Northern Ireland (Ministerial Appointments and Regional Rates) Bill

Lord Rogan Excerpts
2nd reading (Hansard): House of Lords & 3rd reading (Hansard): House of Lords
Wednesday 26th April 2017

(7 years, 6 months ago)

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Lord Rogan Portrait Lord Rogan (UUP)
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My Lords, first, I apologise to the noble Lord, Lord Dunlop, as I missed the first minute of his statement. I wish also to associate myself with the remarks of the noble Lord, Lord McAvoy, the noble Baroness, Lady Suttie, and other noble Lords regarding the actions of the PSNI at Ardoyne last Sunday. But as my noble friend Lord Empey said, members of the PSNI face murderous violence from republicans daily. The people of Northern Ireland, and indeed we in this House, owe a debt of gratitude to the PSNI and its bravery. My noble friend Lord Empey talked about declaring an interest, and I have to declare an interest in that my cash flow has been extremely improved by the late collection of the rates.

Establishing an Assembly and Executive in Northern Ireland is absolutely vital, as the United Kingdom is about to embark on formal negotiations with the European Union. We need strong voices arguing for Northern Ireland here in Parliament and in Stormont. Likewise, with the upcoming Westminster election, it is vital that we elect for Northern Ireland 18 MPs who are willing to take their places in this Parliament. What we do not need is the abstention of Sinn Feiners, receiving a salary and drawing maximum expenses without any meaningful way of contributing to the Parliament in London. We need a strong voice for Northern Ireland to ensure that we get the best possible deal for our farmers, universities, businesses, communities and voluntary sector.

The legislation brought forward yesterday by the Secretary of State provides some certainty by striking a regional rate so that the rates will be collected and public finances and local government services can still continue to function in Northern Ireland. However, it is somewhat embarrassing that something as clearly a devolved issue as Northern Ireland regional rates has been legislated here in Westminster. It is a sad indictment of the current state of affairs in Northern Ireland politics and in particular the conduct of DUP and Sinn Fein, currently the two largest parties in Ulster.

The Bill seeks to extend the date for a formal Executive, which will give some breathing space after the general election on 8 June. However, devolution in Northern Ireland cannot simply be put on ice without consequences. With no Government in place, key strategic decisions are not being taken regarding the health service, our education system, our economy and many other factors. Indeed, as the noble Lord, Lord Empey, has alluded to, one casualty of the current political crisis is the devolution of corporation tax. It now appears extremely unlikely that we will see a rate of 12.5% by April 2018, as was previously agreed. This represents a very great missed opportunity.

The indicative budget and departmental allocations brought forward yesterday by the Secretary of State have no statutory footing or ministerial oversight. It is a civil servant’s budget, and that position is simply not sustainable. Decisions regarding the public finances should be taken by responsible Northern Ireland Ministers who are accountable for their actions, not simply drawn up by Permanent Secretaries.

In March, 90 MLAs were elected by the people of Northern Ireland to a local Assembly in the expectation of their forming an Executive at Stormont where local decisions could be taken and Northern Ireland Ministers could be held to account. The steps taken this week by the Secretary of State should be an exception. We need devolved government back up and running as soon as possible so that the Secretary of State does not have to legislate for us again in the near future. In the meantime, though, my party supports the Bill.

Northern Ireland: Political Developments

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Tuesday 28th March 2017

(7 years, 7 months ago)

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Lord Dunlop Portrait Lord Dunlop
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I have been asked that question in this House before and I will give the same reply that I gave then. We are committed to the Belfast agreement and the principle of consent. Northern Ireland remains a full part of the UK and joint authority would be incompatible with that principle of consent.

Lord Rogan Portrait Lord Rogan (UUP)
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My Lords, the Minister mentioned in the Statement public services, the community and the voluntary sector. What is his assessment of the uncertainty that the present situation places on those vital services, which are often accessed by the most vulnerable in our Northern Irish society?

Lord Dunlop Portrait Lord Dunlop
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The funding of these voluntary bodies and the public services is absolutely at the heart of why we need to make quick progress and why this process cannot go on indefinitely. Measures are in place that allow the Permanent Secretary of the Department of Finance to allocate cash, but political choices need to be made and that is why we require a fully functioning Executive to be in place.

