Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2009

My Lords, I regret that the hour is so late. The order before us needs to be debated this week and I judged it to be more convenient for most noble Lords to take the order this evening rather than tomorrow, but I apologise. We recognise that the absence of a completion to the decommissioning process has stretched the patience of this House to the limit. So in bringing before you a proposal to extend the scheme for a further year, the Government accept that we need to demonstrate the seriousness of our intent and the grounds for believing that actual decommissioning will result on this occasion when it has not previously. What is not in doubt is the common purpose in this House to secure an effective and lasting transition from the violence of the past to the society of the future, where illegal arms will not hold back communities because of the fear and potential for violence that they bring. The question is: what is the most effective way of bringing that about? The decommissioning process is not and never has been an alternative to vigorous police action against those who hold illegal weapons, whoever and wherever they are. In moving forward, it is really important that we should once again show a common purpose, show that the pressure to act is shared across this House, and show that the consequences of not acting will be clear. To achieve this end, we are proposing a different approach from that taken on the other occasions that extensions have been brought before this House. While we are debating an order which will extend the amnesty until 9 February 2010, I want to be clear what the Government intend. The Independent International Commission on Decommissioning has been asked to make a report to the British and Irish Governments in August 2009 and to report the extent to which they believe significant progress has been made. We do not consider significant progress to be about words or meaningful discussions. While these may be necessary steps, they are not now sufficient. We have established and watched with admiration the work of the IICD. The commission will be looking to secure progress on multiple fronts and we need to be able to reach a reasoned judgment based on the IICD’s advice in the autumn. Let me also be clear how we would proceed if the IICD advised us that the threshold for substantial progress had not been made. We would bring before the House a new statutory instrument which would set a new date for the closure of the amnesty scheme, much sooner than the February date provided for in this order. We would do that as soon as is practicable after the return of the House from the Summer Recess. These are practical and workable measures to ensure that this House can be assured that we will not take our eyes off the decommissioning ball. I understand that there may be Members who are asking why we believe that things will be different as a result of this extension, given previous disappointments. In response, I make it clear that progress is already being made, that the IICD is working to secure positive outcomes, and that while we know that nothing can be assured, it has told us that in its view the engagement taking place currently is of a different order and nature to that which has been the case hitherto. The fact is that the devolution of justice and policing is now moving closer, and this is therefore the last opportunity for the remaining paramilitary groups to join the rest of society in trying to build a shared future. Devolution is working in Northern Ireland. Local politicians are making decisions about the issues that matter to us all—jobs, schools and hospitals. We are all looking forward to the completion of devolution, when the Northern Ireland Assembly will also take on responsibility for justice and policing. If the voice of those seeking to represent loyalist areas is to be heard, the way forward is clear. Just as dialogue is not enough to meet the needs of this House in the coming months, it is also not enough to secure the protections in the legislation. Until a clear commitment to decommission is made in relation to specified arms, the full force of the law can be used against those who hold illegal weapons. The PSNI continues to pursue them vigorously. The arms find in north Belfast in October 2008 proves that the police take firm action against illegal weapons. When discovered, these weapons are tested forensically with a view to bringing legal proceedings where there is a case to answer. Against that background, I think that extension on the basis described strikes the right balance. While we all share the view that decommissioning can and should have been completed before now, we have to take the decision based on where we are today. We have to recognise that providing an additional means of removing illegal weaponry from society, in addition to the ongoing law enforcement effort, gives the potential to make greater progress. As we look to complete the devolution of justice and policing, so the pressure to recognise the new political realities is growing and being recognised more clearly than previously. We also make it clear that this really is the end of the track for those with illegal weapons. There can be no extension beyond February 2010 in any case, and we have committed today to draw this period to a premature close in the autumn unless the IICD comes forward with a report indicating that substantial progress has been made. I pay tribute to the members of the Independent International Commission on Decommissioning. Their continued efforts have played an important part in the progress that we see today in Northern Ireland. We all hope that they will report positive progress in six months’ time, including the decommissioning of paramilitary weapons.