Northern Ireland (Miscellaneous Provisions) Bill
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The Parliamentary Under-Secretary of State, Wales Office (Baroness Randerson) (LD)
My Lords, there can be little doubt that the political settlement in Northern Ireland has delivered huge benefits, both for the people of Northern Ireland and for the wider United Kingdom. Many noble Lords present today are far better placed than I am to describe the changes we have seen since the dark days of the Troubles.
So much is now happening that would not have been considered possible even 10 years ago. Whether we look at big events like the G8 summit, the World Police and Fire Games, or the first Fleadh to be held in Northern Ireland, or important milestones in the process, such as the end of the first full Assembly term in 2011, or indicators of wider attitudes towards institutions, such as the almost 2,300 Catholics who applied to join PSNI this year, it is clear that enormous progress has been made. However, alongside those markers of progress, we have also seen violence and political tensions linked to issues such as flags. It is today exactly one year since violence broke out over flags issues.
We are all aware that there is still a long way to go before Northern Ireland has the prosperous economy and stronger society which I know all of us in this House would like to see. Sectarian division carries great risks to the economy, to security, and to the general well-being of Northern Ireland’s people. Without economic success, peace is less well rooted. There is much to do in Northern Ireland to bring us on from the legacy of decades of troubles, but it seems to the Government that the two challenges of community division and rebalancing the economy are ones that are critical for the future.
Of course, other questions are being considered in Northern Ireland at present. The all-party group chaired by Dr Richard Haass is considering parades, flags and emblems and the past. Those are some of the most deeply rooted problems that Northern Ireland faces, so that is important work. It is very welcome that that group is undertaking it, first, because the devolved institutions have taken up the challenge of dealing with these issues—not, as would have happened in the past, leaving the lead to the Government. It is welcome also because the Northern Ireland authorities secured to chair the talks someone of the eminence of Dr Haass, who has earned universal respect in Northern Ireland for his grasp of the issues and his energetic dedication to the task. I am aware that some noble Lords in the House will take a close interest in those issues, and we will have to consider when we see the report how we can best give opportunity for those views to be expressed, bearing in mind that the process and the report are owned in Belfast rather than here.
Few would argue that the institutions established under the agreements are beyond improvement, but let us remember that they have given us the relatively stable politics that no other approach in the past 40 years has been able to do. There may come a time when significant change is considered. However, the Government have been very clear that major changes to the institutions established by the agreements can go ahead only if they have broad support across the community in Northern Ireland. It is also essential that any such change is consistent with the principles of power-sharing and inclusivity that are at the heart of the Belfast agreement. At present it is clear that there is no consensus around fundamental changes, and the Bill does not seek to make any. The imperative in Northern Ireland at present is, as I have suggested, to tackle the issues around sectarianism and around strengthening the economy.
I therefore readily acknowledge that the Bill does not make radical changes, but it does make important ones. It is a Bill for more normal times. It reflects progress in Northern Ireland, making changes which remove some of the special measures which have been implemented because of Northern Ireland’s unique situation, and which bring the system in Northern Ireland closer to Great Britain. However, it also acknowledges that there are areas where institutions in Northern Ireland might benefit from further reform. I know that some noble Lords look forward to a day when there might be scope for more substantial changes to the institutions. I hope that debates during the passage of the Bill in this House will give us the opportunity to reflect on these possibilities, always bearing in mind the need to proceed by agreement.
I turn to the contents of the Bill, which amends the regime governing political donations and loans to make more information available to voters in Northern Ireland about the funding of political parties. This matter has been debated on several occasions in this Chamber and I know that noble Lords take the issue very seriously. I hope we can all agree that it is right to protect the names of those who made donations in the past. These individuals made donations in the belief that they would remain confidential, and it would be wrong to change this retrospectively. I hope we can also agree that future political donations in Northern Ireland should be published as soon as the security situation allows. What we may not agree on is whether that time has already arrived.
