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Lord Adonis moved Amendment No. 31:

After Schedule 5, insert the following new schedule—

"Repeals

Short title and chapter	Extent of repeal
Criminal Justice and Court Services Act 2000 (c. 43)	Sections 26 to 38"

On Question, amendment agreed to.

An amendment (privilege) made.

Lord Adonis: My Lords, I beg to move that this Bill do now pass.

Moved, That the Bill do now pass.—(Lord Adonis).

On Question, Bill passed, and sent to the Commons.

Northern Ireland (Miscellaneous Provisions) Bill

7.47 pm

Lord Rooker: My Lords, I beg to move that this Bill be now read a second time.

Politics in Northern Ireland over the latter part of the last century was dominated by what were once thought insurmountable differences and divisions. But, albeit slowly, the peace process moved forward. Such progress has occurred through a brave willingness of those across the political spectrum to acknowledge that the need for accommodation does not mean turning away from principle.

This is a decisive moment in the Northern Ireland political process and a moment of promise: the promise of a better future through the restoration of locally accountable government in Northern Ireland. The rewards are plainly within reach, if that bravery can be demonstrated once again.

Much of what was contested is now firmly agreed—most crucially, the principle of consent, the superiority of devolved government over direct rule and the necessity of fair and equitable power-sharing. There is agreement that Northern Ireland is served best when the police service has the whole community behind it because the whole community is in it. There is agreement that Northern Ireland must be free from the fear of paramilitary activity and criminality, and that the rule of law must apply. There is also agreement that common-sense north/south co-operation is of great mutual benefit. I have cited examples of disease control in food production and animals and things like that many times in this House; we have an example in the Bill, which I will come to shortly.
 
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The Government have clearly set out the path ahead. The Prime Minister has set 2006 as the year of progress for Northern Ireland. To that end, my right honourable friend the Secretary of State, Peter Hain, recalled the Assembly on 15 May with the express purpose of electing a First Minister and Deputy First Minister and establishing a power-sharing Executive. This was a vital stepping stone in the journey towards full restoration.

Obviously, we are not yet at the point at which the parties are ready to form an Executive. That is why we have arranged for a preparation for government committee to be set up within the Assembly. Its initial task, in advance of intensive talks at the end of this month, will be to scope the work that the parties believe needs to be done to set up government again in Northern Ireland. We have also indicated that if there is cross-party consensus on changes to the Belfast agreement that would prove necessary prior to full restoration, the Government stand ready to legislate further.

The current arrangements are obviously not sustainable in the face of long-term failure to elect a Northern Ireland government. That is why in the previous legislation—the Northern Ireland Act—an absolute deadline of 24 November has been set. It has been set in primary legislation, and if the clock strikes midnight on that day, that is it. There cannot be any last minute deal to fix it on the 25th. After that point, if we do not have an Executive, MLAs' salaries and allowances will be cancelled and devolution will be put on hold until a clear political will for devolution re-emerges. As the Prime Minister said,

"we close the chapter or close the book",

and, as we have said before, we would have to take a very serious look at the direct rule arrangements.

But closing the book would be a poor second best. It is second best to have part-time, commuting direct-rule Ministers who cannot be hands-on. They have to be second best to locally elected politicians carrying out their responsibilities. Having been elected, they have a duty to do so. We will do all we can to facilitate dialogue between the parties to achieve restoration. We will not stand in their way. We have made it absolutely clear that we have no plan to delay restoration. Whether it is August, September or October, as soon as the parties are ready, we will facilitate the steps to restoration of devolved government. But I emphasise that it is for the parties themselves to take the final, crucial step towards power-sharing.

The Bill, as is clear from its title, covers a number of policy objectives. For the most part, they have a single unifying theme, which is preparing Northern Ireland for the many and various challenges that lie ahead and ensuring that there are no legislative obstacles in the way of devolution. Chiefly, the Bill will allow for maximum flexibility in the arrangements for the future devolution of policing and justice functions to the Assembly. Ultimately, responsibility for policing and justice in Northern Ireland should lie with Northern Ireland Ministers accountable to a local Assembly
 
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elected by the people of Northern Ireland. That was envisaged in the Belfast agreement and the structure of the devolution settlement set out in the Northern Ireland Act 1998. The British Government have repeated on many occasions our clear commitment to devolve those functions when the time is right. However, the Bill does not devolve policing and justice. Instead, it supports the framework we need to put in place to devolve policing and justice by order when, and not before, the circumstances are right to do so. The Bill strengthens the safeguards that apply to the future devolution of policing and justice, requiring the agreement of the First Minister and Deputy First Minister and the parallel consent of unionist and nationalist Members of the Assembly before devolution can happen. Of course, the Government and Parliament would also have to agree.

