Protocol on Ireland/Northern Ireland

Baroness Ritchie of Downpatrick Excerpts

Monday 16th May 2022 Lords Chamber

Asked by

[Baroness Ritchie of Downpatrick]

To ask Her Majesty’s Government, following the result of the Northern Ireland Assembly elections on 5 May, when they will resume negotiations with the European Commission on the Protocol on Ireland/Northern Ireland.

[The Parliamentary Under-Secretary of State, Northern Ireland Office (Lord Caine) (Con)]

My Lords, the Government have been engaged in negotiations with the European Union in good faith since last summer. We are asking the Commission to go back to member states for a new mandate, but we cannot wait to fix the problems facing people in Northern Ireland resulting from the protocol. We hope that the EU’s position changes. If it does not, then it will be necessary to act.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, political stability and peace can only be protected through partnership and pragmatism in Northern Ireland. There has been mounting speculation about the Government’s proposed intentions to override parts of the Northern Ireland protocol against the express wishes of the majority of MLAs who were recently elected to the Assembly. Therefore, in this regard, can the Minister indicate whether this is correct and, if so, what format that will take? Also, will the Foreign Secretary and her team continue with negotiations with the EU on the outstanding technical issues on SPS and the customs code, to which there are solutions? I believe that is what is required to underpin political stability in Northern Ireland.

[Lord Caine (Con)]

My Lords, I am grateful to the noble Baroness, who asked me quite a number of questions there. She will know that, like her, I was a very strong supporter of the Belfast/Good Friday agreement, as are the Government. The problem that we face today is that, ironically, the protocol, an instrument that was designed to uphold the agreement, is undermining the agreement and threatening political stability in Northern Ireland: witness that we have had no First or Deputy First Minister since February and no immediate prospect of having them unless something changes. It is therefore the Government’s position that we will at some point have to make a realistic assessment of what intervention is necessary as to the precise nature of that intervention. The noble Baroness will be aware that I cannot go into any more detail today, but I do not think that she will have to wait very long.

Great Britain and Northern Ireland

Baroness Ritchie of Downpatrick Excerpts

Thursday 7th April 2022 Grand Committee

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I thank the noble Lord, Lord Lexden, for initiating this debate. I suppose it will be no surprise to him that I take a different position. I make no apology for the fact that I am a democratic Irish nationalist and want to see a new, reconciled Ireland, that would be a shared space for all. The noble Lord referred to the Good Friday agreement, and I recognise that central to that is the principle of consent, which means that nothing can happen to the status of Northern Ireland until the people so decide. The person who would make that decision is the incumbent Secretary of State at that time.

I am particularly conscious that a couple of noble Lords in this debate were resident and involved directly in negotiations for the Good Friday agreement. My noble friend Lord Murphy was Minister of State in the Northern Ireland Office at that time, while my colleague from the Northern Ireland Assembly, the noble Lord, Lord Empey, was then the chief negotiator for the Ulster Unionist Party. My colleagues in the SDLP were also actively involved.

I firmly believe in that reconciled new Ireland. It is about unifying the people in a shared, equal space, based on the principles of parity of esteem and respect for political difference, because there is, as the noble Lord, Lord Lexden, said, a substantial number of people in Northern Ireland who see themselves not as unionist but as Irish. We who declare ourselves as Irish have that aspiration but we recognise the fundamental concept of unity by consent.

I well recall that the SDLP had a policy document called Towards a New Ireland, which was written in 1972. Central to that was the issue of consent, which was fundamentally a new principle coming from democratic Irish nationalists that nothing can be done until the people so decide. It is still the same, and we were very pleased that it was enshrined in the Good Friday agreement.

The noble Lord, Lord Lexden, referred to other issues and to Airey Neave, who was his boss and the then shadow Secretary of State for Northern Ireland, I think. I recall his untimely murder. I come from a political tradition that totally rejected and abhorred violence, from wherever it came, because it was proved beyond reasonable doubt that violence never achieved anything on the island of Ireland. It simply resulted in more mayhem and destruction. The only way forward is political.

On the elections, I have been out knocking doors with my colleagues, and the cost-of-living crisis is perhaps the most important issue, along with health service waiting lists. However, we want to see the restoration of the political institutions and devolution. We want to see all the institutions working, so I come back to a fundamental point that we want to see the designation of joint First Ministers. That should have happened prior to the election because it would have de-sectarianised it. Can the Minister tell me, if not today then in writing, about progress towards such a designation?

The Future of the Northern Ireland Assembly

Baroness Ritchie of Downpatrick Excerpts

Wednesday 30th March 2022 Lords Chamber

[Lord Caine (Con)]

I am tempted to give my noble friend a one-word answer, which is yes. However, I assure him, if he needs assuring, that this Government believe, head, heart and soul, in the Belfast agreement and the devolved institutions it establishes and we wish to see the restoration of a fully functioning Executive after the Assembly election on 5 May. My noble friend will be aware that the background to my right honourable friend’s Statement of last week is the clear legal requirement placed upon him by Section 9 of the Northern Ireland (Executive Formation etc) Act 2019 regarding the commissioning of abortion services, a legal requirement which still stands.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, will the Minister use his good offices to ensure that democratic values are upheld in Northern Ireland following all the attacks on democracy this week and on those who uphold peace and reconciliation? Will he also use his good offices to ensure that the institutions are up and running following the election—that is, all the institutions according to the three-stranded approach of the Good Friday agreement—so that local decisions, as per the devolution settlement, can be made by local MLAs who understand and appreciate the issues of their constituents—

[Noble Lords]

Too long!

[Baroness Ritchie of Downpatrick]

—and that the threats to the stability of the institutions by certain parties are ended forthwith?

[Lord Caine (Con)]

My Lords, I am very grateful to the noble Baroness, Lady Ritchie of Downpatrick, and I completely agree with her points. In respect of the elections, of course people ought to be able to campaign, put up election posters and canvass without any intimidation or fear of intimidation in any part of Northern Ireland. That is part of the democratic process. On the re-establishment of the institutions, I absolutely agree with her. It is essential for Northern Ireland that all the institutions established by the Belfast agreement, under strands 1, 2 and 3, function properly and in accordance with the way they were set out in the agreement. We are fully committed to ensuring that happens after the election.

Protocol on Ireland/Northern Ireland

Baroness Ritchie of Downpatrick Excerpts

Thursday 3rd March 2022 Grand Committee

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I first thank and praise the noble Lord, Lord Jay, for securing this debate. I declare an interest as a member of the protocol sub-committee. Our chairman, the noble Lord, Lord Jay, has adequately addressed the main purpose, remit and terms of reference of our sub-committee: the scrutiny of EU legislation and the interrogation of the business and political interests that bear down on the protocol.

For me, the protocol and the political stability of the institutions in Northern Ireland are intertwined. Unfortunately, as a result of Brexit—of which the protocol is either the son or the daughter—we have had much political instability in Northern Ireland. Political negotiations will be the key. There is a need for political negotiations between the British and Irish Governments and the EU. There should be a separate negotiating process between the two Governments, who are the co-guarantors of the Good Friday agreement, to find some solutions. The Minister said to me in the previous debate on the Northern Ireland Bill that it was the Government’s intention to hold negotiations in the post-election scenario. I said to him then that it was my fear that we may not have institutions at that juncture on 6 May. It is vital for both Governments to get on with it.

I was opposed to Brexit. The protocol was negotiated by the UK Government and the EU, and I have to say that for a former Minister to decry that protocol, when he was directly involved in the negotiations, is a bit much. All that negativity impacted on our political discourse. As somebody who was directly involved in the politics of Northern Ireland and has talked to the public on the doorstep, I can say that they are just sick, sore and tired of it. They want to see a restoration of their political institutions and politicians dealing with health, education and the economy. They want politicians to work together to provide that vision: the framework that will lead to a healthy economy in this post-pandemic phase. They want people to help heal all our ills. They want to build a shared society and see the reconciliation that is reflected in the three-stranded approach of the Good Friday agreement. I hope that can come to pass. Please stop using an international agreement as a bogey person.

--- Later in debate ---

[The Parliamentary Under-Secretary of State, Northern Ireland Office (Lord Caine) (Con)]

My Lords, before responding to the debate, as I am the first Northern Ireland Office Minister to be at the Dispatch Box in either House since the tragic death of Christopher Stalford, I formally place on record the Government’s sincerest condolences to Laura, the rest of Christopher’s family and his DUP colleagues.

First, I thank the noble Lord, Lord Jay of Ewelme, for tabling this Motion. As he reminded the Committee, before my appointment last November, I had the privilege of serving under his chairmanship as a member of the Northern Ireland protocol sub-committee of the European Affairs Committee. Like colleagues from all parts of the Committee, I benefited immensely from his wise counsel and was hugely impressed by his ability to reach consensus when faced with a range of divergent views—all, of course, in the best traditions of the Diplomatic Service. I take on board the noble Lord’s comments about my right honourable friend the Minister for Europe; I will take them back. Of course, I commend the ongoing work of the sub-committee and wish it well.

I am grateful to the noble Lord for raising issues that remain of immense importance to Northern Ireland in particular but also, as we should never forget, to the rest of the United Kingdom as a whole. The Motion in his name asks

“Her Majesty’s Government what assessment they have made of the impact of the Protocol on Ireland/Northern Ireland on recent political developments in Northern Ireland.”

I will answer that in two parts, if I may: first, by looking at the situation in Northern Ireland today, including reaffirming the Government’s strong commitment to political stability; and, secondly, making a few more general comments about the problems created by the protocol and the Government’s efforts to resolve them.

I turn first to the current situation in Northern Ireland and political stability. One of the Government’s overriding objectives is, of course, the preservation and implementation of the 1998 agreement, along with its successors, and the enormous benefits that have flowed from it. Our commitment, and my personal commitment, to the 1998 agreement, the constitutional principles it enshrines, including the principle of consent, the institutions it establishes and the rights it safeguards for the whole community, remain unshakeable. It is my firm view and that of the Government that it remains the bedrock of all the progress we have seen in Northern Ireland over the last nearly 24 years.

In that context, I warmly welcome back to his place in the House the noble Lord, Lord Murphy of Torfaen, who, as he reminded the Committee, was intimately involved in those negotiations in 1998. I thank him for many of his wise words today.