The provisions in the Bill take a cautious approach. They set a date after which permanent anonymity will not be guaranteed, and they give the Government the power to increase transparency incrementally. For the moment, we believe the security situation does not justify publication of donor names, but it is important to ensure we have the flexibility to move towards the goal of bringing Northern Ireland’s transparency rules into line with the rest of the UK. If the Bill proceeds successfully to the statute book, we intend to move as swiftly as possible thereafter to draft secondary legislation on transparency. We would, of course, consult on these provisions, but we can confirm that our intention is that information about donations and loans made to political parties since 2007 which does not identify the donor would be made public—for example, the type of donor, its value, the date on which it was received and whether it was from an Irish source. We will look to use the power to increase transparency in the Bill to bring Northern Ireland closer to the system which operates in Great Britain as soon as possible, taking into account the security situation.
The Bill will also bring about the end of dual mandates between the Northern Ireland Assembly and the House of Commons, or the Dáil, by the time of the next Assembly elections in 2016. The practice has long been a matter of concern. Indeed, the Committee on the Preparation for Government, formed prior to the talks at St Andrews in 2006, debated the issue of dual mandates and agreed that the practice should be phased out. Even though good progress towards ending dual mandates has been made since 2010, half of Northern Ireland MPs were also MLAs following the Assembly elections in 2011. Of course, some have now given up one seat or the other, but it is important to ensure that double-jobbing ceases permanently to be a feature of political life.
Over the years, many Members have served with distinction in the House of Commons and at the Assembly. While the institutions in Northern Ireland were not stable, it was understandable that double-jobbing was a feature of political life. But times have changed; the stable operation of the Assembly seems set to continue. Being an MLA is now a full-time job and it is therefore no longer appropriate for dual mandates to continue.
When the Fixed-term Parliaments Bill was debated in late 2010, concern was expressed in Scotland and Wales that a general election would overshadow the devolved one and cause voter confusion if held on the same day. The decision was taken in early 2011 to extend the terms of the Scottish Parliament and Welsh Assembly to avoid their elections coinciding with a Commons election. As regards Northern Ireland, my noble and learned friend Lord Wallace indicated during the course of the debate on the Fixed-term Parliaments Bill at that time that similar changes for the Northern Ireland Executive would be considered following the triple poll of May 2011. The Bill brings the position in relation to the Northern Ireland institutions into line with the approach in Scotland and Wales. By providing for a fixed five-year term for the Assembly, it will also permanently decouple Westminster and Assembly elections.
The Bill also makes changes to give the Justice Minister the same security of tenure as the other Executive Ministers. This is in response to a request from the First Minister and Deputy First Minister that followed inter-party discussions, after which the Assembly agreed the permanent method of selecting a Justice Minister. It is vital for the continued stability of the Northern Ireland institutions that the Assembly is able to elect an individual who commands cross-community support to the post of Justice Minister and that the allocation of ministerial posts between parties thereafter is fair. I hope that all Noble Lords will be able to support the changes set out in the Bill to achieve this.
Clause 6 gives the power to the Assembly to reduce the number of MLAs itself, subject to consent from Westminster. Unfortunately, it has not been possible to secure agreement among the parties on an actual reduction, but we hope that agreement will be forthcoming. Many now take the view that Northern Ireland has too many elected politicians. Long-awaited reforms of local government structures are addressing that level, but there is also clearly scope to reduce the size of the Assembly. To allow the reduction to take place without further primary legislation, the Bill makes this matter reserved, meaning that the Assembly could legislate on this matter, with the consent of the Secretary of State.
This Bill also recognises that progress has been made in Northern Ireland that makes it appropriate for the Government to consider whether the Assembly and the Executive might take the lead on issues that have previously been excepted matters. The relationship between Stormont and this place is maturing, and the Executive are taking the lead on Northern Ireland’s future. In this context, we believe it right that we make provision that opens the way to devolving functions relating to the Civil Service Commissioners for Northern Ireland, the Northern Ireland Human Rights Commission and the District Electoral Areas Commissioner. By placing these matters in the reserved category, the Bill would enable devolution to take place, following a full consultation, a cross-community vote in the Assembly, and votes in both Houses here. The Government would also be ready to consider devolution of the Secretary of State’s appointment responsibilities for the Equality Commission. We hope to begin consultation on these issues shortly after Royal Assent.
