(10 years, 2 months ago)
Commons ChamberToday’s unemployment statistics show that the work of the Northern Ireland Executive in reducing youth unemployment is succeeding, but what specific measures are there in the Queen’s Speech to indicate a way of reducing youth unemployment at a national level for all regions across the United Kingdom?
(10 years, 5 months ago)
Commons ChamberI am again grateful to the Attorney-General for that clarification, although it is in some contradiction to the advice I received from Queen’s counsel yesterday. Perhaps this matter could be taken up further, but at this stage it is probably better to move on from the case.
Given that this is not just about the judicial process but about the political confidence that people can have in assurances that were given in this House, and whether there was an attempt not only by the last Administration but by the current one to help terrorists guilty of crimes escape the consequences, does the hon. Gentleman agree that—regardless of how slim the chances were of a successful appeal in judicial terms—politically the right thing to do would have been to appeal?
I agree with the hon. Gentleman, and that is why the conflicting advice we have received has to be explored further. If a stay cannot be appealed, it cannot be appealed, but if—as the Attorney-General suggests—the issue is that there is no prospect of overturning the judgment, my view as a non-lawyer is that we should consider an appeal. It is extraordinary that a letter, which appears to be ambiguously worded, can take on greater importance than a charge of multiple murder. I do not know whether it is unique, but it is extremely unusual.
I am pleased to be able to take part in the debate, and congratulate all who were responsible on arranging it. This issue is important and incredibly sensitive, and we should all approach it with care and consideration. The tenor of the debate has been very much in that spirit so far, and I warmly welcome it.
Let me associate myself particularly with the remarks addressed by my hon. Friend the Member for Amber Valley (Nigel Mills) to the families of those who were murdered in cold blood in Hyde park on that terrible day. That was one of a number of outrageous attacks on Britain’s armed forces, who did their level best for 38 years— under Operation Banner, the longest military operation in British history—to bring peace to Northern Ireland. I pay tribute to my right hon. and gallant Friend the Member for South Leicestershire (Mr Robathan) —who was here a moment ago—and to my hon. and gallant Friend the Member for Beckenham (Bob Stewart), who was also present earlier. During the troubles, 3,500 people were killed, and about 1,000 of them were members of Her Majesty’s armed forces.
I will touch only briefly on the current case, as I want to concentrate on its implications. Having reflected since this case hit the headlines, I think that there probably had to be a scheme of some sort to try to deal with the on-the-runs, and there was inevitably going to be a messy outcome. I have listened carefully to the remarks of the right hon. Member for Belfast North (Mr Dodds) and others, but I note that in a written answer on 1 July 2002 Mr Quentin Davies—then a Conservative Member, but now, of course, on the other side having taken the Labour Whip and thereby getting a passport to the other place—asked the Secretary of State for Northern Ireland
“if he will make a statement on his plans to inform persons suspected of involvement in terrorist activities that their cases will not be pursued.”
Dr John Reid, now Lord Reid, answered:
“We are still considering how best to implement the proposals which we and the Irish Government made in relation to this following the Weston Park talks.”—[Official Report, 1 July 2002; Vol. 388, c. 136W.]
He answered another question as follows:
“As a result of inquiries received and referred to the prosecuting authorities and the police, 32 individuals have been informed over the past two years that they are not wanted for arrest in relation to terrorist offences. —[Official Report, 1 July 2002; Vol. 388, c. 137W.]
That is by no means an open statement explaining a specific scheme, but clearly it did indicate that something was afoot. I do not think one can argue that Parliament was not informed; it was, through the medium of the written answer to a parliamentary question. We are busy people, however, and we face a torrent of e-mails and information from all sides, and I think it is unfortunate that it was not possible to make a more explicit statement to the House of Commons and Parliament more generally about what the Government were planning to do.
It is clearly the case that, as the hon. Member for Belfast East (Naomi Long) said, a lot of people have had to swallow hard and hold their noses about some of the decisions that were made, and she mentioned how hard she found it to accept the early release scheme, but she also made another point: that this scheme, which was not fully explained to Parliament but clearly was in evidence, arose out of discussions between the British Government and the Irish Government. She also made the point that there appears to have been no such arrangement in respect of anyone other than those suspected of republican terrorism. That raises fundamental questions that I am sure my right hon. Friend the Secretary of State for Northern Ireland will want to address. I am encouraged, however, by what she said at the Dispatch Box earlier in our debate, and she has put in her written ministerial statements that these letters were not intended to be an indemnity; they were not intended to be “get out of jail free” cards. I hope that message will be clearly got through to all those involved in this.
As I am sure the House recognises, as the Member of Parliament for the home of the British Army, Aldershot, which also formerly was for 50 years the home of the Parachute Regiment, I have a special interest in these matters, and it is on behalf of those of my constituents who were in Londonderry on that tragic day of 30 January 1972 that I seek to speak. At this point I would like to pay tribute to the former Secretary of State for Northern Ireland, the right hon. Member for St Helens South and Whiston (Mr Woodward), who is present today. I took a delegation of former soldiers to see him when he was Secretary of State and they and I could not have been more courteously and properly received by him. That is not to say he took their side, but it is to say that I thought he was extremely professional and extremely fair, and I thank him very much for that. I think this is the first opportunity I have had to say that publicly, although I did have the opportunity of saying it to him over a cup of coffee this morning.
We are considering today the implications of the John Downey case, however, as much as who knew what and when, and what the letters mean and so forth. For me the implications are that that raises again the issue of the treatment of the soldiers who were in Londonderry on 30 January 1972. I understand that that has been exacerbated by a decision taken by the Police Service of Northern Ireland to erect posters in Londonderry—I have not been there, but I am told this is the case—appealing for witnesses to come forward to provide evidence about that tragedy. We are talking about an event that took place 42 years ago, and it is astonishing for the PSNI to be appealing for witnesses now, not just 42 years later, but, indeed, four years after the Prime Minister made that memorable statement early in his premiership to the House in June 2010.
