Lord Caine

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That the Bill be now read a second time.

The Parliamentary Under-Secretary of State, Northern Ireland Office (Lord Caine) (Con)

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My Lords, I apologise at the outset if my voice is a little croakier than normal: it is entirely down, I think, to four days of singing “God Save the Queen”.

Before turning to the Bill, I would like to make two brief observations. First, I associate myself and the Government with the outrage and abhorrence expressed throughout Northern Ireland in recent days at the vile videos circulating regarding the tragic killing of Michaela McAreavey in 2011. The actions of those responsible are contemptible beyond words; they are in no way representative of unionism or loyalism, and our thoughts are very much with the McAreavey and Harte families at this very difficult time.

Secondly, and on a more positive note, Northern Ireland, like the rest of the United Kingdom, has just spent four days celebrating the glorious reign, devotion to duty, integrity and selfless leadership of Her Majesty the Queen. I would like to thank all those responsible for planning events and activities that I know were enjoyed right across the community. The fact that I had messages at the weekend from people of a nationalist background expressing their admiration for the Queen is testimony to Her Majesty’s unique ability to unite people and bring them together.

The context of the Bill before the House this afternoon is the collapse of devolved government from 2017 to 2020 and the intensive efforts over almost three years to restore it. Although issues around language and identity were not the prime reason for the collapse in January 2017, during the subsequent Assembly election and beyond the capacity of these issues to poison debate and paralyse politics in Northern Ireland became all too apparent. It quickly became clear that without substantial progress on them, there was little prospect of seeing a return of the institutions that are such an integral part of the Belfast agreement that we in this Government staunchly support and uphold.

I will not detain the House with the details of the multiple phases of talks that took place during those three years. As one who played a role in the majority of them as a government adviser, I can say that it was a deeply frustrating experience that I do not look back on with any affection. It was proof, if any were needed, that it is far easier to pull down the institutions in Northern Ireland than it is to build them.

Eventually, following the 2019 general election, in January 2020 the UK and Irish Governments were able to present the document New Decade, New Approach to the main Northern Ireland parties as the basis for reforming the Executive, which duly happened. Of course, integral to New Decade, New Approach were commitments, principally though not exclusively in Annexe E, on identity and language, based on the discussions of the previous three years. Crucially, the document contained a commitment in part 2, paragraph 25 to

“respect the freedom of all persons in Northern Ireland to choose, affirm, maintain and develop their national and cultural identity and to celebrate and express that identity in a manner which takes into account the sensitivities of those with different national or cultural identities and respects the rule of law.”

As set out in New Decade, New Approach, the provisions on identity and language were to be taken forward by the restored Executive through three separate pieces of legislation, the main contents of which were published in Annexe E and in the three draft Bills prepared by the Office of the Legislative Counsel in Northern Ireland at the request of the UK Government, to support a successful conclusion to the ongoing political talks to restore the Executive. Once passed, these Acts would then become new, dedicated parts of the Northern Ireland Act 1998, reflecting the importance and significance of these issues to many people right across society.

It was always the Government’s intention and very clear preference that these provisions would be delivered by the Northern Ireland Executive and Assembly, as they are devolved matters. Regrettably, however, by the autumn of last year it became clear that this was unlikely to happen any time soon, and my right honourable friend the Secretary of State for Northern Ireland decided to take these matters forward in this sovereign Parliament of the United Kingdom. The Bill before the House today honours that commitment. It represents a balanced package of measures that faithfully implements in one piece of legislation Annexe E of New Decade, New Approach, recognises Northern Ireland’s rich diversity of identity and language, and benefits both Irish language speakers and those from the Ulster Scots and Ulster British tradition.

It comes in addition to a number of other steps being taken by the UK Government under New Decade, New Approach, as set out in the annexe on UK Government commitments to Northern Ireland. Last year, therefore, we announced £2 million in funding for Northern Ireland Screen’s Ulster Scots and Irish language broadcasting funds to help deliver more high-quality Irish and Ulster Scots broadcasting in Northern Ireland. In May of this year, the Government officially recognised Ulster Scots as a national minority under the Council of Europe’s Framework Convention for the Protection of National Minorities. At the same time, under the section of New Decade, New Approach titled, “Addressing Northern Ireland’s unique circumstances”, we made available £4 million to the Irish Language Investment Fund to support capital projects associated with the Irish language.

Turning to the Bill, Clause 1 amends the Northern Ireland Act 1998 to make provision for national and cultural identity principles and requires specific public authorities to have due regard to them when carrying out their functions. To summarise, these principles affirm the freedom of everybody in Northern Ireland to choose, affirm, maintain and develop their national and cultural identity within the law. They establish the important role of public authorities in promoting reconciliation, tolerance and parity of esteem. The clause also establishes a new office of identity and cultural expression to promote awareness and to monitor and encourage compliance with the principles outlined above. It will be a statutory body and its director will be appointed by the First and Deputy First Ministers of Northern Ireland, acting jointly. It will be able to provide funding to groups and organisations in support of the cultural and linguistic heritage of Northern Ireland.

Clause 2 amends the Northern Ireland Act to make provision for the official recognition of the status of the Irish language and the appointment of an Irish language commissioner to enhance and protect its use by public authorities when they are providing services. The commissioner, who will be appointed by the First and Deputy First Ministers, acting jointly, will develop standards of best practice to which public authorities must have due regard. These standards, intended to be “reasonable, proportionate and practical”, will have to be approved by the First and Deputy First Ministers before they can take effect. The commissioner will also monitor and promote compliance with approved standards and investigate complaints where it is claimed that a public authority has failed to comply with its obligations.

Clause 3 makes provision for the appointment of a commissioner for the enhancement and development of the language, arts and literature associated with the Ulster Scots and Ulster British tradition. They will, for example, promote awareness of Ulster Scots services provided by public authorities and provide and publish advice, support and guidance in respect of language, arts and literature. Reflecting the Government’s recent recognition of Ulster Scots under the framework convention, this advice will also cover the effect and implementation of certain named international instruments. The commissioner will also be required to investigate complaints that a public authority did not have due regard to guidance relating to facilitating the use of Ulster Scots in the provision of services to the public.

The Government are of course mindful of the potential impacts of these three new public authorities on Northern Ireland’s carefully balanced constitutional framework, including the north-south language body and human rights institutions. For that reason, all three new public authorities will be able to co-operate with and, as they deem fit, consult the various language bodies and human rights institutions in Northern Ireland as they go about their work, such as the Ulster-Scots Agency and Foras na Gaeilge, which I met in Belfast last week. This reflects the vision set out in New Decade, New Approach.

Clause 4 will repeal the Administration of Justice (Language) Act (Ireland) 1737 so that provision for the use of languages other than English in proceedings will be a matter for the Northern Ireland Courts Service to determine as and when it deems necessary. I should point out to those who might still be concerned about this that the equivalent legislation for England and Wales was repealed by Lord Palmerston in 1863.

Clause 5 amends the Education (Northern Ireland) Order 1998 to place a duty on the Department of Education in Northern Ireland to encourage and facilitate the use and understanding of Ulster Scots in the education system. Clauses 6 and 7 contain important concurrent powers and powers of direction for the Secretary of State to ensure the implementation of the commitments in this Bill. Finally, the remaining Clauses 7 to 11 deal with consequential and general provisions.

The Bill is an important milestone in the delivery of New Decade, New Approach, which was so instrumental to the restoration of devolved government in January 2020. It takes forward commitments on identity and language for the whole community in Northern Ireland. In doing so, this Government recognise the rich tapestry of identities, languages and culture which enhance, enrich and strengthen, rather than weaken, our United Kingdom.

This legislation complements and underpins this Government’s vision of a Northern Ireland which is open, inclusive and tolerant and embraces people from all parts of the community regardless of their religious belief, political opinion or racial group. This Government are and will remain steadfast in their belief in the union and Northern Ireland’s integral place within it, but recognise that, if the union is to prosper and endure, it must work for everyone. I believe that this carefully balanced piece of legislation achieves just that. In that spirit, I commend it to the House. As they say in Irish, sin é. I beg to move.

Lord Caine (Con)

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My Lords, it is a great pleasure to respond to this debate, and I thank all those who have taken the time to participate this afternoon. If I may, I particularly welcome the tone and approach just shown by the noble Lord, Lord Murphy, who was a very distinguished Secretary of State for Northern Ireland, as I have said before. I agree with many of his wise words, particularly around the Belfast agreement and the need to restore the political institutions, so I thank him very much for his contribution. I cannot match the level of knowledge of the Welsh language he displayed, the knowledge of Scots displayed by the noble Baroness, Lady Suttie, or indeed the knowledge of Norwegian set out by my noble friend Lord Moylan. As a native of the West Riding of Yorkshire, it is sometimes said that we also have our own language or dialect occasionally, which I will not detain the House with.

A common thread among a number of comments, including from the noble Lord, Lord Murphy, and the noble Baroness, Lady Suttie, was the need to take the sting out of this issue. As I said in my opening remarks, I experienced the three years in which it poisoned and paralysed politics in Northern Ireland and prevented the effective functioning of the devolved institutions. One of the aims of the Bill, frankly, is to deal comprehensively with language and identity issues in a way that allows the sting to be taken out of them, allows them to be depoliticised, and prevents them paralysing politics in the way that they have previously.

