standoffs. The progress made overall and in the context of justice and policing, means that we have time to consider whether the exceptional arrangements made in and around the position of the Ministry of Justice should still continue.

This clause is designed to end the aberration in the sense of a party being over-represented—over and beyond the d’Hondt entitlement—but that does not simply correct the matter in itself. As I pointed out on Second Reading, it creates other anomalies and potentially some pressures on the parties.

Parliamentary Voting System and Constituencies Bill

Debate between Mark Durkan and Baroness Primarolo

Monday 1st November 2010 Commons Chamber

[Mrs Laing]

I rise to defend myself, because that is not at all what I said. On the contrary, communities and local traditions are very important. It is important to have a parish council representing a village and to have Cornishmen feeling Cornish and caring about Cornwall—nobody is changing Cornwall. It is very important to respect local history and the feelings of local communities. That is not reflected in the boundaries of parliamentary constituencies. There are many other ways in which those traditions and communities are respected, observed and upheld. It is not in the boundaries of parliamentary constituencies—

[Madam Deputy Speaker (Dawn Primarolo)]

Order. Interventions should be short, not a second speech.

[Mark Durkan]

Thank you, Madam Deputy Speaker. I take no responsibility for the possibility that the boundaries of interventions were exceeded there.

I would take the hon. Lady’s point if she had said that in her speech, but that was not the attitude she conveyed. Then, it was the numerical imperative that was going to achieve an equality that she believed overrode every other possible consideration, including those that she has just outlined. Boundary commissions have been able to ensure that these sorts of local considerations are brought to bear on the construct of parliamentary constituencies. In future, after this Bill, however, that is going to be hard.

I do not accept that we should lose the ability to have local inquiries in general as part of electoral reform, but my fall-back amendments are designed to protect the particular circumstances of Northern Ireland, where, as I said when speaking to earlier amendments, it needs to be borne in mind that the parliamentary constituencies are, by statute, also the constituencies for the Northern Ireland Assembly. Many of the issues that will come up as matters of local contention and perhaps even party political controversy will pertain as much to the Assembly constituencies as to other constituencies. Of course, the Northern Ireland Assembly is elected on the basis of proportional representation, which is meant to be about giving equal weight to votes, including those of minorities in particular Northern Ireland constituencies. That is part of the agreement. We want to ensure that, rather than decisions in Northern Ireland being driven by robotic computer-generated arithmetic suggesting boundaries that will secure the numbers that fit, a local regional inquiry can take account of the different interests—not just party interests, but civic and local community interests.