The
Committee consisted of the following
Members:
Chairman:
Dr.
William McCrea
Battle,
John
(Leeds, West)
(Lab)
Blackman,
Liz
(Vice-Chamberlain of Her Majesty's
Household)
Donaldson,
Mr. Jeffrey M.
(Lagan Valley)
(DUP)
Goggins,
Paul
(Minister of State, Northern Ireland
Office)
McCartney,
Mr. Ian
(Makerfield)
(Lab)
McGrady,
Mr. Eddie
(South Down)
(SDLP)
Marris,
Rob
(Wolverhampton, South-West)
(Lab)
Milburn,
Mr. Alan
(Darlington)
(Lab)
Penrose,
John
(Weston-super-Mare)
(Con)
Pritchard,
Mark
(The Wrekin)
(Con)
Reed,
Mr. Andy
(Loughborough)
(Lab/Co-op)
Reid,
Mr. Alan
(Argyll and Bute)
(LD)
Robertson,
Mr. Laurence
(Tewkesbury)
(Con)
Smith,
Geraldine
(Morecambe and Lunesdale)
(Lab)
Strang,
Dr. Gavin
(Edinburgh, East)
(Lab)
Todd,
Mr. Mark
(South Derbyshire)
(Lab)
Watkinson,
Angela
(Upminster)
(Con)
Glenn McKee, Committee
Clerk
attended the
Committee
Fourth
Delegated Legislation
Committee
Wednesday 30
January
2008
[Dr.
William McCrea
in the
Chair]
Draft Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2008
2.30
pm
The
Minister of State, Northern Ireland Office (Paul Goggins):
I beg to move,
That
the Committee has considered the draft Northern Ireland Arms
Decommissioning Act 1997 (Amnesty Period) Order
2008.
I welcome you to
the Chair, Dr. McCrea. I wish to say, as I did on the previous occasion
that you were in the Chair, that I have a dual satisfaction in seeing
you there: knowing that you will keep us in good order and that your
opportunity to ask me difficult questions will be
limited.
A draft of
the order was laid before the House on 4 December 2007. Before
dealing with its substance, it might help the Committee if I say
something about its content and explain the Governments general
position on decommissioning. As the Committee knows, decommissioning
has been a key measure for securing the trust and confidence necessary
to achieve political stability in Northern Ireland. Without it, we
would not have made the significant political progress that we have
done in recent times.
The words and deeds of the
Provisional IRA enabled the Independent International Commission on
Decommissioningthe IICDto state in September 2005 that
it had
determined that
the IRA has met its commitment to put all its arms beyond use in a
manner called for by the
legislation.
That
historic event paved the way for the considerable achievements of the
past two and a half years: the most peaceful parading for many years,
Sinn Feins commitment to the rule of law, the restoration of
devolved government and the end of Operation Banner. It means that
Northern Irelands politicians can now focus on the
futureon the need for investment, jobs and opportunities for
all. However, as times become more normalised, it is vital that the
commitments to decommissioning made by the Provisional IRA are now
matched by loyalist paramilitaries with not only wordswe have
heard some encouraging words during recent monthsbut actions.
That next step is crucial to securing a peaceful future and a society
free from
violence.
Although
it is important that we further extend the decommissioning amnesty
period by passing the order today, Parliament should also send out a
strong message that the arrangements will not be around for ever and
that progress on decommissioning needs to be hastened. The
decommissioning amnesty reflects the special circumstances of Northern
Ireland, but as peace becomes embedded, we need to make it clear that
the legislation needs to become unnecessary and will not be available
indefinitely. It is therefore essential that representatives of loyalist
paramilitary groups continue with their engagement with the IICD and
make the full transition to
peace.
This
year has seen progress on the part of the Ulster Defence Association
and the Ulster Volunteer Force. I encourage them in their engagement
and negotiations. This is the time not for delay and deliberation, but
for final delivery. I urge loyalists to demonstrate commitment and
leadership and to take the next vital steps to move away from violence
and criminality. Progress has been made. Indeed, that is why the
Government have concluded that it is right to continue with the
decommissioning amnesty, but there is still more to be done to secure a
peaceful future.
Let
me turn to the specifics of the order. The current amnesty period
identified in the non-statutory decommissioning scheme appoints 20
February 2008 as the day before which the amnesty period must end. The
order would extend that deadline for a further year and appoint 14
February 2009 as the day before which the amnesty period must
end.
The amnesty
period is the time during which firearms, ammunition and explosives can
be decommissioned in accordance with the scheme. The amnesty provides
immunity from prosecution for the offences set out under the schedule
to the 1997 Actoffences that might be committed during the
decommissioning process. Most such offences relate to the possession of
weapons, but others may stem from a persons participation in
decommissioning. That is not always centred on the weapons involved,
but could include the behaviour that may accompany participation, such
as the withholding of information or the making of arrangements with
terrorists.
