Northern Ireland (Miscellaneous Provisions) Bill

Baroness Ritchie of Downpatrick Excerpts

Tuesday 9th July 2013 Commons Chamber

[Nigel Mills]

I bow to the hon. Gentleman’s expertise, but surely he agrees that such people can choose whether to donate a large amount to a party. If my amendment were passed, they could still donate £7,499 every year without their names being published. Surely he agrees that a donation can reach such a level that the donor must accept that it should be subject to transparency, because of the amount of influence that that donor might be exerting. The amendment provides that, in just over 14 months’ time, any donation that exceeds £7,500 will be made public. That would give an individual 14 months in which to make any large donation to a party that he or she wished to make—without the information being published—which would presumably tide the party over.

[Ms Margaret Ritchie (South Down) (SDLP)]

This topic is very important to those of us who are involved in the political process in Northern Ireland. Does the hon. Gentleman agree that it is necessary to balance the security risk against the public good, and that in this instance the public want transparency and accountability in politics?

[Nigel Mills]

Yes. I made that point at the outset. The need for absolute security must be balanced against the need for transparency, and I decided that the level at which the balance tilted towards transparency was £7,500. The hon. Lady might choose a different figure, but there must be a point at which donations are seen to buy influence, and the details should therefore be published.

The leader of the hon. Lady’s party gave some of the most compelling evidence to the Select Committee. He said that his big fear was that if a small business man gave £1,000 to his, and her, party, another party might knock on the door and demand £2,000, because that business man was clearly willing to donate. I think that there is a risk at that level. That is why I did not table an amendment proposing that all donations should be made public, and I think that that is why the Select Committee recommended the £7,500 threshold as well.

Fifteen years after the Good Friday agreement, with all the progress that has been made, can we really justify maintaining the secrecy of all the large political donations to Northern Ireland parties when in the rest of the UK we have the publication of much smaller donations with no trouble? We accept that there is a unique situation in Northern Ireland. The security situation there is clearly different from what those of us representing seats in the mainland face, but for how many more years can we tolerate there not being this transparency in politics in the UK?

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I cannot support amendment 2, but I commend amendment 6, which was tabled by members of my party and presented very eloquently by my right hon. Friend the Member for Belfast North. I believe that it presents us with a way forward in the Province.

[Ms Ritchie]

rose—

[The Temporary Chairman (Mr Philip Hollobone)]

The hon. Lady has been very patient, and now her moment has arrived.

[Ms Ritchie]

Thank you, Mr Hollobone. I wish to speak to amendments 7 and 8 and amendment 6.

Given that we are living in a more normal society in Northern Ireland—although the degree of that normality varies, and we have seen it ebb and flow over the last few months—I believe that the anonymity relating to donations could now be lifted, not necessarily next October but perhaps at an earlier date, as suggested by the hon. Members for Belfast East (Naomi Long) and for Amber Valley (Nigel Mills).

I cannot disagree with what I understand to be the intended purpose of the amendments. It is important that, in trying to achieve a greater level of political maturity and in the practice of politics generally, we strive to achieve the highest standards of public life, whether we are serving our constituents or executing our parliamentary duties here at Westminster and in the Northern Ireland Assembly. The public ask us to serve them, and the duty to serve them is in our contract with them when we are elected as members of political parties. The electorate rightly demand from us the highest standards in public office in the execution of that contract, and it is important for the guiding principles of transparency, openness and accountability to constitute not just the pillars on which our fledgling democracy is built, but the rules that govern donations to political parties serving us in public life and wider civic society.

Like my hon. Friend the Member for Foyle (Mark Durkan), I acknowledge that there may be concern about security issues—concern that was expressed by the leader of our party when he gave evidence to the Northern Ireland Affairs Committee. There is a need to protect donors, because some of them—and some parties —fear that they may might be at risk from a terrorist or other threat. However, if we have learned anything over the last few months—and over the last few days, when television programmes have contained revelations about alleged political interference in certain bodies—it is the importance of giving some form of resilience and confidence to the public.

In that respect, I do not have any problem in supporting the amendments of the hon. Member for Belfast East, although it will not come as a surprise to learn that I do not support the amendment in the name of the right hon. Member for Belfast North (Mr Dodds) because like my party colleague, my hon. Friend the Member for Foyle (Mark Durkan), I believe we live in the island of Ireland. I believe that fervently as a democratic Irish nationalist, but notwithstanding that, I represent a border constituency, and many people at the southern end of it daily travel to places of employment in County Louth. They pay taxes sometimes in both the north of Ireland and the Republic of Ireland. They also have their children educated in the north, and they buy goods and services in the south and the north. There is that exchange of ideas and people. They view people in County Louth, albeit it is in the south of Ireland—in the Republic of Ireland, a different jurisdiction—as their neighbours and friends. In those circumstances, with that exchange of people and ideas, I cannot support this amendment. I am sure DUP Members will perfectly understand where the parliamentary party of the SDLP is coming from in that respect.

