Devolved Administrations: 20th Anniversary

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Wednesday 22nd May 2019

(4 years, 11 months ago)

Lords Chamber
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Moved by
Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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That this House takes note of the 20th anniversary of devolution in the United Kingdom and the role of the devolved administrations in the governance of Scotland, Wales and Northern Ireland.

Lord Bourne of Aberystwyth Portrait The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)
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My Lords, it is a great honour to open this debate. I have the greatest respect for the wealth of knowledge and experience of devolution that exists within your Lordships’ House, which is amply demonstrated by the list of speakers for this debate.

In your Lordships’ House, there are former and current members of the Welsh Government, including the noble Baroness, Lady Randerson, who is speaking today. There are former members of the National Assembly, such as the noble Lord, Lord Wigley, and the noble Baroness, Lady Humphreys. There are former Secretaries of State for Wales, including the noble Lord, Lord Hain, who is speaking in this debate.

There are also former members of the Scottish Government. The noble Lord, Lord McConnell, is not in his place, but he certainly contributes to this House with great acumen. Former members of the Scottish Parliament are speaking today, including the noble Lords, Lord Foulkes and Lord Purvis. There are also former Members of the other place who have been Secretaries of State for Northern Ireland: again, I mention the noble Lord, Lord Hain. There is a wealth of other Members of this House who served with distinction in the devolved Administrations. My noble friend Lord Duncan will close the debate. He serves both the Northern Ireland Office and the Scotland Office with distinction.

Over the past 20 years, successive United Kingdom Governments have supported devolution. They have put in place arrangements that provide the different nations of the United Kingdom with the space to pursue different domestic policies, should they choose to do so, while protecting and preserving the benefits of being part of the larger United Kingdom family of nations. Devolution has also provided our four proud nations with a platform to celebrate our unique cultural heritage, while sharing a common identity, making the United Kingdom a truly precious union of nations.

I should acknowledge that some noble Lords were not supportive of devolution historically—I fall into that category myself. That has changed massively. My own views have certainly changed; I am now very much in favour of devolution and am a proponent of it. That is true of all the mainstream parties in the United Kingdom today.

It is evident that support for devolution has grown over the years. In Wales in 1997, there was a very narrow vote in favour of establishing a National Assembly. In 2011, under David Cameron, we had a further referendum on full law-making powers, supported by all four mainstream parties in Wales. All but one local authority area voted in favour of giving the Assembly those powers; even in the only area that did not, it was an extremely close call. Today, the Senedd is an established feature of everyday life, taking critical decisions on matters that affect the lives of people in Wales. It has had many notable successes.

From my perspective, those successes are best demonstrated by the principle of where it is most appropriate for decisions to be taken. I think particularly of the foot and mouth outbreak and the way that was dealt with in Wales. It was appropriate for it to be dealt with there. It was to do not with a particular policy stance, but with immediacy and responsiveness and the fact that people in Wales expected it to be dealt with from Wales. The same could be said of many aspects of Welsh language delivery and Welsh culture. Not all Welsh language policy rests with the National Assembly, but that is surely the appropriate place for it to be.

One of the Assembly’s successes has been legislating to make Wales the first part of the United Kingdom—probably one of the first jurisdictions in the world—to charge for plastic carrier bags. Public opinion across the world has now caught up and we are seeing pressure to reduce levels of discarded plastic worldwide. The Assembly was ahead of other parts of the United Kingdom at that time, but the success of the approach in Wales led to it being replicated in other parts of the United Kingdom and, indeed, elsewhere.

Two other policy initiatives that were supported very widely in the Assembly were the Older People’s Commissioner and the Children’s Commissioner. Other pioneering Acts unique to Wales are also attracting interest from across the globe. The Well-being of Future Generations (Wales) Act aims to improve social, cultural, environmental and economic well-being by requiring public bodies in Wales to think about the long-term impact of their decisions and to engage with local communities to tackle poverty, health inequalities and climate change, which are intergenerational issues. That seems extremely sensible. It has been happening since I left the Assembly but it seems a pioneering and interesting approach.

