Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2008

rose to move, That the Grand Committee do report to the House that it has considered the Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2008. The noble Lord said: First, I want to acknowledge and welcome the Lord, Lord Trimble, to his Front-Bench position. Before I turn to the substance of the order, a draft of which was laid before the House on 4 December and which is well known to noble Lords, I shall set out the Government’s position on decommissioning more generally, which I hope the Committee will find helpful. Decommissioning is a matter of considerable public importance and it has played an essential role in achieving political progress in Northern Ireland. It is vital that we ensure it can continue so that paramilitary weapons can be put beyond use. In September 2005, the Independent International Commission on Decommissioning reported that it and independent witnesses had determined that the Provisional IRA has, "““met its commitment to put all its arms beyond use in a manner called for by the legislation””." That position has been supported by subsequent reports by the International Monitoring Commission, which have illustrated the progress made by this organisation. At one point, the IMC considered the Provisional IRA to be the most sophisticated and potentially most dangerous of the terrorist groups in Northern Ireland. In contrast, in April 2007, the International Monitoring Commission reported that the Provisional IRA was firmly committed to a political path. None of us can deny the progress that has been made and the part that decommissioning has played in that. We now want to see a determined effort from other paramilitary organisations, including loyalists. We have seen some progress over the past year with statements by the UVF and UDA acknowledging that the war is over and calling on all active service units to stand down. However, the Secretary of State was right to say at the time that, "““they will be judged by their actions, not their words””." Engagement with the Independent International Commission on Decommissioning and the decommissioning of its weapons is vital. This order enables decommissioning to take place. I turn to what the order does. The current amnesty period identified in the non-statutory decommissioning scheme is due to end on 20 February this year. This order would extend that deadline for a further year to 14 February 2009. 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 in the schedule to the 1997 Act; offences that might be committed during the decommissioning process. Most such offences relate to the possession of weapons, but others may stem from a person’s participation in decommissioning, not necessarily centred on the weapons involved but on the behaviour that may accompany participation, such as the withholding of information or making arrangements with terrorists. Section 2 of the 1997 Act, as amended by the Northern Ireland Arms Decommissioning (Amendment) Act 2002 and the Northern Ireland (Miscellaneous Provisions) Act 2006, requires that a scheme must identify the amnesty period, and that it must end before 27 February 2010, unless the Secretary of State by order appoints a later day. The purpose of the order before the House is to extend that period for a further year. The extension of the decommissioning amnesty period had become something of an annual event. I think this is the third one I have brought to the House. However, the amnesty will not and should not continue indefinitely. The Independent International Commission on Decommissioning’s 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—an assessment that it has since confirmed. The Independent International Commission on Decommissioning’s report also observed that the arms of loyalist paramilitary groups, as well as that of other paramilitary organisations, remained to be addressed. Its January 2006 report emphasised the concentration on loyalist paramilitary groups and the desire to attempt to engage with them in the pursuit of their mandate. We are bringing this order because the Government are committed to securing the decommissioning of all paramilitary weapons, and because in our judgment it would be premature to close off this route to achieving that objective. To that end, discussions continue to secure decommissioning proposals with the UPRG. Those discussions have included representatives from the UDA. The Independent International Commission on Decommissioning believes that this represents a willingness to address the issue of arms. It is important to emphasise that work with these groups is ongoing with a view to helping them to make the transition from conflict to peace and to bring about their desire to transform not only themselves but their communities. We must acknowledge the UVF statement of 3 May 2007 and the progress that may produce. However, the statement needs to be supported by clear and visible action, including decommissioning and, to that end, continuing contact between the UVF and the Independent International Commission on Decommissioning. Decommissioning is a crucial feature of that transition. The LVF has not resumed formal contact, but it has authorised informal discussions with intermediaries. It is essential that we build on the progress already made by the Independent International Commission on Decommissioning next year. In order to achieve that, it is essential that we continue to provide the statutory framework necessary to make decommissioning a reality. This order does exactly that. Its extension for one year is a measured and prudent response to the current situation. I beg to move. Moved, That the Grand Committee do report to the House that it has considered the Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2008. 6th Report from the Statutory Instruments Committee.—(Lord Rooker.)