I also believe that we need to see progress on a whole range of matters, however. Mr Haass has been appointed today to chair the all-party talks on flags and emblems and reconciliation. It is important that we move towards that in the next phase of devolution so we can see the full implementation of the Good Friday agreement, including support from the British Government for a Bill of Rights that is dedicated to the needs and requirements of Northern Ireland.

[Lady Hermon]

May we clarify one little point of conflict between the hon. Lady and her colleague, the hon. Member for Foyle (Mark Durkan)? He supported the thrust of the amendments in the name of the hon. Member for Belfast East (Naomi Long), but he suggested that January was a bit too soon and perhaps the tax year would be better. However, the hon. Member for South Down (Ms Ritchie) has just said she supports the amendments of the hon. Member for Belfast East, so is it January, or is it March and the tax year, or has the hon. Member for South Down got further ideas?

[Ms Ritchie]

It was my very clear understanding that my hon. Friend the Member for Foyle said that if the hon. Member for Belfast East were to press her amendment to a Division, he, like me, would support her—although I think I might be a Teller in such a Division. We in the SDLP believe that there is a need to move towards greater transparency and accountability. That can be balanced against the political progress we are making in the interests of the public good and, above all, the wider needs of society in Northern Ireland, because the experience of the last few weeks tells us that the public want politics to move in that direction. They want us, while serving them, to exercise our job in the right and proper and accountable manner.

[Stephen Pound]

We have heard a great deal this evening about the threats and dangers that could possibly be attracted to party political donors. It is perhaps salutary to mention that if such threats exist to those who donate to political parties, credit should be given to those who have the courage to participate fully in the democratic process as candidates and elected representatives, and perhaps we in this House do not give enough credit to those who sit with us in this Chamber and who take the most extraordinary risks in conditions that are frequently beyond the imagining of us on this side of the water. Many right hon. and hon. Members sitting here tonight have had very close personal experiences in that regard, so when we talk about the threat to donors let us also salute the courage of those who participate fully in the democratic process.

May I, in these brief remarks, say that I thought that the right hon. Member for Belfast North (Mr Dodds) showed his fine—I was going to say almost Jesuitical subtlety but he probably would not thank me for that—analysis of the situation when he referred to the need to advance incrementally and organically? It is one thing to legislate, but we cannot legislate for human behaviour; we cannot demand that people’s behaviour and instincts change, and that society and culture change, because a piece of law has been approved in this House. A cultural change, an organic change, has to take place, and that is, of necessity, a slow process; it is an incremental process. None of us disagrees with the desirability of the destination; we all want to be in that place. It is the road map and the route we are talking about today. In the particular circumstances of politics in Northern Ireland, proceeding festina lente—I hope hon. Members will forgive me a spot of Latin—should be our watchword on this occasion. In recognition of that, the proceeding slowly and cautiously option is by far the best one. I look forward to hearing from the Minister, possibly also on the subject of transparency of the Conservative party in Northern Ireland.

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[Mr Donaldson]

Indeed. I do not know what affirmation new members of the Irish Senate make, but it is surely a contradiction for people to come to either of the Houses of Parliament here and affirm their allegiance to the United Kingdom, and then to go to the legislature of another country and affirm their allegiance to that country. That is why, on principle, we cannot accept the concept that a Member of the Parliament of another country could also be a member of either a devolved legislature in the United Kingdom or, indeed, of this Parliament.

[Ms Ritchie]

The hon. Member for Belfast East (Naomi Long), my hon. Friend the Member for Foyle (Mark Durkan) and I firmly believe in one Member, one Chamber. I declare an interest as a former Member of, and Minister in, the Northern Ireland Executive and Assembly, and also as a former district councillor in Northern Ireland. As such, I know very well that Members must serve only one Chamber if they are to do the job properly and adequately.

The proposal to extend this legislation to the upper chambers, the House of Lords and the Seanad in the Irish Parliament, has my full support. I believe that there is a certain amount of hypocrisy in contending that dual mandates must end while ignoring the practice in respect of other legislative bodies. The current approach is inconsistent, and leaves us with an untidy arrangement.

There was a period during the early years of the Assembly—back in 1998—when dual mandates were an important part of the political system, but given the changes in our political system in Northern Ireland and its evolving maturity over the past 15 years, there is clearly a different political climate as well as a different expectation on the part of the body politic. While I am not convinced that this legislative route is the most appropriate, the direction of travel is clear, and my party supports it.