The Bill takes forward a number of commitments in New Decade, New Approach and sets up a framework through which the Executive can themselves deliver the offices and the two commissioners. These commitments were clearly made for the Executive to deliver. I think it was the noble Lord, Lord Hay, who referred to funding; we are very clear that, consistent with undertakings at the time of New Decade, New Approach, this would be for the devolved Administration to take forward. They would set the funding from the very generous block grant. I remind the House that the spending review settlement from last autumn was the largest since devolution was restored in 1998-99.

It is also worth remembering, as I said at the outset, that the Bill did not suddenly appear out of nowhere. It is very firmly based on the New Decade, New Approach document, which I again remind noble Lords formed the basis of the re-establishment of devolved government in January 2020. That document was based on three years of detailed discussions and negotiations, and the Bill reflects that status. We plan to pass the legislation through Westminster for the reasons I outlined in my opening speech, but it is of course open for the Northern Ireland Assembly to take it forward, to add to it and to take it in different directions on a future occasion.

The noble Baronesses, Lady Suttie and Lady Harris of Richmond, referred to the European Charter for Regional or Minority Languages. They claimed that the Bill falls short of some of the commitments in that charter. This is the New Decade, New Approach agreement, at Annex E, being faithfully implemented. The Government support and celebrate linguistic diversity—no question of that—which is why we signed and ratified the European charter in 2001. The Bill represents a significant step forward regarding provision for Ulster Scots and the Irish language, but as I said, if the Executive wish to take things forward on a future occasion, they can.

Given some of the comments raised during debate, it is important to put on record some of the things that the Bill does not do. As I think I made clear, it does not deviate from the carefully balanced position in New Decade, New Approach, nor, I contend, favour one side of the community over the other. I strongly push back on the comments of the noble Baroness, Lady Hoey, that the Bill represents a stand-alone Irish language Act. It certainly does not. The Bill contains provisions for all parts of the community and a clear reading of it makes that apparent. It does not alter, diminish or adversely affect the status of English as the de facto language of Northern Ireland. It does not result in one language, culture or identity being elevated above or treated more favourably than any other. It does not, for example, create quotas for Ulster Scots or Irish speakers in public service roles.

Lord Caine (Con)

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The noble Baroness says “Yet” from a sedentary position. The Bill, with its safeguards, makes it clear that any best practice and any schemes would have to be approved by the First and Deputy First Ministers acting jointly, one of whom, I assume, would be a unionist. That is an important safeguard.

The legislation does not make the teaching of the Irish language or Ulster Scots compulsory in schools, and it does not impose mandatory bilingual road or street signs, which will remain a matter for local councils to decide. The noble Baroness raised a number of what I can only describe as scares about the potential expansion of the Bill’s provisions, but that could come about only with the agreement of the First and Deputy First Ministers, one of whom, as I said, will, I imagine, always be a unionist.

Turning to a number of the other points, I will try to be as brief as possible. A number of noble Lords, including the noble Baroness, Lady Goudie, I think, talked about the appointments process. The public appointments process will be for the First and Deputy First Ministers and the Executive to decide; obviously there are well-established procedures in Northern Ireland for public appointments, which will have to be adhered to. We hope that once the legislation is passed, the appointments can take place as swiftly as possible, in a timely manner. However, if that is not the case, there are of course the concurrent powers for the Secretary of State to step in. A number of groups raised with me last week why there is not some time limit by which the Secretary of State is obliged to step in. I think the Government’s view is that the Secretary of State ought to retain the discretion to decide when and how to intervene, depending on the circumstances at the time.

The number of bodies to which the legislation applies is set out in the Public Services Ombudsman Act (Northern Ireland) 2016 but, again, it would be open to the First and Deputy First Ministers to add or subtract to those bodies through legislation in the Assembly.

The noble Baroness, Lady Suttie, talked about ministerial approval of Irish language standards, which I have slightly touched on already. It is a faithful implementation of New Decade, New Approach; for the sake of complete accuracy, I draw her attention to paragraph 5.8.1 of Annexe E. I have dealt with her point about the European charter.

The noble Baronesses, Lady Suttie and Lady Harris of Richmond, talked about engagement with Ulster Scots. As I mentioned in my opening speech, and as the noble Baroness kindly acknowledged, I met the Ulster-Scots Agency in Belfast last week and it was broadly supportive of the Bill’s provisions. Of course, the Government have, over a pretty lengthy period, been engaging with a large number of groups that have an interest in this legislation.

The noble Lord, Lord Browne of Belmont, talked about an imbalance in the implementation of New Decade, New Approach, as did a number of noble Lords from the Democratic Unionist Party. I just gently point out that, in addition to this legislation, the Government passed the Northern Ireland (Ministers, Elections and Petitions of Concern) Act fairly recently, at the heart of which was providing for greater resilience in the institutions of the Belfast agreement—a key demand of the Democratic Unionist Party going into the discussions after the institutions were pulled down in 2017. Very quickly we appointed a veterans commissioner and an office for veterans, and we have provided £3 million for events to celebrate and mark the centenary of Northern Ireland. There are things that the Government have done over the past two years in implementing New Decade, New Approach which have benefited all parts of the community. However, of course I accept that there is more to do.

That leads me on to the Northern Ireland protocol, raised by a number of noble Lords. The Government’s position on this has been pretty well set out by my right honourable friend the Foreign Secretary. The Government recognise very serious defects in the implementation and construction of the protocol. As I have said in this House on a number of occasions, it has diverted trade, increased burdens on business, disadvantaged consumers and led to political instability in Northern Ireland—witness the lack of a functioning Executive since February. The Government are committed to resolving those problems and, if I may put it like this, I do not think noble Lords will have to wait too much longer to find out what the Government propose to do in this respect.

My noble friend Lord Moylan mentioned road signs in the Republic of Ireland. As I have just made clear, there are no provisions in this legislation that would deal with road signs or change the existing position in Northern Ireland.

My noble friend Lord Moylan, the noble Baroness, Lady Hoey, and other noble Lords talked about our commitment to the Belfast agreement. I have been a supporter of the Belfast agreement since 10 April 1998, when it was signed. Again, I pay tribute to the noble Lord, Lord Murphy, for his key role in bringing about that agreement. But if there are no institutions functioning in Northern Ireland—no Assembly and no Executive—strands 2 and 3 do not work and the agreement begins to look incredibly thin. For that reason, the Government took action and spent three years trying to reach an agreement to get the institutions back up and running.

Lord Caine (Con)

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We put through a number of pieces of legislation— for example, the Northern Ireland (Executive Formation etc) Act, which, if the noble Baroness recalls, gave civil servants greater powers to spend money and keep government in Northern Ireland functioning. That is just one example.

As I was saying, the commitment of this Government to the Belfast agreement remains unwavering. It is because of that commitment that we have had to intervene on occasion. I take the point from around the House that it is unfortunate when this has to happen, but the situation in Northern Ireland is not akin to that in Scotland or Wales. At times, it has been necessary for the Government to take reserved powers or, in this case, concurrent powers to ensure that the institutions stay up and running.

I have sought to deal with a number of points and am sure I have missed some. I will go through Hansard and, where I have missed anything, endeavour to write to noble Lords.

The Parliamentary Under-Secretary of State, Northern Ireland Office (Lord Caine) (Con)

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My Lords, I am grateful to all those who have spoken to the first group of amendments before us. Before I turn to the detail of the amendments, I place on record my sorrow that the noble Baroness, Lady Ritchie of Downpatrick, is not in her place today to move her amendments. I am sure that I speak for the entire Committee in wishing her a speedy recovery and quick return to your Lordships’ House.

I speak first to Amendments 1 and 3, in the name of the noble Baroness, Lady Ritchie. I am grateful to the noble Baroness, Lady Goudie—with whom I had the pleasure of serving on the Protocol on Ireland/Northern Ireland Sub-Committee for a number of months—for stepping in at a moment’s notice. In broad terms, these amendments seek to amend the Bill’s first clause so that the

“national and cultural identity principles”

provided for in new Section 78F inserted by that clause would respect the “rights of others” rather than taking

“account of … those with different national and cultural identities”,

as drafted in the Bill. Amendment 1 from the noble Baroness, Lady Ritchie, would make this change, with the second providing a definition of the “rights of others”.

Although I understand the intent behind this amendment, I believe that this would not correctly reflect the national and cultural identity principles that were a matter of careful negotiation between those parties that agreed to New Decade, New Approach, and which are set out in paragraph 25 of that document. They were also set out in the same terms in the accompanying draft legislation that went with New Decade, New Approach. The provision in this Bill therefore reflects the terms under which the parties agreed New Decade, New Approach and re-entered the Executive in January 2020. It has been our approach throughout to reflect in good faith that agreement from January 2020, and I believe that it would be inconsistent with that approach if we were unilaterally to deviate from those principles today.

Amendments 5 and 6 seek to extend the remit of the office of identity and cultural expression. Amendment 5 seeks to include the effective implementation of relevant international human right standards and Amendment 6 would make provision on a comprehensive language strategy to include all spoken and sign languages used in Northern Ireland. As with the national and cultural identity principles, the role and remit of the office of identity and cultural expression have been carefully set out through New Decade, New Approach. I fear that these amendments would represent a deviation from the basis of NDNA; the Government are clear that they will not do this.

