Northern Ireland (Executive Formation and Organ and Tissue Donation) Bill
Wednesday 22nd February 2023
(1 year, 9 months ago)
Lords ChamberRead Full debate Northern Ireland (Executive Formation and Organ and Tissue Donation) Act 2023 Read Hansard Text Amendment Paper: Committee of the whole House Amendments as at 22 February 2023 - (22 Feb 2023)
Northern Ireland (Executive Formation) Bill
Wednesday 22nd February 2023
(1 year, 9 months ago)
Commons ChamberRead Full debate Northern Ireland (Executive Formation and Organ and Tissue Donation) Act 2023 Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: Committee of the whole House Amendments as at 22 February 2023 - (22 Feb 2023)
The Secretary of State for Northern Ireland (Chris Heaton-Harris)
I beg to move, That the Bill be now read a Second time.
More than a year has passed since the then First Minister of Northern Ireland resigned. Twelve months and one Assembly election later, people in Northern Ireland still do not have the strong devolved Government that they deserve. In the absence of those institutions, this Government have stepped in to protect the interests of the people of Northern Ireland. We have set a budget, delivered vital energy support funding and legislated to provide clarity on the decision-making powers of Northern Ireland civil servants to enable them to maintain public service provision. However, on each of those occasions, I have stood at this Despatch Box and expressed my deep disappointment that we still await the return of a functioning Assembly and Executive. I wish to restate that profound disappointment once again.
The restoration of the Executive, in line with the Belfast/Good Friday agreement, remains my top priority. I will continue to do everything I can to make that happen and to help the Northern Ireland parties to work together to do so equally. It was on that basis that we legislated last autumn to extend the Executive formation period through the Northern Ireland (Executive Formation etc) Act 2022. Since that period ended in January 2023, I have again been under a statutory duty to call an Assembly election, which would have to be held within 12 weeks—on or before 13 April.
I have spent time engaging with Northern Ireland political and community leaders, assessing the options available to me. I have also spoken to the Opposition spokesperson, the hon. Member for Hove (Peter Kyle), and I appreciate his advice and guidance. It remains my view that a further Assembly election at this time would be unwelcome and expensive and, crucially, it would bring us no closer to our objective of delivering fully functioning devolved institutions.
At this critical juncture, the best approach to facilitating the return of those institutions is built on flexibility, to allow time and space for negotiations on the Northern Ireland protocol between the UK and EU to continue, and to promote collaboration by the parties in Northern Ireland to form a Government, not to compete in an unwelcome election. On that note, I will briefly summarise the overall intention of the Bill.
Simon Hoare (North Dorset) (Con)
In order to concentrate the minds of those who hold the future of devolution in their hands, could I invite my right hon. Friend to confirm that joint authority and direct rule are not on his direct agenda, but that making sure that devolution works is front and centre?
Chris Heaton-Harris
I can confirm those points 100%.
This is a short Bill, and I propose to time my remarks accordingly. I will merely outline the Bill at this stage and save my discussion of the mechanics of its two clauses for Committee, which I hope will commence shortly. Having said that, I hope the House will permit me to pause and express my gratitude to Opposition Members and, indeed, everyone involved for their continued cross-party approach to delivering key legislation in Northern Ireland. I am grateful to the shadow Secretary of State for Northern Ireland, the hon. Member for Hove, for engaging thoughtfully with me on a number of occasions ahead of the Bill’s introduction.
The Bill will provide for a one-year retrospective extension to the Executive formation period from 19 January 2023, which means that, if the parties are unable to form an Executive on or before 18 January 2024, I will again fall under a duty to call for an Assembly election to take place within 12 weeks. However, as I said earlier, I believe flexibility is the order of the day if we are to play our part in encouraging and facilitating the return of the institutions.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
The Chair of the Select Committee prompts me to reflect that I am one of the handful of people here who had an active part in the last period of direct rule, in about 2004 or 2005. It was just about the most inadequate procedure imaginable, which is a high bar to clear in this place. Ultimately, without a functioning Assembly, and without direct rule or joint authority, the people who lose out are not the politicians, but the people who rely on public services.
Chris Heaton-Harris
The right hon. Gentleman is completely right that the people of Northern Ireland end up suffering from not having functioning institutions working for them.
The Bill provides me, as Secretary of State, with the important ability to call an early election, provided that offices have not been filled. Taken together, these provisions represent a delicate balance. Eventually, if the political impasse in Northern Ireland continues, people in Northern Ireland will rightly expect to return to the polls to have their say. However, the prospect of forcing an election when it would be unwelcome or unhelpful runs contrary to our goal of providing the time and space we need for our negotiations with the European Union on the protocol to continue to develop, and for an Executive to form.
Members with a keen eye for detail will no doubt have noticed that, unless an early election is called, the extension provided for by the Bill will run past the date on which the decision-making provisions contained in the Northern Ireland (Executive Formation etc) Act 2022 lapse, namely, 5 June 2023. During the Act’s passage late last year, we were clear that the current governance arrangements were not a sustainable long-term solution. I am therefore keeping those arrangements under review, in the continued absence of fully functioning devolved institutions, but I sincerely hope that an Executive are in place before those arrangements expire.
In the meantime, the provisions of the 2022 Act and its accompanying guidance provide Northern Ireland civil servants with the clarity they need on how and when they should be taking decisions. The decisions they have been taking under the 2022 Act are being published to ensure complete transparency. I am truly grateful for the work of Northern Ireland civil servants in making use of those provisions to maintain public services in Northern Ireland, but, as I have said many times, the right people to take those decisions are locally elected politicians, who should be doing their jobs in an Executive. The current arrangement is not and can never be a substitute for fully functioning devolved institutions.
I know everyone in this House has been deeply moved by the courage shown by a very young man, Dáithí Mac Gabhann. He and his whole family have fought for the implementation of organ donation changes. I recently met Dáithí and his family, and I met them again this morning. I am incredibly moved by his story and by his family’s dedication to seeing this important change to the law on organ donations in Northern Ireland implemented as quickly as possible.
I am a bit of a stickler for how we do things in this place, and I would never want to go against “Erskine May,” but Dáithí and his family are with us in the Gallery today. I am sure hon. Members will wish to join me in welcoming him and commending the whole family for their valiant efforts. They should not need to be here today to see this change, as the Assembly could and should have convened to take this across the finish line.
As I said in my letter to the Northern Ireland parties, they continue to have it within their power to recall the Assembly and deal with secondary legislation such as the regulations in this case. That would only require Members of the Legislative Assembly to work together to elect a Speaker—not necessarily to nominate a First Minister and a Deputy First Minister—but I was disappointed that the opportunity to do that was not taken during the Assembly recall last Tuesday. However, I recognise this issue is exceptional both in its sheer importance and in the cross-party support it commands, both in Northern Ireland and in this House. On that basis, the Government spent a lot of time with the lawyers. We have been able to table important amendments to this Bill to facilitate those changes, to be taken forward in the Assembly in the continued absence of a Speaker.
Ian Paisley (North Antrim) (DUP)
It is commendable that Dáithí and his family are here, and it is wonderful that the Government are doing the right thing. This law will now be in place faster than if the Northern Ireland Assembly were sitting, which is one of the peculiarities of the politics in which we live. We should not make political points on this. It is right and proper that it has been done for children across the United Kingdom who need organ donations, for which I thank the Secretary of State .
Chris Heaton-Harris
I thank the hon. Gentleman for his kind words. He is right that this is not a matter of politics. I know it is the family’s wish that the Bill is operational by the spring and that is what we will be able to achieve.
Jim Shannon (Strangford) (DUP)
I thank the Secretary of State for introducing this Bill, and I thank Dáithí’s family, who are in the Gallery. The Bill will make organ donation an opt-out law in Northern Ireland, just as it is on the UK mainland. That is what we want: equal laws across the whole United Kingdom. As a result of the good work and commitment of the Secretary of State and the Government, we will now have an equal law. We all support an opt out on organ transplants.
Colum Eastwood (Foyle) (SDLP)
I am also grateful to the Secretary of State for taking this action. I commend him and all the politicians who got us here, but does he agree that the real thanks and praise should go to Dáithí and his family for their fantastic campaign? It has been an extraordinary campaign, and they all deserve great praise.
Chris Heaton-Harris
Indeed. When I spoke to Dáithí earlier, I asked him whether he fancied his chances of being elected to this House and trying to put us all straight. A bit of common sense would probably go a long way in our dealings, and he and his family have displayed it in huge quantities.
Dáithí also met Mr Speaker and is now the proud owner of a Speaker teddy bear. I could make so many jokes, but I would never be called again if I went down that route. I know that he and his father Máirtín enjoyed meeting Mr Speaker. This change goes to show what can be done in politics when everybody comes together.
I will save my remarks on the technical details of the amendments for Committee, which I hope will commence shortly.
I have spoken a decent amount about the Bill’s dates and timelines, so I will conclude my remarks by noting an anniversary of which hon. and right hon. Members on both sides of the House are keenly aware—the upcoming 25th anniversary of the Belfast/Good Friday agreement. Members throughout the House will doubtless join me in celebrating the progress that Northern Ireland has made since that historic agreement, which has served as an example of peacebuilding across the world. Looking back on the signing of the agreement, and the great strides that Northern Ireland has made since then, gives me a great deal of optimism, but I am also struck by the huge importance of delivering the functioning devolved institutions that the people of Northern Ireland endorsed by voting for it.
This Government will always seek to implement, maintain and protect the Belfast/Good Friday agreement, and, as I said in my opening remarks, the restoration of the Executive therefore remains my top priority. The Bill will help to bring that about by avoiding an unwelcome election and providing space for the parties to work together to end the current impasse, but, of course, the Bill alone will not be enough to achieve that. We now need all Northern Ireland’s locally elected leaders to work together once again to make the most of the opportunity that it presents. I hope that they will take their cue from those who went before them and secured the Belfast/Good Friday agreement, and display the co-operation, courage and leadership that are needed to deliver functioning devolved government in Northern Ireland.
Karin Smyth (Bristol South) (Lab)
The British-Irish Parliamentary Assembly, of which I am a vice-chair, will meet for a session in Stormont in early March—led by the right hon. Member for Staffordshire Moorlands (Karen Bradley), who is not in the Chamber—bringing together people across the jurisdictions and across all parties, as happened before 1998. Those informal ties are very important, but it is also important that parliamentarians on all sides understand where we have come from and, crucially, look forward to where we are going. Will the Secretary of State endorse that aim, and encourage Members in all parts of the House to become more involved in cross-jurisdictional organisations so that we can understand each other and get ourselves out of the current impasse?
Chris Heaton-Harris
Yes, 100%. The fact that people have not been able to meet face to face and build those relationships over a period is probably one of the hangovers of covid. The hon. Lady is entirely correct, although there is a different group of people I would rather see sitting in Stormont at this time, and I very much hope that that will be the case in the not too distant future.
Gavin Robinson (Belfast East) (DUP)
The Secretary of State is right to say that Northern Ireland will succeed when our local politicians work together. We have done so in the past, and we have overcome much greater difficulties than this in the past. However, this issue is not about us; it is about what has been imposed upon us. Does the Secretary of State recognise that while all of us in Northern Ireland, collectively, will serve our people, it has been the case for too long in London that the personalities may change but the playbook does not? Too many consider Northern Ireland politics to be but a game, although for us—for all of us, across communities—it is too important to be treated as a political game. I say that in the aspiration and hope that the Secretary of State recognises that what we have had for the past few years is not good enough, and that the determination to crack the protocol and the impositions that are plaguing all communities in Northern Ireland will resolve those issues.
Chris Heaton-Harris
I hope the hon. Gentleman does not mind if I gently push back. I have yet to meet anyone in Government who thinks that the politics of Northern Ireland, and the people of Northern Ireland, are anything to do with a game. This Government take their responsibilities for every part of the Union, including and especially Northern Ireland, unbelievably seriously, and I hope we will be able to demonstrate that, with the hon. Gentleman, in the coming days and weeks.
Shailesh Vara (North West Cambridgeshire) (Con)
I can give, on a personal level, the assurance that those of us who have been involved with Northern Ireland politics take it seriously. Some of us actually resigned from the Northern Ireland Office and sacrificed our ministerial careers because we cared passionately about Northern Ireland, and it is certainly not a game from the viewpoint of many of the Ministers who have served there—and most certainly not a game from the viewpoint of this Minister who resigned on principle.
Chris Heaton-Harris
The former Secretary of State has, in his own words, described the seriousness with which everyone takes Northern Ireland and its politics, and especially its people—and those people in Northern Ireland want their locally elected representatives to go back to work. So do I, and so, I believe, does everyone in the House, notwithstanding the tiny bit of work that we have to do with our European Union partners. This Bill will lay the groundwork for that to happen, and I therefore commend it to the House.
Madam Deputy Speaker (Dame Rosie Winterton)
May I add my own warm welcome to our very special guest Dáithí and his family?
I now call the shadow Secretary of State.
Peter Kyle (Hove) (Lab)
I thank the Secretary of State for setting out the measures in the Bill. We do not oppose it, because we support the implementation of Dáithí’s law, and because it is still not clear what an election at this point would achieve other than hardening positions.
I am grateful to the Secretary of State for his kind words about the engagement that has taken place between us, and, as I have said in the past, I am grateful for that engagement. I hope we shall have opportunities in the future to thank each other also for working together in the interests of Northern Ireland. I am grateful, in particular, for the fact that ideas that have been suggested during the engagement between us are reflected in the Bill, and I hope that that will prove to people throughout Northern Ireland that consensus is possible across what are sometimes wide divides in politics.
It would, of course, be better if this legislation were not needed. Northern Ireland is a valued part of the United Kingdom, and restoring the Stormont Assembly and Executive should be a priority for the Government. This is the sixth Northern Ireland Bill in the current parliamentary Session, which means that the Northern Ireland Office has been responsible for one in eight of the Government’s Bills introduced during this Session. Most of those Bills have been fast-tracked and have received one day of scrutiny. That does not serve Parliament well, and it certainly does not serve Northern Ireland well.
We are approaching the 25th anniversary of the Belfast/Good Friday agreement this April. The Labour party is proud of its part in the peace process, and power sharing is an essential and hard-won outcome of that agreement. When people voted for and chose an end to violence, the institutions that were set up promised normality and prosperity. The vacuum caused by the absence of Stormont is having a profound effect on Northern Ireland, which I do not think we would accept in any other part of our country. Public sector workers are striking, but have no Ministers with whom to negotiate; civil servants are being asked to make impossible decisions about education cuts behind closed doors; and the health service has the worst waiting lists in the UK, with no clear plan to improve them. The backdrop to these issues is the fact that families in Northern Ireland have the lowest disposable incomes in the United Kingdom, and 44% of families have no savings at all.
Despite those challenges, however, there is a massive potential waiting to be unleashed. Northern Ireland is at the forefront of countless innovations, such as hydrogen buses and next generation light anti-tank weapons. The Labour party sees it as having a huge role to play in our country’s green transition, and on all my visits I am struck by the determination of people to get on with living life as it should be lived. However, the longer there is no functional devolved government, the harder it will be for these opportunities to be seized.
Dáithí’s law, which we will celebrate and debate today, is an example of what Stormont can achieve when it is sitting. Devolved government was functioning when Dáithí’s law was introduced in the Stormont Assembly in 2021, and the Organ and Tissue Donation (Deemed Consent) Act (Northern Ireland) Act 2022 passed its final stage in February last year. That should have led to opt-out organ donation being in place across Northern Ireland.
I pay tribute to Dáithí’s family, who I know are watching in the Gallery. I am pleased that you, Madam Deputy Speaker, made them so welcome, and I am also pleased that we as a House encourage the gurgling noises that we hear from a young family. Believe me, they are the nicest noises that intervene on us when we are speaking here, and we should not be offended by them in any way, because they are welcome today.
Peter Kyle
On that note, talking of interventions and gurgling noises, I will give way to the hon. Gentleman.
Stephen Farry
I must say to the shadow Secretary of State that that is a very unfortunate choice of words, but I will take them in the spirit in which they were intended. I intervene simply to make sure it is recorded in Hansard that when you, Madam Deputy Speaker, kindly referred to the family in the Gallery, Dáithí waved at you.
Peter Kyle
I am grateful for those gurgling noises, and the hon. Gentleman is welcome to intervene any time he likes.
I pay tribute to everyone who worked on what was a positive campaign, which received support across the communities and parties. That is a real credit to Dáithí’s family. Despite the current divisions in Northern Ireland, all party leaders worked together to ask the Secretary of State to intervene in this case so that the law Stormont passed could be implemented. It is right that he has done so, and the Labour party supports the amendments that he has put forward. I hope that in the future the Assembly can pass more laws that have widespread support and make a difference to people’s lives across Northern Ireland. This is the reality of how high the stakes are for restoring Stormont.
There is a contradiction at the heart of this Bill and the Government’s strategy for restoring the Executive. When the previous Act—the Northern Ireland (Executive Formation etc) Act 2022—was passed last year, I said that the timetable for a restored Executive was extremely short. I warned that it seemed unlikely that enough progress would have been made on the protocol negotiations for the Executive to be restored before the deadline. The Secretary of State told me that he was an optimist. We have the opposite situation with this Bill. It sets an extremely long deadline, which I support, of potentially a year for restoring the Executive as the protocol negotiations hopefully reach their end point. It is important that the Secretary of State is clear that he still has the power to call elections at any point during this period. I do not want to be pessimistic about this, but it is hard to see such a long extension as an endorsement.
Since the Prime Minister took office, the Government have followed a plan for restoring devolution by finding a negotiated solution to the protocol. That is correct. It is to be welcomed that the concerns of Unionists have been listened to and that the EU is showing more flexibility over what is possible. I cannot help but wish that the same respect had been shown to the Democratic Unionist party when it was expressing protocol concerns from within the Executive and Assembly. Had that happened, I do not believe that we would be here today.
In these late stages, I urge both the UK and the EU to strain every sinew to find a comprise that will be acceptable to all communities. As the Secretary of State knows, Labour stands ready to support such a deal. However, despite all the recent front pages and 15-minute meetings, the shape of the deal is still largely unknown to Members of Parliament. There is even confusion about whether it will be voted on in this House. I know that the Secretary of State and his Ministers have been deeply involved in these talks, so I hope they can confirm that a deal will be put before the House for a vote so that Members who represent Northern Ireland can have their say on it.
The path that the Government have not chosen to follow is the Northern Ireland Protocol Bill. Yesterday, the former Justice Secretary, the right hon. and learned Member for South Swindon (Sir Robert Buckland)—who was in his place just a short while ago—wrote an article in which he said:
“The Northern Ireland Protocol Bill has outlived its political usefulness and no longer has any legal justification”.
The Labour party has always said that that Bill would take a wrecking ball to our international reputation as a country that follows the rule of law. The Government would benefit, too, by being open about the fact that their legal advice might well have changed in recent days and weeks. Ultimately, a negotiated solution will be the only lasting solution.
It would also help the negotiations if the Government were more consistent in their defence of the Good Friday agreement on other fronts. This very week, we have had the spectacle of the Justice Secretary claiming that the Government were considering leaving the European convention on human rights in the morning, and the Attorney General confirming in the afternoon that doing so would break the Good Friday agreement. I hope that the Minister, when he responds, will confirm that the Government remain committed to all parts of the Belfast/Good Friday agreement.
Problems are piling up in Northern Ireland. This Bill does not solve all of them, but it stalls and buys more time. There are 39 key decisions that require Executive approval currently on hold. All of them are important in their own ways. People in Northern Ireland deserve such decisions to be taken locally. The Government will need to keep the next King’s Speech very light and prepare for an even higher number of Bills concerning Northern Ireland in the next Parliament if we do not get this right.
Simon Hoare (North Dorset) (Con)
It is a pleasure to follow the shadow Secretary of State. I agree with much of what he said, and I agree with everything that my right hon. Friend the Secretary of State said. Given the amount of Northern Irish legislation that we have had to deal with in recent months, it should come as no surprise that the Secretary of State sought the longest extension time he possibly could. I am not entirely sure whether he wanted that or whether the Leader of the House and the business managers said, “You can have one more go at this and don’t bother coming back again.” I think there is probably quite a lot of truth in that.
The Secretary of State is right to have gone long, regrettable though that is. The stakes are incredibly high, as we know. We are all familiar with the phrase “last chance saloon”. It has been applied on so many occasions to so many issues, particularly with regard to the politics of Northern Ireland, but we should be cognisant that this feels like a very important time in the negotiations on the protocol, and we await the outcome with interest. The Government are right not to give a daily running commentary and five-minute bulletins. These are big issues that need to be resolved calmly and amicably, and in the new spirit of trust and mutual respect. Therefore, it is a question of getting it right rather than getting it done by a particular time.
This is important, because if we get it right and a situation is alighted upon that can command near-universal support—ideally universal support—in this place and elsewhere, that will lead on to addressing all those points that we hear about weekly in the Select Committee, where the shadow Secretary of State and the Secretary of State have set out the problems relating to health, education, housing, infrastructure and the post-covid rebuilding of the economy. Those issues require real-time intervention by local politicians representing their communities and making the changes that people want. This could take one, two or three weeks. It will take as long as it needs to take in order to get it right.
All of us, irrespective of what side of the debate we come from, have been seized this week of the importance and seriousness of the time in which we are operating, of the need to get this right and of the urgency required to deliver for the people of Northern Ireland, for which there is a pent-up appetite in all parties. Nobody wants to be sitting metaphorically twiddling their thumbs; they want to be discharging the jobs to which they were elected. I think it was Dave Allen who used to say, “May your God go with you,” and now is the time, whichever God we believe in, if any, to pray that we are moving towards a solution that works across the piece and that can lead to an enduring settlement, in terms of wider UK-EU relations and how the protocol operates, and to ensure that a space can be carved out so that that deeper taproot of devolution, such as we see operating in Scotland and in Wales, can really take root and flourish in Northern Ireland.