This Government will never take any risks with the agreement and the relative peace, prosperity and stability it has helped to create. If I might speak personally for a moment, as one who worked in the Northern Ireland Office under Peter Brooke and Patrick Mayhew during a period of direct rule in the early 1990s, while the Troubles were still raging, I need absolutely no convincing of just how important political stability is. It is therefore profoundly regrettable and disappointing, as the noble Baroness, Lady Suttie, made clear, that for the second time in recent years we now find ourselves without a properly functioning Executive in Northern Ireland following the resignation of the First Minister on 3 February and the consequential removal from office of the Deputy First Minister.

The Northern Ireland (Ministers, Elections and Petitions of Concern) Act agreed by Parliament last month will provide some greater resilience and continuity of decision-making, including potentially after the 5 May Assembly election. But, as a number of noble Lords made clear, it is simply not an adequate substitute for a fully functioning Executive working for all the people of Northern Ireland and delivering on their priorities—not least, as my noble friend Lord Rogan mentioned, when it comes to the National Health Service, which in terms of outcomes already lagged behind the rest of the United Kingdom before the pandemic and now does so even more as we emerge from it, I hope. The noble Baroness, Lady Goudie, made a similar reference to the state of the NHS.

Another unfortunate consequence of the current situation is that the Northern Ireland Executive will not now be able to agree and pass a three-year budget this side of the election. That would have given departments such as health greater certainty to enable them to plan ahead and implement necessary reforms. Both in the run-up to and for a period after the Assembly election, Ministers will still be able to take decisions, but nothing that could be regarded as controversial or cross-cutting, which would require executive approval.

I take on board the comments of the noble Lord, Lord Murphy. The Government will continue to urge and call for the immediate restoration of a fully functioning Executive and work towards that end: an Executive able to take the necessary steps to reform the delivery of public services; to address structural weaknesses in the Northern Ireland economy, such as skills and productivity; and, of course, to tackle community divisions, which hold back society in Northern Ireland.

However, we are under no illusions that this will be an easy task—as I know from personal experience and as the noble Baroness, Lady Suttie, reminded us—either in the run-up to the Assembly election in May or in the period immediately thereafter. That is, unless we can fix the root cause of the current instability in Northern Ireland, and that is of course the other subject of today’s debate: the protocol.

The problems created by the protocol are well documented, including in the Command Paper presented to Parliament by my noble friend Lord Frost last July and, as the noble Lord, Lord Jay, mentioned, in the first report of the sub-committee, when I was a member, also last July. Many noble Lords who have contributed this afternoon have highlighted a number of particular issues with the protocol, which I acknowledge. The noble Lord, Lord Jay, set out many of them.

I heard for myself the many challenges that businesses in particular are encountering when I met representative organisations and individual businesses, including a haulage company, in Northern Ireland a few days ago. I anticipate visiting a major port in the near future to look at the situation on the ground. I was left in no doubt by the business community in Northern Ireland about the urgent need to deal with these problems.

In addition, as the noble Baroness, Lady Hoey, and my noble friend Lord Dodds of Duncairn made clear, there are important constitutional and political issues involved here, as well as issues of identity. It is clear that, in addition to the impact on business, the protocol strikes at the heart of the identity of the pro-union majority in Northern Ireland, who increasingly see themselves cut off from the very United Kingdom of which, on the basis of consent and in domestic and international law, they are an integral part. I assure my unionist colleagues that I never wish to see that position change.

In summary, the protocol has led to a diversion of trade, placed substantial additional burdens on business, disadvantaged consumers and led to societal issues, such as we witnessed in the run-up to—

[Baroness Ritchie of Downpatrick (Lab)]

I thank the Minister for giving way. Would he, along with ministerial colleagues representing the British Government, work with the Irish Government, to look at the provisions in Article 14(b) of the protocol on the North/South Ministerial Council and the implementation bodies to see whether there are immediate solutions, so that we can get past this interregnum phase and ensure that the institutions are up and running again? It is not solely the Executive that is down but the North/South Ministerial Council.

[Lord Caine (Con)]

I of course take on board the noble Baroness’s comments. We are willing to look at any pragmatic solutions to this, although I would caution that negotiations on the protocol are between the United Kingdom Government and the European Commission. The Commission represents Ireland in those negotiations, as was made clear to me by Monsieur Barnier in 2018, when I had the privilege—that is probably the wrong word—of an hour with him.

I was saying that, in summary, diversion of trade and societal problems have disadvantaged consumers and placed burdens on business. Although I accept that opinion within Northern Ireland remains divided, as the contributions of the noble Baroness, Lady Ritchie, and the noble Lords, Lord Thomas of Gresford and Lord Murphy, made clear, a protocol that does not have the support of one part of the community is simply not sustainable and durable, as my noble friend Lord Frost has said on many occasions.

As my noble friend Lord Godson and others highlighted, the blunt truth is that a protocol that was intended to preserve and protect the 1998 agreement in all its parts has now become an instrument for undermining it. Clearly, it does not work for all communities and for business in Northern Ireland, and is having a destabilising effect on politics. That cannot be an acceptable state of affairs.

A number of noble Lords referred to how we got here. If they will forgive me, I wish to focus on the present, but I will pick up on the reference the noble Lord, Lord Hannay, made to my former boss, the then Secretary of State for Northern Ireland, Theresa Villiers. I hold her in the highest regard but it was never a requirement of being a special adviser that one had to agree with one’s boss on every single issue, if I might put it like that.

It is clear that we need to remedy the problems created by the protocol, in both construction and implementation, as a matter of urgency to ensure the proper flow of goods within our United Kingdom internal market while, of course, respecting the integrity of the EU single market. We need to create the conditions in which the institutions established by the 1998 agreement can, across all three strands of that agreement, as my noble friends Lord Frost and Lord Godson made clear, be restored to their proper place and function effectively. That will of course require pragmatism and proportionality on all sides, but principally from the EU itself. For our part, and to this end, the UK Government set out in a Command Paper last year a range of constructive proposals. Of course, the EU published its four non-papers last year, which are, in the Government’s view, a step forward but fall short of what is required.

A number of noble Lords referred to the current negotiations. I am conscious of time and that I am surrounded by a number of seasoned negotiators, all of whom will, at one stage in their careers, probably have advised Ministers not to give a running commentary on current negotiations. It is not my intention to depart from that particular principle. I am sure noble Lords will understand that, although my department works closely with the FCDO, it is clearly in the lead on the negotiations. I am therefore somewhat limited in what I can say or share. Suffice it to say, as a number of noble Lords have mentioned, that intensive negotiations are continuing between my right honourable friend the Foreign Secretary and the European Commission at both ministerial and official level. While it is the case that some progress has been made, significant gaps remain.

I will finish shortly. The Government’s clear position is that, while the conditions for triggering the safeguards within the protocol were indeed met some time ago, our strong preference is to resolve our differences through agreement, if possible. In response to the comments of the noble Lord, Lord Jay, at the outset, we very much hope that agreement can be reached. Unfortunately, I cannot really give him a timetable but, as I said earlier, we are seized of the importance of fixing this, and fixing it quickly. Failing that, the Government reserve the right to take unilateral action, for which the protocol clearly allows.

As the noble Lord, Lord Jay, reminded us, as did the noble Baroness, Lady Goudie, our debate today takes place against a backdrop of the greatest threat to peace and stability in Europe for decades, and our thoughts are with the people of Ukraine at this moment and we stand side by side with them. Notwithstanding the attention and commitment that that crisis is rightly taking up—I hope I can assure noble Lords on this point—the Government will continue to engage tirelessly to fix the problems around the protocol and pursue our objectives to build a Northern Ireland where, to use a phrase I have used many times before, politics works, the economy grows and society is more united.

The UK Government have the strongest possible interest in protecting peace and stability in Northern Ireland, and, through our unwavering support for the 1998 agreement and our efforts to fix the protocol, that is what we will strive to achieve.

Northern Ireland

Baroness Ritchie of Downpatrick Excerpts

Monday 7th February 2022 Lords Chamber

[Lord Caine (Con)]

I would have to double-check, but that is not my understanding.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, critical to dealing with the post-pandemic recovery, addressing health waiting lists and making provisions for economic stability in Northern Ireland is the need to set a three-year budget and to have it ring-fenced, which requires executive decision-making and approval. The Minister will know that this cannot happen without an Executive. How will the Government—working with the Irish Government—ensure that there is immediate restoration of the Executive, and that the DUP will be told to stop their stunts and get on with the work of serving the people of Northern Ireland? What discussions did the Government have with the DUP prior to this happening last week?

[Lord Caine (Con)]

I assure the noble Baroness that the Government have been having discussions—not just with one party but with parties across the Northern Ireland Executive—in the run-up to the decision of the former First Minister last week and subsequently. She raises a very important point about the budget and, of course, one of the things that has bedevilled Northern Ireland in recent years has been the single-year budgets rather than the much longer three or four-year spending reviews that we are used to here. So far as the current situation is concerned, my understanding is that the Finance Minister can bring to the Assembly a budget for the next financial year, but she is absolutely right that it is not possible now to do a three-year budget, which would have to be a priority for an incoming Executive after the election.

Flags (Northern Ireland) (Amendment) Regulations 2021

Baroness Ritchie of Downpatrick Excerpts

Tuesday 25th January 2022 Grand Committee

[The Parliamentary Under-Secretary of State, Northern Ireland Office (Lord Caine) (Con)]

My Lords, the draft Flags (Northern Ireland) (Amendment) Regulations 2021, were laid before the House on 23 November. I hardly need to remind the Committee, given the number of noble Lords from Northern Ireland who have taken an interest over the years, that the flying of flags is a very sensitive and delicate issue. Political disagreements over these issues led to the then Labour Government here in Westminster making provision on these matters in 2000 through the Flags (Northern Ireland) Order 2000, with flag flying on government buildings in Northern Ireland becoming a matter for the Flags Regulations (Northern Ireland) 2000.

The Flags Regulations (Northern Ireland) 2000 provide that on certain designated days the union flag, and in certain circumstances other flags, must be flown from government buildings. For the purposes of these regulations, a Northern Ireland government building is a building wholly or mainly occupied by members of the Northern Ireland Civil Service. The 2000 regulations also set out a number of “specified buildings” at which the union flag must be flown on the designated days in question. These buildings were chosen as they were the headquarters of Northern Ireland government departments. In 2002, the provisions of the regulations were extended by the then Government to court buildings in Northern Ireland.

After a very long gap of 18 years, the regulations were most recently amended in 2020 to deliver on a government commitment in New Decade, New Approach, which restored a devolved Government in Northern Ireland. This commitment was clear in stating that the Government will:

“Update the Flags Regulations (Northern Ireland) 2000 to bring the list of designated flag flying days from Northern Ireland government buildings and court-houses into line with the DCMS designated days, meaning the same designated days will be observed in Northern Ireland as in the rest of the UK”.


