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14 Feb 2000 : Column 718

Northern Ireland

11.21 pm

The Minister of State, Northern Ireland Office (Mr. Adam Ingram): I beg to move,


The order appoints 23 May 2000 as the date before which the amnesty period identified in a non-statutory decommissioning scheme must end. The amnesty period is the time during which firearms, ammunition and explosives can be decommissioned in accordance with the scheme, thereby attracting both the amnesty and prohibitions on evidential use and forensic testing of decommissioned items provided by the Northern Ireland Arms Decommissioning Act 1997.

Section 2 of the 1997 Act requires that a scheme must set out the amnesty period, and that it must end before 27 February 1998--which was the first anniversary of the Act's passage--unless the Secretary of State, by order, appoints a later day. When she was Secretary of State for Northern Ireland, my right hon. Friend the Minister for the Cabinet Office made two such orders. Under the order made last year, the amnesty period will expire at midnight on 23 February 2000.

The purpose of the order that we are now considering is to extend that period until midnight on 22 May 2000. That date derives from the time frame set out in the Good Friday agreement for the decommissioning of all paramilitary arms.

Mr. Desmond Swayne (New Forest, West): Why does the Minister expect paramilitaries to give up their weapons when they are clearly able to achieve a substantial number of their objectives, particularly prisoner releases, without giving up anything at all?

Mr. Ingram: We are debating a very serious issue, and facile comments of that nature add nothing to an increasingly difficult and sensitive matter. I could, of course, point out that the order that we are debating comes on the back of legislation that was passed by Conservative Members when they were in government. I could point out the significant number of prisoners were released under the Northern Ireland (Remission of Sentences) Act 1995, which was passed by Conservative Members when they were in government and there was no ceasefire, but who, nevertheless, received the support of Labour Members when we were in opposition. A serious and genuine debate on the release of prisoners is possible, but not on the back of silly points such as the hon. Gentleman's.

Since the first order was made back in 1998, a great deal has happened in Northern Ireland, central to which has been the Good Friday agreement and its implementation. In that period, more political progress has been achieved than many people ever thought possible.

However, as hon. Members will be well aware, this evening's debate is taking place against the backdrop of a recent setback for the political process in Northern Ireland. On Friday, my right hon. Friend the Secretary of State, faced with the reality that cross-community confidence in the devolved Government could not be sustained, had no

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option but to suspend its operation. He did so after a great deal of very careful consideration and using the powers given to him by the House last week.

Friday was in many ways a sad day for Northern Ireland, but by acting as he did my right hon. Friend averted a serious crisis by preserving the institutions in order that they may be restored as quickly as possible, as we all hope they will be, and on an even firmer foundation than before.

The Government understand and share the disappointment felt by many people in Northern Ireland. For many of us, the disappointment is even greater because we have glimpsed the future. We have seen how the elected representatives of Northern Ireland can work together in a devolved Executive, tackling the issues that people care about: health care, jobs, the environment, education and other issues that are equally important to the everyday lives of people in Northern Ireland. We have seen sensible and accountable north-south structures being operated successfully by both sides of the community. We have seen the new British-Irish Council being received with enthusiasm by all the Administrations involved. We have seen what the Good Friday agreement, implemented in full, can deliver. Now that we have seen the future, none of us wants to retreat to the past.

That is why we must press on to resolve the real difficulties that exist and restore full cross-community confidence in the institutions. My right hon. Friend had meetings today with the Irish Government and with the parties, and will spare no effort in order to find a way forward.

The way forward is, of course, the implementation of the Good Friday agreement--every aspect of it, in full. There will never be a better agreement. It has the support of the people of Ireland, north and south, and it is now the collective responsibility of the Governments and the parties to deliver.

The subject of the draft order--decommissioning--is a central element in the process. The absence of progress on decommissioning contributed substantially to the decline in trust and cross-community confidence in Northern Ireland. Clearly, if that confidence is to be restored, progress needs to be made on this aspect of the agreement, just as it has been on every other aspect. People need answers to the legitimate questions posed by the hon. Member for Newry and Armagh (Mr. Mallon): will decommissioning occur and, if so, when?

In order for the commitments on decommissioning to be fulfilled in accordance with the terms of the agreement, the Government must also play their part. In the agreement, the two Governments undertook to take all necessary steps to facilitate the decommissioning process, including bringing the relevant schemes into force by the end of June 1998, which we duly did. If we are to fulfil our commitment under the agreement, it is essential that we extend, through this order, the period during which the scheme may declare an amnesty.

Of course, that will not deter the security forces in Northern Ireland and the Republic of Ireland from continuing to use all the powers at their disposal to locate and recover illegally held armaments. I pay tribute to the Royal Ulster Constabulary and the Garda Siochana for their continuing efforts to frustrate those wedded to the violence of the past.

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The Government have consistently made it clear to Sinn Fein and to the loyalist parties that decommissioning is an obligation under the agreement and that it must happen.

