Justice and Security (Northern Ireland) Bill

My Lords, I thank the noble Baroness for that appropriate intervention, and I withdraw my remarks concerning colleagues from the DUP. The Opposition sincerely hope that the 26 March date will be achieved, but we have made it clear, along with others in Northern Ireland, that for devolution to work on a sustainable and durable basis requires all parties to abide by the same democratic principles. That has to mean support for the police, the courts and the rule of law. We welcome, therefore, the decision taken by Sinn Fein at its special party conference in Dublin at the end of January. I wish to make two points about that. First, in our view, there was never any justification for not supporting the police. Secondly, we on this side utterly deplore the smears levelled in recent weeks at the Royal Ulster Constabulary and its reputation. We should never forget the professionalism, bravery and sacrifice of the Royal Ulster Constabulary during and in the face of a vicious terrorist campaign that saw 302 officers murdered and many more maimed or injured. Quite simply, without the RUC there would not have been a peace process or the prospect of a better future for all the people of Northern Ireland that we see today. The Royal Ulster Constabulary, and now the PSNI, deserve our thanks and praise for their excellent professionalism and work. For all that, the overwhelming vote by Sinn Fein finally to back the Police Service of Northern Ireland is a welcome step forward. Words are, however, only the start. We now have to judge performance; evidence of actions on the ground demonstrating that the republican movement is matching words and deeds. There have been some encouraging signs, with Sinn Fein urging people from republican communities in general—and its own supporters in particular—to co-operate in the investigation of certain crimes. There was also the meeting last week between senior members of Sinn Fein and the chief constable, Sir Hugh Orde. But there are still some ambiguities over the types of crime on which Sinn Fein is asking its supporters to co-operate with the police. For example, in his statement on 30 January the Sinn Fein president made distinctions between what he called ““civic”” and ““political”” policing. Judging from recent comments by Gerry Kelly, it is still not clear whether mainstream republicans are willing to co-operate with the PSNI in investigating the activities of so-called dissidents. Nor has Sinn Fein indicated that it expects its supporters to co-operate in investigating past crimes. There cannot be an à la carte approach to supporting the rule of law. Sinn Fein needs to back the police in investigating all crimes—including the murder of Robert McCartney in 2005—and to give active encouragement to people from republican backgrounds to join the police force. We have heard some negative stories about that this afternoon. If this is all forthcoming in the next few weeks, then we believe that unionists would be doing the right thing in committing themselves to entering a power-sharing devolved Administration at Stormont. However, given the lack of trust that exists in Northern Ireland, we do not underestimate the obstacles that must still be overcome, particularly on the future devolution of policing and justice powers to the Assembly. That leads me to the one part of the Bill over which we have serious concerns—as do other noble Lords, particularly the noble Lord, Lord Trimble. Clause 42 amends the amendment to the Northern Ireland Act 1998 in the Northern Ireland (Miscellaneous Provisions) Act 2006 effectively to give the Secretary of State the power to establish a policing and justice department over the heads of the Executive and the Assembly. That makes a mockery of devolution. For the record, we have never been opposed in principle to the devolution of policing and justice provided that there is sufficient community confidence for it to take place. Surely, the right way to test such community confidence is to leave that matter to the Assembly on a cross-community vote, not to give the Secretary of State the vice-regal power to impose it whether or not the Assembly wants it. That is agreed by one or two other noble Lords. We shall see in Committee. We hope that these issues can be resolved by the parties once the elections are over. A devolved Government would mark yet another step forward in the transformation of Northern Ireland that has taken place over the past 15 years since John Major, with the help of my noble friend Lord Brooke and my noble and learned friend Lord Mayhew, embarked on the first steps of what was to become the peace process. Today, most people are able to go about their daily lives in a way that was simply unimaginable in the early 1990s. The organisation responsible for most of the killings during the Troubles, the Provisional IRA, has decommissioned its weapons, formally ended its campaign and appears