Allister lifts the lid on latest policing and justice report
13 January 2009
With the NI Assembly’s Executive Review Committee having passed, in private, the final version of its latest report on policing and justice, which will be circulated to MLAs later in the week, TUV Leader, Jim Allister MEP, published, from Strasbourg, details of its contents.
In a statement Jim Allister said:-
“The report agreed, by the Executive Review Committee of the Stormont Assembly, is the latest manifestation of the November 08 deal when the DUP rolled over on Sinn Fein’s demand for early devolution of policing and justice. Despite all the pretence, back in November, that nothing was agreed about timescale, this report takes IRA/Sinn Fein a step closer to attaining its policing and justice demands, in that the report records that Peter Robinson told the Committee that he and McGuinness “wished to proceed without undue delay”. Where now the "political lifetimes" so repetitively guaranteed?
The report was railroaded through the Committee on the strength of joint DUP/Sinn Fein votes, with every contested and recorded vote seeing the DUP side with Sinn Fein to provide a majority. In this regard the DUP and Sinn Fein voted through Recommendation 5 that the vitally important Judicial Appointments Commission would be “the responsibility of, and be attached and accountable to” OFMDFM. It could have been transferred to the intended Department of Justice, but instead the DUP helped Sinn Fein get it under the aegis and control of McGuinness as Joint First Minister. So much for the assurance that all judicial appointment powers would be removed from the reach of Sinn Fein. Where now the undertaking of Peter Robinson just a few months ago that “The DUP does not believe there would be support for the devolution of policing and justice if Sinn Fein Ministers were to have responsibility for any policing and justice function”? (Source:http://www.peterrobinson.org/PressArticles.asp?Article_ID=377) Now, they get this and appointing the Attorney General!
Other issues which the DUP helped Sinn Fein railroad through the Committee related to the “interim arrangements” for the appointment of the Justice Minister (Recommendations 9-12 refer). It was only at the DUP Conference on 1st November that Justice spokesman, Ian Paisley Junior, was boasting, “We have quite rightly an agreed position that for “all time” the assembly will by a weighted vote determine who the Minister should be. This means our choice of ministries is not affected by the allocation of this post but we must ensure that we veto who takes this position. We can give a copper-bottomed guarantee that Sinn Fein will never have that position and we should not be behind the door in saying so!” (Source: Ian Paisley Jur’s website http://www.ipjr.net/default.asp?blogID=585 )
“However, now, the Report produced by Mr Paisley’s committee makes clear that the DUP’s “all time” veto will run out in 2012!
In a massive retreat from the DUP¨"victory" that the Minister would be “elected at all times” from the Assembly on a cross-community vote – thus providing a veto over Sinn Fein attaining the post – the DUP joined with Sinn Fein to vote through a “sunset clause” which means this safeguard expires not later than May 2012. From then on the door of the Justice Ministry is open to Gerry Kelly! In a move which strengthens Sinn Fein’s negotiating position it is agreed in Recommendation 9 that “there would be no fall back arrangements” if permanent arrangements are not in place by May 2012 – gifting Sinn Fein another opportunity to engage in its blackmail and bully-boy tactics.
The DUP had an opportunity in this Committee to vote down Sinn Fein’s demand on OFMDFM controlling the Judicial Appointments Commission and to keep the Justice Ministry firmly and indefinitely beyond their reach, but instead they caved in, holding the line only to 2012, if that. Why, because it was part of the price they paid in November 08 in their shameful secret deal with the Shinners.
Now, no doubt, DUP MLAs will all meekly vote for this when the report is debated next Tuesday. There isn’t much credibility in Jim Wells and others protesting at Sinn Fein’s glorification of terrorism and then voting to open the door to Sinn Fein control of justice from 2012.
It is also noteworthy that the prospect of OFMDFM acting as the “sponsor department” of the Public Prosecution Service is still very much in play. With Sinn Fein already having obtained joint control over the appointment of the Attorney General, through OFMDFM, it is clear they wish to get the Public Prosecution Service under their influence as well. The Committee is to return to this subject in a further report.
Other interesting aspects of this report include the muddle which still exists about whether the Justice Minister will be a full member of the Executive. Justice will be a new and additional department (Recommendation 1), but where the Minister stands vis-à-vis the Executive is unclear. The report indicates they shall further consider (no doubt when DUP/Sinn Fein have resolved the issue) “what role the Minister of Justice would have in, and what relationship the Minister of Justice would have with, the Northern Ireland Executive.” This further consideration will result in a further report later this year, when we can expect further concessions to keep insatiable Sinn Fein content.
However, it is clear, despite DUP denials when I previously alleged such, that north/south involvement in policing and justice is anticipated. The report commits to further consideration this year of “having appropriate measures in place to address issues such as all-Ireland policing arrangements?” and the question of “a Justice Sector of the North South Ministerial Council?”
Thus, it is clear, that, contrary to some assurances, Northern Ireland’s policing and justice will indeed become polluted by north/southery, which of course fits exactly within the all-Ireland template of the Belfast Agreement under which the devolution of policing and justice will occur. Hence, my continuing repudiation of the devolving of policing and justice to an Assembly and Executive in which IRA/Sinn Fein hold sway."
