Covert Human Intelligence Sources (Criminal Conduct) Bill

Debate between Baroness O'Loan and Lord Duncan of Springbank

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Wednesday 11th November 2020 Lords Chamber

[Baroness O’Loan (CB) [V]]

The Minister stated that this is needed for the MoD and, no doubt, for the security service. It raises problems for our relations with other states. We need processes to ensure the constant flow of information. To do that, we must amend the Bill.

[The Deputy Speaker (Lord Duncan of Springbank) (Con)]

We have ironed out the gremlins with the noble Baroness, Lady Whitaker, so we will return live to her.

Northern Ireland (Executive Formation etc) Act 2019: Section 3(5)

Debate between Baroness O'Loan and Lord Duncan of Springbank

Tuesday 7th January 2020 Lords Chamber

[Lord Duncan of Springbank]

My Lords, thank you for what I hope will be the final instalment of these debates. Again, it has been wide-ranging and thought-provoking. I will seek to answer each of the points raised, but let me quickly state that my right honourable friend the Secretary of State will work through the weekend. I think he will be working through the night to try to bring together those parties for the final step that has to be taken.

The noble Lord, Lord Murphy, is correct to identify the issues that remain divisive, but other noble Lords this evening have pointed out the issues that need to be addressed. Perhaps they should outweigh the reality of what is faced with those other issues that need to be brought together. I will be very clear: the approaching deadline of 13 January is a meaningful deadline. If there is no agreement to form an Executive by the end of that day, there will have to be an election in Northern Ireland. That will bring with it the reality of purdah and various other elements but it will be the necessary step in moving this matter forward.

We have sought to extend the Executive formation period on a number of occasions, which we have discussed over the past few months. This is now the last step of the last stage, and the deadline has to be meaningful. It should crystallise thinking and ensure that for those who are casting an eye over their shoulder at the result of the last election, as they consider what will come next, it may be an issue which I hope they will use to sharpen their thinking in the last few days.

I will try to address each of the issues that were raised this evening as best I can. I will start with the noble Lord, Lord Adonis, and the question of higher education provision in Derry/Londonderry. The issue at the heart of this is a decision taken by the Executive to cap the number of students. By doing so, they created a problem for provision in Northern Ireland, which is one of the principal reasons why so many students from Northern Ireland end up being educated in the rest of the United Kingdom. That decision needs to be addressed. I have looked with some care at Ulster University’s proposal for the Magee campus for the graduate school of medicine. To coin a phrase, I believe that it is oven-ready, and I believe that it could be moved forward in short order. However, it needs an Executive, or other powers, to move it forward. Again, I believe in endorsing the view that that is the only way to ensure the indigenous retention of medical practitioners; indeed, I will look at other academic disciplines as well.

The noble Lord, Lord Hain, brings great experience to this issue. He is right to observe that the amendments proposed in the other place are cross-party and should be given due consideration either there or here when the Bill arrives. We need to be careful in looking at them and recognise where they have come from. It is important to do that very thing going forward.

On the wider issues of health and health provision, education and education provision, and social provision, as I have said before and as noble Lords have echoed this evening, the statistics in Northern Ireland are ghastly. They are dreadful. Nobody else would tolerate that; I am shocked that Northern Ireland does. It is only because of the absence of an Executive and an Assembly, where these things can be debated with the anger they richly deserve, that they have gone unaddressed for so long. That cannot go on. After the point when we have an election, whatever follows thereafter, this will need to be a priority for any incoming Executive or any responsible Government taking action in this area. That will require funding. It will require sensible administration. It will require action and it will require urgency. All those things will need to be delivered, I believe, in the first half of this year.

As to the more vexatious issues, let me start with the question of same-sex marriage. There will be two consultations, one concerned with the religious notions of the ceremony itself. Those consultations are beginning. The noble Lord, Lord McCrea, asked whether the Secretary of State will meet with the Moderator of the Free Presbyterian Church. The answer is yes, of course he will. He will meet with other religious leaders on that point because it is important that we ensure that the structures in place are cognisant of the uniqueness of Northern Ireland; Northern Ireland therefore needs to consider that. I hope that when this consultation opens, which I believe will be imminent—I am torn over using the word; you may interpret that as you wish—or very soon, such consultation will happen.

The noble Lord, Lord McCrea, also asked how children will be taught about this matter in school. That remains a devolved matter but we are in touch with the relevant department in Northern Ireland—the Department of Education—to ensure that guidance for schools is appropriate, adequate and measured. Again, that aspect is important. As I have said on this matter on a number of occasions in the past, there will be no compulsion on any individual to breach what they consider to be matters of their own conscience. That will be reflected in any guidance issued in schools and elsewhere, and is part of the ongoing dialogue.

It is important to recognise that these issues have now been broadly brought to rest. On the question of whether that should have been done in the manner that it was, I do not think that that was the ideal way of doing it either. However, as we have said about health and education and all the other issues, I am afraid that this situation is what happens when there is no functioning Executive in Northern Ireland. It is one of the consequences of that and we are living through it now.

The noble Baroness, Lady Lister, made an important point. At the moment, I cannot make any commitment in advance of the talks concluding on 13 January. I hope that they conclude positively and I hope that out of them will come the urgency of the mitigation measures mentioned by the noble Baroness. I have spoken of these matters personally with her and in this Chamber. I do not believe that they can be left unattended in the new period; progress will need to be made on them. I am afraid that I can give no further commitment on this matter but I commit to returning to the House in due course to provide a full update on it as events progress to the point where I can do so. I am also happy to meet in person on this matter in the interim period, should that prove useful.

