Constitutional Reform and Governance Bill

Like other hon. Members, I welcome new clause 22, which includes provisions to reduce the 30-year limit and so on. However, I am concerned, as I said in an intervention on my right hon. Friend the Justice Secretary, about new schedule 1, particularly the provisions affecting Northern Ireland. I should like to explain my reservations. Paragraph 5(4) of new schedule 1, would add several new subsections to section 63 of the Freedom of Information Act 2000. It states, for example, that""information contained in a historical record cannot be exempt information by virtue of section 36 except"—" and this is one instance—""in a case falling within subsection (2)(c) of that section where the prejudice or likely prejudice relates to the effective conduct of public affairs in Northern Ireland."" Similarly, proposed new subsection 2B says that compliance applies""except where the effect…falls within subsection (2)(c) of that section and relates to the effective conduct of public affairs in Northern Ireland."" My right hon. Friend suggested that the purpose was to protect the business of the Northern Ireland Executive. The business of that Executive, or the conduct of their business, is not referred to specifically, but there is a wide descriptor of the likely prejudicing of the conduct of public affairs in Northern Ireland. Many people will be concerned that if the measure is used in relation to historical information in general, and is not specifically linked to the conduct of the Executive or anything else, it could be used to impede requests for information that may well be relevant, particularly in investigations of how Northern Ireland deals with the past on the basis of the Eames-Bradley and any other proposals. Measures could be taken to prevent the release of information that might simply be embarrassing to Ministers or to people involved in the political process as it is now in Northern Ireland, because it might reveal or expose some of their previous involvement in untoward and less constitutional activities. Many people will be deeply concerned that that language can be used to provide a sweeping exemption and protection in relation to historical information that it might be valid to seek. I hope that the House will not inadvertently be lured into allowing such a sweeping exemption on the grounds that that the provision is designed purely to protect the conduct of the business of the Northern Ireland Executive. The measure appears to go much wider than that, and at no point is the Northern Ireland Executive specifically mentioned in the new schedule. I hope that that is something that my right hon. Friend can address. Some of us have experience of trying to use Freedom of Information requests to find out what was, or was not, agreed or understood in relation to possible side deals. It was in the public interest to know whether there were side deals and hidden understandings, because many people had objections and suspicions at different stages of the Northern Ireland peace process. In the past—as a party, we have always pushed the process forward, trying to reach agreement and upholding the institutions that were agreed and ratified—our requests were refused on the grounds that they dealt with sensitive political matters. That was simply not credible, and it was fairly insulting, so I would not wish to give further licence to the notion that a British Minister could tell me that I did not have the right to receive clear information about the conduct of political affairs in the devolved realm as it applied to me as an elected representative in that devolved realm, because they had done some other deal with someone else and were too embarrassed to allow that side deal to emerge. I hope that my right hon. Friend recognises that sustaining our institutions in Northern Ireland and taking them forward requires transparency as much as secrecy and the protection of any sort of covert political deals. I urge my right hon. Friend, too, to address paragraph 6 of the schedule, which would insert into the Freedom of Information Act new section 80A, which relates to information held by Northern Ireland bodies. It states that the new section applies to information held by""the Northern Ireland Assembly…a Northern Ireland department, or…a Northern Ireland public authority."" It goes on to make it clear that we are talking not about 20 years but 30 years, and it lists other exemptions and outs. If that is for the purposes of protecting the business of the Northern Ireland Executive, why are there references to the Northern Ireland Assembly, Northern Ireland Departments and Northern Ireland public authorities? Was the Assembly consulted on the reference to it? Section 36 of the 2000 Act says that the Speaker of the Assembly is the relevant officer, so were he and the Northern Ireland Assembly Commission consulted? If not, what right does the House have to proceed with this, if there has been no approval, agreement or assent? Similarly, were the Northern Ireland Executive or the Office of the First Minister and Deputy First Minister consulted on the provision for Northern Ireland Departments and public authorities, or is it based purely on the surmise and advice of the Secretary of State for Northern Ireland? The Government rightly chose to exempt Cabinet papers not for 30 years, but only for 20, and it would be bizarre if all the affairs of Northern Ireland Departments, public authorities and the Assembly—meaning the information that the Speaker holds—were to be exempt for 30 years. There is no credible reason why they should be, and the public and, I am quite sure, the press in Northern Ireland would be deeply suspicious of that. They would certainly be very suspicious if the provision, having been microwaved out of wherever, passed through this Parliament without any of us from Northern Ireland speaking up to question it.