(2 years, 5 months ago)
Grand CommitteeThe noble Baroness, Lady Harris of Richmond, is taking part remotely. I invite the noble Baroness to speak.
My Lords, I will speak to Amendment 39, which is also in the name of the noble Baroness, Lady Ritchie. I echo what everyone has said: we wish her well and a speedy recovery. I know that, if the Minister does not tell her what she wants to hear, she will want to come back. I give him fair warning of that.
I believe this to be a reasonable and rational amendment that simply ties the charter convention already ratified by the United Kingdom into the language Bill. This charter is designed to protect and promote regional and minority languages and to enable speakers to use them in both private and public life. Furthermore, it obliges the state parties to actively promote the use of these languages—in education, courts, administration, media, culture and economic and social life—and cross- border co-operation.
The UK Government signed the charter in 2000 and it was ratified and came into force on 1 July 2001. The Government signed it in respect of Irish up to and including Article 7 of Part II and Articles 8 to 14 of Part III. As a matter of interest, Welsh and Scottish Gaelic are also registered under Part III. Scots, particularly Ulster Scots in Northern Ireland, are registered under Part II, along with Cornish and Manx Gaelic in their respective jurisdictions.
The Good Friday agreement also included a commitment to “linguistic diversity”. COMEX—the Committee of Experts of the Council of Europe—is tasked with monitoring how state parties comply with the treaty. Over five periodical reports it has been critical of the UK Government’s lack of compliance with the measures they signed up to in the convention. In its latest report to the UK Government, in March 2021, COMEX concluded:
“Therefore the Committee of Experts reiterates that an Irish Language Act would provide the basis for comprehensive and structured policy for the promotion of Irish in Northern Ireland, which would enable resolute action on the protection and promotion of Irish, in line with the United Kingdom’s undertakings under the Charter. In this context, the Committee of Experts considers that, even once the measures contained in the January 2020 agreement are enacted, there remains a need for a comprehensive Irish Language Act.”
The new clause proposed in Amendment 39 would ensure that the charter is finally included in UK legislation. I commend it to your Lordships.
My Lords, I very much welcome the probing amendments tabled by the noble Lord, Lord Murphy, and the noble Baroness, Lady Suttie, and I look forward to the Minister’s response on some of the matters to do with public authorities. I have tabled a number of amendments, but I assure noble Lords that I am not going to say very much on any of the others, apart from Amendment 4.
Amendment 4 is important because it deals with the insertion of a new concept in legislation, through new Section 78F. It would require public authorities to have due regard to a requirement to strive for promoting parity of esteem. To most noble Lords, parity of esteem will sound wonderful and superficially attractive, but I believe that it is quite dangerous in substance. This concept of parity of esteem has long been a key part of the republican agenda, used as it is to cloak nationalist political demands in the language of individual rights.
I am going to quote from something that Gerry Adams said in 1998. I know that some Members here—probably the Minister himself—will say, “Well, for goodness’ sake, that was 1998. That was a long time ago”, but I think anyone who knows what is going on in Northern Ireland knows that what Gerry Adams said in 1998 he would still say today—and other people are saying it. He said then:
“Specifically, as part of the total restructuring of relationships one of the difficult issues to be tackled is that of cultural symbols and of flags and emblems. The institutional and official ethos of the northern state is British. This has to change. We must ensure that there is parity of esteem and a just and equal treatment for the identity, ethos and aspirations of all our people. This cannot be simply an illusion. It must be the reality. The responsibility for this change rests primarily with the British government.”
He continued:
“In practical terms where British national or cultural symbols are displayed on public buildings or in working environments equal prominence should be given to Irish national or cultural symbols as an immediate expression of parity of esteem. This includes working environments associated with the exercise of public authority – Council offices, courts, police service sites, civil service offices and QUANGOs.”
It is important that these words are looked at carefully. It is not equal treatment for all persons that is being sought. Let me be clear: everybody accepts that all citizens must be treated equally, regardless of any personal characteristics or political aspiration. However, it is the identity and ethos of all people that Sinn Féin demands must have equal prominence.