Colum Eastwood
Does the Chairman of the Select Committee agree that in this sensitive period, when we are hopefully at the end of the negotiations, we all have a responsibility to be careful and to allow the negotiations to conclude, hopefully successfully? Does he also agree that in the Western Health and Social Care Trust, some people are waiting for eight years to see a consultant, and that that situation can no longer stand? We need a Government as soon as possible to deal with that crisis.
Simon Hoare
I agree with the hon. Gentleman. That takes me neatly on to the proposal tabled by my right hon. Friend the Secretary of State, which broadly mirrors that tabled on a cross-party basis by the Northern Ireland parties represented in this place. The public are not really that interested in process.
I met Dáithí and his parents yesterday—I echo everything that has been said about him, because he is an inspirational and joyful young man—and through their quiet persistence they have made a case that can unify all political parties and those of no political persuasion, and shown that the changes we are making are the right thing to do. That speaks to the point referenced by the hon. Members for Foyle (Colum Eastwood) and for Hove (Peter Kyle), among others: that most people in Northern Ireland just want a better life. They want better housing, a better economy, better health outcomes and better education. For many, the processes by which those things are delivered are a moot point; they just want to see that step change and that improvement in their lives.
Nobody who has met the family over the last few days will have come away without a bit of a lump in their throat, because the family’s story is compelling and moving. There is also a simplicity to it, because what we are doing is such an obvious thing to do, but the hurdles of politics got in the way and prevented it from happening. Something almost as natural as drawing breath has been put on hold because of processes that the vast majority of people do not fully comprehend and do not see as particularly relevant to them. As I say, people just want to see changes, and this family’s story, which has led to the Government’s proposal, shows what a power for good we can be when we all put our shoulders to the wheel and face in the same direction.
I do not know about anybody else, but when I go on school visits in my constituency, I am often asked, “What’s the difference between you all?”. We talk about philosophy, principle and world view, but the one thing that unites us—the Government’s proposal throws a sharp light on this—is that none of us entered this place, or a district council chamber, Stormont, the Senedd or Holyrood, to make our communities worse off, to make people less happy or to make them less prosperous. We are all motivated to try to make things a little better for our communities in the time—however long it happens to be—that we have the honour to represent them in whichever elected forum we happen to serve. I hope that that spirit of hope and optimism, which is writ large in the Government’s proposals, is not restricted to them and to the cross-party working on them, because this is also about recognising the good that can be achieved by this place and other forums for our people.
I conclude with a point that is relevant to us all. The Northern Ireland Affairs Committee, which I have the privilege of chairing, is currently taking evidence about the devastating impact of paramilitaries. The hon. Members for Strangford (Jim Shannon) and for Upper Bann (Carla Lockhart) and other Members will have heard it all. It is a hangover that nobody can quite understand and that everybody involved in the Good Friday agreement rather expected to have disappeared. We are also starting an inquiry on the Good Friday agreement itself, and there is something that worries me. The Secretary of State talked about leadership, and it is not just about leadership in Northern Ireland—this place needs to see leadership as well. We need a clear direction to be set—a path, a clarion call—and then the troops will follow. If there is no route map and no direction, we will be left slightly rudderless, which will allow all sorts of competing corks to bob around in the water, crashing into each other and causing more harm than good.
We have heard evidence from those closely involved in the run-up to and the delivery of the Good Friday agreement, and my worry is whether it could have been delivered if social media had been around. Social media can occasionally curtail political bravery, courage and leadership. People read those who follow them and those they follow, creating a self-perpetuating, self-endorsing echo chamber with a similarity of world view, where the more strident voice gets heard because, in that echo chamber, only stridency stands out. All of us will be being buffeted by social media over the protocol and other issues: “If you do this, you’re a traitor,” “If you do that, you’re a Lundy,” “If you do this, you’re not a Unionist,” “If you do that, you’re not a nationalist,” or, “If you do something else, you can’t be a Conservative.” It is all nonsense. We are all public servants, and the Bill is about trying to get that back up and running. I wish all the parties well, and the people of Northern Ireland wish them well, so let us make the progress we need.
Richard Thomson (Gordon) (SNP)
I think we all know why we are here yet again: the continued refusal of some to resume their seats in the Assembly and the continued impasse caused by Conservatives placing Brexit at a higher, more prized level than what they call their precious Union. It should go without saying that Northern Ireland is always governed better when it is governed locally and that the best place for MLAs is back at work in a fully functioning Assembly that is holding to account a fully functioning Executive that are getting on with tackling the many problems that exist in Northern Ireland today. The SNP will support an extension again, because at this point we do not see a great deal of point in driving voters in Northern Ireland to the polls until the politics have moved on somewhat.
It will come as an enormous relief to all concerned that I do not intend to speak in the later stages of the Bill’s proceedings, but I hope you will permit me, Madam Deputy Speaker, to make some remarks about Dáithí’s law, as others have done, and to pay my own tribute to his family for the thoroughly inspirational campaign they have conducted. Although the amendments to the Bill may be a less than perfect way of introducing that law, they at least get Northern Ireland where it needs to be. I agree wholeheartedly with the Secretary of State that this process should not become the norm in the absence of an Executive that can pass legislation, but on this occasion the ends very much justify the means, and we can very much justify looking the other way.
Dáithí’s law will bring renewed hope to many, and I very much hope he gets the outcome we all earnestly hope for, because so much hope and such positive outcomes can be brought to people in Northern Ireland. When Dáithí gets the outcome he deserves, as I am sure he will, it will allow him to lead a long and happy life, and I hope that that heart will be able to hold all the love that his mummy, his daddy and his family can possibly give him.
Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)
I echo all right hon. and hon. Members’ tributes to young Dáithí and his family, including his father, Máirtín, who is here with him. I had the pleasure of meeting them both at Lisburn in my constituency, and the case they brought was absolutely compelling. I welcome the Secretary of State’s decision to bring forward the amendments to the Bill. As you will know, Madam Deputy Speaker, I, the hon. Members for Foyle (Colum Eastwood) and for North Down (Stephen Farry) and other colleagues—in fact, all the sitting Members of the House from Northern Ireland—signed a cross-party proposal similar to the one brought forward by the Government. However, we are more than willing to support the Government’s proposal to ensure that enabling legislation is put in place to allow the Secretary of State to lay regulations implementing the necessary provisions, including the definitions of prescribed organs that are covered by the deemed consent. We very much support moving forward in that way.
I note the Secretary of State’s comments about the Assembly and the Executive. I am clear that we want to get a functioning Executive and Assembly up and running as soon as possible. He will know that when I took the decision last February to withdraw the First Minister from the Executive, I felt it was a measured response to the inactivity and failure of the EU to engage with the Government meaningfully to bring forward proposals that would address the concerns of Unionists. That enabled Ministers to remain in their Departments right up until the end of October, when, under the legislation, they could no longer remain in office. I understand why the Secretary of State has brought forward this Bill to extend the period for holding an election. Let me be clear that Democratic Unionist party Members do not fear going to the people; if and when an election is called, we will take our case to them. I noted the Secretary of State’s comment that he wants to create the space within which progress can be made—in that spirit, so do we. We are engaging with the Government on the vital matters that now need to be resolved to enable an agreement to be reached with the EU, one that we expect will result in fundamental change.
We are talking about change that will, first and foremost, respect Northern Ireland’s place within the United Kingdom. That is not just a requirement on the part of the Unionist community in Northern Ireland, but one of the fundamental principles at the heart of the Belfast agreement signed in 1998. Section 1 of that agreement deals specifically with respecting the constitutional status of Northern Ireland and the principle of consent, and we need to see that fully restored. As I said to the Prime Minister earlier, it is important that we are dealing with not only the trading issues that are the consequence of the protocol and its imposition, but the democratic and constitutional issues that flow from the protocol—the democratic deficit and Northern Ireland’s place within the UK.
Mr Gregory Campbell (East Londonderry) (DUP)
Let me ask about the space that, we hope, has been created to make progress. In the past, whatever the whys and wherefores, where a substantial segment of the community in Northern Ireland was prepared to resist, oppose and declare that they did not like the way politics worked in Northern Ireland, an accommodation had to be found to try to ensure that a new regime accommodated that view. Does my right hon. Friend agree that as we try to make progress in that space today, Unionists have to be afforded exactly the same position, whereby we reach an accommodation where both major blocs and everyone else buys into the process on which we build for the future?
Sir Jeffrey M. Donaldson
I absolutely agree with my hon. Friend on that. He rightly says that at the heart of this is the need to take Northern Ireland forward on the basis of a cross-community consensus and that that consensus was broken down by the protocol, because not a single Unionist Member of the Assembly supports it. Therefore, we did not have a basis for moving Northern Ireland forward. That is important because the Executive and Assembly have important roles to play in the implementation of the protocol. I had Ministers, members of my party, who were in Departments and being required by the protocol to implement key elements that they felt were harmful to Northern Ireland. That was simply not a sustainable position. I do not want to be in the place again where I have to appoint Ministers at Stormont to Departments where they are required to implement measures that harm Northern Ireland’s ability to trade within the UK.
For us, the way to resolve the issues and move us forward lies in restoring Northern Ireland’s place within the internal market of the UK. Let me be clear that, as we have said from the outset, we are not looking to erect a hard border on the island of Ireland. I am not looking to create barriers to trade between Northern Ireland and the Republic of Ireland; I do not want that for dairy farmers in Lagan Valley, beef farmers or whoever is wanting to continue with the arrangements that are there to facilitate cross-border trade. Coca-Cola is based in Lisburn in my constituency, and the Secretary of State visited recently. Some 80% of the products it produces in Lisburn are sold in the Republic of Ireland. I do not want Coca-Cola to have difficulty in trading both within Northern Ireland and the Republic of Ireland. Equally, I do not want the businesses in my constituency that have been impacted by the protocol to be inhibited in their ability to trade with the rest of the UK. The protocol inhibits that and that is the difficulty it creates.
Ian Paisley
This is an important issue. On Monday, my right hon. Friend, along with a number of Members from across the House, was able to attend the “Taste of Northern Ireland” event held in the Jubilee Room. Producers and food providers from all across Northern Ireland represented their trade there. One message that came out clearly from that was that trade in agrifoods is our biggest industry and it is being undermined by the regulations coming through from the EU. Those regulations must be shifted, and I am sure he welcomed the Prime Minister’s comments today that the regulations have to be part of this solution, if there is to be one.
Sir Jeffrey M. Donaldson
I thank my hon. Friend for his comments. He has many farmers and some of the largest agrifood businesses in his constituency, and I know that some of his local farmers have had problems. They cannot bring seed potatoes from Scotland and that is having an impact on the potato sector in Northern Ireland. Some of his local farmers will have experienced difficulties when taking cattle to Scotland for sale and having to bring some of them back because they have not been sold at market; they face six weeks’ quarantine in part of the UK, in Scotland, before they can bring those cattle back to Northern Ireland. That is ridiculous, and those are the kinds of practical issues that we need to resolve.
Karin Smyth (Bristol South) (Lab)
These are indeed serious problems. I also went to that fantastic event on Monday. Many of the people I spoke to there had started their businesses in the past three to five years, since Brexit. The demand for Irish produce in Northern Ireland, across the island and internationally—it is being sold into Fortnum & Mason, and Harrods—is inspirational, and it is thriving. It is important that we celebrate those successes and the opportunities that some of us believe can come from the arrangements on offer from the EU and the negotiations that we want the Prime Minister to conclude. There is huge opportunity here and many of us want to see that for the people and the industries in Northern Ireland.
Sir Jeffrey M. Donaldson
I thank the hon. Lady for her intervention and her continuous interest in Northern Ireland, which I know comes with family connections. She is right to say that we can walk into some of the largest stores in London and find butter from Dromara in my constituency and meat from Moira in my constituency. We are so proud that we make up 3% of the UK’s population and yet we feed almost one in five of the UK through our agrifood produce, which is of the highest quality. Of course, we want to preserve and protect it. We do see the opportunity to expand and grow our business and economy, and we welcome new businesses that are starting up. However, we also need to resolve the difficulties in trade and the barriers that have been erected as a result of the protocol. We believe they are unnecessary, both in terms of protecting the single market of the EU and being harmful to protecting the internal market of the UK.
I welcome the Prime Minister’s earlier comment that we are not talking here about tinkering around the edges. As I said in my party conference speech last year, this is about not just trade across the Irish sea but the application of EU law and how it inhibits our ability to trade within the UK. Fundamentally, that is what needs to be addressed. There is no need for EU law to apply on goods that are not leaving the internal market of the UK. We look to the Government now to bring forward a solution that addresses that issue, but it must go further than that.
On numerous occasions, I have referenced what we call the “democratic deficit”, by which I mean the fact that in Northern Ireland laws apply over which we have no say and on which we have no input. That is simply not acceptable. The Belfast agreement talks about the political and economic rights of the people of Northern Ireland. I would argue strongly that the protocol undermines our political and economic rights—specifically, our rights to legislate for the people who elect us. Although I understand the frustration that the Secretary of State mentioned in his speech about the non-functioning of the Executive, I want to be clear that, if the Executive are to function again, it cannot be on the basis that we are law takers.
Simon Hoare
The right hon. Gentleman and I have had a very similar view on the democratic deficit point, because we are both democrats. When the Committee went to Brussels 24 months ago, or thereabouts, the EU was very alert to that issue as well and pointed us in the direction of Norway to see how it deals with these matters—I am not saying that we should overlay that template. Does he see any merit in the way that the EU and the Government of Norway deal with the issue, with the rules applying, although Norway is not a member of the European Union, as a way of ensuring that Norwegian voices are heard? In the same way, the EU would want Northern Irish voices to be heard. Is there anything within that model that he thinks might work or help?
Sir Jeffrey M. Donaldson
I thank the Chair of the Northern Ireland Affairs Committee for that point. Of course, Norway is a sovereign country; Northern Ireland is not. Northern Ireland is part of the United Kingdom, and it is the Government of the United Kingdom who are the sovereign authority in these matters. We need to look at this not just at the level of our democratic institutions in Northern Ireland, but in relation to the mechanisms for the Government of the United Kingdom to intervene in circumstances where the UK’s internal market, and Northern Ireland’s place within it, is threatened by EU laws—whether they be changes to existing laws or new laws that are introduced. We cannot have a situation where, in respect of our trade across the Irish border, EU laws that apply to that trade impact on our ability to trade within the internal market of the United Kingdom. We certainly cannot have the situation that has arisen with the protocol, where article 6 of the Acts of Union, which govern the economic union of the United Kingdom and our place in it, is impliedly repealed by this House. That must be avoided in the future. In any arrangements, we need to have a safeguard that protects article 6 of the Acts of Union—our right to trade within the internal market of the United Kingdom without barriers being put in our way.
As I draw my remarks to a close, may I say that the reason we are here is that the protocol has undermined the cross-community consensus that is necessary, which my hon. Friend the Member for East Londonderry (Mr Campbell) referenced in his comments, to ensure that we have stable, functioning institutions in Northern Ireland. We are approaching the 25th anniversary of the Belfast/Good Friday agreement, so let us not also lose sight of the successor agreements. We know that at St Andrew’s, at Hillsborough and at Stormont we have had to make changes that improve the way that Northern Ireland is governed. I have heard in recent days clarion calls to look again at the way in which our institutions operate and the principles at the heart of the agreement.
Let me put down a very clear marker on behalf of my party and, I believe, on behalf of Unionism generally: if the road that some want to take on reform is exclusion; if the road that some want to take on reform is majority rule; if the road that some want to take abandons the principle of cross-community consensus in Northern Ireland, that will not be acceptable to my party now or at any stage in the future. It is those principles that are essential to ensure that there is cross-community support for our political institutions in Northern Ireland. I say to the Government that, while we will look at what change can be made to improve the governance of Northern Ireland, we will not countenance the abandonment of that cross-community consensus that is at the heart of our institutions. In that respect, I welcome the comments made by the shadow Secretary of State that that is also the position of the Labour party. I recognise, too, the contributions that Tony Blair and others made to bringing the agreement together and the very delicate balances at the heart of that agreement. They must be protected as we go forward.
Madam Deputy Speaker, I hope that, within the timeframe that this Bill creates between now and next January for an election, we will see an outcome on negotiations and legislation that will bring fundamental change that will respect and restore Northern Ireland’s place within the United Kingdom and its internal market, that will ensure that we are not in a situation where we are rule takers from the EU and where EU law affects our ability to trade within the United Kingdom. That is not acceptable. Where we trade within our own country, the rules that apply should be those of the United Kingdom. Where we trade with the European Union, the rules that apply should be those of the European Union. That is clear. The protocol does not deliver that, and we need a solution that does.
Madam Deputy Speaker (Dame Rosie Winterton)
May I remind Members that if they intervene during a speech, they should stay for the entirety of that speech, in case something they have said is referred back to. Sadly, those who are guilty of this have probably left the Chamber, but we can remind them when they return.
Claire Hanna (Belfast South) (SDLP)
It is right, of course, that we are not having an election. The Secretary of State is correct to more comprehensively push that back, because it would be pointless to miss a series of little deadlines. Ultimately, an election without either a change in the context or a change in the rules would not put power in the hands of the people and would therefore be pointless.
This is a delicate time, a sensitive time, in relation to the negotiations. Hopefully, it is also a time of possibility—a possibility that we can find a deal and an outcome with which most reasonable people can live. We have all said many words in this Chamber and outside of it about the parameters of that, so I will not dwell on it this afternoon.
Clearly, the hope and the goal is to get back into Stormont as soon as possible to get on with the things that people desperately need us to progress on—in care, climate, housing and jobs. Without doubt, health is the most acute and burning issue, in terms of the need that is out there and the corrosive impact of stop-start government and what that has done to our health service over the past number of years. This has not been an overnight problem and there will not be an overnight solution. In the absence of an Assembly, we do not have health transformation; we are having ad hoc bits and pieces of collapse, which are not cost effective and not what clinicians would wish them to be, and they are not building confidence in communities about what is ahead for public health provision.
We can look at any number of examples of services in different geographical areas, but no more so than in the South West Acute Hospital in Enniskillen, where services are falling over and having to be closed without any sense of the compensatory provision that people would wish to see. People are seeing loss of services without any gain and without the improvements in health provision and outcomes that are possible if we do this properly with a locally accountable Minister and an engaged Health Committee.
I do not want to labour this point, but it is very clear that the stalemate is eroding public services. It is eroding belief in politics and it is giving comfort to some of the anti-democratic forces still skulking in the background who have not really come to terms with the agreement and with the will of most people in our society to move forward and to get on with solving our problems and creating our shared future.
This Bill, like a few that we have seen recently, is a bit of a sticking plaster on failure, but some real good is coming out of it today—thank goodness—in the progress of Dáithí’s law. I want to speak to Dáithí:
“Tá tú i do chodladh anois. Maith thú. Cinnte, tá sibh tuirseach i ndiaidh an taisteal. Duit féin, do do mhamaí, do dhaidí agus, anois, do dheirfiúr bheag, ba chomhair daoibh a bheith an-bróidiúil as an bhfeachtas a throid sibh, as an misneach a léirigh sibh, agus as an mbua mór a bhain sibh amach le chéile. Agus a Dhaithí, ár laoch, iarraim ar Dhia go mbeidh dea-scéal agus croí nua agat go luath.”
To Dáithí, to your family, to your mum and dad, and now to your wee brother: You should be so proud of all that you have achieved together—the huge progress that you have made. You have been a hero to so many people and we all just hope that you get good news and a new heart soon, and we are all with you.
It is important that we say well done to that lovely family for all that they have achieved, and to so many people who have progressed the issue over the years. I pay tribute to Jo-Anne Dobson, an Ulster Unionist MLA, who advanced the issue substantially in a previous Assembly, bringing the issue to public attention and making it a political reality. She loosened the lid.
Jim Shannon
The hon. Lady rightly refers to Jo-Anne Dobson, who has been through this situation—she had a young son, Mark, who had a transplant, without which he would not be here today. The hon. Lady looks to history, and the history is right, and she has expressed it in a very kind fashion.
Claire Hanna
I thank the hon. Gentleman. I pay tribute to others, including Fearghal McKinney, who is here from the British Heart Foundation and has worked on this issue for many years and with his colleagues has helped to get all the ducks in a row to allow the family to have the reach they need and the regulations in place. I also pay tribute to Joe Brolly and Shane Finnegan from my own parish of St Brigid’s. Joe Brolly’s act of decency and humanity a few years ago in giving his kidney to a relative stranger opened many people’s eyes; it stopped us in our tracks and underlined how meaningful and how important for life organ donation is.
I hope all those people, particularly Dáithí and his family, who brought the issue to this point, take some pride in and encouragement from their achievement, and I hope it will encourage and remind all of us in elected life that we can do good things when we work together. There are many things we need to do, and hopefully these couple of weeks can see progress and allow us collectively to get on with making many other necessary and positive changes.
Sammy Wilson (East Antrim) (DUP)
I will say at the outset that the Bill going through the House today is an illustration and example of the futility of trying to use political blackmail to move my party from its principled opposition to legislation and to an agreement that is designed to take us out of the United Kingdom. I say to the Secretary of State that, to protect his own credibility in Northern Ireland, he had far better not listen to the anti-Unionist voices in the Northern Ireland Office, but use his political antennae to know what is the right thing to do.
This Bill illustrates that on four occasions the attempt to blackmail my party back into the Assembly by the threat of an election did not work, because the issues at stake are far too important simply to cave in to the threat of an election in which we might or might not have damage done to us, or to go back into an institution where, as Unionists, we would have been required to collaborate with an arrangement that was designed to, and will—as we have absolutely no doubt and as we have warned time and again—separate us from the country to which we belong. I hope the Secretary of State learns that lesson. We are not moving on an issue of principle.
The Secretary of State said in his remarks that he is disappointed that the Executive has not been re-formed. He should not be surprised. He and I campaigned to leave the European Union. We did so because we believed it was important that, as a country, we had the ability to make choices about the laws we had, the direction we took and the partnerships we made on trade, to do the best for the citizens of our own country. Yet, as a result of the protocol, Northern Ireland—and he knows it—has not gained the benefits that he and I campaigned for and that those who voted for Brexit wished to have. We are still left within the embrace of Brussels because of the imposition of EU law.