Section
2 of the 1997 Act, subsequently amended by the Northern
Ireland Arms Decommissioning (Amendment) Act 2002 and the Northern
Ireland (Miscellaneous Provisions) Act 2006, required that a scheme
must identify the amnesty period and that it must end before 27
February 2003, unless the Secretary of State, by order, appointed a
later day. As the Committee will be aware, that was duly extended, and
the date stipulated now must not be later than 27 February 2010.
However, this power must still be reviewed annually, and the purpose of
the order is to extend that period for a further
year.
The
IICDs last report confirmed its assessment, made in September
2005, that the Provisional IRA had met its commitment to put all its
arms beyond use in a manner called for by the legislation. The
IICDs report also observed that the issue of the arms of
loyalist paramilitary groups, as well as other paramilitary
organisations, remains to be addressed. Its January 2006 report
emphasised its concentration on loyalist paramilitary groups and its
wish to engage with them in the pursuit of its mandate. That is why we
have introduced the order: the Government are committed to securing the
decommissioning of all paramilitary weapons, and it is our judgment
that it would be premature to close off that route to achieving that
objective.
To
that end, discussions with the Ulster Political Research Group, which
have also now involved UDA representatives, have continued in an effort
to secure decommissioning proposals. It is important to emphasise that
work with those groups in ongoing and aimed at
helping them to make the transition from conflict to peace and to make a
reality of their stated desire, to transform not only themselves, but
their wider communities.
I want to acknowledge the
UVFs statement of 3 May 2007 as progress, but putting arms
beyond use is not enough. We need to hear confirmation from the IICD
that the UVF has engaged with it formally and that that is followed by
clear and visible action.
Reports from the IICD that the
Loyalist Volunteer Force has authorised informal discussions with
intermediaries is, again, a welcome step, but it has not resumed formal
contact, and it needs to. The November statement by the UDA and the
appointment of interlocutors is another welcome move in the right
direction, but they need to use the opportunity of the further
extension of the decommissioning arrangements to finish the
task.
It is essential
that, over the course of the next year, we make further progress on the
pathway to peace and prosperity. To make that possible, Parliament
should once again provide the statutory framework needed to make
decommissioning a reality. The order does that. Extension for one year
is a measured and prudent response to the current situation, but the
order must be matched by action from the
paramilitaries.
2.38
pm
Mr.
Laurence Robertson (Tewkesbury) (Con): I welcome you to
the Committee, Dr. McCrea, and I assure the Minister that, although you
will not be firing your very difficult questions to him, I have
absolutely no doubt that your colleague, the right hon. Member for
Lagan Valley, will be an adequate replacement in that
respect.
I do not
know how long we will run this afternoon; I have no objection to the
order, and I did not disagree with anything that the Minister said. In
particular, I agree with his statement that the order should not last
for ever: a civilised society should not need this kind of order, and
the very word amnesty conjures up all sorts of
unfortunate images. However, it is important to recognise, as the
Minister said, that the situation has moved on dramatically: even
reading through the Hansard report of last years debate
shows that things have moved on in a satisfactory manner, in that the
Assembly is up and running, considering matters that we used to have to
consider in such Committees every week and, sometimes, twice a week. So
things have certainly moved on in that
respect.
It is also
important to say that, in my viewwhich has always been the same
on this matterthe design of the Assembly is not necessarily the
one that I would have chosen. It is not perfect; there are flaws and
difficulties in it. I say that because ifwe all hope that it
will not happenthe Assembly runs into difficulties, such as
failing to take the decisions that the people of Northern Ireland
expect it to take, and if the Assembly falls, that is no excuse or
reason for anyone to return to the kind of violent past that we have
seen in Northern Ireland. We must make that
clear.
I accept the
need for the order, but I should like to go through one or two issues
that I am somewhat concerned about. Only recently, we saw a failure of
the courts to secure a conviction for the terrible Omagh bombing, which
left people in Northern Ireland feeling
rather desperate about the situation. Today, I think, the Policing Board
is holding a meeting with the relatives of the victims of the atrocity.
That is of great concern, because some of the press cuttingsI
looked at them just todayalleged that the Continuity IRA
carried out that
bombing.
Today, I read
a report about the Continuity IRA honouring Dan Keating, on his 106th
birthday, by firing shots above his grave and about their
statement:
In
honouring this life long Republican
the
Continuity
IRA
wish to restate that
the armed struggle against British occupation continues despite the
sell-out and surrender by some former Republicans who now administer
British rule in
Ireland.
