I am aware of the amendments tabled by the hon. Gentleman and his colleagues, but I think that our amendments provide better ways of dealing with these issues, and that they are more consistent and compatible with the principles and provisions of the agreement and the 1998 Act.
Although I appreciate the opportunity that we were given to discuss aspects of the Bill with officials from the Northern Ireland Office, when we asked what would happen about the Justice Minister and how long the situation could continue, we were told, "Obviously there will come a point at which Westminster will have to intervene." Will it? Has Sinn Fein agreed to that? It has clearly agreed to much of the Bill’s content, but has it agreed that if no Justice Minister is appointed for a significant period after the 2011 election, Westminster will have to intervene at some stage? Is this permanent devolution, or is it devolution that involves direct rule, or bits of direct rule, coming back here and there? It is unusual, and it is curious.
Why might we not have an elected Minister of Justice after the 2011 Assembly election? We might not have one because the Bill contains a sunset clause identifying 1 May 2012 as the point at which the Department of Justice will be devolved if no other provisions are made. The year will build up to that deadline and the potential stand-off between Sinn Fein and the DUP, which is what they intend. There was a stand-off between them over the devolution of justice and policing last year, with the Executive failing to meet for five months. Now the issue will be cranked up again in advance of the May 2011 election.
Each party will seek a mandate so that it can stand up to the other. Sinn Fein will want to push the line in asserting its rights in terms of the Ministry of Justice and policing, while the DUP will seek a mandate to hold the line against Sinn Fein’s assertions. Immediately after the election, the negotiations will begin. We will see a stand-off that could easily be reflected in a failure to agree to the election of a Justice Minister. The game of chicken will continue. According to the Bill, in 2011 we shall have a Department without a Minister, perhaps for a significant length of time.
Northern Ireland Bill (Allocation of Time)
Proceeding contribution from
Mark Durkan
(Social Democratic & Labour Party)
in the House of Commons on Wednesday, 4 March 2009.
It occurred during Debate on bills
and
Committee of the Whole House (HC) on Northern Ireland Bill.
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