Select Committee on Northern Ireland Affairs Second Report


2  The Committee's activities in relation to the 'core tasks'

6. In 2003, the Liaison Committee proposed a set of 'core tasks' for select committees, in response to a Resolution of the House of 14 May 2002.[1] Committees are expected to engage in activity relating to each of these core tasks, where appropriate. We report below on how our activities during 2007 have contributed towards carrying out each core task.

To consider major policy initiatives

POLITICAL DEVELOPMENTS

7. As a Committee, we keep abreast of political developments relating to Northern Ireland through our meetings with the Secretary of State and with other senior figures in the NIO, and through discussions with many of those closely involved in such developments. Our public evidence sessions, the transcripts of which may be viewed on our website, are supplemented by private briefings.[2] Both formats are of great value to us and we are grateful to Ministers, officials and others for the time and trouble they go to in order to ensure that the currency and breadth of our knowledge of political developments is maintained.

8. We believe that the House is well served by having a body of back-bench Members from most parties and from across the United Kingdom who are well informed on political developments in Northern Ireland. In 2007, the Chairman and other members of the Committee asked numerous oral and written questions on Northern Ireland, intervened in oral statements by Northern Ireland Office Ministers, and spoke in debates in the House on Northern Ireland affairs.

COMMUNITY-BASED RESTORATIVE JUSTICE

9. Through a Report made in January 2007, the Committee contributed to the Northern Ireland Office's consultation on its draft Protocol for Community-based Restorative Justice Schemes.[3] The draft Protocol replaced previous guidelines that had been the subject of a consultation exercise, during which a number of serious concerns had been raised.

10. Community-based Restorative Justice (CBRJ) is a process based in the community in which low level crime and anti-social behaviour is addressed through mediation. CBRJ schemes have operated in Northern Ireland since 1996 under two main umbrella organisations: Northern Ireland Alternatives (based in mainly loyalist areas); and Community Restorative Justice Ireland (based in predominantly republican areas). The schemes emerged in response to a growth in 'punishment attacks' carried out by republican and loyalist paramilitary organisations on young people who had allegedly engaged in anti-social behaviour. The stated primary aim of the schemes was to provide a non-violent alternative to such attacks through activity in which anti-social behaviour is addressed through a process of mediation between perpetrators and victims.

11. In our Report, we endorsed the draft Protocol as the basis for encouraging the development of community-based restorative justice schemes and building confidence in them, but we did so with a number of reservations. Chief among these were concerns about the funding of the proposed scheme, the dangers of an overly formal and bureaucratic approach, and the need for any scheme to be as transparent as possible and to gain the confidence of the public.

12. The Government responded positively to our Report, accepting many of its recommendations.[4] However, not all our concerns were allayed. In particular, by the end of 2007 we were disappointed that only four CBRJ schemes, all of them operating in predominantly loyalist areas, had received accreditation under the Protocol. We wrote to the NIO, asking them what progress was being made with accrediting further such schemes, particularly those operating in mainly republican areas. The NIO replied that a further eleven schemes operating in mainly republican areas had expressed interest in accreditation, but that none had so far met the criteria. The NIO informed us that as at December 2007 these schemes were implementing recommendations made by Criminal Justice Inspection, with a view to reapplying for accreditation "in a few months."[5] We welcome this modest progress towards fuller implementation of the Protocol, and look forward to hearing that further schemes have been accredited early in 2008.

13. On funding, we received a letter from the Minister of State, Paul Goggins MP, in July 2007 in which he stated that "there is currently no budget within the Northern Ireland Office for the activities of CBRJ groups and all funding streams will be subject to the constraints of the current Comprehensive Spending Review."[6] We asked the NIO to provide us with further information, following the end of the Review. They told us in December 2007 that they had agreed to provide accredited schemes with "some resources to meet identified shortfalls in funding in order to maintain operations during the remainder of the current financial year." They hoped to make an announcement of a longer-term package early in 2008.[7] At the time of preparing this Report, that announcement is still awaited. It is important that accredited schemes are able to plan their work on the basis of a stable and assured funding package and we trust that such a package will be in place by the beginning of financial year 2008-09.

To consider the Government's response to major emerging issues; and to propose changes where evidence persuades the Committee that present policy requires amendment

ORGANISED CRIME

14. As noted in our Annual Report for 2006, the Committee's major inquiry of that year was into Organised Crime in Northern Ireland.[8] The Government has since implemented a number of welcome changes in response to recommendations made in our Report. In some cases, however, action has been less apparent. In the last year, we have followed up some of these recommendations in correspondence with the NIO.