The statement
goes on to say that the Continuity IRA was vowing that there would be
no ceasefire and that military operations would be
intensified. That is rather chilling reading, when we
are extending the order and hoping that everything in Northern Ireland
is moving back towards
normality.
A further
press report refers
to:
Londonderry
hard-liner, Gary Donnelly, a key figure within dissident circles, said
the Real IRA and Continuity IRA should join forces... The Real IRA
claimed responsibility for shooting and injuring two
off-duty
Police Service
of Northern
Ireland
officers in
separate attacks late last
year.
The said
republican hard-liner is reported as saying that the Real
IRA
was rearming and
actively recruiting new
members.
Donnelly is
also reported as going on to
say:
More and
more people are returning to republicanism because of what...Adams
and...McGuinness have
done
and
these
support the (Real)
IRA.
Again, that makes
rather troubling and concerning
reading.
On the other
side, as the Minister rightly said, there has been insufficient
progress, particularly by the UDA and the UVF. They need to give up
their arms, butagain as the Minister saidthat in itself
is not enough. They need to give up criminal
activities.
We
are celebrating the last few months, with the Assembly being up and
running. We have had the rather incredible sight of the leader of the
DUP sitting down with Martin McGuinness and working togetherthe
DUP and Sinn Fein working together. However, against that, we have a
background that is unsatisfactory, with reports this week of an armed
interception in Lithuania. I am not sure which organisation the person
belonged toI think that it was the Continuity IRA, but the
Minister might correct me if I am wrongbut, again, that
demonstrates an attempt to bring weapons into the United Kingdom, into
Northern Ireland, to carry out various activities. That cannot be
right.
No one has been
charged over the murder of Paul Quinn. We hear reports of intimidation.
A press report today said
that
his family are very
concerned about a threat against a potential key
witness in the
case.
On the
situation in south Armagh, are people in that area supporting the
police, as they promised that they would through the Sinn Fein ard
fheis last year? Is that
happening on the ground all over Northern Ireland,
or just in parts? Again, that is an unsatisfactory situation. Against
that background, I ask the Minister one question: are we really likely
to make progress towards the devolution of policing and justice by May
this year, which is the time frame favoured by Sinn Fein? That date was
in the Governments mind, too. There is a big question mark over
that kind of progress being
made.
I
accept that there is a need for the order. I recognise the progress
that has been made in Northern Ireland, both in the politics of the
situation and getting the Assembly up and running and in terms of the
marching season, which is a good example of how things have moved on.
But there is an awful lot of other activity that needs checking by the
Government, by the security forces and by the police, because it would
not be happening in a normal society.
We want to move Northern
Ireland towards normality. We want the private sector to increase in
size and in activity. That is very important for the Province, and it
can only be impeded by the kind of things that we read about and that
seem to be on the increase at the moment. Having made those few
remarks, I shall support the order, but I hope that the Minister will
take account of the issues that I have
raised.
2.46
pm
Mr.
Alan Reid (Argyll and Bute) (LD): It a pleasure, as
always, to serve under your chairmanship, Dr. McCrea. As the Minister
and the hon. Member for Tewkesbury have said, tremendous progress has
been made in Northern Ireland in recent years. The setting up of the
Assembly and the Executive is the most obvious example of political
progress. Obviously, terrorism and violence have decreased
significantly in recent years. The decommissioning of the IRA weapons
was also a significant milestone in the political progress. However,
the issue of the loyalist and dissident republican groups that have
still not decommissioned their weapons must be addressed.
As the
Minister have said, there have been encouraging statements in recent
months from loyalist paramilitary groups. Despite those encouraging
statements, they still have not seen their way through to the
completion of the process in the decommissioning scheme that is set
down in legislation. Although we welcome the progress, the
decommissioning scheme still needs to be place. The order extends that
scheme and sets down in legislation a process whereby the paramilitary
organisations can decommission their weapons. It is important that the
Government send a strong signal that the decommissioning process will
not be in place for ever and that there has to be an end date some time
soon. I hope that the Government will send that strong signal. I shall
certainly support the order today to allow the process to be
extended.
2.48
pm
Mr.
Eddie McGrady (South Down) (SDLP): Once again, Dr. McCrea,
I have the pleasure of serving under your enlightened
chairmanship.
It goes
without saying that the SDLP and I will support the order today, but it
is proper to remember that this is the 11th year in which we have given
those who still hold weapons, and who are engaged in violence, the
opportunity to avail themselves of an
amnesty. It is an amnesty not only for those who hold weapons, but for
those who associate with such people and those who help
them.