The Government will continue to deliver on this commitment to align the designated days in Northern Ireland with the rest of the UK.

As such, the instrument before the Committee today amends the 2000 regulations in four ways. The first two of the four amendments made by these regulations reflect the updated list of designated days for flag flying observed elsewhere in our country. They do so by amending the 2000 regulations following the sad death of His Royal Highness, the Duke of Edinburgh, last April, to remove his birthday, and the wedding day of Her Majesty the Queen, as designated days. A further amendment provides for the union flag to fly on the proclamation of a new monarch. This addresses an anomaly where currently the flags regulations only make provision for half-masting in the event of the death of a member of the Royal Family or a serving or former Prime Minister, and not for subsequent full masting upon the accession of a new monarch.

I trust that noble Lords will appreciate that, as the 2000 regulations set out in law the flying of flags from government buildings in Northern Ireland, they must have regard to a wide range of possible circumstances. It is for those reasons too that the final amendment provides that the union flag need not be flown on a designated day relating to a member of the Royal Family who has died.

The 2000 flags order requires that consideration be given by the Secretary of State for Northern Ireland to the Belfast agreement when making or amending the flags regulations. I can confirm that the Secretary of State is satisfied that these regulations treat flags and emblems in a manner that is respectful of Northern Ireland’s particular circumstances, while being fully consistent with Northern Ireland’s constitutional position as an integral part of our United Kingdom. The 2000 order also requires that consideration be given to regulations ahead of them being laid by the Northern Ireland Assembly. I can confirm this took place on 8 November and want to thank the Assembly for deliberating on these regulations in a considered and thoughtful manner.

I note that the other place debated this rather technical instrument in quick order—in some five and a half minutes—on 5 January and look forward to hearing contributions from noble Lords today. In that spirit, I commend the instrument to the Committee, and I beg to move.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, first, I thank the Minister for his explanation of the very technical provisions in these regulations. They deal with very sensitive issues relating to the passing of Prince Philip and the demarcation issues around the wedding day of the late Prince and Queen Elizabeth.

While the regulations make technical amendments, it is worth noting that flags and emblems in Northern Ireland have gone to the very heart of our society and community. They also lead in very much to our divided society. Northern Ireland is a divided society where flags and emblems are used on many occasions to mark out territory, define identity and cause internecine conflict between both traditions; this situation is heightened during the marching season. I suppose there are two flags: the flag of the United Kingdom and that of the Republic of Ireland. It is important that there is respect for both traditions and that we talk in terms of mutual understanding, building a shared society and having respect for political difference. Flags should not be dragged in the gutter to make a political point. Traditions should respect the value of identity and of those flags that demonstrate identity.

There is one issue, which was also raised during the Assembly debate on this on 8 November. The Minister will recall that, at the Stormont House talks, and then with the subsequent agreement, a decision was taken to establish the Commission on Flags, Identity, Culture and Tradition. It met on many occasions and eventually presented its report to the Executive Office last year. Even though it had worked on this for a considerable time before publishing the report in December, to me the report simply kicked the can down the road. No forward plan or action plan was produced, despite a delay of some two years in the report’s publication. It concluded that paramilitary flags—which are different from the union flag and the tricolour—and murals should not be displayed, but there was no plan from the commission to deal with this. Therefore, I ask the Minister to use his good offices with the Northern Ireland Executive, and in particular the Ministers in the Executive Office, to find out when they will bring forward a plan and when they will have discussions with the Government, under the strand one commitments of the Good Friday agreement, to deal with these issues. I am in no doubt that, to build that shared society, we require mutual understanding, reconciliation and, above all, respect for political difference.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, I thank the Minister for his clear outline of the purpose of the legislation and his explanation of the provisions in it. It deals with some necessary amendments demanded to meet life’s realities. I once again pay tribute to His Royal Highness Prince Philip, the Duke of Edinburgh, who not only gave sterling service to the nation but had a particularly important role in promoting relationships within Northern Ireland, especially through participation in the Duke of Edinburgh’s Award scheme.

These amendments remove Prince Philip’s birthday and Her Majesty the Queen’s wedding day from the list of designated days to fly the union flag. I regret this is necessary, but I accept its reality. It is also vital that we prepare for the death of our monarch, and in my heart I say, as I have often sung, “Long may she reign”. We are so privileged to have as our monarch the most remarkable woman in the world, whose integrity and strength of character have shone brightly in even the most difficult of circumstances. Her example is one that we all should seek to emulate.

I will make a few other remarks in the light of what was said by the noble Baroness, Lady Ritchie of Downpatrick. I want to make it clear that there are not two flags for Northern Ireland; there is one—the flag of the United Kingdom. I respect the flag of the Irish Republic for what it is: the flag of the Irish Republic. I live in an area in which every day I face travelling down the road with a flag of a foreign country being flaunted in my face. That is in a neighbourhood where many people were murdered by the IRA. I believe, from the remarks that have already been made, that all noble Lords acknowledge that flags and emblems are a sensitive issue in Northern Ireland. In reality, flags are important to the lives of the people of Northern Ireland, especially bearing in mind that many innocent people’s lives were taken to preserve our position within the United Kingdom. They were murdered because they believed in that reality.

However, before noble Lords today is a provision of reality. I therefore accept it. I regret only the limit to the designated days, because I would be delighted if our flag was flown across this United Kingdom every day and was looked on not as something divisive, but in acknowledgement of the great blessings and benefits it has brought to the people of all Northern Ireland.

Northern Ireland (Ministers, Elections and Petitions of Concern) Bill

Baroness Ritchie of Downpatrick Excerpts

Report stage
Wednesday 19th January 2022 Lords Chamber

Moved by

[Baroness Ritchie of Downpatrick]

1: After Clause 2, insert the following new Clause—
“First Minister and deputy First Minister to be referred to as Joint First Ministers
The First Minister and deputy First Minister elected under the Northern Ireland Act 1998 are to be referred to as Joint First Ministers, and all references in that Act (other than to their election) to the First Minister and deputy First Minister are to be read as references to the Joint First Ministers.”Member’s explanatory statement
This new Clause provides that First Minister and deputy First Minister be referred to as Joint First Ministers reflecting their identical status, powers and responsibilities.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, Amendment 1 is in my name. I also support Amendment 2 in the name of the noble Lord, Lord Empey. Amendment 1 would provide that the

“First Minister and deputy First Minister be referred to as Joint First Ministers reflecting their identical status, powers and responsibilities.”

At Second Reading, I indicated that the Good Friday agreement provided a level of hope and expectancy back in May 1998, and that we in Northern Ireland want

“to use the architecture of the Good Friday agreement to work together in partnership, reconciliation, parity of esteem and respect for difference. Those are the kernels we urgently need to build the political stability and resilience of government.”—[Official Report, 29/11/21; col. 1234.]

We need to revert to that position through the title of Joint First Minister for the good delivery of policies, for proper identification, for equality, for reconciliation and, in terms of that good delivery of policies and operational matters, for the people of Northern Ireland. Why do I say that? To recreate that hope and sense of fairness and equality that we all felt back in 1998.

Central to the Good Friday agreement were consensus and the principle of consent. As I said, the agreement contained the infrastructure and architecture that provided the framework for people to work together with respect, mutual understanding, trust and confidence in each other. Those basic principles were also discussed at St Andrews but there was a change of emphasis in terms of the appointment of the First and deputy First Ministers, as the noble Lord, Lord Empey, will refer to when he introduces his amendment.

Now, we need to build on this Bill and return to that vision of 1998, which created the infrastructure and architecture to manage differences and realise a better shared future based on partnership and working together in Northern Ireland. It is important that we revert to the spirit of the 1998 agreement. I believe that this amendment in my name, to which the noble Baroness, Lady Suttie, has added her name, would ensure that the Joint First Ministers are classified as such to demonstrate that they have identical status, powers and responsibilities. I firmly believe that this would confer on the people of Northern Ireland the sense of responsibility that the Northern Ireland Executive have, and it would help them to see people physically and ethically working together because, to all intents and purposes, both posts are equal. This also needs to be reflected in the way they are elected, hence my support for the amendment in the name of the noble Lord, Lord Empey.

Both amendments would provide a solution to the Government in that they would de-sectarianise the Assembly election coming up on 5 May; diminish the focus of the election on, “Make me First Minister and do not let that other party and them ones get in”; and ensure that the election concentrates on health, post-pandemic recovery, jobs, education, the economy and improving the lives of people, which is what politics should be about and which we discuss in this House and the other place on a day-to-day basis.

I note that the Minister indicated in Committee that he was sympathetic to the intent and import of this amendment but felt that, at this stage, the Bill was not the “right vehicle” as it is about the legislative commitments in New Decade, New Approach. In the past week, we have seen other commitments that were definitely outwith that agreement that were going to be made but, as I understand it, will now not be made. What is the position of the Government now? Are they and the Minister acting on their behalf prepared to accept this amendment, which would help to stabilise the institutions, diminish the volatile situation and further prevent the instability that currently exists or could exist in a post-election sphere?

If the Government cannot accept this amendment today, can the Minister give other types of assurances to your Lordships’ House about how it can be, shall we say, discussed or legislated for in terms of negotiations in the future?

I have a word of warning. My belief and understanding is that things may not be all that settled in the post-election sphere and that, therefore, it may be better to do things at this juncture to bring about that necessary political stability. In that vein, I beg to move.

[Lord Hannan of Kingsclere (Con)]

My Lords, I have a great deal of sympathy with the amendment that the noble Baroness, Lady Ritchie of Downpatrick, just moved, and I say that as somebody who was not a fan of the Belfast agreement when it was signed. I opposed it, I hasten to add, not on orange or green grounds but on democratic grounds—being Ulster Catholic on one side and Scots Presbyterian on the other, I always felt I had a bit of a personal stake in power-sharing. However, I did not like the way that there was no proper opposition, the way it enshrined all the parties being in office, and the implication that things would become a scramble to reward supporters of those parties with public sector positions. I lost that argument—Northern Ireland went in a different direction and there is now a consensus behind it.

However, having gone down that road, it seems, as the noble Baroness says, that this is closing a loophole. We have decided to create these two positions as effectively coequal. The only difference between them is one of nomenclature, and if that is causing a sense of inequality or, if you like, forced competition in elections, as the noble Baroness said, it seems a quite small alteration that this amendment would address. Of course, I understand that the Bill is primarily about something else but I reiterate her call and hope that my noble friend the Minister will keep it under consideration.

