Second Standing Committee on Delegated Legislation
Wednesday 11 March 1998
[Mr. Peter Atkinson in the Chair]
Draft Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 1998
4.30 pm
The Chairman: Before I call the Minister, I should inform the Committee that, under the terms of the parent Act, the Northern Ireland Arms Decommissioning Act, the order does not relate solely to Northern Ireland. The original Act can be extended to Great Britain, and so debate may continue for one and a half hours, rather than the two and a half hours normally applied to Northern Irish matters.
The Minister of State, Northern Ireland Office (Mr. Adam Ingram): I beg to move,
That the Committee has considered the draft Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 1998.
We have placed copies of a draft decommissioning scheme in the Libraries of both Houses and, I understand, copies have been circulated to members of the Commitee. I hope that this will inform debate on the order.
Before dealing directly with the order or the draft scheme, I think that it would be helpful to explain the context in which they arise and why this short order is important to the process in which we are involved.
The Government's position on the question of illegal arms is clear. We believe that resolution of the decommissioning issue in a manner satisfactory to all sides is a key part of the process of negotiations.
The Government wish to see, as part of the continuing efforts and to build confidence on all sides, the decommissioning of some paramilitary arms as progress is made in political talks. We are also in no doubt that, in framing the political settlement to which we are now moving ever closer, the ultimate resolution of this issue will need to be addressed.
Precisely how that is to be achieved is a matter for careful and detailed consideration by all the talks participants, including the two Governments, in the intensive and interconnected negotiations that are now under way in Belfast. We recognise that this is a difficult and important issue which we approach without any desire to achieve ``victory'' or to humiliate any group or party involved in the process. We want to resolve it in a way that is effective, balanced and transparent and which protects public safety.
That is why successive Governments here and in the Irish Republic have co-operated closely over the past two years to put in place arrangements to enable decommissioning to take place. We know that, in itself, that would not be sufficient because the solution to decommissioning does not lie entirely within the Government's power to deliver. But I can say that, with the approval of this order, the only remaining barrier to voluntary decommissioning is the political will of the paramilitaries to bring it about.
The Government have always recognised that decommissioning on the lines envisaged is essentially a voluntary activity. We know that trying to secure the voluntary decommissioning of paramilitary arms is frustrating and daunting. Sadly, all too often, events occur that set us back and underscore the difficulties that we face in achieving our aims.
On Tuesday 3 March, two masked gunmen burst into a public house in the Village of Poyntzpass and ordered the customers to lie on the floor. They riddled the bar with gunfire, killing Philip Allen and Damien Trainor, injuring others and leaving lasting emotional and psychological scars on those in the public house, the village and beyond. That was an evil act of wanton sectarian terror to add to the 10 equally horrific murders that have already occurred in Northern Ireland this year.
The scenes of grief at the funerals of the two friends in Poyntzpass last Friday should be imprinted as a permanent image in the minds of those who carry out such senseless acts of terror and should be a graphic reminder to anyone in the UK or elsewhere seeking to justify violence as a way forward for the cause that they espouse in Northern Ireland. Those scenes prove yet again more than words can say, that those who carry out such savage acts have no support among the broad mass of the decent people of Northern Ireland.
The Committee will be aware that a number of charges have now been preferred in respect of recent murders. I congratulate the Royal Ulster Constabulary on their tireless efforts to bring those responsible to justice. In the past few days we have also witnessed a despicable and reckless mortar attack on Armagh. Initial indications are that republican terrorists were involved in that attack, but it is too early to speculate about which group was responsible. No warning was given, but thankfully the alertness of the security forces prevented casualties. I congratulate them on their speedy action. I should also like to take this opportunity to congratulate the Garda Siochana on their excellent work in recent weeks in foiling terrorist attacks, notably their discovery of devices at Redhills and Hackballscross in the border counties of Cavan and Louth.
The lesson to be drawn from all that is that we cannot let the crude violence of those whose only purpose is to prevent progress stop us when agreement is within our reach. The perpetrators of the murders at Poyntzpass fear that agreement. However, the vast majority of the people of Northern Ireland have chosen and want negotiation, because they know that there can be another Northern Ireland that does not include the senseless killings and bombings and the maiming of innocent civilians.