After
10 years, one would like to think that there was a limitation clause
somewhere. If we keep renewing this measure year on year, there will be
no impetus, no push and no threat involved with regard to not
decommissioning in these present circumstances. The Provisional IRA has
basically decommissioned. We have been informed, as the hon. Member for
Tewkesbury pointed out, that the IICD has reaffirmed that and that the
IRA is fully engaged in let us not say normal, but peaceful politics.
There is a subtle difference between the
two.
The
hon. Gentleman also referred to the dissident IRA and the Real IRA. We
must not put them in the same context as the Provisional IRA, because
they have very limited community support, if any. As far as I can
gatherI do not have access to any privileged
informationthey have very little weaponry. Remember also that
they are fairly well infiltrated by the security forces, both regular
and irregular, in that their former colleagues in the Provisional IRA
are also presumably keeping an eye on them in their communities. The
situation is much more complex than before: they can still kill people
and they can still plant a bomb, although I would not overemphasise
their importance. After 30 years, it is impossible for any
community to switch the violence off automatically, and unfortunately
there will be a hangoverI would like to say for a generation,
but it will be for a period to
come.
The
Minister made encouraging noises about progress being made by the UDA
and the UVF. I do not share in those encouraging noises at all, because
nothing has happened in the past year. There is one series of events
that he carefully avoided talking aboutor maybe he did not
avoid it, but simply did not remember it. In April, his office produced
£1.28 million to entice the UDA into good citizenship, to put it
mildly. It was given three years, from 1 April 2007 to 31 March 2010,
to become good boys and get paid by the Governmentmy money,
your money£1.28 million.
The purpose
of that fundingthat stratagem, if it can be called
thatwas to promote the end of paramilitary acts and to ensure a
measure of reduction in crime and antisocial behaviour. Failure to
comply with those two conditions will lead to the withdrawal of funds.
That comes to the crux of the matter, because when the devolved
Government and the devolved Minister for Social Development took over,
that scheme was on her table. Therefore, she had to decide whether
compliance was happening, and all the information from the Police
Service of Northern Ireland, the Independent Monitoring Commission and
other sources indicated that there was no abatement in the activities
of the UDA and the UVF and their imposition on their communities in
loyalist areas, which, by all judgments and all standards, have totally
rejected their control of them.
On 21 July, a policeman was
shot on the Castlemara estate in Carrickfergus. That was confirmed by
the PSNI as UDA activity. On 1 August, on the Kilcooley estate in
Bangor, shots were again fired in riot situations by the UVF and the
UDA. Again, that was confirmed by the Chief Constable. Some weeks ago,
two men were forced to don placards describing them as base criminals
and paraded up the Shankill. That is not a normal practice by any
standards. There was an
enormous silence from the human rights organisations
about the human rights of those people, but that is another story
altogether.
The
Minister for Social Development decided to give the UDA and others 60
days to comply or the funds would be withdrawn under the terms of the
original conditions. Having taken further information, assessed the
commitment or lack of it, and taken note of what was said on 11
November, Jackie McDonald of the UDA said there would be no
decommissioning whatever. Another spokesman said, These are the
peoples guns, and they will not be handed in. That is
the background, and in that context I felt that the response of the
Northern Ireland Office was rather muted, and was interpreted as
faint-hearted. The Secretary of State said, We want to see
actions, not words, as several speakers have pointed out.
Grand, but that also applies to the NIOwe want actions, not
words.
The NIO message
to the illegal loyalist and other organisations has not been strong
enoughthat this is not going to go on for ever, that they will
face the full rigour of law and order, and penalties and trials and
imprisonment, whatever is required, unless they abide by the wish of
the vast majority of our communitynationalist and
loyalistand get off its back. Those organisations are still
engaged in extortion, protection rackets, drug trafficking and all the
rest. The UDA and the LVF in particular are controlling communities,
and that cannot be allowed any longer. It is noticeable that we have
had a dearth of arms finds, and a dearth of prosecutions for membership
of illegal organisations. In fact, although I may be wrong, there is
almost a blank sheet. Are we holding back and allowing this scenario to
evolve?
If that is
the case, I return to my point once again: that is not a scenario for
delivery of decommissioning, but a licence for those people to continue
doing what they are doing now. They need the guns and the weapons to
threaten communities, and to engage in protection rackets, extortion
and trafficking. If they do not have guns, they will face the same fate
as thugs. They are not paramilitaries in the Che Guevara or urban
guerrilla sense. They are simply thugs and criminals. We have got to
stop them now, and while I will again, on behalf of my party, support
the passing of the order, I would like to think that by the next time
we talk about it, we will either have completed decommissioning or had
action by the devolved authorities and authorities here to make it
impossible for those organisations to
operate.
2.58
pm
Mr.