That fundamental problem is at the heart of the action we have taken. I have heard many hon. Members say today, as we will hear time and again, that this must be done to protect the Good Friday agreement. The fact of the matter, now clearly illustrated, is that the protocol and the Good Friday agreement cannot sit side by side. Indeed, one of the authors of the Good Friday agreement, the late Lord Trimble, made it quite clear that in order to keep the protocol intact, the Government would have to rip up the Good Friday agreement—and that, in effect, is what has happened. The leader of our party, my right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson), has made that quite clear.
The consent principle of the Good Friday agreement has been removed. Even the voting mechanisms that are allowed to make decisions about whether the protocol applies have had to be manipulated and changed, and the provision in the Good Friday agreement for cross-community support on that particular issue had to be removed. The Good Friday agreement and the protocol cannot sit in place side by side. One of the two goes. That is why, as a party, we have said there must be changes to the protocol.
Why is this Bill necessary? The Secretary of State made it clear that he did not believe that an election would change anything. Why would an election not change anything? It is because he knows in his heart, even if the officials who advise him do not know it, the suppressed anger within the Unionist community at being pushed out of a country that many Unionists died, during a terrorist campaign, to remain part of. Thousands of them refused to be intimidated by threat of violence to vote in the way Sinn Féin and the IRA wanted. He knows that that anger and that determination have not changed.
All the talk about the impact of the Assembly’s not working on the day-to-day lives of people has to be measured against whether the Assembly was functioning to deal with those issues anyway. No, it was not: we had a black hole in our budget during the time the Assembly was sitting. Some of the increases in waiting lists in the health service occurred while the Assembly was working, and many of the other problems have not emerged since February last year; they are long-term problems that were not dealt with even when the Assembly was working.
Even with some of the decisions that people would like to see made, the majority of the Unionist population now realise what is at stake, and they would not find it acceptable for their Unionist representatives to go back into an Assembly even under the threat of calling an election. We have had a lot of different threats. We were told that the Northern Ireland Protocol Bill could not progress in this House unless we got a Speaker. We were told the electricity payments could not happen unless Stormont did them. All those threats have been made in the past. I must tell the Secretary of State that this problem is not going away, and this party is not going to collaborate in an Assembly where we are expected to implement that very protocol until there are changes made.
What kind of changes could avoid legislation such as this having to be made again? I think that is very clear. Some people have presented this as some kind of trade problem, saying, “If only you could do away with the trade issues and have trade flowing freely, the issue would go away.”, but it is much more fundamental than that. The trade issue only occurs because there is a different law applying and a different lawmaking body in Northern Ireland from those in the rest of the United Kingdom.
We are not subject to British law anymore—we are not subject to laws made by institutions set up in the United Kingdom. We are subject to laws made in Brussels. Those laws are imposed on us; we have no say on them, and if they are detrimental to our country, we cannot change them. If we try to not implement them—if we try to ignore them—there is a foreign court that will drag us into the dock to make sure that we do.
Ian Paisley
Would my right hon. Friend agree that the issue is not only about the laws? A raft of regulations is coming upon Northern Ireland daily and impacting on our principles and the practical issue of how we do business. For example, at the end of this week, regulations that affect the organic seal on eggs will put our egg industry effectively out of business. Those regulations will cut off our market here in Great Britain. We will not be able to market those eggs in GB, because a regulation from Europe says our organic egg products must be produced in a particular way that appeals only to the European market, where we do not have any sales.
Claire Hanna
Would the right hon. Gentleman mind saying what he thinks the specific impact will be on the dairy industry, and the many producers that sell about a third of their milk to the Republic of Ireland? What would be the environmental impact of having to dispose of a third of the milk produced in Northern Ireland? Where would that be sold if we did not have our privileged access to the single market?
Sammy Wilson
The hon. Member should think about the issue the other way around. What would be the impact on the food industry in the Irish Republic if the EU and the Irish were so bold and so stupid as to cut off a third of the milk that they need to make cheese, butter and everything else in the factories there? There are always ways of working around these issues. There is an idea that, somehow or other, if we do not conform to EU law, we cannot trade with the EU. America does not conform to EU law; it does not have EU laws imposed on it. China does not have EU laws imposed on it, but it can trade freely, and its trade with the EU is worth billions. Of course there are ways of addressing the issue.
Stephen Farry
I am sure that the right hon. Gentleman would recognise that the difference between Northern Ireland and China or the United States when it comes to access to the European Union is that Northern Ireland currently has unfettered access to the European Union market for goods, whereas neither China nor the United States does. They have access, of course, but not on the same trade terms.
Sammy Wilson
The cost of that is fettered access to trade with GB, our biggest trading partner. When I look at the balance, the choice I would make, as a representative of Northern Ireland’s consumers and businesses, is to have unfettered access to, and supply of goods from, GB. I would rather have that than have to pay the cost of fettered trade with GB simply to have unfettered access to the Irish Republic, when we know that there are other ways around the issue of trading with the Irish Republic.
Mr Laurence Robertson (Tewkesbury) (Con)
Does the right hon. Member recognise that of all the goods coming from other countries into the EU, an average of only about 1.3% are physically checked? How could it be right for there to be checks on a greater proportion of the goods moving within the United Kingdom? That cannot be right.
Sammy Wilson
The hon. Member is right, and that illustrates just how much trade with GB is fettered in order to get unfettered access for a small amount of produce in the Irish Republic. Nearly 50% of the border checks for the EU were done for goods coming through Northern Ireland, even though we account for 0.4% of trade with the EU. That is the price being paid. Leaving aside the political and constitutional issues, there are huge economic issues from that unfairness.
The Secretary of State cannot and should not be surprised or disappointed that, as a Unionist party, we refuse to take our part in an Executive who would require by law—the courts have ruled on this—that our Ministers administer and impose that kind of arrangement on the people of Northern Ireland. That is not to mention the unknown future: there is a whole raft of EU law that we cannot even see—it is over the horizon at moment—that will cause us to diverge further from GB. That will make us a colony of Brussels—that is how it has been described—and will damage our economic, political and constitutional relationships with the UK. The Secretary of State cannot expect that of us.
That brings me to the point that I want to make: how do we get out of this situation? As my right hon. Friend the Member for Lagan Valley has mentioned, we welcome any changes that have been made. We have not seen the detail of them—nobody has—so it is really hard to assess exactly the extent of the changes on trade, checks, VAT and state aid, and what exactly they mean. Until we see them in writing, we are certainly not going to take the word of those who brief us. Even if their intentions are honest, everyone will have their own interpretation of those things. We need to see the changes to measure them.
A central question needs to be addressed; if it is not, there cannot and will not be a positive response from my party. What do we do about the 300 areas of law—not 300 laws, but 300 areas of law—to which Northern Ireland is currently subject that are being determined in Brussels? Do they come back to the devolved Assembly? There are three parties represented in the Chamber today, and some of them have already said that we should go with the deal, even though they have not seen it. We have not turned the deal down because we have not seen it in its entirety; we have simply given guidelines on what we expect to see in it.
I say this to all the parties here who send representatives to the Northern Ireland Assembly: what kind of public representative wants to be, and would support being, part of an Assembly that has no say over a whole raft of the laws that impact on businesses and consumers in their constituency? What kind of representative would accept sitting and working in an Assembly, and perhaps acting as Minister, if it meant implementing laws that they did not initiate and cannot amend, but have to implement, even if those are detrimental to their constituents? That is the democratic deficit, and it affects not just Unionists, but every party and every public representative that sits in the Assembly. That issue has to be addressed.
The only way to address the issue is to ensure that when laws are made for Northern Ireland, they are made either in this place, if they are on retained issues, or in Stormont, if they are on devolved issues. That is the ultimate test. Once that happens, we will not need to worry about trade barriers and everything else, because we will have a seamless market within the United Kingdom. I hope we get that outcome, because I support devolution. In fact, I was a member of the Executive at a time when they worked at their best; I am not taking any credit for that. I can think of legislation that I took through the Assembly that has been copied in other legislatures across the United Kingdom. The Executive were innovative, and able to respond to local issues. I can see the value of devolution, but it can work only if it is based on the principle of consent from both sides of the community—especially in a divided society such as Northern Ireland.
I take issue with the shadow Secretary of State’s questioning whether there is any need for the protocol Bill. I believe that in these negotiations, the EU has to understand that there is an alternative. Not to proceed with the protocol Bill would be wrong, because there must be a fall-back position if the negotiations do not succeed.
It seems that all the wrong choices have been made. For a couple of years now, the EU has wanted access to important commercial data, and before we have even made an agreement with the EU, we have surrendered and said that we will make that data available. The EU has been complaining about there being no physical border posts, and what have we done ahead of reaching any agreement? We have agreed that, since Stormont will not do it, the Department for Environment, Food and Rural Affairs will take responsibility for building those border posts, which are quite extensive. When I look at the size of the post in my constituency, I wonder whether everything will go through the green lane, because we have a massive 10-acre site, which DEFRA intends to develop with a huge building that would do Dover proud, for dealing with east-west trade. Those kinds of signal do not help us to reach a solution and agreement with the EU.
We wish the Government well. We think that their approach to these negotiations, as I have tried to illustrate, will not make it easy for them to get the concessions required from the EU. They have an alternative, whether that is the dual regulation alternative in the Northern Ireland protocol, or the mutual enforcement proposals that my party has put forward. The one thing I would say is that this requires radical change, not tinkering. What we have seen so far appears to be tinkering.
Stephen Farry (North Down) (Alliance)
I rise to support the Bill, and to confirm to the Secretary of State that he is doing the right thing in moving the election timetable; as things stand, that is probably the Bill’s sole purpose, even though the debate has ranged far and wide. That said, I welcome it as a potential vehicle, and appreciate that there are procedures to go through to enable Dáithí’s law to come into full effect. I join colleagues in paying tribute to Dáithí and his family for their campaign, and thanking the British Heart Foundation for its kind support. I also place on the record our collective thanks to House officials, who have worked very creatively over the past few days to facilitate this provision, and of course to you, Madam Deputy Speaker, and to Mr Speaker for your engagement with this issue. I am sure the teddy bear will be greatly cherished for a long time.
I think it fair to say that an election will not achieve much in the short to medium term; if anything, it could be counterproductive, especially given that we are at a delicate stage in the negotiating process. Of course, there is a mandate from May last year, which is still unfulfilled, and there are a lot of restless MLAs who are unable to do their full job. We talk about how there is a democratic deficit around EU law, but I cannot avoid making the point that by far the biggest democratic deficit is the failure to have an Assembly in Northern Ireland that can take control of devolved issues. At the moment, we have issues that are stuck, and while civil servants are doing their best to fill the gap, it is not a tenable situation. If some quarters put as much effort into addressing that as is put into creating an artificial battle over EU law, we would be in a much better place.
I respect the fact that we are at a delicate stage in the process. The intention is that if we get a deal that has cross-party buy-in, we will see the restoration of the institutions in the very near future. If we do not see that happening, we have to avoid a political vacuum being created. People will say that this Bill creates space, but space can be a positive or a negative thing, and it can also be a vacuum. If there is no restoration in the near future, we need to address reform of the institutions and, in particular, the situation whereby parties can veto power-sharing, never mind decisions that cut across communities and create difficulties. Power-sharing has been vetoed in the past and is being vetoed today, and that is not a tenable situation.
This is not about excluding any party; it is about a situation where, if a party is determined to exclude itself, that will not bring the whole show down or prevent other parties, which are willing to govern, from proceeding. However, my preference is for all parties that have a mandate to work together in Northern Ireland for the collective good of our society.
Sammy Wilson
Can the hon. Member explain why, in the three years when Sinn Féin excluded itself from the Executive and we had no Executive, the Alliance party not only did not propose, but refused to support any move that would have excluded Sinn Féin?
Stephen Farry
I am grateful to the right hon. Member for that intervention because it enables me to reinforce my point. My party has been seeking reform of the institutions since the passage of the Good Friday agreement. We have been consistent in highlighting that the particular form of coalition Government that applies is too rigid and has the potential for deadlock. I have to say that that is something the DUP also consistently pursued over those years, until fairly recently. With reference to the period in which Sinn Féin brought the institutions down, I encourage the right hon. Member to go on our website and look through the succession of conference speeches by our party leader, Naomi Long, in which she regularly called out the blockages in the system and called for reform of the institutions. My party has been extremely consistent on this point.
I do not want to spend too much time talking about the protocol, because that is not why we are here today, but obviously it is the backdrop or context for our discussion of the Bill and there are a few points it is important to reinforce. First, most people and businesses in Northern Ireland want to see an outcome, and they are pragmatic about the protocol; they understand why it exists and that it needs a measure of reform to work more effectively. In essence, they want to maximise the opportunities that come from it while addressing its deficiencies. That is where most people are in their headspace.
It is worth stressing, particularly in this Chamber and throughout Great Britain, that Unionism represented by the DUP is only one part of the equation of Northern Ireland society. Obviously, the DUP has an important view, which has to be taken into account, but it is far from being the majority viewpoint in Northern Ireland. It is important that commentators and others take a balanced view on what is being said in Northern Ireland and the interests being advanced by the people of Northern Ireland. For me and, I think, some others, the key test of the way forward is essentially that we preserve market access, both to the wider European Union market and to the UK economy as a whole. That is the key test for most pragmatic people and businesses.
Ian Paisley
I hate to come back to this point, but article 6 of the protocol states that there should be unfettered access to the UK internal market. Twice so far in this debate I have raised the matter of organic eggs produced in Northern Ireland. Our market is the United Kingdom, not the Republic of Ireland, yet as of Friday this week, because of EU regulations applying to Northern Ireland, our farmers cannot sell eggs to the rest of the United Kingdom. How is that helping the hon. Member’s case?
Stephen Farry
My first response is that I did not advocate Brexit. The protocol will never be a clean solution to these issues. There is no perfect outcome when a single market is broken up in the way that has happened. This is about managing and mitigating the fallout.
The hon. Gentleman may well be pleased to know that I recognise his point about eggs. I have written to a Minister at the Department for Environment, Food and Rural Affairs to advocate for ongoing flexibility on that. For some agricultural products, Great Britain is our main market, but for others—particularly milk and the wider dairy sector—the Republic of Ireland and beyond is the key market. There are a lot of subtleties there that we have to work through.
There is frustration at the moment about the fact that we are almost in danger of re-treading a lot of old arguments that I hoped had been put to bed, but which seem to be resurfacing. With reference to Brexit and Northern Ireland, there are essentially only three choices available to policy makers. The first is to go for a soft Brexit, minimising diversions between the European Union and the UK or Great Britain, and that would ease tensions particularly in relation to Northern Ireland. The second is to go for a hard border on the island of Ireland, which, for various reasons, is politically and economically unviable. The third is to have some form of special arrangement for Northern Ireland—we could call it a “protocol”, or we could call it something else. That involves Northern Ireland being treated differently in certain respects, which is not new; it has been part and parcel of the Northern Ireland’s entire history from the early 1920s.
People get exercised about the Acts of Union being breached, but no such arguments were made in 1920, 1949 or even in 1998 with the Good Friday agreement. In practice, a single-party Unionist Government in Belfast were more than happy to diverge from the rest of the United Kingdom whenever that was viewed as in their interests. That is before we even get to the current iteration of devolution.
I will focus in particular on the democratic deficit. As I have already said, that was not an issue prior to Brexit, when the UK had full representation at all levels of the European Union. Our biggest democratic deficit by far is the failure to have an Assembly or an Executive alongside the other institutions of the Good Friday agreement. Looking ahead, we need to drill down and see what is most important in terms of addressing the democratic deficit. I recognise that there is an issue, as did the European Union in its October 2021 non-paper.
The key issue is ensuring that Northern Ireland officials, businesses, civic organisations and political voices are able to get in at ground zero whenever a new EU law that may become applicable to Northern Ireland is being designed. As I am sure everyone in the Chamber will appreciate, the most important time to try to influence a law is before the final decision is taken, rather than while it is being ratified through the various structures, when it becomes much more difficult to change the course of action. The Chair of the Northern Ireland Affairs Committee, the hon. Member for North Dorset (Simon Hoare), made reference to Norway. Places such as Norway, Liechtenstein, Iceland and even Switzerland, which are outside the European Union but are part of the single market or within its orbit, direct most of their lobbying energy at Brussels. We do not at present have that route directly in Northern Ireland, and that is what I want to see addressed when we talk about a democratic deficit.
By contrast, the sign-off of EU law is a secondary issue. In practice, once those laws are developed, it is in our interests to go along with them to preserve dual market access. However, I have concerns about the tenor of the democratic deficit emerging from this deal. If we end up in a situation in which there is a lack of certainty about Northern Ireland’s ongoing compliance with the aspects of EU law relevant to us gaining access to the single market, that will have a detrimental impact on the certainty of Northern Ireland’s existing businesses that they can trade with the EU. That huge issue may well deter investors from coming to Northern Ireland. There is the danger of a big asterisk beside Northern Ireland, meaning that, although we have access to the single market, it will say between brackets that it is subject to whatever mechanism is used to try to cover up this non-existent issue. That very process creates uncertainty for businesses.
I do not want to see a situation whereby, in trying to fix one particular problem in the current stand-off, we end up perhaps inadvertently creating a wider problem that acts to the detriment of our current and future businesses and the future prosperity of Northern Ireland. People talk about the “sweet spot” of Northern Ireland’s dual market access, but that will only come to fruition if we do several things. We need to promote it politically and through our investment agency, but we must not create any uncertainty in that regime beyond what we currently have.
That also applies to the European Court of Justice, for example. Whenever people talk about the European Court of Justice coming in and imposing things on Northern Ireland, I say the opposite: the Court is a means to an end. If we are abiding by a certain aspect of EU law, the Court comes as part of it. If we want to put various layers in between, that is fine—nobody will object to that particular point. But the converse is that there may well be a situation in which there is uncertainty about the access of Northern Ireland businesses to parts of the single market, and in which we are wrongly blocked from access in investment decisions, procurement opportunities or things along those lines. In that context, the European Court of Justice becomes our potential ally, opening up those doors that have been wrongly shut in the face of Northern Ireland businesses. Again, it is important that we do not inadvertently throw that out and miss the wider point of what is in the best economic interests of Northern Ireland.
I will conclude on the Northern Ireland Protocol Bill. It is appropriate that the protocol Bill is parked or drifts away—or however that may happen. I trust that the Secretary of State, who has been at the coalface, will appreciate this point more than most. Progress has been made over the past number of months because, under this Government, trust has been rebuilt with the European Union. We saw that with the breakthroughs on data sharing and, just before Christmas, on longer grace periods for veterinary medicines. But we cannot build trust and, at the same time, retain the tool to break that same trust. That is not going to close this deal.
I wish the Government well over the coming hours and days—but hopefully not weeks—in concluding a deal, but that deal has to be one that works in the interests of all the people of Northern Ireland, not just those from a Unionist background, and that works for the future economy and prosperity of our region.
Carla Lockhart (Upper Bann) (DUP)
I welcome the amendment to address organ donation. This moment would not have happened without the courage of a little boy, who has been mentioned so often in the debate. We really commend Dáithí, his parents Máirtín and Seph, and his little brother for their determination and tenacity in bringing about real change in Northern Ireland. It is wonderful.
We all have ideas and ideology and want to bring about change and make our mark on society, but that little boy of six really has done, and I think that is absolutely amazing. It should inspire us all to go that extra mile to stretch ourselves and do the right thing. I also pay tribute to Fearghal, who I know has played a key role in supporting the family and helping them on this journey. Navigating the legislation and being in the right place at the right time is not easy, and I commend him for it.
As a mum myself, I wish Dáithí all the best for his future medical support and care. When I looked at him yesterday, I could not help but be moved. I thought, “Here is a little boy who is fighting for everyone else, yet he needs us to fight for him.” He has such an amazing mum and dad, who have done so much for him in his short life by pushing this issue. We wish him well as he goes for his surgery in the not-too-distant future. I assure him of our thoughts and prayers for that journey.
I also pay tribute to a constituent of mine, Jo-Anne Dobson, who has already been mentioned. She has been very much at the fore of this debate. She brought the matter to the Assembly a long number of years ago when she was an MLA. She brought it because it was personal to her as well. She, too, must be commended, because she gave the gift of life to her son, Mark, when she donated her kidney to help to save him. I commend Jo-Anne for her efforts; I know that she would be proud of Dáithí today and all that he has achieved.
My colleagues and I want to see devolution. We want devolution that delivers on issues such as health, education and public services—devolution that works. We are frustrated that we find ourselves debating this legislation in the House today. It should not be needed, but sadly it is necessary, because ultimately the Government have not acted or been able to resolve the long-running issue of the Northern Ireland protocol. That issue alone is the bar to the restoration of the devolved institutions.
Over recent days, there has been a great deal of speculation about progress and reaching a new agreement. Let me be clear: the DUP stands ready to restore the Executive, but that can happen only on the basis that the principle of cross-community consent for such a restoration is in place. Members who pour out affection and commitment to the Belfast agreement cannot escape the fact that Unionism consent for power sharing does not currently exist, and that is the test for any deal that may or may not emerge over the coming days.
My colleagues who were elected as MLAs in May stood on that platform and received a mandate for their stance, and we will not betray that trust—there will be no fudge. My party has set out its tests on which any agreement will be judged. The Government know those tests well, and it is this party and the Unionist community from which we hold a mandate that will assess any agreement against those tests. This place is known throughout the world as a beacon of democracy—as a nation, we stand with those whose democracy, even today, is undermined by threats from tyrants or dictators—but we the people of Northern Ireland, because of the Northern Ireland protocol, face the erosion of democracy at the behest of the EU.