I have constituents who are now in their 70s and 80s who were there. They had to go through 12 years of the Saville inquiry, costing £200 million, and they had hoped that the Saville inquiry would draw a line under this, but now they find that not only is the matter not concluded, but the police deem it their business to put up these posters inviting people to give evidence. What on earth have they been doing over the past four years—leave aside the previous 38 years—to obtain that evidence?
The Prime Minister made it clear that the prosecuting authorities in Northern Ireland are entirely independent of any political process. Therefore, this is entirely a matter for the PSNI. It is astonishing that it feels the need to do this now, and I say that to make this point, too: it is the PSNI who are responsible for the whole disaster of the John Downey case in the first place. It was they who, in the vernacular, screwed up and failed to provide the Northern Ireland Office with information about what the Metropolitan police were looking for. My constituents are now invited to have confidence in an inquiry carried out by people who completely screwed up in the John Downey case.
When the hon. Gentleman makes these allegations, perhaps he should bear in mind who issued these letters, who initiated the process, and which Government continued the process. Indeed, his own Secretary of State has issued 43 of these letters since the current Government came to office. If there has been a screw-up, surely it was a screw-up on behalf of the politicians, who continued to operate what they knew was a secret and dirty deal.
I, too, welcome the fact that we are debating this important issue. Although the debate has been dominated by Northern Ireland Members, I believe that the issue should concern not just politicians from Northern Ireland, but every Member of the House. At the beginning of his speech—it was a very forensic speech, which should be welcomed—the hon. Member for Amber Valley (Nigel Mills) almost apologised for being involved in the debate, but I believe that he as much as anyone else should be concerned about the issues arising from the Downey case.
The whole matter has been brought to the fore by the hurt caused not to people in Northern Ireland, but to people in this very city who were blown apart by an IRA bomb, and, of course, to many others. The hon. Member for Aldershot (Sir Gerald Howarth) mentioned many constituents who had served in the Army, and also the IRA bombs that had hurt people in his constituency. This is an issue that affects Members throughout the House, because people in their constituencies, including people in this part of the United Kingdom, have been affected by the activities of those who received the amnesty letters—for that is what they are, however the Secretary of State wishes to describe them.
A second reason why all Members should be concerned is the fact that the House of Commons has been brought into disrepute. I believe that not just the last Government but the current Government have been sullied by the scheme whose outcome we saw in the recent court case. It calls into question whether the public can trust the words of those who want and ask for the responsibility of governing the country. Numerous assurances were given in the House: Members were told that the issue had to be addressed, and that when it was addressed, people would know about it. The hon. Member for Aldershot, who is no longer in the Chamber, was the only Member to suggest today that perhaps we should have known—that the information might have been there, but we had missed it. He said “We are busy people, we get e-mails and so forth”. He also quoted what had been said by the then Secretary of State, Dr Reid, in answer to a question. Dr Reid also said at that time that
“we have committed ourselves to resolving this issue but have not decided how it will be resolved”,
and added:
“When we have reached a conclusion, we will of course come back to the House.”—[Official Report, 20 March 2002; Vol. 382, c. 253.]
That did not happen.
One conclusion that was reached, of course, was to introduce the on-the-runs legislation. On at least two occasions after that was withdrawn, the then Secretary of State indicated, as has been pointed out by the hon. Member for North Down (Lady Hermon) and my right hon. Friend the Member for Belfast North (Mr Dodds), that he had no alternative proposal, despite the fact that the scheme was put in place not long afterwards.
I want to make something clear. I have listened carefully to what the right hon. Member for St Helens South and Whiston (Mr Woodward) said. He stated, “This was purely an administrative scheme.” I have also served in a Government Department in Northern Ireland, and the one thing I can assure the House of is that no official, off their own bat, would start an administrative scheme as sensitive as this one, with all its political ramifications, without clear political direction and political origin. It may have eventually taken on an administrative life, but it started off with a conscious decision by politicians. They were politicians who had promised that when they came to address the issue, the facts would be known to the House and—as Dr Reid said, because he realised how sensitive the issue was—to the victims. Promises were, therefore, broken.
One reason why this debate is important is that it is about confidence in this House and in the word of politicians. The Labour party was then in government, and I have listened closely to what the shadow Secretary of State has said. When he was interviewed about the matter, he talked about it having caused hurt but said—I am quoting him almost exactly—that he did not believe the Labour party had anything to apologise for. I believe it does have something to apologise for. It must apologise first to those families who now know they will never get justice because of the double jeopardy rule. It owes an apology as well to those members of the public who have been misled by promises made by successive Secretaries of State in this House, and it also owes an apology to Members of this House.
The current Government cannot escape their responsibility either. When the new Administration took over, seamlessly, there was no indication that they had inherited an administrative scheme which had trundled on. Indeed, the Secretary of State still insists that the letters are virtually meaningless. If they are virtually meaningless, why are they so important to the peace process? If they are virtually meaningless, why did Sinn Fein send scores of names to the Northern Ireland Office to get meaningless bits of paper, and why do those who received those meaningless bits of paper now feel quite happy not to be on the run any more, but to enter the United Kingdom? It just does not add up.
The Secretary of State argues that the letters are meaningless because of what may happen if new evidence comes to light. As the hon. Member for Foyle (Mark Durkan) has pointed out, we are not clear whether that is evidence on existing cases or evidence only on new cases, but this applies only if new evidence comes to light. Given the information that the hon. Member for North Down (Lady Hermon) has provided to the House today, we know that already there are not just connections or contacts between the Northern Ireland Office and those who would be investigating, but, as Norman Baxter said, there is extremely grave interference in the process.
