Windsor Framework (Enforcement etc.) Regulations 2023

Debate between Baroness Ritchie of Downpatrick and Lord Dodds of Duncairn

Tuesday 19th September 2023 Grand Committee

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I thank the Minister for his presentation of these Windsor Framework regulations. I have to declare an interest as a member of two of your Lordships’ House’s committees, the Secondary Legislation Scrutiny Committee and the European Affairs Committee’s Sub-Committee on the Protocol on Ireland/Northern Ireland. Last week in the Secondary Legislation Scrutiny Committee we considered these regulations.

I come to this debate as someone who supports the Windsor Framework and wants to see it implemented for the good of business development, so that people and businesses can avail themselves of access to the UK internal market and the EU single market. There needs to be a driver for that process. I note rather sadly that we do not have political institutions as per the Good Friday agreement up and running at the moment. I also note an indication on BBC Radio Ulster that the UK Government intend to drive on with the implementation, from their perspective, of the Windsor Framework. Can the Minister confirm that in summing up and whether that indicates that the Government have a little confidence in the resumption or restoration of political institutions?

Although I have indicated my support for the Windsor Framework, there are certain issues with the regulations, which were raised last week in our Secondary Legislation Scrutiny Committee. There is a pattern across a lot of these SIs; there is a lack of a proper Explanatory Memorandum in some instances and of a proper impact assessment. The Explanatory Memorandum says:

“A De Minimis Assessment for this instrument has been completed”.


However, the advice given to our committee stated that there was a lack of a proper impact assessment. Maybe the Minister can advise us on why that was the case.

Can the Minister also indicate what consultation took place with stakeholders? We were told that there was consultation with businesses, but what businesses and how many, and who was consulted? I do not think the wider community would have taken part in this consultation. However, I talked to a business representative last Friday and they were most anxious that the simple detail was provided to businesses. When our protocol committee undertook our assessment and evidence-taking on the Windsor Framework in the spring and early summer of last year, and when we published our report at the end of July, there was a clear indication from all businesses that gave us evidence that there was a lack of detail regarding labelling and the implementation framework. That implementation framework enforcement is in these regulations, so it is sad to say that only some six to seven months later do we have the legislative framework. If that had been in place earlier, we would not have had the same level of complaints from the business community. We simply want to get on with proceedings.

Today in our protocol committee we were giving consideration to future short inquiries. One area where there has been a lack of information, and simply an extension of the grace period, is the whole area of the SPS agreement for veterinary medicines to the end of 2025. Can he say, as a Defra Minister, when there will be final negotiations and a final decision on that SPS agreement for veterinary medicines? After all, the agri-food industry is vital to Northern Ireland and our economy. I fully accept and agree with the point that, as regards animal health, Ireland is considered as a single epidemiological unit. I believe in the protection of food safety, so I want to see these regulations implemented as quickly as possible. It is sad that they were not available earlier in the year for businesses to answer their many queries on labelling and enforcement. Perhaps the Minister can also indicate when the permanent SPS infrastructure at the ports of Belfast, Larne and Warrenpoint will be completed.

[Lord Dodds of Duncairn (DUP)]

My Lords, it is a pleasure to follow the noble Baroness, Lady Ritchie, with whom I have the pleasure to serve on the Northern Ireland protocol Select Committee, to which she referred. I endorse what she said about the need to get resolution on veterinary medicines. We heard evidence last week, from the Ulster Farmers Union and others, about the serious implications of the failure to resolve that issue. The indications coming out of Brussels are that it is not interested in a solution that would guarantee the continued flow of Great Britain vaccines and other medicines for veterinary purposes to Northern Ireland. I would like a timescale from the Minister of when he expects farmers and the agri-food industry in Northern Ireland to be reassured that that matter will be resolved so that they can continue to access British veterinary vaccines and other medicines in the same way that they do now.

Unlike the noble Baroness who just spoke, I do not regard the Windsor Framework/Northern Ireland protocol as a fair and balanced resolution to our problems with the free flow of trade between parts of the United Kingdom. This is very much a process that has protected certain parts of the Belfast agreement, as amended by the St Andrews agreement—namely, the north-south arrangement—but that has completely trashed the east-west relationship and the strand 1 relationship at Stormont. We can see that because there are no functioning institutions of strands 1, 2 or 3. People say that the Windsor Framework and the protocol are designed to protect the Belfast agreement, but show me the evidence of that. It has trashed the Belfast agreement and its institutions.