On abortion, a number of specific issues were raised. I believe that when we have discussed these in the past, I have sought to answer them. I will try briefly to touch on some of them. The noble Lord, Lord Morrow, asked what law would be cited to protect a woman who was the recipient of a noxious substance administered by an individual to try and bring about the termination of a pregnancy. Sections 23 and 24 of the Offences against the Person Act 1861 apply not just in Northern Ireland but across the rest of the United Kingdom. There should be no instance in which this crime is left unpunished and again I stress that this would be a crime and would be punished.

On the availability and purchase of online abortion tablets and pills, it is an offence to sell these products but of course it is not an offence to buy them. I stress that these items can be bought at present. Under the previous regime, the greatest danger was that these pills would be taken by individuals who then could not seek recourse through the medical profession because they would themselves be guilty of a breach of the law. They were placed in the invidious position of taking substances which are unregulated over the internet, and would not then have recourse to medical practitioners to ensure that the consequences were dealt with in a safe environment. That is different now.

I turn to what has happened during this limbo period. It is important to stress again that there has been a slight uptake in the number of individuals who have come to England to undertake these activities. There has been no registered growth in illegal or back-street abortions in Northern Ireland, and attention has been paid to establish whether that is indeed the case. I believe that the rules I set out on the last occasion covered those matters. There is no free for all or Wild West situation in Northern Ireland. There are rules of law which govern both the practice and the administration of medical attention and so forth. I set those out in my previous statement and I will not repeat them at this moment.

I was very clear that the consultation is not about the issue of abortion in itself, but about the framework for the safe delivery of abortion as was agreed in law here. The consultation itself rightly asks specific questions regarding the nature of that framework and does not pose the fundamental questions which have been raised in the debate. It did not seek to do so and those who wish to augment their answers to the consultation were—

[Baroness O'Loan]

I think that the Minister may have misunderstood me. I asked if the consultation—I am sorry but I am too tired. Can he please remind me of where he was?

[Lord Duncan of Springbank]

I was saying that the consultation itself is specific regarding the framework for the delivery of the services themselves. However, if an individual wishes to make a wider point in the discussion, it allows that to happen, although it is not within the scope of the consideration that will result as a consequence.

[Baroness O'Loan]

My Lords, the point I wanted to make was that I was not saying that I totally rejected abortion; rather I said that it was untrammelled and unfettered abortion on demand to 12 or 14 weeks. This is not what is required by Section 9 of the Act. I apologise to noble Lords, but that was the point: it is not required.

[Lord Duncan of Springbank]

Again, the point I was making about the framework is that it is not unfettered abortion. It is seeking to apply an established process to ensure the safety of individuals and the administration of the service itself. However, the reality remains that in this limbo period, far from being a Wild West of free practice, because of the absence of the detailed framework, there has actually been a regression in that regard. Individual practitioners have not been offering that service and I believe that they will probably not do so until the guidance is clearly embedded. It is not until the point when the regulations become active that we will see a functioning regime. That is why I said that during the interim period there has been an increase in the number of individuals who are now aware of the service that is available here in England, along with the support available from the United Kingdom Government to provide both free travel and free accommodation for those who wish to undertake the procedure.

I hope that the issue of the consultation, which I believe is a straightforward one regarding the framework itself, will be considered by the relevant authorities to ensure that what is put in place is fit for Northern Ireland and its unique circumstances and that each of the elements we have touched on in the past regarding fatal foetal abnormalities or issues of rape, incest and so on are considered alongside those of the wider question of the CEDAW recommendations within the wider report. Each of these elements is still broadly part of what we seek to deliver, as we made clear when this was enacted in the latter stages of last year.

I believe that those are the principal issues have been touched on today. If there are issues that I have not touched on, I am happy to write or to meet personally to try to address any of these, but on that basis I would like to close what I hope will be the final report in this sequence. We then await progress—I hope positive progress—and I would like to be standing here very soon saying that there has been a breakthrough. If there has not been a breakthrough, Northern Ireland has been very badly let down, so I hope I am back on a positive note.

Northern Ireland (Executive Formation etc) Act 2019: Section 3(5)

Debate between Baroness O'Loan and Lord Duncan of Springbank

Thursday 17th October 2019 Lords Chamber

[Lord Duncan of Springbank]

My Lords, I begin where I think we need to begin. Everyone in this House are of the same view that we need to restore an Executive in Northern Ireland. There is no doubt about the importance of that, not just going forward, but for what could have been achieved, which we will never know. However, my right honourable friend the Secretary of State for Northern Ireland has been working tirelessly, and I am pleased that the noble Lord, Lord Murphy, has recognised that. He has been straining every sinew to try to bring the two principal parties and all the other parties together. In response to the question asked by the noble Baroness, Lady Humphreys, we have made and will make every effort to bring the five parties together to move that forward.

The challenge, however, is that the obligations of the Northern Ireland (Executive Formation etc) Act fall on the shoulders of the United Kingdom Government early next week. While the Assembly may seek to convene—I do not doubt it will do so—and while I do not doubt that there may be a broader base of attendance than might have been expected, it is unlikely to be able to deliver on those issues that some noble Lords have wished it to do this evening for the reasons raised by my noble friend Lord Caine and the noble Lord, Lord Alderdice.

