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Mr. Alistair Carmichael (Orkney and Shetland): I think that the hon. Gentleman is absolutely right in his analysis of the words spoken by Lord Williams of Mostyn. However, I also think that Lord Williams is absolutely wrong. This is probably the most significant point that we will deal with today in relation to a Bill that may or may not ultimately have short to medium-term importance. Lord Williams was speaking about the exercise of a function by the Executive, but the Executive only have the powers that this place gives them. If this place declines to ratify an act by the Executive, that act is surely null and void. To that extent, when the hon. Gentleman says that something that the other place does by way of amendment would have no legal effect, he is wrong.

Mr. Mallon: I am not saying that. I was simply doing what any Member of Parliament would do by reading what a Government spokesman said. What he said was either right or wrong—I shall leave it to hon. and learned Members to sort that out.

The issue is important to me because when I read the draft agreement, I noticed one great omission. That has caused my difficulty because I would not have gone down this road at all were it not for that. Article 4 of the draft agreement specifies the things that are to be monitored, which include attacks on security forces, murders, sectarian attacks, involvement in riots, other offences, training and targeting. They all appear in paragraph 13 of the joint declaration, but there is one exception: organised crime.

Given Northern Ireland's post-ceasefire experiences, why has organised crime been omitted? Living where I live and coming from where I do, I can tell hon. Members that organised crime is the greatest source of benefit for paramilitary groups because it gives them unlimited money to follow their paramilitary activities and objectives and the money is also channelled into their political objectives. It perverts the society in which racketeering exists to the extent that it does in the north of Ireland and changes and perverts the approach in society. It has a long-term effect and it will take decades before parts of the north of Ireland recover from it, if they ever do. I have to ask again why there is such an omission and why I cannot make an amendment. When the lawyers sort this out, we shall see.

Mr. Donaldson: Is the hon. Gentleman aware that he can seek the leave of the House to table a manuscript amendment? He would have support on this side of the House if he tabled such an amendment, given that he has not already done so.

Mr. Mallon: The right hon. Member for Upper Bann smiled whimsically at me when he heard the hon. Member for Lagan Valley (Mr. Donaldson) saying that I might get support. The right hon. Gentleman sometimes recognises what that is worth.

I shall leave it to the lawyers to sort out the situation but in addition to defrauding the Exchequer, creating a mafia culture in our society and perverting the democratic standards for decades to come, organised crime will fill political coffers north and south of the border in a way with which the Bill should deal.

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There is a serious second issue, although perhaps it is not as dramatic. Again, no attempt has been made to deal properly with the failure to fulfil properly functions in the Executive. The joint declaration at Hillsborough said that the body


The words have been changed so that the draft agreement says:


There is a substantive difference. The question of the difference between the pledge of office and the duty of office has still not been resolved. It could have been resolved under the terms of the wording of the joint declaration at Hillsborough, in my view. Again, it is questionable. It is a legal matter. It cannot be done in relation to this, in terms of the pledge of office, rather than the duty of office.

I have already alluded to my third point and will not labour it. There is something weak inherently and something wrong fundamentally, when a political process has to go to a Secretary of State to sort out its problems and has to appoint commissioners from America, the Republic of Ireland, Canada, Finland—name any country in the world and we have commissioners from it—rather than sorting it out ourselves. I very much regret that the cross-community support element can be superseded by a decision of the Secretary of State. I think that I understand the reason for it—I am sure I do—but it tells us something about ourselves.

Mr. Dodds: Does the hon. Gentleman think it is right that those who are supposedly or allegedly in breach of political obligations should be treated in the same way and possibly have the same sanctions applied against them, for taking a principled political position, as those who are alleged to have taken part in criminal or terrorist activity or who are associated with those who do? Is it right that the same sanctions should be applied in both cases?

Mr. Mallon: The hon. Gentleman is asking me to quantify guilt. The reality is that it is not possible. If he is asking me whether it is as damaging, it is not—that is obvious—but is it in the best interests of the political process?

I leave it to people to try to resolve at some time the distinction between the pledge of office and the duty of office, because until we do it will be a running sore.