As we move towards the new system, however, we must ask why we are preserving the practice in some arenas but not in others. Why are we creating this imbalance? I accept that the House of Lords operates differently because it has no constituencies, but the important point—emphasised a few minutes ago by my hon. Friend the Member for Foyle—is that it is a legislative Chamber. If we are legislating to prevent people from being members of two different legislatures, that is exactly what we should do.

[Naomi Long]

Surely part of the rationale for the structure of the House of Lords is the fact that it can serve as a revising Chamber, and scrutinise legislation in a robust way, because its Members are not being lobbied by constituents as we in the House of Commons are when we are dealing with legislation. Could not an electoral mandate expose Members of the House of Lords to that kind of lobbying, and prevent them from acting as we expect a Lord to act?

[Ms Ritchie]

That was a useful intervention, because it illustrated the role of Members of the House of Lords. While they have clear legislative responsibilities, they also do very in-depth work. We can cast our minds back to the work done in respect of the Welfare Reform Bill, and its ping-pong nature, with the Bill going back and forth between us. Lords come from many varied backgrounds, but they do their work. The Lords may not be elected, but they do have legislative responsibilities, which naturally would clash with the responsibilities of an elected Chamber such as the Northern Ireland Assembly. That is the very problem that this measure is meant to address. I would not hold my breath about this House finally taking on the much-needed reform of the House of Lords, but if, and hopefully when, it does, would it be desirable that people can run for election and hold office, namely by having a dual mandate between the Assembly and an elected House of Lords?

It is important that this issue is sorted out now within the terms of the current Bill. I note that that position is supported by the Northern Ireland Affairs Committee. In so doing, we come to this issue with the premise of one Member, one Chamber. Having had the experience of serving in other Chambers, and knowing the extent and breadth and depth of work and investigative intelligence that is required of Members in all those Chambers, particularly in terms of legislation, we not only support our own amendment—amendment 20—but we also support those of the hon. Member for Belfast East.

[Mr Dodds]

On clause 3 and the ending of the dual mandate between Members of this House and Members of the Assembly, our party made it clear some time ago that we would be bringing this matter to the point that by 2015, as was recommended, dual mandates would be ended. We are working towards that, and it needs to be made very clear in this Committee tonight that this Bill does not end dual mandates; the parties in Northern Ireland are ending dual mandates, and they are doing so for the reasons that have been advanced, which are that we have now moved forward to a position where politics is much more stable, and the Assembly and the Executive are up and running. We are therefore in a very different position from the one we were in only a short time ago, when dual mandates were not only preferable, but essential, for the reasons laid out very clearly by my right hon. Friend the Member for Lagan Valley (Mr Donaldson) and because of the leading political figures in this House who were playing the important—the crucial—role of bringing about peace, stability and devolution in Northern Ireland. That would not have worked if there had not been that dual mandate at that time; that is absolutely the case.

There is a tendency sometimes to look at situations from the perspective of today, rather than looking at the context of the time. I want to pay tribute to all Members who held dual mandates at that time. I want to do so not because I was one of those Members who held a dual mandate, but because they put themselves and their families under enormous stress and strain in terms of the work load, but still carried out an immensely powerful job, as was recognised through the votes of the people, who consistently voted for them. Therefore it is only right and proper to pay tribute to those politicians who did that in very difficult circumstances, and who had their pay cut, we must remember—it was not as if they were doing it for two salaries. It was done for the reasons set out, and also because, to return to an earlier discussion, there were very real threats against politicians, and not too many people were prepared to come forward and put their head above the parapet. Every Member in our party, and Members of other parties as well, including the SDLP and the Alliance, suffered very severe threats at that time, and actual attacks on their person, their offices and on people close to them. That was the reality of the situation we lived in.

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[Mr Dodds]

I have listened carefully to the Minister. Clearly, the contribution from the right hon. Member for Torfaen (Paul Murphy) has been received warmly because we recognise the part he played as Secretary of State for Northern Ireland, and as Minister of State before that; he was widely praised for his efforts during his tenure, and we thank him.

There is a view across most of the parties in Northern Ireland, with the exception, I think, of Sinn Fein, that the Assembly is too big and should be reduced in size. Until we can get that cross-community support in the Assembly, we are where we are, but at least the Bill recognises movement, in that it makes this a reserve matter, rather than an excepted matter, and so puts it more within the Assembly’s bailiwick. Our view, in tabling the amendments, was that the more that was done, the better; it shows maturity and demonstrates that the Assembly is developing. It shows that issues such as the make-up of the Executive, how it is appointed and elected, the First Minister and Deputy First Minister should all be more within the remit of the Assembly.

