Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010

My Lords, perhaps I may first make it abundantly clear that my party, the Ulster Unionist Party, is not and never has been against the transfer of policing and justice back to Stormont. In fact, as the noble Lord, Lord Glentoran, pointed out, in March 1972 the Ulster Unionist Party led by Prime Minister Brian Faulkner could not accept the removal of policing and justice, which was why the Stormont Parliament was prorogued. As the shadow Secretary of State mentioned in another place yesterday, the Ulster Unionist Party had a number of genuine and legitimate concerns about the workings of the Executive as a proper four-party coalition. We were not alone in our frustration. The other party that has Ministers, the SDLP, has similarly expressed dismay at being excluded from the decision-making process. Our current position is that policing and justice are too serious an issue to be transferred to an Assembly and especially an Executive that to date have not shown themselves to be qualified to take on this hugely important responsibility. While I recognise that the secret deals of some and the perhaps naive good will of others will bring about the devolution of policing and justice, I cannot understand the means by which the Government have gone about the task. I have spoken to members of the PSNI, members of the Policing Board and others in the legal profession without anyone being able to tell me what the structure of the proposed new arrangements will be. I agree with the noble Lord, Lord Maginnis, that planning and preparation should be the essential, fundamental element in this exercise, yet we have seen no evidence that the structures and channels of command and responsibility are in place. While we speak of policing and justice in generic terms, it is surely not beyond the realisation of this Government that we have an inefficient Public Prosecution Service, a Prison Service whose members are screaming to have governors replaced and a police service that has yet to establish an effective working relationship with MI5. I am concerned that whereas the Garda Siochana in the Republic appears able to deal effectively with the dissident IRA—catching, charging and sending its members to prison—we do not seem to have similar success in Northern Ireland. It is all very well for the Secretary of State to play around with promises or, indeed, threats regarding the £800 million, but we do not know exactly for what that considerable sum is intended. Unfortunately, the Northern Ireland Assembly has to date been clearly dysfunctional—with little evidence of corporate responsibility among Ministers, the Executive having been suspended for nearly six months and an Education Minister who is clearly sectarian in her attitude to state education. To date, there has been not a single discussion or even a single word spoken between the Executive members as to how these powers will be executed. In conclusion, I ask the Minister whether she can tell us exactly what safeguards have been considered and whether they will be implemented before 12 April. Will she explain exactly what will happen on 12 April if the dissident IRA launches a co-ordinated attack on human and economic targets? Surely these issues have been decided. If not, I fear that we are embarking on an ill conceived plan as far as command and control are concerned.