My Lords, this has been a constructive debate with powerful and moving speeches and I thank noble Lords from all parts of the House for the many and varied contributions they have made. It is fair to say that the speakers list has been short but that
the quality of the speakers and the wealth of knowledge and experience that has been brought to bear has more than made up for this. Indeed, as a relative newcomer in this House, I am humbled to be participating in such company. I echo the remarks made by the noble Lord, Lord McAvoy, about the contribution and presence here of the noble Lord, Lord Murphy.
I shall endeavour in my closing remarks to address as many of the points raised as I can. However, perhaps I may first say a few words about the Bill as a whole. As I said earlier, the Bill implements some key elements of both the fresh start and Stormont House agreements. In so doing it takes an important step towards a more peaceful, prosperous and stable Northern Ireland. It is peaceful in that the Bill makes provision for the establishment of an independent body that will both promote and report on progress towards ending paramilitary activity connected with Northern Ireland. It is prosperous in that the Bill will increase fiscal transparency, ensuring that executive budgets are affordable and sustainable. It is stable in that it will allow parties more time to agree a programme for government on a cross-party basis, encouraging a more bipartisan approach, while the additions to the ministerial pledge of office and new undertakings for Assembly Members signal more clearly than ever before the determination of the Northern Ireland political parties to see an end to paramilitary activity once and for all.
Perhaps I may now respond to some of the detailed points raised. The noble Lord, Lord Murphy, referred to the powers of appointment of the First Minister and Deputy First Minister, and expressed the hope that in discharging those powers they would consult more widely. I was encouraged that Minister Pengelly, in the legislative consent Motion debate in the Northern Ireland Assembly, undertook that at the very least there would be consultation with the Minister for Justice. The noble Lord also raised the issue of the role of a new generation, a point echoed by the noble and right reverend Lord, Lord Eames. It is important that the shared future initiatives are very much designed in many respects to engage young people.
I turn now to the contribution of the noble Baroness, Lady Harris. She talked about widening the membership of the IRC. Of course, no decisions on the membership of the commission have yet been made, but it is important to make the general point that the IRC needs collectively to have credibility and to carry confidence across the community. Clearly it is incumbent on the Government, the Irish Government and the First and Deputy First Ministers to consult one another when making their respective nominations, to ensure that the criterion laid down in the fresh start agreement is met. The noble Baroness also raised the issue of ring-fencing legacy funding. The Stormont House agreement committed £150 million over five years to fund new legacy institutions. Speaking more widely, I agree with her that it is important that these new institutions are equitable in how they operate. The Government are clear that the new bodies must be transparent, fair and equitable. This is written into the Stormont House agreement and will be in the Bill itself; these are absolutely fundamental values.
The noble Lord, Lord Empey, broadly welcomed the IRC and expressed his hope that it would shine a light into paramilitary activity. Whatever remedial action the IRC might recommend, and it is free to do so, I think that public scrutiny will be a very powerful influence on eradicating paramilitarism in Northern Ireland. The noble Lord also raised the issue of the Executive’s finances, a point raised by my noble friend Lord Lexden, who talked about financial prudence. The Executive have committed to establishing an independent fiscal council for Northern Ireland to increase the transparency of the public finances and it will publish an annual assessment of the Executive’s revenue streams and spending proposals, showing how the Executive’s budget will balance. It is also important that the council will publish a report on the sustainability of the Executive’s finances.
I turn to the contribution of the noble and right reverend Lord, Lord Eames. First, I thank him for his kind remarks. He gave a typically moving and authoritative speech about how to reconcile a divided society. I agree with him that reconciliation cannot be achieved solely through legislation. I very much look forward to introducing a Bill to establish the new institutions to deal with the past. He is absolutely right that more is needed. For this reason, my right honourable friend the Secretary of State is engaging intensively with stakeholders, political parties and civil society organisations to move forward in the best interests of victims. I agree with him that reconciliation cannot be achieved solely through legislation. I very much look forward to introducing a Bill to establish the new institutions to deal with the past. The noble and right reverend Lord is absolutely right that more is needed. For this reason, my right honourable friend the Secretary of State is engaging intensively with stakeholders, political parties and civil society organisations to move forward in the best interests of victims.