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[The Parliamentary Under-Secretary of State, Northern Ireland Office (Lord Caine) (Con)]

My Lords, I am grateful to everybody who has spoken in this debate. If the noble Baroness, Lady Smith of Basildon, said one thing that is incontestable, it is that this has been a very wide-ranging debate indeed. Following the comments of my noble friend Lord Empey, I might try to do something which seems increasingly unfashionable in the House these days, which is to stick to the Standing Orders and confine my comments to the amendments before the House, and not repeat at length arguments and debates that have taken place in Committee and on Second Reading.

The issues covered in the amendments before us were debated at length in Committee on 13 December. As I made clear at the time, I am not without a great deal of sympathy for the amendments of the noble Baroness, Lady Ritchie of Downpatrick, and my noble friend Lord Empey. Indeed, I am on record over a number of years as saying that I prefer the 1998 model of appointing the First and Deputy First Ministers, which was subsequently changed at St Andrews. I do not for one second doubt the sincere motives of the noble Lord, Lord Hain, in seeking the agreement which he achieved in 2006 and implemented in 2006-07, but my personal preference is always for the parallel consent model of 1998.

As a number of noble Lords have said, a cardinal principle of the political process and the implementation of agreements in Northern Ireland since the mid-1990s has been the sufficient consensus rule. My noble friend Lord Dodds of Duncairn made that point very powerfully, as did my noble friend Lord Bew. The sufficient consensus rule means that any significant changes to or departures from those agreements require the support of parties representing majorities of unionism and majorities of nationalism. Indeed, that is how we got the Belfast agreement in the first place.

As some noble Lords have mentioned, this Bill is about implementing New Decade, New Approach. I was involved in a lot of the discussions between 2017, following the collapse of the institutions after the resignation of Martin McGuinness, and July 2019. In fact, to digress for just a second, I was very grateful to the noble Lord, Lord Hain, for his kind words absolving me of any responsibility for the actions of a number of Conservative Secretaries of State. He then made the exception of Julian Smith—who, of course, was the only one I did not work for, but I take his comments in the spirit in which I hope they were intended.

As I said, this is about New Decade, New Approach. During the discussions that formed the basis of that document, a number of these issues were raised. There was not sufficient consensus, and they did not appear in the final document.

I say to the noble Baroness, Lady Suttie, that none of this is to say that the Government have a closed mind to change in future. The Belfast agreement has not stayed set in stone over the years: there were changes at St Andrews and at Stormont House. Indeed, I was interested to hear my noble friend Lord Hannan say that one of the reasons he was opposed to the Belfast agreement was the lack of opposition. Actually, in the Stormont House agreement—the fresh start agreement—and subsequently in New Decade, New Approach, there are provisions to facilitate the functioning of a proper opposition within the Assembly. So, things do not always remain static. We are open to change so long as those changes are consistent with the underlying and enduring principles of the Belfast agreement, which have to be based around inclusive power-sharing government.

In asking the noble Baroness to withdraw her amendment and my noble friend Lord Empey not to move his, I will give a clear commitment from the Dispatch Box: these issues are not going to go away, and after the election, whatever the outcome might be, I and the Government are very happy to have discussions with the political parties to test the appetite for any further reforms along the lines suggested in this afternoon’s debate. In that spirit, I ask the noble Baroness, Lady Ritchie, to withdraw her amendment.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I thank all noble Lords who have contributed to this rather omnibus, wide-ranging debate. It has referred to the contents of the amendments, and to matters of a very raw political nature that are outwith the responsibilities of this technical Bill, which nevertheless has great political implications for all of Northern Ireland.

In this wide-ranging debate we have had those who support the amendments and those who do not, but I would like to think that all of us in this House want to see peace, stability and reconciliation, and proper partnership government in Northern Ireland that delivers for all the people on education, health and the economy.

Various contentious issues were mentioned in this debate, such as the protocol, which we will come to later. Noble Lords also mentioned the past and legacy issues, which very much need to be resolved. We also mentioned cultural and Irish language issues. I am a Gaeilgeoir; I did Irish at school and attended the Irish college in Donegal in two separate summers, because my mother wanted me to. But I believe in that element of diversity, and I believe in respect for political difference, ethnic difference and racial difference. I would like to see that right across the community.

Therefore, I am pleased that the Minister has indicated he is not without sympathy for these amendments and that the Government intend to come back, post election, and have discussions with the parties in the Northern Ireland Assembly to further explore the appetite for these issues. But I offer a note of warning. Because the political situation is particularly fragile—as referred to by the noble Lord, Lord Hain, and others—my fear is that we may not have those political institutions in a way that is enduring, or capable of delivering for people in Northern Ireland in a post-election sense. That is because of all the turmoil, not necessarily but mostly around the protocol, and other political issues that have sought to threaten those very institutions.

It is very important that we do not walk away from these issues. In view of the Minister’s commitments at this stage, I beg leave to withdraw the amendment but point out that I will return to these issues. I hope that in those negotiations, although they relate to strand 1, the Irish Government—as the other co-guarantor of the agreement—are involved as well.

Amendment 1 withdrawn.

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[Lord Lexden (Con)]

Having warmly supported the noble Lord, Lord Coaker, at Committee stage, I welcome the fact that we are to have regular six-monthly reports on the commitments which the British Government gave in the New Decade, New Approach document. It is very important that this House is made fully aware of what our Government here at Westminster is doing, working closely with the devolved Executive and Assembly, to secure progress in Northern Ireland. These six-monthly statements will bring home to us the extent to which the British Government are, we hope, working successfully.

As for the Irish Republic, I would welcome—and I am sure the House would welcome—news of developments which assist both sides of the border in social and economic co-operation. That is what we all welcome. But I hope that nothing will be forthcoming that intrudes on British sovereignty over Northern Ireland; that matters above all. So I welcome very much the six-monthly reports—and I hope they will the subject of debate in this House from time to time—to show how progress is being made in Northern Ireland with the assistance of our Government in co-operation with the Executive and the Assembly.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I support what the Minister said, particularly in relation to the commencement date being fixed in legislation. I also support my noble friend Lord Coaker in relation to the reports on the New Decade, New Approach implementation period.

I am conscious of the devolution settlement, but I am also conscious of the fact that the Northern Ireland Executive had commitments to deliver with respect to the New Decade, New Approach. As part of that statement, would it be possible to provide a few columns about the progress of these commitments? The Minister and I are only too aware of the delays in responses to the areas of the common frameworks that were devolved from the European Union to the UK and the devolved regions in the post-Brexit scenario. Nothing happened in terms of Northern Ireland during the three-year interregnum, so we need to know, in an expeditious way, how the Northern Ireland Executive are implementing their commitments, notwithstanding the need to protect the devolution settlement. If there could be a section in the Minister’s statement to that effect, I would greatly appreciate it.

[Lord Dodds of Duncairn (DUP)]

My Lords, I too thank the noble Lord, Lord Coaker, for tabling this amendment in Committee, and I think we had a very useful debate there about the Government’s commitments under NDNA—because there were many. I also thank the Minister for his commitment to a regular written statement and I share the view of the noble Lord, Lord Lexden, that hopefully we can have a debate on those issues from time to time. I also have no issue with the earlier commencement date, as tabled by the Minister in Amendment 9.

On Amendment 3, I want to ask the Minister, since this is a new amendment, to clarify its intention. It is very technical and complicated; it is to do with the transitional arrangements if things were to happen before Royal Assent of the Bill. I would like to be clear, so that the Minister has it on the record, what exactly this clause will do. It talks about events happening

“within the period of seven days ending when this Act comes into force”.

But, if we do not know exactly when the Act is coming into force, things could happen that are caught, but there is no idea at the time that they would be caught, because suddenly Royal Assent happens. It is a very vague formulation. I wonder why it is there and what it is intended to capture—as opposed to saying, for instance, that the Act will apply after a certain date. I would be grateful if the Minister could clarify, in winding up, the import of the clause.

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There is a labour here and an obligation on the United Kingdom in these negotiations to get this right—from really a weak negotiating position. I urge the noble Baroness, Lady Hoey, not to push this amendment. The last thing in the world that would do any good at this point in this difficult negotiation is for us to say: “By the way, the last concession you gave us, we are tearing up.” We cannot possibly do it. Our duty now is to try to convey to the EU what implementing all aspects of the Good Friday agreement actually means and how this requires a balanced outcome that both communities in Northern Ireland can live with.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, it is a pleasure to follow the noble Lord, Lord Bew, and I am only sorry that when I took politics at Queen’s he was not a lecturer then; he came in several years later. His speech was very interesting and I think we are all much better informed because of it.

It will be no surprise to Members of your Lordships’ House that I support the protocol. I say that rather advisedly because it is a matter of contention in Northern Ireland. We must remember that the protocol arose out of Brexit and that is the fundamental issue. The people of Northern Ireland, including me, voted to reject Brexit and they wanted to remain in the European Union, but history is history, and we have to respect particular outcomes.

Therefore, in this context, it is vital that we see a successful outcome to the current negotiations between the UK and the EU. We want to see a successful outcome covering such important issues for the people in Northern Ireland as the SPS veterinary agreements, medicines, customs issues and the democratic deficit. The UK Government published a Command Paper back in July. I did not agree with the content. The European Union then produced a series of non-papers—as they are characterised—in October. Both sets of papers naturally form the basis for the ongoing negotiations.

Quite honestly, I think that it is preferable at this stage to allow the negotiations to take their course. Can the Minister advise us on what stage they are at? The Minister and I, along with the noble Lords, Lord Empey and Lord Dodds, were at a meeting yesterday with the Minister for Europe, Chris Heaton-Harris, who sits in the other place. He could not necessarily give a timetable for the completion of the negotiations, but it is vital that they are dealt with in an expeditious manner and provide solutions for all the people in Northern Ireland, including the business community and wider society.

I am a supporter of the protocol, but I want to see those—let us call them—mitigations whereby the people of Northern Ireland are able to trade within the UK internal market and the EU single market and we are all able to realise the opportunities. We have already seen those benefits so it is important that they are documented and emphasised in terms of new businesses and new opportunities for investment. They are there.

Those in the business community do not want to be saddled with the politics of this issue. They want to see business opportunities opening up in this post-Covid situation and the whole community in Northern Ireland prospering. It is much better that we await the outcome of these negotiations, which I feel should be dealt with in a very expeditious manner. Many people have been talking about instability. It is those who were perhaps involved in actions of instability who are creating the instability.

It is important that we refrain from such language and try to go back to encouraging both participants in the negotiations to complete them as quickly as possible, covering all those areas, so that outcomes are achieved that bring an improvement for all the people of Northern Ireland.

