Queen’s Speech

Baroness O'Loan Excerpts

Wednesday 28th June 2017 Lords Chamber

[Baroness O’Loan (CB)]

My Lords, I am very sorry that we are leaving the European Union. That means that we are leaving the single market and the customs union as we know them. The freedoms and benefits that they bring us and the attendant responsibilities and liabilities will no longer apply.

I sometimes think that, despite all the talk of hard Brexit and soft Brexit, there is still very little understanding of what those terms mean. However, I do not believe that in leaving we will be able to secure exactly the same benefits that the UK currently has as a member of the single market and the customs union, as the noble Baroness, Lady Hayter, has suggested. The treaties are not written like that. Indeed, were we to do so, we would have to continue to allow migration into our country, the associated benefits and the subjection to the rule of the European Court of Justice. I think it is very clear that the European Union will not entertain such an idea, so we are losing the advantages of the single market itself, to which we currently export, I believe, some £220 billion worth of trade, and all the free trade agreements which the EU has negotiated over the years.

So where does that leave us? The noble and learned Lord, Lord Brown of Eaton-under-Heywood, earlier described the EFTA option with great clarity. We could join Liechtenstein, Switzerland, Norway and Iceland in this option but we would pay a price for it. I believe that Switzerland has more than 100 bilateral agreements with the EU, which is trying to create a single framework agreement, including subjection to the European Court of Justice. I believe that Norway pays £140 a head for its access to the single market alone. It is outside the customs union but has to accept free movement and must comply with EU legislation. So, whatever we decide to do will have significant costs and disadvantages.

I want to talk about the complex and challenging issue of the border between the EU and the UK. It will have several manifestations as UK citizens move from the UK into the EU, but the most important for us in Northern Ireland is the border between the north and south of Ireland. It goes some 300 miles across the island of Ireland and has about 200 crossing points, an awful lot of which were blocked off during the Troubles, but which have now been opened completely. It is not an easy border to manage. Now we can move freely, and that freedom is profoundly important, as the figures for trade and movement across the border demonstrate. In 2016, it was reported that 37%—£3.6 billion—of Northern Ireland’s goods and services exports went to Ireland. It has become an increasingly important market for Northern Ireland. Outside the single market and the customs union, we risk facing tariffs which would make our products perhaps less competitive than those of other EU manufacturing countries or other countries.

The risk is not simply an economic one. The ability of people to move freely across the border has been a significant factor in growing that trust which has been essential to the establishment of our embryonic post-Troubles society. It has enabled a greater understanding of culture, politics—although I am not altogether sure that that is possible—sport and tourism opportunities. It has allowed the people of Ireland, north and south, to come to know each other better, and it has facilitated the peace, just as the huge sums of European peace funding and other funds have enabled the development of Northern Ireland as a whole.

Poverty, marginalisation and unfair structures were the causes of the Troubles. It is very noticeable now that in areas such as Ardoyne and East Belfast, where there continues to be significant deprivation, there also continues to be significant paramilitary activity, with people being beaten, shot and exiled and with businesses still subject to extortion. Recently, the deputy chief constable of the Police Service of Northern Ireland told us that on average, 20 police officers are still driven from their homes each year by paramilitaries, both republican and loyalist. We cannot allow a situation to develop in which the fragile economy and peace of Northern Ireland are damaged by Brexit.

So what will happen when that 300 miles of border becomes the route through which people and goods, moving freely in Europe and into Ireland, seek to enter the UK? A single journey, say, from Armagh to Monaghan, takes you across the border several times. You only know you have crossed the border because the signal on your phone changes from O2 IE to O2 UK. There seems to be agreement—other noble Lords have referred to this—between the EU, Ireland and the UK that we must avoid a new hard border. My questions for the Government are: how do we regulate a border without a physical border and can they tell us what the options are for this? Across the world, the borders I have seen have all tended to have some physical shape, and it is hard to imagine that occasional checking of a percentage of vehicles crossing the border will allow member states of the EU and the UK to be satisfied that they are collecting all the duties which are payable, and that will be important. It is equally hard to imagine that our respective security structures would not seek to regulate the free movement of peoples across the border in some way to protect us against organised crime and terrorism. We would have the common travel area, and we must maintain it, but it is not enough.