Mr. David Wilshire (Spelthorne): Will the Minister address more clearly the reasons why the Government have chosen 25 May? He rightly says that it is because of the agreement, but is it a bargaining chip or a genuine final deadline after which there will be no amnesty?

Mr. Ingram: The order has been before the House on two previous occasions, each time moving the date forward. We have clearly chosen 22 May--not 25 May--because that is set out in the Good Friday agreement. That is consistent and right, and sets decommissioning in its proper context and time scale in relation to the amnesty.

Mr. Douglas Hogg (Sleaford and North Hykeham): Is there a similar decommissioning scheme in the Republic?

Mr. Ingram: Yes. As part of the Government's commitment to the full implementation of the agreement, it is essential that we continue to provide the means by which terrorist weapons can be taken out of circulation. That view is shared by people in the Republic of Ireland.

The order is essential to the arrangements that I have set out.

Mr. William Ross (East Londonderry): What is the terminal date on the Irish Republic's decommissioning scheme?

Mr. Ingram: I am not answerable for legislation in another jurisdiction. The period there is open ended and is not renewable as in our legislation, because of the different structures in the two jurisdictions. It is for that jurisdiction to decide how best to apply laws to achieve the objectives set out in the Good Friday agreement; but we act in concert and seek to achieve the same objectives.

That is what the order is designed to achieve. I commend it to the House.

11.32 pm

Mr. John M. Taylor (Solihull): This is not a game; historically, it has been deadly. The order is unexceptionable as far as we are concerned. We must emphasise the absolute imperative of actual decommissioning by all paramilitaries before restoration of the Executive and the other institutions. We urge the Government to stand firm. If they do, they will have our support. It is logical to make the end date of the order coincident with the end date under the Belfast agreement.

As a general proposition, which must command the widest--and international--recognition, it is simply unthinkable for some participants in a democratic process to have access to arms and for others, obeying the law, to have no such access. That is anathema to democracy. We will support the order.

11.34 pm

Mr. Jeffrey Donaldson (Lagan Valley): The Minister referred to the political crisis in Northern Ireland. We regret the fact that the various terrorist organisations have not honoured their obligations under the Belfast

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agreement and that there is a fundamental flaw in the process--a flaw that my party argued against during the passage of the legislation--in that the democrats are punished along with those who are in default and the institutions of government in Northern Ireland are brought down purely on the basis of the failure of terrorist organisations to decommission their illegal weapons. I hope that during the period of any review that now follows the Government will address that flaw and deliver on the firm commitment that the Prime Minister gave my right hon. Friend the Member for Upper Bann (Mr. Trimble) when, on 10 April 1998--the day the agreement was signed--he wrote to my right hon. Friend indicating that if the provisions in the agreement for the exclusion from office of those who had failed to give a firm commitment to exclusively peaceful means were inadequate, the Government would support changes to those provisions to ensure that they were made adequate.

When one of the parties to the agreement is in default--the republican movement--and when the consequences of that default impact on all the political parties and the people of Northern Ireland, because of the suspension of the institutions, it is clear that the provisions for exclusion are inadequate. I urge the Government to address that issue, so that if the institutions are re-established and power is once again devolved to Northern Ireland, it can no longer be held to ransom by any single organisation. The flaw cannot be allowed to persist.

The order before the House provides for the extension of an amnesty for those who decommission their illegal weapons. Sadly, to date, only one organisation has engaged in any act of decommissioning--the Loyalist Volunteer Force. None of the other mainstream terrorist organisations have decommissioned so much as a single bullet. The decommissioning body, in its report to our Government and to the Irish Government on 31 January, made it clear that there had been insufficient progress on decommissioning, and the Government moved on Friday to suspend the institutions. However, many people in Northern Ireland find it difficult to understand why those organisations that are in default on decommissioning still continue to benefit from the early release of prisoners, in spite of the fact that one of the criteria in the Northern Ireland (Sentences) Act 1998 provides that the Secretary of State must take into account whether a terrorist organisation benefiting from prisoner releases is fully co-operating with the Independent International Commission on Decommissioning. It is clear that none of those organisations are fully co-operating with the commission. As we approach the deadline of 22 May, none of them have started to decommission, bar the Loyalist Volunteer Force. That cannot be sustained indefinitely.

When there has been no decommissioning by 22 May, will we find that the prisoner release scheme will continue until all the prisoners have been released by the end of July? Will the Government allow that situation to continue? The Government have a lever that they can use with the terrorist organisations, but they are not using it to its full potential. The Government should use that bargaining tool to more effect than they have so far done. We need a carrot and a stick, and at the moment it appears that the stick is not being used for the republicans.

General de Chastelain, the independent chairman of the commission on decommissioning, has made it clear publicly and in his reports that the decommissioning of

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paramilitary arms requires the destruction of these arms. Those comments were contained in his report to the two Governments last year and have been repeated since.


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