Northern Ireland Assembly Election

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Tuesday 17th January 2017

(7 years, 9 months ago)

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Lord Rogan Portrait Lord Rogan (UUP)
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My Lords, I wish to ask two questions. As the noble Baroness, Lady Suttie, has indicated, the electors of Northern Ireland wish to have clarity, not least after the statement of the former Minister Mr Jonathan Bell in Stormont yesterday on what role First Minister Arlene Foster, others in the DUP and their spads played in the RHI debacle. Now that the Northern Ireland Executive have collapsed, and following the forthcoming election, if Sinn Fein/IRA maintains that it will not nominate for office in a new Executive, a strongly likely if not certain consequence is that we will not be able to form a new Administration. Will the Secretary of State establish a public inquiry under Section 205 of the Act into the RHI scandal?

Further, given that the Government have indicated that we are now leaving the single market and will not be full members of a customs union, how will the Government particularly ensure that trade can flow unhindered between Northern Ireland and the Republic of Ireland?

Lord Dunlop Portrait Lord Dunlop
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Of course the Government agree that it is absolutely essential that we establish the facts and where accountability should lie around the renewable heat initiative scheme. As the Secretary of State made clear earlier in another place, clearly this is a devolved matter and we are firmly of the view that the best approach is that an independent inquiry should be established by the devolved institutions. It is absolutely vital that any inquiry needs to command the acceptance of all the political parties in Northern Ireland and provide widespread confidence across the community. Of course, the Secretary of State will continue to explore options during the election.

With regard to the issue about the border, the Government are absolutely clear that they do not want a return to the borders of the past. As we heard in the previous Statement, we are looking at all the practical options and solutions that will deliver the outcome that the Government want—the maintenance of the common travel area and frictionless trade across the border in the island of Ireland.

Northern Ireland (Stormont Agreement and Implementation Plan) Bill

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Thursday 21st April 2016

(8 years, 6 months ago)

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That clear statement by Mr McGuinness and his colleagues would do more to enhance their perception in the community and to advance good, or improved, community relations than any of the schemes that were being dreamed up, which are thankfully not in the Bill but are, unfortunately, parked somewhere and might be wheeled in again. What we really need in Northern Ireland are things that will improve community relations and the way each section of the community addresses the other. That is an area where Martin could make a very significant contribution if he used the language I suggest.
Lord Rogan Portrait Lord Rogan (UUP)
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My Lords, I thank the noble Lord, Lord Dunlop, for his courtesy in allowing us some very helpful meetings on the Bill. I fully support the amendment of the noble Lord, Lord Alderdice. In the past, many inquiries and commissions have taken far too long and, in the end, when they do report, what they were originally reporting on is perhaps forgotten. I cite the Saville inquiry. It went on and on, cost £200 million and, quite frankly, its report satisfied no one.

I turn to Amendment 2 in the name of the noble Lord, Lord Empey. Northern Ireland is a comparatively small geographical area. To be precise, it consists of 5,344.8 square miles. You can get from point A to point B in one and a half hours. We have a population of some 1.7 million. The effect of these facts is that we all know each other, or we know a friend of a friend. It is almost impossible to meet a fellow Ulsterman or Ulsterwoman and not, within 15 minutes of conversation, find some geographical or other link. At times we are accused of being tribal, whether we come from the inner cities, with their peace walls, from leafy suburbs or the rural countryside.

All these facts make it difficult to identify people who are seen to be completely neutral. I think we did achieve that when we appointed the noble Lord, Lord Alderdice, and the noble and right reverend Lord, Lord Eames, if not, perhaps, with some other appointees. However, in order to appoint people who are neutral and seen to be neutral—and many people in Northern Ireland would fit that bill—we must end the practice of political appointments, appointments being made, currently, by only two of the main parties. We need to broaden it out so that the broadest possible organisation can be the appointing body. While I absolutely agree that the police authority is not the ideal—when are we ever going to get an ideal body?—I feel that the Policing Board would fulfil this role. There still definitely is a political element, with political appointees, but the appointed lay members will dilute that somewhat. I support the amendment.

