Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Northern Ireland Office:
To ask His Majesty's Government what assessment they have made of the practical effect of the High Court judgment of 28 February that the conditional immunity provisions in the Northern Ireland (Legacy and Reconciliation) Act 2023 are contrary to Article 2 of the Windsor Framework and Articles 2 and 3 of the European Convention on Human Rights.
Answered by Lord Caine - Lord in Waiting (HM Household) (Whip)
Following consideration of all aspects of the judgment, including those in relation to Article 2 of the Windsor Framework, the UK Government is applying for an appeal with the Northern Ireland Court of Appeal.
We remain committed to implementing the Legacy Act and delivering the ICRIR to provide better outcomes for victims and survivors of the Troubles by giving them more information about what happened to their loved ones.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Northern Ireland Office:
To ask His Majesty's Government whether the statement in paragraph 46 of the Safeguarding the Union Command Paper 1021 that “the Windsor Framework applies only in respect of the trade in goods” is compatible with the High Court judgment of 28 February that the immunity provisions in the Northern Ireland (Legacy and Reconciliation) Act 2023 are contrary to Article 2 of the Windsor Framework.
Answered by Lord Caine - Lord in Waiting (HM Household) (Whip)
The Government stands by its position on Article 2 which was set out in the Safeguarding the Union Command Paper. Article 2 of the Framework does not apply EU law or ECJ jurisdiction, and only applies in respect of rights set out in the relevant chapter of the Belfast/Good Friday Agreement and a diminution of those rights which arises as a result of the UK’s withdrawal from the EU. We will be challenging the High Court's determination of the Article 2 issues to that end.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Northern Ireland Office:
To ask His Majesty's Government what assessment they have made the High Court judgment of 28 February that the conditional immunity provisions in the Northern Ireland (Legacy and Reconciliation) Act 2023 are disapplied because of the supremacy of EU law in Northern Ireland.
Answered by Lord Caine - Lord in Waiting (HM Household) (Whip)
We remain committed to implementing the Legacy Act and delivering the ICRIR to provide better outcomes for victims and survivors of the Troubles by giving them more information about what happened to their loved ones.
Following consideration of all aspects of the judgment, including those in relation to Article 2 of the Windsor Framework, the Government is applying for an appeal with the Northern Ireland Court of Appeal.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Northern Ireland Office:
To ask His Majesty's Government how many cases have been referred to the Public Prosecution Service in Northern Ireland without further action being taken after one year.
Answered by Lord Caine - Lord in Waiting (HM Household) (Whip)
The Northern Ireland Office does not hold the information requested. Since the devolution of policing and justice in 2010, the Public Prosecution Service in Northern Ireland has been designated as a non-ministerial government department and is operationally independent of the Government and the NI Executive. The Director of Public Prosecutions can be contacted by email at info@ppsni.gov.uk, or by writing to:
Public Prosecution Service, Belfast Chambers, 93 Chichester Street, Belfast, BT1 3JR.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Northern Ireland Office:
To ask His Majesty's Government what assessment they have made of the Centre for Brexit policy paper, Mutual Enforcement: the Key to Restoring Government in Stormont, published on 27 June.
Answered by Lord Caine - Lord in Waiting (HM Household) (Whip)
The Government remains fully committed to the restoration of a fully functioning devolved government, along with all the other institutions that form the three strands of the Belfast/Good Friday Agreement, in the interest of the whole community in Northern Ireland. We are working tirelessly to that end. In the Government’s view, the Windsor Framework remains the best basis for achieving it.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Northern Ireland Office:
To ask His Majesty's Government how many times the royal prerogatives of mercy has been exercised in Northern Ireland in each of the past five years.
Answered by Lord Caine - Lord in Waiting (HM Household) (Whip)
The Royal Prerogative of Mercy has not been exercised in Northern Ireland within the past five years.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Northern Ireland Office:
To ask His Majesty's Government what assessment they have made of the views of victims’ groups and families on the Northern Ireland Troubles (Legacy and Reconciliation) Bill.