Put simply, Sinn Féin does not seek equal treatment for all individuals—that is different altogether. It seeks nationalist ideas and aspirations receiving parity. It is not about parity for the messenger; it is rather about parity for the message. The reality is that this is about diluting all sovereign expressions of British identity by developing a concept that requires that Irish national symbols must be given equal public prominence. That is entirely inconsistent with the principle of consent that mandates that Northern Ireland is part of the United Kingdom until the majority votes otherwise. The Sinn Féin version of parity of esteem would require the primacy of national identity to be diluted, turning Northern Ireland, in terms of its symbolic identity, into a hybrid British-Irish state. Yet here we have new Section 78F, which transports this Sinn Féin-contrived parity of esteem concept into Northern Ireland’s constitutional status, notwithstanding its complete inconsistency with the principle of consent enshrined in Section 1 of the 1998 Act.
What will requiring having due regard to this concept open the door to? Gerry Adams’s article says that it will mean a demand for the Irish flag to fly alongside the union flag anywhere where it is flying. It will mean that a picture of the Queen will have to be balanced with some republican figure—perhaps Michael Collins, I do not know—and this could go on and on. Of course, of all public bodies, the Northern Ireland Office should see the danger of this and the potential for constant litigation trying to push the boundaries.
(2 years, 5 months ago)
Lords ChamberMy Lords, so far, I have found this debate rather depressing. The Bill has been a long time in the making. Only now we see it because the Government are utterly fed up, as are we all, with the lack of any meaningful movement on part of the DUP to engage in the formation of a new Northern Ireland Executive. The Government have therefore decided to pre-empt this impasse and require commissioners to be appointed to oversee and promote the language and culture associated with the Ulster Scots and Ulster British tradition for the Irish language, and to establish the office of identity and cultural expression. I can only hope that the powers that be will get on with these appointments as soon as possible. Can the Minister give me a timescale for this to be achieved? Through what process will these positions be appointed?
This legislation was largely based on the DUP/Sinn Féin agreement, back in 2018, which went into the 2020 New Decade, New Approach—or NDNA—deal. Three Bills were proposed, as we have heard: one on the Irish language; one for a commissioner, which I mentioned; and one to establish an office of identity and cultural expression. The DUP, having initially agreed this approach, quickly changed its mind. No doubt, it had its reasons. The UK’s international obligations were to consult the public on these proposals, but in reality the only consultation to have taken place has been on the Irish language. Can the Minister explain why this is the case? Why has consultation not taken place on the other proposed Bills? Why did the Government not fulfil their undertakings under the European Charter for Regional or Minority Languages, under the 2006 bilateral St Andrews agreement, to implement the Irish Language Act at that time? There was an obligation on them to do so.
The UK Government gave a clear warning in June last year that if legislation on the Irish language had not been introduced into the Assembly by September, they would introduce it into the UK Parliament by October 2021. The DUP has, once again, blocked its passage. We are under a duty to legislate so that we meet treaty-based obligations. The UK Government, under the Good Friday agreement, has competence to legislate in these matters and this legislation will amend the Northern Ireland Act 1998. Importantly, we see in Clause 7 that the powers can set aside the St Andrews veto, which can be used to prevent Northern Ireland Ministers taking controversial or significant decisions.
One area of possible discord might be that the Office of the First Minister and Deputy First Minister, OFMDFM, would seek to approve the Irish language commissioner’s standards. We have already heard from my noble friend about this. Can the Minister explain why that has been inserted into NDNA and retained by the current Bill? Surely, that would interfere with the commissioner’s independence. Will he also clarify something else for me? Under paragraph 2 of Schedule 1, the office of identity and cultural expression will also have a director and officers. These posts, it would appear, are to be appointed by the OFMDFM. If these persons are not in place and the Assembly not constituted, how and when will the director and officers be appointed, and by whom?
The preferred option of the Council of Europe Committee of Ministers on the introduction of the Irish language policy for Northern Ireland was that it should be taken forward through legislation, which would have provided statutory rights for Irish speakers. This Bill has somewhat watered down the commitment in the St Andrews agreement to an Irish language Act. However, it is better than nothing, albeit not strong enough to forestall political interference. Granting concurrent powers to the Secretary of State might just help prevent that; I certainly hope so.
