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Northern Ireland (Miscellaneous Provisions) Bill

I thank the hon. Member for Belfast, North (Mr. Dodds) for tabling his new clause. I start by utterly condemning any attacks or vandalism on Orange or Hibernian halls, or any other buildings used for meetings. Whether they are attacked as a matter of general vandalism or subject to an attack of a sectarian nature, that is unacceptable in a civilised society. I would urge, as would the Under-Secretary, my hon. Friend the Member for Wythenshawe and Sale, East (Paul Goggins), that any individuals who had information about such attacks should take it to the police, who may be able to undertake prosecution. Those who carry out such attacks should face the full force of the law—that is self-evident in a civilised society. Let me say to the hon. Member for Belfast, North in particular that the current criminal damage legislation is an important means of supporting individuals and groups who have suffered material loss over the period of conflict in Northern Ireland. Now that we are moving, I hope, to a more normal society, such attacks, particularly the sectarian ones, should be reduced. That will in due course have obvious implications for current criminal damage arrangements generally. The Criminal Damage (Compensation) (Northern Ireland) Order 1997 is particular to Northern Ireland. As we all know, that is because of the particular problems faced by Northern Ireland at that time. Such legislation does not exist in other parts of the United Kingdom. I want to reflect on the future of such compensation schemes, particularly in the context of a changing Northern Ireland and the Government’s national approach to compensation. Of course, I recognise the great hurt and pain that can be caused, be it by a small act of vandalism causing a broken window or something much more serious in the shape of an arson attack on an entire building. The Police Service of Northern Ireland takes such criminal acts very seriously and will use the full weight of the law to prosecute the perpetrators. Before turning to the new clause, I will respond to the hon. Member for Montgomeryshire (Lembit Öpik), who asked me about the nature and number of such attacks. I recently answered a parliamentary question—if it was not me, it was my hon. Friend the Minister with responsibility for security—which indicated that police figures show that over the past 15 years, attacks on Orange halls in particular have varied significantly. In 1997, therewere 41 attacks; in 2004, there were six attacks; and the provisional figure for 2005 was higher than that for 2004. That information gives no specifics on the nature of the attack—it could be a broken window or a full arson attack on a building. The new clause seeks to change article 4 of the Criminal Damage (Compensation) (Northern Ireland) Order 1977, which was drafted to meet specific conditions relating to agricultural property, particularly the absence of a Chief Constable’s certificate where the damage was caused by those acting on behalf of an illegal organisation, or the evidence of the involvement of three or more persons. Claims for non-agricultural properties are covered under article 5 of the Criminal Damage (Compensation) (Northern Ireland) Order 1977 and, where its conditions are satisfied, claimants can obtain compensation for damage to such property. A Chief Constable’s certificate, or proof of the involvement of three or more persons or of an illegal organisation, are generally required as proof of liability in respect of claims for compensation. Where there is evidence of damage caused by civil disorder, for example, Orange halls can make claims under the provisions of the order. When claims are not met under compensation arrangements, they should fall under commercial insurance arrangements in the normal way. We are dealing here with the question of whether we should give compensation to Orange halls on a par with that given to agricultural buildings when there is no Chief Constable’s certificate and no evidence of the involvement of three or more persons. The effect of the new clause would be to extend the category of properties falling under article 4, which was not intended for that purpose. The Government believe that, when a property is damaged and when there is no Chief Constable’s certificate and no evidence of the involvement of three or more persons—when the circumstances do not meet the evidential requirement of the legislation covering criminal damage compensation—the normal route for seeking compensation, in Northern Ireland as in other parts of the United Kingdom, is through general property insurance. I recognise that there can be difficulties in obtaining insurance, and I have discussed this issue with the hon. Member for Belfast, North. The Orange Order is a powerful organisation in the fabric of Northern Ireland, however, and it represents an awful lot of individuals and organisations. I would hope that it could use its power to raise these issues with the insurance companies. I know that it will disappoint the hon. Gentleman that I am unable to accept his new clause today. The provisions relating to the specific circumstances of agricultural properties were made in 1977. There is an anomaly involved, as that is the only area that is covered. However, there is compensation available for circumstances involving collective discontent and disorder, and compensation can also be obtained with a Chief Constable’s certificate or with evidence of the involvement of three or more people. I am unable to accept the new clause for those reasons.