The Bill also makes a number of other important, but more minor provisions, in relation to equality duties, court rules and electoral registration and administration, among others. We want to give effect to recommendations by the Electoral Commission and Chief Electoral Officer to improve the conduct of elections in Northern Ireland, and to reduce the special measures that have been applied to Northern Ireland in respect of elections, recognising that, while we must always be vigilant, past concerns about electoral fraud have been ameliorated.
The measures in this Bill do not make the kinds of sweeping changes to government in Northern Ireland that we have seen when considering Northern Ireland matters in the past. But although the changes made in the Bill are not radical, they are important. They would improve the functioning of Northern Ireland institutions and the way in which they function; they would open the way to changes in the powers of Stormont vis-à-vis Westminster; and they would improve democratic accountability and strengthen the electoral system. I hope that this Bill will play its part in helping to address the challenges faced by today’s Northern Ireland, and I commend the Bill to the House. I beg to move.
Baroness Randerson
My Lords, I have listened with great interest to the debate and I thank all speakers for their thoughtful and constructive contributions. Their depth of experience and the imaginative approach that has been adopted across the House augurs very well for the quality of the debate that we will have in the future as we examine amendments and go through the Bill clause by clause. I know that many of today’s speakers are truly expert on the matters under discussion and clearly their views are very valuable.
I am pleased that so many in this House felt able to express support for some of the provisions in the Bill. The Government have been mindful of the need to seek as much consensus as possible, particularly on the constitutional matters dealt with in the legislation. I say to the noble Baroness, Lady Smith, that possibly our definitions of “consensus” are different. Consensus that there is a problem is probably the starting point with many of these things, although consensus on the solution may not come until some hard work has been done in searching for that solution to the problem.
I welcome the support for the Bill from the noble Lord, Lord McAvoy, and should like to address one of the issues that he and the noble Baroness, Lady Smith, raised concerning the NCA. The Crime and Courts Act includes order-making powers so that the NCA arrangements can be fully extended to Northern Ireland when the Northern Ireland Assembly gives its consent. Unfortunately, as a result of not securing consent, the activities of the NCA in Northern Ireland are restricted and the level of support that the NCA can provide to the PSNI in the fight against serious and organised crime is reduced. However, I emphasise in particular to the noble Baroness that David Ford, the Justice Minister in Northern Ireland, is continuing to discuss this matter and is seeking to get agreement with the Northern Ireland parties. The Home Secretary remains open to proposals for arrangements to ensure that the NCA is answerable for its activities in Northern Ireland.
Baroness Smith of Basildon
I am very grateful to the noble Baroness for that explanation and I apologise that this issue is not quite clear to me. I am trying to understand whether the Government were engaged in discussions with Northern Ireland. I appreciate David Ford’s role—he has been very good on this—but my query concerns the Government’s role in this.
Baroness Randerson
It is important to remember that justice is now a devolved issue. Although the Secretary of State and indeed the Home Secretary take a very proactive approach in liaising with the Justice Minister, the decision has to lie with the Northern Ireland Executive. I understand the sense of frustration felt by many noble Lords when we often talk here about issues that are devolved, but the whole stream of thought behind the Bill is to enable the devolved Assembly in Northern Ireland to operate more as the other devolved bodies do, so that Northern Ireland becomes less of a special case. In this particular case, the Government are very concerned that there should be a solution, and they are actively working towards obtaining that solution in a way that is acceptable across the parties in Northern Ireland.
Lord Empey
I am sorry to interrupt the Minister but the National Crime Agency—I repeat, the National Crime Agency—is not exclusively a matter for the devolved regions. I respectfully request that the Minister refers to a comment made by the noble Lord, Lord Taylor of Holbeach, who answered a debate in this House. I specifically asked him what would happen in the event that the Northern Ireland Assembly did not agree to this because I felt that it had no intention of agreeing to it. I asked what would happen if there was deemed to be a potential national threat posed by a pool of individuals in Northern Ireland who were not subject to the same rigour as would be the case elsewhere. He said that the Government would act responsibly.