I say that with some regret because we all recognise the value of that. As has been pointed out by the noble Lord, Lord Murphy, this is a time when we would have valued that information. But I do not believe that, unless we make some serious progress on Monday, we will face anything other than the reality that the United Kingdom Government will take forward their obligations. That is how the Northern Ireland (Executive Formation etc) Act was formed. We did so recognising that, once we had taken on the obligation, we would see it through to its fulfilment. Whether that is deemed right or wrong, it is the law of the land and is exactly what we will do.

I shall take some of the points in reverse, as that may be easier. In response to the question from the noble Baroness, Lady Humphreys, about donations, the issue is that none of the parties has expressed any change in its view about backdating. The sister party of the Liberal Democrats here, the Alliance Party, has pushed strongest and most consistently for backdating, but other parties, notably the DUP and UUP, were keen for this to be a point going forward. Some of the other parties did not express a view on this, but none has changed its view. I am happy to write again to the noble Baroness with more details, but in the recognition that we need to bring this area to rest. I will write on that point.

My noble friend Lord Bates kindly brought the issue back to where we need to focus, for we are here today doing something that should be done elsewhere. As a number of noble Lords have observed, we have seen a deterioration of the situation in Northern Ireland, which is much to be regretted. The political vacuum that exists now will continue to be a problem. What we are doing here today is trying to address certain issues, in but a small moment in time. In truth, until an Executive is formed and the devolution situation works, we will not have adequate governance in Northern Ireland.

I hope that the deal spoken of by the noble Lord, Lord Murphy, delivers for Northern Ireland. I hope that that happening will take away one of the principal obstacles to the parties coming back together. We should be under no illusion that Brexit has been a factor in the parties’ approach to the situation. It would be remiss of me not to point that out. I therefore hope that a deal will remove one of the stumbling blocks—not the only one—and allow those parties to return to government, but, at present, we look forward to that, rather than being certain that it will happen.

I now turn to the conspicuous and very serious issue that has been raised by a number of noble Lords. That is abortion. I state at the outset that I believe this matter should have been taken forward by a devolved Executive. I am happy to put that on record once again. It will not be so; it will be taken forward by us. We have debated this more than once, and I want to correct some of the statements that I believe have been made in error.

The five-month period we talked about is the most challenging aspect of this. At the outset, we need to recognise that abortions in Northern Ireland can take place only in a registered clinic. Some have said that this can simply be circumvented if there is but one NHS employee. That is not true. The clinic still has to be registered and the NHS employee taking part needs the permission of the NHS commissioners. That has to be done formally. Therefore, this is not carte blanche for people to create an opportunity in secret, whether in a front street, a middle street or a back street. It was not designed to be that and it will not be that.

[Baroness O'Loan]

Perhaps when the Minister gets away from the House he could look again at Regulation 5.

[Lord Duncan of Springbank]

I am very happy to state categorically that in any clinic, even if it has one NHS employee, that employee must have the permission of the NHS commissioners. I will write on this point and lodge the letter in the Library to make it very clear that we eliminate this as an issue that might percolate back to Northern Ireland in a nefarious and bad fashion. Equally, it is important to stress that, should there be an attempt by any private clinic to seek registration, it will not be a simple or quick procedure. Certain obligations must be met, and they will be met very carefully during this period. It is important to stress that anyone who seeks to open a clinic that is not registered or that operates without due diligence will be subject to the criminal law, and that law will be broken if they do that. It is important to appreciate that in Northern Ireland.

Further, any independent practitioner who might wish to set up a practice must register with the Care Quality Commission. Therefore, again, it is not simply a question of wish fulfilment; they must undertake legal obligatory steps. The premises would need to be established and investigated, and it would be necessary to ensure that they met those criteria. I note that the period that we are talking of is five months. I also note that almost anything involving bureaucracy does not get resolved in five months.

It is also important to set out very clearly that guidance has already been issued by the GMC and the royal colleges to the practitioners in Northern Ireland so that they are aware that, should we be unable to form an Executive, those are the conditions under which they will operate. Any noble Lord who wishes to see those conditions can consult the Library or go to GOV.UK. We have been very clear and transparent, ensuring that they are clear.

[Baroness O'Loan]

I am very sorry and I do not intend to interrupt the Minister repeatedly but I would like to ask whether he accepts that the GMC guidance is predicated upon the Abortion Act 1967 and the obligations of doctors under that Act. In fact, the GMC is not a regulatory body or a law enforcement body, and practitioners in Northern Ireland cannot be asked to be bound by legislation that does not apply or guidance relating to legislation that does not apply.

Irish Border: Checks and Customs Arrangements

Debate between Baroness O'Loan and Lord Duncan of Springbank

Tuesday 1st October 2019 Lords Chamber

[Lord Duncan of Springbank]

It is not the intention of this Government to have Northern Ireland treated any differently from any other part of this, our United Kingdom.

[Baroness O'Loan (CB)]

My Lords, in a situation where there is no technology to deal with the interface between the European Union and, in this case, the United Kingdom, and recognising as the Minister does the need for the economic interests of Northern Ireland and the Republic of Ireland to be protected, there must be a mechanism to allow manufacturing and trade to continue uninterrupted on 31 October and 1 November. Surely the Minister has to agree that, in the absence of other ideas—and we have not really heard any—the compromise must be a time-limited backstop which does not keep us in the European Union indefinitely, without any power to withdraw unilaterally? As I hope that the Minister is aware, the risk of attack on any physical structure, no matter where situated, is very high. Dissidents are still active, and the UVF on Sunday announced that it would continue to fight if the situation deteriorates further.

