Sunday, February 24, 2008
“How long is a roll of string..”
The timing of devolving policing and justice powers got a mention in that wide-ranging discussion noted here - with Reg Empey suggesting the Legislative Assembly provide evidence of competency on the powers they have before requesting more - and later in the Politics Show Jim Fitzpatrick, referencing the “timely” NIO poll, introduced Vincent Kearney’s report on the issue. Among the points made was the absence of detailed discussions on what powers would actually be devolved, the necessary preparations required before taking on a Ministry for Justice and, in particular, Scotland’s Lord Advocate gets several mentions. And, since Alex Maskey is mentioning those “commitments” again, here’s another timely reminder of those commitments, deadlines and target dates.
Given the repeated references to Scotland, and the Lord Advocate’s role there, it’s worth pointing out that there are set limits to the allowable questioning of the Lord Advocate by MSPs.
7. If a Law Officer is not an MSP s/he is empowered to participate in the proceedings of the Parliament but may not vote (SA s.27). S/he can therefore be questioned by MSPs about the exercise of his or her functions, although s/he may not be required to answer questions or produce documents relating to the operation of the system of criminal prosecution in any particular case if s/he considers that it might prejudice criminal proceedings or would otherwise be contrary to the public interest (SA s.27(3)). Under the Parliament’s Standing Orders, written questions about the operation of the systems of criminal prosecution and investigation of deaths are answerable only by the Law Officers, as are oral questions on those matters in all but exceptional circumstances (Rules 13.5.1, 13.7.1 and 13.8.3).
Pete Baker @ 09:47 PM
George
perhaps time to get back to the real world?
I hate to burst your bubble but the rest of the world thinks this place is sorted and couldn’t give a flying f@*k about the transfer of P&J;.
In those circunstances, without any legal obligation, black ops (what size is your tin foil hat?) aside autum 2008 is even looking unlikely.
Posted by on Feb 25, 2008 @ 05:39 PMIf P&J;is devolved, does anybody know how it is expected to improve the actual lives of the citizens? Have the executive or any parties spelled out exactly what changes they propose?
Posted by on Feb 25, 2008 @ 05:40 PMBonarLaw,
the rest of the world also couldn’t give a flying f*ck if the DUP were roasted over a hot spit to force them to finish the job.It’s all a question of what the rest of the world (British, Irish and American governments with a sprinking of EU cash) think is the best way forward. How hard to push is the question.
I suppose we could start in May by ensuring that less than 30 top American Executives arrive for the big investment conference in NI as opposed to the 60 Nigel Dodds is expecting.I can hear it now:
“Invest in Northern Ireland? Well we would love to but obviously the security situation hasn’t bedded down enough as you people can’t even be trusted to run your own justice department.
Give us a call when you have the issue sorted.”
I have said before that no one gives a hoot about when exactly justice powers are transferred but transferred they will be. And there is nothing the DUP can do to stop it.
It may take one year, it may take two, hell it may even take three. It all depends on how much pain the DUP can take, how many investment opportunities are missed before people say enough.
But in the end it will make no difference as the powers will be devolved.
I put the “black ops” in inverted commas in case you didn’t notice. I saw it on here earlier this week and liked its ring.
ding ding
What I mean is that an awful lot of pressure can be exerted on unionism from an awful lot of places if “the rest of world” wants something to happen. Not least turning down the flow of cash and the investment opportunities.Up until now unionism has always buckled in the face of concerted pressure. What makes you think this will be any different?
I hope you aren’t banking on Jim Allister.
Posted by on Feb 25, 2008 @ 05:56 PMGeorge
I don’t do futuring.
It’s a mug’s game.
I just try to get as accurate a picture as possible of where we are now.
Posted by on Feb 25, 2008 @ 06:07 PMPete summed it up best for me when he said there’s only one party attempting any conning. SF know they never received an actual commitment to a date for devolution of P&J;powers - so they’ll make a lot of noise and blow a lot of smoke to distract from this basic fact, and make unionism out to be the bad guys for not living up to commitments that don’t exist. For all the ifs and buts no-one cant point out where any party agreed to a date for devolution of these powers. The DUP are on firm ground here and have nothing to lose with the electorate by sticking to their guns on this one.
The two Governments can make all the noises they want but in the absence of any actual obligation, they are powerless to do anything, except overrule the democratic process of course. As has already been said, the rest of the world thinks we are all sorted over here; this is just crossing the ts and dotting the is to them.
Posted by on Feb 25, 2008 @ 06:28 PMPete,
living in the present without taking into account the dynamics of the process we are in is also a mugs game.You are merely giving a snapshot in time, a two-dimensional view that, in my opinion, doesn’t take into account the past and future momentum.
It is as representative of the momentum in this transfer of powers process as the “not a bullet, not an ounce” snapshot was of where the momentum was in the decommissioning process.
Accurate of where we were then and accurate of the obligations on the IRA at that time but no indicator of where everyone knew we were going.
The DUP are in a process and have stated they are totally in favour of devolving justice once the “confidence” is there.
Just as the Provos had to constantly justify holding on to their arms, the DUP will have to justify time and again that Northern Ireland isn’t ready to look after justice.
The dogs in the street knew the Provo position was untenable in the long term and the dogs in the street know the DUP position is equally untenable.
Call it futuring if you will.
Posted by on Feb 25, 2008 @ 06:34 PMGeorge: Just as the Provos had to constantly justify holding on to their arms, the DUP will have to justify time and again that Northern Ireland isn’t ready to look after justice.
So, the clock is ticking. Based on that precedent the DUP have about 5 years before Republicans can reasonably criticise them. I’m sure it will be sorted out by then
Posted by on Feb 25, 2008 @ 07:21 PMThere is a second tranche of questions raised by the report that no one has thus far raised: what exactly are these ministries going to scrutinise?
Posted by on Feb 25, 2008 @ 09:54 PMPete:
“I just try to get as accurate a picture as possible of where we are now.”
Where we are now, is that the DUP are sharing power with the SF whilst the latter are still linked to an IRA Army Council.
The longer that situation persists, the more and more impatient the DUP grassroots will become (see Dromore by-election results).
But the DUP can’t drop out of power-sharing precipitately, without looking foolish for jumping in in the first place. If they do, Allister and the ‘Prodiban’ will pounce with Trimble analogies.
So, how to persuade the nice folks of the IRA Army Council to wind up, so as to ease the DUP’s problems with their grassroots? What possible sweetener could the DUP throw to SF??
What about an early date for devolution of P&J;powers?
It’s called realpolitic.
Posted by on Feb 26, 2008 @ 05:38 PMHow’s about this for an example of Sinn Fein co-operation with the police:
http://sinnfein.ie/news/detail/24590
“I intend meeting with the PSNI in the coming days for the purpose of bringing charges of threatening behaviour and intimidation against this individual.”
Unthinkable a year ago.
Posted by on Feb 26, 2008 @ 05:40 PM
