Damian O'Loan (Paris): After months of deadlock, it looks as if there is finally movement on the transfer of policing and justice powers to the Stormont Assembly. Sinn Féin had falsely claimed that a May 'O8 deadline for the transfer was secured in the St Andrews Agreement. The DUP opposed any deadline, which was was fundamental to Sinn Féin's vote to support the police. That support in turn was crucial for the creation of the current Stormont executive – hence the present crisis.
Now the two main parties have decided there will be a single Policing and Justice Department and Minister, and that they will not field candidates. The Alliance leader has snubbed suggestions they will accept the 'gift.' The SDLP are next in line for a ministry under the d'Hondt mechanism, and its Justice spokesperson appears willing. This is surprising for those who feel that, under a SF/DUP majority, it would bring only bad press.
Firstly, it is significant that neither Mark Durkan, party leader, nor Dolores Kelly, Policing Board member, nor indeed Alex Attwood has commented. Secondly, the powers and budget of the Ministry are far from certain, and their agreement may prove challenging. Most importantly, the Minister need not be an MLA, but could be "somebody from a party outside the Executive or from outside the Assembly," as Peter Hain suggested.
What might the SDLP do with it? The budget may be key in this respect. If, surprisingly, the Northern Ireland Office (NIO) offer is insufficient, the party's Minister would be forced to levy a 'policing precept' with local rates - electorally disastrous. It may accept on condition this wouldn't arise, it may play hard-ball with the NIO afterwards; in any case it has an election pledge to honour.
The controversy overlooks the vast transfer of policing powers already secured. Complicated structures including District Policing Partnerships, the Police Ombudsman and the Policing Board would be enormously difficult to change. Given the SDLP's instrumental role in these structures, reform seems unimaginable.
MI5, though, has assumed primacy on national security. Its secrecy means oversight of the police is in grave danger. Though the Ombudsman has announced a deal on sharing information, he has failed to publish it. It also looks likely that the Ombudsman's independent historical enquiries unit will be merged with the police's equivalent team - though independence is core to its success. An SDLP Minister would presumably try to ensure the new body would maintain this, and have a strong legislative basis.
We could expect the SDLP's more demanding position on restorative justice to be tabled at Executive level. It would certainly be refused by the ruling parties, but this may be another battle the party would accept. Happily, any eventual Minister could work closely with the SDLP Social Development Ministry on tackling the alleyways, unlit areas and absence of resources that facilitate anti-social behaviour. Fixed penalties would be a strong vote ofconfidence in police reform to date.
An all-Ireland criminal assets bureau may harm Dublin-London relationships, but an equivalent sex-offender's register would be logical. Humane treatment with a decent, local detention centre for asylum seekers may be introduced. Garda-PSNI secondments would be promoted, while women would still have to travel to Great Britain for an abortion, in line with the 1967 Act.
It would seem foolish to support transferring powers then refuse them. Acceptance, though risky, would be mature and progressive. In any case, my bet is on an outsider to take the post – if one can be agreed upon.
Neither the DUP nor Sinn Féin approached Alliance, the sole opposition party, on the matter. They ought to have, given David Ford's definitive rejection. Though that door is closed, SF will not wish to contemplate two SDLP Ministers at the Executive table. They would serve their own interests better by the available, outside appointment. The DUP would have no reason to strongly oppose this idea - and agreement in this discussion is rare. The public interest could thus be ignored for the sake of petty politics and a non-elected Minister could control this key arm of government. Community confidence?