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Police (Northern Ireland) Act 2003 (Commencement No. 2) Order 2007

rose to move, That the draft order laid before the House on 6 June be approved. The noble Lord said: My Lords, the order was debated in another place on Monday 2 July. The House will recall that during the passage of the Police (Northern Ireland) Act 2003 the Government made a commitment that, in view of the importance of the issue, this commencement order would be given full consideration by both Houses at the appropriate time. This approach reflected the importance of the provisions and that the timing of their commencement needed to be right. The context for tonight’s debate is, of course, very different from that which existed at the time of the original legislation. I rely on that from the positive comments of the noble Baroness, Lady Paisley. Following the historic agreement to policing and the rule of law made by Sinn Fein earlier this year, there is now a firm foundation for stable devolved government and a new era for politics in Northern Ireland. We are confident that the Assembly will sustain the commitment it has already shown and continue to move Northern Ireland forward towards a shared future. There are, of course, many challenges ahead, not least the need to reach a decision on the devolution of policing and justice. We are pleased that the Northern Ireland Assembly has already established a committee to consider this issue, due to report by 27 March 2008. Work is now under way in the Northern Ireland Office to ensure that the policing and justice functions can be devolved by May 2008 should the Assembly request it. The progress on support for policing has been quite remarkable. Sinn Fein members having now taken their place on the Northern Ireland Policing Board, the prospect of inclusive policing supported by the entire community is at last a reality. A key element in the accountability architecture is the network of district policing partnerships throughout Northern Ireland. Since their establishment, they have played a unique role in building safer communities and empowering them to help shape local policing. The district policing partnerships have faced many challenges and I am sure that noble Lords will join me this evening in paying tribute to their work and the courage that many of them have shown in the face of threats and intimidation. District policing partnerships have made a positive impact on policing and, we hope, will continue to do so—a view shared by the policing Oversight Commissioner and others—but we need to build on this success, which is why we have decided to bring forward this commencement order. The Patten report recommended that both independent and elected members of the Policing Board and district policing partnerships should play a part in making the police accountable. The provisions we are now considering had their origins in the revised implementation plan of 2001, which the Government undertook to consider whether, in the context of a review of policing arrangements, the existing provisions in the Police (Northern Ireland) Act 2000 remained appropriate. The outcome of that review was published in the form of a draft Bill on 25 November 2002, together with ““text for consideration”” setting out how the Government intended to legislate in respect of district policing partnership disqualification and the powers of the Belfast district policing partnership subgroups. Draft clauses were subsequently introduced on Report of the Police (Northern Ireland) Act 2003. I have already indicated that we made clear that the commencement of these provisions would be by means of an order subject to affirmative resolution in both Houses. The Government believe that the time is right to commence these legislative provisions concerning district policing partnerships and the related district policing partnership provisions in the Northern Ireland (St Andrews Agreement) Act 2006. Our intention is that all these related provisions come into force on 4 September this year. The legislation before us this evening deals with matters relating to district policing partnerships and, in particular, arrangements for independent members’ declarations against terrorism and disqualification. It also provides for the functions of the Belfast subgroups. The order inserts a range of provisions into the Police (Northern Ireland) Act 2000 and is, by its nature, complex. I will briefly deal with the main issues. Article 2 brings into force Section 15(1) to (5), Section 16(1) and Section 19(1) of and Schedule 1 to the 2003 Act. Section 15 brings the arrangements for independent members into line with those for political members. It requires them to make a declaration against terrorism in the same terms as prospective councillors before their application can be considered by the Policing Board. If an independent member appears to have acted in breach of his or her declaration against terrorism, it will be within the power of the Policing Board, or the district council with the approval of the Policing Board, to remove that person from membership of the district policing partnership. Section 16 amends the disqualification provision set out in paragraph 8 of Schedule 3 to the 2000 Act. The legislation provides that no one who has ever received a custodial sentence—regardless of how long ago or for what offence—should be allowed to serve as an independent member of the district policing partnerships. The section changes that and provides that a period of five years must elapse following a person’s discharge in respect of an offence before he or she may be considered for appointment to a district policing partnership. This provision is not new and brings the arrangements for independent members into line with the arrangements for political members of district policing partnerships, who are drawn from the local council. Similar arrangements apply in relation to appointments to police authorities in England and Wales. Section 19 and Schedule 1 deal with the arrangements within Belfast for the subgroups of district policing partnerships. Existing Section 21 of the 2000 Act requires Belfast City Council to establish a subgroup of its district policing partnership for each of the police districts within Belfast. The functions now proposed for the new subgroups mirror those for district policing partnerships in the 2000 Act. The Government believe that this should help strengthen the relationship between the local community and the police service of its area within Belfast. Article 3 provides for the commencement of Schedule 9 to the St Andrews agreement Act of 2006, which updates the provisions relating to the Belfast subgroups and takes account of the changes made to district policing partnership arrangements brought about by the District Policing Partnerships (Northern Ireland) Order 2005, which, as noble Lords will recall, made provision for the membership of district policing partnerships in the period immediately following a local government election. It also amended the law on the removal of members following conviction for a criminal offence and made a new provision about the chairmen and vice-chairmen of district policing partnerships. The commencement of these amendments is, therefore, linked to the commencement of the Belfast provisions in the 2003 Act. I have already indicated to the House that other district policing partnership provisions in the St Andrews agreement Act will commence at the same time as these provisions, but they do not require an affirmative resolution, although they play a key role and go hand in hand with this order. Schedule 8 to the St Andrews agreement Act provides for the reconstitution of district policing partnerships before the next local government election. This will enable members of Sinn Fein to take their political seats on district policing partnerships and allow the policing board to run recruitment exercises for independent members for the district policing partnerships affected. The board is to review the membership of each district policing partnership, and this must be completed within 15 days. District councils have three months following this review to appoint new political members of the district policing partnerships affected by the review. In line with the consideration and, I hope, approval of the order, the Government intend that Schedule 8 to the St Andrews agreement Act 2006 comes into force on 4 September. Commencing these provisions on this date provides the optimum timeframe for the reconstitution of district policing partnerships. From 4 September, the order will apply each time that the membership of a district policing partnership changes after a local government election. It will also apply to the one-off reconstitution of district policing partnerships under Schedule 8 to the Northern Ireland (St Andrews Agreement) Act 2006. We are well aware that this legislation has a direct impact on district policing partnerships and, in particular, on their members. I think that all of us in this House greatly appreciate the important role that the partnerships have played since their establishment and the undoubted commitment and courage shown by their members. However, the commitment of all parties and all communities to support policing and the rule of law now provides an opportunity to ensure that district policing partnerships fully reflect the communities they serve—and we should not miss that opportunity. That is why we think that now is the right time to bring forward these provisions. I apologise for the length and detail of my speech, but it is important to get some of this on the record. I commend the draft order to the House. I beg to move. Moved, That the draft order laid before the House on 6 June be approved. 20th Report from the Statutory Instruments Committee.—(Lord Rooker.)