Lord Browne of Belmont Portrait Lord Browne of Belmont (DUP)
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My Lords, I support the amendment of the noble Lord, Lord Alderdice, and I shall also speak to the amendment of the noble Lord, Lord Empey. It is important that the Executive in Northern Ireland continue to tackle paramilitarism, criminality and organised crime, and therefore I very much welcome the provision for the establishment of the Independent Reporting Commission. No doubt, it will expose those in both the republican and loyalist paramilitary groups who continue to engage in criminal acts of violence. Regrettably, over past weeks, we have witnessed the murder of the prison officer Adrian Ismay in east Belfast, the murder of Michael McGibbon in north Belfast and the serious wounding of Harry Boyle in Londonderry. The Police Service of Northern Ireland has stated that these all bear the hallmarks of the action of violent dissident republican groups. I am sure that all Members of the House will condemn the vile actions of those groups.

This is why it is all the more important that the Independent Reporting Commission is in place and fully operational as soon as possible, so that it can report to the Northern Ireland Executive and enable them to draw up a programme to promote the ending of paramilitary activity. This commission is to be established through an international agreement between the UK Government and the Republic of Ireland Government. I trust that a Government in the Republic can be formed soon so that there will be no delay.

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Lord Empey Portrait Lord Empey
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My Lords, I will take this opportunity first to remind noble Lords of our contributions at Second Reading. The co-called Stormont House agreement is a two-stage rocket. The first stage took place in 2014. Of course, even in 2015 a large part of the discussions rested on legacy issues and not on the issues contained in the Bill. So the Bill is largely devoid of the matters that were discussed for prolonged periods during both sets of negotiations.

I will take this opportunity to thank the Minister for holding a meeting. Sadly, it was in Committee Room 10A, which was far too small and stuffy for the number of people who showed up, but I thank him for holding it. I do not know whether he believes that it served him any purpose—a number of noble Lords are here this afternoon who were there last week to express their views—nevertheless, it gave an opportunity to ventilate on the legacy issues, which the Minister had indicated he hoped to bring before your Lordships at a future date, in a separate piece of legislation. We also have people in this House today, such as the noble and right reverend Lord, Lord Eames, who have a distinguished history of work in this very sensitive area.

As someone who, fortunately, came out of our Troubles without a member of my family or a close acquaintance being directly affected, in the sense of being either killed or injured as a result, I am in a minority, but I know there are still a lot of people who are deeply unhappy that the issues they feel are so significant to them are not being addressed. Consequently, this amendment seeks to amend the Victims and Survivors (Northern Ireland) Order 2006 to make it clear that, if a perpetrator of an act of violence should subsequently try to claim compensation, that they would no longer be eligible. The situation is fairly clear in English law. When a person is responsible for something that is their own doing and that thing is unlawful, it seems perverse that they should then have full access and be treated as being in exactly the same position as the person against whom an act of violence was committed. Effectively, that is what the amendment seeks to deal with.

There is no common view or belief on what is a victim. For a variety of reasons, it has not been possible to get an agreed definition, despite the fact that many people have tried. We understand the rationale for this—that those who were members of paramilitary organisations feel that they have been fighting in their terms a just war, and therefore they see themselves in the same light as we would see veterans of our Armed Forces, for instance. Strange as that may seem to many people, it is nevertheless the fact, and we have to be aware of that. Similarly, the loyalists and republicans felt that they were involved in just wars. But of course, that is not how the law of this country sees it, and it is not unreasonable to see a distinction between someone involved in an act of terrorism—an unlawful act—and a person who was a victim of that particular unlawful act, and treat them differently. That is what this addition to the Victims and Survivors (Northern Ireland) Order 2006 seeks to achieve. I beg to move.

Lord Rogan Portrait Lord Rogan
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My Lords, efforts are increasingly being made by Sinn Fein/IRA to rewrite the history of the Troubles. The forces of the Crown are being portrayed as the bad boys and the bad side and, indeed, have been shown as the perpetrators of most of the violence. The terrorists are being seen as not really to blame—indeed, if it had not been for the British Government’s misrule, they would all have been model, peace-loving citizens. They are attempting to airbrush terrorists and terrorist atrocities out of history, and they portray themselves as victims, putting themselves in the same category as those thousands of innocent victims. This revisionism must not be allowed to happen. There is absolutely no way that someone injured or killed when carrying out an unlawful terrorist incident can be equated with an innocent civilian or member of the Crown forces performing their duties of protecting us.

