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Justice and Security (Northern Ireland) Bill

The Government are clear that we want devolution of criminal justice and policing matters by May 2008. That is the Government’s intention, but it is predicated on the facts that the First Minister and the Deputy First Minister must propose that devolution, the Assembly must accept it on a cross-community vote, and the Government must, through the House of Commons, support it in practice. There is a power to establish the Department, but, as I have said, that does not mean that transfer of devolution functions or legislative competence to the Assembly will occur. The Secretary of State may at some point in the future judge that it is of value to allow the Assembly to select Ministers in shadow form to oversee the transfer of functions. Subsection (5) does not create a real, functioning Department; rather, it creates the legal premise for there to be a future Department, allowing the Assembly the opportunity to elect shadow Ministers if the Assembly wishes. That is the key point, and I think that the hon. Members for Belfast, North (Mr. Dodds) and for Belfast, East understand it. The triple lock is maintained. The Government want devolution, but we are creating an extra model that can, if the Secretary of State wishes, be established in shadow form, if the Assembly wishes to elect Ministers to it.