As some reassurance, I highlight that new Section 78H(4) will enable the First Minister and Deputy First Minister, acting jointly, to direct the office of identity and cultural expression. They could use this power, for example, to give consideration to certain international standards that they deem relevant or to develop strategies, such as overall language strategies or those on sign language. Of course, they would need to fall within the framework of the principles themselves. In addition, the office itself could decide to consider international human rights standards in the advice and guidance that it provides. Of course, as a number of noble Lords have made clear, we would much prefer this to be taken forward not in your Lordships’ House but by a future Executive and Assembly.

Quickly on the ECHR and human rights, I assure the noble Lord, Lord Murphy of Torfaen, my noble friend Lord Deben and others that this Government remain absolutely committed to the Belfast agreement in all its parts. That includes the commitments on the ECHR. As for a Bill of Rights, the noble Lord, Lord Murphy, blamed his own Government as much as anyone for the lack of one. As I have always said, the agreement is somewhat ambiguously drafted as to how that should be taken forward, but the policy of successive Governments has been that it is primarily a matter for the Executive and the Assembly. New Decade, New Approach established a committee of the Assembly to look at how this issue might be taken forward.

Lord Caine (Con)

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My Lords, I again thank noble Lords for their amendments in this group, which broadly focus on the role of public authorities within the Bill including, as the noble Lord, Lord Murphy, made clear, how we have sought to define them. The debate has once again reinforced just how much better it would be if this were being debated in the Northern Ireland Assembly rather than in the Grand Committee of your Lordships’ House.

I speak first the amendments in the name of the noble Baroness, Lady Ritchie, who cannot be here, which were spoken to by the noble Baroness, Lady Goudie. Amendment 18 seeks to amend new Section 78N, inserted by Clause 2, so that public authorities would have to comply with the best practice standard, rather than have due regard to them, as the current provisions of the Bill require. I will also address Amendment 39, which seeks to place a duty on public authorities to comply with obligations under the European Charter for Regional or Minority Languages.

Again, I point the noble Baroness to New Decade, New Approach and the draft legislation published alongside it, with which this Bill is consistent. At the risk of repeating myself—I fear that I may have to do it again during the course of this debate—the Government are as far as possible seeking to retain the position reached in New Decade, New Approach, which was not to create a wider set of legal duties than has been proposed by these amendments.

I may offer some reassurance, though. In new Clause 78N(2), to be inserted in the Northern Ireland Act 1998 by Clause 2, the Bill sets out that public authorities must “publish a plan” on how they intend to have due regard to the best practice standards; the commissioner must also be consulted on that plan. This seems to me to provide an assurance that public authorities will carry out their duties with rigour and with the support of the commissioner.

Amendment 21 seeks to widen the meaning of “public authorities” to include any UK-wide public authority that provides services to the public in Northern Ireland. New Decade, New Approach was clear that the Executive were to deliver this legislation. The UK Government have brought forward this Bill, which is based on legislation drafted for the Northern Ireland Assembly. The duties in the legislation that was published alongside New Decade, New Approach applied to the public authorities set out in Schedule 3 to the Public Services Ombudsman Act (Northern Ireland) 2016. There was no such commitment for them to apply to a different range of public authorities.

In some cases, I recognise that public services may be administered on behalf of Northern Ireland departments by the UK Government or a third party through agency or other arrangements. This can be the case for online services, for example. If a designated Northern Ireland department or public body decided to commission out the delivery of a public service, it would still need to consider its duties in so doing; the public authority concerned may decide that this requires it to ensure that the body delivering the services offers provision in the Irish language, for example. I hope that this provides some reassurance on the issue.

Amendment 39 would solely amend the provision on the designation of public authorities in respect of the Bill’s Irish language clause. It would not do the same for the provision on the national and cultural identity principles overseen by the Office of Identity and Cultural Expression, nor the measures associated with the Ulster-Scots and Ulster-British tradition. Making differential provision on the public authorities designated under various parts of this cultural framework would undermine the fact that this is a balanced package. That was the clear intention in New Decade, New Approach.

I will now speak more broadly to Amendments 2, 20 and 37, which seek to probe the definition of “public authorities” set out in the Bill. The definition used to define “public authorities” for the purposes of the Bill was taken, as with many other parts of the legislation, from the draft legislation that was published alongside New Decade, New Approach; that legislation was prepared by the Office of the Legislative Counsel at Stormont at the request of the UK Government back in January 2020. I suggest to noble Lords that the range of public authorities brought under the remit of this Bill, from district councils to universities and health trusts, is substantial. We are confident that the approach in the Bill captures the vast majority of public authorities with which the public in Northern Ireland would interact and from which they would receive services.

As noble Lords have pointed out, there is also further provision in the Bill for the First Minister and Deputy First Minister, acting jointly, to designate additional authorities or specified functions of them should that be required over time. We have ensured that the power for the First Minister and Deputy First Minister to designate public authorities are consistent with what the position would have been had the Northern Ireland Assembly, rather than this House, passed the legislation published alongside New Decade, New Approach. In response to an earlier question, the criteria really would be a matter for the First Minister and Deputy First Minister in the Executive to determine. We therefore consider that it would be inconsistent to expand the definition of “public authorities” beyond that set out in the draft legislation published alongside New Decade, New Approach.

Amendment 32 in the name of the noble Lord, Lord Morrow, and his Democratic Unionist Party colleagues seeks to create an additional legal duty on public authorities in respect of the Ulster Scots/Ulster British tradition and guidance published by the associated commissioner. I point out gently that New Decade, New Approach was very clear that the roles and functions of the two commissioners—the Irish language commissioner and the commissioner for the promotion of the Ulster Scots/Ulster British tradition—would be different. The provision for both is therefore different, including in respect of duties.

The language commissioner’s role pertains to matters of language alone. Their work focuses on best practice standards on the Irish language for public authorities to follow in providing services to the public. It is understandable that a corresponding legal duty would be needed in this case. By comparison, the commissioner associated with the Ulster Scots/Ulster British tradition will have a far more wide-ranging role than their Irish language counterpart, going beyond language, as we will probably discuss later, into arts and literature. The proposed legal duty on this wider range of activities would go far beyond the matter of services provided to the public, unlike those on the Irish language best practice standards.

The Bill does, however, provide for the commissioner to provide advice and guidance to public authorities, promote awareness of Ulster Scots services and receive complaints where a public authority has not had due regard to their guidance. There is also, as noble Lords will be aware, a specific legal duty in Clause 5 on the Northern Ireland Department of Education to

“encourage and facilitate the use and understanding of Ulster Scots in the education system”.

Again, this reflects a specific New Decade, New Approach commitment. We hope it will result in Ulster Scots rightly being reflected through the education system, going some way to address the difference in existing legislation, where similar provision has already been made for Irish-medium education. The Government believe that the existing provisions in the Bill will correctly support the development of the Ulster Scots/Ulster British tradition and the Irish language respectively, and will do so consistently with New Decade, New Approach, which was agreed by the two main parties which negotiated it between 2017 and 2020.

Finally, Amendment 4 in the name of the noble Baroness, Lady Hoey, seeks to address concerns raised in an article written over the weekend in a publication called Unionist Voice. Indeed, her speech followed the argument contained in that article very closely. For the benefit of those noble Lords who have not read it, the article suggested, as the noble Baroness made clear, that the Bill could require the Irish tricolour to be flown alongside the union flag on public buildings in Northern Ireland. This is not the case. I am grateful to the noble Baroness for raising this issue because it allows me the opportunity to state clearly before the Committee that, in the view of the Government, the article was inaccurate and fundamentally misunderstands the provisions in the Bill.

The Bill does not change the existing law on flag flying from government buildings in Northern Ireland. As I have said many times before, it faithfully delivers on the legislative commitments in New Decade, New Approach. Noble Lords will be aware that the existing flag regulations provide for the union flag, as the national flag of Northern Ireland, to be flown from Northern Ireland government buildings and courthouses on certain occasions, as well as the Royal Standard or the national flag of a visiting head of state. For police buildings, different regulations provide that the PSNI flag and, on certain occasions, the Royal Standard are the only flags that may be flown. In both cases, the law otherwise prohibits the flying of flags. That will remain the case. No provision will be made by this Bill in respect of flying another flag alongside the union flag. I should point out that a number of court judgments over the years have upheld the present law on the flying of the union flag.

The noble Baroness, Lady Hoey, referred—as did the article over the weekend—to a speech made by Mr Gerry Adams in 1998. I assure the noble Baroness that, to the best of my knowledge, Mr Adams does not direct UK government policy when it comes to the flying of flags in Northern Ireland, or any other part of the United Kingdom for that matter.

Lord Caine (Con)

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I am very familiar with that case, because I was an adviser in the Northern Ireland Office at the time. It was the subject of legal proceedings and, if the noble Baroness will bear with me, I do not really want to reopen what was settled in court. The matter was subject to a court case, and she is well aware of the outcome.

My noble friend Lord Empey and the noble Baroness, Lady Hoey, talked about the status of Northern Ireland. I can give an assurance that I have given many times before: the Belfast agreement is extremely clear, in the section dealing with constitutional principles, and it does not establish Northern Ireland as a hybrid state or a condominium. It is an integral part of the United Kingdom on the basis of consent. However, the Belfast agreement does contain—as those noble Lords present who helped to negotiate it will attest—important commitments around parity of esteem, which were a central part of the agreement in 1998.

But, as has been stated many times, the regulations relating to the flying of the union flag reflect, and are consistent with, Northern Ireland’s position within the United Kingdom—a position which, I assure noble Lords present, this Conservative and Unionist Government fully support.