[Lord Duncan of Springbank]

The important thing to stress right now is that my right honourable friend the Prime Minister has put to the European Union, in a series of clear technical papers, different approaches that can be considered in those negotiations. He will take the full position and present that to his European Union colleagues over the weekend. Thereafter it will come to this House and the other place for a full and careful consideration.

Northern Ireland (Executive Formation) Bill

Debate between Baroness O'Loan and Lord Duncan of Springbank

Report stage (Hansard): House of Lords
Wednesday 17th July 2019 Lords Chamber

[Lord Duncan of Springbank]

My Lords, I have a large number of pieces of paper. If you will forgive me, I will just assemble them into an order I can make sense of.

As it was at earlier stages, this has been an emotive and thought-provoking discussion. I spoke earlier to, I hope, help the debate to be informed. On choreography, I always welcome people giving me the questions beforehand, because it helps me work out the answers. It really is as simple as that; it is not collusion in any sense. It may well have been that I gave the noble Baroness answers she did not like, but the point was that I knew at the outset what the questions would be.

The noble Lord, Lord Dubs, began his contribution by asking why the length of consultation could not be the same for abortion as for same-sex marriage. There is a relatively simple explanation for that. On same-sex marriage, we have established precedent in England and Wales, and in Scotland, that can be built on in a straightforward manner. What we seek to do in Northern Ireland is quite different; there is no roll-across regime we can borrow from. As a consequence, the new elements of that will require a fuller consultation. We cannot equate the two consultations, because they seek to consult on quite distinct and different elements.

I welcome the thought-provoking contribution today from the noble Baroness, Lady Finlay. She raised the issue of conscience. I know that a number of Peers have been concerned about the conscience element. As I did during previous discussions, I stress again that the conscience element must be at the heart of this. We cannot compel any practitioner to act beyond their own conscience. We must make sure that that is understood in the guidance that will be issued thereafter to all those involved in this process; that is absolutely critical.

The noble Baroness, Lady O’Loan, raised a number of issues. If she will allow me, I will do my best to do justice to them. The first, which I think I touched on the last time we discussed this, was the Sewel convention. The important thing to recognise is that under normal circumstances we shall use the Sewel convention, but I do not think there is any doubt that we are not in normal circumstances. The Sewel convention in this instance will not apply.

The question that I suspect my noble friend Lord Elton, the noble Baroness, Lady O’Loan, and others will raise is that of what happens during that limbo period when we move away from where we are now but before we have brought into play the functioning abortion regime. It is important to stress that, although we are looking at the 1861 Act and the elements we shall remove from it, during this limbo period the Criminal Justice Act (Northern Ireland) 1945 will still apply. Section 25 will still apply; this makes it a criminal offence to destroy any life of a child capable of being born. That will apply during that limbo period, until we have got to the stage where we have the newly functioning regime.

[Baroness O’Loan]

To what period does that apply? My understanding was that the legislation said “twenty-eight weeks”. I just want to clarify that.

[Lord Duncan of Springbank]

There seems to be some discussion on this, but I have the answer to that as well. There is some debate on the exact number of weeks at which a foetus will be viable, but it is around 22 to 24 weeks. The important thing to stress here is that we are not repealing that Act, and there will be no period during which there will be any sense of an opportunity or free-for-all for that aspect to be in play. It is important to recognise that. We cannot have that misunderstood as we move through.

--- Later in debate ---

[Lord Duncan of Springbank]

I heard the noble Lord, if that helps, so I understand the point that was about to be made. I welcome that and appreciate it, as indeed I appreciate the comments from the noble Lord, Lord Empey. There is no doubt that, as the consultation process unfolds, these elements will be drawn on. We cannot simply ignore them.

It is important to ensure that the regime that we bring in to Northern Ireland is human rights-compliant—that is absolutely at the heart of this—and that within those human rights remain elements of conscience and freedom of expression which we also spoke of earlier when we spoke about same-sex marriage. The amendment would also see the repeal of Sections 58 and 59 of the Offences Against the Person Act 1861, together with putting in place a moratorium against current and future investigations and prosecutions, which will decriminalise abortion in Northern Ireland, allowing terminations to take place where they fall within the framework of other existing protections and laws.

As this change will come in before the details of the new medical regulatory regime are finalised and that scheme is introduced, to mitigate the risk of abortions being carried out in circumstances that would fall outside the prospective regulatory scheme, we will ensure that appropriate measures are put in place, such as guidance issued by relevant Northern Ireland bodies, to provide legal clarity for the people affected and for the medical profession. Therefore, in answer to my noble friend Lord True’s point, our ambition is for this process to be recognised—and it will be a significant change—but to allow each step to take place in a carefully considered legal manner.

In putting in place the new regulations, it is only right that a period of consultation is taken forward, not on the question of whether this should be done but focusing on how it will be done and to seek views on the proposals for how best the recommendations of CEDAW can be implemented in Northern Ireland. That is our purpose. We appreciate that there is existing evidence supporting this type of case for reform, which we have spoken about before, such as legal judgments, domestic inquiries and international reports. We recognise those and have heard that case.

We will need to think very carefully about how we implement the CEDAW recommendations generally, including how we meet the recommendation to provide an exception in cases of rape and incest, which will require very careful consideration of the sensitive and distressing nature of these circumstances.