As the Minister with responsibility for economic development and for security in Northern Ireland, I see another side to Northern Ireland which does not always get the headlines that it deserves. I see the Northern Ireland economy performing positively, with unemployment at the end of 1997 at its lowest level for 18 years, and employment consistently running at record levels. I see the continued drive to attract inward investment. Only a couple of weeks ago I announced a £5.5 million investment by Fujitsu. I also, of course, recently announced the introduction of the Government's new deal programme to Northern Ireland. I see the tremendous good will of the vast majority of people in Northern Ireland for the achievement of a lasting and peaceful settlement, and the dedication of those involved in trying to bring that about. Against that background, I know that, with good will on all sides, we can reach that settlement. The removal of terrorist arsenals must form part of that.
I am sure, Mr. Atkinson, that you do not want the debate to turn into a discussion of Northern Ireland peace process; there will be ample opportunity to discuss that in the months ahead. Those discussions are taking place elsewhere. The Committee is sitting to discuss a specific issue, albeit one that forms and integral part of the peace process.
The draft order is an illustration of the Government's commitments, one of many commitments that, together with the Government of the Republic of Ireland, we have made and kept. In August 1997 the British and Irish Governments signed the agreement establishing the Independent International Commission on Decommissioning, whose work has been so instrumental in providing the basis for the Government's draft decommissioning scheme. In September, we appointed General John de Chastelain as chairman of that commission, and Ambassador Donald Johnson and Brigadier Tauno Nieminen as members. They produced their initial report on decommissioning, and proposals for decommissioning schemes, last year. In consultation with the members of the talks liaison sub-committee on decommissioning, the two Governments have taken those proposals forward into draft decommissioning schemes. The preparations that have been made enable voluntary decommissioning to happen.
Having explained how we have arrived at the draft order, I shall now turn to its contents. The order fixes the maximum duration of any amnesty period that is identified in a decommissioning scheme. The order is needed because the 1997 Act requires any amnesty period to end before 27 February 1998. Without the order, therefore, we could not currently make a decommissioning scheme. The effect of the order is that any amnesty period identified in a decommissioning scheme must end before 27 February 1999.
During an amnesty period a person who decommissions arms in accordance with a scheme benefits from an amnesty in respect of the offences set out in the schedule to the Northern Ireland Arms Decommissioning Act 1997. That gives effect to the recommendation contained in the report of the international body of 22 January 1996 that people who decommission weapons should not be exposed to prosecution in the act of decommissioning. Because these arrangements are quite complicated, I emphasise that it is the non-statutory decommissioning scheme and not the order that will, and indeed must, set out the dates of the duration of the amnesty period.
Hon. Members will have noticed that there are blank spaces in paragraphs 1 and 5 of the draft scheme that we have circulated, where those dates would appear. The Committee, of course, is not being asked to approve that scheme but it will be relevant to its discussions. We could, of course, make the scheme as soon as the draft order comes into force. However, in practice, it is likely that we will make the scheme when we have identified that a paramilitary group has shown a willingness to decommission arms.
I remind the hon. Members that the combined effect of the 1997 Act, the draft order and the decommissioning scheme is the statutory suspension of important parts of the criminal law. We do not wish to give effect to that lightly or on the off-chance that a group might be stimulated to begin decommissioning. I am sure that none of us would want to take the risk before it is strictly necessary, of the scheme's provisions being abused or taken advantage of in a way that would allow someone to evade prosecution for an offence on the pretext that he was involved in decommissioning.
Every step has been taken in the draft scheme to minimise the risk of abuse once decommissioning starts. The important issue is that the Government should be in a position to implement any scheme without delay. That is why we are bringing forward the order now rather than waiting until there is a proposal for actual decommissioning.
I now turn to the decommissioning scheme document that we placed in the Library and Vote Office on Friday. Copies were sent to members of the Committee. I shall begin by outlining the scheme's provenance and status. First, it is a draft scheme and it may be subject to changes in the light of comments from the parties in the talks liaison sub-committee on decommissioning to whom the two Governments presented it on 25 February. I would, of course, welcome any views expressed by the Committee on the detailed provisions of the scheme. We may also wish to make changes, of a minor and technical nature, to ensure mutual compatibility with the Republic of Ireland's regulations. It was always our intention that a scheme should be as flexible as possible to allow for the circumstances prevailing when actual decommissioning takes place.
The draft scheme gives effect to proposals for decommissioning schemes made by the Independent International Commission on Decommissioning, and I welcome the opportunity to record the Government's appreciation of its work. The effective and efficient manner in which it carried out its remit, and the process of consultation that was engaged in by the commission, have resulted in proposals for decommissioning schemes that were endorsed by the participants in the talks liaison sub-committee and by the two Governments.