It is pertinent to make the point that:
“My visceral objection is to unaccountable power…we ought not to live our lives under unaccountable power. Power has no legitimacy other than that given to it by the people by voting.”
Those are not my words or those of my right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson), but those of the Minister of State, Northern Ireland Office, the hon. Member for Wycombe (Mr Baker) when explaining his opposition to the EU. The democratic deficit foisted on Northern Ireland by the protocol comes through a power that is “unaccountable” to the people of Northern Ireland and that has “no legitimacy” in the terms described by the Minister, because not one person in Northern Ireland, to whom the rules would pertain, has voted for them.
I trust that that interview by Church Times reflects the Minister’s principles about an acceptable outcome to the negotiations and that he has not had a road to Damascus conversion from defender of democracy to someone who bows down to unaccountable EU power in the corner of the UK that I am honoured to call home. That point must be addressed, as must the totally unacceptable economic impact of the protocol.
Paul Girvan (South Antrim) (DUP)
On the Damascus road experience, a number of people, parties and organisations in Northern Ireland seem to have been enlightened that the protocol, as it was presented, is definitely not working. Those are the same people who wanted it to be fully and rigorously implemented, but they have now had that Damascus road experience and say it needs major rework.
Carla Lockhart
I fully agree with my hon. Friend.
The protocol costs a significant amount annually. Some £350 million a year is spent on the trader support service, which is £18,000 an hour—let us think how that could be utilised to make things better in Northern Ireland. The protocol is damaging a wide range of small family businesses and larger industries in my constituency. My hon. Friend the Member for North Antrim (Ian Paisley) eloquently highlighted the issue around organic eggs. Such issues have a daily impact on our business.
Again, there is an issue around seed potatoes that Wilson’s Country in my constituency has been at the fore of fighting, because it cannot bring seed potatoes from Scotland. That would be unacceptable anywhere else in the UK, so the Government should not accept it for the people of Northern Ireland. It beggars belief that the Government have stood by while trade has reorientated from within the UK. It serves no benefit to the UK; that diversion of trade must be addressed fully in any new agreement.
The Government know well what must be done, and they know the prize. The NIO prioritised a whopping £600,000 of taxpayers’ money to celebrate the 25th anniversary of the Belfast agreement, yet the longer it takes to reach an agreement on the protocol that respects the fundamentals of the Belfast agreement, the more air is escaping from the party balloons. Although the Bill extends the period in which an Executive must be formed following an election by 52 weeks, my hope is that this new deadline is never met, and that we have our Executive back sooner rather than later. To do so, however, the EU will have to stretch itself. If it does, it will unlock the prize of devolution; if it does not, it will be responsible for the demise of our political process and the Belfast agreement. Time will tell.
Hilary Benn (Leeds Central) (Lab)
First, I join other hon. Members in congratulating Dáithí on the law that will forever bear his name. It has been a remarkable campaign for an extremely good cause. Secondly, I say to the Secretary of State that I support the Bill, because it is a sensible response to a problem that has gone on for far too long. It is never desirable to postpone elections, but in this case I think it is necessary.
As the debate has unfolded, we have been reminded that if it were not for the row over the protocol, we would not be sitting here debating the Bill. The Bill is a symptom of the mess that we have got ourselves into—one in which rather too many people have said, “We are not moving.” We will solve this issue only if those people are prepared to move in the interests of finding a way forward.
We all know that leaving the European Union was always going to create a problem for the border between Northern Ireland and the Republic, and just about everyone I have ever spoken to has agreed that that could not be dealt with on the border—there could be no checks, infrastructure or anything else. Something therefore had to be done to address that, while recognising that the European Union needs to be able to ensure that goods coming into its jurisdiction meet its rules. That is perfectly reasonable and we would expect no less for the United Kingdom.
In fairness to the Government, they acknowledged that from the start, rather than saying, “Well, it’s the EU’s problem, not ours, and there’s nothing that we need to do.” As a result, they came up with the Northern Ireland protocol, as we must remember. I do not want to dwell on the ebbs and flows of the rather sorry tale of what has transpired since, which I do not think reflects particularly well on the Government or, in the interest of balance, on the EU Commission.
At the beginning, the EU Commission appeared to advance the argument that what happened in the Irish sea should be treated like any other third-country border of the European Union—that was where it started from. In other words, every single thing would have to be checked, and nothing that did not conform to the rules of the single market would be allowed to make it across the Irish sea into Northern Ireland.
Very early on, the EU came to realise that that was not going to work. The best example of that is medicines, where under full application of the rules, the EU would have said, “Unless your medicines for NHS patients in Northern Ireland have been approved by the European Medicines Agency, they are not getting on the ferry, or on the plane.” It did not take very long for the Commission to work out that that would be an absurd position to adopt, and as a result, it changed EU law. That solved the problem, but it also established a really important principle: the EU can be flexible where it wants to be flexible. That should give us all encouragement in trying to sort this out.
Debbie Abrahams (Oldham East and Saddleworth) (Lab)
Is my right hon. Friend aware that a review into the medicine Roaccutane, which is under an EU licence, has not been published because of issues with the Northern Ireland protocol? Since then, there have been 81 adverse health effects, including one suicide. It has been specifically said that that delay is due to the Northern Ireland protocol and the issues with the licensing arrangements. Roaccutane is licensed across the EU, and unfortunately the publication of the report has been held up, with 81 adverse health events as a result.
Hilary Benn
I am sorry to hear what my hon. Friend says. That is news to me—I do not know anything about it. No doubt, those with responsibility for trying to find a solution will have heard what my hon. Friend has said, and will see what more can be done to address the issue.
At the heart of the argument has been this really quite simple, but very complex, question: “How do you identify a good that is moving into Northern Ireland and is going to stay in Northern Ireland, and how do you identify a good that is moving into Northern Ireland on its way to the Republic?” That is why the concept of goods at risk was at the heart of the Northern Ireland protocol, but it was never defined in its application. The negotiation since, between the Government and the Commission, has all been about what that concept means in practice.
Eventually, the EU and the UK both developed their proposals—again, with slightly different names—for what we now refer to as red and green lanes. When I saw that the Commission had proposed that and the Government had also proposed it, it did not seem to me that there was a huge amount of difference between the two concepts, and to judge by the reporting—we are all slightly in the dark, because we have not seen any text—some agreement may well have been reached, which would allow goods that are coming into Northern Ireland and staying there to not be checked on a routine basis. I hope very much that that is an accurate reflection of what has been happening, because it provides the basis for a settlement.
Why does this matter so much? First of all, let us be frank: our relations with the European Union have been in a pretty bad place for far too long, and as the economic consequences of leaving the European Union are becoming more and more evident, that ruptured relationship stands in the way of trying to address some of the problems that arise from our exit from the European Union. To respond to the hon. Member for Upper Bann (Carla Lockhart)—it is a pleasure to follow her, because she set out her views very clearly indeed—many small businesses in Great Britain will describe the problems that they now face, and many have given up exporting to the European Union because we have left the European Union. It is not just small businesses in Northern Ireland that are facing problems. We cannot address those problems until the Northern Ireland protocol is solved. That is why sorting this out is so urgent.
As was said by the hon. Member for North Down (Stephen Farry), we want Northern Ireland to take advantage of the fantastic opportunity it has: my constituents do not have access to the single market, but his constituents do. The right hon. Member for East Antrim (Sammy Wilson) raised a point about the democratic deficit, which I will come to, because he raises a very fair issue. The difference is that in Britain, we are largely subject to exactly the same laws because of EU retained law, but we in GB do not have the opportunity to export to the single market. Northern Ireland is subject to exactly the same laws, but does have that opportunity, which puts Northern Ireland businesses in a very advantageous position compared with businesses in my constituency. That is why, on my last visit to Northern Ireland, the businesses I spoke to said that they were really quite keen on that benefit that the protocol gives them. We need to get this solved.
Secondly, the fact that the Executive and the Assembly are not working is something that we should all be worried about. The EU now better understands the consequences of that than it perhaps realised at the beginning. We need both to be restored as quickly as possible.
My third point is a plea against absolutism in addressing this problem, and I cite the role of the European Court of Justice as an example of that potential risk. Of course, if there is any argument about what EU single market law means, the only body to which any person can reasonably go to try to find the answer is the Court of Justice of the European Union, because they are the EU’s rules, not ours. However, that is not the same as saying that any such ruling will absolutely determine the outcome of a disagreement or dispute about the implementation of the protocol within the wider dispute resolution mechanism. The example of medicines, which I gave earlier, is a really good illustration of that: a full application of EU law would have prevented medicines turning up in Northern Ireland, but in the end, a way forward was found. The willingness of the EU to delay the application of the rules to veterinary medicines, which I very much welcome, is another example of the flexibility that the EU has come to recognise it needs to apply.
To address the point that the right hon. Member for East Antrim made, I hope that consulting the Northern Ireland Executive and Assembly on new single market rules and how they might apply in Northern Ireland will be another part of an agreement, if one can be reached.
Simon Hoare
Given the examples of flexibility, change and evolution that the right hon. Gentleman has highlighted, does he agree with me, and with a growing body of opinion, that the legal justification—forget anything else—for the Northern Ireland Protocol Bill has completely disappeared? Renegotiation is going on, and flexibility is being demonstrated. If the threshold for article 16 to be triggered has not been reached, it would be a complete and utter waste of time to introduce legislation in this place that is not required
Hilary Benn
I agree completely with the Chair of the Select Committee—I did not agree with the justification in the first place, but he makes an extremely powerful point, which I will return to briefly towards the end of my remarks. Indeed, I have asked Ministers why, if they have a problem with the protocol, they are not using the mechanism for dealing with disputes that they have negotiated—namely, article 16—as opposed to introducing the Bill. But, for reasons that still escape me, the Government decided that they were not going to go down that particular route.
The reason I raise the European Court of Justice as an example is that, if there is anyone who says, “Unless the ECJ is completely written out of any agreement, we cannot back a deal”, I fundamentally disagree with them. There are some voices in parts of the House and the wider community who appear to take that position, but the Government must disagree with that position too, because of the obligation we have—which the Government have always accepted—to ensure that the integrity of the single market in the Republic and beyond is respected, without unreasonably affecting the flow of goods between Northern Ireland and GB.
Finally, if an agreement is reached—and I very much hope that it is—two things will have to happen that, apart from anything else, will render this Bill’s provisions no longer necessary. First, the EU will have to drop the infraction proceedings it is currently taking against the United Kingdom for unlawfully, as the EU sees it, prolonging the grace periods; and secondly, the Government will have to drop the Northern Ireland Protocol Bill, referring to the point just made by the Chair of the Northern Ireland Affairs Committee. Again, we read that there are voices even within Government who say that the Government should not drop it, but I cannot conceive of any circumstances in which a deal will be done in which the Government say, “Great, let’s sign. By the way, we are just hanging on to that Bill that we put into Parliament, in case we don’t like what happens subsequently.”
The reason that will never work comes to the question of trust. The Secretary of State will understand there has been a terrible breakdown of trust between the UK and the EU over this matter. I have spoken to lots of people, and it is the thing that is mentioned more than anything else. The Government negotiated the protocol, signed it and urged Parliament to vote for it. They said they would honour it, and then they did not do so. I absolutely understand the problems with the implementation of the protocol. Reference was made earlier to people changing their understanding on the road to Damascus, and I think that is true. I have certainly got a better understanding of what the problems are since this process began, and I think the EU Commission certainly has, and we should welcome that process, because it is the route by which we will be able to find a solution.
In international relations, and in particular in our fraught relations with the European Union, if we restore trust, it means we can look them in the eye and say, “If we sign, we will honour it as the United Kingdom, and we expect you to keep your side of the bargain as well.”
Simon Hoare
The right hon. Gentleman is being generous with his time, but he might be using the wrong tense. I always hesitate to disagree with him, but I think trust has been restored. Mutual respect and a much better relationship between Westminster and Dublin has led to a much better relationship between Westminster and Brussels. I do not think any of the conversations would have been taking place until my right hon. Friend became Prime Minister. The trust has already been restored. I think the right hon. Gentleman is better to use the past tense, because trust is there and clear.
Hilary Benn
I was using the word in relation to any notion the Northern Ireland Protocol Bill would be continued. I accept absolutely the characterisation that the hon. Gentleman has put on what has been happening recently, which I find encouraging.
The final thing I wanted to say—were it not for that change of personnel and approach, I do not think we would be, hopefully, fingers crossed, at the point of reaching an agreement—is to wish the negotiators well. I really do wish them well. They need the time to sort it out. The deal cannot come soon enough, not least because then we can turn our attention to other pressing matters to do with our relationship with the European Union that need urgently to be addressed.
Jim Shannon (Strangford) (DUP)
It is always a pleasure to make a contribution on anything that refers to Northern Ireland, but particularly today on the Northern Ireland (Executive Formation) Bill. I wish to make some comments that I hope will be constructive and helpful.
Here we go again. We have heard this so much, and I am sure most of my hon. Friends in this House and those outside will be able to join in over the course of my contribution. While I may seek to change the style of address and even the words used, the substance is the same, and that is because it must be the same, because the facts have not changed. The DUP cannot and will not nominate to the Assembly until the seven conditions of the pledge that our leader, my right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson) has made are met. With that being the case, this Bill is a necessity.
The tone today of everyone in the Chamber has been constructive and helpful. I believe we are looking, hopefully with confidence and optimism, to the future as we try to bring things together. What a pleasure it is to follow the right hon. Member for Leeds Central (Hilary Benn). I am not giving him a big head, but he does make a significant contribution and brings wisdom to these debates, and I put that on record and thank him for that. As we move forward, his understanding of where we are is something I have taken note of in the short time I have been in the House. He has been in the House longer than me.
I refer first to the protocol and the democratic deficit. Others have mentioned that, and I want to speak to it as well. For us, the protocol violates the Belfast/Good Friday treaty commitment protection to uphold the rights of the people of Northern Ireland to pursue
“democratically national and political aspirations”,
as the state parties committed themselves to from 1998. At that time, I was a Member of the Northern Ireland Assembly. I supported that process, as did all my colleagues who were Members of the Assembly at that time. It was a stage of life where we may have been a bit hesitant in moving forward, but we realised that to have a working Northern Ireland Assembly, we had to have contributions from both sides of the Chamber—nationalists and Unionists—to move forward. The process put forward was one that certainly many of us bought into.
The people of Northern Ireland were able to pursue democratically national and political aspirations with respect to all the laws to which they were subject. The protocol strips the people of Northern Ireland of that right in relation not to 300 laws, but 300 areas of lawmaking to which they are subject. It constitutes an attack on other legal protections, such as article 25 of the international covenant on civil and political rights. There is huge interest in the Belfast/Good Friday agreement as one of the most famous treaties in the world ahead of the 25th anniversary celebrations, which afford special leverage.
I put on record my concerns in relation to the seven conditions. My hon. Friend the Member for North Antrim (Ian Paisley) is not here at the moment, but in meetings that he and I have had in the past, I have always underlined the importance of us in this House, not Brussels, having the final decision on anything referred to the European Court of Justice. That is one of the things I would have loved to have seen, and that is one of our seven conditions—our line in the sand—for where we are as a party.
The Belfast/Good Friday agreement protects rights and safeguards equality of opportunities and human rights in particular. It has commitments to mutual respect, civil rights and religious liberties for everyone in the community. I adhere to that in everything I do in this House, and Members will know that I speak highly and rightly in terms of human rights issues. I am my party’s human rights spokesperson. I speak on freedom of religion or belief on behalf of those across the world. Just last weekend I was in Pakistan, where we were upholding the rights of people to have religious liberty and be able to worship their God as they so wished to do. The Chair of the Northern Ireland Affairs Committee referred to prayer, which I believe in fervently. We must pray fervently, earnestly and unceasingly, because prayer does make a difference. With prayer we can move mountains, and I think we need prayer in this process. The Belfast/Good Friday agreement affirms:
“the right of free political thought; the right to freedom and expression of religion; the right to pursue democratically national and political aspirations; the right to seek constitutional change by peaceful and legitimate means”.
Those are the things I wish to see in the early stages.
We have been concerned in my constituency of Strangford. We did vote to leave in the referendum, by the way, and many businesses are impacted by the movement of goods and the extra tariffs. It has affected the contact between companies that have done business for 30, 40 or 50 years. We have the impact on nurseries, the purchase of steel, car dealers, farmers and pet travel. All these things are critical factors for people as a result of what the EU has done up until now. I know that the right hon. Member for Leeds Central referred to the fact that some changes have been made, but the changes need to be more significant. We welcome the move away from intransigence and obstacles, but unfortunately many of those remain in place.
These conditions are not frivolous. We are notbeing, to use a word that I use all the time, thran, as my mother would say. The spokesperson for the Scottish National party, the hon. Member for Gordon (Richard Thomson), will know all about thran. The words I use are words that he can recognise and relate to. We do not seek to garner public support; we seek to represent the public who have felt this annexation by stealth. We seek to speak for the people who are taxed without democratic representation, and we seek to speak for the small businessman who has received HMRC correspondence asking him or her to pay duty on products being shipped from Scotland to Northern Ireland, when they have already paid duty on it and they are asked to pay it again. There are double costs for Northern Ireland businesses as against the rest of the United Kingdom.
The former Prime Minister Margaret Thatcher had a saying that I have often kept in my mind, which is that Northern Ireland is as British as Finchley. Well, no, it is not, but it needs to be. I know that the Secretary of State will relate to that, and others in the House as will understand the point I am making. I want to be the same as everybody else, and my people—the constituents I have the pleasure and the privilege to represent—also want that.
We seek to outline the need for constitutional changes to be voted on and dealt with through an appropriate mechanism, not as a weapon to beat the British Government with. It is not about that. For us to do this, we need a Government who take us seriously, and that was not done. The shadow Secretary of State, the hon. Member for Hove (Peter Kyle), referred to this in his contribution—and I took note of it, by the way. He is an honourable man, and I know that he seeks to find a way forward that we can all agree on. That has left us with no option but to abstain, which is a tactic well used by others before to little comment or media attention.
So I am delighted to hear that Europe is again prepared to negotiate. I will of course be more delighted when supplied with the actual detail and can go over it to ensure that it is a deal that not only works for Europe and the remainer section, but is workable for Unionists. I think Tony Blair said that Bertie Ahern had said that in any way forward there has to be buy-in from Unionists. To anybody who thinks there cannot be, I say, “Honestly, guys, you’ve got to wake up and realise it can’t happen.” In the discussions—the friendly discussions—that I have had with the shadow Secretary of State, we have very clearly said that there must be buy-in from Unionists, and that is something we must see in place.
We have all seen the co-ordination of the media pointing the finger at the DUP for standing in the way of decision making. I have been very clear in this House that the Government have taken several decisions in this House already, including a very costly Irish language and identity Bill along with the even more costly—in terms of life—abortion legislation. Both of these and others were done from this place over the head of the institutions. When I heard the Secretary of State say last night that he had tabled an amendment to bring in Dáithí’s law, I was pleased—I put that on record, and I thank the Secretary of State for that—to see that matters of life and death did actually concern the Government when it came to Northern Ireland and that saving life could be as important as the ability to indiscriminately take one in one of the most liberal abortion regimes in Europe.
I want to mention Dáithí’s law. Others have done so, but I want to put on record that I am greatly moved and impressed by that young six-year-old, and impressed by his parents and his family, as well as by the honourable gentleman in the Gallery, Fearghal McKinney. He has been a friend for a long time, and we appreciate his work and efforts behind the scenes.
I want to tell a quick story about my nephew, and this is why I really support the opt-out system. I have always supported it: I have supported it in this Chamber for many years and I supported it before I came to this Chamber. I have a nephew called Peter, who was born with a kidney the size of a peanut. Members may say, “My goodness, how can you survive?” Well, the fact is that he did survive, but he survived because he had treatment from the day he was born right through until he had a transplant at the age of 16. I can remember that, as he grew up, he was the colour of a bowl of custard—as yellow as can be—because his system was not working.
I remember when Peter played with my boys, and my boys are very boisterous. They are young men now, of course, but they were very boisterous—I think boys always are boisterous, and probably wee girls are as well, but I would not know because I never had a wee girl, so I cannot say in all honesty, but others have, and they will understand what I mean. However, Peter was never able to run and play as my boys did. So for me and for his family—his mum and dad, and his brother and sister—when he got the transplant, it was really important. That is why this opt-out organ donation law is so important.
Peter waited for years upon years to get that transplant, but he got it, and today he is as fit as a fiddle. I remember that at the beginning when he had his transplant he took his first job, which was delivering newspapers. It was something he never thought he could do. It is a small thing—Members may say, “Look, Jim, that’s not very much”—but it was a whole lot for him, because he was never able to do any of those things. So when it comes to Dáithí’s law, I can tell Members that my family are incredibly pleased to see this coming in, because we understand this from Dáithí himself and the family, as well as from those who have worked hard, with all the party political contributions, such as those from my hon. Friend the Member for Upper Bann (Carla Lockhart) and the hon. Member for Belfast South (Claire Hanna), who referred to Jo-Anne Dobson as well. I remember her very well, and what she did for her son and how that gave him life. Those are the things that are incredibly important.
As colleagues have pointed out, the Secretary of State did not need to table new clause 2, because he could merely have accepted new clause 1, tabled by my right hon. Friend the Member for Lagan Valley and supported by the hon. Members for Belfast South, for Foyle (Colum Eastwood) and for North Down (Stephen Farry), as well as by me and other party colleagues. This circumvention of our amendment is notable in itself, and it begs the question of why it is necessary when the Northern Ireland MPs across the parties that take their seats here had already submitted an amendment. None the less, we are very pleased to see it coming forward. Little wonder that, yet again, my constituents in Strangford and people across all of Northern Ireland are highlighting to me the fact that absenteeism by certain nationalists seems to get better representation from the Government here than those who take their seat and carry out voting. It is strange that it does not seem to work with negotiation in Europe for Unionist concerns; we await to be advised otherwise.