We will also consider all the necessary other amendments which may be required as part of the introduction of the new abortion regime. We will carefully consider the impact of Section 5 of the Criminal Law Act (Northern Ireland) 1967, including whether any amendments are required as part of the changes made elsewhere in legislation. The Government will work expeditiously between now and 21 October 2019 to ensure that all possible necessary steps are taken, but I return to the fact that I am still struggling with the ultimate deadline in the amendment. It is also important to stress at this point that our ambition is to try to realise this in a safe and secure manner for the women of Northern Ireland. That is the guiding point of this.

I was asked a question about abortions at 24 weeks. We can guarantee that no abortions will be carried out over 24 weeks. In this limbo period, it would be an offence under the 1945 Act as these would indeed be deemed to be viable, and would be children. I say that in response to the noble Lord, Lord McCrea. After the new regime, we would not introduce legislation that allowed later abortions than are taken in England or Wales. We would seek harmony.

[Baroness O'Loan]

I am sorry. I need clarity on this. It is very important. The Minister just said that, under the Criminal Justice Act (Northern Ireland) 1945 it would be a limit of 24 weeks. Is that what was said?

[Lord Duncan of Springbank]

Yes.

[Baroness O'Loan]

But the Criminal Justice Act would need amendment to get to 24 weeks.

[Lord Duncan of Springbank]

Not as I understand it, no. It would not. If I am incorrect, I will happily correct the record.

--- Later in debate ---

[Baroness Smith of Basildon]

Amendment 16 actually proposes inserting a new clause, but that is slightly irrelevant. We have had a debate on Amendment 12 and are now looking at the requirement to consult MLAs. There is something slightly uncomfortable about this. I am certainly not opposed to consultation. I think that the best consultation that we could have on this issue would be more than consultation. I would want to see the Assembly up and running and making these decisions itself—a point that the noble Lord, Lord Bruce, made. It is not just a question of taking consultation on one issue in isolation; what is really important is the process of governance, where issues are weighed against each other, talked through and looked at in detail along with other information. I fully—100%—support local decision-making and the local responsibility that goes with it, but that is not what we are talking about here.

In some ways, we are almost talking about imposing a double lock on the Government. The amendment that they want to consult on—the new law, as it will be—requires the Secretary of State to bring forward regulations in the absence of a Northern Ireland Executive. Therefore, only in the absence of an Executive would the Government be able to bring forward regulations. However, it would seem somewhat strange to then say, “We haven’t got an Executive. The Government must take the decisions, but we’ll go and consult them anyway”. That seems almost like a double lock, preventing the Government taking any action at all while the Assembly is not sitting.

If that principle were imposed across the board, it would be very difficult for there to be any governance on any issue in Northern Ireland. It would be inappropriate to put the Government in that position when the Assembly has not sat for well over two years. Therefore, despite what I think are good intentions behind the amendment, I cannot give it any support.

[Lord Duncan of Springbank]

My Lords, in many respects this has been a longer extension of the earlier debate. I almost wish that someone had asked me a question at the beginning so that I could have stood up then. In fact, the MLAs will be consulted as part of the ongoing consultation envisaged with the stakeholders. However, the difference is that they will not get a lock on that, which would mean that only a majority could help us move forward. Therefore, the views of the MLAs will be taken and heard but they will not be a determining factor in arresting progress on this amendment. It is important to be aware of that as we make progress. It is also important, as I said when we discussed this issue a longer time ago, that the scope we are discussing is the scope we have received from the other place. The criticism of proceedings in the House of Commons, and those issues, are deemed out of order in the Companion. We have to accept that what has arrived here is something that we can act on and take forward, which we must do.

It is important to stress, throughout each of our discussions on this wider question, that the Government are not seeking to take forward an abortion amendment. We have received from the other place a clear statement, by a clear majority, on a conscience issue and a free vote. For good or ill, in response to my noble friend Lord Shinkwin, the Prime Minister, in this instance, would be able to exercise her conscience in the same way as anybody else in that House. This is not the UK Government’s policy, nor is it the policy of my party, but responsibility rests with this Government to ensure that what we are able to do in moving this matter forward is safe, sound and secure. That responsibility rests with us, and that is what we have sought to do in engaging with all noble Lords throughout this process—to ensure that we are able to deliver on that.

The discussion has ranged more widely than the question of consulting with the MLAs. I do not wish to extend the debate significantly in this direction, given that one of noble Lords’ concerns has been the scope from the other place, but I will touch on a few elements. By any definition, we have to accept that the situation in Northern Ireland is dysfunctional. The devolution structures that have been put together are not working. One can argue that the structures are at fault, or that the problem rests elsewhere, but the problem we face now is that the outcome is the same no matter which you decide is responsible. The situation that we face is serious, and I do not think there is a single Member in the House tonight who would not wish to see these matters taken forward by an Assembly and an Executive in Northern Ireland. For reasons that are all too apparent, however, certain parties in Northern Ireland are not able to deliver against that instruction. That is a great shame, as we probably all agree. We all recognise that noble Lords sitting here at this late hour should not be taking these matters forward in this fashion, but we are doing so because of a failure and a fault in the system in Northern Ireland

As the people of Northern Ireland look at what we are doing here, I have a sneaking suspicion that they are sick and tired of all politicians, of all rank and measure. They are tired and weary now because they seem to be in a situation where politicians are all over them when it comes to an election, then—lo and behold —seem to disappear when it comes to the heavy lifting. They now see all politicians of all parties, of all ilk and all places, in exactly the same way. That is a terrible situation to be in, and we need to restore the confidence and trust of the people of Northern Ireland in the elected system. We need to get the Executive up and working, and get this moving forward, but that is not what we are able to do through this amendment.

