Justice and Security (Northern Ireland) Bill

We have had a very long debate on the new clause—and deservedly so, as it is extremely important. I go back to the Minister’s words when he first proposed the legislation some time ago. He mentioned the historic decision of the ard fheis of Sinn Fein to support policing, but it is only right—for the reasons provided by the hon. Member for Belfast, East (Mr. Robinson)—not to agree to devolve policing and justice just yet. We want to see what Sinn Fein means by support for the police. The speech of Mr. Adams was littered with the words suggesting that this was the way to the ““the united Ireland”” that he desired. Perhaps we should see whether the murderers of Mr. McCartney or the perpetrators of the Northern bank robbery are handed over. It remains the police’s view that that robbery was carried out by the IRA, so the IRA has a long way to go to prove that it means what it says, but we have to accept that it is a step forward. I am rather concerned about new clause 5. I spoke briefly to the Minister about it earlier, and I am grateful to him for his time. Having looked into it in rather more detail, I remain concerned. I very rarely disagree with the hon. Member for Belfast, East on these issues. He will remember that in 1998, I was one of the very few Members to join him in the Lobby and he knows exactly where I am coming from on this. However, I really think that that new clause weakens the triple lock, although it does not remove it completely. Subsection (5)(c)"““provides for the department to be in the charge of a Northern Ireland Minister elected by the Assembly and for that Minister to be supported by a deputy Minister elected by the Assembly””—" and those elections will require cross-community support. I accept that the new Department cannot be up and running, but it seems very clear indeed that the Department can be set up if, according to the new clause,"““it appears to the Secretary of State that there is no reasonable prospect that the Assembly will pass an Act of the kind described in subsection (1)(a) and (b)””." In that case, the Secretary of State"““may lay before Parliament the draft of an Order in Council””." Subsections (1)(a) and (b) are effectively action to set up the Department. It is very clear to me that the Secretary of State can assume the power to override non-action by the Assembly and then to set up the Department. I am sorry that I cannot agree with the hon. Member for Montgomeryshire (Lembit Öpik) on this, but I remain very concerned. The Minister said earlier that he would come back to me on what I accept is a very complicated matter. He is always very willing to discuss these matters, so I take it that he will be happy to meet me for a discussion before the Bill reaches the other place. As I say, it is a matter of great concern to me.