I accept that the right way to do it is the way in which it is being pursued at the moment with Northern Ireland Ministers and the Executive. But this House cannot escape ultimate responsibility if leaving things unsatisfactorily resolved in Northern Ireland would ultimately pose a threat to the entire United Kingdom, which could happen. I just make the point to the noble Baroness that she might refer to the comments made by the noble Lord, Lord Taylor of Holbeach, when he answered the debate.
Baroness Randerson
I thank the noble Lord for his intervention and for his comments in respect of accepting the fact that this is a devolved issue and that the right way to deal with it is via the Justice Minister. The devolution of justice and the failure to accept the role of the NCA does not mean that it does not operate at all in Northern Ireland. Only some of its functions are affected. I say again that the Home Secretary is very proactively working to encourage a solution that will enable the NCA to be answerable within Northern Ireland.
Comments made by the noble Lord, Lord McAvoy, about the past on this topic were similar to those made by my noble friend Lord Alderdice, the noble Lord, Lord Browne, and others. This relates to the Haass talks and the whole topic of the past. It is important to bear in mind that the Haass talks are reaching a conclusion. The expectation is that there will be a report before Christmas. The Northern Ireland Executive once again owns this process. These are sensitive and difficult issues, and it is important that we give our support to that procedure so that we are able to take from it any positive outcome that is possible. Three issues are being dealt with by the Haass talks. They are separate but intertwined issues and the past is a very important part of them.
I remind noble Lords of the words of Her Majesty the Queen when she said that as a society we must respect the past but should not be bound by it. It is important that, when the Haass talks are concluded, we give full support to the Northern Ireland Executive in the way in which they intend to implement any recommendations.
As my noble friend Lord Trimble pointed out, welfare devolution has existed in Northern Ireland since 1920. It would be a serious piece of undevolution to take that back now in the context of the Northern Ireland Executive’s failure so far to introduce parity. It is important to bear in mind that it would be open to the Northern Ireland parties to seek to have the responsibility in these fields taken back, but it would require the agreement of my right honourable friend the Secretary of State. There would also have to be cross-community support in the Assembly and votes here and in the other place, so it would be a very complex issue.
To my knowledge, there been no call for control over welfare to be brought back to this place. It is, however, to be seriously borne in mind that the failure of the Northern Ireland Executive until now to address the issue of welfare reform will impose a serious financial penalty on the Northern Ireland Assembly and the Executive because of the costs of a more expensive welfare system.
Lord Trimble
I appreciate the points that the Minister has made, but I just wanted to point out to her that her earlier comments about this being a serious and grave matter are completely beside the point. This has in the past been a mere formality. There has been no substance to the devolved character of welfare in Northern Ireland. It is not a matter of significance at that end at all. With all respect, I think that the Minister's comments on this are inaccurate and premature.
Baroness Randerson
At the moment, for the first time, I believe that we are seeing that the devolution of welfare to Northern Ireland is becoming a separate and tricky issue. Until now, it has not been of any great significance on a day-to-day basis because, after all, the welfare system in Northern Ireland has mirrored that in the rest of the country. Only now are we seeing an issue. Once again, it is an issue for the Northern Ireland Executive to take on board. There is a possibility that the legislation would make a successful passage through the Assembly.
Several noble Lords raised the issue of dual mandates and whether this legislation was only for Northern Ireland, although the noble Lord, Lord Lexden, mentioned that legislation would also be going through for Wales in the near future.
On the issue of not legislating in relation to the House of Lords, we are talking about a dual mandate. The House of Lords enjoys a very separate and interesting role, which is almost unique in the world. We are not elected, as such, and have no fixed terms. Indeed, many noble Lords rejoice in the fact that we are enriched by having so many Members who have very active lives outside this place. Therefore, it is unlikely that the Government would regard any restrictions on Members of this House in that respect.