The noble Baroness, Lady O’Loan, has made a passionate speech this evening, and she has received a number of emails in response to a particular letter. I am sure we all have a large number of those in our inboxes now, but the number of emails needs to be judged against the population of Northern Ireland. The population is 1.871 million, and we need to recognise that the passion of those who have responded should be applauded, but it is not a means by which we can determine the view or the will of the people of Northern Ireland; nor should we consider it so. It is an important measure, but it is not in itself an adequate measure.

The amendment before us now broadly says that the MLAs must be consulted and their response to the consultation will determine what happens next. We cannot accept the amendment, but I stress that the MLAs will be consulted, and I can go further by ensuring that MLAs receive an update on each of the aspects that noble Lords will be updated on as a consequence of the earlier amendments from the other place. If your Lordships are so minded, we can ensure that MLAs receive exactly the same information that comes from the reports we have commissioned, or are about to commission, to ensure that they are fully abreast and aware of all of these aspects. We will do all we can to engage directly with the MLAs to ensure that they are fully aware of each step. I have no problem with committing to do that now, but I cannot have a lock placed on progress on this matter. That would place the Government in the invidious position of having been, both from the other place and through our own vote this evening, in a clear position, but then having to say that they must await the views of MLAs. We cannot have that, I am afraid; it would not be appropriate. I therefore ask that the amendment be withdrawn.

[Baroness O’Loan]

My Lords, I have listened with care to everyone who has spoken. I thank noble Lords who have spoken in support of my amendments. I will address a couple of issues before I give noble Lords my decision. There is a democratic deficit. The Minister is right: people are tired of politics. That is why I did not expect a response to the letter which the noble and right reverend Lord, Lord Eames, and I drafted, yet the responses continue to come in.

Northern Ireland (Executive Formation) Bill

Debate between Baroness O'Loan and Lord Duncan of Springbank

Committee: 1st sitting (Hansard): House of Lords
Monday 15th July 2019 Lords Chamber

[The Parliamentary Under-Secretary of State, Northern Ireland Office and Scotland Office (Lord Duncan of Springbank) (Con)]

My Lords, the noble Lord, Lord Murphy, said that Parliament is losing patience. It is more serious than that. The people of Northern Ireland are losing patience with this process. In our Bill today, we seek to give a little more time—to extend the deadline that falls in August to October, with the potential for an extension onward to January. In so doing, we recognise the value of a deadline; it is required to ensure a consequence for those at the table if there is a failure. The first step, if there is indeed a failure, will necessarily be an election in Northern Ireland and thereafter, that step that none of us here would wish to take: towards direct rule.

My noble friend Lord Cormack puts forward his amendment in the correct spirit, as he always does in these matters. In many ways, I welcome what he is trying to do: he is exactly trying, as we have tried for some time, to give space for the parties in Northern Ireland to reach the necessary steps and conclusions to form an Executive. But there comes a point when you cannot keep kicking that can down the road. The parties in Northern Ireland must recognise that there can no longer be an absent Government, or a situation in which we here are called upon to do the bare minimum to keep ticking over the Government and governance of Northern Ireland.

I believe these deadlines give enough time for those parties to come together—and they are close together—and to reach the resolution they require. If they fail to do that, we will have to act. My right honourable friend the Secretary of State for Northern Ireland has today travelled back to Northern Ireland to try to move these matters forward. There can be no let-up in the pressure or, indeed, the presence. I welcome the contributions of all noble Lords in this debate and previous debates to try to move these matters forward. Ultimately, this is a matter for Northern Ireland. While I understand the sentiment behind the amendment —to give that little bit more time and that safety valve, should it still be required—unfortunately, I do not on this occasion believe that that will deliver. Only a deadline will deliver, and I believe that deadline should be sooner rather than later. I recognise the landscape in which these deadlines fall; it is not where we wish to be.

[Baroness O'Loan]

Is the Minister aware of what has happened with deadlines in the past in Northern Ireland, and that they quite simply do not work? Is he aware that the former chair of the talks, George Mitchell, said that there must be talking until they are ready to reach an agreement? That was the advice he gave to me when I was heading off as a peace envoy. We cannot set deadlines and expect peace to be made and talks and the Assembly to continue. Is the Minister aware of that?

[Lord Duncan of Springbank]

I am fully aware of that, but I am also aware of how long there has been no government in Northern Ireland, and that that cannot continue. It cannot continue because there are things that need to be done: not the issues being dealt with inside those rooms, but issues such as health, education, schools and agriculture—the list recited by the noble Lord, Lord Empey, during our last discussion on the Bill. The noble Lord, Lord Morrow, said the same thing. We cannot allow this to continue. What we need now is good governance in Northern Ireland. This is an opportunity for those parties, within the extension foreseen in the Bill, to deliver on that. If they cannot do so in that time there will be consequences, and we must address those sooner rather than later.

--- Later in debate ---

[Lord Duncan of Springbank]

My Lords, I expect that in years to come constitutional scholars will study this debate and explore many of the arguments. I suppose that it is my purpose to return us to what I hope is the principal purpose of the Bill to which this particular amendment has been appended. This Bill aims to ensure that we can restore an Executive in Northern Ireland in good time. This is a noble aim, with which I think we all agree.

We ought to start by recognising that Members in the other place have already debated and voted on these issues. Of course, the Government agree that Parliament must be kept apprised of progress towards restoring an Executive in Northern Ireland. The Government has already responded to the concerns here by agreeing to bring forward to 4 September the date by which a report will be made.

