Northern Ireland (Miscellaneous Provisions) Bill

Mike Penning Excerpts

Monday 24th June 2013 Commons Chamber

[Naomi Long]

I certainly agree that the resources available to the Electoral Commission need to be used wisely. As in every other public body, the commission’s resources will be constrained by the limitations of what is available, but I note that the Secretary of State said earlier that additional funding would be made available specifically to deal with registration.

[The Minister of State, Northern Ireland Office (Mike Penning)]

Perhaps I can clarify the situation. The full door-to-door canvass was not due to take place this year, but I have now made the funding available, along with the necessary administration process, so that it can do so. It is for the political process in Northern Ireland, as well as the Electoral Commission, to push that forward so that we get more people on the electoral register, because if they are not on the register they cannot vote and no one can campaign for their vote.

[Naomi Long]

I thank the Minister for that clarification, which hopefully will have answered some of the specific questions Members have on electoral registration.

The first issue I want to address is transparency on political party donations and loans, which I have raised in the House on a number of occasions over the past few years. Whatever the historical arguments regarding the need to protect the identity of donors, I firmly believe that the time to lift that veil of secrecy has passed. The Northern Ireland public have a right to know the identity of significant donors to political parties, as voters do in the rest of the UK, and then to judge for themselves whether such donations influence the decisions, policies and actions of parties. As long as mystery surrounds that, parties will be open to the charge that they are influenced in that way, but they will be largely unable to defend themselves against such suspicion. Although that is disclosed to the Electoral Commission, it is not made public, and that is key.

The security situation in Northern Ireland, although far from perfect, has improved significantly since donor anonymity was introduced. It is not consistent or sustainable to argue that Northern Ireland is a safe and welcoming destination for tourism and inward investment while at the same time arguing that the security situation is so grave that normal democratic scrutiny cannot be introduced.

Three primary concerns regarding the impact of transparency have been raised. I will briefly address each in turn. First, there is the fear of a threat of violence against a person, their family or property as a result of their association with a particular party becoming known. Despite the genuine concerns expressed in that regard, there appears to be little tangible evidence of specific targeting of donors as part of campaigns. However, nowhere can that be entirely ruled out. Therefore, donors should carefully consider the risk when deciding whether to donate; it is not compulsory. Knowing that their donations will be published will help to inform them as to which decision to make.

I am certainly not oblivious to, or cavalier about, the risk that being politically aligned or identified in Northern Ireland can still carry. My party leader, David Ford MLA, who is the Justice Minister in Northern Ireland, is likewise cognisant of the continued risks. However, that does not insulate Northern Ireland politics from the wider public perception that politics is organised for the benefit of the few rather than the many. Notwithstanding any security concerns, if we are to increase trust and confidence in the political system, we need to maximise openness and transparency. As a result, and despite ongoing security concerns, the Alliance party voluntarily publishes our returns to the Electoral Commission on our website and has done so over the past few years, and to no disadvantage. I call again on other parties to do likewise in order to help grow confidence in the commitment to public scrutiny, regardless of a legislative requirement to do so.

Secondly, concerns have been expressed that opponents of a particular party might boycott a business if its owner or company are seen to support a particular party political view. However, in theory the same could happen in any part of the UK. Again, it is a matter that donors should consider carefully before donating, rather than a reason to deny the public their right of scrutiny. In my view, and incidentally that of Sir Christopher Kelly, as expressed in his evidence to the Select Committee, neither risk should automatically be given primacy over the principles that guide public life: openness, transparency and accountability.

Thirdly, as parties are not publicly funded and therefore rely on donations to survive, one could argue that any action that could deter donors could restrict party political activity or even the range of choice available to the electorate. I challenge that on two grounds. In order to stand for election to a council, candidates need the signatures and addresses of residents in the council area on their nomination papers, and those are published. I am not aware of parties being unable to field candidates, even in the worst days of the troubles, owing to people being unwilling to have that information published, despite it being a more direct link to elected politics. People clearly weigh up those risk but still opt to be involved, whether as candidates, canvassers, supporters, nominees or otherwise, and there is evidence that since 1998 the public’s willingness to do so has increased.

Furthermore, most parties have said, including in evidence to the Select Committee, that they receive very few donations that reach the £7,500 threshold for donor names to be declared and instead are heavily reliant on small donations from members and supporters. Even if all of those large donations were to cease, according to their evidence that would not have a disproportionate effect on party finances or activity and would not jeopardise the continued functioning of our democracy.

It is worth noting, as a measure of just how opaque donor information is in Northern Ireland, that it is against the law for the Electoral Commission even to confirm or dispute a party’s claim that it receives few donations of that magnitude. Such anonymised data pose no risk to anyone and would provide considerable insight for the public into how parties are funded and how reliant they are on a small number of donors. I think that the move towards publishing anonymised data in the interim, between now and October 2014, would be good preparation for change.

--- Later in debate ---

[The Minister of State, Northern Ireland Office (Mike Penning)]

It is a privilege and an honour to wind up this debate, which so many people have taken part in. I think that I counted 16 hon. Members who participated, and that will now include me, with some 20 interventions, so there has been a lot of generosity.

At the outset, let me reiterate the points made about the G8 and say how proud I was as Minister of State to be at Aldergrove with the Lord Lieutenant for the arrival of the Heads of State and Prime Ministers and to be the greeter on the tarmac. It was an honour and a privilege to be able to welcome the eight biggest leaders of the world to Northern Ireland, and then to receive the sort of comments that I have been getting back, particularly in the past couple of days from the Japanese, who were here early, stayed in the centre of Belfast, and were simply thrilled. Many people had concerns before they came—I think that is understandable—but Northern Ireland has shown them the way forward.