15. One major focus for organised criminals in Northern Ireland has been the illegal resale of fuel supplied for legitimate uses at a discounted rate of duty, often by laundering it to remove the marker dyes; another has been cross-border fuel smuggling, which can be made lucrative by the differences in duty either side of the border. Since 2003, HM Revenue and Customs (HMRC) have operated a Registered Dealer in Controlled Oils (RDCO) scheme, which is intended to reduce such crime. The PSNI is also very active in pursuing, together with HMRC, the criminal gangs which engage in this activity, although conviction rates are low. The Committee felt that the RDCO scheme was failing to produce results and that an alternative method of levying duty at the point of sale should be tried. The Government rejected this proposal, but did undertake to review the operation of the scheme.[9] We asked the NIO about the outcome of this review, but as at December 2007 it had still not been published.[10] We understand the report of the review will be published soon; we will study it with great interest.

16. We also called in our Report for a broader membership base and for more frequent meetings of the Organised Crime Task Force (OCTF). The NIO has informed us that the OCTF's 'Stakeholder Group' now meets quarterly, examining a specific type of crime at each such meeting. Other interested parties have been participating in these meetings by invitation and there has also been some expansion of membership of other OCTF groups.[11] We welcome these developments.

17. In response to our recommendation for a review of the legislation relating to the proceeds of crime, the NIO listed the legislative changes made or planned to be made since our Report was published.[12]

18. We followed up one particular aspect of our Report by hearing oral evidence from the Ministers of State in the Northern Ireland Office and Home Office on the proposal to subsume within the new Serious Organised Crime Agency the existing Assets Recovery Agency.[13] We had a good exchange of views with the Ministers, obtaining important assurances about the level of resources dedicated to assets recovery work in Northern Ireland and about the appointment of a designated officer for Northern Ireland. We welcome these assurances, and will monitor their implementation.

TOURISM

19. In March 2007, the Committee produced its Report of a major inquiry into Tourism in Northern Ireland.[14] The Report contained 25 substantive recommendations. The NIO's response, received just before the restoration to the Northern Ireland Executive of responsibility for tourism, showed a wide measure of agreement between Committee and Government.[15]

20. With responsibility for scrutiny of the Northern Ireland Department of Enterprise, Trade and Investment's tourism policies now resting with our colleagues in the Northern Ireland Assembly, it is not for us to follow up our Report. We earnestly hope, however, that the Report's recommendations are borne in mind and that the relevant Assembly committee will maintain parliamentary involvement in tourism matters. The future prosperity of Northern Ireland depends in large degree on the success of efforts to attract tourists to spend more time in what we recognised in our Report is "a beautiful part of the UK and the island of Ireland."[16]

PRISONS

21. Our major inquiry post-devolution was into the Northern Ireland Prison Service. We began work on this inquiry in March 2007, when we resolved to examine:

whether the existing prison estate is adequate and appropriate for the secure accommodation of Northern Ireland's prisoners, and whether the Prison Service appropriately meets the health and education and training needs of prisoners.[17]

Our aim in carrying out the inquiry was to take a broad, strategic view which we hoped would enable the prison service to move forward constructively, in anticipation of the future transfer of responsibility for scrutiny of the criminal justice system to the Northern Ireland Assembly.

22. During the course of the inquiry, the Committee took formal evidence from a wide range of governmental and non-governmental agencies and from eminent experts in the field. We met the Northern Ireland Assembly Committee for Health, Social Services and Public Safety to discuss the arrangements for transferring responsibility for prison health care from the prison service to the health service and we visited each of the establishments in the Northern Ireland Prison Service, meeting prisoners and staff in April 2007 at the Prisoner Assessment Unit in Crumlin Road, Belfast before visiting HMP Magilligan and the accommodation for women prisoners at Ash House in HMP Hydebank Wood. In July 2007, the Committee visited HMP Maghaberry and the accommodation for male young offenders at YOC Hydebank Wood in Northern Ireland. We also visited the Dochas Centre for women prisoners and Wheatfield Prison in the Republic of Ireland and HMP Belmarsh in London, to compare practices and operations. We found the opportunity to talk informally to governors, prison officers, welfare workers and prisoners at these establishments was of great value to us.

23. As our Report shows, we found that the Northern Ireland Prison Service is hampered by the inefficiencies of its buildings. Further capital investment is required to produce a first class, modern prison service. However, the Report commended the work that the service is doing and recognised that the implementation of efficiency measures has not been easy.

