Identity and Language (Northern Ireland) Bill [HL]
(Limited Text - Ministerial Extracts only)
Read Full debateTuesday 7th June 2022
(2 years, 6 months ago)
Lords ChamberIdentity and Language (Northern Ireland) Act 2022 View all Identity and Language (Northern Ireland) Act 2022 Debates Read Hansard Text
The Parliamentary Under-Secretary of State, Northern Ireland Office (Lord Caine) (Con)
My Lords, I apologise at the outset if my voice is a little croakier than normal: it is entirely down, I think, to four days of singing “God Save the Queen”.
Before turning to the Bill, I would like to make two brief observations. First, I associate myself and the Government with the outrage and abhorrence expressed throughout Northern Ireland in recent days at the vile videos circulating regarding the tragic killing of Michaela McAreavey in 2011. The actions of those responsible are contemptible beyond words; they are in no way representative of unionism or loyalism, and our thoughts are very much with the McAreavey and Harte families at this very difficult time.
Secondly, and on a more positive note, Northern Ireland, like the rest of the United Kingdom, has just spent four days celebrating the glorious reign, devotion to duty, integrity and selfless leadership of Her Majesty the Queen. I would like to thank all those responsible for planning events and activities that I know were enjoyed right across the community. The fact that I had messages at the weekend from people of a nationalist background expressing their admiration for the Queen is testimony to Her Majesty’s unique ability to unite people and bring them together.
The context of the Bill before the House this afternoon is the collapse of devolved government from 2017 to 2020 and the intensive efforts over almost three years to restore it. Although issues around language and identity were not the prime reason for the collapse in January 2017, during the subsequent Assembly election and beyond the capacity of these issues to poison debate and paralyse politics in Northern Ireland became all too apparent. It quickly became clear that without substantial progress on them, there was little prospect of seeing a return of the institutions that are such an integral part of the Belfast agreement that we in this Government staunchly support and uphold.
I will not detain the House with the details of the multiple phases of talks that took place during those three years. As one who played a role in the majority of them as a government adviser, I can say that it was a deeply frustrating experience that I do not look back on with any affection. It was proof, if any were needed, that it is far easier to pull down the institutions in Northern Ireland than it is to build them.
Eventually, following the 2019 general election, in January 2020 the UK and Irish Governments were able to present the document New Decade, New Approach to the main Northern Ireland parties as the basis for reforming the Executive, which duly happened. Of course, integral to New Decade, New Approach were commitments, principally though not exclusively in Annexe E, on identity and language, based on the discussions of the previous three years. Crucially, the document contained a commitment in part 2, paragraph 25 to
“respect the freedom of all persons in Northern Ireland to choose, affirm, maintain and develop their national and cultural identity and to celebrate and express that identity in a manner which takes into account the sensitivities of those with different national or cultural identities and respects the rule of law.”
As set out in New Decade, New Approach, the provisions on identity and language were to be taken forward by the restored Executive through three separate pieces of legislation, the main contents of which were published in Annexe E and in the three draft Bills prepared by the Office of the Legislative Counsel in Northern Ireland at the request of the UK Government, to support a successful conclusion to the ongoing political talks to restore the Executive. Once passed, these Acts would then become new, dedicated parts of the Northern Ireland Act 1998, reflecting the importance and significance of these issues to many people right across society.
It was always the Government’s intention and very clear preference that these provisions would be delivered by the Northern Ireland Executive and Assembly, as they are devolved matters. Regrettably, however, by the autumn of last year it became clear that this was unlikely to happen any time soon, and my right honourable friend the Secretary of State for Northern Ireland decided to take these matters forward in this sovereign Parliament of the United Kingdom. The Bill before the House today honours that commitment. It represents a balanced package of measures that faithfully implements in one piece of legislation Annexe E of New Decade, New Approach, recognises Northern Ireland’s rich diversity of identity and language, and benefits both Irish language speakers and those from the Ulster Scots and Ulster British tradition.
It comes in addition to a number of other steps being taken by the UK Government under New Decade, New Approach, as set out in the annexe on UK Government commitments to Northern Ireland. Last year, therefore, we announced £2 million in funding for Northern Ireland Screen’s Ulster Scots and Irish language broadcasting funds to help deliver more high-quality Irish and Ulster Scots broadcasting in Northern Ireland. In May of this year, the Government officially recognised Ulster Scots as a national minority under the Council of Europe’s Framework Convention for the Protection of National Minorities. At the same time, under the section of New Decade, New Approach titled, “Addressing Northern Ireland’s unique circumstances”, we made available £4 million to the Irish Language Investment Fund to support capital projects associated with the Irish language.