Finally, when does the Minister propose to engage in consultation on the Ulster Scots provisions in the Bill? Will he undertake to do so immediately? Will the commissioner and officers be required to be speakers of Ulster Scots, for instance? Surely the needs and wishes of all Ulster Scots speakers should shape Ulster Scots policy. The briefing from the Northern Ireland Committee on the Administration of Justice says:
“Ulster-Scots language is spoken in different areas of Ireland by both Protestants and Roman Catholics alike”,
and that
“its constitution stipulates that it is ‘non-political and non-sectarian’.”
I hope that this legislation can now pass through this Parliament without further hindrance from any quarter.
(2 years, 10 months ago)
Grand CommitteeMy Lords, the noble Baroness, Lady Harris of Richmond, is taking part remotely. I invite the noble Baroness to speak.
My Lords, I apologise on behalf of my noble friend Lady Suttie, who is on a British Council delegation to Moscow which was delayed for a year. She has asked me to speak on her behalf. The New Decade, New Approach commitment aligned the flying of flags on designated days from government buildings in Northern Ireland with the rest of the UK, as we have heard, with regard to the Belfast agreement. The Northern Ireland Assembly was consulted about the draft proposals and agreed them.
Bringing them up to date, following the sad death of His Royal Highness Prince Philip, who had visited Northern Ireland 56 times, the draft instrument removes the need to fly the flag on his birthday, Her Majesty’s wedding day or any other day on which a designated member of the Royal Family dies. I am grateful to the Minister for laying that out. It stipulates that the union flag will be flown on the proclamation of a new monarch. The Liberal Democrats support the draft flags regulations.
My Lords, I just want to ask a couple of questions.
The Explanatory Note includes the words:
“provide that the Union flag need not be flown on the designated days”
that
“relate to a member of the Royal Family who has died.”
Surely that should be “shall not”? It would be wholly inappropriate and insensitive to fly a flag for a member of the Royal Family who is not alive.
Could I ask which members of the Royal Family are entitled to have flags flown—the children of the monarch, or those in direct line of succession? It would be useful to know. Sadly, there are members of the Royal Family for whom flags may, or perhaps may not, be flown but whose careers, as may be inevitable from time to time, perhaps do not progress as satisfactorily as one would wish and who find themselves in difficult circumstances discrediting their name. Is there provision for the removal of such members of the Royal Family from the entitlement to have flags flown?
It is surprising that there is no existing provision making it mandatory to fly our nation’s flag on the accession of the monarch, but it is gratifying to know that the situation will be rectified. Like other Conservative and Unionist Members—and the noble Lord, Lord McCrea—who have spoken in this debate, what I like most is that the regulations provide that days and times when the flag has to be flown will be consistent with formal guidance issued in respect of United Kingdom Government buildings in the rest of the United Kingdom. It is entirely right that, throughout our country on designated days, in all parts of our country—all four portions of our United Kingdom—the same flag under which we all live should be flown. It is splendid and wonderful to think that there will be days when Cardiff, Edinburgh, London and Belfast will all be flying the emblem of our great nation.
An important day approaches, Accession Day on 6 February, marking the day in 1952 when our Queen ascended the Throne. I very much hope that that great day of 6 February will be marked in a way that is so right and appropriate, with the flag of our country flying in the four portions of our United Kingdom.
(5 years, 2 months ago)
Lords ChamberI am not sure how many red lines there were. Sinn Féin must be asked somewhere else to speak for itself, I suppose. It is not for me to try to quote what I thought was wrong with its policy. All I am saying is that my sincere understanding was that it was not keen on abortion over a period of years. I used to say to the Sinn Féin people who came over, “What about your party being as progressive as it claims to be and taking a stand on abortion?”, and they did not. It has been only a fairly recent thing, since the Irish referendum got momentum. I am not sure how relevant that is to the debate here now.
We of course accept the need for these appointments to take place and regret the necessity of it being done in this way. I ask a question of the Minister which has been referred to recently. My memory of when I was a junior Minister there many years ago—it was a long time ago—was that the Government in Dublin could put forward their suggested people to be considered for public appointments in Northern Ireland. It did not mean that we took notice of it or appointed the people, but it was simply one other contribution to the mix of possible candidates we looked at for particular jobs. I wonder whether that is still the case.