We have to ask: what instructions are being given to the police? What instructions are being given to the Historical Enquiries Team? It could be, “That person has received a letter, so do not be following any new lines of inquiry, do not be opening any new cases and do not be looking any further at any allegations made about them.” I do not know whether the inquiry’s remit will cover finding out whether any of those who have received such letters have subsequently had any investigation into their cases by the HET. It would be interesting to know that, but I suspect that the answer is no. The Secretary of State may say, “If new evidence comes to light, these letters will not mean anything”, but of course if it can be ensured that no new evidence comes to light, the letters do amount to an amnesty.
If we want an indication that that might be the case, let us examine the case presented by my hon. Friend the Member for South Antrim (Dr McCrea)—that of Liam Averill. Why could Liam Averill not benefit from the scheme? It was because the evidence was already there—he had been serving a prison sentence. He had escaped from prison and a letter was no use to him, so he had to have the royal prerogative of mercy. If any indication were needed that the letters amount to an amnesty—to a certainty that someone will not go to jail—we need only look at the case of Liam Averill, the way in which the assurances have been given by the Secretary of State and the evidence given by the police of the interference by the Northern Ireland Office in these cases.
I apologise for interrupting the hon. Gentleman’s flow. He and I both served for many years on the Northern Ireland Affairs Committee, and I remember the evidence of Norman Baxter well. May I gently suggest to the hon. Gentleman that he may have slightly heard something in the evidence that the rest of us did not hear, for the words he quoted this afternoon were rather stronger, more specific and, dare I say it, more accusatory than the words I heard? May I simply ask that he look at the transcript of that evidence again?
The transcript states three words, “extremely unhealthy interest”, which I do not think anyone, unless they really wanted to, could interpret differently. Such an interest in these cases would indicate that there was interference by the NIO. An “extremely unhealthy interest” cannot mean anything else. If the interest was “unhealthy”, it surely means that the NIO was seeking to direct the inquiry in a way that a policeman felt was not right. If it was “extremely unhealthy,” it was overbearing—that is how I reach my conclusion and I do not think I am reading anything into it. I am coming to a conclusion that is borne out by the facts, one which people must come to if they are to believe that the letters mean anything.
The one thing I do know is that Sinn Fein would not have been happy with the letters if they did not mean something. I can recall around the time of the on-the-runs sitting in studios with Sinn Fein spokesmen who, without the least bit of irony, bleated on and lamented about all these poor people who were separated from their families and could not come home to see their grannies, mummies, sons and daughters because they were on the run. There was no sense of irony arising from the fact that they were on the run because they had permanently separated many people from their families by killing them. If anyone suggests that they would have been happy with a letter that did not remedy that situation, I would say that their argument is extremely weak.
This is an important issue because, by implicating the police, it has undermined the rule of law. I know that the hon. Member for Aldershot tried to put the blame totally on the police in Northern Ireland by saying that they screwed up, and that had they not screwed up this would not have happened, but I believe that it would have happened anyhow. As has been shown in the court judgment, the letter was as important as the information that was contained in it.
The police have been implicated, because they have had to produce the information. I do not know how much direction the police were given, but I would have expected them, knowing the implications of this, to have felt obliged to tell the Policing Board. Yet, anyone hearing the police when they gave evidence to the Policing Board—this was not some constable, sergeant or inspector who might not have been passed all the issues, but an assistant chief constable—could not have concluded anything other than that the police were pursuing these cases. With regard to the on-the-runs, he said.
“There is then an investigation which follows into the individual and the crimes that they may have been involved in, and then this is subsequently reported to the Public Prosecution Service (PPS) where test for prosecution is met. We have been working through this process over the last number of years and it continues still to be available. So in effect, as we become aware of a name in a particular incident, we carry out a cold case review and an investigation and report that to the PPS to see then if the test for prosecution is met or any other work that may be done. The powers of arrest will exist for the original offences and there can also be Bench Warrants applied to through the courts if needs be, or if it is in relation to offences in respect of breaking out of a prison, the Prison Act also applies in respect of returning people to prison.”
That was the substance of the evidence that the police gave. There was no indication that there were some individuals for whom letters were being signed so that they could walk free—so that they could come into the jurisdiction and be sure that there would be no prosecution against them.
The rule of law and the integrity of the police—shame on those in the senior ranks who allowed themselves to be associated with this—is at stake. Many individuals in Northern Ireland are saying, “Look, I break the law, I am rightly pursued. Every avenue is used against me.” Yet here we have people who, in some cases, are guilty of mass murder walking free. For all those reasons, I believe that this has been an important debate and that the inquiry is an important inquiry. I hope that we will get to the truth of the matter about who has got these letters, whether or not investigations are still going on, whether the Northern Ireland Office is interfering in any way and stopping investigations or new leads being followed and what the implications are for the judicial process.
Let me make one last point, and then I will finish. If the Government are as appalled by this situation as they suggest—the Secretary of State has said that the letters mean nothing and it will be made clear—why did they not, once they became aware of the scheme, make the situation quite clear to the Justice Minister at least? When policing and justice were being handed over in Northern Ireland, it was kept quiet from him. Why, when there are opportunities to appeal this decision, have they not appealed? I believe that the current Government are as much a part of the political cover-up and are giving as much political cover to Sinn Fein-IRA as the previous Government did. That is why the incident is a shameful one and it merits this debate today.
(10 years, 5 months ago)
Commons ChamberNot so much wiser, I think.
I vividly recall that we decided on the final number for the Assembly in the middle of the night on Maundy Thursday. There was an argument that the Assembly should be bigger than it turned out to be—some of the smaller parties thought it was essential that they should all be represented—but we came to what appeared to be something of a compromise with 108 Members. I absolutely agree with the right hon. Member for Belfast North (Mr Dodds). When the Government were dealing with the United Kingdom parliamentary boundary changes, they were challenged—I challenged them, as did the right hon. Gentleman and others—about the consequences of reducing the number of MPs in Northern Ireland for the Assembly, and therefore for the whole balance that had been agreed. That is now water under the bridge, so it is not an issue today, but it shows the mentality at the time.