Turning to the Bill, Clause 1 amends the Northern Ireland Act 1998 to make provision for national and cultural identity principles and requires specific public authorities to have due regard to them when carrying out their functions. To summarise, these principles affirm the freedom of everybody in Northern Ireland to choose, affirm, maintain and develop their national and cultural identity within the law. They establish the important role of public authorities in promoting reconciliation, tolerance and parity of esteem. The clause also establishes a new office of identity and cultural expression to promote awareness and to monitor and encourage compliance with the principles outlined above. It will be a statutory body and its director will be appointed by the First and Deputy First Ministers of Northern Ireland, acting jointly. It will be able to provide funding to groups and organisations in support of the cultural and linguistic heritage of Northern Ireland.
Clause 2 amends the Northern Ireland Act to make provision for the official recognition of the status of the Irish language and the appointment of an Irish language commissioner to enhance and protect its use by public authorities when they are providing services. The commissioner, who will be appointed by the First and Deputy First Ministers, acting jointly, will develop standards of best practice to which public authorities must have due regard. These standards, intended to be “reasonable, proportionate and practical”, will have to be approved by the First and Deputy First Ministers before they can take effect. The commissioner will also monitor and promote compliance with approved standards and investigate complaints where it is claimed that a public authority has failed to comply with its obligations.
Clause 3 makes provision for the appointment of a commissioner for the enhancement and development of the language, arts and literature associated with the Ulster Scots and Ulster British tradition. They will, for example, promote awareness of Ulster Scots services provided by public authorities and provide and publish advice, support and guidance in respect of language, arts and literature. Reflecting the Government’s recent recognition of Ulster Scots under the framework convention, this advice will also cover the effect and implementation of certain named international instruments. The commissioner will also be required to investigate complaints that a public authority did not have due regard to guidance relating to facilitating the use of Ulster Scots in the provision of services to the public.
The Government are of course mindful of the potential impacts of these three new public authorities on Northern Ireland’s carefully balanced constitutional framework, including the north-south language body and human rights institutions. For that reason, all three new public authorities will be able to co-operate with and, as they deem fit, consult the various language bodies and human rights institutions in Northern Ireland as they go about their work, such as the Ulster-Scots Agency and Foras na Gaeilge, which I met in Belfast last week. This reflects the vision set out in New Decade, New Approach.
Clause 4 will repeal the Administration of Justice (Language) Act (Ireland) 1737 so that provision for the use of languages other than English in proceedings will be a matter for the Northern Ireland Courts Service to determine as and when it deems necessary. I should point out to those who might still be concerned about this that the equivalent legislation for England and Wales was repealed by Lord Palmerston in 1863.
Clause 5 amends the Education (Northern Ireland) Order 1998 to place a duty on the Department of Education in Northern Ireland to encourage and facilitate the use and understanding of Ulster Scots in the education system. Clauses 6 and 7 contain important concurrent powers and powers of direction for the Secretary of State to ensure the implementation of the commitments in this Bill. Finally, the remaining Clauses 7 to 11 deal with consequential and general provisions.
The Bill is an important milestone in the delivery of New Decade, New Approach, which was so instrumental to the restoration of devolved government in January 2020. It takes forward commitments on identity and language for the whole community in Northern Ireland. In doing so, this Government recognise the rich tapestry of identities, languages and culture which enhance, enrich and strengthen, rather than weaken, our United Kingdom.
This legislation complements and underpins this Government’s vision of a Northern Ireland which is open, inclusive and tolerant and embraces people from all parts of the community regardless of their religious belief, political opinion or racial group. This Government are and will remain steadfast in their belief in the union and Northern Ireland’s integral place within it, but recognise that, if the union is to prosper and endure, it must work for everyone. I believe that this carefully balanced piece of legislation achieves just that. In that spirit, I commend it to the House. As they say in Irish, sin é. I beg to move.
