Northern Ireland (Miscellaneous Provisions) Bill

John Bercow Excerpts

Monday 18th November 2013 Commons Chamber

[Mark Durkan (Foyle) (SDLP)]

I beg to move, That the clause be read a Second time.

[Mr Speaker]

With this it will be convenient to discuss

New clause 3—Annual report an activity relating to Northern Ireland’s past—

‘(1) The Secretary of State shall lay a report before Parliament in respect of each year as soon as possible after the end of the year to which it relates.

(2) The Secretary of State may appoint a person or persons to produce the report required under subsection (1).

(3) A report laid under subsection (1) shall contain in relation to the year to which it applies—

(a) a summary of the work of any body established to investigate, review or report on matters in Northern Ireland’s burdened past in terms and with standards which comply with Article 2 of the European Convention on Human Rights;

(b) a summary of the work of the Historical Enquiries Team of the Northern Ireland Police;

(c) a summary of the work of the Police Ombudsman for Northern Ireland insofar as it relates to Northern Ireland’s past;

(d) a summary of the work of the Independent Commission for the Location of Victim’s remains;

(e) a summary of the work of other public bodies which, in the opinion of the Secretary of State, relates to Northern Ireland’s past;

(f) a summary of findings of any inquiry, review or panel which has reported on particular events in Northern Ireland’s past;

(g) a summary of responses made by Her Majesty’s Government or any other Government or body to any of the work covered by the report; and

(h) a clear indication where the findings of any work summarised in the report contradict remarks recorded in the Official Report of the House of Commons or House of Lords, especially by a Minister of the Crown.

(4) After a report under subsection (1) has been laid before Parliament the Secretary of State shall provide a statement to Parliament which shall contain references to—

(a) independent legal assessment of the compliance of the work covered by the report with Article 2 of the European Convention of Human Rights;

(b) the progress made during the year in dealing with Northern Ireland’s past;

(c) any apologies that have been given by any Government or public body in relation to the work summarised in the report;

(d) any apologies that have been given by any Government or public body in the context of any other reports, revelations or admissions which relate to Northern Ireland’s past; and

(e) any other relevant issues or concerns as they relate to Northern Ireland’s past.

(5) Any existing provision prohibiting publication of the material to be summarised under subsection (2)(a) shall, subject to subsection (6) below, not apply for the purposes of this section.

(6) No personal information shall be included in the report as laid before Parliament without the permission of the person concerned or, if they are dead, of their relatives.’.

This Clause would allow for a new Article 2 compliant mechanism to investigate past events. This could replace the Historical Enquiries Team and Police Ombudsman’s respective roles on the past. It provides an annual report on all work on the past accompanied by a ministerial statement addressing certain matters.

[Mark Durkan]

New clauses 1 and 3 are tabled by me and my hon. Friends the Members for Belfast South (Dr McDonnell) and for South Down (Ms Ritchie).

I should explain to the House that new clause 1 expands on an amendment I tabled in Committee— in the Public Bill Committee upstairs, rather than in Committee of the whole House. The point of the new clause is to afford the House an opportunity to consider whether some of the work undertaken on the past in Northern Ireland could be consolidated and could have its value advertised and added to by creating the capacity for the Secretary of State to commission a report or reports by a person or persons on various groups or classes of cases, on events in a particular locality or period, or on the activities of a particularly paramilitary group within a particular period of time.

We are suggesting that a class report, based on other reports and findings that have already been produced—whether by the Historical Enquiries Team, established inquiries or independent panels, or even by reviews that might be established in the future—would be necessary because at the minute we have a fairly inadequate arrangement whereby if the HET reports on a case the report is given to the family concerned and treated as though it is the property of the family. It is published only if the family chooses to publish it and only in the manner the family chooses.

When there have been issues with some of the HET’s work, not least when it has investigated what have been called “Army deaths”, that situation has meant that although the HET has done some good work over a number of years, which has been valuable to the families, many families have not felt that they could discharge the burden of publishing the work. Of course, other families have been able to publish that work or to turn to the assistance of others to have it published. In recent times, a powerful compilation examining different HET reports has been produced by the Pat Finucane Centre, resulting in a book called “Lethal Allies.” It draws on the HET reports on a number of cases, on Ministry of Defence files and on other papers in the national archive to set out more of the circumstances behind a certain group of murders—the up to 120 murders conducted by the Glenanne gang. That powerful book has been able to draw on HET reports simply because those families gave the reports to the Pat Finucane Centre and entrusted it with that work. That points towards a wider gap in the provisions on the past, not least those that the Secretary of State would preside over in the public interest and in the name of the wider political process.

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[Mr Speaker]

With this it will be convenient to discuss Government amendment 2.

[Mr Robathan]

These are relatively minor changes, and I hope that Members on both sides of the House will be able to support them. There has been support on both sides of the House for the provisions in clause 1, which will protect permanently the identities of those who have made donations to Northern Ireland political parties in the past.

In the past, donors gave money in the understanding that their identities would not be revealed, and it would be unfair to change that position without their consent retrospectively. However, there has been some debate about the date on which the guarantee of anonymity should end. The hon. Member for Belfast East (Naomi Long), who is in her place, proposed amendments that would reduce the length of time for which donors would continue to benefit from these provisions. It is important that all donors are fully aware that the rules have changed at the point at which they make a donation.

The Bill as drafted refers to 1 October next year because the Government believed that that would ensure the clearest framework for political parties. It is a date that is already familiar to parties and their financial supporters as the date on which the prescribed period will end if the Bill does not come into force. All donors are already on notice that permanent anonymity will come to an end at that point. However, it has never been the Government’s policy to stand in the way of changes that might help to increase transparency, provided that the change to an earlier date can be implemented.

In view of the support for the change from all Northern Ireland parties represented in the House, whose donors are those affected, and from the Electoral Commission, which regulates party finance, the Government are willing to support a change to an earlier date.