The Assembly also introduced a new approach to organ donation when it became the first nation in the United Kingdom to move to an opt-out system of consent. People aged 18 and over who have lived in Wales for more than 12 months and who die in Wales are now regarded as willing to donate their organs unless they have expressly said that they do not wish to do so. Other parts of the United Kingdom are considering the impact of this new system on the availability of organs for transplant.

The Scottish Parliament has also had its firsts. Scotland was the first part of the United Kingdom to introduce a smoking ban. As the noble Lord, Lord McConnell, pointed out recently, it is hard to imagine that Westminster could have legislated to introduce a smoking ban only in Scotland, but that is what the Scottish Parliament did. Other parts of the United Kingdom followed later. We are still seeing significant developments. More recently, the Scottish Parliament introduced minimum unit pricing of alcohol in Scotland. The National Assembly for Wales then passed similar legislation in June for Wales, and the Welsh Government are currently finalising their plans to introduce this policy in Wales.

In Northern Ireland we see a place transformed from what it was 20 years ago. The introduction of the Belfast agreement remains a historic landmark, providing for the principle of consent, established political institutions, reformed policing and justice systems, protections for people’s rights and identities, and new bodies to foster greater north/south and east/west co-operation. The effect has been striking. Employment is at near record levels, rising to a record high of 70% at the end of last year. Northern Ireland remains the most popular location for foreign direct investment outside of London and the south-east, and since 2011 exports are up 11%. In July, the eyes of the world will once again be on Northern Ireland as the oldest and most famous golfing championship in the world, the Open, is played at Royal Portrush. I will say something later about Northern Ireland talks. I know that the noble Lord, Lord Hain, has had a leading part in this area. I look forward to hearing what he has to say later too.

These examples of successes demonstrate a further benefit of devolution: we can learn from the different approaches taken across the United Kingdom to address the common challenges we all face. We have a role to play in that—a number of noble Lords have experience of being Members of the devolved legislatures, as I have indicated. I was proud to serve in the National Assembly too for 12 years. Of course, the current Secretaries of State for Wales and for Scotland are also former Members of the National Assembly for Wales and the Scottish Parliament respectively. I have been very proud to introduce into the Ministry of Housing, Communities and Local Government a devolution forum that meets regularly and exchanges policy ideas and progress on different areas, because we have much to learn from each other.

We should recognise that people from the proud nations of Scotland and Wales each have two Governments and expect them to work together. One example of this happening concerns growth and city deals, where the two Governments have been working with local authorities and other local partners to develop deals that cover a range of reserved and devolved matters. Indeed, I liaise on a regular basis with Assembly Member Ken Skates on the mid-Wales growth deal, for example.

Perhaps the most striking example of closer engagement relates to the European Union and our preparations to leave. Over the last year we have seen unprecedented levels of engagement between the United Kingdom Government and the devolved Administrations, best exemplified by the First Ministers of Scotland and Wales attending UK Government Cabinet committee meetings.

As we look ahead, it is evident that our intergovernmental relations architecture needs to be refreshed to meet new challenges. We will need to build on existing relationships and work together more closely than we have before. We will also need to manage our new UK regulatory frameworks, developing structures that respect devolution and encourage still closer collaboration.

The UK Government have been clear that the devolved Administrations and legislatures will gain more decision-making powers as a result of the United Kingdom’s exit from the EU. Powers previously exercised at EU level which intersect with devolved competence will, upon exit, flow back directly to Scotland, Wales and Northern Ireland. The Government have been working closely with the devolved Administrations to decide where it makes sense to do things differently in different parts of the UK, and where we will need to work on a United Kingdom or GB-wide basis—known as the common frameworks.

This process of co-operation and collaboration is helping to shape the post-exit devolution landscape, and demonstrates how the Scottish and Welsh Governments and, currently, the Northern Ireland Civil Service, together with the United Kingdom Government, are able to work together to ensure a prosperous future for the United Kingdom outside the European Union. The publication of the third European Union (Withdrawal) Act and Common Frameworks report on 16 May is testament to the constructive work that the United Kingdom has undertaken, together with the devolved Administrations, to establish common frameworks.