I support this Bill and the new clause that the Secretary of State will bring forward, which is necessary. This is something I have supported since my own nephew was blessed enough to be an organ recipient, and he is a fit and healthy young man. Mark has his own house and his job, and he works away. I have often said that those who do not want to donate should have a simple ability to opt out, and that is included. I therefore have no qualms whatsoever in supporting this Bill.
Geoffrey Robinson, who used to be a Member of this House—he sat on that Opposition Bench, if I recall rightly—brought forward the organ donation opt-out, supported by the hon. Member for Barnsley Central (Dan Jarvis), and I was one of the co-sponsors. I was very glad to play a small part on an organ donation Bill in this House to change the law in England and Wales, and ultimately we can see that coming our way in Northern Ireland.
I conclude with this. There is also a clear need to allow time before an election, and we in the DUP are ready for that election. We stand strong on representation for the Unionist people with a very strong mandate. It is a mandate on which we intend to stand firm—the rock we have taken from our people, our constituents and our supporters—which is to allow for the Northern Ireland Protocol Bill to come through and take effect. That will allow for a real and proper negotiation to take place with Europe to allow the DUP—my party, my colleagues and our supporters across all of Northern Ireland, but especially in Strangford—to get back in to do what we want to do, which is to take Northern Ireland forward as an integrated part of this wonderful United Kingdom of Great Britain and Northern Ireland. As I often say, we are always stronger together and we are always better together. As long as Europe is honestly prepared for and agreeable to find an agreement, I hope and pray that those things can come our way and we can have the peace, stability and the political institutions in Northern Ireland once again.
Tonia Antoniazzi (Gower) (Lab)
I would like to take this opportunity to join everyone in the House who has paid tribute today to Dáithí, his tremendous family and friends, and the British Heart Foundation. Thank you for everything—your fight has touched us all—and it genuinely means so much that the Government and everybody has supported the change in the law today.
As the shadow Secretary of State has said, we support this Bill and recognise that, while it is in the best interests of the people of Northern Ireland to have a functioning Executive in place as soon as possible, the political realities are that an election called now would not support the restoration of the Executive. As colleagues have already said, that means the Government have to present a clear plan for how they will use that extra time, and what actions they will take to restore the Executive. This is a political problem and it requires a political solution. The Government have a political responsibility to the people of Northern Ireland, to ensure that the lack of an Executive does not have a disproportionately negative impact on their day-to-day lives.
The work that civil servants are doing in Northern Ireland to keep the mechanics of the state functioning is commendable, and I record my thanks, and that of the Labour party, for all that they are doing in incredibly difficult times. They are rightly unable to make the decisions that elected politicians should be making. Will the Secretary of State commit to his Government supporting the civil service? Will he give a voice to their concerns and the concerns of the Northern Irish people, by committing to meet public sector trade unions in Northern Ireland who are engaged in industrial action, and work with them to agree a fair deal for workers, letting them return to work?
Pay negotiations are far from the only area where the lack of a devolved Administration is having a huge impact on people’s lives. I have spoken before in the House about the issues facing the Northern Irish NHS, with record waiting times and a lack of specialist gynaecological services leaving women suffering with daily pain for treatable conditions. That crisis is exemplified by the ongoing problems at Enniskillen Hospital, where challenges in recruitment have seen emergency surgery suspended. Patients are rightly concerned about the impact of reduced services, and issues of safety.
But the issues are not limited to the health service. The right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) rightly highlighted how Northern Ireland produce feeds people across the United Kingdom and the island of Ireland. I met representatives from the Ulster Farmers Union on my last visit to Northern Ireland, and we all know how much of an impact the ongoing saga of the protocol is having on their decision making. I join my right hon. Friend the Member for Leeds Central (Hilary Benn) in wishing the negotiators well with the protocol.
Yesterday I had the pleasure of meeting representatives from the Northern Ireland Women’s Budget Group, who work for a gender-equal economy, to discuss their work on the disproportionate impact that the cost of living crisis is having on women in Northern Ireland, and the report that they published on women living with debt. Personal debt in Northern Ireland, excluding mortgages, is higher than in any other part of the United Kingdom. Debt is far from gender neutral, with women more likely to claim social security benefits, to be in low-paid, part-time and insecure work, and to be providing care for children and family members. They are also more likely to be making up for cuts to public services with unpaid work.
It was particularly startling that there currently are resources that have been earmarked to support the women identified by that group—resources that could support the most vulnerable in society and stop people slipping into the spiral of debt and borrowing in which far too many find themselves. Resources such as that discretionary support are underspent and underutilised, because there is no Executive to make the decisions needed to ensure that that money reaches the most vulnerable. I could spend hours listing those things and other issues, and hours more talking about the impact of such matters on people’s day-to-day lives, and I urge the Secretary of State to do what he can to ensure that we do not see another year where “business as usual” creates damage that will take years to undo. I hope he will meet and listen to concerned voices in Northern Ireland.
One point that really touched me concerned some of the language used across the House today, and I want to pick up on some of those words. During the debate the Chair of the Northern Ireland Affairs Committee, the hon. Member for North Dorset (Simon Hoare), spoke of a spirit of “hope and optimism”, and highlighted the responsibilities of us in this place as public servants. The right hon. Member for Lagan Valley spoke of the “delicate” balances at the heart of the Good Friday agreement. The priority now is to reach an agreement on the protocol, and the Bill rightly allows the Secretary of State to focus on that and not on mechanisms around elections. The Government simply cannot waste time as they have in the past, with the protocol being little more than a prop in the ongoing psychodrama in the Conservative party. Now is the time for action, not posturing. The Prime Minister must end these delays and bring his deal to this House.
Chris Heaton-Harris
With the leave of the House, I would like to reply to the debate. Let me extend my thanks to all those who have contributed. I will answer as many of the points raised as I can. I am always struck by the deep sense of regard and affection for Northern Ireland displayed by right hon. and hon. Members when we have debates on subjects to do with Northern Ireland, and today was no exception. The shadow Secretary of State asked me some sensible questions—
Chris Heaton-Harris
Yes, actually, as always, which is nice for me. We remain committed to all parts of the Belfast/Good Friday agreement, as he would expect. He surprised me: I did not know the stats on the percentage of Bills going through the House that are Northern Ireland related, and he is correct—the number is way too large, and it should not be that way. The Northern Ireland Protocol Bill is proceeding, but the Government would very much prefer to get a negotiated settlement that works for all. Really that should not need saying, but I will say it once again. The former Government Chief Whip in me tells me that the House will always find a way to have its say on anything that the Government or the Executive do, and I am absolutely sure that that will be the case here.
Debbie Abrahams
The Secretary of State will have heard my intervention on my right hon. Friend the Member for Leeds Central (Hilary Benn). Can he reassure the House on the issue that I raised about the review of the medicine Roaccutane, which was completed in 2021 but has not been published because of the Northern Ireland protocol, according to the Medicines and Healthcare products Regulatory Agency? Will that be included in any new protocol?
Chris Heaton-Harris
I admit that I was unaware of that case, but I like to think that we would address all the significant issues that occur around medicines in general. I am afraid that the hon. Lady will have to wait, as will everyone else, for the conclusion of the ongoing talks and negotiations.
My right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson) made a number of points with which I concur, and I look forward to our continued conversations. He spoke of a “Taste of Northern Ireland” event that he attended on Monday evening, which alas, because of other matters—he might guess what they were—I could not attend. I was provided, however, with some of the products that I could have tasted had I been able to attend. It must have been a very warm evening in the Jubilee Room, because most of the liquid in the bottle of Irish whiskey that I was sent seemed to have evaporated. I hope that I can have a taste of the wee dram that remains when I finish with dry February.
Sir Jeffrey M. Donaldson
I thank the Secretary of State for his reference to the Taste of Ulster event. The distillery that presented the whiskey is Hinch Distillery in my constituency, and the Secretary of State would be more than welcome to come with me on a visit. I am sure that we can replenish that which he has lost.
Chris Heaton-Harris
That is genuinely very kind of my right hon. Friend, and I add just a small sidebar to my officials: please clear the diary for 24 hours after that.
I always enjoy the contributions made by the right hon. Member for East Antrim (Sammy Wilson). I remember our weekly meetings when I was Government Chief Whip. He was Chief Whip of the DUP, and he would come in and tell me exactly what was going on. He will know that I completely understand his, and his party’s, position. In his usual timid, shy way, he reminded us of the importance of sorting out the issues with the protocol, and he is not wrong. I hope he will forgive me for gently pushing back on what he said about civil servants in the Northern Ireland Office. They are good—some of the best in Government—and if mistakes or decisions are made that he does not like, that is not down to them. Advisers advise; Ministers decide. Any mistakes are mine.
There were a whole host of other very good contributions, and a lot was said about a young man who is here with us, aged six, who I think will make some history today as we move forward with these proceedings.
Question put and agreed to.
Bill accordingly read a Second time.
Northern Ireland (Executive Formation) Bill
Wednesday 22nd February 2023
(1 year, 9 months ago)
Commons ChamberRead Full debate Northern Ireland (Executive Formation and Organ and Tissue Donation) Act 2023 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Committee of the whole House Amendments as at 22 February 2023 - (22 Feb 2023)
The Chairman of Ways and Means (Dame Rosie Winterton)
With this it will be convenient to consider the following:
Government amendments 3 to 5.
Amendment 1, in clause 2, page 2, line 17, after “Formation” insert
“and Organ and Tissue Donation (Deemed Consent)”.
This amendment is consequential on NC1.
Clause 2 stand part.
Government new clause 2—Organ and tissue donation in Northern Ireland: procedure for regulations defining permitted material.
New clause 1—Organ and Tissue Donation (Deemed Consent) Act (Northern Ireland) 2022: temporary provision—
‘(1) Section 52 (orders and regulations) of the Human Tissue Act 2004 is amended as follows.
(2) After subsection (4B), insert—
“(4BA) During the current post-election period, subsection (4B) applies as if for “the Northern Ireland Assembly” there were substituted “each House of Parliament.”
(4BB) In this section “the current post-election period” has the same meaning as in section 1 of the Northern Ireland (Executive Formation etc) Act 2022.”’
This new clause is intended to bring into operation during the current post-election period the Organ and Tissue Donation (Deemed Consent) Act (Northern Ireland) 2022, which received Royal Assent on 30 March 2022, by temporarily allowing Parliament (instead of the Assembly) to approve relevant regulations made by the Department of Health in Northern Ireland.
Government amendment 6.
Amendment 2, in the Title, line 5, at end insert
“; and to make provision in relation to the Organ and Tissue Donation (Deemed Consent) Act (Northern Ireland) 2022”.
This amendment is consequential on NC1.
The Secretary of State for Northern Ireland (Chris Heaton-Harris)
It is a pleasure to see you in the Chair today, Dame Rosie, and to move seamlessly to Committee of the whole House on this important Bill. I will speak to the two short clauses comprising the Bill, and to the Government amendments selected for debate following the motion of instruction that was agreed to a few moments ago. A number of amendments were tabled that were similar in intention to the Government amendments. Based on the conversations that we have had, I would like to think that they will not be pressed to a Division, because we will get the job done.
Clause 1 amends section 1 of the Northern Ireland (Executive Formation etc) Act 2022 and section 16A of the Northern Ireland Act 1998 to retrospectively extend the period for filling ministerial offices after the elections held on 5 May 2022 by a further 52 weeks, so that it applies from 19 January 2023 until 18 January 2024. That means that if the parties are unable to form an Executive on or before 18 January 2024, I would again fall under a duty to call for an Assembly election to take place within 12 weeks. The clause also provides the Secretary of State with a discretionary power to propose a date for a poll at any time within the extended period for Executive formation. Clause 2 is consequential and concerns the Bill’s extent, commencement and short title.
The Government amendments all relate to organ donation in Northern Ireland, were tabled ahead of Second Reading, and were selected for consideration by the Committee on foot of the Government’s motion of instruction a few moments ago. I will speak chiefly to Government new clause 2, as the remainder of the amendments are simply consequential. New clause 2 and its consequential amendments would insert a new clause to amend the procedure for making regulations under section 3(9)(a) of the Human Tissue Act 2004 while no Presiding Officer or deputy is in post. This change would mean that the relevant regulations would be subject only to the negative resolution procedure by the Northern Ireland Assembly.
In short, the clause and its consequential amendments would allow for the regulations needed to give effect to Dáithí’s law without need for the election of a Speaker. Obviously, I want an Assembly in place, which could have done this, but as hon. Members from across the House have said, this issue is so important that it warrants an exceptional intervention from the Government. I therefore hope and expect right hon. and hon. Members to support the five Government amendments, and to allow the Assembly to take Dáithí’s law across the line. I stress the word “exceptional” once again. It continues to be my sincere hope that we will see the return of the institution sooner rather than later.
My short remarks reflect the length of the Bill, but I hope that I have provided the Committee with sufficient detail on what the Government are seeking to do through it, and through the amendments that we have tabled. I look forward to hearing Members’ contributions, and will endeavour to respond to as many points as possible when I wind up—shortly, all being well.
Tonia Antoniazzi (Gower) (Lab)
It has been only a few minutes since I last spoke about the Bill, but I am sure that colleagues are delighted to hear from me again. Joking aside, the swift passage of this Bill is an essential step to getting a fully functioning Executive in Northern Ireland, which, as we have heard from colleagues from across the House, is desperately needed. In my role as shadow Minister, I am starting to feel a little as though it is groundhog day: I again find myself offering cautious support to a Bill from the Northern Ireland Office—a Bill that we are discussing only because of the failure to form an Executive in Stormont, and that should not need to come before this House at all. The people of Northern Ireland are contending with a vast democratic deficit that must be rectified. I sincerely hope that this Bill is the last of its kind that we discuss in this House.
The shadow Secretary of State, my hon. Friend the Member for Hove (Peter Kyle), has already offered our support for Dáithí’s law—a shining example of what can be achieved when devolution in Northern Ireland is working, and a reminder of what its dysfunction can delay. Dáithí’s law should have passed months ago at Stormont, but I am proud that we are making it a reality today. It is possible only because of the dedication of campaigners from across communities in Northern Ireland, who have shown how powerful their collective voices are. I again pay tribute to their unending energy and drive to ensure that this law becomes a reality.
Tradition says that a shadow Minister’s speech should end with a final line directed at their opposite number on the Government Benches, but mine will not do that today, because, frankly, I think the Minister has got the message. I thank Dáithí, who is an inspirational little boy. I am not sure he knows yet quite how much of a difference he and his family have made across Northern Ireland. Frankly, he has made history.
Simon Hoare (North Dorset) (Con)
I see our little hero has now moved to front and centre.
I could have made this point to my right hon. Friend the Secretary of State on Second Reading, but I want to carve it out so that it will be noted. I pay tribute to the British Heart Foundation, which has done so much work with the family to make the case. Passing this Bill is one thing, but raising public awareness is another. This change will require some form of public information campaign, and there needs to be an opportunity for family conversations so that people’s personal wishes are known. These circumstances often arise at a moment of trauma or accident, so they are a huge surprise and shock, and rational discussion is often, perfectly legitimately, very hard.
We all support this amendment, but a follow-up public information campaign is needed to ensure maximum understanding so that people take up the opportunity it provides.
Carla Lockhart (Upper Bann) (DUP)
Thank you, Dame Rosie, for the opportunity to speak on these amendments. I will keep my remarks brief and to the point.
I commend the Secretary of State for tabling these amendments. He noted on several occasions that they are exceptional but are the right thing to do. They will allow for the exceptional transformation of our organ donation laws in Northern Ireland. I commend the Speaker’s Office for its efforts to ensure that the passage of the amendments could happen in this form.
We often hear that this Parliament is sovereign. I am taking heart today from the fact that this is law that will help to protect and save lives, which is an encouraging move by this Government and this Parliament that sends out a strong message across the United Kingdom. The Secretary of State and I differed on the abortion laws that were tacked on to the Northern Ireland (Executive Formation etc) Act 2019, as those laws were very much not about protecting life. This law is about protecting life, which is wonderful.
Gavin Robinson (Belfast East) (DUP)
Anyone with experience of Northern Ireland issues will recognise what happens when they come to this Chamber. Joy is rarely associated with Northern Ireland issues when they come to the House of Commons, but Dáithí Mac Gabhann and his family have brought joy to this Chamber today. Nothing is broader than his smile from the Gallery, and it has warmed us all.
Much was said on Second Reading about the amendments, and about the politics of the amendments. I have no intention of delving into the politics but, when it was suggested that this could happen here, it was a strong aspiration but it was not guaranteed. Political parties are often accused of not working together, but my right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson) and the hon. Members for Foyle (Colum Eastwood) and for North Down (Stephen Farry) sat down together and drafted new clause 1. As local parties, they knew the goal. Just as the family never engaged in politics and never lost sight of the prize, local representatives tabled their own amendments.
When I engaged with the Secretary of State late last week on his aspiration not only to support an amendment but to table his own amendments to make it happen quicker, there was nothing we could say in response other than, “Thank you, and please proceed.” He has, and I am grateful to him for doing so. We entirely accept the exceptionalism he has injected into the debate. We know he will not do this on a regular basis, nor are we asking him to, but today, for this issue, for Dáithí and for the issue of organ donation, that has been incredibly important. So I thank the Secretary of State, my right hon. Friend the Member for Lagan Valley and the hon. Members for North Down and for Foyle. I also thank Fearghal McKinney and Denise McAnena from the British Heart Foundation. I do not think Denise has been motioned, but she does the hard work in Northern Ireland for the British Heart Foundation. Wherever she is listening, I congratulate her on her efforts. I am glad that, despite all the challenges, the Speaker’s Office and the Government have accepted that this measure is important and within scope, and that the amendments could proceed today.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clause 2
Extent, commencement and short title
Amendments made: 3, page 2, line 15, leave out “This Act extends” and insert
“Section 1 and this section extend”
This amendment is consequential on NC2.
Amendment 4, page 2, line 15, at end insert—
“(1A) Section (Organ and tissue donation in Northern Ireland: procedure for regulations defining permitted material) extends to Northern Ireland only.”
This amendment is consequential on NC2.
Amendment 5, page 2, line 17, after “Formation” insert
“and Organ and Tissue Donation”.—(Chris Heaton-Harris.)
This amendment is consequential on NC2.
Clause 2, as amended, ordered to stand part of the Bill.
New Clause 2
Organ and tissue donation in Northern Ireland: procedure for regulations defining permitted material
“(1) Section 52(4B) of the Human Tissue Act 2004 (draft affirmative procedure for regulations defining permitted material for the purposes of deemed consent to transplantation of human tissue in Northern Ireland) does not apply during the relevant period.
(2) Regulations made under section 3(9A) of that Act during the relevant period are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).
(3) In this section, the “relevant period” means the period—
(a) beginning when this Act is passed, and
(b) ending with the next day on which the Presiding Officer and deputies are in post having been elected under section 39(1) of the Northern Ireland Act 1998.”—(Chris Heaton-Harris.)
This new clause would amend the procedure for making regulations under subsection (9A) of section 3 of the Human Tissue Act 2004 while no Presiding Officer and deputies are in post so that they are subject only to negative resolution by the Northern Ireland Assembly.
Brought up, read the First and Second time, and added to the Bill.
Title
Amendment made: 6, line 5, at end insert
“and to amend the procedure for making regulations defining permitted material for transplantation in Northern Ireland under section 3 of the Human Tissue Act 2004 in the period until the Presiding Officer and deputies of the Assembly are elected.”.—(Chris Heaton-Harris.)
This amendment is consequential on NC2.
The Deputy Speaker resumed the Chair.
Bill, as amended, reported.
Third Reading
Chris Heaton-Harris
I beg to move, That the Bill be now read the Third time.
I thank my officials and others for their help with this legislation.
Question put and agreed to.
Bill accordingly read the Third time and passed.
Mr Deputy Speaker (Mr Nigel Evans)
Congratulations, everybody—particularly those in the Public Gallery.
Northern Ireland (Executive Formation and Organ and Tissue Donation) Bill
Monday 27th February 2023
(1 year, 8 months ago)
Lords ChamberRead Full debate Northern Ireland (Executive Formation and Organ and Tissue Donation) Act 2023 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Committee of the whole House Amendments as at 22 February 2023 - (22 Feb 2023)
Lord Caine
That the Bill be now read a second time.
Relevant document: 26th Report from the Delegated Powers Committee
The Parliamentary Under-Secretary of State, Northern Ireland Office (Lord Caine) (Con)
My Lords, before I turn to the main business, it is only right that I invite the House to join me in condemning unreservedly the despicable and cowardly attack on DCI John Caldwell on Wednesday evening. The terrorists who commit such evil acts are not wanted by society and they will never succeed in their objectives; democracy and consent will always prevail in Northern Ireland. The people of Omagh and Beragh spoke for us all over the weekend when they rallied together to say there can be no going back. Our thoughts and prayers are with DCI Caldwell, his family and his colleagues—some of whom I met at Omagh police station on Thursday morning—at this terrible time.
Over a year has passed since the then First Minister of Northern Ireland resigned his post. Twelve months and one Assembly election later, people in Northern Ireland still do not have a properly functioning Government, as set out in the Belfast agreement and subsequent agreements. In the absence of those institutions, this Government have stepped in to protect the interests of the people of Northern Ireland. We have set a Budget, delivered vital energy support funding of £600 per household and legislated to provide clarity on the decision-making powers of Northern Ireland civil servants to enable them to maintain public service provision.
On each of those occasions, I have stood at this Dispatch Box and expressed my deep disappointment that we still await the return of a functioning Assembly and Executive. I wish to restate that profound disappointment once again today. The restoration of the Executive, in line with the 1998 agreement and its successors, remains the Government’s top priority. It was on that basis that we legislated last autumn to extend the Executive formation period through the Northern Ireland (Executive Formation etc) Act 2022. Since that period ended in January 2023, the Secretary of State has once again been under a statutory duty to call an Assembly election, which would have to be held within 12 weeks—on or before 13 April this year.