The Windsor Framework is now being implemented by a series of statutory instruments, through both negative and affirmative resolution. The noble Baroness referred to news reports about the Government taking further powers—that may well be. It sometimes makes you wonder why they talk about wanting to get the Assembly back so much, because all they do is keep taking powers from it and devolved Ministers. There is not much regard for the Sewel convention or any of that, and then they ask people to go back and administer less and less of what they should be administering. For vast swathes of our economy and the agri-food industry, no Member of the Northern Ireland Assembly of any party—unionist, nationalist or whatever—or any MP from Northern Ireland has any powers to make any laws in those areas. We are told that the Assembly must get back to administer Northern Ireland, but those powers have been taken away from Northern Ireland and from elected representatives in the other place and this House.

These are fundamental issues; they are not small matters but fundamental constitutional, political and economic issues. That is why we feel so strongly about these areas, and we will continue to expose a Government who claim to uphold the union but continue, as my noble friend Lord Morrow exposed in considerable detail, to implement EU laws over part of the United Kingdom. That is the nub of the problem.

This statutory instrument is one of those related to the Windsor Framework/Northern Ireland protocol, and it requires an affirmative vote in Parliament. The retail movement scheme statutory instrument, which was laid during the Summer Recess, is being implemented under the negative resolution procedure. Other important statutory instruments required to build the Irish Sea border and conform internal UK trade arrangements— I stress “internal”—with EU law are also being tabled by this Government under the negative resolution procedure.

The Secondary Legislation Scrutiny Committee has examined the regulations in front of us, as well as others. They are interlinked, as has been said, yet we have not been able to debate them—so far, that is; I am sure that we will find ways of getting them debated in due course. Up to now, the Government have not sought a debate on some of the most important regulations, including on the retail movement scheme itself. That is deeply regrettable.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Baroness Ritchie of Downpatrick and Lord Dodds of Duncairn

Consideration of Commons amendments
Tuesday 5th September 2023 Lords Chamber

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, it is a pleasure to follow the noble and right reverend Lord, Lord Eames, on this very difficult and vexatious issue that impacts most families not only in Northern Ireland and Ireland but across the wider UK. Many people have been impacted by the untimely and summary death of a family member as a result of the Troubles. Therefore, very clearly, the victims should be central to the Bill—as this House has said; it was articulated by the noble and right reverend Lord, Lord Eames, and the noble Baroness, Lady O’Loan. However, I am sorry to say that the victims are not central to the Bill. This is probably an issue of expedience on the part of the Government to deal with this issue—and that is totally unacceptable. I will support both amendments in the names of my noble friends Lord Hain and Lord Murphy, if they choose to put them to Divisions.

It is interesting to note that we are joined today in the Public Gallery by some of the representatives of victims from Northern Ireland, including Raymond McCord, to whom the noble Baroness, Lady O’Loan, referred, and his colleagues. They have direct experience. They have told the Government, the Irish Government, the European Union and political parties in Northern Ireland, this House and the other place, that the Bill will not meet the needs of victims and that victims will be undermined.

On Monday of last week, 28 August, Sir Declan Morgan gave an interview to the Irish News, to which my noble friends Lord Hain and Lord Murphy already referred. When I bought my copy of the Irish News last Monday morning, I was immediately struck by heading, “Legacy Body Chair Welcomes Any Legal Challenges”. I would like to tell him that there will be legal challenges; they will come not only from the victims’ groups but, probably, from the Irish Government and other bodies in the European Union. The European Commissioner has already highlighted the issues around immunity. There is no doubt that the Bill, as it exists, will impede justice and truth; it will relegate victims, not to the second division but to the eighth or ninth division.

I implore the Government at this late hour to support the amendments in the names of my noble colleagues. If that is not possible, I beg them to stop the Bill and to stop further hurt in an already divided society that has seen so much over the last number of weeks in relation to policing, to victims and to the Bill and legacy. Those were two thorny issues that came out of the Good Friday agreement which required resolution. We thought that the policing issue was resolved but now it appears that a greater investment in the structures is required to ensure that there is proper retention, proper recruitment and a return to 50:50 recruitment, and that police officers and civilian staff are properly protected. However, victims also need to be protected.