There is great interest in intergovernmental relations at present, not least in light of the way the three Governments of the UK and the Northern Ireland Civil Service are working together on the UK’s exit from the EU. Intergovernmental relations are vital to the effective functioning of devolution and, most importantly, to the delivery of services for all citizens across the UK. Our Governments might not always agree with one another on matters of policy, but we all agree that effective intergovernmental relations are key to delivering on behalf of the citizens of the UK.

Since the inception of devolution, intergovernmental relations have continued to evolve, to develop and, largely, to improve, to meet the needs of the various Administrations across the United Kingdom. The Prime Minister was clear in her meeting of the Joint Ministerial Committee plenary session on 14 March 2018 that a fresh look into the way our Governments work together was required, in light of the United Kingdom’s exit from the EU. This work—reviewing the memorandum of understanding on devolution, known as the review of intergovernmental relations—has been ongoing between the four Administrations

Over the coming months, we need to ensure that we are considering proposals for the future delivery of our shared objectives. We want to do that coherently and in a way that provides for Governments to have effective relations but remains adaptable enough to suit their own requirements.

The devolution settlements have not been set in stone for the past 20 years. I will not go over all the changes made in that time, noble Lords will be relieved to hear, but it is worth noting the significant changes made to the Welsh Assembly under the Government of Wales Act, and the most recent further transfer of powers to the devolved legislatures and Administrations under the Scotland Act 2016 and the Wales Act 2017. Many noble Lords speaking in this debate have had a massive impact in this area.

First, in relation to the Scotland Act 2016, two decades on from the first Scotland Act, Holyrood has become one of the most powerful devolved parliaments in the world. Power and accountability are better balanced than ever before. The Scotland Act 2016 delivered in full the Smith commission agreement, reached by all five of Scotland’s main political parties. The Act increased the financial accountability of the Scottish Parliament; increased responsibility for welfare in areas that complement the Scottish Parliament’s existing powers; increased the scope for the Scottish Government to be more involved in the scrutiny of a range of public bodies; and gave significant new responsibility for roads, speed limits, onshore oil and gas extraction and consumer advocacy and advice.

This year saw an important landmark for the Scotland Act 2016, with all its sections that increase the powers of the Scottish Parliament now in force. This follows the commencement of Section 27 on 8 February 2019, which devolves legislative competence to the Scottish Parliament for welfare food schemes. The Scottish Parliament will now be able to legislate in every area where the Scotland Act 2016 gave it the power to do so.

The Wales Act 2017, which I was very proud to pilot through this House, delivered clarity for Welsh devolution and accountability for the Welsh Government. It implemented the commitments in the St David’s Day agreement that required primary legislation and transformed the Assembly into a fully fledged Parliament. The Act put in place a new, reserved powers model for Welsh devolution; it devolved additional powers in areas such as elections, energy and transport; and it enabled the Assembly to take control of its own affairs, including giving it the ability to decide its own name. I am pleased that the Presiding Officer is taking forward the necessary legislation, so that our Parliament will become the Senedd. The Wales Act provided a robust package that made the Welsh devolution settlement clear, sustainable and stable for the future. The devolution of tax and borrowing powers to Wales and Scotland has increased the accountability of the devolved Administrations as they have become responsible for how funding is raised, as well as how it is spent.

For Northern Ireland, this is not the 20th anniversary of devolution; there, the history of devolution goes back almost 100 years. Northern Ireland’s most recent iteration of devolution stems from the 1998 Belfast agreement, or Good Friday agreement, which is quite simply one of the most important documents in the complex, intertwined and not always happy history of the United Kingdom and Ireland. Last year, of course, marked the 20th anniversary of the Good Friday agreement. The agreement was a historic landmark in the history of Northern Ireland, representing the triumph of politics over the division and destruction of the previous 30 years, which saw over 3,500 people tragically killed and countless more lives shattered by violence. Along with its successor agreements, it has been the foundation stone of all that has been achieved.

All of us who care deeply about Northern Ireland have an overriding responsibility to do all we can to protect, preserve and promote that agreement. For our part, the Government remain absolutely steadfast in our support for it and in upholding our commitments under it: to the constitutional principles it set out, to the institutions it establishes and to the rights it guarantees. As a result of the relative peace and stability that the agreement ushered in for so many people, Northern Ireland is a place transformed from what it was two decades ago. But the murder of Lyra McKee last month was a terrible personal tragedy, as well as a sober reminder of why we must not let things slide back to how they used to be. Since that sickening attack in Derry/Londonderry, Northern Ireland’s political leaders have shown great leadership in standing together to reject violence, but it is now time for them and us to go further.