In giving evidence to the Northern Ireland Affairs Committee yesterday, the victims commissioner stated that some 200,000 persons in Northern Ireland, 12% of the population, are suffering from mental health problems as a result of the Troubles. A disproportionate number of these victims—and these people are as much victims as those with physical injuries—live in areas which were, and in some cases still are, controlled by paramilitaries. Paramilitaries were terrorising and exploiting their own communities—one more reason why no more justification can be given to equate innocent victims with terrorists. I support the amendment proposed by the noble Lord, Lord Empey.

Lord Eames Portrait Lord Eames
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My Lords, the amendment proposed by the noble Lord, Lord Empey, takes us to the very heart of the legacy issues that have haunted us every time we look back on the beginnings of the peace process. I have no reservation whatever in supporting what the noble Lord, Lord Empey, said, and how he defined the distinction between those who, in uniform and on behalf of society, protected us, and those who took it into their hands, as the noble Lord, Lord Rogan, has just reminded us, and simply thought that they were involved in a just war. There is no comparison. Having said that, I want to express a certain apprehension.

When the report, which I spent so much of my time helping to prepare some years ago, was produced, we had no latitude on the question of the definition of a victim. The survivors order, as it was known, was in existence, and that was the law of the land—as it is. The amendment touches on this and seeks to change it. However, in all seriousness, is this the right place and time and the right legislation to bring about that change?

The Bill before us refers to the months of discussion between the political parties in Northern Ireland on the way forward. If we are to believe that, these terms as we have them before us are the result of that negotiation and discussion. I worry that there are those who would wish to continue the Troubles, not by the gun, bomb or bullet but by the use of manoeuvring and language and manipulation. There are those at present in our society at home for whom the Troubles have not ended; for them, matters have simply moved into a different sphere, and they want to use that sphere in every possible way to achieve their aims. I am concerned that, in the legislative process in your Lordships’ House and the other place, if we should make the slightest mistake in the tactics of when these important issues are produced and brought together in legislation, that will play into the hands of those who will manipulate it for the very ends that I have just mentioned.

Having said that I fully endorse and support what the noble Lords, Lord Empey and Lord Rogan, have just said about the distinction in the term “victim” and the way in which it is used, I urge Her Majesty’s Government to think carefully about the implications of what is being suggested in the amendment, because of its timing and because of the place in which the noble Lord, Lord Empey, suggests that we should make this change. I underline again that I understand the distinction, and the difficulty of distinction, in the use of the word “victim”, but I express caution regarding the legislative process. I speak from constant work among the victims and survivors and after constant work and consultation with the organisations that represent them.

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The amendment is designed to put a sanction in place so that in the event that someone breaches the undertaking that they sign, whether as a Minister or as a Member of the Assembly, there will be a price to pay by that person, and they cannot be artificially protected by abuse of the “petition of concern” system that effectively means that the person’s own party could block any attempt to sanction that individual. If you are trying to build public confidence by getting people to make commitments—and I believe that many of the commitments are very positive—but there is no impact if you breach those conditions, they will lack credibility in the mind of the public. I beg to move.
Lord Rogan Portrait Lord Rogan
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My Lords, Clause 7, which deals with the pledge of office, has seven objectives. The first six are so self-evident that no government Minister in any democracy would not adhere to them whether or not they had taken an oath or a pledge. However, the seventh pledge in new paragraph (ck)—

“to accept no authority, direction or control on my political activities other than my democratic mandate alongside my own personal and party judgment”—

is somewhat different and indeed significant, given that the IRA Army Council still exists and that we were led to understand that it directs political Sinn Fein.

The Secretary of State has clarified in another place that an individual who refuses to give the undertaking will not be able to participate in Assembly proceedings or receive any of the privileges of office or salary. That is very welcome but somewhat different from what applies to Sinn Fein Members of the other place, who refuse to take an oath of loyalty to Her Majesty yet suffer no loss of salary or expense. We have a situation whereby a sanction and penalty for refusing to give an undertaking is in place, but the glaring omission in the Bill is that there is no process for investigating or, more importantly, providing sanctions for those who breach their undertaking.