In his wind-up, will the Minister demonstrate to this House how the Bill will be human rights compliant? I note that Sir Declan Morgan has said that he is committed to ensuring that the commission is human rights compliant. From his interview, I would deduce that Sir Declan is probably now querying whether the Bill, if enacted, will be human rights compliant, and whether it will comply with the ECHR. I know where I stand. I stand with the victims of the Troubles on all sides; whether their loved ones were executed by paramilitaries or by state forces, victims come first in all of this.

[Lord Dodds of Duncairn (DUP)]

My Lords, we return to this issue of legacy, almost certainly for the last time in this House as far as the Bill is concerned but certainly not for the last time in this or the other place—and possibly sooner than expected.

I have no difficulty in supporting the amendments brought forward by the noble Lord, Lord Murphy of Torfaen, which represent an improvement on what is currently before the House. We all know and acknowledge, and it has been said across all sides of the House, that all the amendments, including the ones brought forward by the Government during the passage of the Bill, do not and cannot rectify the fundamental flaw at the heart of the Bill, which is that it provides immunity from prosecution to terrorists. As the noble and right reverend Lord, Lord Eames, said so passionately and eloquently, what will future generations think of this mother of Parliaments, which was prepared to do such a thing to innocent families?

Nevertheless, some important work has been done to try to mitigate some of the worst aspects of this wretched piece of legislation, although I regret that, despite our best efforts, the glorification of terrorism has still not been adequately addressed in the Government’s amendments. Again, week after week, in Northern Ireland and in the Irish Republic, we see Sinn Féin, and the person who wants to be the First Minister of Northern Ireland, supporting and glorifying the bloodshed and terrorism that the IRA committed. They were not the only ones to engage in terrorism but they are the ones that are most to the fore in glorifying it, much to the trauma, pain and hurt of their victims.

The Government have brought forward a number of amendments, some of which had been originally tabled in the other place by my party colleagues, especially Gavin Robinson. I think of the repeal of the Northern Ireland (Sentences) Act 1998, which the Minister referred to, as well as the increase in fines. It is also beneficial to the Bill that there is now the ability to revoke immunity should it be obtained through deception or lies. Again, that was tabled in the other place by my party colleagues. The Government committed in the other place to delivering that change in this House, and it is good that that was done.

I am glad that in these amendments, both in the other place and here, a lot of heavy lifting has been done by colleagues over many hours—in opposition parties, as well as by colleagues on our Benches—in an attempt to improve what is fundamentally flawed during long, what appeared sometimes to be interminable, debates, often with few outside those who were really interested present.

It has been argued by some that because of previous betrayals of victims and the previous setting aside over many years of the principle of justice in various ways, we should now somehow not be too hard on this Bill. People have referred to the on-the-runs legislation, to letters of comfort handed out to terrorists, to republicans, via Sinn Féin, and indeed to many other things that happened to the hurt of victims under both Labour and Conservative Governments.

But, my Lords, that is not something that victims say to us today. I am glad that our party in and outside Parliament, and many others, stood with innocent victims and opposed those previous obnoxious steps which were taken to appease terrorists and their supporters at that time. We opposed them then, just as we oppose this legislation, not out of any idea of populism but as a matter of principle. We have been consistent in that.

Indeed, we opposed one of the greatest betrayals of victims, when those guilty of some of the most heinous crimes imaginable, including mass murder, were given early release in 1998—something that to this day traumatises many victims, as they will tell you if you speak to them, and which was cheered on by those who should have known better, and indeed did know better at the time.

It is right as we finish these debates in this House to call out some of those people who purport to stand on the side of victims. We hear about all the political parties which are opposed to this legislation, and that is right, but Sinn Féin purports to talk about victims, victims’ rights and justice, and it is the greatest perpetrator of murder, which still to this day glorifies and defends it. It cannot speak for victims, and its cynicism and opportunism should be called out. Nor can the Irish Government, for that matter, who for many decades harboured terrorist fugitives from Northern Ireland and refused to extradite them there for justice. Whatever about the issues in the Bill—and we are opposed to it—it ill becomes the Irish Government in particular to complain. Even to this day, they refuse to co-operate properly in regard to allegations of collusion between the Garda Siochana and IRA terrorists in relation to a number of incidents in the Irish Republic and refuse to instigate a public inquiry in relation to the Omagh atrocity.