The best possible way of showing those who oppose peace and democracy that their efforts are futile is for all the political institutions of the Good Friday agreement to be fully restored and functioning, as was intended by those who reached that historic, epoch-making agreement 21 years ago. The stability and safety provided by the agreement have allowed Northern Ireland to thrive. Northern Ireland is now a leading destination for inward investment; unemployment is at a record low and employment at a record high. Northern Ireland now needs a devolved Government to allow for local decision-making, strengthen the economy and build a united and prosperous community, and to help guarantee continuing peace and better communal relations.

I turn to English votes and English decentralisation. The recent history of devolution is not exclusive to the devolved Administrations’ relationship with the UK Government and Parliament. Devolution is an exercise of bringing power closer to the people, and this Government have moved quickly to bring about decentralised governance in England through the metro mayors. We now have nine metro mayors throughout the country, if one includes London in that tally, most recently in the North of Tyne region. We have also undertaken to come forward with a Statement on the future of metro mayors and devolution, which we will do shortly.

As noble Lords will know, changes have also been made to how Parliament operates to give effect to the principle of English consent, and sometimes English and Welsh consent, where votes concern only those nations. This approach seeks to address fairly the long-standing West Lothian question.

At the heart of the United Kingdom is the unity of our people: a unity of interests, outlook and principles. This transcends party politics and institutions, the constitution and the economy. It is about the values that we share in our family of nations.

Our union is strongest when each of its constituent parts is strong and working together; we are committed to the constitutional integrity of the United Kingdom. When we come together as one people, we benefit from the security and stability that come from being part of one of the largest economies in the world, pooling risks and sharing benefits.

Twenty years on, devolution is indeed the settled will of the people. The settlement has proved itself adaptable and strong. It has given the different nations of the United Kingdom the space to pursue different domestic policies while protecting and preserving the benefits of being part of the larger United Kingdom family of nations.

We remain focused on ensuring that the interests of each nation are fully represented within our union. In the short term, leaving the EU will have a great impact on the future of devolution, including increasing the powers of the devolved legislatures and Administrations. The review of intergovernmental relations will ensure that the way the Administrations work together is appropriate for these new developments.

I am grateful to have had the opportunity to open the debate today, to reflect on the achievements of devolution and to mark the 20th anniversary of the establishment of the National Assembly for Wales, the Scottish Parliament and the renewed Northern Ireland Assembly. Our commitment to devolution is total. The cause of bringing together our United Kingdom is a noble one. It is a cause in which I know your Lordships’ House will play its full part. I look forward to listening to the debate today on these important issues. I beg to move.

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Lord Duncan of Springbank Portrait The Parliamentary Under-Secretary of State, Northern Ireland Office and Scotland Office (Lord Duncan of Springbank) (Con)
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My Lords, it has been a wide-ranging debate. I hope I can do it justice this evening but I will exercise ministerial priority in addressing two points which need to be drawn out of the overall discussion.

I address my first point to the noble Lord, Lord Hain. He raises important issues regarding our wider legacy question but also, specifically, about pensions for those who have suffered in the Troubles in Northern Ireland. I was genuinely privileged to meet the same group who he brought across and they made me think. We still await the views of the victims’ commissioner, which we anticipate imminently, but I give the noble Lord my word that we will act on them as quickly as we can. These people have waited too long and it is right that we begin the discussion tonight on that point. It is important that they hear clearly from us that they have not been forgotten and that we will move forward—within the constraints, of course, of the victims’ commissioner’s views—as best we can to address that issue.

The second issue concerns the points raised by the noble Baroness, Lady Harris, regarding police funding in the Province of Northern Ireland. I have some exact figures on that but I am aware of the late hour. It might be better to send, if I may—I see a noble Lord nodding—those figures to the noble Baroness. I will lodge the same figures in the Library, so that all can see exactly how the UK Government have responded to the needs of the security forces in Northern Ireland to address these issues. I believe they are of particular importance but I will not detain us too long this evening.