The Bill also provides some alternative departmental models from which the Assembly can choose the arrangements it wants to put in place to receive these new functions: whether to have one department or two, for instance. That decision will be a matter for the Assembly, though the Government will need to be convinced that the proposed arrangements are robust, workable and broadly supported by the parties. Finally, the Bill updates the framework of the 1998 Act to take account of some subsequent UK-wide developments, such as the introduction of the European arrest warrant for dealing with extradition between member states.

The first part of the Bill deals with elections. There are a number of provisions concerned with the democratic process. The provisions on electoral registration and political donations are key to moving Northern Ireland forward. We want to modernise still further the registration arrangements in Northern Ireland, safeguarding the dramatic improvements in the accuracy of the register, but making sure that as many people as possible are registered to vote. In allowing us to do this, the registration clauses of the Bill go to the heart of increasing trust and engagement in the democratic process. The reforms to the rules on political donations will also work to increase public confidence by injecting greater openness into party funding and setting Northern Ireland firmly on the road to complete transparency.

Similarly, the decommissioning clause is aimed at taking the peace process a step further. The full decommissioning of IRA weapons, independently verified, was, of course, welcome and highly significant. But there is much more to do. We want to see all loyalist weapons decommissioned and also those of dissident republicans. The Bill will ensure that the amnesty scheme stays in place for a further three years to facilitate that process.

The Bill also contains important provisions dealing with energy, which are designed to help prepare Northern Ireland for the future. The creation of a single wholesale electricity market on the island of Ireland will bring consumer benefits, while also enhancing the security and diversity of electricity supplies for both north and south. The industry and
 
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business communities in Northern Ireland support this for the simple reason that a single market makes sound economic sense. It is also common sense. Renewable sources and sustainable development policies are particularly important for Northern Ireland where currently more than 99 per cent of primary energy requirements come from imported fossil fuels. The Bill will place a statutory duty on individual government departments and district councils to work in accordance with sustainable development principles.

Let me highlight the remaining provisions of the Bill briefly, because we will have plenty of time to go over them in Committee. Clause 22 increases the threshold that the Northern Ireland Executive can borrow from the National Loans Fund, in effect, extending the Executive's overdraft limit. In particular, this will facilitate a massive increase in infrastructure investment.

Clause 26 and Schedule 3 extend to Northern Ireland the investigatory powers of the DPP provisions of the Serious Organised Crime and Police Act 2005. The creation of these new powers for Northern Ireland will provide investigators and prosecutors with additional weapons to tackle the serious ongoing problem of serious organised crime on a UK-wide basis.

Clause 27 will provide corporation sole status to the office of the Chief Constable of the Police Service of Northern Ireland. This will extend to Northern Ireland similar arrangements that already exist for chief police officers in Great Britain, so that any prosecution in relation to breaches of health and safety at work legislation will ordinarily be brought against the office of the chief constable rather than against the individual office holder.

Finally, Clause 28 will place a duty on relevant Ministers to fill judicial vacancies in Northern Ireland in line with the arrangements in place in England and Wales, except where the Lord Chief Justice of Northern Ireland agrees that a particular vacancy may remain unfilled. The aim is to remove any perception that Ministers could use the filling of judicial vacancies to place pressure on the judiciary and influence its independence.

The reforms in the Bill will help to sustain a different and welcome environment in Northern Ireland. The picture is not perfect—no one is claiming that—but we have to make progress. The only way to make progress is by devolved government with locally elected politicians. The situation in Northern Ireland is transformed from where we were 10, or five, years ago. Considerable progress has been made in the past 12 months. We need to step up to the challenges and opportunities that this new environment presents. Political leaders in all walks of life need to show vision, courage and commitment to their own goals.

Restoration of the devolved institutions remains the goal and Northern Ireland's politicians need to take the final steps forward. As I have said, it is their duty as elected politicians to seek to pull the levers of power. It is the only part of the world where people get elected and do not seem to want to adjust and pull the levers
 
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of power. To that extent, we want to make it easy for them. The Bill is part of that process. We want to restore devolved government on a stable and lasting basis, and we genuinely believe that this legislation will help to prepare the way. I commend the Bill to the House.

Moved, That the Bill be now read a second time.—(Lord Rooker.)

8 pm

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