Not all politicians may be as honourable as noble Lords. A process for investigating an alleged breach of the pledge would be helpful. Surely some penalty must be administered to those who wilfully break it, perhaps after being given orders from a six-man Army Council. I support the amendment.

Lord Trimble Portrait Lord Trimble
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My Lords, I indicate my support for this amendment, which, as my noble friend Lord Empey says, was tabled in the other place and debated there. I think it was tabled by Sylvia Hermon, the Member for North Down, and it is a very sensible provision. What is the value of these pledges and undertakings if they can be disregarded? There has to be some form of penalty or sanction available in the event of the undertakings not being honoured.

At Second Reading, the Minister gave two reasons why the amendment was not accepted. The second of the two reasons was to refer to established mechanisms by which the Assembly holds its Members to account, including adherence to the Assembly code of conduct and so on. This is like asking IPSA to take on such a highly political job as deciding what sanctions to apply to Members who take directions from paramilitary and terrorist organisations and so on. That is not a terribly good reason to give for not accepting this. The other reason the Minister gave was that:

“The Government are firmly of the opinion that it would not be appropriate for us at Westminster to pre-empt the Assembly’s own consideration of this issue”.—[Official Report, 12/4/16; col. 225.]

I can understand that—it sounds reasonable enough—but you then have to bear in mind that the likelihood of the Assembly agreeing to significant sanctions as things stand at the moment is round about zero, and maybe even less than zero. Therefore that, too, is not a good reason.

I also add a rider to say that one of the things that disturbs me about our Government’s attitude to the devolved Administrations—it is not just in Northern Ireland but comes across in their attitude to the Scottish Parliament and the Welsh Assembly—is that an exaggerated view of their position runs through all of this. This is the sovereign Parliament of the United Kingdom. We have devolved matters, but power devolved is power retained. At the end of the day responsibility in all these matters rests with Her Majesty’s Government. For the Government to say, “Oh, we’ll leave it up to the devolved Administration” might sound appropriate and diplomatic but it gives far too exaggerated a view of it. To see how at the end of the day that puts you in difficulty, just look at the history of Stormont. The same exaggerated view of Stormont’s position from 1922 onwards was taken by this House, and the result of that was not good in that it led the central Administration not to pay proper regard to what was going on and not to involve themselves in what was going on. If Government here had paid closer attention to it, we might have avoided the Troubles. That is a small point, but I hope the Minister will bear it in mind.

Finally, I understand the Minister’s desire to be diplomatic, on the basis that he is only being diplomatic, and I realise that it will not be possible to accept the amendment without losing the Government’s timetable to get this out before the end of the Session—and that is fine. Can the Minister then change his language slightly when he says that he will leave it to the Assembly to see what it does with regard to it? However, if the Assembly fails to take action on this matter, the Government will have to consider what they do.

Northern Ireland (Welfare Reform) Bill

Lord Rogan Excerpts
Tuesday 24th November 2015

(8 years, 11 months ago)

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Lord Rogan Portrait Lord Rogan (UUP)
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My Lords, I am pleased that welfare reform in Northern Ireland is at last being addressed and is moving forward. However, I deeply regret that it is happening in Westminster rather than Stormont, where it should rightly be legislated for. Nevertheless, it will allow a log-jam created by the intransigence of Sinn Fein/IRA to be broken. It will, I hope, permit the Northern Ireland Executive to move forward and at last provide opportunities for that devolved Administration to begin to address bread-and-butter issues, which, for far too long, have not been properly addressed in Stormont. Those are issues such as how we attract more overseas investment, how we help home-grown businesses to develop and expand, how we rebalance our economy with a greater private sector and more manufacturing jobs, how we better educate our young people and thus create an even higher skilled workforce, and how we provide an improved health service and healthcare—and, in doing so, reduce the lamentable waiting list. These matters should be addressed by the Northern Ireland Assembly, as should the whole matter of welfare reform. Why has welfare reform been given back to the sovereign Parliament in Westminster to legislate for? Is it because Sinn Fein/IRA could not be seen to weaken their stance on austerity, or is it, as the Member for North Antrim stated in another place, that the Northern Ireland Assembly is dysfunctional, unworkable and incapable of making decisions? It is here that these matters are being discussed and I regret that we have to legislate for what should have been a devolved matter.