This has been a wide-ranging discussion and I will start on what is perhaps the darkest aspect of what your Lordships have touched on this evening. It concerns Northern Ireland, which is the part where devolution is not working as it should. We see the consequence of that failure of devolution day after day. I have stood here on a number of occasions and listened to noble Lords explaining and exploring the realities of an absent Executive and a dysfunctional Assembly. That reality is palpable and it is felt. It is a reminder of how important devolution is and of how important it needs to be to work well.

The noble Lord, Lord Bew, is right to remind us that there are challenges in the working of devolution. Not everything is full of smiles and roses and there is no doubt that some of the challenges in Northern Ireland bedevilled the previous Executive. A number of the big questions that they had the opportunity to address and resolve were left unresolved. I am thinking of issues around the wider abortion question and same-sex marriage, and of some of the legacy questions themselves. These were great challenges, which would have challenged the greatest minds, so perhaps it is not surprising that they have not been resolved. But it is a reminder that devolution itself does not offer a solution to all the problems, only an arena in which they can be addressed. Northern Ireland needs that arena now more than ever.

I am reminded again of the comments made on more than one occasion that had there been a functioning Executive, the comments on Brexit would have been quite different. The voices that we hear would have been different and the discussion on the elusive backstop may well have taken on a very different colour. We have missed that, which is a great tragedy not just for Northern Ireland but for everybody here in these islands. I will not comment too much on the talks, which are ongoing, but there is a hint of progress. There is a belief that we are perhaps on the track of reaching that elusive resolution to bring the Assembly and the Executive into being once again. We need to pay tribute of course to Lyra McKee. That is why the people of Northern Ireland have begun again to remind their politicians that they are but temps—that they are there for a short time and have a job to do, and that it is critical that that job be done.

A number of noble Lords have said that devolution is not a destination but a journey. It is important as we look at that journey to recognise how we came to be there. I shall not spend too long examining the history—a number of noble Lords have done that eloquently today—but it is important to remember the challenges that brought about the need for devolution: the belief that there was a disconnect between the people and those governing them. It was almost as simple as that. I listened avidly to the noble Baroness, Lady Adams, when she talked about the situation she encountered when there were only a handful of Conservative MPs in Scotland, who were at that point seeking to move things forward there. There were two ways to look at that. One was at the number but the other was at the proportion of the vote. A number of noble Lords today have noted that the systems of voting carry with them large responsibility for where we are. In the election of 1992, the SNP secured 21.5% of the vote in Scotland and got three MPs; the Labour Party gained 39% of the vote and got 50 MPs, and the Conservative Party won 25% of the vote and got only 11 MPs. So the voting procedures carry with them a high degree of problems.

A number of voting systems can be used. There is no doubt that some are more believable than others. In these islands, I think people quite like to vote people out; they like to get rid of politicians they feel have wearied them for too long. I found myself standing for the Scottish Parliament in the early 2000s. Of the six candidates, I was the only one who did not enter the Scottish Parliament; the other five did—I felt a little left out.

When I was a clerk in the Scottish Parliament, I remember an MSP telling me that he had been elected by STD. I thought, “That means sexually transmitted disease and I am nearly certain that we were not elected by that method”. STV is a complicated system; I do not think the people of the country fully understand how it works. If we are to move forward on reinvigorating devolution, we need to make sure that the process and procedures that put people into office are understood and believed in by the people. That is critical. I think it is sometimes not understood and we end up with a challenge.

It would be wrong of me to suggest that devolution has not carried with it consequences that were not perhaps foreseen. One touched on by several noble Lords today is the impact on local authorities. Across this kingdom, there have been significant impacts on local authorities as a consequence of the functioning—sometimes the dysfunctioning—of some of the Administrations. A number of noble Lords have spoken about the centralising instinct of certain Administrations, who draw in to their capital city the very thing that they have sought to take away from the capital city of London. As someone who comes from Perthshire, which is approaching the Scottish Highlands, I was always lamenting the fact that all the good things happened in Edinburgh and never seemed to get across the Tay to where I lived. Then I remember my mother telling me that everybody in Blairgowrie had something but the people in Alyth did not. It is just a matter of scale—people are always fearful that something is going on—but it is a reminder that local authorities have been squeezed in this process. We need to consider that carefully as we examine the wider devolution question.