Are we simply rubber-stamping reappointments of people already in posts, or are there some new appointments listed in these regulations? If so, is there an appraisal process—in other words, an equal opportunities system for interviewing and appointing people—if we are not reappointing people who would normally expect to have a second term in office?
Some of these bodies are quite important. I had involvement with several of them in my time as a Minister. I was particularly interested in the Historic Buildings Council. If I may digress slightly from the main point here, when I got to Northern Ireland, there was a mentality of, “Get rid of these old buildings. Let’s just bulldoze them away and put up new ones”. This was a long time ago and I hope that I am totally out of date. I think that that the people who argued like that—some of them did—did a total disservice to Northern Ireland. It was a job to resist the pressure to get rid of listed buildings because people said, “We’ve got to do that. They’re standing in the way of progress”. For people who support historic buildings, the skill is to say, “We’d better be clever and find a proper use for historic buildings so that they can be maintained in their historic beauty and yet are economically viable in their new situation”.
I regard some of these appointments as pretty important. I am very concerned that the people in these positions—or who will fill them, if they are new appointments—will have a real commitment to historic buildings and the other areas we are debating.
Who gets these key jobs is very important. It is so regrettable that this is where we are. It is such a massive regret that we have not been able to move forward. If I have a chance in the next debate, I would like to repeat some of the things we have said in the past about how we might move forward. In this House, saying something twice is tenable over six months but probably not in one evening. I will leave it at that.
My Lords, I thank the Minister for introducing this statutory instrument. As we have seen, with the lack of any operational Executive in Northern Ireland for the last two years, it is now necessary for Ministers here to make those key appointments to offices in Stormont and to make strategic legislative interventions to ensure good governance once again in Northern Ireland; this should have been exercised by the Executive themselves and we hope it will be again as soon as possible.
At this point, I make note of the comments of the noble Lord, Lord Empey, about the health service in Northern Ireland. It is indeed quite shocking that so many vacancies exist; we really must do something to help the situation. We have been here before. Back in February we approved the appointment functions of several key offices: the Attorney-General for Northern Ireland; the Commissioner for Children and Young People for Northern Ireland; member of the Commission for Victims and Survivors for Northern Ireland; member, chair or vice-chair of the Northern Ireland Housing Executive, et cetera. This statutory instrument adds nine other offices to those in which the appointment functions of the Northern Ireland Minister can now be exercised by the relevant UK Minister.
My noble friend Lord Bruce of Bennachie, who is unable to be present in your Lordships’ House this evening, and who spoke on these matters at the time, said that,
“effectively we are going on and on in this limbo of democratic nihilism … having to institute ad hoc measures as and when necessary to fill the gap in the absence of real political initiatives”.
He asked what practical steps the Government would take to ensure that we would not get to the end of August without having reached a position where functioning decision-making by the elected representatives of the people of Northern Ireland could return. He added that,
“a Secretary of State in a UK Government who are propped up by a hard-line unionist party in Northern Ireland is likely to find the perception of her office somewhat compromised … is it not time to find some independent authority that might bring parties together and start to identify what it would take to break the deadlock and get things back to normal?”
He asked,
“what were the criteria that made these urgent, and what other appointments are coming down the track that may require us to be back here in the very near future?”
Now we know. He continued by asking,
“what assurances can we have that there is any reasonable momentum to try to ensure that we get the political process back?”
The Minister, in response, told the House that,
“the appointments have been identified by the Northern Ireland Civil Service. The principal criterion for that identification was obviously timing”.
He said that on Friday 15 February, all the parties had gathered together in Northern Ireland for the first time in more than a year, in,
“an attempt to move things forward in a fashion which would ultimately lead to the creation of a sustainable Executive”.—[Official Report, 18/2/19; cols. 2041-45.]
Yet here we are again. The Government’s Brexit chaos is constantly distracting from the real issues affecting citizens across the UK, and the formation of a Northern Ireland Executive is crucial to stability in the region. We are deeply concerned about the progress being made towards restoration and urge the Minister to do all he can to stress the urgency of this to the Prime Minister, who obviously has other things on his mind at the moment.