In many respects, the key issue here—which a number of noble Lords raised, for perfectly understandable reasons—is the need to keep focused on what we are trying to achieve through the reports we are discussing today. That is to ensure that Parliament is kept abreast of the ongoing aspects of the talks in Northern Ireland. However, I have stood here on many occasions and said that it would be inappropriate for me or my right honourable friend in the other place to give a running commentary. That is for one simple reason: we must give a clear and safe space in which those negotiations and talks can unfold. It is perhaps not enough for us to simply say, “Nothing to see here, move on”. We need to recognise that.

The votes were close in the other place, so some noble Lords might argue that we should give Members there an opportunity to think again. However, it is important to point out that the closest vote of all was on the addition of fortnightly reporting requirements, which the Government lost—although noble Lords are not proposing that the other place should be asked to think again on that one.

These amendments tabled by noble Lords are broadly very similar to those already rejected by the other place. They would require the initial progress report, as well as fortnightly ones thereafter, to be considered by Parliament and be subject to an approval Motion. However—again—in many respects, each element of this has nothing to do with the situation in Northern Ireland, which has necessitated the Bill in the first place.

As we speak to one another and the people of Northern Ireland, it is important that we recognise that this Bill serves a principal and singular purpose, which is to ensure that we give an Executive the appropriate space to reform.

[Baroness O’Loan]

I thank the Minister for giving way. If the Bill serves a principal and single purpose, why are the other clauses being admitted to it and why are the Government supporting them? It seems to me that this contradicts the position that the Minister has just articulated.

Northern Ireland (Executive Formation) Bill

Debate between Baroness O'Loan and Lord Duncan of Springbank

Committee: 1st sitting (Hansard - continued): House of Lords
Monday 15th July 2019 Lords Chamber

[Lord Duncan of Springbank]

If this House divides, it will be a matter of conscience. If this House divides and takes a different opinion, we will send that opinion to the other place. On that basis, I hope the noble Baroness will withdraw her amendment.

[Baroness O’Loan]

My Lords, I thank noble Lords for their contributions. I particularly thank the noble Lord, Lord Shinkwin, for a magnificent defence of those who are disabled even before they are born. As I said, I have listened carefully. I alluded to the timescale of this Bill. Second Reading was last Tuesday in the Commons; we got the amendments here on Wednesday morning. We have had a few days when Northern Ireland has been off, and now we are forced into a position in which we still do not have the government amendments for the day after tomorrow that are going to make this unworkable Bill workable. We have very little time to reconsider, think, contemplate and consider what the Government are suggesting. How terrible that the future of a generation of unborn babies should rest on these few hours in this place or the other place. I beg leave to withdraw the amendment tonight, but I reserve the right to return to the issue in future.

Northern Ireland (Executive Formation) Bill

Debate between Baroness O'Loan and Lord Duncan of Springbank

2nd reading (Hansard): House of Lords
Wednesday 10th July 2019 Lords Chamber

[Lord Duncan of Springbank]

We can provide that information in a Written Answer. That would be helpful to the House. I will lodge it in the Library and write to the noble Lord so that he has that information.

[Baroness O'Loan]

The Minister has just told us that there are very few issues still dividing the parties. Since we are effectively being threatened in this Parliament tonight, can he tell us what those issues are?

[Lord Duncan of Springbank]

I do not think anything I have said this evening should be interpreted as a threat—not in the slightest. What I am trying to ensure is understood is that these are perennial issues which we are fully aware of. An Irish language Act and a culture Act, and how these might fit together, remain challenging issues which need to be resolved. There are other, smaller issues, but these can be addressed and achieved in the right safe space in Northern Ireland. That is the ultimate ambition. It must be done by those parties in Northern Ireland.

Going back to the earlier point, there are five facilitators, not six, and they represent current and retired civil servants, but I will provide the details. I am grateful for that very helpful clarification.

The important thing to stress is that the Bill itself is, at its heart, simple. Its ambition is sensitive and straightforward. However, we are actively considering both abortion and same-sex marriage, and how we can take this matter forward, reflecting, as we are, the significant majorities, voices and views of the other place. It is important that I touch upon the issues that have come from the other place, because they have dominated much of the discussion. We need to ensure that those amendments—

--- Later in debate ---

[Lord Duncan of Springbank]

I certainly do not wish to curtail the ability of the Members in this regard, but noble Lords can lodge amendments just now. The Government have to actively engage to try to establish how they can move these matters forward. As I said at the outset, the challenge we face is that the amendments which have arrived with us have certain technical deficiencies.

[Baroness O'Loan]

I do not want to be difficult, and I thank the Minister for giving way. If I want to table an amendment, draft it on the basis of the Bill before us and then something different is produced, my amendment will be pointless. What about the report of the Constitution Committee, which said that law relating to Northern Ireland should not be dealt with in this rushed way, and that it is totally unacceptable?

[Lord Duncan of Springbank]

The noble Baroness has raised this point before, but I say again that we have received from the other place a very clear instruction and we will have to move forward within the constraints of the time available to us. I do not doubt that noble Lords will table amendments, and they will be part of a reconciled list at the time when we are having these discussions. We will seek to move them forward in a manner appropriate to this House, as we would do with any of these matters. That is our ambition. It is not our—

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Debate between Baroness O'Loan and Lord Duncan of Springbank

Committee: 1st sitting (Hansard): House of Lords
Tuesday 30th October 2018 Lords Chamber

[Lord Duncan of Springbank]

I am struck, as I gaze around the Chamber, by how many people are wearing poppies. And I am struck again by the poetry:

“Age shall not weary them, nor the years condemn”.