Mr. Peter Robinson: The hon. Gentleman is on record that, during the lifetime of the Executive, he sought to have excluded from the Executive my hon. Friend the Member for Belfast, North (Mr. Dodds) and me because we would not sit down at the Executive table with Sinn Fein, yet at the same time the hon. Gentleman did not go after Sinn Fein and its association with the IRA. How could he try to have the Democratic Unionist party, as democrats, removed but not Sinn Fein?

Mr. Mallon: For obvious reasons, I did not table anything in relation to the hon. Gentleman's position. I

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did not table anything in relation to the Sinn Fein position. As I said earlier, I made an offer that failed on both counts but surely when there is a failure properly to fulfil the duties that are required, as in attending North/South Ministerial Council meetings, that is a breach of the duty of office, however one semantically argues about the pledge of office.

Rev. Ian Paisley: The hon. Gentleman is on record that the agreement was to bring about an inclusive Government. I have heard him say it, I have heard him preach it. Why now is he so anxious to exclude people who are not engaged in violence, who are not leading people on to kill one another but simply want to have the basic democratic principles upheld, which are, as set out by the Prime Minister, that one is not expected to sit down with people in Government and pretend that one can do something, because one must have faith that everyone in that Government has said goodbye to violence and wants democracy to have the ascendancy?

Mr. Mallon: I do not want the exclusion of the hon. Gentleman's party or any party. I want the adherence of all parties to the title duties required in the political arrangement and the agreement, and the adherence of all parties to the crucial point of non-violence. I want a situation in which the hon. Gentleman's party and all political parties in the north of Ireland are inclusively involved in trying to create something that is new and that can give us a new way of life. I am confident that that can happen, and to maintain that confidence I have to believe that inclusivity means serving in an Executive, an assembly, committees and every walk of political life with people whom one may not particularly like, including those who in the past have carried out atrocities. That is what inclusivity means, and that is the moral quagmire that I spoke about earlier.

We must consider which is the more powerful position—not moving out of the moral quagmire because of one's perception of one's own rectitude or having the courage to move out of the moral swamp, and biting one's lip as one goes to do something that will put an end to the swamp. It is easy for all of us to become self-righteous and stay in the swamp because of our beliefs, principles and self-righteousness. However, people of courage get out of the swamp and do difficult things like trying to reach an accommodation, even with people whom they find revolting. That is the challenge that we face, and that is what this is all about.

Finally, I shall return to the good people in the north of Ireland in all political parties who, I hope, will shortly have the opportunity in an election and subsequently to get out of that moral quagmire. If they do so, their contribution to this period of Irish history will be enormous.

4.42 pm

Lembit Öpik (Montgomeryshire): I expressed reservations about the allocation of time motion in our first debate, but I am now concerned that if everyone who wishes to speak in this debate does so we will not complete Second Reading before 10.27 pm. However, we will see what happens.

I should like to underline something that arose in our discussion of the motion that is relevant to Second Reading and has direct implications for the process that

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we are debating. My biggest reservation about completing all the Bill's stages in one day is the fact that it leaves no time for reflection between Second Reading and Committee, and between Committee and Report. Quite apart from the fact that the purpose of the Report stage has been virtually invalidated, it would have been better if the Government had allowed themselves room to manoeuvre on something that is evidently contentious. On balance, they could have saved time by allowing us to have the sort of dialogue that the hon. Member for Grantham and Stamford (Mr. Davies) said would be helpful.

Notwithstanding my reservations, I should like to set out the Liberal Democrat view of the Bill, highlighting the things with which we agree and areas that, should we reach a discussion of amendments, we may be able to discuss in more detail.

First, I must take issue with something that the hon. Member for Grantham and Stamford said. He described, as he often does, the five cardinal sins committed by the Government with regard to Northern Ireland policy. I humbly suggest that the one cardinal sin that he committed was to attempt to take credit for other people's ideas. He said that on 16 July last year he proposed the arrangements that we are discussing today. I am sure that he will remember that 12 days previous to that, around 4 July 2002, the sister party of the Liberal Democrats, the Alliance party of Northern Ireland, suggested something similar in the Hillsborough talks. I am sure the Alliance party of Northern Ireland would welcome the Conservatives' support for the idea, but it a bit cheeky for the Conservatives to suggest that they came up with it first, when the Alliance party has consistently suggested such ideas, perhaps not realising that it was being watched so closely from across the water.


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