I have heard what the Minister has said, and I also heard his earlier comments that he was listening carefully to the matters being raised and would reflect upon them. In that spirit, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 6 ordered to stand part of the Bill.

Clause 7

Extension of term of Assembly

Question proposed, That the clause stand part of the Bill.

[Ms Ritchie]

I approached clause 7 by way of a probing amendment that was not selected. I sought information on Second Reading about why the mandate of the current Assembly was being extended from a four-year term to a five-year term, given that the people of Northern Ireland voted for parties on the basis of four, not five years.

Many political representatives, including the current Secretary of State and the former Secretary of State, have stated that there is insufficient consensus on extending the term, while the Northern Ireland Affairs Committee compiled evidence that clearly suggested there was insufficient evidence and did not agree with extending the term to five years. I understand that three parties—at the centre, shall we say—supported extending the mandate: the Democratic Unionist party, Sinn Fein and the Alliance party. On the other hand, the Social Democratic and Labour party and the Ulster Unionist party did not.

I believe in democracy. Members were elected to the Northern Ireland Assembly on the basis of four, not five years. That is a very different position from that in Scotland and Wales. In November 2011, when people stood for election and sought mandates in Scotland and Wales, they did so on the basis that those terms would be five years. It was very different in Northern Ireland. I did not get that mystery unlocked on Second Reading, so I now ask the deputy Secretary of State if he will provide me with an explanation; I am sure he will be happy to do so.

[Mr Dodds]

I want briefly to put on record our view, which we also stated on Second Reading.

We believe that the argument for moving the date of the Assembly election is strong, not least because that is what is happening for Scotland and Wales. There is no logical, coherent reason at all to challenge the Government position—that we should also extend the mandate for the Northern Ireland Assembly by one year, to ensure that a Westminster election and an Assembly election are not held on the same day. That is important because they are probably the two most important elections that are held. Council elections are obviously significant, as are elections to the European Parliament, but when we are electing the legislature and the Executive for the Northern Ireland Assembly and also representatives in this House, it is inevitable that one of those elections would dominate the media and the political debate to the exclusion of the other, to a much greater extent than with other elections. For that reason, clause 7 is important.

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[Mike Penning]

We debated this matter extensively in the Second Reading debate, during which the hon. Member for South Down (Ms Ritchie) referred to me as the deputy Secretary of State almost all the way through her contribution. I should have corrected her then, but I shall do so now. I am the Minister of State in the Northern Ireland Office, and I am very proud of that. I have never heard of a deputy Secretary of State. It might well have been corrected by Hansard, but I thought I would mention it anyway. I also fully acknowledge that I am not going to convince the hon. Lady that no conspiracy took place that suddenly made us change our mind on this matter. In fact, 70% of the MLAs asked us to move the election by one year to 2016.

[Ms Ritchie]

Will the Minister give way?

[Mike Penning]

I want to make a tiny bit of progress, if the hon. Lady does not mind.

As the hon. Member for Ealing North (Stephen Pound) suggested, we should never take anything for granted, but the provisions for the one-year extension and the five-year term should, in theory, keep the Assembly elections separate from the UK general elections. However, this is not set in stone, and nor is the five-year fixed term for this House. Parliament could dissolve and we could have an election here. That is a fact.

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[Ms Ritchie]

rose—

[Mike Penning]

I will give way to the hon. Lady. I am being very rude, and I apologise.

[Ms Ritchie]

I am grateful to the Minister of State for giving way. Will he consider this possible evidence? The report from the Northern Ireland Affairs Committee on the draft Bill states:

“Nevertheless, we did not hear any compelling evidence to support this proposition.”

That is, the proposition to extend the mandate from four to five years. The report also states:

“We are concerned that extending the current term to 2016 would be contrary to the expectations of the electorate at the last Assembly election in 2011 and recommend, therefore, that the current Assembly term should end, as planned, in 2015.”

I would be obliged if he could explain why the proposals are now in the Bill.

[Mike Penning]

On this question, we disagreed with the Select Committee. We agreed with it on some things, and changed the draft legislation accordingly, but we did not agree with it on this matter.

[Mark Durkan]

rose—

[Ms Ritchie]

rose—

[Mike Penning]

I will not give way. I have finished speaking on clause 7, and I hope that the Committee will allow it to stand part of the Bill.

Question put and agreed to.

Clause 7 accordingly ordered to stand part of the Bill.



Clause 8

Appointment of Justice Minister