Lord Caine (Con)

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I am extremely grateful to my noble friend, who makes a very powerful point. I agree with him entirely on those matters. The national flag—the union flag—is the flag of Northern Ireland. There is absolutely nothing in this legislation that will undermine the position of the union flag or force anybody to fly an Irish tricolour—or any other flag, for that matter—alongside it.

Lord Caine (Con)

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My Lords, I think we should probably move on. In summary, the provisions of the Bill—

Lord Caine (Con)

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I can: there has been a review of the number of days on which the union flag is flown officially throughout Great Britain. There has been a reduction in the number of such days, and that will be reflected in Northern Ireland legislation which I will bring before your Lordships’ House fairly soon. All that is doing is ensuring that Northern Ireland is in step with the rest of the United Kingdom.

In conclusion, the provisions of the Bill do not have the effect that has been suggested in the noble Baroness’s speech, and for that reason I cannot accept the amendment.

Lord Caine (Con)

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My Lords, again, I am very grateful to all noble Lords who spoke to this group of amendments. I start by saying that the Government are committed to supporting the culture and heritage of the Ulster Scots and the Ulster British tradition in Northern Ireland. This includes £1 million in funding for Northern Ireland Screen’s Ulster-Scots Broadcast Fund, which was delivered last year, and the formal recognition this year of Ulster Scots as a national minority under the Council of Europe’s Framework Convention for the Protection of National Minorities. The Bill does not in any way take away from the recognised status of Ulster Scots in a number of international instruments. Indeed, its provisions protect that status and actually broaden it.

As I have said on a number of occasions, the Bill seeks faithfully to deliver on the legislative commitments in what the then leader of the Democratic Unionist Party, Dame Arlene Foster, described in January 2020 as a “fair and balanced” package. It was very clear in that package that the remit of the commissioner in respect of the Ulster Scots and Ulster British tradition would be matters of “language, arts and literature” and not culture and heritage. In the Bill we are sticking faithfully to what was in New Decade, New Approach.

Perhaps I might give some reassurance. In the new cultural framework provided for by the Bill, the office of identity and cultural expression will have an important grant-making power and will be able to commission research, support educational programmes and provide guidance reflecting Northern Ireland’s diversity of national and cultural identities. That would seem naturally to include the Ulster Scots/Ulster British tradition, given its prominence, and I hope that provides some small degree of reassurance on that point.

I also highlight that the Irish language commissioner’s role is limited to language, reflecting the particular needs of Irish speakers. If we were to widen the provision for one commissioner to include cultural matters, it is perfectly possible, given the nature of Northern Ireland, that demands could then follow from those expecting the same of both. So we need to be slightly careful on these matters.

Lord Caine (Con)

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I am grateful to my noble friend. On this, as on many issues, I have a huge amount of respect for what he says. But in this particular area, and on the point he makes, all we are doing in this legislation is reflecting the language and the remit set out in New Decade, New Approach. I completely appreciate that my noble friend and his party were not signatories to or supporters of that agreement. Nevertheless, there was an agreement in January 2020 which formed the basis of the restoration of devolved government and that is what we are seeking faithfully to implement here.

Amendments 7 and 22 are important. Taken together, they seek to differentiate between the Ulster Scots and the Ulster British tradition by pluralising them and making them “traditions”. I note the sensitivity of this matter and, indeed, of the title of the associated commissioner in this context, and I am grateful to the noble Lord, Lord Morrow, for the way in which he spoke about these matters.

Let me say this: although I am not in a position to commit fully to anything today, I genuinely have a great deal of sympathy with the noble Lord’s amendments and the intention behind them. If he will allow it, I will therefore endeavour to explore them further ahead of Report.

Amendment 43A—a late addition to the Marshalled List on which the noble Lord, Lord Dodds, spoke—seeks to place the Secretary of State under a duty to

“establish and maintain a fund to … connect Ulster Scots in Northern Ireland with Ulster Scots in the rest of the United Kingdom.”

On this, again, I say that the Government are committed to supporting the Ulster Scots and Ulster British tradition —or traditions, if you like—which forms an integral part of Northern Ireland’s rich tapestry. However, the creation of such a fund as provided for by this amendment would go way beyond what was set out in New Decade, New Approach. We therefore cannot accept this amendment.

The noble Lord, Lord Dodds, asked me a number of detailed questions regarding funding, the answers to which I do not have readily to hand. However, I think he referred to Irish language centres; from memory, that was a commitment under the Hillsborough Castle agreement back in 2010, although I would have to double-check that. Anyhow, if the noble Lord will allow me, I will write to him in detail well in advance of Report so that, if he wishes to explore these matters further, he will be able to do so.

Lord Caine (Con)

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My Lords, I thank my noble friend Lord Dodds of Duncairn for the way in which moved his amendment. The effect of this group of amendments would be to place the Secretary of State under a duty to assess ahead of commencement, and annually thereafter, the costs arising from the three bodies.

I genuinely appreciate the intent behind these amendments but it is, as my noble friend Lord Deben made clear in his comments, not a matter for UK Government Ministers to conduct annual assessments for public bodies for which they are not directly responsible. The three public authorities established by this Bill will be administered, supported and funded by the Executive Office and fall squarely under the devolved competence of the Northern Ireland Assembly.

My noble friend referred to the estimated costs of the bodies. That will be a matter for the Northern Ireland Executive and the Assembly, although my officials—I think this is in the Explanatory Notes—have estimated through comparison with similar bodies a figure in the range of around £9 million per annum for all three bodies to run. As my noble friend Lord Deben highlighted, expenditure from the Northern Ireland Consolidated Fund is for the Northern Ireland Assembly to scrutinise. That is why, in the case of all three authorities, specific provision is made for the Executive Office to lay a copy of the statement of accounts and the statement of the Comptroller and Auditor-General for Northern Ireland before the Assembly.

Although Parts 6 and 7, which we will come on to later, make provision for the Secretary of State to ensure the implementation of the provisions in this Bill if that is absolutely necessary, I again highlight that it is not the intention of either the Government or that part of the Bill to result in a situation in which the Secretary of State routinely involves himself in transferred matters.

These amendments would make the Secretary of State’s involvement in transferred matters of identity, language and culture a permanent feature. We would prefer those to remain considerations for Northern Ireland’s devolved institutions. For that reason, I urge my noble friend to withdraw his amendment.

Lord Caine (Con)

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My Lords, it is a great pleasure to respond to the speeches that have been made on this group of amendments. I thank, in particular, my noble friend, Lord Lexden and the noble Lords for the DUP for tabling the amendment. It is hard for me to add a great deal to what my noble friend Lord Lexden said about Castlereagh. A few weeks ago I had the great privilege of spending two or three hours at Castlereagh’s childhood and family home, Mount Stewart in County Down. For noble Lords who have not been, the restoration carried a few years ago by the National Trust is outstanding. It is impossible to leave Mount Stewart without being very conscious of the towering contribution that Castlereagh made to Irish, British and European history and politics. I concur with everything that my noble friend Lord Lexden said about Castlereagh, Pitt and the union. I think I am right in saying—he will correct me if I am wrong—that the Catholic hierarchy at the time welcomed the Act of Union on the understanding that Catholic emancipation would be delivered, and I agree that it is one of the great tragedies of history that what was the right measure in 1800 was not accompanied by those measures which were blocked by King George III. I also concur with every word that has been said about Professor John Bew’s outstanding biography of Castlereagh, which I read a number of years ago. It managed to fill quite lot of time on flights between London and Belfast at the time of the Stormont House agreement.

My noble friend also referred to Field Marshal Sir Henry Wilson, who was murdered by republicans on this day 100 years ago. I had the great privilege this morning of attending a ceremony in the Chamber of the House of Commons where the Speaker, Sir Lindsay Hoyle, unveiled a plaque to the former Member of Parliament for North Down.

On the amendment, I can assure noble Lords that the Government are committed through New Decade, New Approach to fund the establishment of the Castlereagh foundation. It is envisaged that the foundation will explore matters of identity, which my noble friend Lord Empey raised, and the shifting patterns of social identity in Northern Ireland. It appears to me that the amendments that have been tabled are important and can assist the Government in meeting the commitments in New Decade, New Approach. If noble Lords will allow, I would like to take away the amendments, look at them more closely, discuss their contents with noble Lords and return to this subject on Report.

Lord Caine (Con)

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I am very grateful to the noble Baroness, Lady Goudie, for speaking to these amendments on behalf of the noble Baroness, Lady Ritchie of Downpatrick, which I will address with Amendment 15 in the names of the noble Lord, Lord Murphy, and the noble Baroness, Lady Suttie.

Amendments 13 and 16 would remove the obligation on the First Minister and Deputy First Minister to approve best practice Irish language standards produced by the Irish language commissioner. New Decade, New Approach—I must keep referring back to this document, I am afraid—sets out a series of clear safeguards for the First Minister and Deputy First Minister on the bodies established by the Bill, including for the approval of best practice standards. I assure the noble Baroness that these safeguards were a critical part of securing what I referred to earlier as the balanced package of measures in New Decade, New Approach. Without them, we would probably not have reached an agreement. The Government are faithfully putting these safeguards into effect in the legislation, including through the provision on the approval of the Irish language best practice standards. To remove those safeguards would undermine the balanced nature of the measures. I therefore cannot accept the amendments.