Jeffrey M. Donaldson (Lagan Valley) (DUP): I welcome you,
as a colleague, to the Chair this afternoon, Dr. McCrea. It is a mark
of the political progress that has been made in Northern Ireland that I
find myself agreeing with so much of what the hon. Member for South
Down said. Indeed, we might yet find a place for him on the DUP
Benches, along with the Minister for Social Development, who joined us
in the Lobby in the Assembly when we were voting on the programme for
government and the budget. South Down seems to be a good place for
members of the SDLP to exercise some wisdom.
I have known
the hon. Member for South Down for many years, and hold him in high
respect. He is absolutely right: we are now in the 11th year of this
amnesty. I well
remember the debates we had in the House in 1997, when we enacted the
decommissioning legislation. Perhaps we did so with a degree of hope
that rapid progress would be made, and that decommissioning and the
removal of the gun from the politics of Northern Ireland would be
secured. Sadly, that has not been the case. It is difficult to escape
the significance of 14 February as the next deadline, and perhaps that
is when the love-in should come to an end, as far as the approach that
has been taken to decommissioning is
concerned.
I agree
with the hon. Member for South Down: the time is coming for the
Government to set a deadline. I know that past deadlines have not
always been observed in the politics of Northern Ireland, but that was
for a good reason. We need to consider seriously whether it is time to
draw a line under these amnesties. I have good reason for suggesting
that. We meet here every year and the debate is almost the same as the
one the previous year, save for the political change that has taken
place. The difficulty is that most paramilitary organisations simply
have not moved on the issue. Yes, the Provisional IRA has
decommissioned in a manner verified by the independent decommissioning
body, although not as satisfactory as one would have likedthere
was a lack of transparency in the process. I suppose that the evidence
is that at least the guns that have been decommissioned are not being
used, which we all
welcome.
As the hon.
Member for Tewkesbury reminded us, there has been a lot of political
progress in Northern Ireland. With the passing of the programme for
government, the investment strategy and the budget in the Assembly just
this week, we can see that devolution is working and delivering for the
people of Northern Ireland. That does not mean that it is without its
difficultieschallenges lie ahead, and big decisions will have
to be taken. It is difficult for people to accept the power-sharing
arrangement at Stormont if the backdrop to it is continuing
violence.
People were
prepared to pay a price to see stable government established in
Northern Ireland. They were prepared to make a degree of
compromise, but they are not prepared to accept the continued existence
of paramilitary terrorist organisations in Northern Ireland, continuing
their campaigns of violence against the police and the civilian
population. That does not and cannot pass for a stable society. There
can be no toleration of that paramilitarism and no acceptable level of
it.
The Chief
Constable of the PSNI is on the public record as saying that there is a
time coming when a line must be drawn, after which we will no longer
accept the creature that is known as paramilitarism. We must treat the
groups that have previously been designated paramilitary organisations
for what they are and what they have become: pure criminal
organisations.
The
loyalist paramilitary groupsmainly the UDA and the UVF, but
also the LVFset themselves up as defenders of the Unionist and
Protestant community. No one could seriously suggest, not that it was
ever justified, that they have any mandate today for holding weapons to
defend anyone. That is not what they are doing; they are killing
Protestants and Unionists, and threatening and intimidating the people
whom they say they are defending. They have done enormous damage in
those communities and are holding back their
progress in the context of a new, more stable Northern Ireland. They are
getting in the way of that progress, and it is their criminality that
marks them out for what they are, yet the amnesty accords those groups
special
status.
In
the prisons, prisoners from those groups are given special status in
that they have separate accommodation and association with each other
in a special wing. The Chief Constable is right that there is coming a
time when we have to draw a line and say, No. This is not
permitted any longer. If you engage in criminality, you will be treated
as criminals and dealt with accordingly. The Government must
consider the matter carefully and listen to the Chief Constable. We
cannot continue indefinitely with a scenario whereby every year we
extend the amnesty and allow the existence of paramilitarism. The hon.
Member for South Down is absolutely right: it is unlawful to be a
member of a paramilitary organisation, yet members of those
organisations go into meetings with Ministers, representing the
organisations that are unlawful and banned in
law.
The approach
taken at the moment is that we do not want to rock the boat and push
things too hard, and that those people should be given time and space,
but 11 years on time and space are narrowing significantly. Therefore,
we must heed what the Chief Constable is saying, and I echo what the
hon. Gentleman rightly saidwe must consider drawing a line
here.
The Government
have set a time scale of May this year for the devolution of policing
and justice powers to Northern Ireland. We made it clear that, because
this is such a sensitive issue, it can take place only in the context
of there being sufficient confidence and support for it in the
community. There is good reason for that.