to be committed to a peaceful and democratic future. In the words of paragraph 2.17 of the Independent Monitoring Commission’s report published on 30 January, which has already been quoted this afternoon: "““The directions from the PIRA leadership to members have remained clear and consistent. Terrorism and violence have been abandoned. Members have been instructed not [to] be involved in paramilitary activities such as weapons procurement, in criminality or in the use of force. The organisation had already moved a very long way, and it has continued to move in the same direction in the three months under review. Instructions from the leadership of this kind reflect the continuing commitment to the strategy of following a political path to which we referred in our previous report and which we are fully satisfied remains firmly in place””." As a result of all these developments, the Government have been able progressively to proceed with their security normalisation measures. Army bases have been closed; only last week we saw the dismantling of the watchtowers in Crossmaglen. The police are now able to patrol on foot in most parts of Northern Ireland. By the end of July, Operation Banner—the longest continuous active service deployment in the British Army’s history—will come to an end. With that, the Part VII powers of the Terrorism Act 2000, specific to Northern Ireland and intended to be temporary, will be repealed. The Conservative Party welcomes all this but, for all the progress, we recognise that Northern Ireland still suffers from problems requiring the main measures in the Bill. As the IMC made clear in its most recent report, dissident republicans, Continuity IRA and the Real IRA, which are opposed to the strategy on which Sinn Fein is embarked, remain a potent threat, particularly in areas such as South Armagh and Fermanagh. On RIRA, the IMC referred to heightened levels of activity: an attack on a police vehicle, intimidation, sectarian attacks and incendiary attacks on DIY and other stores. The IMC attributes a number of paramilitary incidents to the Continuity IRA. It is in no doubt that both organisations are seeking to recruit, train and develop new weapons. Members of the two main loyalist organisations, the UDA and UVF, remain heavily involved in criminal and paramilitary activity. Despite some improvements, the IMC notes that, "““the pace of movement has been slow””." There are still no indications that loyalist paramilitaries are prepared to decommission their weapons. In our view, the current levels of paramilitary threat in Northern Ireland more than justify this legislation, particularly the provisions giving additional powers to the Armed Forces and the police, and those relating to juries. While we all want a presumption in favour of trial by jury in criminal cases, we recognise that there will still need to be special provision for non-jury courts in certain circumstances. That is regrettable but necessary. However, we wonder, along with other noble Lords, whether the responsibility for issuing a certificate granting a non-jury trail should be for the Lord Chief Justice rather than the DPP; or, at the very least, whether the DPP ought to be obliged to consult and secure the agreement of the Lord Chief Justice before issuing a certificate. I suggest that we will have more of that in Committee. I note that the Criminal Justice Act 2003 requires the prosecution to apply to a judge for approval of a non-jury trial. We are also concerned, along with the noble Lords, Lord Trimble and Lord Smith of Clifton, about restorative justice and the systems being proposed. On the regulation of the private security industry, we welcome the fact that Northern Ireland is being brought into line with the rest of the United Kingdom. However, can we have an assurance from the Minister that the Security Industry Authority is fully equipped to meet the challenge posed by paramilitary organisations in Northern Ireland? What assurances can he give us that problems encountered with stewarding at sporting events in England will not occur in Northern Ireland? The Minister nods; he knows what I am talking about. On the clauses relating to the Northern Ireland Human Rights Commission, we question whether that body needs greater powers. When the commission chooses to involve itself in arguments over, for example, the 11-plus, there is surely more of a need for a clear definition of its responsibilities and the boundaries that it should not cross rather than increasing its scope, as the Bill does. In short—I am afraid that some may not like what I am going to say—we do not agree with much of what has been said on this subject in your Lordships’ House today and we look forward to continuing the debate in Committee. We will want to examine these issues in more detail. For now I reiterate that the Opposition recognise the need for the main provisions contained in the Bill and we shall support its Second Reading.