---

Northern Ireland (St Andrews Agreement) Bill

I hear what the noble Viscount says. I realised that there were two questions, and I have answered two questions. I shall give more detail to point to the relevant part of the draft legislation. I appreciate that there are two distinct issues: one is the reconstitution of the partnerships following the change in the boundaries of local government, and the other is the membership relating to the independence if the political composition changes. I may not be giving the answers that are required, as it were, but I appreciate that there are two distinct issues to address. Before going on to Amendment No. 35, I shall go back to the decision to reconstitute the district policing partnerships. The Policing Board is required to consider the political indications and whether or not they are met in relation to each district policing partnership. That is a judgment for the board. If it is not set, it is the board’s judgment that the DPPs must be reconstituted in accordance with the requirement that the membership taken together is representative of the community in the district—political plus independence. I draw the noble Viscount’s attention toparagraph 2(6) of Schedule 8, on page 37 of the Bill, which states: "““For the purposes of this paragraph the political condition is met in relation to a DPP if the political members of the DPP reflect, so far as practicable, the balance of parties prevailing among the member of the council on the commencement date””." The restoration of the Assembly will not affect the district policing partnerships—only the board. The commencement for the draft in Schedule 8 will be a matter for the Secretary of State, but it could happen before the implementation of the RPA. I understand that the RPA implementation is 2009. There are many changes, which I fully accept, simply because direct rule Ministers have been left to push forward a reform programme. We said that if we were there we would push it faster. That was the incentive for the Assembly to get a grip on it. Many changes are taking place in local government in Northern Ireland in terms of rates, water, education and other things. I appreciate that the coming together of some of these means that some dates and actions could happen inconveniently to people. I fully accept that, and would be happy to put this in a letter if it needs further explanation. But that is where the responsibility lies. I shall deal briefly with Amendments Nos. 35, 31 and 32. Amendment No. 35 would seek an additional condition for the Northern Ireland Policing Board in reviewing each district policing partnership. The Government would have to have the Northern Ireland Policing Board undertake a review of each DPP using the most objective information available. They believe that the examination of the political membership of the DPP provides that. Amendment No. 33 requires the board to publish a list of DPPs which do not meet the representative condition set out in Amendment No. 35. We are mindful of the effect that the reconstitution of the DPPs will have on all current independent partnership members. Obviously we pay tribute to the crucial work that all DPPs have been doing since their establishment, and for the sheer courage and determination of people who, in wanting to do their public duty, have faced threats of intimidation. In recognition of the role that existing independent members have played, the Secretary of State will make the necessary amendments to the current code of practice on the appointment of independent members to reflect not just the changes brought about by this draft legislation but to put in place arrangements to facilitate as far as possible currently serving independent DPP members seeking reappointment. As the Government would seek to ensure that the DPP’s political membership reflects the latest political representation in that district—not just Sinn Fein inclusion but possible changes in other political parties—we do not propose to support Amendment No. 34 either. We wish to maintain the position for those councillors who do not currently hold a party political affiliation. They are currently treated as a party in respect of the appointment of political members of the DPP. It is in line with the current arrangements set out in Schedule 3 to the Police (Northern Ireland) Act 2000, and ensures that an independent member of the council shall be treated as a party for the purposes of the Bill. Therefore, we do not support Amendment No. 36 either. I hope whatI have said is sufficient for the House to approve Clause 18, which is what this is all about.