[Lord Mackay of Clashfern (Con)]

My Lords, Northern Ireland has been a matter that I have thought of as very difficult in this situation for quite a long time. I believe that the explanations that have just been given by the two speakers who went before me are vital in trying to get a settlement that will be sufficiently good for all the interests in Northern Ireland. If we are going to do that, it will be by a pretty full solution to a difficult problem.

In my view, there are no reasons just now to create more difficulty than we have to deal with. Therefore, I am very much in favour of what has been said in regard to the law about this and particularly the negotiations situation, which we need to solve. Negotiation is the only way in which we will get this right, and I hope and pray that the negotiations will be entirely successful and that the people of Northern Ireland will get a bargain that will work for them from now on.

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[Lord Caine (Con)]

I appreciate the noble Baroness’s sentiments. To give one example, I recall that, in the aftermath of the referendum, the then First Minister, Arlene Foster, and the then Deputy First Minister, Martin McGuinness, wrote a letter to the then Prime Minister setting out the Northern Ireland Executive’s priorities for the negotiations. Of course, shortly thereafter, for reasons that we are all too familiar with, the Assembly and the Executive went into abeyance for three years, but I take the point. I was there for a good deal of that period, and there was a lot of engagement going on, but we lacked the formal mechanism of the Executive.

On engagement, my understanding is that the Minister for Europe is due to be in Northern Ireland tomorrow to meet a number of business organisations and individual businesses. He has held meetings with Members of your Lordships’ House in the past few days. This morning, along with the Secretary of State for Northern Ireland and the Europe Minister, I attended a regular meeting with the First and Deputy First Ministers of Northern Ireland; that will be an ongoing process. We recognise the need for strong engagement on these matters.

I want to go back to the reasons for urging the noble Baroness to withdraw the amendment. The noble Baroness, Lady Ritchie, and my noble and learned friend Lord Mackay of Clashfern, in a very wise contribution, emphasised the ongoing nature of the discussions and the fact that we need to try to give those discussions breathing space to reach a successful conclusion.

[Baroness Ritchie of Downpatrick (Lab)]

I thank the Minister for taking my intervention. In his wind-up, will he give us his estimation, following discussions today, of a date for the implementation of these negotiations or for their conclusion? They are absolutely vital because we do not want to see them impinge—although many believe that they will—on the election itself.

[Lord Caine (Con)]

The noble Baroness, Lady Ritchie of Downpatrick, attended the meeting with the Minister for Europe yesterday at which I was present. I think that issue was raised then, and he was unable to put an absolute timeframe on this. If he cannot do so, I do not think I can answer that question directly from the Dispatch Box other than to say that the Government are seized of the urgency of this matter and the need to come to a resolution as expeditiously as possible. I take on board what the noble Baroness said and the comments in this respect from a number of Members from Northern Ireland behind me from the Democratic Unionist Party and the Ulster Unionist Party, and from the noble Lord, Lord Bew.

My final point relates to the nature of the amendments, which effectively would ask Parliament unilaterally to change an existing agreement between the United Kingdom and the European Union as set out in the unilateral declaration, the protocol and the withdrawal agreement. While negotiations are going on with the EU, it would not necessarily be helpful to those negotiations if we were to change an existing international agreement with the EU. That does not strike me as probably the most helpful way forward in negotiations. With those comments, I urge the noble Baroness, Lady Hoey, to consider withdrawing the amendment.

Northern Ireland (Ministers, Elections and Petitions of Concern) Bill

Baroness Ritchie of Downpatrick Excerpts

Committee stage
Monday 13th December 2021 Grand Committee

[Baroness Suttie (LD)]

My Lords, as the noble Baroness, Lady Smith of Basildon, has said, this is a probing amendment. I think we would all agree that the recent experience of over 1,000 days of political uncertainty when there was no Executive in Northern Ireland is not something that anyone would want repeated. As the noble Baroness, Lady Smith, and the noble Lord, Lord Dodds, have said, it put the civil servants in an incredibly difficult position. We very much hope that we will never again be in a situation where the Assembly is on the brink of collapse, but if such circumstances were to arise, it is important that there is as much stability and clarity on this as possible.

Like the noble Lord, Lord Dodds, and the noble Baroness, Lady Smith, I would be grateful if the Minister could say a little more about how he sees this working in practice and, in particular, if he could say a little more about the requirements, as set out in New Decade, New Approach, for Ministers

“to act within well-defined limits”.

Can he explain what that would mean in practice?

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, the Minister, in his response at Second Reading, provided some clarity on this, indicating that there would be constraints and that cross-cutting issues would still have to go to the Executive for approval. But what happens if there is no First and Deputy First Minister in that period of interregnum? We are supposed to have collective responsibility. Issues are supposed to be taken on a partnership basis. I can remember many times when we did not necessarily have that partnership basis, so I agree with the amendment in the names of my noble friends Lady Smith and Lord Coaker.

The noble Lord, Lord Dodds, referred to the period between 2017 and 2020. That was a time when civil servants were placed in an invidious position, with limited powers, which piled frustration and anxiety on the wider community. Those civil servants, because of their limited powers, could only take certain decisions. I can well recall the decision in court on the incinerator north of Belfast, where the judge’s judgment indicated that the civil servants had probably acted outwith their powers in this instance.

The Minister was, as I still am, a member of the Common Frameworks Scrutiny Committee. He will recall that the common frameworks came into place in the post-Brexit situation to deal with policy divergence in certain areas devolved to the DAs. Quite a significant amount was devolved to Northern Ireland, but no decisions were taken on those common frameworks during that three-year period because there were no Ministers in place to deal with that—there was no Northern Ireland Executive. The Minister will recall that we in our committee had great difficulty in trying to pursue those common frameworks to their final degree of approval, or to the next stage, where they could be examined with a greater degree of scrutiny. That illustrates the case where there is a need for full-time Ministers.

However, in that period of interregnum, where a Minister’s authority is being extended because of the nature of the difficulties in the Executive, what authority do they have and can that be prescribed in this legislation? Perhaps the Minister could provide us with more clarity and more detail today. If need be, will the Government consider tabling an amendment on Report to deal with this issue and specify the areas of authority?

[The Parliamentary Under-Secretary of State, Northern Ireland Office (Lord Caine) (Con)]

My Lords, I am grateful for the warm welcome from the noble Baroness, Lady Smith of Basildon. As my noble friend Lord Empey said to me after Second Reading, it all goes downhill from here. I thank the noble Baroness for her amendment and hope that my response will provide her with some clarity and sufficient reassurance over the role of caretaker Ministers under Clause 2.

It is worth reminding noble Lords of the central purpose of this clause. As noble Lords will recall, the Assembly and Executive ceased to function, in effect, following Martin McGuinness’s resignation in January 2017. As a consequence, Northern Ireland found itself in a state of political limbo, with limited or no decision-making, for nearly three years. Like the noble Baroness, Lady Suttie, I sincerely hope that we will never be in that situation again.

During the period while the Executive was not functioning, civil servants, as has been mentioned, were left trying to maintain the machinery of government and provide public services in the absence of ministerial decisions. Without the direction and control of Ministers, those civil servants were significantly limited in the powers that they exercised. The noble Lord, Lord Dodds, referred to differences of opinion between civil servants over which powers they could exercise and we all remember the court case over the incinerator in north Belfast, around 2018, to which the noble Baroness, Lady Smith, referred. The noble Lord’s comments yet again underline the unsatisfactory nature of the situation in which we found ourselves.

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Moved by

[Baroness Ritchie of Downpatrick]

2: After Clause 2, insert the following new Clause—
“Appointment of First Ministers
(1) The Northern Ireland Act 1998 is amended as follows.(2) In section 16A (appointment of Ministers following Assembly election), leave out subsections (4) to (7) and subsection (9), and insert after subsection (3)—“(3ZA) Each candidate for the office of joint First Minister must stand for election jointly with a candidate for the other office.(3ZB) Two candidates standing jointly may not be elected to the two offices without one or more of the following measures of representational support—(a) the support of a majority of members, a majority of designated Nationalists and a majority of designated Unionists; or(b) the support of 60 per cent of members, 40 per cent of designated Nationalists and 40 per cent of designated Unionists; or(c) the support of two thirds of members.(3ZC) The First Minister and the deputy First Minister—(a) may not take up office until each of them has affirmed the terms of the pledge of office; and(b) subject to the provisions of this Part, hold office until the conclusion of the next election for First Ministers.”(3) In subsection (3)(a) the reference to “subsections (4) to (7)” is replaced by a reference to “subsections (3ZA) to (3ZC)”.”Member’s explanatory statement
This new Clause would restore the Good Friday Agreement provision for joint election by the Assembly of the joint First Ministers.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I rise to speak to Amendments 2 and 3 in my name and to support Amendment 4 in the names of the noble Lords, Lord Empey and Lord Rogan.

Amendment 2 refers to restoring the Good Friday agreement provision for joint election by the Assembly of the joint First Ministers. Amendment 3 would provide that the First Minister and Deputy First Minister be referred to as joint First Ministers, reflecting their identical status, powers and responsibilities.

I looked at some of the Commons stages of this Bill and noticed that my colleague, the former Member for Foyle, Mark Durkan, gave evidence. He was one of the negotiators, along with the noble Lords, Lord Trimble and Lord Empey, of the Good Friday agreement. He and the leader of the Ulster Unionist Party talked about going back to the factory settings of that agreement, in which both First Ministers are jointly elected by the Assembly and are therefore jointly accountable to it. In their roles and responsibilities, they are seen as equal.

The change took place in the St Andrews agreement. Those of us at St Andrews back in October 2006 will well recall those particular issues. I am sure that those in the room—I think I was outside it, but some of those who were inside it are here—could relate some of that. That destroyed or undermined the principle of parity of esteem, respect for political difference and, above all, the principle of power sharing and of working together, and it led to the sectarianisation of elections: that is, the elections of 2007, in which I was a participant, 2011, 2016 and 2017, and it looks like the Assembly election 2022 is heading in the same direction. The contest will not be about the issues that matter to people: a Covid recovery plan, education, the need for sound infrastructure, the economy or addressing health waiting lists. It will be, “Make me First Minister, so that they don’t get it”. It becomes a confrontation between them and us across the sectarian divide.

PR elections in Northern Ireland were never meant to be about that level of sectarianism. They were meant to be about breaking down barriers and respecting the various viewpoints, whether unionist, nationalist or other, but taking all into the melting pot. We now see that what was contrived at St Andrews has led to the sectarianisation of these elections.