We are where we are but let it clearly be noted that, yes, the Northern Ireland citizens are getting a better and fairer welfare package than the rest of the citizens of Great Britain, but these extra benefits are not being funded by the United Kingdom Exchequer; they are coming out of the Northern Ireland block grant. As the Parliamentary Under-Secretary of State, Mr Ben Wallace, stated in another place, while,

“those flexibilities may turn out to suit the people of Northern Ireland … The UK Government will not fund on top of the existing UK roll-out”.—[Official Report, Commons, 23/11/15; cols. 1104-05.]

It is clear that around £600 million will have to come out of the budgets of other Northern Ireland departments to finance this now-agreed welfare reform package. Who will bear this cost? Will it be, as I mentioned earlier, areas that desperately need improvement? Will it be education, the economy or health? It is regrettable that due to this rushed legislation these matters and other important issues could not be debated fully and clarified.

Much time and money have been wasted by the intransigence of Sinn Fein/IRA but I am glad that it has now done a complete U-turn and allowed this process to begin. I would much have preferred it if we could have achieved this in our own devolved Assembly, but that was not to be. So tonight let us collectively move forward and help all the people of Northern Ireland to have a fairer, better and, I hope, more prosperous and settled future.

Northern Ireland: Paramilitary Groups

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Tuesday 20th October 2015

(9 years ago)

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Lord Rogan Portrait Lord Rogan (UUP)
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My Lords, I also thank the Minister for repeating the Statement. I especially thank the noble Lord, Lord Carlile, and his two colleagues for the work they did in making this assessment.

The assessment clearly states that the Sinn Fein/IRA high command, the Provisional Army Council, remains in existence. It further states that members believe that the Army Council oversees IRA/Sinn Fein strategy. Past Army Council membership included senior Sinn Fein politicians. Do Her Majesty’s Government believe that the current Army Council includes Sinn Fein politicians? Further, following on from the noble Lord, Lord Trimble, what is the Government’s assessment of the role and purpose of the PIRA departments, as emphasised in the assessment?

Lord Dunlop Portrait Lord Dunlop
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I echo what was said about the reviewers. They bring great experience and integrity to the job they were given. The links between PIRA and Sinn Fein are long-standing and well known. As I said, I do not wish to speculate on further detail beyond what is in the assessment.

Northern Ireland: Political Situation

Lord Rogan Excerpts
Tuesday 8th September 2015

(9 years, 1 month ago)

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Lord Dunlop Portrait Lord Dunlop
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I thank my noble friend for those comments. I entirely agree that the whole purpose of these talks is to get all the parties round the table and to find a way through this very difficult situation. My noble friend mentioned austerity. I think it is worth putting all this into context. The Northern Ireland block grant is still higher in cash terms than it was in 2010 and is only 1% lower in real terms. I repeat that we need to put that into context. It does not diminish the responsibility of, and importance for, the Northern Ireland Executive and all the parties involved in it to undertake the measures to put Northern Ireland’s finances on to a sustainable footing for the long term.

Lord Rogan Portrait Lord Rogan (UUP)
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My Lords, I also thank the Minister for making this Statement. The noble Lord, Lord Alderdice—unfortunately, I thought—moved the probable link between elected Members and paramilitary groups into second place. No democracy can function if such a link exists. The chief constable of the PSNI stated that the military wing of Sinn Fein still exists. Elected Sinn Fein Members of the Assembly have constantly denied the existence of the Army Council, but the fact remains that 17 years after the signing of the Belfast agreement, the IRA still exists. It retains a command structure and its members continue to murder people on the streets of Northern Ireland.

I ask a simple question: do Her Majesty’s Government believe the chief constable or Adams and Gerry Kelly? If the Government believe their security forces, what purpose do they think the IRA Army Council serves? What is its current status?

Lord Dunlop Portrait Lord Dunlop
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As I said in my earlier remarks, the Government share the assessment of the chief constable of the PSNI, and that is why one of the two key focuses of this intensive talks process is to consider the implications of the existence of paramilitary structures —on both sides of the community—as part of this talks process.