But of course we are talking about people who will be wearied by the passage of years and who will be condemned to live through that period—victims of a great iniquity done to them. I have spoken of the situation a number of times now with the noble Lord, Lord Hain. I will preface my remarks by saying that it is our hope that we will secure an Executive who can take this matter forward. Were I to stop with that answer, it would be inadequate, so I will not stop there but carry on.

The important issue here is that we have commissioned from the Victims Commissioner a thorough report into all aspects of this serious issue. We have asked her to expand her remit to look at not just physical but mental anguish and I am able to say today that the Secretary of State will write to the Victims Commissioner, asking her to include a date from which payments shall be made. This is not a future point but rather some point where we can be very clear going forward.

As I said, it is our hope that an Executive will take this matter forward. However, if, despite our best efforts, that Executive have not been restored by the time updated advice on a pension issue has been provided by the Victims Commissioner, the Northern Ireland Office will consider how the matter can be progressed. That is not to put it into the long grass or put it away, but to recognise that it must be progressed.

[Baroness O’Loan]

Has the Victims Commissioner indicated a date by which she might report?

[Lord Duncan of Springbank]

The Victims Commissioner has not indicated such a date, but I am led to believe that we should be able to see progress in good time, if I can use that term. It is not an answer that the noble Baroness would want. I would like to give her a date but I cannot bind the Victims Commissioner to a date.

--- Later in debate ---

[Baroness O'Loan]

The noble Lord, Lord O’Shaughnessy, told me that the Government’s position was that there would be no move on abortion by this Parliament as long as the Northern Ireland Assembly was in devolution mode. I do not think it is helpful for the noble Lord to suggest that there be a referendum on abortion in Northern Ireland at this time of night, in this Bill. Even to discuss it, I think, is most unhelpful.

[Lord Duncan of Springbank]

I hope the noble Baroness will forgive me, but I disagree with her on this. I do not think that, in opening up a discussion with the noble Lord, Lord Alderdice, we are doing anything other than recognising that there are challenges ahead, in respect of which this is but one opportunity to progress. It is not my intention that we will do any more than discuss this; indeed, it is far too great a discussion to have. Equally, this is perhaps not the correct Bill through which to do it, and this is not the right time of day to have such a detailed discussion.

I recognise a number of the points which were made by the noble Lords this evening. I am guided, in truth, by one simple fact. Clause 4 as drafted does not in any way instruct the Secretary of State to issue guidance to civil servants in Northern Ireland to disobey the law. It cannot do that in any way whatever. Given our earlier discussions about the challenges facing the civil service in Northern Ireland, perhaps this would be one burden too far, to try to encourage movement in that direction. Our purpose here is to ensure that, in recognising that Clause 4 came to us with overwhelming cross-party support from the other place, we acknowledge that that came from a democratic House. We must recognise what it represents and understand how best to take it forward. That is exactly what we will do, and we will do so carefully and in a very transparent manner. That is what is required from this particular clause. We will not be issuing guidance that seeks to undermine the letter of the law, in effect usurps it or changes it in any fashion whatever. We cannot and should not do that. I stress again that this is a matter correctly to be taken forward by the democratic Assembly of Northern Ireland.

On those points, my Lords, I hope that you will find it acceptable not to move your amendments to a vote.

Northern Ireland Update

Debate between Baroness O'Loan and Lord Duncan of Springbank

Tuesday 20th February 2018 Lords Chamber

[Lord Duncan of Springbank]

I thank the noble Lord, Lord Cormack, for his comments. As I said, nothing now can be off the table. The Trimble-Alderdice suggestions will be given due consideration. We owe it to the people of Northern Ireland to deliver better government than we have thus far managed to achieve.

[Baroness O’Loan (CB)]

My Lords, I ask the Minister whether the issues that actually matter to the people of Northern Ireland—the economy, Brexit, dealing with the past, health, education—have been discussed at all between the parties in the 400 days since we ceased to have a representative Government, or is it that for these past 400 days there has been discussion of same-sex marriage, the Irish language Act and the Ulster-Scots language Act? If it is, we are going nowhere. He has just said that there are too many avenues to explore to move to direct rule. I am not advocating moving to direct rule but the people of Northern Ireland think that ultimately there are two outcomes to this: one is devolved government, which we need, and the other is direct rule. Are there other options? Northern Ireland has become more and more divided over the past 12 months. This sectarian division has got worse and worse. I do not think re-establishing the Assembly but with non-executive powers—no powers to make decisions—would improve that situation; I think it would make it worse.

[Lord Duncan of Springbank]

I thank the noble Baroness, Lady O’Loan, for her comments. The discussions inside the room remain inside that room. I suspect that we are quite familiar with the points at issue; they stem from the questions of sustainability, culture, language and respect. But when you talk to the people of Northern Ireland, I suspect that other issues dominate their concerns, not the least of which are health, education, wider economic growth and the questions of Brexit. This is a time when the voice of an Executive is required—in fact, it is overdue—in those discussions and, again, the people of Northern Ireland are the ones who are losing out because of that situation. There is no doubt that all options are to be considered—but, at heart, we must recognise now that the people of Northern Ireland deserve a functioning Executive and that it is beholden on all the parties to deliver it. The United Kingdom Government remain committed to facilitating that dialogue in any way that they can, but we need to get off the spot and make progress.