I have had discussions with the noble Lord the Minister about these particular issues, so I am probing at this stage with a view to bringing this back on Report. Can the Minister say whether positive consideration will be given to these amendments? What discussions, if any, have taken place with ministerial colleagues in the Northern Ireland Office and Cabinet Office and with the Prime Minister about their intent and purpose and about the need to desectarianise the elections to the Assembly and the subsequent work in the institutions? We must always bear in mind that strand 1, which dealt with the Northern Ireland Assembly and the Executive, and strand 2, on the North/South Ministerial Council, are interlinked. One plays off on the other, which from the nationalist perspective gives us that all-Ireland perspective. It is important that the method that is used for the election of the First Ministers is joint, so that they are accountable to the Assembly, are nominated and elected together and are voted on together. We need to go back to that particular position.

There also needs to be an equalisation of titles, as in Amendment 3, so that there is respect for political difference and a sense of agreement and consensus and, above all, so that the principle of consent is the kernel in all this.

I look forward to the Minister’s answers in relation to those two amendments.

[Lord Empey (UUP)]

My Lords, Amendment 4 in my name and that of my noble friend Lord Rogan is self-explanatory. As the noble Baroness, Lady Ritchie, has said, it brings the proposals back to the arrangements that were entered into in 1998.

I believe of course that no agreement can be set in stone, and this was a multi-party agreement. Therefore, in my view, if you are going to change it, it should be a multi-party change. However, things are done, unfortunately, in back-stairs deals or behind closed doors and without the consent or knowledge of a number of the participants in the process that originally led to the agreement.

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[Baroness Ritchie of Downpatrick (Lab)]

I thank all noble Lords and noble Baronesses who have contributed to this wide-ranging debate on these three amendments, which stand variously in my name and those of the noble Lords, Lord Empey, Lord Rogan, Lord Alderdice, Lord Trimble and Lord Morrow, and the noble Baronesses, Lady Suttie and Lady Smith. We are all coming from our different perspectives, but we all want to see that sense of partnership and of working together and to think about how we achieve that. For my part, I believe that it can best be achieved through the Good Friday agreement and subsequent legislation.

We all have memories in Northern Ireland and, because of our political perspectives, we come forward with the overlay of those memories, so I just caution noble Lords in that respect.

I know that the Minister does not see this Bill as the vehicle for dealing with these issues, as it simply for implementing New Decade, New Approach. I respect that viewpoint, but I know that certain elements of New Decade, New Approach are still outstanding and are, shall we say, outwith this Bill and are the responsibility of the Northern Ireland Executive; I do not necessarily see much progress in relation to those areas. But I am heartened that, if I have got the Minister’s words correct, the Government are not opposed to some change in the future. I ask the Minister to go back and reflect on the views conveyed today and to have discussions with the Secretary of State and Minister of State. Perhaps he could come back on Report and indicate how the Government intend to move forward in respect of Amendments 2 to 4, whether in this piece of legislation or another.

I do not think that the political infrastructure and the politics of Northern Ireland can wait much longer. We have to get back to the central issues in the agreement of consent, agreement, consensus building, working together, partnership, reconciliation and building that shared society which we so earnestly yearn for.

Rather hesitantly—but I know the procedure in Committee—I beg leave to withdraw my amendment.

Amendment 2 withdrawn.

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[Lord Trimble (Con)]

My Lords, having heard what has been said by the noble Lords, Lord Alderdice and Lord Dodds, I think this is a very sensible amendment and I hope it will be accepted by the Government.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I also accept this amendment and declare an interest, in that I am a former MP and Member of the Northern Ireland Assembly, who served in both for a short time. I agree with the noble Lord, Lord Dodds, that this amendment would prevent a cliff edge from happening, because those who are Members of the Assembly and of Parliament—and many of my colleagues were a Member of Parliament and then became a Member of the Assembly—brought with them a knowledge of legislative procedure. The Northern Ireland Assembly was very different from councils, as the noble Lord, Lord Alderdice, said. It was about bringing forward and scrutinising legislation so, in the early days, it was important to have people of experience there.

I am opposed to double-jobbing, but this amendment brings a transitional phase that would help the situation. I recall an election count for the Assembly in 2016, when my colleague Colin McGrath, who had been a member of Newry, Mourne and Down council, was elected to the Northern Ireland Assembly. The chief executive of the council arrived at the same time as Colin McGrath was elected and asked for his letter of resignation and his computer to be handed over there and then. Whereupon Colin McGrath said, “That indicated that you thought I was going to be elected and it was very august of you to think that. But I am not in a position to do either of those things this evening. You will get them on Monday morning”.

What currently exists gives officials an upper hand, of which people may not have been aware, to execute their responsibilities and feel mighty important. I think there is a case for this amendment, in that it provides for the transitional phase, and allows for that essential knowledge to be carried through and for people to bed down while they transfer to their new situation in a fully pledged way. Then it allows for their replacements to be selected and take their place in the Assembly. It is all done not according to a list system, as it was originally, but from internal systems within parties. We are undergoing one in South Down at the minute, and they can cause consternation among friends and colleagues by creating unnecessary rivalry.

It is important that people concentrate on issues, legislation, scrutiny and investigation, rather than who is going to replace who. That is not good politics, in the truest sense of the word, and is not about service and delivery. The amendment in the name of the noble Lord, Lord Alderdice, would make sure of continuity in transition, and of concentration on legislation and the issues that matter to people and on which they expect their elected representatives to deliver for them.

[Lord Caine (Con)]

My Lords, I thank the noble Lord, Lord Alderdice, for moving Amendment 5 on dual mandates. I am afraid my noble friend Lord Dodds knows me too well on this issue, because I am about to confess to a degree of mea culpa for putting us in this position in the first place. As my noble friend pointed out, the promise to stop the practice of double-jobbing or dual mandates was a commitment made in the 2010 Conservative and Unionist Northern Ireland manifesto, when my party and that of my noble friend Lord Empey put up joint candidates at the general election. I am afraid I actually drafted that section of the manifesto, along with a speech by David Cameron, given at La Mon House on the eve of the poll in 2010, in which he promised to end the scandal of double-jobbing. So my noble friend is absolutely correct.

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[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I support Amendment 6, to which I have added my name. I also see merit in the amendment proposed by the noble Baroness, Lady Suttie, although I see that as an area where a manner of negotiations would be required, which I suggest might happen in the post-election scenario. I recall my colleague, Mark Durkan, at a meeting of the British-Irish Association in 2008 talking about the removal of the “ugly scaffolding”—I think that the noble Lord, Lord Caine, was there that evening. In the fullness of time, the Good Friday agreement was meant to evolve and our society was meant to evolve, through working together, through partnership, through the consent principle and through agreement. We have not necessarily achieved that position, but it is an area where further negotiations might be required.

I support the idea that Ministers should have to take account of the need for and the views of a civic forum. I recall the original Civic Forum that was established as a result of the agreement and the Northern Ireland Act back in 1998. I know many people who were involved in that and made a contribution, from the trade union movement and from civic society, from farming and fishing, because they were policy focused. That can only be good, because they bring their knowledge and their experience, which no doubt can inform Assembly Members and Ministers of the issues that are pertinent at a particular time. In my old constituency of South Down, such issues might be agriculture and fisheries. Nothing lasts for ever; things change, and Brexit was obviously a major change in terms of fishing. People involved directly in those industries can add much, and there is a role for the civic forum, but, more importantly, for Ministers to have due regard to what is said in that. There have been very powerful tools in the form of citizens’ assemblies in the Republic of Ireland, which have helped to change and mould society as it has developed.

I have received a copy of a letter that was sent to the then chair, or former chair, of the Executive Office, who was making inquiries about the outstanding issues of New Decade, New Approach. Reference was made in that agreement to a civic advisory panel, which would be not unlike a civic forum. New Decade, New Approach states:

“The parties recognise the value of structured and flexible engagement with civic society to assist the Government to solve complex policy issues. The Parties have agreed that the existing Compact Civic Advisory Panel should be reformed to include a renewed membership appointed within 6 months”—


that should have been by June 2020—

“by way of a Public Appointments process.”

It is to be noted that this remains an outstanding commitment which was interrupted by the impact of Covid on public engagement generally. The letter to which I referred, from October 2021, stated that work would be initiated to enable the panel, subject to the availability of supporting resources, to come into operation as soon as circumstances permitted to fulfil its intended remit as effectively as possible. I see that as a staging post on the way to the establishment of a civic forum by way of this legislation.

It is interesting that the civic advisory panel has not yet been established. Surely the impetus should have been Covid and the need for an organisation such as that, consisting of people from the trade union movement, civic society, health and social services, the economy, business and manufacturing, and from the retail organisations, to discuss the ingredients of what was required in a Covid recovery plan and help inform Ministers and Members of the Assembly of the most up-to-date thinking in this regard.

While I speak in support of both amendments, recognising that a new set of negotiations would be required in terms of Amendment 7, I ask the Minister: where is the civic advisory panel? Will the Minister and the Government talk urgently to the Northern Ireland Executive about the establishment of this panel? It would only be of benefit, and not a hindrance or impediment, as sometimes Members in the Assembly and even Ministers could think, but they should always see things in terms of compromises and solutions. I support both amendments.

[Baroness Hoey (Non-Afl)]

My Lords, I will just say something briefly on Clause 4 and the amendment moved by the noble Baroness, Lady Smith of Basildon, and supported by the noble Baroness, Lady Ritchie of Downpatrick. A civic forum sounds brilliant, does it not? But I am really not sure what we mean by a civic forum. I presume that this is a probing amendment, because clearly we could not support something where we have no real idea of how anyone would get on to it; who would be representing who; what the rules would be; whether they would get paid to come—would someone coming up from Londonderry/Derry get their fair pay?—or whether it would move around and people would be moving around with it.

I think this is one of those ideas that sound great but in practice would become just another group of people—mainly the same people, probably, who are already involved in politics in the wider sense in Northern Ireland. Northern Ireland is quite a small place, as those of us who come from there know, and everybody knows everybody, really. Wherever you go, people know somebody who knows somebody—probably sometimes they are even a relative. I am therefore not quite sure how this would work. We have, for example, a very strong Women’s Institute in Northern Ireland, where WI groups meet in the country areas regularly and do great work; we have the Young Farmers’ Clubs; we have all sorts of other organisations already, such as residents, tenants and community associations; and a huge amount of work is being done by churches and community groups. I am just not sure about introducing another layer of supposed democracy and accountability—I am not sure who it would be accountable to, anyway.