In Wales, we have a population of 3 million compared with a population of 1.5 million in Northern Ireland, and an Assembly of 60 Members compared with an Assembly of 108 Members in Northern Ireland. That is obviously quite a difference. The Government recently appointed the Silk commission, which has recommended that the number of Members of the National Assembly for Wales should be increased because it has now achieved primary legislative powers and therefore has an insufficient number of Back Benchers to scrutinise legislation.
I very much take the point that there is no great merit in having a set figure if there is agreement to reduce it. My only mild criticism of the amendment is that it specifies a figure of five, and if, with agreement, the parties said that it should be four, the Bill would prevent them from implementing that. Nevertheless, a reduction from six to five is a start. Two important principles lay behind the number that was chosen: first, the need to make the Assembly in Northern Ireland as pluralist as possible so that as many points of view as possible are represented, which was a good approach; and, secondly and crucially, the need to ensure that changes are agreed with the political parties in Northern Ireland. I would be interested to hear what the Minister says about any consultations he or his predecessors had with Northern Ireland’s political parties to come up with the final figure and final recommendation that we are considering.
A few weeks ago, Northern Ireland was, in a sense, captured by a crisis about a so-called one-sided deal that may have occurred some years ago. I do not want to go into the details of that, but merely say that anything that is one-sided will eventually flounder. Everybody has to agree; otherwise, eventually, the deal will not last. This can be very difficult. For example, our agreeing on the release of prisoners in Northern Ireland—perhaps the most difficult part of the Good Friday agreement—was based on the agreement of the parties involved in the talks. Therefore, the key aspect of the amendment, which I wholly support, is the importance of getting general agreement.
Does the right hon. Gentleman agree that a deal brokered and supported by one party for republican terrorists who are on the run from justice in Northern Ireland cannot be described as a “so-called” one-sided deal? It is a one-sided deal, and its secrecy makes it a dirty deal as well.
Mr Deputy Speaker will stop me if we go into the details of what we discussed some weeks ago, but I will simply say that the principle of all parties agreeing a policy is critical to its success. The issue, as the hon. Gentleman has just said, is one that involved not just political parties, but paramilitary organisations as well. The principle, however, has to be agreed: there must be agreement between the parties all the time, even if it takes weeks, months or even years to achieve it. Otherwise, it will be so fragile that it simply will not continue to have any validity at all.
I agree with the Lords amendments. I will also be interested to hear what the Minister has to say about the consultation that was held on the details of the size of the Northern Ireland Assembly.
I appreciate the opportunity to do so, but I will not go too far, because Mr Deputy Speaker will be quick to reign me back in. In terms of what the AERC is looking at, we want a review of the question of an addition to the numbers of Members and Departments. We also want to move away from the Assembly’s designation system—which I believe copper-fastens sectarianism within our structures and manages division rather than addresses it—towards a weighted majority voting system. I believe that that would be much more fluid and that it would allow Government and, indeed, Assembly decisions to be taken much more quickly and easily than is currently the case with our mutual vetoes, which do not serve Northern Ireland well.
I would also like the Assembly to have opposition structures similar to those in this place, which has a properly financed and funded Opposition who can hold the Executive parties to account. It is a very difficult job. During my time in the Assembly I sat as part of the unofficial Opposition—we were not in the Executive—and although it was a very nice place to be and we could be critical of what was going on without having the responsibility of making the decisions, it was not properly funded or researched. Often it was done on a shoe string in comparison to the support received by the majority of Assembly Members, who were members of Government parties and had access to the relevant structures.
I think that anyone listening to this debate would be surprised to hear that, while there appears to be a willingness to see the changes mentioned by the hon. Lady, there has been absolutely no move towards making them. Indeed, a properly structured, effective Opposition could be easily obtained if those who talk about it were prepared to drop out of the Executive and take up opposition positions, but, of course, they do not.
(10 years, 7 months ago)
Commons Chamber5. What recent discussions she has had with the Chief Constable of Northern Ireland on public order in Northern Ireland.
Public order issues are primarily a matter for the Justice Minister and the Chief Constable, in line with the devolution settlement. However, I meet them both regularly to discuss a range of issues, which often include public order matters.
Does the Secretary of State share the concern felt by many people in Northern Ireland about the apparently partisan way in which the PSNI has dealt with public order offences? On the one hand, members of the loyalist community who have been involved in street protests have been arrested, had their homes raided, been refused bail, and gone to jail; on the other hand, a prominent Sinn Fein Member of the Legislative Assembly who obstructed the police and encouraged others to attack them was merely given a warning. Does the Secretary of State not agree that public order offences must be dealt with firmly but also evenly, because otherwise confidence in the police will be lost?
(10 years, 7 months ago)
Commons ChamberThe UK Government have always made it clear that we would never find it acceptable for someone to draw equivalence between those who sought to undermine and destroy the rule of law through terrorism and those who sought to uphold it as members of the security forces. However, a lot of progress has been made on the proposals about the past—far more than most people expected. To make that progress and build up such a degree of consensus in just four months is encouraging. Some elements of what is in the Haass proposals are difficult, so I understand concerns about them, but this is an important opportunity to grasp and there is scope for compromise. The UK Government are prepared to be part of that compromise and we encourage the parties to continue to work on these matters.
May I also join in the tributes to Paul Goggins? Unlike many Ministers who, when they leave Northern Ireland, forget all about the place, Paul was always interested and wanted to hear what was going on, which I think was an indication of the genuine interest he had in the job he performed in Northern Ireland.
