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Mr. Deputy Speaker: Before resuming the Second Reading debate, I must advise the House that an amendment in lieu of the Lords amendment to the Local Government Bill, to which this House disagreed, has been received from the Lords. It will be considered at the conclusion of all proceedings on the Northern Ireland (Monitoring Commission etc.) Bill. Copies of the Lords amendment are available in the Vote Office.

Question again proposed, That the Bill be now read a Second time.

Mr. Dodds: It looks as though it will be a very long night indeed.

I was casting my mind back to the events of last October. The Castlereagh break-in happened on St. Patrick's day 2002. The facts about Colombia were emerging, as were revelations about high-level IRA involvement in the Florida gun-running plan, which involved the importation of arms. The Stormontgate affair was also taking place. All those contributed to a strong feeling that the IRA could not be part of the Northern Ireland Government as long as it retained its capacity and eagerness to carry out such activities. The IRA caused riots and mayhem on the streets of Northern Ireland over that summer, and engaged in all sorts of other nefarious activities.

The Prime Minister came to Northern Ireland and told us in a famous speech that a fork in the road had been reached. He said that the pressure was on the IRA to make up its mind. People waited to see what would happen.

It was not long before a process of negotiation and discussion began with IRA-Sinn Fein and other political parties. We had been told that there would be no more inch-by-inch discussions, but just such discussions began in an attempt to resolve the problems. The talks at Hillsborough and elsewhere resulted in the

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publication of the joint declaration and the attached documents dealing with on-the-runs and with the monitoring of paramilitary activity—the matter that is now before the House.

The crisis that brought about the fall of the Assembly was clearly the responsibility of the IRA but has led to a package of measures that is a litany of concessions to IRA-Sinn Fein. It covers some of the IRA's most cherished demands—that on-the-runs should not be pursued, and that border security installations be dismantled, even though mainstream and dissident activity is continuing.

Another demand concerned the future devolution of policing and justice powers. Such powers could have meant that Mr. Kelly—the Assembly Member representing the constituency that I have the honour to represent in this House—could become the Minister with responsibility for justice and policing. He said on television the other night that he was going to Letterkenny to participate in the jamboree celebrating the breakout by Maze escapees that resulted in the death of a prison officer. Mr. Kelly said that he was proud to have been part of that.

The feeling in the Unionist community can be imagined. I know that some hon. Members in other parties take time to visit Northern Ireland and talk to people. They know what is going on, but many others will troop through the Lobby tonight to vote for this Bill who do not understand the situation at all. They do not take the time to listen to people, especially in my community, to find out the strength of feeling on these matters. If they did, they would understand the community's anger and frustration at a joint declaration that is no more than a list of concessions to IRA-Sinn Fein.

IRA-Sinn Fein representatives have boasted about their participation in the Maze breakout. They have been involved in the intimidation of independent members of district policing partnerships. They voice mealy-mouthed apologies and explanations in respect of the disappeared, and—as the Chief Constable and others have noted—they are still involved in murder. How can we even contemplate a scenario that is intended to allow IRA-Sinn Fein back into government?

The hon. Member for Newry and Armagh (Mr. Mallon) described how some republican movement representatives had been glorified. The right hon. Member for Upper Bann (Mr. Trimble) rightly chastised sections of the media for that. However, what could confer more glory on such people than to bring them into the Government of Northern Ireland, or to try to bring about conditions under which they would once again be inserted into the Government of part of the UK? People in Northern Ireland cannot understand how hon. Members can say in this House that they are sickened at the glorification of Sinn Fein-IRA when those same hon. Members have pandered to the IRA agenda, released all IRA prisoners and destroyed the RUC at the IRA's behest. Those people have worked with IRA-Sinn Fein in government. They have put their representatives into the Government of Northern Ireland, and now they want to put them back there yet again. The hypocrisy is simply breathtaking.

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We are told that there is a need for action to be taken. I shall not rehearse the arguments about why the Government do not need this Bill if they want to act. The Government could have acted on many occasions in the past, but they refused to do so. The Social Democratic and Labour party could have taken action on many occasions in the past, but its members sat on their hands.

I am sorry that the right hon. Member for Upper Bann is not in his place. He berated the Government for their failings, but how many times have Ulster Unionist Members tabled motions to exclude Sinn Fein-IRA for ceasefire breaches and for not being committed to exclusively peaceful and democratic means? The right hon. Gentleman has highlighted some of what has gone on, but he and his colleagues ran away from Stormont rather than vote against IRA-Sinn Fein.

There is no need for the Bill. Action could have been taken, but was not. The Government still could act, but instead they have introduced this Bill. It will not work, and it is designed not to do so. Its procedures will be so cumbersome and lengthy that the Secretary of State's final decision on a complaint will take a very long time to produce. In that period, newspaper editorials and various pundits will urge people not to rock the boat. They will say that people are working together, and they will ask whether the price of excluding Sinn Fein is worth tearing down the edifice of the agreement.

We need a means for the Government to act swiftly and efficiently as soon as a complaint is brought to light, but I fear that the IMC is being established for the purpose of delaying action and distracting attention whenever the republican movement is in clear breach of its obligations.

