---

Northern Ireland (Miscellaneous Provisions) Bill

The Government new clause and amendments were tabled after our helpful discussions in Committee and on Second Reading and they deal with issues relating to the devolution of policing and justice functions. I shall speak first to new clause 3, then consider Government amendments Nos. 5, 6, 8,9 and 11, which make related and consequential changes. It has always been the Government’s position that policing and justice can be devolved on a sustainable basis only with broad cross-community support. We have put in place a triple lock, as the Assembly must wish to have devolution, the Secretary of State must wish to agree it on behalf of the Government, and the House of Commons must approve it. Consistent with that position, it is our view that the support of the majority of sections of the community in Northern Ireland is essential if the devolution of policing and justice is to succeed. The amendments give legal effect to that position. New subsection (2A) inserted into section 4 of the Northern Ireland Act 1998 by new clause 3(3) accordingly provides that the Secretary of State shall not introduce an order to devolve policing and justice unless a number of caveats are in place. First, the Assembly motion asking the Secretary of State to do that must be tabled by the First and Deputy First Ministers acting jointly. Secondly, that motion should receive support in the Assembly from a majority of designated Unionists and a majority of designated nationalists. Having listened to the discussion, it is self-evident that unless the Assembly has that support it is not worth considering forcing devolution on it. The fact that under the amendments the First and Deputy First Ministers would have to introduce a proposal shows that a majority of community support is necessary. We want a majority of nationalists and designated Unionists to support it, too. New clause 5 (5) introduces a drafting change to that effect. On Government amendments Nos. 2, 3, 4, 7 and 10, as my right hon. Friend the Secretary of State and I have made clear during the passage of the Bill it is the Government’s intention to ensure that the Assembly has the greatest possible flexibility to determine the departmental models to oversee policing and justice.