I hope that the Minister will treat this with great care, because it is one of those things that sounds good and could be set up, but then we discover that it is in fact pretty meaningless and does not do anything to move things forward in Northern Ireland.

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[Baroness Suttie (LD)]

My Lords, I will speak extremely briefly on Amendment 9, which is tabled in my name and signed by the noble Baronesses, Lady Ritchie and Lady Smith of Basildon. The purpose behind this amendment is really quite straightforward: it is to speed up the implementation of this Bill. It is now two years since New Decade, New Approach was signed, and yet we face growing political tensions ahead of the Assembly elections next year and threats from the DUP to withdraw its Ministers from the Executive as a result of tensions over the Northern Ireland protocol, as illustrated all too clearly in the earlier debate. This Bill would go some way towards managing such a crisis, were that to happen, yet we could potentially find ourselves in a situation where the Bill had been passed by the House of Commons and the House of Lords but, because of the two-month commencement period, the Act could not be deployed in order to help with such a potential crisis.

The Minister indicated at Second Reading that

“if the political situation changes dramatically, that is something that the Government will be prepared to look at during the passage of the Bill”.—[Official Report, 29/11/21; col. 1258.]

Can the Minister repeat that reassurance today? Surely avoiding a political vacuum at such a critical time is in everyone’s best interests. I also look forward to hearing the Minister’s response to the very important points raised by the noble Lord, Lord Coaker, not least on the meeting of the board and whether that has happened.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I rise as a signatory to both amendments and to speak in support of them. To deal with Amendment 8, the noble Lord, Lord Coaker, has gone through the New Decade, New Approach agreement with a fine-toothed comb and highlighted all the various commitments and undertakings that were made back in January 2020 by two Governments and the parties to a greater or lesser degree.

In many ways, New Decade, New Approach could be characterised as a highly aspirational document. It contains lots of commitments but, as the noble Lord, Lord Coaker, said, where are the funding commitments to match and deliver those undertakings? For delivery, you need the money. While it could be provided out of the block grant, there are some elements that can be provided only directly from the Exchequer here in London.

However, proposed new subsection (2)(b) in Amendment 8 deals with

“what plans the Government has to bring forward further legislative proposals to implement the remainder of The New Decade, New Approach Deal.”

I look at what has not been addressed or fulfilled yet and, by and large, I would say that some of that is perhaps down to differences within the Executive Office between the First and Deputy First Ministers, as well as to the concentration of work on Covid, and now, obviously, we have the new variant.

There is a need for a bill of rights. We have been talking about it since 1998. Loads of meetings have been held in the Assembly on the bill of rights, we are still no further forward. We are told that the Northern Ireland Assembly Ad Hoc Committee on a Bill of Rights has received 45 briefings from experts since September 2020, and it recently held a public call for evidence which attracted 2,400 responses. The committee is due to report in February 2022. There is a panel of experts who are intended to assist the committee, but who have yet to be appointed. When will that happen? Promises were made about an age, goods, facilities and services Bill to prevent discrimination against people because of their age. Perhaps some of us might fall into that category at some stage, or perhaps we are already do.

Then there are the more fundamental issues: rights, language and identity proposals. Although that is within the remit of the Northern Ireland Executive and Assembly, I do not see a lot of movement there. Can the Minister indicate whether the Government here at Westminster intend to legislate for them? I have already referred to the civic advisory panel, upon which there has been no significant movement. It was to be established within six months, which should have been June 2020, and we still have not heard about it. On the programme for government, New Decade, New Approach says:

“There will be a multi-year Programme for Government, underpinned by a multi-year budget and legislative programme.”


The public consultation on the draft programme for government outcomes framework closed on 22 March this year, some 14 months after New Decade, New Approach. A total of 416 responses were provided to the main consultation on the equality impact assessment and, in addition, there were 23 responses to an associated children and young people’s consultation. The feedback received demonstrates that there remains strong support for the outcomes-based approach and for the draft outcomes as consulted upon. The Executive hopes to be in a position to have a final revised version of the outcomes framework as soon as possible. That begs the question of whether the Northern Ireland Executive are currently working according to a programme for government or what are they working towards and how do they get or achieve that collective responsibility?

The amendment in my name and the names of my noble friends Lord Coaker and Lady Smith is timely. It seeks to ensure that the commitments that were to be undertaken by the UK Government and by the Northern Ireland Executive and Assembly should be brought forward in an expeditious way for the benefit of all the community of Northern Ireland, properly costed, with a column indicating how much money, where it is coming from and when it will be spent.

On Amendment 9, in my name and the names of the noble Baroness, Lady Suttie, and my noble friend Lady Smith of Basildon, it is vital that we have commencement with Royal Assent. New Decade, New Approach is now 23 months old, and it is important that some fundamental issues in the Bill to do with the appointment of Ministers, elections and petitions of concern are put in place immediately.

For too long we have seen the misuse of the petition of concern. It was never meant to be a petition of veto but a petition that helped minorities and which understood and appreciated the issues they raised. It was not meant to be a petition of objection but was to be used as a special proofing procedure during which a special Assembly committee would hear specifically from the Equality and Human Rights Commission and the Northern Ireland Human Rights Commission. It was meant to be equality and human rights focused, and to be used as a proofing procedure to ensure that rights were upheld. It was never there to prevent rights being legislated for.

In that regard, it is important that the Government look kindly and benignly on both Amendments 8 and 9 —I urge the Minister to do this—and provide indications of acceptance in relation to them. That would allow the timely implementation of this Act to coincide with the end of the current Assembly in March, with Assembly elections on 5 or 6 May.

[Lord Dodds of Duncairn (DUP)]

My Lords, I am sorry to disappoint the Minister; I hope that will not happen on too many occasions. It is a pleasure to follow the noble Baroness, Lady Ritchie, and the noble Lord, Lord Coaker. I thank the noble Lord for moving this amendment, raising the issues that he has and exploring with the Government the commitments entered into by the UK Government in Annex A of New Decade, New Approach. He is right to do so and we are grateful to him. The noble Baroness has highlighted a number of areas of interest that are worth exploring today in Grand Committee for the Minister to respond to.

I want to take the opportunity, in this discussion of Amendment 8 in the name of the noble Lord, Lord Coaker, to add a few words about some of the commitments that the Government have entered into. There were quite a number of commitments. Certainly, during the negotiations our party was very keen that the Government would commit to a range of actions, funding and other objectives. It was not just a matter for the Northern Ireland Assembly parties; the Government have a big role to play in making that Assembly work well and providing it with the necessary resources to make that happen.

I want to highlight briefly a couple of matters. I know the Minister will not be able to give detailed answers on all of them but perhaps he can take them away and if necessary write to us or explore further how he thinks things can proceed. I am interested in the section on financial and economic commitments to Northern Ireland. Under the heading “Turbocharging infrastructure”, the Government commit to helping to turbocharge infrastructure in Northern Ireland and set out a number of capital projects, such as “Essential sewage investment” and “The ‘Better Connecting Dublin and Belfast’ Strategy”. One of those mentioned is the York Street interchange, yet we have had very disturbing news in recent days that that interchange may not now be proceeding. I am not au fait with all the details but that is a key, major improvement that would greatly benefit connectivity in Northern Ireland and Northern Ireland’s economy. It was one of the things that we discussed as part of the confidence and supply agreement, which the Minister was very much part of helping to get settled. It was very much seen as a major driver in terms of infrastructure investment.

For those noble Lords who have not had the pleasure of visiting Northern Ireland and travelling along the west link—I put “pleasure” in inverted commas, particularly at certain times of the day—unfortunately, despite this major project designed to alleviate congestion, it has become one of the most congested roads in the United Kingdom. Unfortunately, according to reports Belfast is now the third most congested city in the entire United Kingdom in terms of traffic. So, we need to get up to speed—literally—on these issues. The problem is that we have a major link designed to link the M1 to the M3 and M2, but when it was being designed some bright spark came up with the idea of putting a set of traffic lights at the end of it. As a result, the whole purpose of the link has been under-mined.

Northern Ireland (Ministers, Elections and Petitions of Concern) Bill

Baroness Ritchie of Downpatrick Excerpts

2nd reading
Monday 29th November 2021 Lords Chamber

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, it is a pleasure to follow the noble Lord, Lord Godson, and welcome the noble Lord, Lord Caine, to the Front Bench on Northern Ireland affairs. I have worked with the noble Lord, Lord Caine, on many occasions going back many years. Probably the first time that we worked together was on the visit of Sir Patrick Mayhew, then the Secretary of State for Northern Ireland, on 19 June 1994 to Loughinisland. He came to meet my predecessor MP, Eddie McGrady, and all the various families who had lost loved ones in a very untimely, brutal and callous way. That was a visit that they, and we, deeply appreciated. I wish the noble Lord well in his new position. I also welcome my noble friend Lady Smith of Basildon, who served as a Minister in the direct rule Administration, and my noble friend Lord Coaker, who was shadow Secretary of State, when they were in the other place.

The most important thing for me, as a democratic Irish nationalist, in coming to this debate is that we are particularly zealous about wanting to build that shared future, respect for political difference and parity of esteem. For me, that was encapsulated in the three sets of relationships embodied by my late friend and former leader John Hume, and became that noble agreement, the Good Friday agreement, on 8 April 1998. I never forget the sense of hope, expectancy and excitement on that day in Castle Buildings. That agreement was between the British and Irish Governments, as co-guarantors, along with my party, the Ulster Unionists and other parties. I know that some parties were not there because they had absented themselves, but the basic tenet and central to the core of the agreement was that infrastructure and architecture that provided the framework for people to work together with respect, mutual understanding, trust and confidence in each other.

We are in no doubt—I talk on behalf of my colleagues here on the Labour Front Bench and in the SDLP—that we want to see the fulfilment of that expectancy and to use the architecture of the Good Friday agreement to work together in partnership, reconciliation, parity of esteem and respect for difference. Those are the kernels we urgently need to build the political stability and resilience of government.

I welcome the legislation, but there are certain areas for improvement, and I have already spoken to the Minister about them. I agree with the noble Baroness, Lady Smith of Basildon, and others that the commencement date needs to be foreshortened and that the sense of urgency needs to be fed into this legislation to ensure that it is on the statute book fairly quickly—because in Northern Ireland we need that political stability.

Parties such as Sinn Féin and the DUP have talked about taking nuclear action to provide political stability. We had examples of that back in June, with Sinn Féin declaring that it might not nominate a deputy if it did not agree with the DUP’s nominee first. We then had the DUP threatening—shall we say—institutions over the protocol. But, by trying to create political stability, they are in fact creating political instability. So I tell them: in the good interests of all the people of Northern Ireland, that is not the way forward.