Devolution is a very tender
plant in Northern Ireland, and if we expect the devolved Government to
take on the huge and sensitive issue of policing and justice, we need
to be sure that that Government are stable, that the political
environment is correct and that there is support in the community. We
are not at that point at present because of the continued existence of
paramilitaries and because of the fear factor that they bring into the
community and the poison that they spread. We must deal with
that.
If the
Government are serious about devolving those powers, they must complete
the unfinished business, which means that the structures of the
Provisional IRA must be dismantled. We cannot accommodate within a
normal political society, or a more normalised one, a private army that
is linked to a party that is in government. That cannot be
accepted.
When
devolution occurred in May last year, Gerry Adams, the president of
Sinn Fein, was on the public record as saying that it would deal with
the army council issue in a way that was satisfactory to Unionists, but
we are still waiting. In the meantime, as the hon. Member for
Tewkesbury reminded us, Paul Quinn has been murdered and we have had to
consider the serious issues of whether the IRA was corporately involved
in that murder, whether it sanctioned it and whether individual IRA
members were
involved.
For
as long as the army council and the structures of the IRA exist, every
time there is a murder of this
nature or a criminal act by people associated with
the IRA, a huge political problem will be created. That undermines
political stability and the progress that has been made, and it
prevents us from moving towards the day when devolution of policing and
justice can take place. The next stage of devolution will occur only
when the circumstances are right and the support is there, which means
that we must deal with the unfinished
business.
These
are big issues and we cannot be complacent about where we are. Yes, we
welcome the progress that has been made, and we are working to ensure
that it is locked in and remains stable, and that the institutions of
government in Northern Ireland continue to work successfully, but if
policemen are being shot on the streets and paramilitary organisations
are pushing drugs and corrupting our young peoplein some
circumstances, killing themand people hold on to weaponry that
presents a risk to the communities in which they operate, we have a
level of criminality that is completely unacceptable. That is not a
normal society. We need to address that unfinished business and we are
willing to work with the Government to do
so.
We
support the extension of this amnesty for a further period, but we will
do a disservice to the people we represent if we do not lay down a
clear marker and echo the comment of the hon. Member for South
Downthis cannot go on indefinitely. We need to finish the job
that we set in hand in 1997 to remove the gun from the politics of
Northern Ireland once and for
all.
3.10
pm
Mr.
Ian McCartney (Makerfield) (Lab): I want to make a brief
contribution, because it is important to reinforce the message that has
come from both sides of the Committee, and from the Conservative
spokesman and my colleague the
Minister.
Those
of us who do not live in Northern Ireland but have an interest in
itsome of us still have family therefeel that it is
important that from today onwards there is a sign that the
decommissioning process is coming to an end. That process has been
criticala silver thread that ran through every phase of the
reconstruction of political, social and environmental life in Northern
Ireland. However, as hon. Members have said, there comes a point when
there needs to be certainty about what is politically difficult and
what is criminally unacceptable behaviour.
We have seen a continuation of
that behaviour in relation not only to the Shankill road, the death of
Robert McCartney and the death of Mr. Quinn, but to the real
danger that lies behind all that. That real danger sends a message to
the community, not that it is empowered, but that the paramilitaries
have control and power over it. Such communities are desperately
trying, across political and social divides, to secure a modern,
effective, democratic and accountable society in which people make
decisions based on their work and worth in that community, not on the
threat of the gun or other
weapons.
It
is critical that, at some point in the next 12 months, we are able to
separate the politics of decommissioning from the unacceptable
continuation and growth of the activities of paramilitaries who have
special arrangements. I do not think that there is anything special in
drug dealing or all the other activities that so undermine the
long-term opportunities that this phase has provided for the community
of Northern Ireland and the UK in general.
I genuinely hope that my
colleague the Minister will take seriously the points that have been
made about the need to apply further pressure and to do further work.
It is dead easy to make a statement of intent and thereby tie the hands
of the politicians and the police force so that they have to allow the
continuation of certain actions, whether murderous actions or ones that
bring slow death to communities by poisoning young people with drugs
and other
activities.
In some
communities, those people try to create a norm not of normality, but of
criminality. It is not the rule of law; it is mob rule, and it is
unacceptable in all circumstances. The reform of the police force will
succeed only if there is a sense that the reason for those reforms is
to see those criminals and their activities dealt with within the rule
of law.
Therefore, it
is important that agreeing to the order, which we all want to do, does
not make it a fig leaf for the continuation of those murderous
activities. There has to be a point where the communitys voice
is heard and people have to be able to get out from under those who are
dedicated to what they deem to be their cause. Their one, simple cause,
wherever they are, is to protect their criminal, financial and social
interests, and the ability to use sweet statements about
decommissioning is not acceptable any more.
