Justice and Security (Northern Ireland) Bill

I remember dealing with this, or referring to it on Second Reading. I emphasisethis point, so that there is no misunderstanding. Clause 42, which is a long clause, and Schedule 5 add an additional possible model for the department of justice to those currently available to the Assembly. It is for the Assembly to choose the model it considers most appropriate. Unusually, the Secretary of State has taken a power to bring forward a draft Order in Council to impose this model as a measure of last resort—it is not our choice, nor is it the first choice, which would be for the Assembly to decide—if the Assembly proves unable to agree on a model, because we would not want that failure to agree to impede progress. Schedule 5 confines possible candidates for the Minister and Deputy Minister posts in this departmental model—I emphasise, it is this departmental model—to members of the two largest political designations in the Assembly. That is the means by which we are attempting to secure cross-community confidence in the ministerial arrangements. This amendment would remove that stipulation. The inclusion of a Deputy Minister post in this model is intended as a temporary measure. It is there to promote confidence in the arrangements in the early days of the devolution of policing and justice, but the Government’s hope is that it will not be required in the longer term. That is why the Bill includes a power for the Secretary of State to bring forward a draft Order in Council to abolish the post three years after devolution, unless the Assembly itself decides that it should go before or remain beyond that date. It will be the Assembly’s decision. It is open to the Assembly at any time to put different departmental arrangements in place. Review is built into the system and change is within the Assembly’s power. I understand the purpose in tabling the amendment. It is because the arrangement in this model precludes members of the Alliance Party from taking a justice post. I know that the leader of the party has raised that point with the Secretary of State, but, as I have said, the purpose of the Deputy Minister position is to provide a counterbalance to the other Minister who is drawn from one of the two largest designations. I emphasise again that this stipulation applies only to this model, not to a department headed by a Minister selected through the d’Hondt system, or one based on any of the three models set out inthe Northern Ireland (Miscellaneous Provisions)Act 2006. In other words, the models are there, which would allow the situation that the noble Baroness described to become a reality. In the Northern Ireland (Miscellaneous Provisions) Act models, it would be open to the First Minister and Deputy First Minister, acting jointly, to nominate a member of the Alliance Party or another party of the centre ground for a ministerial post, subject to cross-community support in a vote. Of course, this is something the Assembly may wish to take into account when considering which model to adopt. Obviously we acknowledge the spirit of the amendment, but there are already sufficient departmental models that are not restricted, and there are particular reasons why the one currently before the Committee should remain restricted. As I said, it is not our first choice; it is the last resort if the Assembly cannot agree which of the models to choose. We do not want that failure to impede progress towards devolution when the appropriate time comes.