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8.1 pm

Mr. Andrew Hunter (Basingstoke): I empathise considerably with the hon. Members for South Antrim (David Burnside), for Lagan Valley (Mr. Donaldson) and for Belfast, South (Rev. Martin Smyth) in their present political predicament. I found myself somewhat distant from the Conservative party over the Belfast agreement and matters flowing from it. I substantially agree with what those three hon. Members have said.

Because of the pressure of time—we have spent a long time on Second Reading—and the fact that the salient features have been well and truly covered, not least by my hon. Friends the Members for Belfast, North (Mr. Dodds) and for Belfast, East (Mr. Robinson), I shall keep my comments to the barest minimum.

According to some media reports that I have heard and read, the provisional republican movement is unhappy about the proposed monitoring commission, fearing that it may lead to the exclusion of its leadership from political office. At first sight, that might therefore suggest that the proposed commission has some merit. The prospect of at last being able to exclude from political office those who have continually demonstrated that they are not exclusively committed to non-violence and democracy is an appealing prospect. However, as we have heard from many hon. Members, on closer observation, the proposed commission fails to inspire confidence. It will be ineffective for a variety of reasons; cumulatively, because it does not in itself contain the authority to exercise its own judgments and conclusions.

The Government make much of the swift establishment of the monitoring commission as a key element in what their press release of 4 September says is intended to rebuild the


However laudable that objective may be, the Bill as it stands will not help to achieve it.

We can be forgiven for having lost count of how many commissions have been created in recent years. There has been the Patten commission, the Parades Commission, the Human Rights Commission, the

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Equality Commission, the Independent International Commission on Decommissioning and perhaps others. One can cynically wonder what rational grounds there are for thinking that this commission will fare any better than the others.

The proposed IMC is fundamentally flawed for all the reasons that we have heard. I do not propose to enumerate them at any great length. The Irish dimension has been mentioned a great deal. There is no justification whatever for allowing this intrusion into what should be reserved as strand 1 matters.

It is the Government's adherence to what they call "demilitarisation", to be monitored alongside terrorist decommissioning, that disturbs me most. Let us be clear. This is not a confidence-building development; it is a confidence-destroying development. The draft agreement asserts parity between the legally constituted security forces of the state and weapons illegally held by illegal terrorist organisations. Such parity is totally unacceptable, politically irresponsible and, arguably, morally wrong because no such parity can or should exist. No wonder that some conclude that the commission appears designed to ensure the speedy reduction in security as promised to the IRA by the Government and apparently endorsed by the pro-agreement parties.

Secondly, and significantly, the origins of the new body lie in the discovery of the IRA's spy operation at the heart of Stormont. Rather than dealing solely with Sinn Fein-IRA, as they should have done, the Government decided to suspend Stormont and punish every party for the wrongdoing of one. To compound matters, in the face of overwhelming evidence of continuing terrorist activity, the IRA was then rewarded with the joint declaration. This Bill compounds that injustice. Why should the Northern Ireland political parties that have no connection whatever with terrorist organisations but which, on the basis of their democratic mandate, declined to participate in a Government surrender to terrorism be subject to the same punitive regime as Sinn Fein-IRA? No comparison can or should be made between parties exclusively committed to the principles and practice of democracy and those that are a political front for unreconstructed terrorist organisations.

Thirdly, there is nothing whatever in the draft agreement—or, equally significantly, outside it—to give any confidence at all that the Government might use the power to exclude parties in the event of a negative finding by the commission. Despite having had the power throughout the period of devolution to refer to the Assembly a motion for the expulsion of republicans, the Government never did so, regardless of the ongoing violence sanctioned and authorised by the Sinn Fein-IRA leadership. In the light of those developments, does anyone seriously believe that the Government, having started more than 10 years ago a process that sought to bring the republicans to the centre stage of Northern Ireland politics, will now in any circumstances take action to remove them from the Executive? I very much doubt it.

The Government's actions over the past few years have themselves destroyed confidence in the process. Nor can Unionists take seriously the claim that this proposed commission will remove Sinn Fein from government when, before any action can be taken, the

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commission will have to report to a Northern Ireland Assembly in which there is an inherent nationalist right to veto.

The creation of this commission can and will be no more successful in removing terrorists from government than the current so-called exclusion mechanisms. Quite frankly, it is now too late for the Government to restore confidence in a discredited process. The Bill will certainly not achieve that objective. Confidence can be restored only by elections followed by a fundamental renegotiation of the basis for agreement.

8.9 pm

Mr. Quentin Davies: I think that it might be in the interest of the House, given the limited time that we have—

Mr. Deputy Speaker (Sir Michael Lord): Order. If the hon. Gentleman wishes to wind up the debate, he will need the leave of the House.

Mr. Davies: With the leave of the House, Mr. Deputy Speaker, I am grateful for the opportunity to speak. I think that it will be in the interest of the House if I forgo the right to wind up the debate. We have had a good, if predictable, debate. As the Secretary of State said, the Bill is complex and important. We unfortunately have limited time in which to do it justice, so I think that we should make progress without further ado.

8.10 pm

The Minister of State, Northern Ireland Office (Jane Kennedy): A number of points and questions have been put during the debate, so I cannot reciprocate the speed of the hon. Member for Grantham and Stamford (Mr. Davies).

I associate myself with the remarks made by the hon. Member for Belfast, East (Mr. Robinson) when he referred to my hon. Friend the Member for South Down (Mr. McGrady). I hope that my hon. Friend the Member for Newry and Armagh (Mr. Mallon) will convey to his colleague the profound sympathy and condolences that I am sure that not only my hon. Friends and I, but hon. Members of all parties would wish to express. That is likely to be the only occasion this evening on which I shall achieve unanimity in the Chamber.

I hope that the hon. Member for Grantham and Stamford will accept that my comments will be made affectionately, if not entirely respectfully. He entertained us by storming and raging at the inadequacies of Her Majesty's Government. Indeed, my right hon. Friend the Secretary of State said that he evoked a college of cardinals, so great was the number of cardinal sins committed by Her Majesty's Government. However, his wisdom and perspicacity know no bounds. I ask him to consider the fact that I frequently think about his colleagues, the hon. Member for East Hampshire (Mr. Mates) and the right hon. Member for North-West Cambridgeshire (Sir Brian Mawhinney), and their time as security Ministers when thinking about some of the difficult issues that my colleagues and I have to consider, sometimes on a daily basis. It is not difficult to talk the talk of peacemaking—we often do that in the House. However, it is much more difficult to walk the

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walk, and I have learned the truth of that. It is difficult to engage with those for whom it is anathema to engage but we do so for the sake of those whose lives we are responsible for and to secure a peaceful and safe society. Sometimes our efforts are successful and sometimes they are less successful than we would want, but they are nonetheless sincere.

I shall try to respond to several questions that were asked by my hon. Friend the Member for Newry and Armagh and other hon. Members. My hon. Friend asked whether the monitoring commission may receive functions from the Bill, and a great amount of debate was caused by what I am sure he meant to be a helpful suggestion. The model that we have chosen will set up the commission by international agreement. Indeed, in the other place, my noble and learned Friend Lord Williams of Mostyn referred specifically to clause 1, which defines the agreement referred to. Amending that clause would not confer functions on the commission because of the way in which it is drafted. Of course, Parliament could confer functions on a commission in the UK if it wished but that is not the model that we are following. As I said, we have chosen to set up an international commission that will receive its functions through the agreement.


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