Lord Caine (Con)
My Lords, it is a great pleasure to respond to this debate, and I thank all those who have taken the time to participate this afternoon. If I may, I particularly welcome the tone and approach just shown by the noble Lord, Lord Murphy, who was a very distinguished Secretary of State for Northern Ireland, as I have said before. I agree with many of his wise words, particularly around the Belfast agreement and the need to restore the political institutions, so I thank him very much for his contribution. I cannot match the level of knowledge of the Welsh language he displayed, the knowledge of Scots displayed by the noble Baroness, Lady Suttie, or indeed the knowledge of Norwegian set out by my noble friend Lord Moylan. As a native of the West Riding of Yorkshire, it is sometimes said that we also have our own language or dialect occasionally, which I will not detain the House with.
A common thread among a number of comments, including from the noble Lord, Lord Murphy, and the noble Baroness, Lady Suttie, was the need to take the sting out of this issue. As I said in my opening remarks, I experienced the three years in which it poisoned and paralysed politics in Northern Ireland and prevented the effective functioning of the devolved institutions. One of the aims of the Bill, frankly, is to deal comprehensively with language and identity issues in a way that allows the sting to be taken out of them, allows them to be depoliticised, and prevents them paralysing politics in the way that they have previously.
The Bill takes forward a number of commitments in New Decade, New Approach and sets up a framework through which the Executive can themselves deliver the offices and the two commissioners. These commitments were clearly made for the Executive to deliver. I think it was the noble Lord, Lord Hay, who referred to funding; we are very clear that, consistent with undertakings at the time of New Decade, New Approach, this would be for the devolved Administration to take forward. They would set the funding from the very generous block grant. I remind the House that the spending review settlement from last autumn was the largest since devolution was restored in 1998-99.
It is also worth remembering, as I said at the outset, that the Bill did not suddenly appear out of nowhere. It is very firmly based on the New Decade, New Approach document, which I again remind noble Lords formed the basis of the re-establishment of devolved government in January 2020. That document was based on three years of detailed discussions and negotiations, and the Bill reflects that status. We plan to pass the legislation through Westminster for the reasons I outlined in my opening speech, but it is of course open for the Northern Ireland Assembly to take it forward, to add to it and to take it in different directions on a future occasion.
The noble Baronesses, Lady Suttie and Lady Harris of Richmond, referred to the European Charter for Regional or Minority Languages. They claimed that the Bill falls short of some of the commitments in that charter. This is the New Decade, New Approach agreement, at Annex E, being faithfully implemented. The Government support and celebrate linguistic diversity—no question of that—which is why we signed and ratified the European charter in 2001. The Bill represents a significant step forward regarding provision for Ulster Scots and the Irish language, but as I said, if the Executive wish to take things forward on a future occasion, they can.
Given some of the comments raised during debate, it is important to put on record some of the things that the Bill does not do. As I think I made clear, it does not deviate from the carefully balanced position in New Decade, New Approach, nor, I contend, favour one side of the community over the other. I strongly push back on the comments of the noble Baroness, Lady Hoey, that the Bill represents a stand-alone Irish language Act. It certainly does not. The Bill contains provisions for all parts of the community and a clear reading of it makes that apparent. It does not alter, diminish or adversely affect the status of English as the de facto language of Northern Ireland. It does not result in one language, culture or identity being elevated above or treated more favourably than any other. It does not, for example, create quotas for Ulster Scots or Irish speakers in public service roles.
Lord Caine (Con)
The noble Baroness says “Yet” from a sedentary position. The Bill, with its safeguards, makes it clear that any best practice and any schemes would have to be approved by the First and Deputy First Ministers acting jointly, one of whom, I assume, would be a unionist. That is an important safeguard.
The legislation does not make the teaching of the Irish language or Ulster Scots compulsory in schools, and it does not impose mandatory bilingual road or street signs, which will remain a matter for local councils to decide. The noble Baroness raised a number of what I can only describe as scares about the potential expansion of the Bill’s provisions, but that could come about only with the agreement of the First and Deputy First Ministers, one of whom, as I said, will, I imagine, always be a unionist.