Answered by Lord Caine - Lord in Waiting (HM Household) (Whip)
The Government has always been clear that the purpose of the Northern Ireland Troubles (Legacy & Reconciliation) Bill is to deliver better outcomes for those most affected by the Troubles, including victims and their families, providing more information to families in a more timely manner than through the existing mechanisms.
The Government has always acknowledged the concerns expressed by interested parties about the legislation and been consistent in its commitment to strengthen the Bill in order to alleviate many such concerns. That is why, ahead of the Report Stage in the House of Lords, we tabled amendments relating to the conduct of reviews, compliance with international obligations, the independence of the Commission, and strengthening the provisions regarding conditional immunity.
The Government recognises that the Bill remains challenging for many, but continues to believe that it represents the best way forward for those most affected by the Troubles, and to help Northern Ireland look forward.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Northern Ireland Office:
To ask His Majesty's Government in what circumstances they involve the government of Ireland in matters relating to Strand 1 (democratic institutions in Northern Ireland) of the Multi-Party Agreement under the Belfast/Good Friday Agreement.
Answered by Lord Caine - Lord in Waiting (HM Household) (Whip)
This Government remains fully committed to the long-established three-stranded approach to Northern Ireland affairs, dating back to the 1990s. This Government has always maintained that Strand One issues are for the UK Government and the Northern Ireland parties to determine.
The Agreement makes clear that the Northern Ireland Assembly is the prime source of authority in respect of all devolved responsibilities.
As set out in the Agreement, in recognition of the Irish Government’s special interest in Northern Ireland and of the extent to which issues of mutual concern arise in relation to Northern Ireland, there are meetings of the British-Irish Intergovernmental Conference concerned with non-devolved Northern Ireland matters, on which the Irish Government may put forward views and proposals.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Northern Ireland Office:
To ask His Majesty's Government what assessment they have made of the latest report of the Independent Reporting Commission, published on 7 December.
Answered by Lord Caine - Lord in Waiting (HM Household) (Whip)
I refer the Noble Lord to the written statement made by the Secretary of State for Northern Ireland on 7 December with regard to the fifth report of the Independent Reporting Commission. As noted in that statement, the report highlights progress in a number of areas, including disruptions to paramilitary groups as a result of operations by the Paramilitary Crime Task Force, the downward trend in some aspects of paramilitary activity demonstrated by PSNI security statistics, and the reduction in the Northern Ireland-related Terrorism threat level from SEVERE to SUBSTANTIAL.
Yet the report also notes that the problem of paramilitarism is enduring. A number of incidents in recent weeks have demonstrated the callous disregard that paramilitary groups, or those who claim affiliation with them, have for public safety, and the harm and disruption they continue to cause to the communities they often claim to represent.
Paramilitarism was never justified in the past, and cannot be justified today. It needs to end for good. It is clear that a sustained effort is required here over the long term to tackle the enduring problem of paramilitarism. We remain committed to delivering our vision of a safer, more secure Northern Ireland and to working with partners to support efforts against the enduring threat and harms posed to communities by terrorist and paramilitary groups.
Political leadership from across the political spectrum in Northern Ireland is essential to ensure it remains clear there is no place for paramilitarism. The lack of a functioning Executive inhibits Northern Ireland Departments from taking a strategic, cross-cutting approach to tackling paramilitarism in partnership with the PSNI and the wider public sector. It remains the Northern Ireland Office’s top priority to rectify the present situation.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Northern Ireland Office:
To ask His Majesty's Government how many times the Secretary of State for Northern Ireland has stayed overnight in Northern Ireland since his appointment.
Answered by Lord Caine - Lord in Waiting (HM Household) (Whip)
Since his appointment by the Prime Minister in October, the Secretary of State for Northern Ireland has undertaken eight official overnight visits to Northern Ireland. My Noble Friend will be pleased to note that my Rt Hon Friend the Secretary of State travels frequently on official business.