It has been
difficult for many people to come the way that they have come, and many
have been brave with regard to where they have come from and where they
have reached today. That is why it is important to keep faith with them
with regard to the order. Truly to keep faith with them and truly to
allow the order an opportunity to enable the politicians to do their
work and the communities to regenerate, we need to do something to
address the criminal activities that go on each
day.
I
want to finish on this point. I used to be the Minister for human
rights and I spent a great deal of my time talking to Governments in
other parts of the world about their failure to protect the human
rights of their citizens from paramilitary forces. I will not go into
detail, but whether that involved trade unionists being murdered in
Colombia or in other countries, the abiding rule from our point of view
was to get rid of the paramilitaries and to ensure the rule of law and
that criminal activity was punished by the criminal justice system, not
by mob rule.
If that
is the principled position that we take in international discussions,
surely it is vital that it must be the position we take on what we want
to do in Northern Ireland and the United Kingdom. Therefore, I wish my
colleagues well with regard to the speeches that they made. The right
hon. Member for Lagan Valley asked my hon. Friend the Member for South
Down to join his party, but may I suggest that they both join little
Labour?
3.15
pm
Paul
Goggins:
My right hon. Friend the Member for Makerfield
has summarised admirably the tone and detail of this afternoons
debate. He underlined the importance of the order, for which I am
asking the Committees support, so that we can extend the
decommissioning amnesty for a further year. He balanced that statement
by saying that paramilitarism and the organised crime that often goes
with it, crushing communities, as he said, through drug trafficking and
drug misuse, must end. In their different ways, each speaker has made
that point this afternoon. Normality means that abnormal measures have
no place. We have to achieve the goal of normality and peace in
Northern Ireland which is so close now, following the progress that has
been
made.
I
thank the hon. Member for Tewkesbury for his support. As I said in
response to my right hon. Friend the Member for Makerfield,
extraordinary measures have worked in extraordinary times, but as we
move to normality those measures will cease to have a place. The
warning goes out from the Committee that those provisions cannot last
indefinitely, and that parliamentary patience will continue to wear
thin unless we see positive signs of action, as well as words. However,
we should take encouragement from the normalisation that has taken
place; the end of Operation Banner was a huge step forward. It passed
almost unnoticed in Northern Ireland, because it developed gradually
over time, but it was highly significant. Now, there is only a garrison
force of fewer than 5,000 soldiers, many of whom are on active service
in Afghanistan and Iraq, but no longer on active service in Northern
Ireland. The hon. Member for Tewkesbury is absolutely right to say that
there is no excuse for going back. Again, we should be encouraged by
the progress that has been made by the
Assembly.
The right
hon. Member for Lagan Valley spoke of events that took place as
recently as this week, including the passing of the budget. He said a
real programme for government was taking root, and that there was a
sense of optimism. That is to be welcomed and he and his colleagues are
to be congratulated. I reserved most of the comments in my opening
speech for the subject of loyalist paramilitaries, because there are
signs that some of them at least are prepared to move in the right
direction. I wanted to send a message of encouragement to those who are
moving in that direction, but they need to move faster, and redouble
their efforts to ensure that decommissioning actually takes
place.
I did not
mention dissident republicans, because they are beyond the pale. They
show no interest in engaging with this kind of scheme. Their stated
objective is to undermine it and still to pursue a violent path. They
are fragmented and few in number, but we should not interpret that as a
sign that they are ineffective, because they showed in their recent
attempts to kill two police officersthankfully neither officer
was killed, and are both recovering from their injuriesthat
they are still determined to kill, maim, injure and undermine normal
life. We must not allow them to do so. I am confident that the Police
Service of Northern Ireland has the capacity, determination,
intelligence and will to deal with
them.
The hon. Member
for Tewkesbury mentioned the police operation in Lithuania last week,
in which arms were discovered. The local police told us that those arms
were potentially destined for the Real IRA. We should take
encouragement from the fact that the PSNI, working with the Garda
Siochana and police forces internationally, are dealing with that
threat, but we must continue to be on our guard. I said that I have
confidence in the police, and I do. In the end, however, the communities
in which those people live and that know who they are, must stand up
and be counted. They have to say that those people no longer have a
place in their community, that they are prepared to report them, to
make statements about them, to give evidence against them and to put
them, once and for all, where they deserve to be, which is outside
society. I anticipated that the right hon. Member for Lagan Valley
might make some comment about that, too, because he is playing a key
role in the Assembly in leading the thinking about the state of
readiness and preparedness for the devolution of those powers. I will
come back to the remarks that he
made.