Amendment 15 in the names of the noble Lord, Lord Murphy, and the noble Baroness, Lady Suttie, also seeks to amend Clause 2 so that the First Minister and Deputy First Minister would be obligated to take regard of advice provided by the Irish language commissioner in relation to best practice standards. I am somewhat inferring that this is to introduce a safeguard whereby the First Minister or Deputy First Minister could not simply ignore the advice of the Irish language commissioner if they were to disagree with it. We very much hope that future First and Deputy First Ministers would take a pragmatic approach to approving best practice standards. This would logically include taking the views of the commissioner into account, and in all honesty I struggle to see a situation in which that would not be the case. I therefore urge the noble Baroness not to press her amendment.

I am conscious that there were amendments in this group in the name of the noble Baroness, Lady Hoey. As the Chair has indicated, she is not in a position to speak to them.

Lord Caine (Con)

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Once again, I am most grateful to the noble Lord, Lord Morrow, for the way in which he moved his amendment. To comment briefly on the words of my noble friend Lord Empey, I think it was Duff Cooper whose memoirs were entitled Old Men Forget. I am sorry to disappoint my noble friend but even I have forgotten some of the details of the New Decade, New Approach negotiations that took place over those torturous three years between 2017 and 2020.

I am grateful to the noble Lord, Lord Morrow, for tabling these amendments, which relate to extending the grounds upon which an individual can make a complaint to the process for the Ulster Scots commissioner. I have a number of concerns regarding the amendments; I will set them out briefly.

My first concern is that it would not be appropriate to amend one of the commissioner’s complaints procedures but not the other. The amendments in the name of the noble Lord would undermine the position reached in New Decade, New Approach that the commissioner should be able to investigate relevant complaints about a public authority’s lack of due regard to advice provided in respect of facilitating the use of Ulster Scots. That is why the Bill specifically refers to “published facilitation guidance”.

I highlight to noble Lords that, in preparing this legislation, the Government have provided the essential clarity on the complaints process for the commissioner so that it provides similar clarity and certainty to the complaints process provided for the Irish language commissioner. The role of the Ulster Scots/Ulster British commissioner and their work to provide advice and guidance will cover the same public authorities as the office of identity and cultural expression and the Irish language commissioner. The public will be able to make complaints to each commissioner in the same way.

On the parity of esteem point made by my noble friend Lord Empey and the noble Lord, Lord McCrea, as I said on an earlier group of amendments, the commissioners have been designed to meet the different needs of different parts of the community. They are different in function, and therefore there are certain disparities in their powers. Again, that was the position reached in New Decade, New Approach; the Government are faithfully trying to follow it.

I suspect that I have not reassured the noble Lord on this issue. He may wish to return to it but, for now, I would be grateful if he would withdraw his amendment.

Lord Caine (Con)

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My Lords, I again thank noble Lords across the Committee for the amendments that have been tabled and for their contributions. If I may, I will try to speak to all of them in this group.

Turning first to Amendment 41 in the names of the noble Baronesses, Lady Ritchie of Downpatrick and Lady Goudie, to which the noble Lord, Lord Murphy, referred, it would introduce a threshold to the step-in powers conferred on the Secretary of State if the First Minister and Deputy First Minister do not appoint an Irish language commissioner or approve best practice standards, either once the legislation comes into force or when a vacancy arises.

I again understand the noble Baronesses’ intention in wanting to ensure that the provisions of this long-awaited Bill are not stymied by inaction on the part of the Executive, and their desire for the Secretary of State to move quickly if such inaction were to present itself. This is an issue that was raised with the Irish language group Conradh Na Gaeilge when I met it in Belfast three or four weeks ago.

My starting point is, of course, that the Government would not wish to intervene routinely in transferred matters and the use of any powers in the Bill would require careful consideration. Judging by the comments that have been made, I am sure that noble Lords share my belief that deviating from that principle would be undesirable. However, the Government believe that it is important to have these powers as a contingency to avoid inaction. They have been carefully drafted to allow the Secretary of State to use his discretion and to consider the circumstances at the time.

I think the noble Lord, Lord Murphy, wanted me to elaborate a little on that. Some of the considerations that the Secretary of State might want to take into account in exercising these powers and having regard to the circumstances at the time might include: whether the matter of identity and language was causing political instability in Northern Ireland; whether the institutions were functioning; whether the First and Deputy First Ministers were acting in good faith in implementing the legislation; and, indeed, whether these issues were surmountable without such an intervention. They would be the kinds of considerations that he would take account of.

The stipulated timeframe of 30 days in the amendment seems impractical, particularly in respect of public appointments that take time and need to be conducted with rigour. Such a timeframe would almost certainly preclude the correct process from taking place and the proper and thorough consideration of best practice standards by the First and Deputy First Ministers.

Finally, my understanding is that the amendment would apply solely with reference to the Irish language commissioner and not the commissioner to enhance and develop the language, arts and literature associated with the Ulster Scots and Ulster British tradition; nor would it apply to the appointment of the director and members of the office of identity and cultural expression. Therefore, the Government will not be able to accept such an amendment.

Amendment 42 seeks to give the Secretary of State a further area where step-in powers could be exercised; namely, in relation to strategies relating to the Irish language and Ulster Scots, as set out in Section 28D of the Northern Ireland Act 1998. This is a separate undertaking from the legislative commitments on identity and language that were set out in New Decade, New Approach and, for that reason, we have decided not to include such a provision here.

Amendment 40, moved by the noble Lord, Lord Murphy of Torfaen, would require the Secretary of State to make a statement to Parliament when the direction powers under Clause 6 are used. I hear the comments of my noble friend Lord Empey, the noble Baroness, Lady Suttie, and others, who gave some support to the comments by the noble Lord, Lord Murphy. If I may put it like this, I understand the desire for more scrutiny and transparency to be introduced if the Secretary of State were to be in the unfortunate position of having to use these powers. The powers, as I have said, have been carefully drafted, but I assure noble Lords that I will go away and look further into this issue following our discussions today.

Lord Caine (Con)

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I am grateful to my noble friend; I will touch on what he said shortly, I think. I give my assurance to the noble Lords who have spoken on this amendment that I will go away and look at this further before Report.

I am also grateful to the noble Baroness, Lady Hoey, for her amendments, which were spoken to by my noble friend Lord Moylan, and to the members of the Democratic Unionist Party who are in the Committee today for their amendments, which all focus on the powers conferred on the Secretary of State arising from the provisions in Clauses 6 and 7. I will turn to those clauses now, if I may.

I completely understand the noble Lord’s intent that these powers should be exercised only in exceptional circumstances, if at all. I repeat my earlier assurances: the Government would not wish routinely to intervene in transferred matters and the use of any powers in the Bill would require very careful consideration indeed. I have set out some of the factors that the Secretary of State might have to take into account in deciding whether to use the powers in these clauses because we agree that deviating from the overall principles—protecting the devolution settlement and not routinely intervening in transferred matters—would be undesirable.

However, in our view, it remains important to have these powers in the event that matters such as those we are discussing today—identity and language—remain a source of instability. I need not remind the Committee of the potential and capacity that they have to poison and paralyse politics in Northern Ireland, as they did during the period between 2017 and 2020. That is why these powers have been drafted and included; they afford the Secretary of State the latitude to use his discretion if these issues remain a matter of discord.

I complete accept the comments of my noble friend Lord Dodds of Duncairn in referring to New Decade, New Approach. However, the reason we are taking these powers—almost as an insurance policy, if you like—is to deal with the fact that, some two and a half years after New Decade, New Approach, key elements and provisions of that agreement have not been implemented. The Government feel that they have an obligation to ensure that they can be delivered.

At the risk of opening an entirely new front at this late stage, I have heard a number of comments about the Belfast agreement. Noble Lords have heard me express on many occasions my support for that agreement, which has been consistent since 10 April 1998. I gently remind noble Lords that there is a provision in the Belfast agreement that explicitly states that Parliament’s ability to make law for Northern Ireland remains unaffected. That is also reflected in the Northern Ireland Act 1998.

As I said, the powers have been drafted to give the Secretary of State latitude to use his discretion in these areas. They also reflect the fact that the UK Government are necessarily bringing forward in this United Kingdom Parliament primary legislation that was originally for the Northern Ireland Executive and Assembly to introduce. In our view, it is right in those circumstances that the Secretary of State has the power to ensure the implementation of these commitments, as I have just said.

Of course, as has been stated many times, it is our sincere hope that a new Executive will be formed soon, will implement this legislation and will set up the new bodies for which this Bill provides. With Clause 6, though, the Government are seeking to ensure that there is a path to the implementation of the legislation. The Government are committed to ensuring that the legislation works in practice, and that the commissioners and the office can function effectively so that these New Decade, New Approach commitments are conclusively delivered. Clause 7 is necessary to ensure the effective operation of the provisions made in Clause 6 should the Secretary of State judge it necessary to intervene.

Finally, I very much take on board the comments of my noble friend Lord Lexden. I will reflect on what he said. With those remarks, I urge the noble Lord, Lord Murphy, to withdraw his amendment.

Lord Caine (Con)

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I am following the noble Lord very closely. He is absolutely right to say that these are uncomfortable powers. He will be aware, since he has been around in politics a long time, that one does not always necessarily have to be comfortable with something to deem it necessary. He referred earlier to his act on the aeroplane of signing the suspension order of the Northern Ireland Assembly in 2000. I recall that suspension was deemed necessary to preserve the institutions.