The noble Lord, Lord Dodds, referred to the protocol. I support the protocol, but there is a need for mitigations—I am in no doubt about that—and the European Union has provided them in its papers to the UK Government. There is also a need to promote the benefits of the protocol: for example, in the survey that the Northern Ireland Chamber of Commerce and Industry carried out some days ago and that was published at the end of last week, 70% supported that. Queen’s University Belfast takes this view in its recent poll, as does the Institute of Irish Studies at the University of Liverpool. That is part of the political context, so could the Minister provide us with an update on those negotiations between the UK and the EU? He—in his former state—and the noble Lords, Lord Empey, Lord Dodds and Lord Hain, were all members of the protocol sub-committee, and we agreed our first report and achieved consensus. But the important thing is that we arrive at a position that provides the very best for the people of Northern Ireland in trade, jobs and opportunity.

Other issues provide that political context. All the parties in Northern Ireland fundamentally disagree on the Government’s proposals on legacy issues because we all believe that they need to be victim centred. Will the Government respect the wishes of the parties and remove the amnesty proposal? The Minister may disagree with the use of the word “amnesty”, but, to us, that is the way it can be best characterised.

Other areas from NDNA are outstanding, and the Minister will be aware of them: the whole area of rights, language and identity proposals. I thought that, whenever the Northern Ireland Assembly and the Executive had not brought forward those proposals, the UK Government were to do so by October, but we still have not had any legislation in relation to that issue. There is information about the progress on the civic advisory panel and, of course, the Bill of Rights, which we have been talking about. On Friday, I met Amnesty International in Downpatrick, and it is active in this respect but anxious that there has not been a Bill of Rights. In Northern Ireland, all that we can do on many issues is talk about them—we are not good on the doing—so, if the Minister could pursue the Northern Ireland Executive in relation to those outstanding issues, that would be useful.

Generally, I support the Bill, but I felt that several areas could be built on. There is now an opportunity to move forward on the following areas and return to that vision in 1998 that created the infrastructure and architecture to manage differences and be able to realise a better shared future, based on partnership in Northern Ireland.

I go back to the position in 1998 about the appointment of Ministers and the purpose and intention of the GFA on the equalisation of titles: the joint election of First Ministers. I believe that there is some divergence from the concepts of the Good Friday agreement, on restoring the joint nature of the First Minister’s office, which was changed by St Andrews and was a centrepiece of strand one. That is what parallel consent was about. I understand why things did not happen at St Andrews, such as the Assembly collectively nominating the First Ministers who would then be accountable to it. There is a three-Minister provision that is causing a logjam in the Executive office and prevents Ministers bringing forward productive and progressive legislation because it is thwarted by one of the bigger parties. That issue needs to be addressed as well.

The Good Friday agreement and the 1998 Act were destined to build reconciliation, partnership, equality and parity of esteem, but that was thwarted at the next stage at St Andrews. I feel that we need to revert to the original principles and purpose, and I hope, with colleagues, to bring forward amendments in Committee about the equalisation of titles and the joint election of the First Minister.

Political, economic and social stability and sustainability will ultimately not come from rules and procedures. Yes, they are required but, finally, they will come from people in Northern Ireland believing, understanding, having confidence in and accepting that sharing power with their neighbours is the right thing to do and does not negate or diminish their identity. We knew that as far back as 1973, with the first power-sharing Executive arrangement. I was 15 years of age at that stage, and I remember feeling a sense of excitement and hope. Sadly, that did not last all that long. I hope that the matters related to the protocol can be resolved and, while I accept the main provisions in the Bill, I would like to think that the Minister can look at the outstanding areas and work with the Northern Ireland Executive to bring about a resolution.

I return to what a political commentator said—this is my final comment—on journal.ie in February 2020. He said that NDNA was not short on political ambition. Many of us thought it was a document of aspiration, but then it comes back to the willingness of parties to implement it and to underpin the power-sharing parity of esteem to fulfil the needs of a modern, progressive society that has been hit by the outworkings of a hard Brexit and Covid. The people of Northern Ireland have been hit by Brexit, long waiting lists, Covid and the need to recover from the pandemic. When you meet people and talk to them, they want access to a hospital bed, surgery and investigations that lead to diagnosis. Those are the issues that matter to them most, but they want respect for political differences. I accept the provisions in the Bill. I believe that they can be built on by going back to the 1998 agreement to look at the principles of duality of collective responsibility in the election of joint Ministers.

European Union (Withdrawal Agreement) Bill

Baroness Ritchie of Downpatrick Excerpts

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting: House of Lords & Report: 1st sitting
Monday 20th January 2020 Lords Chamber

Moved by

[Baroness Ritchie of Downpatrick]

6: Clause 21, page 25, line 30, at end insert—
“8D Power in connection with Ireland/Northern Ireland Protocol in withdrawal agreement: supplementary provision(1) Regulations under section 8C(1) must enable businesses in Northern Ireland to continue to be able to sell their qualifying goods to Great Britain without tariffs, origin requirements, regulatory import controls, dual authorisations or discrimination in the market, regardless of whether they trade directly with Great Britain or trade via Dublin port.(2) Any regulations made under this Act or any other Act that would introduce new requirements on goods traded from Northern Ireland to Great Britain (including, but not limited to, import customs declarations or origin checks) may not come into force without the consent of the Northern Ireland Assembly.(3) Regulations under section 8C(1) may not provide for additional official or administrative costs to be recouped from the private sector.(4) Regulations under section 8C(1) must provide for mitigations to safeguard the place of Northern Ireland businesses and consumers in the UK internal market in accordance with the Government’s obligation, under Article 6.2 of the Protocol on Ireland/Northern Ireland, to use its best endeavours to facilitate trade between Northern Ireland and other parts of the United Kingdom.”

[Baroness Ritchie of Downpatrick (Non-Afl)]

My Lords, Amendment 6 is in my name and in the names of the noble Lord, Lord Hain, and the noble and right reverend Lord, Lord Eames.

There is a sense of déjà vu about this debate, because last week in my absence—which I apologise for, but it was due to a family funeral—this debate took place in Committee stage. This amendment is a consolidated amendment, or a consolidated clause, made up of about three of those amendments. The amendment requires regulations made under Section 8C(1) of the European Union withdrawal Act, to facilitate access for Northern Ireland firms to the GB market, as well as requiring consent from the Northern Ireland Assembly for the introduction of any new checks on goods traded from Northern Ireland to GB.

Many of us from Northern Ireland—and not from Northern Ireland but noble Lords none the less—have met the business interests in Northern Ireland, and their main, abiding concern is to ensure that there is unfettered access for businesses from Northern Ireland to GB. Why would that be the case? They do not want tariffs; they do not want import controls; they do not want dual authorisations or discrimination in the market. There is a necessity, therefore, to provide for mitigations.

Why is this necessary? This is necessary to protect Northern Ireland business, which trades in large part with colleagues—for want of a better word—in Great Britain. If any restrictions are placed on that, it will cause untold damage to those businesses at a time when the Northern Ireland Executive and the Government are trying to ensure the reform of the Northern Ireland economy to increase job creation and to ensure that, in the fullness of time, there may be a lowering of corporation tax—all to underpin our local economy, which is vitally important. I find it unbelievable that the Government do not want to bring forward that legislation or these amendments, or do not consider it appropriate, particularly at a time when the Northern Ireland Executive have been restored.

It is interesting that today the Northern Ireland Assembly declined to agree to the legislative consent Motion which deals with certain aspects of the withdrawal Bill relating to Northern Ireland. I saw statements from the various political parties. There is striking new unanimity on this issue of unfettered access, as was displayed last week in this House—across all parties and none—and across all parties in Northern Ireland, and above all in the business community. They wrote to noble Lords on Friday afternoon saying that the amendments before us this evening, in my name and that of the noble Lord, Lord Hain, and the noble and right reverend Lord, Lord Eames, and the other amendments in the names of the noble Lord, Lord Morrow, have the support of all the main political parties and of the broadest representation of the Northern Ireland business community. This level of common purpose and collaboration is unprecedented. The intention is to ensure that Northern Ireland businesses are supported and protected to continue trading unfettered and with no additional costs as full and valued members of the UK internal market.

I was not at the debate last week, but I listened on BBC Parliament. Some might think that was a rather sad thing to do, but this issue is of such vital importance to business and the wider community in Northern Ireland that direct participation is necessary. The noble Lord, Lord Hain, very ably put forward the explanation for those technical amendments, and, as a former Secretary of State for Northern Ireland, he is well equipped to understand not only the political machinations but also the political difficulties that can ensue if things do not work out.

The document that was agreed by the five parties and the British and Northern Irish Governments says:

“To address the issues raised by the parties, we will legislate to guarantee unfettered access for Northern Ireland’s businesses to the whole of the UK internal market, and ensure that this legislation is in force for 1 January 2021. The government will engage in detail with a restored Executive on measures to protect and strengthen the UK internal market.”


Noble Lords will forgive me if I am a little sceptical about that.

First, I want to know how much and what work has been done with businesses, because I have talked to them. I also want assurance from the Minister, the noble Lord, Lord Duncan of Springbank, that immediate discussions and meetings will take place with those businesses, the Northern Ireland Executive, the Northern Ireland Assembly and the leaders of the political parties in Northern Ireland to ensure that this is given effect. If it is not, and if the Government do not see fit to do so at this stage, what is the timeframe for those references to legislation? Also, will this be done through primary legislation, statutory regulation or—that old chestnut we faced for years in Northern Ireland—an Order in Council, which you cannot amend?

--- Later in debate ---

I would like to think that I had given the noble Baroness enough to withdraw the amendment but I turn my eyes gently towards the noble Lord, Lord Hain, and wonder if I have just given some more warm words that might not quite satisfy him in this regard. If indeed that proves to be the case—I see a gentle nod of his head—then I am afraid I will have to ask the noble Baroness to test the will of the House at this point because I will not be able to return to this matter on a later occasion.

[Baroness Ritchie of Downpatrick]

My Lords, there has been striking unanimity on the issue of unfettered access to the GB internal market for businesses in Northern Ireland. The Minister raised certain issues which will require further investigation and monitoring. I add this by way of caution: noble Lords will do this, to ensure that that piece of legislation is in place and meets the requirements of businesses in Northern Ireland to allow them to grow, develop and be nurtured. Due to the time this evening, rather sadly, reluctantly and under protest, I beg leave to withdraw the amendment.

Amendment 6 withdrawn.