We will discuss these issues in more detail in the debate to come later today, but can the Minister give any update on the Government’s efforts to make progress on the restoration of an Executive in Northern Ireland? The last time an instrument under the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 was deployed, my noble friend Lord Bruce asked the Government to think outside the box for solutions to the issues at hand. I echo this plea. Have there been any efforts to find an independent authority to try and bring the relevant parties together?
Finally, does the Minister foresee any further appointments being made in the near future? Is he confident that Parliament can prorogue without any outstanding matters to be addressed? We very reluctantly agree to this statutory instrument going forward.
My Lords, I want to speak only briefly as I hope to contribute to the later, main debate. I just want to take up the last point made by the noble Baroness, Lady Harris of Richmond. Even had we had the so-called Conference Recess, we would have been sitting throughout this week, up to and including Thursday, which would have given us time for a whole day on Northern Ireland. Would that be too much when we have the ultimate responsibility in this Parliament during the continued and deeply regrettable absence of an Executive and Assembly in Northern Ireland?
(12 years, 10 months ago)
Lords Chamber
To ask Her Majesty’s Government what assessment they have made of the final report of the Independent Monitoring Commission for Northern Ireland.
My Lords, the intent of my Question is to ensure that we do not forget about Northern Ireland and to remind the House that this is still a work in progress. We have a responsibility to ensure that a politically devolved Northern Ireland remains committed to transformation of its society. We spend a great deal of money—£14,000 million, or £14 billion—to help it through this process and it is important that we keep ourselves informed about progress. Since the 26th and final report from the Independent Monitoring Commission for Northern Ireland was presented to the House in July last year, a number of extremely violent incidents have occurred there. Although everyone must be relieved that the appalling terrorist activity has apparently come to an end, it has not completely disappeared and we must be vigilant about any recurrence.
I believe that the IMC has done a fantastic job. It was set up five years after the signing of the Belfast agreement, at a time of great turmoil in Northern Ireland. There was no real political agreement on a way forward and there was a continuing atmosphere of mistrust between political parties. As the report recognises, at the time that the IMC was set up paramilitary groups had not decommissioned their weapons and, although generally not attacking the organs of state, they were still engaged in illegal and often violent activity. Some also had strong links to political parties. Article 3 of the terms of the agreement stated that the IMC was set up,
“to carry out its functions … with a view to promoting the transition to a peaceful society and stable and inclusive devolved Government in Northern Ireland".
It had a very difficult task to perform. During its time it reported on abductions, murders, violence of a terrible nature, robberies on a grand scale—most notably that of the Northern Bank in Belfast—and ongoing feuds between paramilitary organisations.
As well as its six-monthly paramilitary reports, the IMC produced a number of ad hoc reports on various initiatives that it had undertaken, either on its own or at the behest of the Irish and British Governments, and the progress evident through these reports is remarkable. They chart the steady progression towards a normalised society. All those concerned with the IMC over the years are to be warmly congratulated on their work, bravery, dedication and commitment to the building of the very different Northern Ireland that we see today, some seven and a half years since they began their task. I pay particular tribute to my noble friend Lord Alderdice, who is unable to be with us tonight and who was a member of the IMC throughout its term of office.
The IMC’s work must, at times, have been utterly gruesome. Covering a land area not much bigger than that of my home county of North Yorkshire, Northern Ireland had four paramilitary murders and more than 200 brutal paramilitary shootings or assaults in 2005, a year after the IMC started its work. In the seven years since, there have been 21 murders and more than 800 reported casualties of paramilitary violence and a resurgence of serious violence by dissident republicans. Can the Minister tell me how many paramilitary-related incidents have taken place since the IMC's last report was published? How many incidents classed as violence have occurred in Northern Ireland in the past six months, and how does that compare with the preceding six months?
I was privileged last year to meet some of the victims of these crimes. They were cared for and supported by an extraordinary organisation called WAVE, led by a young man called Alan McBride. The organisation offers support to people bereaved of a spouse as a result of violence in Northern Ireland. I met many other truly inspirational people who are doing a marvellous job helping those afflicted as a consequence of the Troubles. My programme was organised by the Northern Ireland Human Rights Consortium, to which I owe a huge debt of gratitude for showing me the magnificent work done by these groups. They all work tremendously hard in desperately deprived areas of Belfast, which we must visit if we are to understand the difficulties that organisations face in their efforts to support those in most need.