My noble friend Lord Lindsay raised an important point: the notion of intergovernmental and inter-parliamentary connection. He strikes a chord. These are things which, on a parliamentary basis, we could take forward now. There should be opportunities not just for Members to exchange views but for members of staff, who can experience the different methods of the different institutions, also to begin that journey. There is much to be learned by that conversation. As a former MEP, I have a strong memory of how important those shadowing systems were and how important it was to be able to trade different members of staff so that they could explain to Members, who were sometimes —as we often are—a little in the dark, how an institution worked. It is important to bring about that sort of intergovernmental and inter-parliamentary approach. Much can be learned and we can avoid some of the bigger problems.

I want to touch on the wider questions of where we go next, because a lot of the discussion today has been historic, and rightly so—we are celebrating a 20th anniversary—but the question is what comes next. A number of noble Lords made the point that the devolution framework broadly existed within the EU context. There is no doubt that, as the noble and learned Lord, Lord Hope, said, things might have looked different had there not been the EU, giving a certain permission for things to be devolved and others to be retained. Again, we will have to begin to think afresh. The Government have begun this approach, we have looked at these common frameworks, and there will need to be, across a whole range of areas, functional relationships between the different Administrations to make sure that there is seamless government and that the best policies are able to be achieved and the best outcomes delivered. We are working on that process; it is not always easy.

Without wishing to delve too far into the politics, certain Administrations are less inclined toward co-operation for very difficult and very distinct reasons, and it is not always easy to bring them alongside. That is why, when we have been seeking the legislative consent Motions, we have had greater success with the Welsh Government than with the Scottish Government. We should be able to see that for what it is, and not be dismissive of the reason behind it. It is hardly surprising that a nationalist Government in Scotland would wish to see things quite differently from a more unionist-minded Government in Wales. But we need to recognise that that creates a tension within the various fora and within the different structures. We need to be aware of that and not see it as a failure of the system but recognise that, in fact, it is because different individuals in a room see an outcome quite distinctly and differently.

A number of noble Lords asked whether the British state can survive. I am much more optimistic about that. I know that we are bedevilled by Brexit just now; the challenges are real and there is no point in pretending otherwise. But the UK has undergone fundamental constitutional change over the last 20 years, and sometimes we forget how resilient it has been. We often talk about the fact that that there is no single UK written constitution, and of course that is accurate, but in truth there are a number of written documents from which our powers and our rights are drawn. That can be remarkably flexible in the way we move forward.

Some of the biggest changes we have seen in our lifetime are indeed the devolution approaches that have happened. Again, recognising the distinctions between the different parts of this kingdom, the same was not applied to each. They were allowed to grow and evolve in ways that were particular to those areas and entities. I think, therefore, that it is indeed a process; it is a journey, and we will not reach the end point. We have to ask ourselves how, then, those entities work together to make sure that the United Kingdom continues to survive and thrive and prosper, and of course allow for those who would wish it to exist in a very different format to make their points known carefully and comfortably within the systems we have created.

I am aware of a number of individuals who have constructed the system we have today. I am always reminded of Donald Dewar. I met Donald Dewar once and he was an extraordinary individual. He was very unhappy that day because fishermen had just dumped a very large bundle of rotting fish just in front of the Parliament. He was not overly impressed at meeting me because I represented Scottish fishermen. At the same time, he recognised that we were trying to make a particular point. “There shall be a Scottish Parliament” was his oft-repeated statement, but my favourite part of his opening speech to the Scottish Parliament was what came next: “I like that”. That was a nice way of putting it. It was a recognition that there was now a different way of doing things.

It is right that we are critical. We cannot and should not simply accept and celebrate devolution as if it has been a unified and wholesome success. The noble Lord, Lord Foulkes, has made a number of interventions in this House regarding the British Transport Police and he and I have been overt allies in this regard, recognising that devolution itself does not need to be a great stake through the heart of co-operation: sometimes it is about working together to find the right solution, but being accountable to the democratic bodies, whether it be in Edinburgh, Cardiff, Stormont or indeed here. If you approach the argument with a simple position, which is that, irrespective of the argument, we must have it separate, with a wall around it, you are always going to get the same outcome, which will never be satisfactory within the devolution settlement.

