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Northern Ireland (Miscellaneous Provisions) Bill

The hon. Lady will know that there was discussion of these matters in Committee and the Government have reflected on that. The new clause to allow the First Minister and Deputy First Minister to propose that change is important, but it does not change the balance of the argument. It would be strange if the Assembly voted to devolve criminal justice and policing, but the First Minister and Deputy First Minister were against it, as they will presumably be the leaders of the largest parties in the Assembly. We have tabled the amendments and new clauses to support the wish of the Assembly for such devolution. I say again to all hon. Members that the Assembly must decide, the Secretary of State must agree and the House of Commons must support that process. That may happen at some point when the Assembly forms its Executive. I shall make progress. During the passage of the Bill, my right hon. Friend the Secretary of State and I have made clear the Government’s intention to make possible a range of departmental models for devolution of policing and criminal justice. Amendments Nos. 2, 3, 4, 7 and 10 support that objective. We discussed the Northern Ireland Act 1998 in detail in Committee and we considered a range of models in the Act for the devolution of policing and criminal justice. Clause 16 of the 1998 Act permits the Assembly to create various forms of departmental responsibility. We have sought to broaden that choice through consultation on the Bill. As hon. Members may recall, during the debate in the Committee of the whole House on 20 April, my hon. Friend the Member for Foyle (Mark Durkan) suggested that notwithstanding the provisions of the Bill, there was at least one further model that had not been considered—a department of policing and justice that might be in the charge of a single Minister elected on a cross-community resolution of the Assembly, rather than appointed under the d’Hondt process. I am pleased to tell my hon. Friend that his words of wisdom have been listened to by the Government and we have tabled an amendment which, I hope, meets the objectives that he set in the debate on 20 April. He will know, therefore, that on occasion the Government act in a comradely fashion with his party. I cannot help him on every occasion, but when I can I am pleased to do so, and I will labour the point to keep him on his toes. Amendment No. 3 provides for the new model. Amendments Nos. 2, 10 and 7 reflect that addition. Amendments Nos. 14 and 15 were tabled by the Liberal Democrats. In Committee I undertook to reflect on the points made by the hon. Member for Solihull (Lorely Burt) at the time. The Government’s view is that a department of policing and justice with joint or rotating Ministers would bear a strong similarity to the office of the First Minister and Deputy First Minister, and correspondingly the requirement for cross-community support for those Ministers, set out in the Bill, reflects that for the First Minister and Deputy First Minister. On reflection, I have concerns that that is a move away from the requirement for parallel consent from both sides of the community. Having considered the matter in detail, I have concluded that that support for any nomination for ministerial appointment to a department with devolved policing and justice functions that makes use of one of the models provided for in the Bill should continue to be required to secure parallel consent. This may disappoint the hon. Member for Montgomeryshire (Lembit Öpik), but it is important that we keep to the original principles. As drafted, the Bill requires Ministers under the alternative models for the Department of Policing and Justice to be nominated by the First Minister and Deputy First Minister, and for their nomination to be approved by the Assembly with the support of a majority of Members. The amendments give effect to that, on the basis of the 50:50:50 model. The amendments tabled by my hon. Friend the Member for Foyle would remove the responsibility for nomination and subsequent dismissal from the First Minister and Deputy First Minister and put it in the hands of party nominating officers. I do not believe that to be workable or consistent. I am sorry that I cannot help my hon. Friend on this occasion and I ask him to withdraw the amendments, given that I have been able to help him in other respects during consideration of the Bill. I hope that Members in all parts of the House will recognise that the amendments are the result of amendments tabled but not debated, discussion in Committee and representations made to me from all parts of the House relating to the devolution of criminal justice and policing. I commend the Government new clauses and amendments to the House and ask Liberal Democrat and Social Democratic and Labour party Members to recognise that I have moved some way and to withdraw their amendments accordingly.