Given the wide range of opinions and the deeply held views that were discussed in the Haass talks, does not the Secretary of State agree that no deal was better than a deal that would have exacerbated the divisions in Northern Ireland? While, as politicians and as a society, we have to continue to work at the issues, does she not agree that the best way of undermining those who want to wreck Northern Ireland is to change our education system, get young people into jobs and have a robust economy, rather than implement quick-fix solutions that simply involve more quangos and legislation?
If any deal is to work, it is important that it commands a broad consensus. If we are to reach an agreement, some difficult decisions may be needed to get the compromises that are necessary. I agree with the hon. Gentleman that as well as working on the Haass issues, important though they are, it is crucial that efforts continue to be made to improve education in Northern Ireland, to boost the economy and to deal with all the other challenges with which the Northern Ireland Executive continue to grapple.
(10 years, 9 months ago)
Commons ChamberWorklessness, as the hon. Gentleman will understand, is the responsibility of the Northern Ireland Executive, but we support them in their stand to increase employment and reduce the number of people on unemployment benefit. The best route out of poverty is through work. As he will know, we are turning the corner on the economy, which is increasing employment both in the United Kingdom as a whole and in Northern Ireland specifically.
Does the Minister of State agree that it is difficult to tackle unemployment when the major bank in Northern Ireland is implicated in a report that shows that the Royal Bank of Scotland was responsible for making viable businesses go to the wall in order to plunder their assets? Will he ensure that any investigation arising from the Tomlinson report includes the activities of Ulster bank and how it dealt with businesses in Northern Ireland?
The hon. Gentleman raises a very important issue, and I agree with him, of course. That is not the specific responsibility of the Northern Ireland Office; it is more for the Treasury and the Department for Business, Innovation and Skills. However, I absolutely support what he says. Everyone in the Chamber should deprecate the actions of any bank that has been pushing small businesses out of business.
(10 years, 9 months ago)
Commons ChamberEven with a commitment to opening up all the files, would not most of them show only what the security forces did, because there are not the files on what the terrorists did? Indeed, many of them, including the current Sinn Fein president, deny ever having been involved in terrorism.
I accept that many of the atrocities carried out by members of the IRA are not in the files, but there are files on McGuinness and Adams, and it is about time they were brought out, if we are to have this openness we talk about.
The apologies, too, are selective. We have had apologies in the House, but they have been selective. Where was the Government’s apology to the people of Teebane? People might say, “Well, the Government didn’t let it happen”, but yes they did. Successive Governments of this United Kingdom allowed the Provisional IRA to carry out its atrocities. They could have stopped it on many occasions, but what did they do? They wined and dined its members and took them into the places of power, instead of bringing them to justice. If we are to have apologies, therefore, I do not want selective apologies; I want apologies to the families of La Mon, Teebane, Castlederg. I represented that constituency when those people were killed, and I would take Members to visit a little graveyard outside the town of Castlederg— 30 mph speed limit—because proportionally more members of the security forces lie there than in any other part of this United Kingdom. But who really cares? They were just members of the RUC and UDR along the border. They were just ordinary families.
At Madam Deputy Speaker’s urging, I was bringing my remarks to a conclusion, but I will address the specific point that the hon. Lady mentions. We will deal with the issue in our response to Ambassador Haass, which the hon. Lady asked me to put in the public domain; we shall do so in the next few days. My view is that, on the whole and in many cases, the work of the Historical Enquiries Team has been effective and has delivered some level of justice to victims. I think we should applaud that and draw attention to it at every opportunity. However, some serious and legitimate concerns have been raised about elements of the HET’s work, which must be seriously considered. There are also questions about the criteria applied to the investigations, the independence of the HET, its capacity to do its job, and the HET’s ability to carry out its functions given the limited resources available to the PSNI.
Haass therefore provides an important opportunity not only to review and recognise the successes of the HET, but to reflect in the context of any new framework that is developed on some of the weaknesses and to try to put them right. We need a balanced and a measured approach to the HET. In speaking to victims, it has brought truth to a number of them—there is no question about that—but we know that independent evaluation has raised some serious and legitimate concerns. In the role that Ambassador Haass is fulfilling in the all-party talks, it is very important to get the balance right. Options would include a reformed HET or a replacement body to build on the successes of the HET, but there must be some structure to deliver truth and justice for the victims of violence in Northern Ireland. We need a balanced and sensible view of the HET’s successes, reform of the HET and of any future replacement body.
Despite the hurt they have experienced, many people in Northern Ireland wish to put that hurt behind them. Often without invitation from the people concerned, the HET reopened the sores and the wounds. Indeed, rather than help the situation, it has made it worse for those people. We need to give careful consideration to simply saying that we need another body to replicate what the HET did, without any reference to the wishes of the victims.
The hon. Gentleman is absolutely right. The first and overriding principle in any discussion about truth and justice has to be putting the victims centre stage. We know that victims have very different needs and very different wants. Some victims make it clear that they simply want truth. Others want justice, and others simply want to get on with their lives. Any process must therefore appropriately reflect the fact that we must start from the perspective of the needs and wants of victims. It is incredibly difficult to get that right, because there are such competing and different views of what people want, but the overriding principle has to be the needs of victims—not lumped together in a collective way, because the needs of every individual victim, treated sensitively wherever possible, must take centre stage.
Having spoken to victims, I still believe that there remain so many outstanding cases for which we have neither truth nor justice, but if we were to close down the process at this stage, we would not be doing right by the families and relatives of the victims of violence in Northern Ireland. The question is how to reconcile all those competing pressures and extremely difficult challenges and come up with a system that enjoys maximum support in all communities in Northern Ireland. I certainly think there is a strong case for the importance of truth recovery, which has been mentioned in the past, and there is still a lot of work to be done around it. That, however, cannot be an alternative to justice for many people. It is vital to get the balance right.
I actually think an amendment may well have been tabled because, although I was not a Member of this House, I remember drafting an amendment —but I am not sure whether it was subsequently tabled.