We have spent some time since then engaging with Northern Ireland’s political and community leaders, assessing the options available to His Majesty’s Government, and it is the Government’s conclusion that a further Assembly election at this time would be unwelcome and expensive and, crucially, would bring us no closer to our objective of delivering fully functioning devolved institutions. On that note, I will briefly summarise the overall intention of the Bill. Before I do so, I again express my gratitude to the Benches opposite, including to the noble Lord, Lord Murphy of Torfaen, and the noble Baroness, Lady Suttie, for the cross-party approach that they continue to take in relation to the delivery of key legislation for Northern Ireland.
The Bill itself will provide for a retrospective extension of the Executive formation period of one year from 19 January 2023, meaning that, if the parties are unable to form an Executive on or before 18 January 2024, the Secretary of State will again fall under a duty to call an Assembly election to take place within 12 weeks. We believe, however, that flexibility is necessary if we are to play our part in encouraging and facilitating the return of the institutions. On that basis, the Bill will also provide the Secretary of State with the power to call an earlier election, providing that offices have not been filled.
Taken together, these provisions represent a delicate balance. Eventually, if the political impasse in Northern Ireland continues, people will rightly expect to return to the polls and have their say. The prospect, however, of forcing an election when that would be unwelcome or unhelpful would, in our view, run contrary to our broader goal of forming an Executive.
Noble Lords with a keen eye for detail will have noticed that, unless an earlier election is called, the extension provided by this Bill would run past the date on which the decision-making powers contained in the Northern Ireland (Executive Formation etc) Act 2022 will lapse: namely 5 June 2023. We are therefore keeping those arrangements under review, in the continued absence of devolved government, but we sincerely hope that an Executive will be in place before these arrangements expire.
In the meantime, the provisions of the 2022 Act and its accompanying guidance provide civil servants with the clarity that they need on how and when they should be taking decisions. The decisions that have been taken by civil servants using the 2022 Act are being published to ensure transparency. We are grateful for the work that Northern Ireland civil servants are doing in making use of those provisions. The current arrangements are not, however, and never can be, a substitute for a fully functioning devolved Government.
I will speak briefly to the amendments the Government brought forward in the other place that now form part of the Bill. I know that all of us in your Lordships’ House have been deeply moved by the courage shown by Dáithí Mac Gabhann and his whole family in fighting for the implementation of organ donation changes. The Secretary of State, my right honourable friend Chris Heaton-Harris MP, has met Dáithí and his family. He was incredibly moved by his story and by the family’s dedication to seeing important changes to the law implemented as quickly as possible.
As a Government we have recognised that this issue is exceptional, both in the sheer importance it holds and the cross-party support it commands both in Northern Ireland and in this House. Clause 2 will therefore change the procedure for making regulations defining permitted material for transplantation in Northern Ireland under Section 3 of the Human Tissue Act 2004, as amended by the Organ and Tissue Donation (Deemed Consent) Act (Northern Ireland) 2022. This would allow regulations to be made in the absence of devolved institutions regarding rules for organ donation.
Before I conclude, I will make a very short statement on legislative consent, which is required in relation to the section on organ and tissue donation. Clearly, we have been unable to secure an LCM, a legislative consent Motion, from the Northern Ireland Assembly, given that it is currently not sitting—indeed, if it was sitting, we would not have needed this Bill, but its continued absence, and that of the Executive, mean we have to take action here.
I have spoken this afternoon about dates and timelines in the light of the nature of this Bill. As I conclude, I also want to note one anniversary of which noble Lords across this House will be keenly aware: the upcoming 25th anniversary of the Belfast agreement. I see the noble Lord, Lord Murphy, opposite, who played such a key role in negotiating particularly strand 1 of that agreement. Noble Lords will no doubt join me in noting the progress that Northern Ireland has made since that historic agreement. This Government will always work to implement, maintain and protect the agreement. As I said in opening, the restoration of the Executive remains our top priority. The Bill will help assist those objectives by avoiding an unwelcome election and providing time for us to work together to end the current impasse. But of course the Bill alone will not be enough to achieve that. All of us now, including His Majesty’s Government, need to make the most of the opportunity presented by the Bill. In that spirit, I beg to move.
Baroness Ritchie of Downpatrick (Lab)
My Lords, I take this opportunity to thank the Minister for presenting the details of this important Bill—all three clauses of it. I offer my support, prayers and thoughts to detective chief inspector John Caldwell and his family. He was brutally attacked by gunshots on Wednesday evening in Beragh, in County Tyrone. I commend the people of Beragh, and Omagh, who have been tremendously steadfast in the face of such adversity.
I want to make it quite clear that murder, terrorism and paramilitarism was always wrong, and something that I and my colleagues have always condemned, believing that the political process is the only way forward. Dialogue is the only way forward. Violence, terrorism and paramilitarism solve absolutely nothing. In that respect, I was pleased to see the five political party leaders come forward with the chief constable on Friday to denounce what happened to John Caldwell and to offer support on behalf of the community in Northern Ireland—all of the community—to John and his family. It is vitally important, at this stage, that there is cross-party solidarity against such violence and terrorism. We never ever want to go back to that place. That is a message to those paramilitaries: please get off our backs and leave us to get on with our lives in Northern Ireland in peace and prosperity.
However, in considering the Bill, today is Groundhog Day in many ways, because as we debate this the Prime Minister and the EU president, Ursula von der Leyen, are outlining—they may have already done so—the details of the agreement on the protocol, which I understand has got a new name: the Windsor framework. It sounds like the title of a play down at the West End, but it is much more serious than that. It is about the future economic, social and political prosperity of the people of Northern Ireland.
If anything could be said about last week, it is this: it is important that paramilitarism is not allowed to take over or undermine any political process. It is in that vein that I come to the debate today. It is vitally important that there is a restoration of political institutions to give the political and economic stability that is urgently required in Northern Ireland, and it is important that people feel they can subscribe to that. I hope that the new protocol, or framework, provides the necessary mechanisms to enable us to avail ourselves of tariff-free access to both markets, to allow our economy to grow, to enable political stability and to restore those most-needed institutions of the Good Friday agreement, as we approach the 25th anniversary on 10 April.
The Bill is an interim measure to enable negotiations, which have now been completed, between the UK and the EU. I hope that the political parties will allow this document—we have all to see the legal text—to be investigated in depth, but I also hope that we can get on with our lives, economically, politically and socially. I hope that the Bill will become redundant in time and that the institutions will be up and running, but that is very much in the hands of others—I look forward to a positive response from the DUP and other unionists in relation to that. I come from the position that political principles should never prevent the successful operation and functioning of our political institutions. We must remember—I speak as a former MLA and Minister in the Northern Ireland Executive—that the Executive and Assembly have operated for only 40% of the time over the last 25 years. We must get away from that stop-start situation and vetoes and move on to working in the best interests of the people.
I welcome Clause 2, which will ensure that Dáithí’s law becomes a reality. I was very much taken by young Dáithí Mac Gabhann, who requires a new heart. The campaign is spearheaded by his father, Máirtín, his mother, Seph, and Fearghal McKinney of the British Heart Foundation. It lit the hearts and minds of the people of Northern Ireland and the political fraternity. It is interesting that five parties supported this, which is another example of political resilience, political coming together and resolute action on behalf of the political parties. That is the type of determination that we now need to see.
Notwithstanding that, it is important that Chris Heaton-Harris, as Secretary of State, did this. Currently, 146 people are on the waiting list for a heart transplant. Without the enactment of the Bill, particularly Clause 2, this could not have happened. On average, around 10 people per year die for the lack of access to that soft opt-out option for organ donation. So congratulations must go to Dáithí’s family—his father, Máirtín, and his mother, Seph—working with Fearghal McKinney, on their resilience and dogged persistence in spearheading and leading this campaign.
It is also interesting to note the affirmation of the organ donation legislative measures from the Delegated Powers and Regulatory Reform Committee:
“We consider that ordinarily it would be inappropriate for the regulation making power conferred by section 3(9A) of the 2004 Act to be made subject to any procedure other than the affirmative resolution procedure. However, we take the view that the exceptional circumstances applying in Northern Ireland make the application of the negative resolution procedure not inappropriate during the period when there is no Assembly to carry out the approval function under the affirmative procedure.”
That is an affirmation, from that important legislative committee here in your Lordships’ House, of the importance of going ahead with this from the point of view of the Government and both Houses of Parliament.
Nevertheless, this issue should have been dealt with by a fully functional Northern Ireland Assembly and Executive, because that is what devolution is about and what the 90 MLAs were elected last May to do—not solely constituency work. Yes, there are two prongs to their responsibilities, constituency and legislative work, and it is time those institutions were up and running. Political principles should not be used to prevent progress within our institutions, and I hope that the concerted joint political action we have seen over the last few days, of politicians working together, will be the hallmark and benchmark of the future weeks and months.
The Bill also highlights the need for us now to move forward. We have now had an outcome to the UK-EU negotiations and the protocol—or the framework—and it is necessary and required that parties reflect on that. But there needs to be resolute action that results now in the restoration of political institutions. As I said on 5 December during the discussion on the last piece of legislation which dealt with the extension to 19 January, there should be inter-party talks in parallel looking at the future appointment of joint Ministers to underscore equality, an end to the vetoes which have prevented the political institutions working properly, and the need to put inclusion, reconciliation and equality—the central principles of the Good Friday agreement—back in government. There should be inter-party talks, with both Governments looking at the outstanding issues of the NDNA and putting a plan in place to implement them.
In conclusion, I support the legislation, but concerted resolve is required by both Governments and the five parties to ensure the restoration of political institutions and not to allow the actions of armed people to take over.
Lord Alderdice (LD)
My Lords, I too thank the Minister for clearly presenting the elements of the Bill. I identify with the sentiments of sympathy and concern expressed for DCI John Caldwell and his family. I also identify with the comments made by the noble Baroness, Lady Ritchie of Downpatrick, who pointed out the need to consider not only those who do violence, as was apparently done by people from the so-called “new IRA” in the attempted murder of DCI John Caldwell, but those who threaten violence if they do not get their own way, in particular at the moment on the loyalist side. It is very important for us all in this House and the other place—indeed, all political representatives—to make it very clear, as the community is doing, that neither doing violence nor threatening to do violence is acceptable any more, if it ever was.
That is the sad side, the worrying side, the downside, of today. But, of course, there is a very positive element to this Bill. I want to take the second part of the Bill first, if I may, the so-called Dáithí’s law element. Some of us spend much of a lifetime trying to get a little piece of legislation passed. Young Dáithí, at a very early age, with the support of his parents Máirtín and Seph, and with friends and colleagues such as Fearghal McKinney, as the noble Baroness said, and others, has ensured not only that he is getting legislation passed but getting his name attached to it. That is a remarkable achievement and I hope it presages well for him in the future, making a positive contribution not only on his own behalf but on behalf of many other people as well. He started off life with difficulties, with hypoplastic left heart syndrome, and we all hope he will receive a transplant soon to enable him to be fit and lively and enjoy his life. But he has made a tremendous contribution, by endearing himself to people, by persuading them and by being such an attractive character.
I am delighted, as a doctor who came from Northern Ireland and qualified at Queen’s University Belfast, to see this legislation coming forward. But I am also a little bit sad. We are the last part of the United Kingdom to get this legislation, this so-called opt-out clause that enables us to have more organs for transplant. I am a little sad because it was not always so. One hundred years ago, in 1923, a young girl was born in Lurgan, County Armagh—the town I was born in—and she went on to be one of the world’s leading nephrologists. Her name was Molly McGeown. She qualified in medicine and, like many other women of the time, found it difficult to get an appointment as a consultant because the senior staff said they could not afford to employ people like her, a married woman with children, at that level. It is wonderful how things have changed, although I have to tell your Lordships that my own wife ran into similar problems herself when she was working as a young doctor. But things have changed, and they changed because of people like Molly McGeown. She was absolutely determined to go ahead, and she did. She established the renal unit at Belfast City Hospital; took forward renal dialysis; developed what became known as the Belfast recipe, a particular approach to renal dialysis that massively improved survival rates; developed a renal transplant programme that was of benefit not just to the people of Northern Ireland but way beyond; produced huge numbers of academic papers in her work as a professor at Queen’s University Belfast; and was a star, not just in Northern Ireland, not just in the NHS, but across the world.
So there was a time when we were able to lead things. Now, we find ourselves coming in behind the rest of the United Kingdom. It does not have to be like that, but part of the reason it is, is the political difficulties and stalemate. It is not that the legislation was not approved and passed by the Northern Ireland Assembly, or that politicians in Northern Ireland did not want to see such legislation. Of course they did, and they passed it, but other political difficulties supervened, and it got held back.
I hope that on this auspicious day, we are able to look forward to substantial progress, which takes us to the second part of my speech and the first part of the Bill: the difficulties of establishing an Executive and, because of that, the Assembly itself being in suspension. There were other, political ways that protests could have been made against what people did not want to see with the Northern Ireland protocol. It did not have to involve the suspension of the Assembly and the Executive, and everything that went with it. That this House is having to pass Dáithí’s law here shows just what a disaster it is for the people of Northern Ireland to have elected representatives but not be able to pass their own legislation—that it has to be done here and be delayed. I desperately hope we can move forward, and quickly.
When I heard about the Bill and the talk of a delay of another 12 months, my first reaction was for my heart to sink and I thought, “Oh, my goodness, another year waiting around for things to move forward”. But I often try to look on the bright side and I began to think, “Wait a minute, the Prime Minister may have something here. He may know perfectly well that he is not that far from an agreement; he may also know that that agreement might not be immediately accepted by some of those who have been negative about the Northern Ireland protocol; and he may well be creating a bit of space and time where it is possible for them to find their way towards supporting it”. Maybe some of them want to get to the other side of the local government elections before they will give support to it, or maybe there are some discussions that they need to have internally. Whatever the case, creating that space may give an opportunity for a positive result. I hope that that is the case.
I look at friends and colleagues on the other side of the Chamber and I very much hope that they will use their best offices and realise that if Northern Ireland’s Assembly is not put in place, and power devolves back to London, it will not be exercised by London alone: it will be exercised by London in collaboration with colleagues in Dublin. Therefore, I think we have to be thoughtful about the future and about the prospects, and I very much hope that they and their colleagues will find it possible to move quickly. We do not want to wait another 12 months until good legislation such as this is passed at the Northern Ireland Assembly, where it ought to be passed. We want to see it happening quickly, for the betterment of all the people of Northern Ireland.
So, I congratulate the Minister and his colleagues, especially today, on trying to take things forward in Northern Ireland and I very much hope that all of us, together, whatever our differing perspectives, can find ways of ensuring that Northern Ireland legislation is done, as much as possible, in Northern Ireland by the elected representatives there, for the betterment of all the people. Young Dáithí has given an example to us that the people who attacked John Caldwell can never give, because he has pointed a positive way forward for all of us and the next generation.
Lord Dodds of Duncairn (DUP)
My Lords, I too join in thanking the Minister for outlining the contents of the Bill before the House today and in condemning the awful attack on Detective Chief Inspector John Caldwell last week. Our hopes and prayers are with John Caldwell as he lies in hospital and we hope and pray that he makes a full recovery. We think of his family and we also think of those young children who were forced to witness a despicable, murderous attack. They are not the first set of children to have gone through this in Northern Ireland; many have grown up with the scars of having witnessed heinous and horrendous events. So many families were scarred, not just those who were on the end of physical attacks but those who witnessed these things. We think of those children and their families and what they are going through today.
This violence is wrong. There is no excuse. There has never been any excuse for violence. As the noble Baroness, Lady Ritchie, pointed out, it has been condemned by right-thinking people throughout the last number of decades of Northern Ireland’s Troubles, as they are euphemistically called, but we have to point out that today we are seeing a rise in people who seem to have forgotten the obscenity of violence and are now running around singing, “Up the Ra” and eulogising IRA atrocities. At the forefront of that are Sinn Féin leaders who, despite standing with other leaders the other day, continue to make a distinction. They eulogise and praise the IRA murders of police officers and innocent civilians, many of whom were killed in horrendous circumstances in front of their children. The Sinn Féin putative First Minister has recently eulogised such murders and, as long as that continues, it will set the environment and set a context in which others will follow. They will see it as legitimate to carry out this kind of violence. So we need to see an end to this eulogising of violence. It has always been wrong, there have never been circumstances in which it was justified, and Sinn Féin, if it really wants a shared future and if it really wants respect when it talks about human rights, should stop praising murder and terrorism.
I also join those who have spoken of Dáithí and his achievement. I echo what the noble Lord, Lord Alderdice, said about young Dáithí and the courage and bravery of his family in carrying this campaign forward with such eloquence. Whatever our view may be on the particular piece of legislation, they have achieved an awful amount and a lot of credit goes to them. I am just sorry that there was an attempt by the Government to politicise the issue, trying to use it as a ruse to get the Assembly back, knowing full well that the legislation could be introduced at Westminster without putting the family through all of that. So I welcome the fact that the Government have taken action, just as action was taken on the energy payments which recently came to Northern Ireland.
I hope we do not hear too much about the fact that things cannot be done in the absence of the Assembly; of course they can be done, if there is a will. This Bill proves it. A few months ago, we were here debating the Bill which put back the elections in Northern Ireland to the Assembly for 12 weeks or so. Many of your Lordships warned—I remember speeches from both the Labour Front Bench and the Lib Dem Front Bench—that it was very clear that we would have to return to this, because there was no way that the deadline could be met. The Government refused to accept that at the time; we were told, “Oh, well, you know, primary legislation will be needed and we won’t have time for that going forward”. Here we are: the legislation is before us and time has been made. I respectfully and gently urge the Government, when they are bringing forward legislation, to be slightly more open and transparent with your Lordships about the reasoning.
One of the problems we have is that the reason we do not have an Executive is the current situation regarding the protocol. Remember that the Democratic Unionist Party First Minister—who was referred to by the Minister—resigned in office as First Minister. So this has not come about as a result of the Assembly elections; this happened before the Assembly elections. The reason why we do not have an Executive in Northern Ireland is that Ministers in that Executive have to administer and implement laws handed down by the European Union which they rightly believe do damage to the union of Great Britain and Northern Ireland, and no self-respecting unionist is going to put their hand to that. The Government were given plenty of time and plenty of warning right through from early February 2021 that action had to be taken; promises were made to the people of Northern Ireland by successive Prime Ministers on the Conservative side about addressing this matter, but nothing actually ever got done.
I do recognise that we are now on the cusp of hearing about what will be revealed very soon, and we look forward to studying the detail of that. But the reason that we are in this predicament today and the reason we do not have an Executive is that it does breach the principles of democracy itself. It does breach the Acts of Union, as upheld in the Supreme Court recently; it does breach the New Decade, New Approach document, which was the basis on which the Assembly returned in January 2020; and it does breach the consent principles of the Belfast agreement, based on the consent of both unionists and nationalists. There is not a single unionist in the Northern Ireland Assembly who supports the current protocol, for the reasons I have previously outlined.
In the coming hours and days, we will see the usual spin and propaganda from many people concerning the proposals we are due to hear about and have been, as I understand it, just released. Obviously, we need to take our time to study exactly what is being said; very often when we get the legislative detail, we find that it is very different from what is portrayed, what is spun and what is the subject of much commentary. Many people told us in emphatic terms—commentators, the media, politicians and many others—that the original protocol should be accepted. But they were wrong, and today proves that they were wrong. Have we heard any apologies for that? No, of course not. The political parties in Northern Ireland—other than the unionists—all called for the rigorous implementation of the protocol, which is now fully accepted to be flawed. So unionists will rightly not be taking advice, much of it coloured by political viewpoint. We will make up our minds on what is right for the union.
However, it is deeply regrettable that the Government have brought the monarchy into this matter through the decision to have the agreement take place in the circumstances in which we understand it to have taken place. This has been warned about over a number of days; I think it is deeply counterproductive and not helpful.
There are fundamental constitutional and democratic principles at stake. Fixes and carve-outs may solve some problems today, but the danger is that if the architecture—the superstructure—of the arrangements gives primacy to foreign law, people will need to think very carefully about the future implications for the separation of Northern Ireland from the rest of the United Kingdom, including what it means for democracy. We are talking here about elections to the Assembly and its restoration. Any Assembly Member in Northern Ireland—not just unionist Members—should surely want to have the power and the basic right to say yes or no to laws that apply to their constituents. What self-respecting legislator would willingly see that handed over to a foreign entity?
There are fundamental issues at stake. Will the Assembly be able to have the final say? That is key, and we will see. The Supreme Court, as I mentioned, recently handed down a very important ruling on the way that the protocol changes the foundation Acts of Union without consent, and any new deal will need to remedy that. That is one of the tests that the Democratic Unionist Party has laid down about removing the supremacy of EU law—in fact, it is the first test. Will that be removed? We shall see, but that is key. Is it too much to ask that people in Northern Ireland have the same rights of citizenship as people in the rest of the United Kingdom? We shall see. Is it too much that we exit the EU along with the rest of the United Kingdom? Again, we shall see in a very short time.
Many who advocate for the retention of EU jurisdiction over Northern Ireland would be the first to rail against any similar arrangements for themselves. That hypocrisy is not lost on unionists. Whatever concessions from the EU, whatever improvements on the original protocol, unionists will judge any deal on sovereignty and democracy. Are our rights, as His Majesty’s subjects, equal to those of our fellow citizens in the rest of the United Kingdom? If the answer is no, we must not give up in our rightful quest and desire to have those rights fully restored.
Lord Lexden (Con)
My Lords, I am glad to follow that interesting and carefully considered speech by my noble friend Lord Dodds. There is widespread agreement that the interests of our fellow country men and women in Northern Ireland would not be served by another election in the present circumstances, and what is happening today must reinforce that view. This Bill is entirely appropriate, and there can be no objection to its rapid progress through both Houses. The legal position must be regularised.
