After the transfer

As justice powers go back to Stormont, Peter Cheney looks at what lies ahead for local law and order.

A reminder of Northern Ireland’s darkest days heralded the arrival of justice powers in the province in the early minutes of 12 April.

Arguably, the dissidents were first to respond to the devolution of justice and their bombing at Palace Barracks, 24 minutes after the move, undoubtedly influenced the Stormont debate taking place later that day.

Cross-community support was the hurdle on which two nominees for the justice post fell. Neither Danny Kennedy nor Alban Maginness received majorities from both communities. That, of course, would only be possible with DUP and Sinn Féin support and the two main parties duly went through the lobbies with Alliance for David Ford.

Ford acknowledged he was “not the unanimous choice of this assembly” but called on every MLA to provide leadership, especially after that morning’s incident: “We have a duty to show we can provide partnership, leadership and delivery and ensure that all our people see the benefits of devolution.”

The SDLP continued to complain that it had been left out due to a DUP-Sinn Féin veto and insisted the d’Hondt mechanism should be used to give the post to a nationalist. Both main parties took up the key posts on the new Justice Committee.

However, Nelson McCausland took the SDLP’s accusation of “tearing up the Belfast Agreement and abandoning the d’Hondt process … as a compliment not an insult.” He also saw “no consistency” in the UUP approach as they firstly

backed an SDLP nominee, then their own Danny Kennedy.

Reg Empey explained during the debate that the UUP would normally have the next choice after the DUP and Sinn Féin, which had declined to nominate. Kennedy’s merits were his former Policing Board membership and representing the often troubled Newry and Armagh constituency.

On paper, all the candidates were winners by receiving more ayes than noes. Parallel consent was required for success i.e. over 50 per cent of voting unionists and over 50 per cent of voting nationalists combined. All unionists present backed Kennedy (51 ayes, 35 noes).

Margaret Ritchie then proposed Alban Maginness as the post was “the democratic entitlement of a nationalist party”. Furthermore, Maginness was a barrister and had stood against violence “from whatever quarter”. He drew support from nationalists and Dawn Purvis, while the DUP and Alliance were opposed (43 ayes, 42 noes). Ulster Unionists abstained.

Naomi Long, meanwhile, pointed to David Ford’s personal calibre and sense of fairness. DUP, Sinn Féin, Alliance and PUP members went through the aye lobbies while the SDLP and UUP objected. Across the House, 67.6 per cent were ayes, including 66.7 per cent of unionists, 61.9 per cent of nationalists and all others (69 ayes, 33 noes).

From the outside, the TUV was dismissive as expected, seeing “nothing for unionists to celebrate and much to lament” as Sinn Féin could now influence law and order.

Shaun Woodward commented that the “democratic transition” stood in stark contrast to the activity of “a criminal few” i.e. the dissidents. He claimed they had “no support anywhere” although it is clear that they do have a small political following through Republican Sinn Féin and the 32 County Sovereignty Movement.

In the committee reshuffle which followed, using the d’Hondt system, the main changes were Cathal Boylan replacing Dolores Kelly in the environmental chair. Six lower profile deputy chairs changed hands.

Another Alliance promotion seemed possible when Kieran McCarthy mistakenly named Naomi Long as chair of the OFMDFM Committee. “There is no harm in trying,” he commented. Long remains deputy to Chairman Danny Kennedy.

Alliance has only briefly been in government before but in a similar role. Oliver Napier was Legal Minister (i.e. for civil law) in the short-lived 1974 Executive.

In practice

Ford has said that justice devolution forms part of joined-up government and plans to work from the policy proposals in the Hillsborough Agreement. Areas for co- operation include sports offences (with DCAL), health in prisons, alcohol (both with DHSSPS) and licensing (with DSD).

The final version will be added to the Programme for Government. Ford’s special advisor is Richard Good, who previously advised William Hay as Speaker.

The party sees devolution not just an event but a process whereby “tangible benefits” are demonstrated. Its own plan, entitled ‘Safer Communities and Justice for All’, has the following themes:

• Avoidable delay and effective justice;

• Preventing offending and managing offenders;

• Supporting a cohesive, shared and integrated community, and community planning;

• Policing;

• Supporting victims and dealing with the past; and

• Civil law.

On the first point, Alliance proposes re- drawing the boundaries of court districts and the various agencies working to agreed and shared targets. Binding targets for case progression, as in Scotland, are suggested as is “comprehensive” legal aid reform.

A unified Northern Ireland Courts and Tribunals Service, as proposed, has been established and the party wants to see a victims’ code of practice and a Northern Ireland sentencing guidelines council.

Minor offences must be punished more effectively, outside custody, and a review of how young offenders are treated would also take place. An offender management strategy, following England and Wales’ example, would also be drawn up and a specific women’s prison examined. Reviews of prison policy and the Prisoner Ombudsman’s powers are also foreseen.

Sharing is naturally a high priority. The criminal justice system must comply with the section 75 equality law and also consider how to promote a shared future e.g. defending shared spaces for people to meet.

An active strategy to remove peace walls is proposed. District policing and community safety partnerships could be merged due to their similar remits.

Policy on policing and the Troubles’ legacy is brief; a strategic vision would be agreed with the Policing Board and PSNI. Long-term funding for the Historical Enquiries Team is a priority.

Separately, a comprehensive Criminal Justice Miscellaneous Provisions Act is proposed before the next Assembly election to clear up many of the areas mentioned above and also spectator control at sports matches and, if required, updates to the law on police and criminal evidence.

Analysts of justice could compare local results from now with Scotland, which has 10 years’ experience, or Wales, where it is not devolved. The latter example is a reminder that it is not essential to transfer justice into local hands although as agendaNi outlined last month (issue 36, pages 12-13), that is been historically the case here.

The voters’ verdict on justice devolution, meanwhile, will come at the next Assembly poll so Ford has just a year to make some impact on one of the more complex and potentially divisive government responsibilities.

Justice Committee

· Chair: Lord Morrow (DUP)

· Deputy Chair: Raymond McCartney (SF)

· Jonathan Bell (DUP)

· Jeffrey Donaldson (DUP)

· Tom Elliott (UUP)

· Dolores Kelly (SDLP)

· David McNarry (UUP)

· Alban Maginness (SDLP)

· Carál Ní Chuilín (SF)

· John O’Dowd (SF)

· Alastair Ross (DUP)