Lord Caine (Con)

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I apologise for having to take issue with the noble Lord right at the conclusion of the debate, but I challenge the assertion that New Decade, New Approach is being cherry-picked. The legislation I took through this House at the end of last year and the beginning of this one focused primarily on the robustness and resilience of the institutions. The noble Lord will remember that in all the discussions on New Decade, New Approach, they were key demands of the Democratic Unionist Party. I was involved in those talks quite intimately; they were key demands of the DUP, and they have been delivered to the best of our ability.

There is a whole host of other commitments in New Decade, New Approach about the veterans’ commissioner, support for the Northern Ireland centenary, et cetera—I could go on. I tabled a Written Ministerial Statement a few weeks ago, setting out in great detail all that had been delivered on New Decade, New Approach, to the extent that members of the Opposition were quite surprised at just how much had been delivered by this Government. The idea that we are cherry-picking or favouring one side over the other is, frankly, not correct.

The Parliamentary Under-Secretary of State, Northern Ireland Office (Lord Caine) (Con)

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My Lords, I am very grateful to the noble Lords who have spoken to these amendments. I say at the outset how grateful I am to the noble Lord, Lord Murphy. As I made clear in my first speech from this Dispatch Box as a Minister, while we might not agree on everything all the time, when it comes to Northern Ireland I will always try to adopt as consensual, bipartisan and open an approach as possible. I am very grateful to the noble Lord.

He mentioned the Bill being a faithful implementation of the New Decade, New Approach agreement from January 2020 and that is what the Government have sought to do. However, I agree with other noble Lords that this really should have been dealt with in the Northern Ireland Assembly and not within this Parliament. It is a matter of regret that this is the case. I remember first-hand the period from 2017 to 2020 when these issues paralysed politics in Northern Ireland and led to a prolonged lack of functioning devolved government. It was a particularly frustrating period and I am very sorry that we are going through a similar period now, which I hope will be much shorter lived than last time.

Turning to the amendments, I am grateful to noble Lords for the spirit in which they were moved and spoken to. As noble Lords made clear, they seek to widen the definition of “public authorities” in the Bill beyond those captured in the Public Services Ombudsman Act (Northern Ireland) 2016. As noble Lords have mentioned, we had a very wide-ranging discussion in Committee. I am very sorry that the noble Baroness, Lady Ritchie of Downpatrick, was unable to be present. I hope that watching proceedings from her bedroom helped mitigate some of the Covid symptoms she might have experienced and aided her recovery, which we all very much welcome.

I do not intend to cover the same ground today as I covered extensively in Committee. However, the definition of public authorities for the purposes of the Bill, as with other parts of the legislation—this goes back to the comments of the noble Lord, Lord Murphy, about being faithful to New Decade, New Approach—is consistent with the legislation that was drafted by the Office of the Legislative Counsel in Stormont and published alongside New Decade, New Approach. As a result, the Bill does not seek to innovate in respect of that definition by removing or adding public authorities. It seeks to make provision comparable to a situation in which the Assembly, rather than this Westminster Parliament, had taken forward these commitments. The Northern Ireland Office and the Northern Ireland Human Rights Commission, and indeed any of the bodies to which the noble Baroness referred, such as the Passport Office, were not intended to be captured by these commitments. That was never agreed and, as I said in Committee, the range of public authorities listed under the Public Services Ombudsman Act (Northern Ireland) and in this Bill is substantial and comprehensively covers devolved areas.

The Government consider that it would be inconsistent to expand the definition of public authorities beyond that set out in the draft legislation to which I have referred. Further, adding two or indeed more organisations with functions outside the devolved competence, such as the Northern Ireland Office and the Northern Ireland Human Rights Commission, would undermine the overarching approach, which is that the First and Deputy First Ministers should be the sole arbiters when designating public authorities. There are of course provisions in this Bill that would allow the First and Deputy First Ministers to add or subtract from the public authorities that this legislation covers within Northern Ireland. To introduce organisations for which the First and Deputy First Ministers do not have direct responsibility would, I gently suggest, muddy the waters and detract from their role.

I would also suggest that the public in Northern Ireland do not routinely interact with the Northern Ireland Office, which for the most part does not deliver or provide day-to-day front-line services to the public that would seem to trigger the relevant provisions on Irish language and Ulster Scots. Of course, given the close interest of the Northern Ireland Office in the New Decade, New Approach commitments on which the Bill delivers, I would still expect consideration to be given to the national and cultural identity principles set out in the first part of the Bill, and the guidance issued by the respective commissioners. I would expect much the same with the Northern Ireland Human Rights Commission.

However, the extension of the legal duty as proposed in these amendments would, in our view, be inconsistent with New Decade, New Approach and seem impractical for the reasons I have given. I therefore hope that noble Lords will not press their amendments.

Lord Caine (Con)

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My Lords, these amendments in my name all concern proposed changes to the differentiation in the Bill between Ulster Scots as a recognised national minority and the Ulster British tradition. Following the extensive debate on these matters in Committee, I undertook to consider proposals put forward by noble Lords and, in tabling these amendments, I hope I have fulfilled that commitment.

Lord Caine (Con)

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My Lords, I am very grateful to the noble Lords, Lord Morrow and Lord Dodds of Duncairn, and to my noble friend Lord Empey. I too regret that he cannot be here this afternoon; I understand that family commitments in Belfast detain him, and we all wish him well.

Lord Caine (Con)

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My Lords, I have great pleasure in speaking to Amendments 3 and 30 in my name, on the establishment of the Castlereagh Foundation. We had an excellent discussion on the merits of establishing the Castlereagh Foundation in Committee following amendments tabled by my noble friend Lord Lexden and the noble Lords, Lord Morrow, Lord McCrea and Lord Dodds. I do not wish to cover the same ground here, but we also had an excellent debate about the merits of Lord Castlereagh as Foreign Secretary and Chief Secretary for Ireland in taking through the Acts of Union in 1800. I do not wish to embarrass the noble Lord, Lord Bew, but we also raised on a number of occasions the brilliant biography of Castlereagh by his son John.

Following the amendments in Committee, I promised to look at this issue further. The Government committed to fund the establishment of the Castlereagh Foundation in annexe A of New Decade, New Approach, at paragraph 25. It was envisaged that the foundation would explore the shifting patterns of social identity in Northern Ireland. The amendments that I have tabled will enable the establishment of that foundation and therefore meet a key commitment of New Decade, New Approach. I am delighted to bring them forward. I beg to move.

Lord Caine (Con)

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My Lords, I am very grateful for the support of my noble friend Lord Lexden, and that of the noble Lord, Lord Morrow.

Lord Caine (Con)

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Again, I am grateful to noble Lords for their contributions, in particular the noble Lord, Lord Murphy, for elevating me to the position once occupied by the first Duke of Wellington in the 1830s, when, in his caretaker Administration, I think he occupied every position in the Government bar Lord Chancellor and Chancellor of the Exchequer—my noble friend Lord Lexden will correct me if I am wrong. Let us hope that it does not come to that.

This was another a matter of great interest and extensive and lengthy debate in Grand Committee and I will try to respond without necessarily repeating all the same arguments that we examined in detail there. The Government’s view is that it is very clearly set out in Annexe E of New Decade, New Approach, a document that I gently remind some noble Lords was hailed at the time by the Democratic Unionist Party as “fair and balanced”. The roles and functions of the two commissioners are different, reflecting the respective needs of Irish as a language, Ulster Scots as a national minority, and the Ulster-British tradition. That is why the provision for those respective groups is set out differently in New Decade, New Approach, including in respect of the legal duties set out in this Bill. The Government believe that that was for good reason.

I hope this goes some way to answering concerns from a number of noble Lords, including the noble Baroness, Lady Suttie: to answer her question directly, I had a very constructive meeting with Ian Crozier from the Ulster-Scots Agency and am very happy to continue to engage with the Ulster-Scots Agency and with Irish language groups that I have already met. I have absolutely no issue with doing that at all.

To go back to the point, the role of the Irish language commissioner pertains to matters of language alone. Its work focuses on best practice standards on the Irish language for public authorities to follow in providing their services. Accordingly, there is a specific legal duty in this regard. In comparison, the commissioner associated with the Ulster Scots and the Ulster-British traditions will cover arts and literature in addition to language. The legal duty proposed here by Amendment 17 from the noble Lord, Lord Morrow, would therefore have the effect of being far broader than that on the Irish language, covering public authorities’ work on arts and literature.

I will just come back on one point made by the noble Lord, Lord Morrow, when I think he stated that the Irish commissioner would cover 70-plus authorities but the Ulster Scots commissioner would not. The Government’s position is very clear that the Ulster Scots and Ulster-British commissioner will cover exactly the same public authorities as the Irish language counterpart and will still be able to receive complaints where its advice and guidance are not followed. I want to be clear on that.

Therefore, the amendments proposed by noble Lords this afternoon, in the Government’s view, seem to go far beyond the fair and balanced package reached in New Decade, New Approach, and as such the Government cannot accept them.

I understand that we will return to this matter later, but I highlight also that there is a specific new legal duty for Ulster Scots in relation to the education system provided by the Bill. This will address the current lack of statutory provision for Ulster Scots in the education system. I also highlight that the commissioners will be able to administer complaints in relation to the compliance with public authorities on their guidance and standards issued and lay reports before the Assembly.