Turning to a number of the other points, I will try to be as brief as possible. A number of noble Lords, including the noble Baroness, Lady Goudie, I think, talked about the appointments process. The public appointments process will be for the First and Deputy First Ministers and the Executive to decide; obviously there are well-established procedures in Northern Ireland for public appointments, which will have to be adhered to. We hope that once the legislation is passed, the appointments can take place as swiftly as possible, in a timely manner. However, if that is not the case, there are of course the concurrent powers for the Secretary of State to step in. A number of groups raised with me last week why there is not some time limit by which the Secretary of State is obliged to step in. I think the Government’s view is that the Secretary of State ought to retain the discretion to decide when and how to intervene, depending on the circumstances at the time.
The number of bodies to which the legislation applies is set out in the Public Services Ombudsman Act (Northern Ireland) 2016 but, again, it would be open to the First and Deputy First Ministers to add or subtract to those bodies through legislation in the Assembly.
The noble Baroness, Lady Suttie, talked about ministerial approval of Irish language standards, which I have slightly touched on already. It is a faithful implementation of New Decade, New Approach; for the sake of complete accuracy, I draw her attention to paragraph 5.8.1 of Annexe E. I have dealt with her point about the European charter.
The noble Baronesses, Lady Suttie and Lady Harris of Richmond, talked about engagement with Ulster Scots. As I mentioned in my opening speech, and as the noble Baroness kindly acknowledged, I met the Ulster-Scots Agency in Belfast last week and it was broadly supportive of the Bill’s provisions. Of course, the Government have, over a pretty lengthy period, been engaging with a large number of groups that have an interest in this legislation.
The noble Lord, Lord Browne of Belmont, talked about an imbalance in the implementation of New Decade, New Approach, as did a number of noble Lords from the Democratic Unionist Party. I just gently point out that, in addition to this legislation, the Government passed the Northern Ireland (Ministers, Elections and Petitions of Concern) Act fairly recently, at the heart of which was providing for greater resilience in the institutions of the Belfast agreement—a key demand of the Democratic Unionist Party going into the discussions after the institutions were pulled down in 2017. Very quickly we appointed a veterans commissioner and an office for veterans, and we have provided £3 million for events to celebrate and mark the centenary of Northern Ireland. There are things that the Government have done over the past two years in implementing New Decade, New Approach which have benefited all parts of the community. However, of course I accept that there is more to do.
That leads me on to the Northern Ireland protocol, raised by a number of noble Lords. The Government’s position on this has been pretty well set out by my right honourable friend the Foreign Secretary. The Government recognise very serious defects in the implementation and construction of the protocol. As I have said in this House on a number of occasions, it has diverted trade, increased burdens on business, disadvantaged consumers and led to political instability in Northern Ireland—witness the lack of a functioning Executive since February. The Government are committed to resolving those problems and, if I may put it like this, I do not think noble Lords will have to wait too much longer to find out what the Government propose to do in this respect.
My noble friend Lord Moylan mentioned road signs in the Republic of Ireland. As I have just made clear, there are no provisions in this legislation that would deal with road signs or change the existing position in Northern Ireland.
My noble friend Lord Moylan, the noble Baroness, Lady Hoey, and other noble Lords talked about our commitment to the Belfast agreement. I have been a supporter of the Belfast agreement since 10 April 1998, when it was signed. Again, I pay tribute to the noble Lord, Lord Murphy, for his key role in bringing about that agreement. But if there are no institutions functioning in Northern Ireland—no Assembly and no Executive—strands 2 and 3 do not work and the agreement begins to look incredibly thin. For that reason, the Government took action and spent three years trying to reach an agreement to get the institutions back up and running.
Baroness Hoey (Non-Afl)
During the three years when Sinn Féin brought down the Assembly, how many pieces of legislation did Her Majesty’s Government put through?
Lord Caine (Con)
We put through a number of pieces of legislation— for example, the Northern Ireland (Executive Formation etc) Act, which, if the noble Baroness recalls, gave civil servants greater powers to spend money and keep government in Northern Ireland functioning. That is just one example.
As I was saying, the commitment of this Government to the Belfast agreement remains unwavering. It is because of that commitment that we have had to intervene on occasion. I take the point from around the House that it is unfortunate when this has to happen, but the situation in Northern Ireland is not akin to that in Scotland or Wales. At times, it has been necessary for the Government to take reserved powers or, in this case, concurrent powers to ensure that the institutions stay up and running.
I have sought to deal with a number of points and am sure I have missed some. I will go through Hansard and, where I have missed anything, endeavour to write to noble Lords.