Northern Ireland is different. Paragraph 5.6 of the report states:
“Members and former members of all paramilitary groups remain very active in non-terrorist types of crime—a bequest from the Troubles which will dog Northern Ireland for years and will require a substantial continuing effort from law enforcement agencies”.
Perhaps I may ask the Minister how many PSNI officers there are now compared with six months ago, and whether it is the Government's assessment that these numbers are sufficient to ensure the safety of the people of Northern Ireland.
We should never forget how far we have come since 2004, when there were still more than 14,000 British troops in Northern Ireland, occupying 24 bases in an area—I remind your Lordships—not much greater than that of North Yorkshire. Army personnel were based in 13 police stations, and nine sites were used for observation and communications. For 38 years there had been a regular military role in law enforcement—the largest in British military history so far—and the IMC clearly had a huge role in helping Northern Ireland overcome the terrible years of mayhem, when it seemed to many that there would never be peace. However, much still needs to be done and the Secretary of State has promised regular six-monthly reports to the House about progress towards a shared future. Is the Minister able to confirm that a report will be presented shortly?
My sincere hope is that there will be much more integrated education to enable the young people of Northern Ireland to live together, respecting each other’s cultures, instead of being separated as they have been for too long. I pay tribute to the tireless work of the noble Baroness, Lady Blood, who has been an indefatigable promoter of integrated education, as has the noble Lord, Lord Dubs. Neither of them is in their place this evening.
Finally, I will quote again from this excellent report. On page 55, in the section “Looking Ahead”, it states:
“In our view, Northern Ireland should now address its continuing issues by conferring full responsibility on its own political and other institutions. … Paramilitary violence is still a real issue. Dissident republicans are an active and serious threat, especially at the moment against members of the PSNI. … Loyalists … have yet to inspire confidence that they are capable of finally going away as paramilitary organisations, as PIRA has. Some members and former members of all groups remain heavily involved in a wide range of serious crime … presenting a challenge to law enforcement which is significantly more serious than it would otherwise have been. … Northern Ireland's political and other institutions, and the UK Government in respect of national security, therefore have a heavy continuing responsibility to complete the process whereby paramilitary groups finally cease to play a part in society. That responsibility goes wider, to the communities in which paramilitary groups still play a role. … There are some in those communities who have to learn that paramilitary groups hold back their social and economic development and that only by rejecting them and whole-heartedly supporting public and voluntary institutions and the rule of law can they fully throw off the bequest of the Troubles. … The main responsibility for dealing with these challenges rests with the Assembly, the Executive and local politicians, working in conjunction with community leaders, churches, the law enforcement and other public institutions, and ultimately with the people of Northern Ireland as a whole. … It is this inclusive leadership which must now jointly guide Northern Ireland along the rest of the road”.
My Lords, perhaps I may point out that the timing on this debate is very tight. The minute the clock shows that five minutes have elapsed, noble Lords should sit down; otherwise, other noble Lords will be denied their chance to speak.
(13 years, 11 months ago)
Lords ChamberI understand what the noble and learned Lord is saying. The position at the moment is that the Sinn Fein Members do not come here and do not claim a salary. They cannot have a salary because they do not come here. They can claim expenses because they still do constituency work: the other place agreed that that should be the case. They cannot claim £500,000: their expenses amount to somewhere in the region of £800,000.
My Lords, what happened at Stormont? Did Sinn Fein Members take an oath?
My Lords, part and parcel of the Belfast agreement is the agreement to behave in a peaceful way, with all that that means. As far as concerns allegiance, everybody who is elected to Stormont signs the roll of membership. They then designate their identity as nationalist, unionist or other: that is it. However, Ministers are required to take a pledge of office. There is a great deal more to that. It covers good faith, non-violence, peaceful and democratic means, and serving the people of Northern Ireland equally. Ministers sign up to a catalogue of things, but there is nothing that equates to an oath for Members of the Assembly.