National Crime Agency
House of Lords

Lord Empey (UUP)

To ask Her Majesty's Government what are the implications for the establishment of the proposed National Crime Agency of a refusal of the Northern Ireland Executive to support a legislative consent motion to give effect to its operations in Northern Ireland.

To ask Her Majesty's Government what assessment they have made of the effectiveness of the proposed National Crime Agency if it is not operational in all areas of the United Kingdom.

To ask Her Majesty's Government, in the event of a refusal by the Northern Ireland Executive to support the establishment of the National Crime Agency in Northern Ireland, what steps they will take to take to ensure that crime will be effectively fought in all areas of the United Kingdom.

To ask Her Majesty's Government what discussions they have had with the Northern Ireland Executive on the establishment of the proposed National Crime Agency; and what was the outcome of those discussions.

To ask Her Majesty's Government whether they intend to provide for the continuing operation of the Serious Organised Crime Agency in Northern Ireland in the event of a refusal by the Northern Ireland Executive to support a legislative consent motion to assist the establishment of the National Crime Agency.

To ask Her Majesty's Government whether officers of the proposed National Crime Agency (NCA) could operate in Northern Ireland following a refusal of the Northern Ireland Executive to support the establishment of the NCA in Northern Ireland.

Lord Taylor of Holbeach (Whip, House of Lords; Conservative)

The Government are disappointed by the Northern Ireland Executive's decision not to give legislative consent for the new National Crime Agency. We are committed to delivering a UK-wide crime fighting agency focused on tackling serious, organised and complex crime

We respect the devolution settlement in Northern Ireland and the convention that we do not legislate at Westminster on matters within the legislative competence of the Northern Ireland Assembly without the consent of that assembly. Accordingly, in the light of the Executive's decision, the Government are looking carefully at the provisions in Part 1 of the Crime and Courts Bill to see how they can best be modified to give the National Crime Agency some functionality in Northern Ireland, but in a way that does not require a legislative consent motion.

We will work carefully with the Department of Justice in Northern Ireland to mitigate the operational impact of the Executive's decision. We will be seeking to preserve, as far as we can, the operational relationship between the National Crime Agency and the Police Service of Northern Ireland. The Northern Ireland Justice Minister is best placed to decide how best to engage with his colleagues in the Executive Committee in order to ensure the necessary cross-community support to secure legislative consent. We are keeping in close touch with him on this matter; David Ford has our full support to lead discussions to take forward what is a devolved process. Our commitment to a UK-wide agency and to working with the Police Service of Northern Ireland (PSNI) to protect the people of Northern Ireland from the corrosive effects of serious, organised and complex crime has not diminished.

Given devolution arrangements, the result of the Northern Ireland Executive's decision will be that a National Crime Agency officer would not have access to the powers of a Northern Ireland constable. They would still have access to the powers of a customs officer and immigration officer, as these are reserved matters.

While we are looking carefully at the arrangements in the Bill we remain open to continue discussions with the Northern Ireland Executive.