We
made it plain in the St. Andrews agreement that May 2008 is a
reasonable point at which to carry out the devolution of policing and
justice powers. From the moment of the agreement onwards, Ministers and
officials in the Northern Ireland Office have worked with that date in
mind. However, we are quite clear that we cannot force the devolution
of policing and justice on the people of Northern Ireland. Morally,
politically and procedurally, it has to be something that is willed
there, and we have a process in place to ensure that it can happen. The
Committee on which the right hon. Member for Lagan Valley serves will
report to the Assembly, and the Assembly to the Secretary of State.
Over the coming months, I look forward to constructive discussion about
that
issue.
I
thank the hon. Member for Argyll and Bute for his support. He
underlined the need to turn hopeful words into real action. He also
underlined the fact that this situation cannot go on for ever. I agree
with him. The Government need to send out a strong signal, and it is
encouraging that the whole Committee is sending out that strong
message. As ever, my hon. Friend the Member for South Down offered wise
counsel, and it would be very sensible for Ministers and others to
listen to it. I wish to respond to two of the points that he made.
First, he made the profound point that while high-level politics in
Northern Ireland has been hopeful, optimistic and progressive in recent
months and years, deeper down in society, much greater change has to
happen. Sectarianism is still too deeply embedded in society in
Northern Ireland, given that activities such as the so-called walk of
shame on the Shankill road still take place with a surrounding sense of
collusion. We therefore know that there is still a considerable way to
go. The majority of people know that that is no longer acceptable
behaviour, and they support the police when they try to deal with it.
The police investigation into that incident is ongoing, even though no
specific complaints were
made.
Secondly,
my hon. Friend accused me of being rather optimistic in the things that
I said about the UVF and the UDA. I hope that I was measured in saying
that what they have said over recent months gives us some cause for
hope. However, they have done nothing. We need to see the actions that
back up those words. My hon. Friend also mentioned the conflict
transformation initiative, as I half-guessed he would. It began under
direct rule from the Department for Social Development. Before
devolution, my right hon. Friend the Member for Delyn (Mr.
Hanson), who is now Minister of State at the Ministry of Justice, was
responsible for it. Now,
Minister Ritchie, a colleague of my hon. Friend the Member for South
Down, is in charge. Our motive in setting up the schememy hon.
Friend was right to say that £1.2 million was
involvedwas not to fund or give cash to terrorists. It was a
genuine attempt to make sure that those who live excluded lives in
loyalist communities are be brought back into the mainstream, and see
democracy, rather than paramilitary activity, as the way
forward.
The
beauty of devolution is that such issues are no longer the
responsibility of direct rule Ministers, but of devolved Ministers.
Minister Ritchie has had discussions with her colleagues in the
Executive. I will not say more than that, because there is a legal
challenge relating to her decision to withdraw that funding. In a
sense, it underlines the importance of devolution that local Ministers
are taking those decisions, rather than Ministers in the Northern
Ireland Office. May I praise the work that the right hon. Member for
Lagan Valley is doing on his Committee? I know that it involves a lot
of detailed work, as the Committee is taking evidence on the state of
readiness for the devolution of policing and justice. We look forward
to the forthcoming report. Although he invited me to set
deadlinesI thought that that was an interesting proposition and
one to which I may return to in subsequent debatesI think that
it is probably premature to name a specific deadline in relation to
this measure. We know that we can extend it year by year until 2010,
but we have to return to this Committee each year if we wish to do so.
We expect to see action, and that is what we are making absolutely
clear; the mood of the Committee this afternoon could not have been
clearer in that respect.
The right
hon. Gentleman is right to say that there is absolutely no place in
Northern Ireland for paramilitary activity. Increasingly,
paramilitaries will be described with reference to the criminal
behaviourthat is what it isin which they engage. Their
behaviour must increasingly be seen in just that way, rather than as
being in some way glamorised by the attachment of that paramilitary
label. The right hon. Gentleman is right that the moment for the
devolution of policing and justice is when there is sufficient
community confidence. I hope that he believes, as I do, that that
confidence has grown in recent months, as the community has seen the
politicians of Northern Ireland begin to get to grips with the
programme for government, and make some of the tough decisions that
have to be made to bring in the investment, create the jobs and to make
Northern Ireland a modern, vibrant society. I hope that he believes
that the people of Northern Ireland are encouraged by the leadership
that has been shown by the politicians, and will increasingly place
faith in themfaith sufficient to sustain the devolution of
policing and justice powers in due course, and when that is
requested.
With those
final remarks, I thank Committee members for their contributions, and I
hope that there will be full support for the order and the extension
for a further year.
Question put and agreed
to.
Resolved,
That
the Committee has considered the draft Northern Ireland Arms
Decommissioning Act 1997 (Amnesty Period) Order
2008.
Committee
rose at twenty-six
minutes
past Three
oclock.