That is one of the great failings that we experience on a daily basis: if you simply believe that independence is the answer to every question, you are never really going to get the functioning devolution you want. If all you have is a hammer, everything looks like a nail. If all you believe in is independence, every answer will give you the same outcome. Trying to marshal that is one of the greater challenges, particularly when we are seeing some of the great difficulties that Brexit has cast on us. I am fully aware, as a number of noble Lords here will be happy to attest, that the time ahead will be most challenging. There is no point pretending otherwise. We have in our devolution structure enough robustness to allow serious debate to take place. That is important, but we must recognise that it will be tested to the extreme. That is simply a statement of fact.

I have a couple of minor points on the ongoing intergovernmental review. It is important to recognise that this is a collaboration between each of the devolved Administrations and the UK Government. That is an important point, because we are trying to find the right way of creating the right sorts of structures. As a clerk in the Scottish Parliament, I always found the JMC structures frustrating because they were so secret; you could never find out what was going on behind closed doors. I am now on the other side of the doors and I wish that there was a secret. Sometimes it is not actually as exciting as it would seem. The reality is that the JMC structures will be one of the evolving aspects of this. People need to have greater confidence that their elected representatives are doing the right thing, and transparency and accountability will be at the heart of that.

That will be particularly important as we look at the common frameworks going forward. On the magical date when we move from this limbo world to the next stage, they will become critical as we try to make sure that our United Kingdom remains united and that we are able to focus on the bread and butter issues, as we know people want. Time and time again as I stand here representing Northern Ireland I am fully aware that those issues have been set aside because the devolution settlement of Northern Ireland is not working. We are ultimately tested on how we deliver well-being and results for the people we represent. It is important that we get the right system and that we get it working well.

Lord Purvis of Tweed Portrait Lord Purvis of Tweed
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I do not wish to detain the Chamber, nor bring in any kind of division, and it is very welcome to hear that this relationship is progressing at an executive level. But would the Government be open to entertaining the possibility that there could be Members of the legislatures also involved in some of these discussions about what comes with the accountability to some of these ministerial or cross-executive discussions? Even if there are other intergovernmental relationships, there are still very few formal links between the parliaments, either in Cardiff, Edinburgh or Westminster, for parliamentarians. I know that the noble Lord cannot speak on behalf of the legislatures, but if these discussions are ongoing and the Government are willing to be open to the idea of like-minded parliamentarians, that may be positive.

Lord Duncan of Springbank Portrait Lord Duncan of Springbank
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The noble Lord is right to raise the point, but I am probably not the right person to answer it. That is a parliamentary issue, which I imagine can be taken forward if the noble Lord is minded to write to the parliamentary authorities. That might be an approach. I know that noble Lords will be very pleased to hear that I am drawing my remarks to a close—or at least I was drawing my remarks to a close.

Lord Hain Portrait Lord Hain
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I will make a brief point, and I am grateful to the noble Lord for accepting my intervention. It strikes me on Northern Ireland that half of the community is not represented in Parliament. It is not represented in your Lordships’ House and it is not represented in the House of Commons. That is partly because Sinn Féin will not take its seats—we understand that. But can the Government—and whoever is the Prime Minister when the next set of appointments is made—think about this? I would certainly be willing to talk privately. It is really important for balanced debate that this is redressed.

Lord Duncan of Springbank Portrait Lord Duncan of Springbank
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The noble Lord makes a very valid point. Now more than ever, if Sinn Féin were to have taken its seats, the difference it could have made in the other place would have been palpable. There is no question about that. The point he raises needs careful consideration. We are, I hope, a diverse Parliament in terms of representing that—particularly this House, which has history behind it. I am not saying that noble Lords are all historical, but they certainly have pedigree on the issues, and there are opportunities here that do not exist in the other place. I will reflect on that and bring it to the attention of the Secretary of State for Northern Ireland.

On that point, I hope that noble Lords will forgive me. We have had a very good discussion—but, again, it is a journey and not a destination. I am sure we will revisit this on a number of occasions in the future.

Motion agreed.