24. We concluded that the prison service must continue with its drive to introduce a culture which encourages prison officers to engage with prisoners to a greater extent and to view their role as one of preparing for resettlement rather than solely enforcing security. We also called for an end to the separation regime, under which some loyalist and nationalist paramilitary prisoners are accommodated separately from other prisoners, and for the building of new prison facilities, including a new prison at the Magilligan site.

25. At the time of preparing this Report, we await the response of the Northern Ireland Office to our recommendations. That response is expected well before May 2008, which is the earliest date by which devolution of responsibility for the prison service can take place. We will certainly be monitoring progress on implementation of our conclusions and recommendations for as long as it remains within our remit to do so.

To conduct pre-legislative scrutiny of draft bills

26. No draft Bills were published by the Northern Ireland Office in 2007, but two NIO-sponsored Bills were taken through the House: the Northern Ireland (St Andrews Agreement) (No. 2) Bill, the sole purpose of which was to extend from 26 March to 8 May 2007 the deadline for the restoration of the Northern Ireland Assembly and formation of a power-sharing Executive; and the Justice and Security (Northern Ireland) Bill, which repealed Part VII of the Terrorism Act 2000, replacing the 'Diplock' system of non-jury trials with a presumption in favour of jury trials. The Chairman and other members of the Committee participated fully in proceedings on both Bills.

To examine and report on main Estimates, annual expenditure plans and annual resource accounts

27. In 2007, the Committee raised questions in correspondence with the Northern Ireland Office in connection with its Autumn Performance Report 2006, its Winter Supplementary Estimate 2006-07, its Spring Supplementary Estimate 2007 and its Departmental Report for 2006-07. Our questions to the Department and the responses are published at Appendices 3 to 6.

REDUNDANT MILITARY AND POLICE SITES

28. In a separate exchange of correspondence between the Chairman of the Committee and the Secretary of State, we pursued the question of the disposal of redundant military and police sites. As at November 2007, there were 14 military or joint military/PSNI sites awaiting disposal.[18] We understand that at the same time about 60 police sites throughout Northern Ireland were under review for possible disposal.[19] Some of the sites were identified as part of the 2002 programme for reinvestment and reform, which is intended to reverse the damage caused to Northern Ireland's public services by 30 years of focus on security issues.[20] Sites listed in that programme have been transferred free of charge to the Northern Ireland Executive. Other sites were identified following the April 2003 Joint Declaration between the British and Irish governments, which accepted the need for "the vacation and demolition of security installations [and] the closure of designated military bases."[21]

29. The Joint Declaration was not specific on the question of what would happen to sites vacated in accordance with this undertaking. There is no presumption that the sites will be transferred free of charge, although an Annex to the Joint Declaration suggested that "many" of them might be. However, the Government is under a general obligation to dispose of surplus assets at their full market value. This has created uncertainty in some cases. As the Secretary of State frankly acknowledged in his letter to our Chairman of 18 December 2007, "There is clearly scope for ambiguous interpretation" of the Joint Declaration.[22]

30. We intend to maintain a close interest in the future of redundant military and police sites in Northern Ireland. Their potential value to the people of Northern Ireland as a whole and to some local communities is great.

To monitor performance against targets in the public service agreements

31. The Committee has again carried out examinations by correspondence of the Northern Ireland Office's performance against its Public Service Agreement targets (PSAs) and its performance in achieving efficiency savings in the course of its scrutiny of the Estimates and the Department's Annual Report. The NIO's responses are appended to this Report.[23]

To take evidence from each Minister at least annually

32. In 2007, we heard oral evidence from the Secretary of State on one occasion (further evidence is being heard in January 2008), from the Minister of State on two occasions and from the then Parliamentary Under-Secretary of State once.[24] We also held informal exchanges with the Secretary of State and other Ministers during visits to Belfast and at Westminster.

To take evidence from independent regulators and inspectorates

33. We heard oral evidence in 2007 from the following regulatory or inspection bodies: Criminal Justice Inspection Northern Ireland; the Life Sentence Review Commissioners; and the Prisoner Ombudsman for Northern Ireland.[25] We also received written evidence from these and from other, similar groups.

To consider the reports of Executive Agencies

34. Our inquiry of 2007 into the Northern Ireland Prison Service involved close scrutiny of the work of the NIO's major executive agency. We did not find it necessary to pursue any matters arising from our consideration of the annual reports of the NIO's other agencies—the Compensation Agency for Northern Ireland, Forensic Science Northern Ireland and the Youth Justice Agency. However, we did raise questions about the funding of the Youth Justice Agency in correspondence with the NIO about the Estimates.[26]

To consider, and if appropriate report on, major appointments by the Secretary of State or other senior ministers

35. The main appointment to a public office made by the Secretary of State in 2007 was that of Al Hutchinson to be the new Police Ombudsman, in succession to Nuala O'Loan. The Committee did not consider that this appointment raised any issues that required investigation. We welcome Mr Hutchinson's appointment and we look forward to regular meetings with him.