Amendment 4A would remove the legal duty in relation to the Irish Language best practice standards. Those standards were a key function of the Irish language commissioner, as set out in paragraph 27(d) of New Decade, New Approach. The standards provided for in the Bill are, therefore, consistent with New Decade, New Approach and the legal duty set out in the proposed draft legislation accompanying it, in new Section 78I(1) of the Northern Ireland Act 1998.

Annexe E of New Decade, New Approach, in paragraph 5.9, accordingly speaks of public authorities fulfilling their “requirement” under the standards and it would seem clear from a reading of both that document and the draft legislation together that the legal duty provided for in this Bill is consistent with the position reached by the parties in the talks. Reflecting the fact that the standards are associated with a legal duty, these will require the approval of the First and Deputy First Ministers, acting jointly, to be given effect. This is intended to provide a level of assurance and oversight over the requirements set by the commissioner.

I highlight that no such approval from the First Minister and Deputy First Minister is required for the guidance and advice of the commissioner for the Ulster Scots and the Ulster-British tradition; nor is approval required for guidance so that complaints can be made in relation to the failure of public authorities to comply with it. With this context in mind, I hope noble Lords will appreciate that the provision for the commissioners and the associated legal duties reflects the delicate and fair balance and the particular needs of the groups that they will serve. The Government cannot accept propositions that would deviate from New Decade, New Approach or the legal duties set out in the original draft legislation that accompanied that document. I would therefore be grateful if the noble Lords did not press their amendments.

Lord Caine (Con)

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My Lords, once again, I am very grateful to noble Lords for moving and speaking to their amendments, and for the spirit in which they have done so. Amendments 10 and 13 return to the question of the functions of the commissioner. At the risk of repeating myself, I respectfully disagree with noble Lords who have spoken. The Government are quite clear that the Bill is faithful to New Decade, New Approach and the relevant legislative commitments it set out.

That document was very clear that the commissioner’s functions would encompass matters of language, arts and literature. Indeed, both New Decade, New Approach and the draft legislation published alongside it, to which I referred earlier, used that precise formulation no fewer than 15 times. Paragraph 27E of New Decade, New Approach sets out that the main function of the commissioner would pertain to “language, arts and literature”. The Bill replicates this in its principal aim essentially word for word.

The reference to heritage and culture in New Decade, New Approach, on which I believe noble Lords are drawing, specifically in Amendment 10, appears in paragraph 5.12.3 of Annexe E and relates to a separate commitment for the Executive to agree to an Irish language and Ulster Scots strategy. This is already provided for in Section 28D of the Northern Ireland Act 1998, which is a clear legal duty. I hope that the Executive continue to meet their legal duty to adopt these two important strategies; however, the operation of this duty is clearly separate from the legislative commitments on which the Bill delivers. I shall speak to the amendments on this matter more fully later.

On Amendment 13, specifically, the commissioner’s role of providing advice and guidance on three international instruments was also always intended to be in relation to matters of language, arts and literature. Comparable provision was made in the draft legislation published alongside New Decade, New Approach, to which I refer again. The widening of the provision in the Bill beyond language, arts and literature, as proposed in Amendments 10 and 13 would, in the Government’s view, be inconsistent with the conclusion reached. The Government therefore cannot accept them.

I turn to Amendment 12, which seeks to make provision for the commissioner’s remit as set out in paragraph 5.15 of Annexe E to New Decade, New Approach. I understand the thrust of the noble Lord’s argument, as that paragraph specifies that the commissioner’s remit includes

“the areas of education, research, media, cultural activities and facilities and tourism initiatives.”

However, this amendment would have the effect of altering the commissioner’s functions. Those functions are separately set out in the same annexe to NDNA, in paragraph 5.16, and were also provided for in the draft Assembly legislation. I hope, however, to reassure noble Lords on this point. The Government consider that the commissioner’s functions, particularly in relation to Ulster Scots services, would also cover the remit envisaged by New Decade, New Approach. Separate provision on the commissioner’s remit therefore would not be necessary and the widening of its functions was not agreed.

Reference was made by the noble Lords, Lord Morrow and Lord Browne of Belmont, to the recommendations of the Northern Ireland Human Rights Commission in respect of these matters. The Government have consulted a wide range of bodies on the Bill, which included conversations with the Human Rights Commission. This has helped us reach a conclusion on the commissioner’s name, for example. However, we have to stay within the bounds of NDNA and it would be wrong to innovate on these commitments unilaterally. I should point out that the Assembly would be able to amend this legislation were it functioning once again, which we all hope it will be very shortly.

Amendment 14 seeks to introduce a new function for the commissioner for Ulster Scots and Ulster-British tradition to promote cultural connections between Ulster Scots in communities in Northern Ireland and those in Scotland. The noble Lord, Lord Morrow, referred to the centenary of the coming to office as Prime Minister of the Ulster Scots leader of the Conservative and Unionist Party, Andrew Bonar Law. I assure the noble Lord that, as a committed and staunch unionist myself, I am very much in sympathy with the intention behind his amendment, which highlights the importance of the connections between Northern Ireland and Scotland.

I hope to reassure the noble Lord on this point: the commissioner will be able to co-operate with other bodies, such as those elsewhere in the United Kingdom, if this were conducive to its functions within Northern Ireland. The commissioner doing so may have the effect of promoting those cultural connections between the Ulster Scots diaspora elsewhere in the United Kingdom, which is what noble Lords aspire to with this amendment. However, the functions agreed in New Decade, New Approach did not specify that a strand of the commissioner’s work would include promoting cultural connections outside Northern Ireland. Indeed, it would be outside the competence of the Northern Ireland Assembly to legislate for functions exercisable other than in regard to Northern Ireland itself, which is why such provisions were never planned in the draft Assembly legislation published alongside NDNA. I cannot accept an amendment that would broaden the work of the commissioner in the Bill beyond what was intended, although I can understand the noble Lord’s intention. I am, as I say, personally very sympathetic to what he is trying to do.

In the same vein, Amendment 30A seeks to place the Secretary of State under a legal duty to establish a dedicated fund to support projects connecting the Ulster Scots in Northern Ireland with those elsewhere in the UK. Again, such a fund was not envisaged in New Decade, New Approach and the Government cannot accept this amendment. I should add that this Government have demonstrated, on a number of occasions, their commitment to Ulster Scots through—to take one example—changing the BBC charter and framework to include support for Ulster Scots output.

Amendment 15 would also seem to be a further innovation on the position reached in New Decade, New Approach, as it seeks to widen the functions of the commissioner beyond public authorities and more broadly to “Northern Ireland society”, which again would greatly extend the scope of the commissioner beyond what was envisaged. There would be no comparable change to the functions of the Irish language commissioner, which are concerned solely with the provision of services by public authorities in Northern Ireland. The Government cannot accept amendments that would broaden the scope of the commissioner’s work in this way—in our view, it would be contrary to the position set out in New Decade, New Approach. On that basis, I urge the noble Lord to withdraw his amendment.

Lord Caine (Con)

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The noble Lord is correct to say that NDNA sets out the functions of the commissioner and then expands to set out the remit, which includes the areas to which he just referred. In our view, the Bill as drafted, in replicating the functions of the commissioner as set out in NDNA, means it is not necessary also to include the remit within the functions—the functions will cover the remit.

Lord Caine (Con)

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My Lords, I am grateful to the noble Lord, Lord Browne of Belmont, and I will be very brief in my remarks. As I said in Committee, New Decade, New Approach is very clear in paragraph 5.16.3 that the commissioner should be able to investigate relevant complaints about a public authority’s lack of due regard to advice provided in respect of

“facilitating the use of Ulster Scots.”

For that reason, the Bill makes provision so that complaints may be made to the commissioner concerned only in relation to “published facilitation guidance”. Neither New Decade, New Approach, nor the draft legislation accompanying it, proposed that this complaints power be made broader, as the noble Lord proposes through these amendments.

I am content that the provision in the Bill as it stands reflects the position reached in New Decade, New Approach—the agreement described by the noble Lord’s former leader Arlene Foster as a “fair and balanced” package—and the legislation prepared by the Office of the Legislative Counsel of the Northern Ireland Assembly alongside it. The noble Lord, Lord Browne, referred to himself as a Northern Ireland unionist; as a British unionist, I do not accept that we are snubbing a community in Northern Ireland. We are simply implementing New Decade, New Approach faithfully. On that basis, I urge the noble Lord to withdraw the amendment.

Lord Caine (Con)

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My Lords, I am very grateful again to the noble Lord, Lord Browne of Belmont, for his comments in moving Amendment 24. As I pointed out earlier, New Decade, New Approach and this Bill provide a new specific legal duty for Ulster Scots in relation to the education system in Northern Ireland. This will address the current lack of statutory provision for Ulster Scots within that system.

However, a specific new grant-making power, which would be the effect of Amendment 24, was, of course, not committed to in New Decade, New Approach. It would be inappropriate in this context for the UK Government to impose financial commitments beyond those set out in that document. I also recall that noble Lords in Committee raised what the duty that is already set out in the Bill, on encouraging and facilitating the use and understanding of Ulster Scots in the education system, would mean in practice. I am therefore pleased to provide a clearer view to noble Lords on what this new and important legal duty might entail. I hope that this will speak to their concerns on this matter.