We will lose, as my noble friend Lord Jay said, the European arrest warrant and all the benefits of our current EU security structures. The fight against terrorism is not won in Northern Ireland, the global fight against terrorism is becoming more difficult, and we will have to negotiate with 27 individual states to replicate these arrangements unless the fact of our very significant contribution on this front can facilitate the negotiation of an EU-UK agreement which parallels and works in complete harmony with EU structures. Any lacunae between the UK and the EU in this context will be exploited by terrorism, in whatever form it manifests itself at the particular time.

I conclude by wishing those who are engaged in these negotiations on our behalf every success and much patience. So much rests on that for the future security and prosperity of the 28 countries of the EU—as we presently are—and for the other countries with which we trade and do business.

Northern Ireland: Political Developments

Baroness O'Loan Excerpts

Tuesday 28th March 2017 Lords Chamber

[Lord Dunlop]

I agree with the noble Lord. I have the highest regard for the Civil Service, but I am sure that we would all agree that elected politicians should be taking decisions about public services and public spending. With regard to direct rule, our experience in the past has been that, when the institutions are suspended and we move into a period of direct rule, we have not come out of that period quickly. We have seen huge progress made in Northern Ireland with 10 years of unbroken devolved government, and that is why the people of Northern Ireland voted so overwhelmingly in the last election to see those strong and inclusive devolved institutions continue.

[Baroness O'Loan (CB)]

My Lords, there seems to be no appetite for direct rule. There is no appetite for an Assembly under the current terms, and there is no appetite for the parties to get together around a table. So in those circumstances, is two weeks long enough or do we need to go well beyond Easter in terms of negotiations before we move to direct rule? I must contradict the noble Lord, from the Cross Benches—that is not a good idea.

[Lord Dunlop]

We have been able to create this window of opportunity, but it is only a window. This cannot drag on indefinitely, for the reasons that I have said. Decisions need to be taken about the budget and the allocation of the budget. As the Statement says, there is a need to set a regional rate and that binds the time period in which we are operating.

Assisted Dying

Baroness O'Loan Excerpts

Monday 6th March 2017 Lords Chamber

[Baroness O'Loan (CB)]

My Lords, there are two questions before your Lordships’ House this evening. The first is whether this House, this Parliament, wants to revisit the issue of the creation of law enabling assisted suicide in this country and the second is that posed by the noble Baroness in her Question. This House and the other place have answered the first question repeatedly in the negative.

Five of the 50 American states permit assisted suicide. Your Lordships have heard tonight of the terrible consequences of the situation in Oregon, and the other four have adopted laws only relatively recently, so there is no information on how they are working.

Analysis of the Canadian Medical Assistance in Dying Act shows that the legislation is perceived by many as fundamentally flawed because of its lack of definition and because of the uncertainty which it has created. It talks about,

“grievous and irremediable medical conditions”,

and about “serious illness”, but these basic terms give rise to widespread uncertainty and fear. There is no definition of what constitutes a relevant condition. “Grievous” and “irremediable” are not medical terms. What is an “irreversible decline in capability”? How is it to be defined? What of those suffering from mental illness? Can they make a decision? Are they capable? Are they suffering from such a decline? When is natural death “reasonably foreseeable”? There are no time limits and no proper definitions. Medical professionals are invoking their right to freedom of conscience under the law.

To legislate for assisted dying is to cross a line in the sand, making medical practitioners trained at the most fundamental levels to do no harm into dispensers of medicine which does not cure but kills. North America has little to teach us.

Northern Ireland Assembly Election

Baroness O'Loan Excerpts

Tuesday 17th January 2017 Lords Chamber

[Lord Dunlop]

I understand that my noble friend tempts me to disclose the subject matter of discussions which must necessarily be confidential. Those who have been involved in Northern Ireland for a long time know that the best chance of building trust and confidence is when discussions between the UK Government and the parties are kept confidential.