I pay tribute to the work of the Northern Ireland police force and the other agencies, particularly the 3,800-plus police from Great Britain who volunteered to come over to be part of the G8 and make it such a safe event. We now look ahead to the world police and fire games and the marching season. Perhaps I am being slightly naive, but I am very positive and believe that even though we may have some difficulties throughout the summer, Northern Ireland wants to go forward, as we have been saying.

I was a little concerned when the drafting of the Bill took place. Putting the word “miscellaneous” in the title of a Bill means that we will have a very wide-ranging debate on lots of different things. We can have that wide-ranging debate in Committee, which will be on the Floor of the House for clauses 1 to 9. It is right and proper that the debate has the time that it needs not only here, but up on the Committee Corridor.

I will not go through every hon. Member who has spoken, which the shadow Minister did brilliantly. I thank him for his kind comments about the Secretary of State. Hopefully he will say nice things about me in the future, but I very much doubt it. We have had a wide-ranging debate, as is right. Many hon. Members do not agree with each other on certain issues to do with the Bill and with how Northern Ireland is progressing, but this is where such issues should be debated and thrashed out.

The right hon. Member for Lagan Valley (Mr Donaldson) said that this Bill might not be the right place to talk about victims. I tend to agree with him on that. We need to find a way in which that debate can take place, but this miscellaneous Bill might not be the right place. However, I will consider the amendments that are tabled.

The Government considered carefully what could be in the Bill as normalisation progresses. I agree with the many hon. Members who have said that we need to be careful. We do not want to lose what we have got by going too fast, but we do not want the situation to stagnate.

I am sorry if the hon. Member for South Down (Ms Ritchie) feels that there has been some kind of conspiracy. I will not go as far as the shadow Minister. I assure her that not just the Secretary of State but the Government have looked carefully at extending the term. Having said that, I have had no conversations with the Prime Minister about it and I do not think that the Secretary of State has either, and she has sat through nearly the whole debate. The decision was made by us in the Northern Ireland Office and by the Government. I believe that extending the term to 2016 is right and proper. I hope and expect that the other devolved Assemblies will take that forward. A consultation did take place, but one large party did not take part in it. However, it did give its views to me and the Secretary of State.

[Ms Ritchie]

rose—

[Mike Penning]

I will not give way, because I have to sit down in the next few minutes, but there will be plenty of time to debate that matter in Committee, on Report and on Third Reading.

The Government are adamant that we want to move towards openness about donations to political parties. I think that everybody agrees that it would be wrong to bring that in retrospectively. We will not expose people who have already given donations in good faith to that.

The hon. Member for Belfast East (Naomi Long) said that there is no longer such a risk. I hope that I am summarising her comments correctly. All I can say is that every day, I consider appeals against refusals for close protection weapons and home protection, where the system has ruled that somebody does not need those things.

[Naomi Long]

rose—

[Mike Penning]

No, I will not give way.

I have to consider such decisions every day because the situation is not normalised. If one person is put at risk, that is not right. We consider such cases individually and the security agencies and the police are there to help us with that.

It is wrong in a democracy to say that if a person is not willing to put themselves at risk, they should not be able to donate. In a democracy, we want people to participate. We want people to stand for office. We have heard about the bravery of people who have stood for office, whether in a council, at the Assembly or in Parliament, over many years. However, there are other ways to be brave in the democratic process. There are people and families who want to support politicians and participate in local democracy. It is important that people and companies want to put their hard-earned money into a political party. It helps the party and it helps to promote democracy within their society. We will look closely at that matter.

There is nothing personal in stopping dual mandates. I assure the hon. Member for South Antrim (Dr McCrea) of that. We are just following the trend of the political parties in Northern Ireland and putting into statute what was started many years ago.

There are matters that we can discuss at length in Committee and there will be amendments that we can consider. However, we must realise what the Bill is about. It is about process and the normalisation of Northern Ireland. It is about ensuring that Northern Ireland can get as close as possible to the democracy and institutions that the rest of the United Kingdom has, which is what we all want. I have not had time to go through every comment and detail. We will address some of them in correspondence before the Committee stage, so that hon. Members know the Government’s view. This has been the sort of good and wide-ranging debate that the House is renowned for, and is exactly the sort of debate that we should be having. I commend the Bill to the House.

Question put and agreed to.

Bill accordingly read a Second time.

northern ireland (miscellaneous provisions) bill (programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Northern Ireland (Miscellaneous Provisions) Bill:

Committal

(1) Clauses 1 to 9 shall be committed to a Committee of the whole House.

(2) The remainder of the Bill shall be committed to a Public Bill Committee.

Proceedings in Committee

(3) Proceedings in Committee of the whole House shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on the day on which those proceedings are commenced.

(4) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 18 July 2013.

(5) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

(6) When the provisions of the Bill considered, respectively, by the Committee of the whole House and by the Public Bill Committee have been reported to the House, the Bill shall be proceeded with as if it had been reported as a whole to the House from the Public Bill Committee.

Consideration and Third Reading

(7) Proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

(8) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

Programming Committee

(9) Standing Order No. 83B (Programming committees) shall not apply to proceedings in Committee of the whole House or proceedings on Consideration or Third Reading.

Other proceedings

(10) Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.—(Mike Penning.)

Question agreed to.