The commission's work is the basis of the draft scheme. As was the case at other stages of the process, there has been close and continuing consultation between the British and Irish Governments. In the Republic of Ireland the decommissioning scheme is in the form of draft regulations. As the UK scheme is non-statutory it differs in form from the Republic's regulations, but both drafts are designed to have the same effect and to be consistent with each other while fulfilling the different legal requirements and administrative practices in the two jurisdictions.
It is essential that we have arrangements that are consistent to enable decommissioning to take place throughout the island of Ireland, and the close co-operation that we have had with the Irish Government is to be unreservedly welcomed.
I shall now deal with some of the other main points of the scheme. I have already spoken about the amnesty period. That is one of two statutory requirements of the scheme. The other is provided by section 3 of the 1997 Act, which says that one or more of four methods of decommissioning suggested by the international body must be included in any scheme. In the scheme we have provided for two of those four methods. These are the methods that, in its proposals, the commission considered most likely to find favour with groups holding weapons.
Accordingly, paragraph 2 of the draft scheme provides for the method of decommissioning to be either by the provision of information to enable the commission to collect and destroy arms, or by the destruction of arms by persons in unlawful possession of them, or for both. It does not, however, preclude the possibility of other methods being considered should they appear more likely to meet with success in the prevailing circumstances.
I should mention that the scheme applies to paramilitary groups, which are defined as proscribed organisations under the Northern Ireland (Emergency Provisions) Act 1996.
Paragraph 7 of the draft scheme sets out when a person can be deemed to start acting in accordance with the scheme--that is, when he has satisfied the commission that he is contacting it on behalf of a proscribed organisation and that he can provide it with sufficient information to indicate a clear intention to decommission specified arms. That is a central provision of the draft scheme because, for someone to attract the statutory amnesty and the other benefits of the Act, he must act in accordance with the provisions of the scheme. It is, therefore, vital that the scheme marries the need for flexibility with the need to be sure that, when people start and stop decommissioning, they know what they need to do while they are acting under the scheme.
Therefore, requirements such as the need for persons to continue to act in accordance with a scheme, to provide information to the commission, for the recording of such information and for confidentiality, are balanced against a degree of discretion for the commission in deciding precisely what information needs to be provided.
Paragraph 12 allows the commission to make such arrangement to facilitate decommissioning as it considers appropriate and allows it to require compliance with any conditions necessary on the grounds of public safety, which is an overriding requirement.
Paragraph 14 requires that nothing be done with arms which is not necessary to comply with arrangements made by the commission. That is intended to ensure that the scheme cannot be abused, for example, by those with a criminal purpose in mind seeking to benefit from the amnesty.
Paragraph 15 allows the commission to determine the location at which decommissioning may take place, and paragraph 16 requires that the movement of arms shall take place in accordance with arrangements made by the commission.
Let me stress that public safety is a paramount consideration. As a result, paragraph 17 specifies some of the things that the commission may require if movement of illegal arms is contemplated.
Paragraph 19 allows the commission to give a document to those decommissioning their arms in order to help them to demonstrate that they are moving those arms after contact has been made with the commission.
Paragraphs 21 to 25 provide for destruction of decommissioned arms. There are two basic principles here: arms must be completely destroyed and that must be verifiable. That is made absolutely clear in the draft scheme. Indeed, it is one of the central principles of the decommissioning exercise.
That brings me to the role of other bodies in the decommissioning process. The definition of the commission will allow it to delegate specified tasks to others. That includes such matters at the transportation of arms, the carrying out of safety evaluations and the physical collection and destruction of arms. Such support could come from several sources. Although they will need to be subject to discussion with those groups involved in decommissioning arms, the perference of the Government, at this stage, would be for such technical assistance to be provided by the security forces.
In conclusion, and as I stated earlier, decommissioning of the kind envisaged in the arrangements before us today is a voluntary exercise. The Government have always recognised that. It is not in the Government's gift to say when decommissioning will occur, but occur it must.
As soon as there are signs that a paramilitary organisation is prepared to commence decommissioning, we will immediately give effect to an appropriate scheme. The order will enable us to do so without delay. In the mean time, the security forces will continue to search out illegal arms and bring before the courts those found in possession of them.
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