Can I make a point about there being a lack of legislation in relation to Scotland? The Government are very concerned not to legislate to solve a problem that does not exist. This has not been a problem in relation to the Scottish Parliament. Therefore there is no proposal to deal with the dual mandate in relation to Scotland.
I turn to the comments made by my noble friends Lord Alderdice and Lord Shutt. In relation to the size of the Assembly and the proposal to enable it to become smaller, I take on board entirely the warnings that they both made in relation to making the Assembly so small that you could not allow breadth of opinion or enable minority parties to be elected. The Government and my right honourable friend the Secretary of State certainly will be considering that very seriously. The most commonly suggested figure is that each area should be represented by five MLAs rather than six, which would bring the number down to 90.
Comparison was made with the Welsh Assembly. I know from my personal experience that membership of the Welsh Assembly is a stretching exercise, because Members of the Assembly—there are only 60—have to be so broad in their approach. However, I do not think there are suggestions that would take the Northern Assembly down to that level.
I note the comments of my noble friend Lord Alderdice in relation to the Northern Ireland Human Rights Commission and the need for independence of view. I am sure that I can look forward to some probing amendments and some interesting points.
I note particularly the comments of my noble friend Lord Alderdice about David Ford. My noble friend said that he had done a good job as Justice Minister; I add my own endorsement. David Ford has tackled a heavy workload of very difficult issues with great sensitivity and imagination. We can rapidly forget how controversial it was when justice was devolved to Northern Ireland and the success he has made of that. His tremendous contribution is to be applauded.
The noble Lord, Lord Browne, referred to the issue of transparency on donations and supported the proposals in the Bill. He rightly reminded us of the difficulty of getting donations in past years. Those of us who are politicians in mainland Britain probably find it hard to imagine how difficult it was in Northern Ireland in years gone by to encourage people to donate to political parties.
I want to address particularly the issue of donations from Ireland and Irish citizens living abroad. The Secretary of State already has the power to deal with that, should she wish to do so; but because some parties are established on both sides of the border, it can be very difficult to deal with that issue. However, I say to noble Lords who are concerned about this that the Bill makes the first steps to greater transparency. We do not yet know how much of a problem this is; the noble Lord, Lord Bew, speculated about it. We will know in the future, when the Electoral Commission is in a position to tell us the type of donation and where it came from. We will have those categories in the immediate future, even if we do not have the names of the donors. It is important that we welcome the Bill from that perspective.
The noble Lord, Lord Browne, also referred to the petition of concern and asked whether the number there should go down proportionately if the number of MLAs is reduced. I remind the noble Lord that 30 was specified in the Good Friday agreement, so we would be open to changing that only if there was broad cross-community agreement. However, I share his support for the Bill in the hope that it will keep politics moving forward.
My noble friend Lord Brooke spoke from his own extensive experience. He referred to the name of the Bill and to the d’Hondt system. The d’Hondt system is very close to my heart as a Liberal Democrat because it is intrinsically connected with proportional representation. I think that MLAs in general understand the purpose of d’Hondt, even if they cannot actually do the intensely complex calculations. However, I share my noble friend’s comments about the need for, and the hopes for, improvement.
I ask noble Lords whether they will bear with me and accept that I will look through their speeches carefully and respond to any specific questions noble Lords have asked me at this point. Some things are clearly going to crop up time and again.
Finally, I know that the changes in the Bill do not go as far as some would like and that, in some cases, they go faster than others would like. I look forward to a flurry of amendments as noble Lords apply their creativity and test the provisions of the Bill. It may be miscellaneous but it has certainly provoked some very serious thought here today. The Government are focused on the priorities of rebalancing the Northern Ireland economy and creating a shared society. We do not view legislation as the answer to Northern Ireland’s most important problems but this Bill is an important step along the road to ensuring that politics and the constitutional structure in Northern Ireland become more normal and more like the rest of the UK.