I should stress that when we pointed out that this was not provided for in the agreement, the NIO response was to provide for it by way of a stipulation that the Assembly Standing Orders would provide for that procedure. That turned out not to be robust enough. The right hon. Gentleman might say, “Well, did we not address that in Assembly Standing Orders?” He will find that the record of the Assembly shows, in the very first Standing Orders report, that I did address the fact that it was not there. The then Presiding Officer, Lord Alderdice, acknowledged my attention to detail, in so far as he could without being drawn into the debate; that obviously went very much back to his own participation in the negotiations.
Does the hon. Gentleman not agree that a more cynical interpretation of why those concerned neglected to deal with this at that stage is that the UUP and the SDLP were then the largest parties, and they were hoping that they might be able to use the veto? Perhaps the reason for the concern now about the petition of concern is that the SDLP is not in a position to use it—as was originally intended, which is the reason why the legislation did not reflect what he is now saying that he wants.
The hon. Gentleman might have some basis for saying that if there was any truth in it, which, of course, there is not, not least because we deliberately set the petition of concern threshold at 30 because at that time we thought there was no chance of a party reaching the 30s. That was one of the reasons why the 30 threshold was there; there were concerns about how freely this could be used and that it might block things up.
The need for the petition of concern to be significant was emphasised not just by the threshold but by the special committee procedure to show whether there was a prima facie case on either equality or human rights grounds. The petition of concern was not to be used just for the convenience of a party that wanted to stop something. The fact is, however, that petitions of concern have been used to veto Bills that addressed the question of dual mandates between local government and the Assembly, which is a completely undue use. A petition of concern was also used to veto any question of a binding or significant vote in relation to censure of a Minister; it was never meant to be used in that sort of way.
The fact of a petition of concern being used, or being threatened to be used, by different parties prevents issues from being tabled. The whole point of the petition of concern was not to stop things being tabled, but to ensure that when they were tabled they were duly frisked and tested in respect of sensitive considerations such as human rights and equality. New clause 2 simply tries to get the Assembly out of the rut it is currently in, where vetoes are used far too often in a way that not only negates outcomes but prevents debate.
Amendment 4 seeks to ensure consistency with what was intended and envisaged in the Good Friday agreement and in the provisions that became section 75 of the Northern Ireland Act, which provides for equality duties and duties of public bodies in respect of good relations. On a number of occasions in recent years there has been a move to say that the good relations duty could sometimes trump the equality duty, so that a public body might not come through with a measure on equality grounds based on objective need because somebody else might feel it would upset good relations. We have seen that arise in relation to the Irish language, and there have been suggestions of its arising in relation to the provision and siting of social housing as well. The amendment seeks to clarify the balance and relationship between the good relations duty and the equality duty.
Thank you for calling me to speak in this short debate on new clause 2, Madam Deputy Speaker. I should also like to speak to amendment 3, which stands in my name and those of my right hon. and hon. Friends.
In new clause 2, the hon. Member for Foyle (Mark Durkan) is proposing to introduce new provisions relating to petitions of concern. I understand that the Assembly and Executive Review Committee is dealing with this matter, among others, and I believe that that is the right and proper place for the issue to be decided on. It is for the parties in the Northern Ireland Assembly to agree or disagree to such matters relating to petitions of concern. I understand that 40% of the petitions of concern tabled in the Northern Ireland Assembly have been tabled by the nationalist parties, so this is not a question of one party tabling petitions in a way that abuses the process. This has happened right across the board.
New clause 2 could create the potential for gridlock in the Assembly. Let us remember that a petition of concern is lodged after a matter has been debated in the Assembly and is about to be voted on. Let us imagine how it would play out in this Chamber if such a process had to be undergone after a debate and before a vote could be taken. Under the new clause, a committee would have to be set up. As soon as we hear the word “committee”, we know that we are not going to be in for a quick decision-making process—certainly not in the Northern Ireland Assembly. The new clause goes on to propose that a committee appointed for this purpose
“shall have the powers to call people and papers to assist in its consideration”.
Not only that, but it “shall take evidence”—that would not be discretionary— from
“the Equality Commission and the Human Rights Commission.”
This would no doubt have to happen when diaries had been sorted out and all the necessary people had been brought in to be cross-examined and to give their evidence. Then, after the committee had listened to all the evidence, sifted it and debated it, voted on it and produced a report—in addition to all the other committee and legislative work that those Assembly Members do—the Assembly would have to
“consider the report of any committee appointed under this section and determine the matter in accordance with the requirements for cross-community support.”
Only then could the Assembly have its vote.
I respectfully suggest that that is not a recipe for quick governance or quick decision making. The Northern Ireland Assembly is already criticised in relation to processing matters quickly and efficiently, and I submit that the new clause would add greatly to the problems.
Does my right hon. Friend agree that, as a petition of concern is likely to have been issued because there is concern and a lack of cross-community support, the requirement in subsection (6) could never be met? If the reason for lodging the petition of concern in the first place was a lack of cross-community support, how could a report from a committee ever get through the Assembly to allow a vote to take place?
My hon. Friend is absolutely right. Those of us who have served in the Northern Ireland Assembly know that that is exactly what would happen. The new clause is misconceived. It would simply bung up the works of the Assembly and make no advances in getting things done.
In an intervention, I asked the hon. Member for Foyle why the provisions in his new clause had not been in the original Northern Ireland Act. First, he blamed the draftsmen. I then asked whether no one in the then Government or Opposition or in any of the Northern Ireland parties was in any way culpable for not having spotted this massive gap in the legislation. I asked whether an amendment had been tabled to rectify the omission. I have no doubt that, if it had been part of the Belfast agreement, the then Government would happily have acceded to the change.
