ANALYSIS:Detailed timetable for transfer of powers and precise nature of justice portfolio now agreed, writes DEAGLAN DE BREADUNPolitical Correspondent
THE AGREEMENT on devolution of policing and justice powers seeks to lay to rest a key point of division between the communities in Northern Ireland.
The modern Troubles began on October 5th, 1968, when demonstrators were beaten by members of the then Royal Ulster Constabulary at a civil rights march in the centre of Derry.
The role of the police has long been controversial, with constant claims by the minority community in the North that it was a sectarian and repressive force.
The Patten report arising out of the 1998 Belfast Agreement brought forward comprehensive proposals for cross-community policing.
However, Sinn Féin still held back from giving its approval to the Police Service of Northern Ireland (PSNI). A special ardfheis in January 2007 voted to accept the PSNI, thus paving the way for Assembly elections and the restoration of the powersharing executive.
However, the Sinn Féin vote was based on the understanding that full policing and justice powers would be devolved from Westminster to Stormont (the Policing Board already has a significant role).
A timetable for the transfer of powers has now been agreed. Following “community consultation” – allaying the worries and concerns of their grass-roots – First Minister Peter Robinson and Deputy First Minister Martin McGuinness will jointly table a resolution in the Stormont Assembly on March 9th.
The British government will set out the parliamentary schedule in Westminster for the related legislation required to effect devolution. The Assembly resolution will be subject to a majority of both the MLAs who have designated themselves Nationalists and those who have designated themselves Unionists – and a majority of the whole Assembly.
Following approval of the proposal on this cross-community basis, the devolution of policing and justice powers is set to take place by April 12th.
A new department of justice will be established, with its own minister who “will be responsible for devolved policing and justice policy and legislation”.
The justice minister can be nominated by any member of the Assembly but must be elected by a cross-community vote. This is a departure from the d’Hondt procedure, under which the SDLP would be entitled to the job.
This Monday, Peter Robinson and Martin McGuinness will convene a meeting of party leaders to consider “applications of interest” for the post.
The agreement specifies that the “the purpose of this meeting will be to allow the First Minister and Deputy First Minister to identify which candidate they believe is best able to command cross-community support in the Assembly”.
The person likely to get the job is David Ford (58), leader of the Alliance Party of Northern Ireland and a former social worker.
This cross-community provision will lapse in 2012 so there will need to be a fresh agreement at that time.
The agreement stresses the commitment of the parties to an independent judiciary and stresses the “paramount importance” of ensuring the judicial function remains independent of government and “immune from any partisan or political interest”.
The document also specifies that the chief constable of the PSNI “will be operationally responsible for directing and controlling the police”.
There will be an addendum to the North’s Programme for Government (PfG) on the department of justice which will be drafted by the Justice Minister and brought to the Assembly for approval.
The agreement urges that the addendum “be drafted collaboratively with officials from relevant departments”.
The new minister is asked to learn from “international best practice in matters of criminal justice”; ensure “equality of access to justice for all”; establish a sentencing guidelines council; review “alternatives to custody” as well as “the conditions of detention, management and oversight of all prisons”; give consideration to “a women’s prison, which is fit for purpose and meets international obligations and best practice”; and develop a Victims’ Code of Practice, “setting out a minimum standard of service”.