[Baroness O'Loan (CB)]

My Lords, it is with great sadness that I ask the Government two questions today. First, to what extent are the House and the Government aware of the deep distrust and dysfunction which have marked our politics for the last years? Since the last election, the Assembly has not been functioning. It has managed to pass one Act: the Finance Act is the only piece of legislation passed in the Northern Ireland Assembly. On 23 December it was announced that all our school budgets had been rejected by the education authority; our schools are in a parlous state. Yesterday, I heard that 97% of our GPs have signed resignation letters because of the parlous state of the health service. They are undated but the chairman of the General Practitioners Committee said that the situation is catastrophic. Although the Minister had to respond as he did to the noble Lord, Lord Lexden, the reality is that we all know the conditions that Sinn Fein is putting on going back into government. Therefore, we all know that there will not be a Government. We will have an election, but we will not have an Assembly. The Government must have known this; they must have been informed of this by Northern Ireland Office officials over the past year or two. What do they mean to do now to exert positive pressure to enable the people of Northern Ireland to have an Assembly which can do that which has not been done for a long time?

[Lord Dunlop]

I thank the noble Baroness. As I said in answer to a previous question, we obviously recognise the tensions that have existed and have led to a breakdown in the relationship between the main governing parties in the Executive. There are noble Lords in this House who are more experienced than I in the workings of Northern Ireland, and there have been many occasions when the parties there have faced what seemed to be insuperable challenges yet they overcame those challenges and found a way forward despite them. That is what the people of Northern Ireland now expect. It is for their political leaders to show leadership and work through the many difficult issues that need to be worked through so that we can achieve what everybody in the community in Northern Ireland wants: the continuation of strong and stable devolved institutions.

Northern Ireland: Political Developments

Baroness O'Loan Excerpts

Tuesday 10th January 2017 Lords Chamber

[Lord Dunlop]

Regarding the election, I think the Statement makes it clear that there is a risk that that does not provide the solution we are looking for and that it would deepen the divisions. That is why the Secretary of State’s immediate priority is to use the period that we have in the coming hours and days—the seven-day period—to see, in active discussion with all the political parties, whether we can find a way through this. However, the legislation is clear. If the posts are not filled within a seven-day period, the Secretary of State has to call an election. It would obviously be premature today to speculate on the precise timing, but he is clear that he has to do that within a reasonable timeframe. With regard to the Irish Government, clearly there has been close contact with the Irish Government Foreign Minister, while of course respecting the constitutional proprieties.

[Baroness O'Loan (CB)]

My Lords, it has been nearly 19 years since the Good Friday agreement and two years since the fresh start agreement. We have had an Assembly, but it has been a very dysfunctional Assembly. Part of the reason for that are the matters alluded to by the Minister in the Statement—the increased, deep tension and the breakdown of trust between the parties. Having listened to what the Minister said about the past, what are the Government going to do to enable mechanisms for dealing with the past—mechanisms devised years ago by Eames/Bradley—which would enable and encourage devolved government? I say to the Minister that the absence of mechanisms for dealing with the past leaves a reservoir of distrust, and that in part, I am quite sure, has contributed to that tension and breakdown in trust to which the Minister referred.

[Lord Dunlop]

The legacy bodies that were envisaged by the Stormont House agreement do potentially provide a viable, balanced and proportionate way forward, recognising, as I said, that the status quo is very unsatisfactory. I am sorry for repeating this again, but the reason why the Secretary of the State is so focused on using this period to talk to all the parties to see whether there is a way through these very challenging issues is precisely that we need a functioning Executive to deal with these issues such as the legacy of the past, which has proved so difficult in allowing Northern Ireland to move forward. It has been a priority for the Secretary of the State and he has been in intensive discussions with all the parties to see whether we can build that consensus. He is very conscious that we will get only one chance to do this properly and we need to build that consensus.