But, of course, it is painful to contemplate a further period in which the Northern Ireland departments will not be under ministerial control. Northern Ireland civil servants who continue to administer departmental affairs deserve the highest praise, but as we all know, they labour under serious constraints. Policies agreed by Ministers before their departure cannot be amended; spending plans cannot be adjusted in response to changing needs. It is truly tragic and heartbreaking to hear of the ever-growing problems affecting the great public services in Northern Ireland. Hospital waiting lists spiral to extraordinary lengths, and standards in Northern Ireland’s schools—some of the finest in our country—are under severe threat.
Serious consideration should surely be given to a major programme of reconstruction and reform when devolution is restored. Would there not be merit in undertaking such a programme in close partnership with the Northern Ireland Office—indeed, with the United Kingdom Government as a whole?
Funding will, as always, be a central issue; so will the full and successful incorporation in the great public services—the NHS in particular—of all the latest digital and other remarkable advances that are transforming today’s world. I listen to what our Health Minister, the noble Lord, Lord Markham, says about the plans that are unfolding for the long-term benefit of patients in the NHS in England, and I think, “Ulster should have that, too.” Northern Ireland must enjoy the full benefits of the union, and that will not happen without a close partnership between it and the rest of the union.
The imponderable factor in all this is the attitude of Sinn Féin. There have been—and will almost certainly continue to be—great difficulties securing Sinn Féin’s successful involvement in the devolved institutions. It is shocking that a Sinn Féin Finance Minister should set irresponsible budgets that the Northern Ireland Assembly turns down. Yet it is hardly surprising. Sinn Féin’s goal is not a secure and flourishing Northern Ireland within our union, but its absorption by one means or another into another state.
Unionism, which expresses the wish of Northern Ireland’s majority, exists to stop that happening. It needs reinforcing to enable it to go on succeeding in its historic aim, so that we can continue to confound those who have said throughout my lifetime that Northern Ireland’s departure from the union is inevitable.
As someone who thinks of himself as a unionist first and Conservative second, I want to see a reversal of the betrayal that took place in 2019. Mr Boris Johnson said that there would not be a border down the Irish Sea and then created one. He presented himself as the person who would restore full sovereignty to the United Kingdom and then left one integral part of it subject to laws made in the European Union. What kind of unionist is that? Real, responsible unionists throughout the country—not just in Northern Ireland but everywhere—should look for a settlement that puts a decisive end to the weakening of the union for which Mr Johnson was responsible.
Last week, Jeffrey Donaldson said:
“The wrong deal will not restore power-sharing, but will deepen division for future generations.”
For the sake of Ulster today and for future generations in which divisions lessen and not deepen, our country needs a settlement that will, in the words of the Conservative manifesto at the last election, help sustain
“a proud, confident, inclusive and modern unionism that affords equal respect to all traditions and all parts of the community”.
Lord Hain (Lab)
My Lords, briefly, I support the Bill and thank the Minister for moving it. I also associate myself with the condemnation of the barbarous attack on a police officer who represents the Police Service of Northern Ireland, which is supported and overseen by every one of the main political parties, republican and unionist alike, in Northern Ireland today. The fact that it was such an indiscriminate attack on a police officer coaching children at sport underlines its seriousness.
I want to put just one question to the Minister. We have these repeated Bills in this situation. It is not easy. We have a kind of quasi-direct rule—it is not full direct rule—which represents a failure of democratic politics in Northern Ireland. Is there a case for taking the powers to the Secretary of State to authorise elections or hold them off until the political process is ready for them to take place, rather than having these repeated Bills that keep taking important parliamentary time? I should be very interested in hearing the answer to that question.
Lord Weir of Ballyholme (DUP)
My Lords, I join others in supporting this Bill, but particularly in adding my prayers and thoughts—and I believe that everyone in this Chamber is of a like mind—for DCI John Caldwell and his family, in connection with the despicable attack which took place last week in Omagh. It was an attack in front of children. DCI John Caldwell was making a contribution to the community and was horrendously injured. We are glad at least that he has survived this attack, and I am sure that all in this House pray for his full recovery. I join the noble Baroness, Lady Ritchie, and others, in saying not only that this is this fundamentally wrong but that violence, terrorism and the threat of terrorism have always been fundamentally wrong.
It is important that we learn the lessons of this attack. This House has spent some time dwelling on how we should deal with crimes of the past. The events last week show that crimes of the past have a deep resonance in the present and for the future. Every time a signal is sent out that in some way crimes of the past are to be treated differently from what happens this week, it gives a level of tacit approval, or at least acceptance, of what happens in future. We have seen this all too pointedly with this attack. Obviously, the police must do their job in bringing those people to prosecution. However, it is deeply disturbing that some of the suspects who have been arrested were born since the ceasefire and the Belfast agreement. There is a new generation which sees the prospect of using violence as something that is acceptable. Again, the signal was sent when we saw footage on social media of one of the suspects being arrested, in which his neighbours were applauding him as the police came to arrest him. Therefore, with regard to glorifying terrorism and how crimes are treated, we have to realise that the decisions taken have implications, not just in how we look at the past but in how we look towards the future.
As has been indicated, there are two main parts to the Bill. Dealing first with organ retention and donation, I welcomed the Government’s amendment in the other House, coming as it does after a similar amendment was tabled by the three main constitutional parties from Northern Ireland that are represented in the House of Commons. As my noble friend Lord Dodds has indicated, at one stage there was an unfortunate attempt to use this issue as some form of leverage. I am glad that has been abandoned and that the Government have seen sense by bringing those amendments forward. As my party and others have said, the key issue is: what is the route by which this can be achieved in the quickest possible fashion? It was always the case that attachment to legislation such as this was the quickest and easiest way of bringing this about.
There has never been a consensus on the broader issue of how best to achieve the maximum amount of organ donation. At one stage a few years ago, clinicians disagreed on the best way forward. I have always wanted an organ donation system which worked best, and have always been supportive of the sort of legislation that Dáithí’s law has brought about. I believe that I am the only member of this House who, in the Assembly, voted in favour of Dáithí’s law, which was supported by all the parties of the Assembly. Like many within this House, I am sure, I have a long-standing commitment to organ donation. I am an organ donor, although as years pass by the desirability of my organs may reduce—and I may not be unique in this Chamber on that. Nevertheless, taking action which has the maximum amount of help for those waiting for transplants is something which is deeply responsible, and us supporting this piece of legislation means that this is a good day. It is a tribute to Dáithí and his family, and to the work that they and others have done to bring this about.
The other aspect of the Bill relates to the date of any future Assembly elections. I welcome this as a level of common sense. I have seen that some cynical commentators have said that the Government have put this on the long finger for a year because they may be concerned about the results of an election. I scorn such cynicism, and I know that that would never have entered the Government’s minds. If it had, perhaps they would be restoring the 19th-century practice of having Parliament run for seven years, with the prospect of putting off an election—but I do not want to put ideas into any Ministers’ heads.
Nevertheless, this is a sensible measure. At a previous debate, when we were effectively renewing this on a six-weekly basis, I remember that the noble Lord, Lord Murphy, highlighted with a certain level of scepticism that, while he was in favour of the short postponement, he questioned whether it was really likely to sort everything out in such a short timeframe. I believe that he was right: giving a certain level of space is appropriate. The Government did not simply get themselves in a position where they were effectively renewing the law every six weeks, but we also had the slightly farcical spectacle of the Government wanting to take us to the nth degree prior to Christmas and threatening that an Assembly election would be called at one minute past midnight, while the time passed by. I think that the Government have learned from that mistake. It is right that we give a little bit of space to ensure that we can hopefully see a restoration of government. I agree with the noble Lord, Lord Alderdice: as much as possible, I want to see the laws affecting Northern Ireland decided in Northern Ireland. That is one of the fundamental reasons that having 300 areas of law decided not in Northern Ireland or even at Westminster but by Brussels is fundamentally wrong. That is why we need to deal with the issues in front of us.
It is useful to give a certain amount of time to resolve things. However, that is useful only if that opportunity is taken by the Government and others to resolve the fundamental problems. Undoubtedly, the poison at the heart of our political system, which has been causing instability in Northern Ireland, is the Northern Ireland protocol. Probably in the next few hours, we will see what text has emerged from the deal by the Prime Minister and the European Union, and it would be wrong to prejudge that. But it is undoubtedly the case that any deal or any other way of resolving the protocol needs to deal with the key fundamentals. It needs to ensure that there is frictionless trade between Northern Ireland and other parts of the United Kingdom, and a restoration of the UK internal market; that democracy is restored; that our equal citizenship within the United Kingdom is restored; and, above all, that the Act of Union is restored.
To some, these concerns may seem esoteric. I appreciate that there will be some in this House for whom these are not matters of great conviction. But for any of us who feel our citizenship under threat, it is not surprising why we hold this so dear. The solutions which are required go to the very core of our existence, which is why we need to see resolution of those issues. It is how some would portray some of the concerns raised by unionists—and shared by all unionists, well beyond those on these Benches from the Democratic Unionist Party—but we are not seeking some fantastical solution or indeed perfection. In those basic demands, we seek a restoration of the basics: the basic rights of the people of Northern Ireland, and what is basically required to protect our future. These are not just for today but for five or 10 years’ time and into the future. In the hope that the Government grasp that problem and come forward with solutions that deal with all those problems is the hope that we can see a level of restoration, but that can be only when those fundamentals have been directly delivered. That is what we will judge this by. I believe that it is useful that we see the Bill passed today but, as others have indicated, it is only a means to an end rather than an end in and of itself.
Lord Sentamu (CB)
My Lords, I have just returned from Sierra Leone as chair of Christian Aid to see what this country has achieved there. People there speak with great affection of the actions taken by the UK Government to restore peace—at an absolutely awful time, when people’s hands were being chopped off. Sierra Leone is to go through a general election. Already, there are a lot of fears, but I hope that it will progress in a way that will lead to greater and greater peace in that country.
Edmund Burke, commenting on the French Revolution, said these words:
“The only thing necessary for evil to triumph in the world is that good men do nothing.”
Whenever the Minister has commented on, or introduced a Bill on, Northern Ireland, he speaks with such candour and sensitivity. I thank him for the way in which he handles matters vis-à-vis Northern Ireland.
We have to support the Bill. Organ and tissue donations are vital because medical science has so improved. It is not on for Northern Ireland to be lagging behind the rest of the United Kingdom in this, so I hope that the Bill will get through pretty quickly and be passed.
I admire greatly the noble Lord, Lord Hain, for his work both in Northern Ireland and, more importantly, during the time South Africa was facing a bad apartheid. He resolutely wanted to see things change and improve. I congratulate the noble Lord on that. However, I am slightly puzzled by his question to the Minister around why this Bill has come here instead of the power being with the Secretary of State. My understanding of the law is this: if powers have been devolved by law, nothing can take them back unless a new law is passed. If I were in Northern Ireland, I would not want the Secretary of State suddenly being given greater powers, because it might suggest that we have not quite devolved those powers. They were devolved by an Act of Parliament, and so to intervene in any situation—because of the absence of power-sharing—requires a Bill; it can be done only by a Bill. The Minister and I are tired of hearing endless Bills, but that is the only way to do it, because the Government who are supposed to be working are not really working.
There is one more thing I want to say. When people shoot a police officer while he is training children, it leaves everybody with a chill on their back. No matter what political views you may have, I believe that violence in the end defeats those who want to go by violence. The time has come for all of that to stop. I am glad that, when I came back from Sierra Leone, I saw people protesting, saying, “We are not going back. Enough is enough.” If that is the case, I hope that the good men and women of Northern Ireland will resolve the whole question of why the devolved Government are not doing their job.
The amended protocol, of course, may not have everything in it, but I suggest that we are going towards goods coming out of Great Britain and into Northern Ireland, and vice versa, in exactly the same way, and clarification about goods that are likely to end up in the EU, where we are not in the customs union. Having been involved in the past, for a number of years, in reconciliation around the Drumcree marches, I sincerely hope that the dawn has come—although there may still be a number of questions that will not actually be resolved.
In the end, the only way to prove that a thing is good is if it works. I make a plea to my very good friends in Northern Ireland: if Sierra Leone can begin to find a way not to be ruined by tribalism—it even changed its legislation to allow a third of the people in Parliament to be women, which was not previously the case in that society—and to move forward, surely Northern Ireland ought to do better.
Baroness Hoey (Non-Afl)
My Lords, I add my condolences to the family of DCI John Caldwell following the terrible terrorist act last week. It is an act that has been condemned universally but sent a chilling message. Even more chilling has been the official declaration by the New IRA over the weekend that it was responsible and the warning in that message to members of the security forces that it had gathered data and that further attacks on the security forces were in the planning. It described this as a “military operation”. That is a very chilling message that we in your Lordships’ House should all be well aware of and condemn utterly.
I absolutely agree with the noble Lord, Lord Dodds of Duncairn: it is so hypocritical of the leaders of Sinn Féin to stand there condemning what happened last week and, literally two days later, attend a memorial for people killed because they had been involved in shooting policer officers. Let us not think that somehow the leaders of Sinn Féin have the moral superiority that they sometimes try to put forward.
I am very pleased that Dáithí’s law has come through. As I said in my last contribution, I am an integrationist and believe that Northern Ireland should have been added when the organ Bill was going through Westminster. So many things happen where it would be much better if the decision could be taken in the Houses in Westminster. I hope there will be a new Assembly at some stage before next year, when this legislation will come into force, but I also hope we will be able to see that an awful lot of things could be done here.
As everyone knows, we are here only because, long before the election in Northern Ireland last year, the Democratic Unionist Party made it very clear that it would not go back into government until it was satisfied that the problems with the protocol had been fixed—the protocol that so many other parties in Northern Ireland said had to be rigorously implemented. Of course, now they have a very different attitude, which I welcome.
The seven tests that the DUP put forward before the last election were not just plucked out of the air but grounded in promises already made in one form or another to the people of Northern Ireland by various Ministers and Prime Ministers in government. Sitting here, we do not yet know the exact details of the arrangements made today and the deal that has been coming for so long and has finally, apparently, been signed today. But it is worth reminding your Lordships’ House what those seven tests are and that they have not been just plucked out of the air, as I said.
As a staunch loyalist, I am deeply saddened by the fact that the President of the European Commission and our Prime Minister have chosen today to bring about this cup of tea with His Majesty the King. I think that is a deliberate act of the Prime Minister, which presumably his advisers and he thought would be welcomed by the loyal people in Northern Ireland. I have to say that it is misguided. As the former First Minister in Northern Ireland, the noble Baroness, Lady Foster, said today that it is a “crass” act. It was very mistaken of our Prime Minister and he will live to regret that, whatever happens to the deal today.
I would like to go through the seven tests quickly and without much detail. The first and most important is the constitutional issue of the Act of Union. Any deal must fulfil the guarantee of Article 6 of the Act of Union. It is not an ordinary statute; it is a constitutional statute which created the United Kingdom. It makes it clear that everyone in the United Kingdom is entitled to the same privileges and is on the same footing as regards goods in either country and in respect of trade in the United Kingdom. We know that that is no longer the case, because of the protocol.
The second test is that any new arrangements must avoid any diversion of trade. We have seen the diversion of trade that has been taking place. In fact, so much diversion of trade has taken place that Article 16 of the protocol could have been implemented and was said to have been broken over a year ago. If that had happened then, we might not have had to spend so long on this as we have over the last year. That is a very important test; will it be changed?
Thirdly, it is essential that any new arrangements do not constitute a border in the Irish Sea. The Secretary of State said on many occasions that we need new arrangements to see that that border disappears. I know that there has been talk of green and red lines. If a business in Bristol is trading with Belfast, it has to do exactly the same thing and have exactly the same issues as it would if it were dealing with Glasgow, for example, or Cardiff—no difference. That is another crucial test. We will see whether the green lanes and the dropping of the word “customs” is somehow meant to make us all feel that everything will be okay.
The fourth test—I have nearly finished—must give the people of Northern Ireland a say in the making of the laws which govern them. I expect there will be some compromise that says that the Executive in Northern Ireland will be involved in some way when new laws come in from the European Union to Northern Ireland, but if they do not have a veto, they are worthless. That is another important test.
Fifthly, the new arrangements must result in
“no checks on goods going from Northern Ireland to Great Britain, or from Great Britain to Northern Ireland”.
That is exactly what the Prime Minister said on 8 December 2019. We will see how that ends up after today.
Sixthly, the new arrangements should ensure no new regulatory barriers develop between Northern Ireland and the rest of the United Kingdom, unless agreed by the Northern Ireland Executive and Assembly. That must be on a cross-community consent basis. Everything else in Northern Ireland, because of the Belfast/Good Friday agreement, is cross-community consent. Suddenly, the Government changed that to make it majority consent—we cannot have that.
Finally, the seventh test is, again, very important. New arrangements must
“Preserve the letter and spirit of Northern Ireland’s constitutional guarantee”,
as set out in the Belfast/Good Friday agreement, by requiring, in advance, the consent of a majority of the people of Northern Ireland
“for any diminution in its status as part of the UK”.
That is crucial too; we have already seen the status change and go against the Belfast agreement, which is why the late Lord Trimble said that the Belfast agreement had been broken by the protocol.
While I accept that this legislation needs to go through and hope that it will not be necessary for it to come back again in a year, I agree with those who said that, if the Government had listened more quickly, they could have put this through right at the beginning and not had this nonsense of the Secretary of State coming over, threatening people that there would be an election and then going back on it as we all knew he would have to do. Let us make sure that this does not happen again.
Finally, I ask noble Lords what other country in the world would be in the middle of signing off a deal with a foreign body—the European Union—to talk about getting control over a part of its own country back from that body. What other country would have allowed that to happen in the first place? We have an opportunity now to change that and make it last. If not, if the deal is not satisfactory, there will be no devolution. If there is no devolution, we will be back discussing this time and time again, and any deal that the Prime Minister thinks that he has signed off today will not last.
Lord McCrea of Magherafelt and Cookstown (DUP)
My Lords, I thank the Minister for his introduction to this legislation and agree wholeheartedly with his opening remarks concerning the murderous attack on DCI John Caldwell. The attack happened in Omagh, and he came from Beragh. I represented that area for 14 and a half years. I am thankful that his life may have been spared but it is tragic that, we are told, he will have life-changing injuries if he comes through and survives. We extend our good wishes and earnest prayers to John and his wife and family. We thank God that his little boy was spared; however, he was not spared the horrors of watching his father being gunned down in front of his eyes.
While I welcome the fact that five leaders at Stormont stood with the chief constable in condemnation of this dastardly, despicable attempted murder of John, it is sad, and has to be condemned that Sinn Féin yesterday honoured the 35th anniversary commemorating Brendan Moley and Brendan Burns, who were on a mission to murder members of the security forces. With one side of the mouth they condemn, then their actions prove that their hearts have in reality not changed. To move forward in Northern Ireland, a big step will have to be taken in proving to the people of Northern Ireland that Sinn Féin has completely turned its back on its terrorist past.
It is also regrettable that, on this day, His Majesty has been brought into the situation concerning the discussions between the European Commission President and the Prime Minister. This was a cynical act by the Government and has certainly done nothing to enhance their reputation among the unionist population of Northern Ireland, who are loyal citizens and subjects of His Majesty the King.
In many ways, this debate is overshadowed by the other developments happening today. As I said, the Prime Minister and the European Commission President are meeting and we are told that they have signed off a new agreement on the protocol. Yet they did so without the elected representatives of the people of Northern Ireland having seen it. They have not learned the lessons of the past. The DUP will not be blackmailed or cajoled by anyone into accepting any deal that is not in the best interests of Northern Ireland and does not fulfil the seven tests set out by our party. These tests are grounded not in a unionist wish list but in promises that have been given to the people of Northern Ireland. For us, the stakes could not be higher, as the protocol that is already being operated poses the greatest threat to the integrity of the United Kingdom and Northern Ireland’s part in it.
I will wait for the apology that will be forthcoming from Sinn Féin, the Alliance Party and the SDLP, who called for the rigorous implementation of the failed protocol, which they now acknowledge had to be done away with or replaced by another agreement. Our party is not out to enhance the credibility of the Prime Minister, the Secretary of State or indeed anyone within the unionist family. All along, our genuine concern is for the future well-being of the people of Northern Ireland. It seems that all efforts are being put into trading matters. These are indeed very important for the prosperity of Northern Ireland businesses but there is a vital constitutional matter, which must be faced up to honestly and honourably, concerning who governs us. Northern Ireland has in effect been left in the single market for goods and is still bound by many EU regulations and subject to a foreign European court. We are being treated differently from the rest of the United Kingdom; no real unionist can accept the people of Northern Ireland being treated as second-class citizens within our kingdom. The Minister should not be surprised that the Assembly has not been able to function over the past year when, through the protocol, the fundamental consent principle has been removed.
We cannot judge what this so-called deal will or will not hold but the protocol presently being operated violates the Belfast agreement and its commitment to uphold the rights of the people of Northern Ireland to
“pursue democratically national and political aspirations”
with respect to all the laws to which they are subject. The Assembly was brought down because of the democratic deficit, where the protocol stripped the people of Northern Ireland of their rights in relation not only to 300 laws but to 300 areas of law to which they are subject. Currently, 670 laws have been imposed, and the number is rising all the time. This constitutes an attack on other legal protections, such as Article 25 of the International Covenant on Civil and Political Rights, and would be wrong whether or not the Belfast agreement existed. It is deeply offensive when we are being told daily that the Belfast agreement is considered one of the most famous treaties in the world. Indeed, many of our laws are being forced upon us, having been decided in Brussels, without being scrutinised by our Members of Parliament at Westminster. If the past 50 years teaches us anything, it is that, if political arrangements are to last, they require support from right across the community.
I was somewhat disappointed by the threat, as it were, from the noble Lord, Lord Alderdice, to the unionists: “If you do not accept this, remember, you are going to be governed by Dublin”. The noble Lord was a Member of the Northern Ireland Assembly many years ago. He was elected by the people of Northern Ireland then, before he left the Province. I suggest to him that he ought to know better than to threaten the unionist population with Dublin rule if they do not abide by what has been decided for them.
