Hopes of NI justice devolution by end of year dashed

The Democratic Unionist Party last night signalled it is not possible to have policing and justice powers devolved to the North by the end of the year, despite republican hopes for progress.

After a marathon debate the Northern Ireland Assembly voted in support of legislation linked to the devolution of policing and justice powers.

But despite Tuesday’s Stormont discussions running from before midday until nearly midnight, the vote merely prepared the way for the devolution process, and focus now shifts back to the crucial negotiations between the DUP, Sinn Féin and the government.

British Prime Minister Gordon Brown has offered a £1bn package to fund the transfer of the powers, but the DUP has said it will not agree a final deal until other conditions have been met.

In a further development during the later stages of last night’s debate, leading Democratic Unionist Simon Hamilton said that even if the parties agreed to complete devolution, structures could not be put in place by the deadline of December 7 suggested today by the nationalist SDLP.

“It’s just, practically, not realistic at all,” he said.

Mr Hamilton said his party supported the devolution of the powers when it believed the conditions were right, but he listed a series of hurdles yet to be overcome and ruled-out a December conclusion.

“We will not be led by calendar dates,” he said.

The DUP has said it will not agree to devolution until there is sufficient community confidence. The party claimed the recently confirmed plans by the police to phase out its fulltime reserve undermined that task.

Sinn Féin has accused the DUP of stalling the process after the unionist party called for a series of conditions to be met, including the scrapping of the Parades Commission.

Sinn Féin’s Junior Minister Gerry Kelly has accused the DUP of being influenced by unionist hard-liners opposed to any deal with republicans, and on Monday he said: “We need to get this sorted by Christmas.”

Last night’s debate also highlighted cross-party divisions on the issue, with some of the sharpest exchanges between Sinn Fein and the SDLP.

The SDLP sought to highlight supposed weaknesses in the plans for devolution, including the absence of a completion date and uncertainty over a 2012 sunset clause set into the rules for electing a future Justice Minister.

The party unsuccessfully tabled a series of amendments that included a call for the creation of the planned Justice Ministry by December 7, the last full day of business before the Christmas recess.

But Deputy First Minister Martin McGuinness said the SDLP demands were unrealistic and said setting deadlines before a final overall agreement was reached would only risk undermining the entire process.

The SDLP’s Alex Attwood said: “The purpose of this amendment is to create certainty, avoid further delay and doubt and to empower the Assembly to do that which it should always have been doing in respect of justice and policing obligations.”

He accused Sinn Féin of moving closer to the DUP analysis that the devolution process could slip into next year, by which time the impending General Election was likely to act as a further roadblock.

The Assembly was at the consideration stage of the Department of Justice Bill at Stormont.

In light of the uncertainty over the future of the devolution process, Ulster Unionist Newry and Armagh MLA Danny Kennedy said clarity was needed over whether the session was a meaningful debate or an abstract discussion over constitutional niceties not likely to be faced any time soon.

Sinn Féin South Belfast MLA Alex Maskey said the devolution of policing and justice was a matter for negotiation.

“Sinn Fein and indeed others are working to get the timeframe resolved and no amendment or any proposal here today will compel nor can it compel any party if it has not already agreed to the transfer, particularly if they are the largest parties in the various designations,” he said.

“This amendment will be meaningless.”

The Alliance Party is favourite to produce a justice minister when powers are transferred. The SDLP had argued that it would be entitled to the position according to the process for dividing posts.

DUP Strangford MLA Simon Hamilton accused the SDLP of being wedded to the current D’Hondt power-sharing method of dividing ministries.

He said whoever was selected must be capable of commanding support from both sides of the community.

“It is the loss of the chance to have the department of justice in the hands of the SDLP that’s at the core of everything... it isn’t some high point of principle,” he added.