I hope that the Minister of State, when she sums up, will deal with the past acts that have been mentioned—Colombia, Castlereagh, Stormontgate and so on. It would be useful to know whether the IMC will consider the outcome of those events, some of which have yet to be divulged by the relevant courts.

Article 4(b)(i) of the agreement between the Governments deals with the functions of the IMC and is very significant. It says that, in dealing with breaches by paramilitaries of their obligations in relation to criminal activities and all sorts of terrorism, the IMC is to assess whether the leaderships of organisations are directing incidents or seeking to prevent them. That is a significant get-out clause for Sinn Fein-IRA. They will argue, as they have in the past, that they are not the IRA and cannot be held responsible for the actions of the IRA.

When pressed, the IRA will make it clear that the actions in which it is alleged to have been involved and which may constitute a breach of its obligations were not authorised and were carried out by mavericks and local brigades. It will say that the actions were not authorised at high level and that it is working to try to stop those actions. It is written into the text of the agreement between the two Governments that the IMC has to have regard to that. That is a serious loophole and a get-out clause for Sinn Fein-IRA.

Over the past few days, the Chief Constable has made it clear that not just dissidents but mainstream Provisional IRA members were involved in intimidation and threats against independent members of district

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policing partnerships, and that is deplorable. Martin McGuinness came straight out to say, "That was not authorised and we are opposed to it." That is a classic example of what the IMC will face—an allegation made by the Chief Constable that clearly sets out the position versus a denial by Sinn Fein that it was involved in any way and a claim that it was trying to prevent it. We know what the outcome will be.

I fear that article 13(2)(iii) of the draft agreement between the two Governments could also open a major loophole in the provisions designed to deal with IRA-Sinn Fein. The article states:


One can well imagine that if, for example, a Castlereagh, Colombia, Florida or Stormontgate were to happen in future, any such incident would be likely to result, as those did, in legal proceedings. Are we to say that in such cases the commission "shall not do anything" that might have a "prejudicial effect"? That will seriously restrict the IMC in dealing with Sinn Fein-IRA, and that point must be clarified.

Other Members have dealt with the equation of political breaches with breaches by paramilitaries, so I shall not dwell on that, except to note that a number of speakers have made it clear that it is neither desirable nor acceptable. I hope that the Government will consider our amendments and reflect on the fact that attempting equality, for the sake of balance, between those of us who take a principled political stance and those who carry out terrorism and murder and undertake criminal activity, by meting out the same sort of discipline, is neither fair nor democratic.

When I intervened on the Secretary of State on clause 8, his answer was not clear. He did not seem to understand that clause 8 places restrictions that will make it harder for the Assembly to debate and vote on a motion of censure. Surely anything that restricts the right of the Assembly to deal with a vote of no confidence or of censure against a Minister or party in government is to be deplored. There is no logical reason for the clause being in the Bill, except to try to restrict opportunities for those of us who have tabled such motions in the past to highlight the glaring hypocrisy of Sinn Fein-IRA. The clause was not foreshadowed in the Belfast agreement or the joint declaration. I should be grateful for an explanation of where it has come from.

Clause 1(1)(b) deals with the IMC's role in monitoring so-called normalisation, which means the dismantling of security in Northern Ireland in order to address Sinn Fein-IRA's political agenda. A detailed timetable is set out on three pages of the joint declaration, giving a detailed list of exactly how much the Government have to do in tearing down security along the border and at other installations throughout the Province, leaving many people defenceless on both sides of the community at a time when dissident and mainstream republicans are very active, and when loyalist groups are active too.

It will be easy for the IMC to monitor that against the timetable, yet there is nothing on the paramilitary side but vagueness and aspirational talk. There is no detail and no timetable for the dismantling of the IRA. It will

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all be done in a cloak and dagger way. There is no provision to force the international decommissioning body to be upfront and public about acts of decommissioning. We shall have a charade in which so-called acts of decommissioning happen but no one knows what they are because the IRA has asked General de Chastelain not to reveal the detail. How very considerate of the general to accept what the IRA says. Whereas the dismantling of security will be all too visible and people will see security towers torn down and demolished and their security taken from them, anything that the IRA does is to be done in secret. That is totally unacceptable.

Other hon. Members have dealt with Dublin's involvement and the breach of sovereignty that the Bill constitutes, so I shall not go into detail on that.

The right hon. Member for Upper Bann promised us that monitoring and sanctions would provide a guarantee and build confidence among the Unionist community. He said that they would provide an opportunity to call to account those who breached their obligations on the paramilitary side of things. It is clear that they will do none of those things. They will provide no confidence for the Unionist community and will simply be a mechanism allowing the re-forming of an Executive of which IRA-Sinn Fein will be part and parcel. We are told that there will be the means to get them out, but the many people for whom I and other Members speak believe that Sinn Fein-IRA should not be admitted to the Government of Northern Ireland in the first place. It is time to stop allowing those people in and then saying that we are putting them to the test or trying to get them out. Every time we do that, it gets harder and harder.

Government should be for democrats. It is clear that the IRA still exists and is still wedded to the use of violence. Sinn Fein and the IRA are inextricably linked and there should be no question of allowing them back into the Government of Northern Ireland.


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