I have no doubt that the great and the good, Uncle Tom Cobley and all, will be wheeled out to sell any deal whether it satisfies genuine unionist concerns or not, but that will not move my party from faithfully adhering to our legitimate and stated tests. I will not prejudge what the Prime Minister has to say but any deal must fulfil the guarantee of the sixth article of the Acts of Union 1800, which requires that everyone in the United Kingdom is to
“be entitled to the same privileges and be on the same footing, as to”
goods in “either country” and in respect of trading in the United Kingdom. Under the present protocol, this is clearly not the case. It will take more than words at a press conference or an address to Parliament to convince the people of Northern Ireland because it will be of vital importance that, on the constitutional position, the unionist population study carefully the actual text of any agreement.
I will not say that we will be served up with a bowl of fudge later on tonight, as in the past, but the unionist people need clarity. That is why our legal experts must scrutinise every line of the deal. There cannot be a restoration of the Assembly at Stormont until the unionist community is satisfied that there is integrity in the deal. We are certainly not going to allow any politician to pull the wool over the eyes of the people of Northern Ireland. We will look the people of Northern Ireland in the eye and in the face; if it is right for Northern Ireland, we will agree, but if it does not fulfil the seven tests—especially the constitutional test—that cannot be right for the people of Northern Ireland.
We wait to see but, in the meantime, we have the executive formation Bill. It is essential, to allow the political parties to carefully consider the way forward, to have that legislation passed in this House.
Lord Morrow (DUP)
My Lords, we are here to debate a Bill that is concerned with the formation of a new Executive. While we can talk about changing the date of the next election, which essentially puts back the formation of a new Executive, we should be mindful of what needs to happen so that an Executive can be re-formed. The truth is that we would have a functioning Northern Ireland Executive at the moment if it were not for the Northern Ireland protocol, which some called to be fully implemented.
In engaging with the protocol, we have to understand that it is first and foremost not about the border but about what creates the border: a legal regime in Northern Ireland that is different from the rest of the United Kingdom and, critically, that is imposed on Northern Ireland by a polity of which it is not a part and in which it has no representation at all. In that sense, before anything else, the Irish Sea border is a border of disfranchisement.
The people of Northern Ireland can no longer stand for election to make the laws to which they are subject in 300 different areas. Let me be clear: I am talking about not the imposition of 300 statutes over the heads of the people of Northern Ireland, which would be monstrous, but the imposition of multiple laws in 300 areas. As things stand, as has been said, 670 new laws have been imposed on us. That is after just two years and two months; the figure will just go up and up. Unless the United Kingdom wishes to turn its back on any conception of British values and a commitment to democracy, which would be deeply damaging not only to Northern Ireland but to the entire United Kingdom, this is plainly completely unsustainable.
The essence of citizenship in the United Kingdom is the right to stand for election to make all the laws to which you are subject and/or to vote for a fellow citizen to represent you in this regard. The relationship between the citizen and the citizen-legislator is all-important. Our democratic traditions mean that citizens can engage with their representatives in the making of the laws to which they are subject and the legislator can shape the laws, mindful of the needs of their constituents. The legislator can move amendments and, if he or she persuades Parliament, the law can be changed. This is a central ingredient of what it means to be a United Kingdom citizen, yet this right has been subject to radical debasement in Northern Ireland thanks to the Northern Ireland protocol. This cannot be allowed to continue.
I read in the Times this morning a suggestion that Stormont should be given the ability to reject legislation that it does not like—as if that was the answer. It is not in our political tradition. Our political tradition is not one which infantilises its citizens such that they are told they are no longer mature enough to make the laws to which they are subject; instead, they will just have to make do with a right to reject legislation, which others make for them, if they do not like it. Could anything be worse? How can we countenance such an arrangement after years of exercising the right to make the legislation to which we are subject? There can be no Executive unless and until we are afforded a voice in the making of the legislation to which we are subject. That has defined the United Kingdom as a polity and is enjoyed by the people of Wales, Scotland and England. Northern Ireland will not accept anything less.
Lord Browne of Belmont (DUP)
My Lords, I join with noble Lords who have condemned the attempted murder of Detective Chief Inspector John Caldwell. I trust that he will make a speedy and good recovery. This debate occurs at a pivotal moment for Northern Ireland and the United Kingdom as a whole. We have been reminded again today by my noble friends that, if not for the imposition of the Northern Ireland protocol, we would not be debating this Bill in your Lordships’ House.
I support the Bill because it is a sensible and measured response in the current circumstances. I also welcome the Government’s decision to bring forward the amendment to address organ donation. This is an incredibly important cause, and it is right that it progresses here. I commend the Minister and the Government for their work in making this possible. I join other noble Lords in paying tribute to the efforts made by young brave Dáithí, his parents, family and friends and, in particular, Fearghal McKinney and Denise McAnena from the British Heart Foundation. They have worked very hard to enable this legislation.
There are over 300 areas of law, such as our ability to trade with the rest of the United Kingdom, which are now determined by the EU. These regulations and diktats have been imposed on Northern Ireland by Brussels without any say or scrutiny. These laws can be amended and will continue to be imposed on Northern Ireland. In all decisions, the European Court of Justice will continue to be the ultimate arbiter on all protocol-related trade disputes. No unionist could countenance a scenario in which UK law is secondary to EU law in Northern Ireland. In England, Scotland and Wales, UK law is supreme. Why should this be any different in Northern Ireland?
As things stand, Northern Ireland is semi-detached from the rest of the United Kingdom, subject to ever-changing diktats being made elsewhere and with no say over them, as I have said. Is it fair that manufacturers and producers in Northern Ireland should continue to operate under a different set of regulations and guidelines to their counterparts in mainland Britain? Continued divergence and regulatory differences will continue to create new hurdles and new sets of everyday problems for producers and manufacturers in Northern Ireland. Why should these business owners be punished purely for sharing a land border with a foreign state?
In a UK context, if Northern Ireland is still left behind and solely subject to the EU’s customs code and EU law, regrettably, very little of constitutional significance will have been achieved. Any arrangement or deal with the European Union that fails to achieve the removal of the supremacy of EU law from Northern Ireland will fail to restore the constitutional integrity of the United Kingdom. To date, the implementation of the Northern Ireland protocol has cost £506 million. Specifically, Treasury figures confirm that the trader support service, a by-product of the protocol that helps companies to deal with its additional paperwork, has cost the taxpayer £318 million in just over two years—that is £436,000 per day. This could be invested elsewhere in Northern Ireland: in health, education or roads. Recently, noble Lords discussed cuts to the Northern Ireland budget—yet we were able clearly to point to hundreds of millions of pounds-worth of bureaucracy to implement the protocol. What was true in 2022 is true in 2023: transformative investment should be saved for schools, hospitals and roads in Northern Ireland.
As I have said in your Lordships’ House previously, I would prefer Stormont to be up and running again as soon as practically possible. However, the institutions at Stormont cannot work without the restoration of the delicate political balance negotiated over many years. No unionist supports the protocol or the supremacy of EU law. No one who uses the label “unionist” could sign off on any arrangement that does not respect the supremacy of UK law and the constitutional integrity of the United Kingdom. I urge the Minister and the Government to recognise this.
As it stands, Northern Ireland remains in limbo and, unlike the rest of the United Kingdom, it is ultimately still bound to decisions made by politicians in Brussels and the European courts. A Northern Ireland left behind was not what the people in any part of the United Kingdom assented to in 2016. I am sure that noble Lords will agree that the best outcome is for Stormont to get back up and running. To get to that place, we must restore the integrity of the UK internal market as urgently as possible. Northern Ireland’s constitutional position and arrangements must be respected. Such uncertainty and disruption are unwelcome—the people of Northern Ireland need these issues to be resolved, and I regret that we are not at that point yet.
No matter what has been achieved by the deal today, Northern Ireland will still be in the single market, subject to EU rules and the European court. Does this protect the sovereignty of Northern Ireland? Anyone who cherishes our historic union must view any new deal with extreme caution.
Baroness Suttie (LD)
My Lords, I also thank the Minister for his clear presentation of the Bill. I utterly condemn the shooting and attempted murder of Detective Chief Inspector John Caldwell in Omagh, a community that has already suffered so much pain and loss. As the joint statement from the political leaders said so powerfully, there should be
“absolutely no tolerance for such attacks by the enemies of our peace.”
From these Benches, we commend the continued dedication of the PSNI and wish John Caldwell a full and speedy recovery. Our thoughts are with his family at this very difficult time. That appalling act last week also served to remind us just how fragile the peace process is and that it should never be taken for granted. As the noble Baroness, Lady Ritchie, said, it was none the less encouraging to see how quickly the political leaders in Northern Ireland came together and united in condemning this truly awful and barbaric act.
As my noble friend Lord Alderdice said so movingly in this speech, we congratulate Dáithí and his family on their remarkable campaign that has led us to this point. I also thank the British Heart Foundation for its support. Although it is very much to be welcomed that the Bill has facilitated, finally, the introduction of Dáithí’s law, we should not forget that this should have been happening in the Northern Ireland Assembly, which brings me back to the primary purpose of the Bill: trying to deal with the consequences of the ongoing absence of a Northern Ireland Executive and Assembly.
From these Benches, we support the Government on the Bill. We think that it is the right thing to do, but we deeply regret that it is once again necessary. It is right to give time and space for a resolution to be reached without the inevitable heat of an election campaign, but we hope, as others have said, that the Executive and the Assembly are back up and functioning long before the deadline contained in the Bill. We have had so many debates on the situation in Northern Ireland recently, but almost no matter what subject we are debating, we always end up looking back at the protocol. Today there is obviously a very different background to our debate, and, clearly, we all have to examine the proposals announced today in detail.
Since the referendum in 2016, at times we have seen ideology dominate our politics across the United Kingdom at the expense of finding pragmatic solutions to the situation in which we find ourselves. The unionist population was treated very badly, perhaps most of all by the former Prime Minister, Boris Johnson, who ignored political realities and complexities in Northern Ireland for his own political ideological purposes. In that regard, I very much agree with the comments made by the noble Lord, Lord Lexden.
I worked for nearly 10 years in the European Parliament—mostly for an Irish politician, as it happens—and I know that, if you have a positive working relationship based on trust with key players in the EU, you can always find pragmatic solutions to problems and issues. For my speech this afternoon, I had prepared a set of remarks on the two parallel democratic deficits currently faced by Northern Ireland because of the protocol and the absence of a functioning Assembly and Executive, but, given the circumstances and the announcement of the deal today, I shall limit myself to a direct appeal to all parties in Northern Ireland. There was a problem with the protocol—everyone accepts that—and the Government and Brussels have listened. The deal may not be perfect, and we all need to look at it in detail, but for the sake of the people of Northern Ireland, get the Assembly and the Executive back up and running and, if necessary, change and improve this deal from within.
Lord Murphy of Torfaen (Lab)
My Lords, this year is of course the anniversary of the Good Friday agreement, but, tragically, it is also the anniversary of the Omagh bombing. Twenty-five years ago, it fell on me to visit that town three days after the bomb went off, and I had to talk to the parents of children who had been massacred in that appalling event. It was something of unparalleled wickedness. In many ways, what has happened to Detective Chief Inspector Caldwell is a terrible echo of that: it was cowardly and wicked and has left a family in ruins. I am sure that all of us in this Chamber share the views said collectively in today’s debate.
On a much happier note, the organ transplant part of the Bill is to be very warmly welcomed. As my noble friend Lady Ritchie said, 146 people in Northern Ireland are waiting for a transplant, including Dáithí, after whom this law will be named. I congratulate the Government on moving so very quickly on something which has complete and unanimous support, not only in this House but in Northern Ireland.
Of course, we support the Bill. As the noble Lord, Lord Weir, reminded me, I said a few months ago that the timescale that the Government gave themselves was far too tight, that it was not going to work and that it would have been better if we had had a much longer period, to which the Bill now agrees, at an earlier date, but we support it. It has to be done, and I just hope that it is unnecessary in many ways and that we can have a functioning Assembly, Executive and all the other institutions of the Good Friday agreement up and running well before January next year.
Some weeks ago, the Belfast Telegraph published a list of decisions have been held up in Northern Ireland because they have no Government and no Parliament. Thirty-nine major issues were identified, and I will just mention a few of them: services for oncology; services for breast cancer; an environment strategy; sign-language legislation; independent living funds; funding for victims payments; a strategy for refugees. This is all against the difficult financial background throughout the United Kingdom and the need for ministerial decisions. Civil servants in Northern Ireland, however good they are—and they are good—cannot ultimately make decisions in a democratic way on behalf of the people of Northern Ireland. They cannot set their priorities. They cannot make decisions that properly should be made by elected politicians.
Of course, the DUP is right that there is a democratic issue, so far as the protocol is concerned, but there is a democratic deficit equally as big, if not bigger, in not having an Assembly and an Executive. When we say that the Good Friday agreement is invalidated, violated, because of the protocol, it is the same issue that violates the Good Friday agreement with regard to the institutions. The agreement is violated by the absence of an Assembly and an Executive and by north-south bodies as well as east-west institutions. You cannot pick and choose which bits of the agreement you want; you have to look at it as a whole.
I fully understand the problems that the Democratic Unionist Party highlights and the issue of being part of a single market without any say about what the laws are going to be. Of course, we understand that, but which is the greater? I have just outlined a few of the issues that cannot be discussed or decided in Northern Ireland without a Government. What bigger democratic deficit is there than no Government at all? There is none in Northern Ireland and no Parliament. There is nowhere for views to be expressed. However good Dáithí’s law is—and it is good—it is not the place of this Parliament to deal with the domestic issues that were agreed in the agreement and the referendum 25 years ago to be for the people of Northern Ireland themselves.
The other issue is that the people of Northern Ireland do not simply consist of unionists, though the unionists have a very valid point. I will say it again: I accept it, but 56% of people in Northern Ireland voted to stay in the European Union, and I assume that those people actually agree with parts of the protocol—not all of it, but parts of it. In other words, in order for success to be had, you have to compromise. You have to compromise between nationalists and unionists. That was the genius of the agreement 25 years ago.
I do not know what is in the protocol. I have had a little look on my phone now and again during the course of the debate. There are some very interesting things, and I actually congratulate the Prime Minister on what he is trying to do. The protocol was the creature of a previous Prime Minister. It is Boris Johnson’s fault—no Boris Johnson, no protocol—but now the current Prime Minister is doing his best to try to ensure that we can overcome this issue. I will just take one example that I have looked at on my phone, the Stormont brake. There is likely to be, in this agreement, a measure by which the Assembly in Northern Ireland can reject laws from the EU. If they can reject laws from the EU, I suspect that that is a major development in the situation with regard to the protocol that the Prime Minister and the European Union have agreed.
It looks to me like a genuine attempt to solve the issue. It is not just about President Biden coming across to Northern Ireland in April; it is not just about celebrating the 25 years; it is about ensuring that public services operate in Northern Ireland, full stop. They are not operating at the moment, not properly, so at the end of the day, the people who matter are not us: the people who matter are the men, women and children who live there. Nearly 2 million people rely on the Assembly and the Executive for the quality of their life; therefore, those institutions must be restored and this, I believe, is a genuine attempt to do precisely that. It has to be a compromise, I just hope that in this space, which I understand the Prime Minister is suggesting should be made available for everybody to look at the detail of this agreement, all of us will look at it very seriously and, when we do, think not of ourselves but of the people of Northern Ireland.
Lord Caine (Con)
My Lords, I am very grateful, as always, for the contributions on the short Bill before your Lordships’ House this afternoon. I thank noble Lords at the outset for their unanimity in condemning what happened in Omagh last Wednesday evening. The noble Baroness, Lady Ritchie of Downpatrick, referred to violence never being justified and of course she is absolutely correct: paramilitary activity in Northern Ireland was never justified in the past and is certainly not justified today. I completely agree with the noble Lord, Lord Alderdice, when he refers to the threat that has been made by some on the loyalist side in recent days. Loyalist violence, or the threat of loyalist violence, should always be condemned with equal vigour as republican violence, and it is very important that we do not differentiate.
A number of noble Lords from Northern Ireland referred to the glorification of terrorism by certain parties. They will not be surprised to hear that I have considerable sympathy with that point. I was involved, a number of years ago, with framing a response to a parade organised by republicans in Castlederg which commemorated two IRA men who had blown themselves up bringing a bomb into the town in the early 1970s, so I understand the strength of feeling. I say to noble Lords that we now have a third day scheduled for Committee on the legacy Bill, and my recollection is that the amendments on glorification will be the first group that we take, so we can have a much longer discussion and debate on that issue very shortly. I sympathise with a number of the points that noble Lords behind me have made.
I turn to the Bill. Of course, there has been no opposition to it at all in the House. Almost uniquely, I think I have been asked only one direct question during the couple of hours we have been debating it. That was from the former Secretary of State, the noble Lord, Lord Hain, on taking powers. I said in my opening remarks that should the situation regarding the Assembly not be resolved, the existing powers for civil servants run out in June and we would have to make an assessment as to how we deal with that situation. It is clearly untenable, for a number of reasons that were pointed out by his noble friend Lord Murphy of Torfaen in his very powerful and typically insightful and sensible winding-up speech for the Opposition. Of course, in this piece of legislation we have tried to avoid coming back any time soon with further legislation on election timing. It is the hope of many of us that we will get back to a position where the powers in the previous Executive formation Act 2022 and the timetable in this legislation become irrelevant, because we have the institutions back up and running.
Aside from that, there was strong support for the legislation: both the provisions relating to the date of the election and, of course, Dáithí’s law. I join noble Lords in paying tribute again to Dáithí and his family. I also pay tribute to those who have been very prominent in the campaign, including my old friend Fearghal McKinney, the former party colleague of the noble Baroness, Lady Ritchie of Downpatrick, who has played a key role in all this. I bumped into him last week in Westminster and was able to talk through a number of the issues.
My noble friend Lord Lexden made a typically powerful intervention in the debate. He and I go back many years; we are a part of the Tory tradition that owes a huge amount to the late, great TE Utley in the way we have always approached Northern Ireland affairs. As ever, my noble friend’s speech was in what I might call the great Utley tradition of moderate Tory unionism. My noble friend talked about Northern Ireland enjoying the benefits of the union and questioned the widespread view that has been held over many years that a united Ireland is inevitable. I agree with him entirely that a united Ireland is not inevitable. However, the priority has to be to make Northern Ireland work; the more it works, the better that is for the union and for Northern Ireland’s position within it. He also talked about the inadequacies of the current legislation and the powers; I dealt with that point a few moments ago.
Unsurprisingly, the debate was dominated not necessarily by the provisions of the Bill but by events that have taken place elsewhere this afternoon in Windsor. We have debated the protocol many times; I have been here late at night during Committee of the Northern Ireland Protocol Bill before Christmas and I answered a PNQ from the noble Lord, Lord Morrow, two or three weeks ago. I hope noble Lords will forgive me if I do not rehearse all the arguments around the protocol this afternoon. The Prime Minister is due to make a Statement in the other place very shortly, and I would be astonished if there was not an opportunity for that Statement to be repeated in your Lordships’ House at some point fairly shortly, which will enable noble Lords to ask questions based upon actually having been able to read some of the documentation which has been published. The Windsor Framework: A New Way Forward has now been published and is available on GOV.UK.
I heard the comments of many noble Lords, and the noble Baroness, Lady Hoey, reiterated the DUP’s seven tests, as did a number of members of the Democratic Unionist Party this afternoon. It will be for them to judge whether the agreement that my right honourable friend the Prime Minister has come to with the European Commission satisfies those tests; no doubt they will want to go through with a fine-toothed comb, as is customary. For our part, the Government are confident that the agreement reached will ensure free-flowing trade by removing the border in the Irish Sea; it will safeguard Northern Ireland’s position within the United Kingdom; and it will restore sovereignty for the people of Northern Ireland through what the noble Lord, Lord Murphy, referred to accurately as the so-called Stormont brake. However, it would be better for noble Lords to listen to what the Prime Minister has to say, go through the documentation and then, of course, they will have an opportunity to return to these matters when the Statement is repeated in your Lordships’ House.
I think we all hope that the agreement that has been reached this afternoon in Windsor will provide a basis for the restoration of the devolved institutions so that we do not have to come back again to this House and debate the kind of legislation we have seen over the past number of months, and so that responsibility for the running the domestic affairs of Northern Ireland within the United Kingdom will once again be in the hands of locally elected politicians at Stormont, who are responsible and accountable to the electorate there. We fervently hope that that will happen so that we can work together. My noble friend Lord Lexden gave me a very powerful point about the United Kingdom Government and the Northern Ireland Executive at Stormont working closely together on issues of great importance, such as public services in particular—which, as the noble Lord, Lord Murphy of Torfaen, reminded us, need a great deal of attention over the coming months. If this agreement does provide the basis for restoration—I do hope it will—I think the Government will be working extremely hard with a newly-formed Executive to address those issues so that we can get on with building a Northern Ireland that works for everyone across the entire community. On that note, I beg to move.
Northern Ireland (Executive Formation and Organ and Tissue Donation) Bill
Monday 27th February 2023
(1 year, 8 months ago)
Lords ChamberRead Full debate Northern Ireland (Executive Formation and Organ and Tissue Donation) Act 2023 Read Hansard Text Watch Debate Amendment Paper: Committee of the whole House Amendments as at 22 February 2023 - (22 Feb 2023)
The Deputy Chairman of Committees (Baroness Finlay of Llandaff) (CB)
My Lords, I understand that no amendments have been set down to the Bill and that no noble Lord has indicated a wish to move a manuscript amendment or to speak in Committee. With the agreement of the Committee, I will now report the Bill to the House without amendment.
Royal Assent
Tuesday 28th February 2023
(1 year, 8 months ago)
Lords ChamberRead Full debate Northern Ireland (Executive Formation and Organ and Tissue Donation) Act 2023 Read Hansard Text Amendment Paper: Committee of the whole House Amendments as at 22 February 2023 - (22 Feb 2023)