The noble Lord, Lord Browne, sought clarity on the terms of the treaty. That point was also raised by my noble friend Lord Lexden. Discussions with the Government of Ireland on the contents of the international agreement are at an advanced stage. However, it will not be possible to gain final agreement until after the new Government is formed in Ireland. The treaty will set out the IRC’s functions, as outlined in A Fresh Start, and it will also add further detail on the operations of the commission. I am afraid that, at this point, I cannot be specific or give a date when the IRC will be up and running, but we are aiming for it to be this year. Obviously, the Executive will be publishing their strategy and plans for dealing with paramilitarism by the end of June.
The noble Lord, Lord Lexden, also raised the issue about the legislative consent Motion for this Bill. An LCM was required in the Northern Ireland Assembly for two provisions in the Bill because they alter the competence of a devolved Minister: Clause 1(4), which provides a new power for the First Minister and Deputy First Minister to nominate two members of the IRC; and Clause 9, which seeks to promote fiscal transparency and places a duty on the Northern Ireland Finance Minister to provide statements to the Assembly.
The noble Lord, Lord Bew, raised the issue of the need for an IPSA-style body. Obviously, the Government want to promote the highest standards in public life in all parts of the United Kingdom, including Northern Ireland, but as I said in my opening speech, the Government would not wish to pre-empt detailed Assembly consideration of the most appropriate measures or the most appropriate vehicle to introduce them. Assembly Standing Orders, for instance, exist primarily to regulate the proceedings of the Assembly, and it is not clear that they would be an appropriate vehicle to make provision for investigation by an independent or external person.
The office of the existing Commissioner for Standards was established by separate Assembly legislation, and any new accountability measures will need to have the greatest possible legitimacy among those who will be affected by them. It is therefore right that the Assembly has the scope to debate these matters and seek political consensus among the Northern Ireland parties on their introduction.
The noble Lord, Lord Alderdice, raised the question of when paramilitarism becomes organised crime. The term “paramilitary” coves a multitude of actions, associations and behaviours. The paramilitary assessment carried out by the PSNI and MI5, and reviewed by an independent panel last year, represents the most recent and up-to-date characterisation of the structure, role and purpose of paramilitary groups in Northern Ireland. Much of this was clearly organised crime. Violent dissident republicans continue to resort to brutal assaults on members of their own communities in an attempt to exert fear and control. This Government are absolutely unequivocal. There is no justification for being a member of a paramilitary organisation in the year 2016, and there was no justification in the past. For that reason, we are introducing the IRC.
I turn finally to the points raised by the noble Lord, Lord McAvoy—and if I have not covered all the points, I will obviously return to them. The noble Lord raised the issue of security funding. Obviously, the Stormont House agreement included provision of
£160 million, which was new money, for security funding. I can also confirm that the Secretary of State for Northern Ireland will engage with all relevant stakeholders on inquest reform.
The noble Lord raised the issue of the co-operation of the security agencies with the new commission and how the Government will ensure that they do so. The Government are committed to the measures aimed at tackling paramilitarism outlined in the fresh start agreement and to the success of the Independent Reporting Commission. We urge all bodies, including the security agencies, to co-operate fully and meaningfully with the commission from an early stage and to allow the most accurate reporting possible.
Under Clause 2(5), we will issue guidance for the commission in relation to the access to, handling and use of sensitive information. That is intended to ensure that the relevant agencies and public authorities are able confidently to engage and assist the commission in fulfilling its functions. As for when the guidance will be issued, we will do so in advance of the commission starting work. The guidance will be published in line with the Bill and a copy placed in the Library of the House.
In closing, I remind the House that this is an important Bill—everybody who has spoken recognised that. It has the support of the Northern Ireland Executive and Assembly, where—as we already discussed—a legislative consent Motion was recently passed. It will deliver on commitments made in the fresh start and Stormont House agreements, and it plays a significant part in all our efforts to support a stable and workable devolution settlement in Northern Ireland. I very much look forward to discussing the individual provisions of the Bill in more detail in Committee and, tomorrow, to starting the engagement process not on the Bill but on legacy issues. I commend the Bill to the House.