The only opposition that was coming in from any quarter came from those of us in the DUP and allied Unionists who pointed out that we could not found an agreement without support for the police, the courts and the rule of law in Northern Ireland. I am glad that we finally managed to achieve that objective at the St Andrew’s agreement and elsewhere. That is why we now have stable devolution. I do not want to go into that debate now, however. The point is that the hon. Gentleman said that he thought he might have drafted an amendment, but he did not know whether it had even been tabled.
I want to try to explain why this matter might have been left out of the original legislation. I have looked at paragraphs 11, 12 and 13 of the Belfast agreement, and I submit that the hon. Gentleman’s interpretation of them is open to question. The provisions relating to petitions of concern were set out in paragraph 5(d) of strand 1 of the agreement. That agreement was drafted by his party as well as the other parties that agreed with its terms. That provision contains no qualifications whatever: there is no reference to equality or to the circumstances in which petitions of concern may be lodged.
The section of the agreement that deals with “Operation of the Assembly” covers Chairs and Deputy Chairs of the Assembly, and the role of the Committees and Standing Committees. Then we get to paragraph 11, which states:
“The Assembly may appoint a special Committee to examine and report on whether a measure or proposal for legislation is in conformity with equality requirements, including the ECHR/Bill of Rights. The Committee shall have the power to call people and papers to assist in its consideration of the matter.”
Paragraph 12 states:
“The above special procedure shall be followed when requested by the Executive Committee, or by the relevant Departmental Committee, voting on a cross-community basis.”
When the matter was debated and voted on in the Committee of the whole House, we voted for the proposal. The Government have had consultations, and the measure has been brought forward because it has widespread support in Northern Ireland, and so fulfils one of the criteria for changes to which the Minister has alluded previously. It is because there is cross-party consensus that the amendment has been put forward, and we welcome that move. We have absolutely no difficulty with moving towards greater transparency from 1 January —mindful, of course, that as the Minister says, there is no change to the fundamental point that the decision will be made only when the security situation allows. If it is made, however, it can be retrospective and apply back to 1 January.
We remain concerned that the amendment, and the Bill, will not close the massive loophole that allows parties from outside the United Kingdom to be bankrolled to a fairly considerable degree by donations made outside—indeed, very far from—the jurisdiction. In that context, I refer to a report of 11 November in the Belfast Telegraph that revealed that Sinn Fein was being bankrolled by donations from American companies
“that have been embroiled in racism”,
discrimination and
“embezzlement…scandals.”
Sinn Fein took in £245,000 in the period up to May this year, and almost £31,000 of that
“was used to pay printing expenses in Northern Ireland and to purchase a vehicle.”
A political party that operates and seeks votes in part of the United Kingdom, and is elected to this House and to the Assembly, is allowed, through the special provisions of electoral donation law, to raise such funds and channel them to Northern Ireland, and basically to skew the electoral process through massive donations from abroad.
Unfortunately, the Government have not, so far, seen fit to close that loophole, which should not be available to any party. When the decision was made to bring in regulations and legislation on the funding of, and donations and loans to, political parties, it was rightly decided that, in principle and fact, parties should be able to receive donations only from registered electors in the United Kingdom. That is a solid, sound principle, but an exception has been made in relation to Northern Ireland. Nationalist parties—primarily Sinn Fein—can raise all this money outside the jurisdiction. That money is used to influence the political and electoral process. It is a scandal, and it is wrong, morally, politically and constitutionally. Something needs to be done about it; a party has openly admitted, through records filed in the United States, that it is using foreign money. One can imagine the howls of outrage that there would be from other parties if a Unionist party, or the Conservative, Labour or Social Democratic and Labour parties, used foreign money that had been donated secretly to fund their electoral campaigns, with no accountability.
Sleazy money. One can imagine the howls of outrage that there would be from sanctimonious people in Sinn Fein about that, yet we are talking about a party that is receiving individual sums of up to $20,000. Documents filed with the US Department of Justice indicate that a New York-based company called MarJam Supply Company contributed $5,000. A Government employment equality agency in the United States found that staff at that company were subjected to racial abuse. Another company that gives money to Sinn Fein hit the headlines after its former boss was sentenced to three years in jail for embezzling pension money. The former chairman of another company that donated $1,000 to Sinn Fein pleaded guilty to conspiracy and bribery charges. How do we know all that? It is because the US authorities require that information to be registered in the United States—it is no thanks to legislation passed in this House.
I say to the Government that this is intolerable. It is a scandalous abuse of the electoral system in Northern Ireland. No wonder the IRA and Sinn Fein do not have to rob banks any more, when they can get that sort of money flowing into their coffers from abroad, with no accountability whatever. I urge the Government to listen, to take this argument on board, and to create a level playing field for all the other parties.
This is not an appeal made on behalf of the Democratic Unionist party. We will fight our campaigns and get our votes; I am confident that we will do well. The hon. Member for Foyle (Mark Durkan) said in an earlier debate that he never foresaw any party in Northern Ireland getting more than 30 seats and being able to trigger a petition of concern. He did not envisage it; I am sure that if he had envisaged it, the trigger figure would have been higher. We have 38 Members. Things can happen in Northern Ireland, and we will fight our battle. When it comes to donations and loans, all that I am calling for is a level playing field for everybody. The Government need to act on that. Frankly, it would be a disgrace if, in this Parliament, a Government led by a Conservative Prime Minister—and a Government comprised of right hon. and hon. Gentleman who have sought to reform the parliamentary system to create greater fairness and transparency—continued to allow this outrageous situation to continue.
(10 years, 10 months ago)
Commons ChamberI thank my hon. Friend; he is absolutely correct and I need not add anything to what he said.
The reality is that republican terrorists were responsible for 60% of the totality of deaths during the troubles in Northern Ireland. Loyalist paramilitaries were responsible for 30%, and forces associated with the state—whether in the Republic of Ireland or the United Kingdom—were responsible for 10% of those deaths. As my hon. Friend stated clearly, the vast majority of those killings were within the law and carried out in the course of duty by soldiers and police officers protecting the community.