All along, we have believed, as other noble Lords and Baronesses have said, that the victims should be listened to. It is their crying that should be taken account of. If the evidence justifies it, terrorists should not be able to hide or escape justice by having the ability to invoke some kind of immunity or amnesty—conditional or otherwise.

In closing, I want to pay tribute to those innocent victims. I think of the delegation which came to Westminster in late January of this year. Among them was Pam Morrison from County Fermanagh, who will be known to many from Northern Ireland, whose three brothers, the Graham brothers, were all brutally murdered by the IRA one by one between 1981 and 1985. She also lost her sister, serving with the UDR: four brothers and sisters. Pam pleaded with the Government to listen. They have refused, but I have no doubt that we will hear her voice again, and we will all return to this subject soon.

Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017 (Amendment) (Northern Ireland) Regulations 2023

Debate between Baroness Ritchie of Downpatrick and Lord Dodds of Duncairn

Wednesday 28th June 2023 Grand Committee

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I rise in support of these regulations. I declare two interests. First, I am a member of the Secondary Legislation Scrutiny Committee; it agreed with the regulations but I have certain questions. Secondly, I am a member of your Lordships’ Protocol on Ireland/Northern Ireland Sub-Committee, which now looks at the Windsor Framework. If I may, I will ask the Minister some questions.

As part of our committee’s proceedings, officials asked the department for further information about engagement with a cross-representation of stakeholders. The Government have not undertaken a public consultation. Given this instrument’s specific remit, is that normal or should such consultation have taken place? The department said that, in the absence of a functioning Northern Ireland Executive, it was not able to engage with Northern Ireland Ministers but did maintain strong engagement with Northern Ireland colleagues in the Health and Safety Executive for Northern Ireland, the Department for the Economy and the Department of Justice; no concerns were raised. Can the Minister indicate in his response the format of that engagement? Was it by email, face-to-face consultation or some other means?

Obviously, because of the Windsor Framework there will be an element of divergence in standards. How will that be managed to ensure that there are no conflicts or challenges? Who will monitor that level and degree of divergence and how will it be recorded? Is the Department for Business and Trade undertaking an audit of areas of divergence as a result of the implementation of the Windsor Framework? The noble Lord, Lord Dodds, is also a member of the protocol committee, and that is one area that we have been exploring with the Foreign Secretary. We have been trying to get that list or audit and, as far as I can recall, we have been told simply that it does not exist. It is important that that audit is conducted and updated on an ongoing basis.

From what I can see, the purpose of these regulations is to ensure that they are implemented in accordance with the Windsor Framework. What role will the EU have in relation to that implementation? Will the Department for the Economy in Northern Ireland have a surveillance role and report to the Department for Business and Trade in London to ensure that implementation is in accordance with the Windsor Framework and with proper health and safety standards? As the Minister suggested, the regulations deal with explosives, gas and petrol stations, and the output thereof.

I agree with the regulations, but I have those few questions, to which I would like a response.

[Lord Dodds of Duncairn (DUP)]

My Lords, as the noble Baroness said, I, too, am a member of the committee on the Northern Ireland protocol—or the Windsor Framework, as it is now called, although the two are interchangeable, not just in name but largely in substance. It should be said by way of general comment that this particularly technical statutory instrument deals with an important area but is illustrative of the fact that, under the Windsor Framework, Northern Ireland is subject to EU law, over which no one has given their consent or had a vote or any say at all.

Regarding some of the claims made about the Windsor Framework, it sometimes needs to be remembered that, in Parliament—the other place and here—we look regularly at a whole raft of statutory instruments which implement EU law in Northern Ireland, and the implications for divergence. The noble Baroness, Lady Ritchie, will know that from our experience in the protocol committee. She and others across the board raised the important point about the implications for divergence: the continuing impact over months, years and even decades, if this is allowed to continue, of rules in Northern Ireland which will diverge from the rest of the United Kingdom, either through acts of the European Union, in areas of law which pertain to Northern Ireland under annexe 2 of the protocol, or by actions of the UK Government, now or in future, to a greater or lesser extent, in which they seek to diverge from EU rules. All these will have an impact on Northern Ireland, and in areas where we cannot foresee the outcome. That is why, although people claim that the Windsor Framework is a settlement, it gives rise to future possible areas of dispute.