The new education duty in the Bill will enable the use and understanding of Ulster Scots to become part of the framework of the education system in Northern Ireland and the Northern Ireland Department of Education will be able to do anything necessary to meet that duty. In that context, I note that the Education (Northern Ireland) Order 1998 provides for the encouragement and facilitation of Irish-medium education and the mechanism of supporting this specific type of schooling, with the grant-making powers provided to specifically support Irish-medium schools.

Noble Lords will understand that, as a UK Minister, I cannot speak on behalf of the Northern Ireland Department of Education. The department has a Minister, a member of the DUP, who will need to consider this matter too, but it would seem to me that meeting this new duty in respect of Ulster Scots would perhaps entail the commissioning of educational materials for use in schools. Steps to meet the duty could also include seeking appropriate consultancy on the facilitation of Ulster Scots in schools, or encouraging relevant organisations in providing tuition in schools. I would stress, however, that this remains a matter for the Northern Ireland Department of Education to consider.

In respect of the comments of the noble Lord, Lord Murphy, I am very happy to reflect on what he said. In that spirit, I would encourage the noble Lords to withdraw the amendment.

Lord Caine (Con)

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My Lords, I am incredibly grateful to all noble Lords who have participated in this Report stage for their contributions. I single out my noble friend Lord Lexden, who appears to be the only Conservative who has sat through the entire Report stage. Given that there might be one or two things happening outside the Chamber of interest to members of my party and beyond, that is commendable.

I agree with the noble Baroness, Lady Ritchie of Downpatrick, echoing some of the comments made by a number of noble Lords at the outset. If this debate has highlighted anything, it is precisely why it should be taking place in the Northern Ireland Assembly, not in this Parliament. It touches on very local, devolved matters that would be much better dealt with in the Assembly by local politicians, accountable to their local electorates. I hope we can reach such a situation. I very much take on board the sensible and wise comments of the noble Lord, Lord Murphy, about the need to discuss and negotiate. I hope we can resolve that very quickly, whatever the immediate future might hold for some of us.

The amendment in the name of the noble Baroness, Lady Ritchie of Downpatrick, seeks to place further obligations on the Secretary of State in relation to the appointment of the Irish language commissioner and Irish language best practice standards after a certain threshold is met. As I made clear in Committee—I appreciate that the noble Baroness was unable to be present, although I am reliably informed that she could watch proceedings from her bedroom while recovering—I sympathise with the intention of wanting to ensure that the provisions of the Bill are not stymied by inaction on the part of the Executive.

I also appreciate the noble Baroness’s desire for the Secretary of State to move quickly if such inaction were to present itself. I have had conversations with Irish language groups, in particular Conradh na Gaeilge, on that point. However, my starting point is, as I have said throughout the passage of the Bill, that the Government would not wish to intervene routinely in devolved matters and that the use of any powers in the Bill would require careful consideration.

The powers in the Bill have been carefully drafted to allow the Secretary of State to use his or her discretion and to consider the political circumstances at the time. I fear that introducing a timeframe within which he or she had to act would detract from that flexibility. The noble Lord, Lord Murphy, was Secretary of State for Northern Ireland and a senior Minister during the Good Friday agreement negotiations, so he will appreciate that sometimes the Secretary of State needs a degree of flexibility in exercising his or her judgment.

As I laid out before the Committee, in our view the stipulated timeframe of 30 days set out in the amendment would be wholly impractical, particularly in respect of public appointments, which need to be conducted with rigour and, quite rightly, need a longer timeframe to complete, as my noble friend Lord Dodds of Duncairn made clear in his comments. Such a timeframe would almost certainly preclude important public appointment procedures from taking place, which I suspect is not the noble Baroness’s intention.

I also suspect that the consequences of the Secretary of State’s intervention being compelled would set us further back from securing the public’s long-term confidence in the measures set out in this legislation. Lastly, as my noble friend Lord Dodds pointed out, the proposed amendment applies in this case only in respect of the Irish language provisions of the Bill, not those pertaining to the Ulster Scots and Ulster-British tradition or the new office established by it.

The noble Baroness’s Amendment 27 seeks to give a further area where step-in powers could be exercised—namely, in relation to strategies relating to the Irish language and Ulster Scots as set out by Section 28D of the Northern Ireland Act 1998. As I said earlier today and in Committee, this is a separate undertaking from the legislative commitments on identity and language set out in New Decade, New Approach. For that reason, we have decided not to include such a provision in this legislation.

The noble Baroness, Lady Goudie, who I welcome to her place here, talked about appointments. At the risk of repeating what I said in Committee, there are well-established appointment procedures in Northern Ireland but these would essentially be matters for the Northern Ireland Executive to take forward rather than Her Majesty’s Government.

I turn to Amendments 28, 29 and 36 in the names of my noble friends Lord Morrow and Lord Empey and spoken to by my noble friend Lord Dodds of Duncairn. In Committee, I set out at length the Secretary of State’s step-in powers more broadly. I realise that these are difficult areas. Throughout the Committee debates, I stressed that the Government would not wish to intervene routinely and that the use of these powers would require careful consideration, and that remains the case.

I have a good deal of sympathy with the comments of my noble friend Lord Dodds of Duncairn and the noble Lord, Lord Murphy, in respect of these powers. The only reason they are there is to ensure that a key element of New Decade, New Approach is capable of being delivered—something that, regrettably, was not happening after the Assembly was restored in January 2020. Agreeing again with the noble Lord, Lord Murphy, I think I said in Committee that one does not always have to be totally comfortable with something to regard it as necessary, and I believe that the powers are proportionate and necessary.

However, as the noble Lord alluded to, the need for appropriate scrutiny of these powers and the importance of accountability before this House are paramount. I therefore make a commitment to noble Lords today on the step-in powers, following my promise in Committee to look further at these issues. Having reflected, I can commit that the Northern Ireland Office will make Written Statements to both Houses every six months from commencement to provide updates on the Bill’s implementation. Those statements will include details on any use of the step-in powers within the relevant six-month period and will enable the Government to keep both Houses informed of the delivery of NDNA commitments more broadly. I will also reflect further on the comments of the noble Lord, Lord Murphy, about timings.

I hope that this commitment, from the Dispatch Box, will provide some reassurance to noble Lords and go some way—probably not all the way—to allaying their concerns. The Government remain of the view that these powers are required in the Bill, however uncomfortable some may be. On this basis, I urge the noble Baroness to withdraw her amendment.

The Parliamentary Under-Secretary of State, Northern Ireland Office (Lord Caine) (Con)

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My Lords, as I and many other noble Lords have made clear on numerous occasions, it is a matter of great regret that we have been debating the contents of this Bill in your Lordships’ House. It would have been far preferable had the Bill been taken forward by the Northern Ireland Executive in the Northern Ireland Assembly, as was originally intended, but that plainly has not happened, which is why we have had to make progress on the important New Decade, New Approach commitments that the Bill delivers within this Parliament.

Since the Bill’s introduction into your Lordships’ House there has been neither a functioning Executive nor an Assembly, and that remains the case. It has therefore not been possible for the Government to seek a legislative consent Motion. My officials have been engaging with counterparts in the Northern Ireland Civil Service throughout the Bill’s passage and will continue to do so. I think I speak for the whole House when I say I hope that, by the time the Bill leaves the other place, such consent will have been given by a restored Executive and Assembly.

Motion

Lord Caine

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That the Bill do now pass.

Lord Caine (Con)

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My Lords, as we come to the end of the passage of the Bill through your Lordships’ House, I want to place on record my gratitude to all noble Lords who have participated in our debates upon it. In particular, I thank the noble Lord, Lord Murphy of Torfaen, who speaks with great wisdom as a former Secretary of State for Northern Ireland and the Minister who helped negotiate the Belfast agreement in 1998, and the noble Baroness, Lady Suttie, for their support for the Bill and their constructive and pragmatic engagement during its passage.

I thank all noble Lords from Northern Ireland for their detailed and insightful contributions. While some of them might not like every aspect of the Bill, and I am sure that their colleagues in the other place will continue to push the Government in a number of areas, I appreciate the collaborative and open manner with which they have engaged with me and put forward their arguments.

It will come as no surprise to many that I found the most enjoyable aspect of the Bill’s passage the debate on the Castlereagh Foundation, the establishment of which the Bill will enable. It provided us with an opportunity in Committee and on Report to discuss the great contribution that Viscount Castlereagh made to Irish, British and European history, not least as the architect of the Act of Union and a key figure in defeating the Bonapartist tyranny in the early part of the 19th century. In doing so, we have benefited immensely from the expert historical knowledge and wisdom of my noble friend Lord Lexden, who I see in his place and to whom I am especially grateful and have been ever since he took the bold decision to employ me 35 years ago.

Finally, I place on record my thanks to my noble friend Lord Younger, my officials from the Northern Ireland Office, the Whips’ Office and all those involved in the Bill’s drafting for their hard work and support. The aim of the legislation is to implement important commitments in New Decade, New Approach, which, noble Lords will recall, led to the restoration of devolved government in January 2020. In remaining faithful to New Decade, New Approach, I am pleased that the Government were able to table amendments to the Bill and to make commitments in response to the debates we had.

As a result, I believe that the Bill is in a better state thanks to your Lordships’ scrutiny. Once again, this demonstrates the value of your Lordships’ House in examining legislation in detail. It is now over to the other place and, I sincerely hope, to a reconstituted Northern Ireland Executive and Assembly, to continue and complete the work we have started in your Lordships’ House.