However, when we look at the current process for dealing with the past, whether the Historical Enquiries Team, the Office of the Police Ombudsman for Northern Ireland, or an inquest or inquiries funded by the state, the vast majority of resources to examine the past in Northern Ireland are devoted to the 10% of killings, with a scant amount devoted to the 90% of killings carried out by paramilitary organisations on both sides. That cannot continue as it only adds to the sense of disillusionment felt by many people about the current process in Northern Ireland. It is one-sided, biased, and is assisting Irish republicans to rewrite what is called the narrative of the troubles. That has to stop. We must find a process to ensure that attention goes to the more than 3,000 unsolved murders in Northern Ireland, the vast majority of which were committed by illegal paramilitary organisations on both sides. The victims of those atrocities deserve better than they are getting at the moment.
Does my right hon. Friend agree that that is reinforced by successive Governments who have permitted, endorsed and financed inquiry after inquiry into the role of the security forces during the troubles in Northern Ireland, while at the same time there is no such inquiry into the role of republican paramilitaries?
My hon. Friend is absolutely right. We hear republicans talk about a truth process and the need for truth, yet when the challenge has been brought to their door, I think, for example, of the Saville inquiry into the events in Londonderry in 1972. When Martin McGuinness, now Deputy First Minister of Northern Ireland, gave evidence to that inquiry, he refused to tell the truth, the whole truth and nothing but the truth, citing some IRA code that he had signed up to when he joined the Provisional IRA.
Sinn Fein agreed to co-operate with the Smithwick inquiry, which is investigating circumstances surrounding the murders of the two most senior officers of the Royal Ulster Constabulary—Harry Breen and Bob Buchanan—killed by the IRA in south Armagh. Sinn Fein agreed to assist the inquiry with its investigation, and designated two IRA members from south Armagh to meet lawyers representing the Smithwick inquiry. It was a farce. The two IRA members arrived at the meeting; lawyers were present, there was a discussion, and questions were asked. Each time a question was asked that might in some remote way have caused the IRA members to implicate any member of the IRA in any way whatsoever, they left the room, made a phone call, came back in and said, “We cannot answer that question.”
That was a private meeting with lawyers. It was not on the public record or in the public domain, yet even in those circumstances the IRA could not tell the truth about what happened and the circumstances surrounding the murder of the two most senior RUC officers to be killed in the troubles. What hope do we have of getting the truth from Irish republicans when their leadership, when called on to tell the truth, cannot do it, and when those members who have been designated by the leadership to tell the truth also refuse to do so? The problem for me is that when the state is called on to tell the truth, records are brought out, filing cabinets opened, and it is all laid bare.
With respect, I have been in this job for only about 13 or 14 days, but the majority of politicians I have met in Northern Ireland feel that there is inadequate engagement from the Government on a range of issues. It is not just about turning up at the high-profile events. Of course, the fact that the Prime Minister attended the recent investment conference was incredibly important, but this is about rolling one’s sleeves up and working, on an ongoing basis, on a range of issues, so that people feel that one has a passion for and a commitment to the challenges facing Northern Ireland.
Whatever the Secretary of State might say about the former shadow Secretary of State, the view of parties in Northern Ireland is that he was assiduous in his work. He visited almost all the constituencies and spent all day with Members going round them, so the Secretary of State was unfair in her allegation that he did not perform his role with enthusiasm, zeal, passion and a concern for people in Northern Ireland.
(11 years, 1 month ago)
Commons ChamberThis part of the debate has been enhanced by the presence and knowledge of the former Secretary of State, the right hon. Member for Torfaen (Paul Murphy). He has saved me from going through half my speech to explain how we came to 108.
Clause 6 is a huge nudge to the Executive and the Assembly. As the hon. Member for Foyle (Mark Durkan) said, there is general agreement that trying to— [Interruption.] I am sorry if I promoted the hon. Gentleman in a way that perhaps he would not want to be promoted. I do apologise. There might be general agreement, but there is not consensus. Until we have consensus, this cannot be addressed, which is why, sadly, I will oppose both amendments. I am sure that the amendments were tabled with the right feel for what is going on, but we have to get the decisions made. The Secretary of State will have powers under the new reserved matters, but this is another stage forward, another movement on. If we want continued normalisation under the devolved Administration, it is important that the Government do everything we can, with the help of Her Majesty’s Opposition, to get consensus, rather than just general agreement.
Does the Minister accept, however, that some of the smaller parties, if the veto rests with them, will always be tempted to veto any change, including this necessary change to the structures and numbers of people elected to the Northern Ireland Assembly? All that could be vetoed by small parties with a party political interest in ensuring that there is no change, and of course that prevents Government from becoming more efficient in Northern Ireland.
(11 years, 5 months ago)
Commons ChamberThe Government are fully committed to their welfare reform programme. We believe that welfare reform is essential to ensure that work always pays. We believe that it is deeply irresponsible for Her Majesty’s Opposition to continue to oppose all the reforms of welfare, which are designed to get the welfare bill down. That spiralled under their tenure of the economy.
Like many other peripheral regions of the United Kingdom, Northern Ireland has suffered most during this recession. We understand that reckless expenditure will damage the economy, but would the Secretary of State support the calls by all the regional administrations in the United Kingdom for a fiscal stimulus for capital expenditure, which will create short-term jobs and increase the economy’s capacity in the long run?
As Finance Minister for the Northern Ireland Executive, the hon. Gentleman has options available to him within the block grant, which he receives under the Barnett arrangements; his grant remains considerably higher than the UK average. We are happy to continue to work with him and his colleagues in the Executive to generate inward investment for Northern Ireland and to ensure that our macro-economic policy, for example, on reducing corporation tax, is delivering the maximum benefits possible to rebalance the Northern Ireland economy.