To examine treaties within the Committee's subject area

36. The most notable treaty between the Governments of the United Kingdom and of the Republic of Ireland in 2007 was the Agreement of 22 March, implementing aspects of the St Andrews Agreement on the restoration of the political institutions of Northern Ireland.[27] Much of our work in 2007 was related, directly or indirectly, to this treaty; the same will be true in 2008.

Follow-up of previous recommendations

37. As is evident from the preceding paragraphs of this Report, the Committee follows up previous recommendations in a systematic way. We do not believe that the Government's responses to our Reports should be the last word, and where we are not content with a response, or where further information is required, we will continue to pursue matters.

38. However, it is also clear that devolution of responsibility for large areas of policy to the Northern Ireland Executive, and of responsibility for scrutinising those policies to Committees of the Northern Ireland Assembly, has deprived us of the ability to follow up the recommendations made in many of our previous Reports—for example, our stated intention to continue to monitor the effectiveness of the petroleum licensing regime in Northern Ireland cannot be sustained, because the matter has been devolved.[28] Similarly, and as noted above, any follow-up to our Report on tourism will have to be carried out by our colleagues in the Northern Ireland Assembly, and not by this Committee.

39. In due course, the Assembly will take on responsibility for scrutiny of policing and criminal justice matters. We hope that, following devolution of this responsibility, our colleagues at Stormont will pursue outstanding questions raised in our Reports on these matters. For the time being, we will continue to do so ourselves.


1   Liaison Committee, First Report of Session 2002-03, Annual Report 2002, HC 558, para 13; HC Deb, 14 May 2002, cols 648-715 Back

2   The Committee's website is at www.parliament.uk/niacom Back

3   First Report of Session 2006-07, Draft Protocol for Community-based Restorative Justice Schemes, HC 87 Back

4   First Special Report of Session 2006-07, Draft Protocol for Community-based Restorative Justice Schemes: Government Response to the Committee's First Report of Session 2006-07, HC 475  Back

5   Appendix 1, para 5 Back

6   Appendix 2 Back

7   Appendix 1, para 6 Back

8   Third Report of Session 2005-06, Organised Crime in Northern Ireland, HC 886 Back

9   Ninth Special Report of Session 2005-06, Organised Crime in Northern Ireland: Government Response to the Committee's Third Report of Session 2005-06, HC 1642, para 4 Back

10   Appendix I, para 1 Back

11   Ibid., para 2 Back

12   Ibid., para 5 Back

13   Oral evidence taken before the Northern Ireland Affairs Committee on 21 March 2007, The Assets Recovery Agency, HC 417 Back

14   Third Report of Session 2006-07, Tourism in Northern Ireland and its Economic Impact and Benefits, HC 119 Back

15   Second Special Report of Session 2006-07, Tourism in Northern Ireland and its Economic Impact and Benefits: Government Response to the Committee's Third Report of Session 2006-07, HC 545 Back

16   Third Report of Session 2006-07, Tourism in Northern Ireland and its Economic Impact and Benefits, HC 119, para 125 Back

17   First Report of Session 2007-08, The Northern Ireland Prison Service, HC 118, para 4 Back

18   Sixteenth Report of the Independent Monitoring Commission, 17 September 2007, Annex XIII Back

19   Information supplied by the Northern Ireland Office, not published Back

20   See www.ofmdfmni.gov.uk/index/economic-policy/reinvestment-and-reform-initiative.htm Back

21   See www.nio.gov.uk/joint_declaration_between_the_british_and_irish_governments.pdf Back

22   Appendix 7 Back

23   Appendices 3 to 6 Back

24   Oral evidence taken before the Northern Ireland Affairs Committee on 18 April 2007, Political Developments in Northern Ireland, HC 476; Oral evidence taken before the Committee on 21 March 2007, The Assets Recovery Agency, HC 417; Oral evidence taken before the Committee on 21 November 2007, The Northern Ireland Prison Service, HC 118-II, Q 678 - Q 733; and Oral evidence taken before the Committee on 21 February 2007, Tourism in Northern Ireland and its Economic Impact and Benefits, HC 119, Q 359 - Q 447 Back

25   First Report of Session 2007-08, The Northern Ireland Prison Service, HC 118-II Back

26   Appendix 6 Back

27   Cm 7078, Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland, 22 March 2007 Back

28   Appendix I, para 4 Back


 
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