When our committee at some point ceases its work, there is no evidence thus far that there will be anyone else to pick up that work. People say that the Northern Ireland Assembly will become responsible for it, when it is restored, but there will need to be a massive increase in capacity, skills and personnel to begin to grapple with the massive amount of legislation that is going to come down the track—and for MLAs to get a handle on the sort of issues that are going to arise. I worry about that.

On a couple of specific points, in relation to the lack of an impact assessment, we understand that one has not been prepared because, according to paragraph 13.3 of the Explanatory Memorandum, measures resulting from the framework are out of scope of assessment. Can I have clarification on what that means? Measures resulting from the framework—I presume that is the Windsor Framework—are out of scope of assessment. That seems a rather sweeping statement, but it is there in the Explanatory Memorandum. It seems strange that we should have such a declaration, because my understanding was not that that was the case, but I would be grateful for clarification. Maybe I have misread it or taken it wrong, but it is certainly a concerning statement that is contained in the Explanatory Memorandum.

Another point mentioned in the first paragraph of the Explanatory Notes and in paragraph 7.1 of the Explanatory Memorandum is that the European Union legislation listed in annexe 2 is implemented in Northern Ireland—that is, annexe 2 of the protocol, or the Windsor Framework as it is now called. I would be grateful for clarification, if the Minister can give it—and, if he cannot give it today, I would understand if he writes to me instead—about that statement as well. The Government have told us over and over again that the Windsor Framework removes whole areas of EU law, some 1,700 pages indeed, but the vast bulk of EU law applies to Northern Ireland by virtue of annexe 2, particularly paragraphs 5 to 10.

I would be grateful again for an explanation, although I understand if it is not possible today, but in due course, of that statement as well and its implications in terms of EU legislation. It is stated twice, in the Explanatory Notes and the Explanatory Memorandum and, if these things are meaningful, they have obviously been written deliberately and with consideration.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Baroness Ritchie of Downpatrick and Lord Dodds of Duncairn

Report stage
Monday 26th June 2023 Lords Chamber

[Lord Dodds of Duncairn (DUP)]

My Lords, we now come to this group of amendments on memorialisation. This is a very difficult and complex area that we have to wrestle with, both in this Bill and more widely in Northern Ireland. The purpose of Amendments 114A and 114B in my name and those of my noble friends is to ensure that memorialisation activities in no way end up glorifying, eulogising or defending terrorism in any form, whatever side of the community it comes from.

Sadly, as we have said in previous debates on this Bill, it appears there has been an increase in the carrying out of commemorations and eulogies for terrorists by elected representatives including Members of Parliament, Members of the Northern Ireland Assembly, a person who would seek to be the First Minister of Northern Ireland, academics and others. They have all commemorated the activities of criminals and murderers in the IRA. It is important that in this Bill—certainly, I will seek reassurances from the Minister on this issue—that we make it clear that that type of eulogy, commemoration or glorification is not acceptable. For the victims, this is an extremely important issue.

Time and again when you meet victims of the terrorist criminal gangs who carried out so much violence in Northern Ireland, the issue they raise is the continued trauma that they have to endure as a result of such celebrations and commemorations. They feel that their trauma, hurt and pain are sidelined while those criminals who carried out this type of heinous activity are elevated.

The purpose of Amendment 114A is

“to ensure that designated persons responsible for making recommendations about the initiation and carrying out of relevant memorialisation activities are under a duty to prevent the glorification of Troubles-related offences”.

Clause 48 tells us that designated persons carrying out Troubles-related work must have due regard

“to the need to ensure that … there is support from different communities in Northern Ireland for the way in which that programme is carried out, and … a variety of views of the Troubles is taken into account in carrying out that programme”.

Those responsible for drafting the memorialisation strategy are bound by this duty under Clause 51(1).

This focus on representativeness can be problematic, given that there are, as I have outlined, sections of our community, including those in high places and political life, who not only refuse to disavow violence but actually express the view that glorifying terrorism via parades, vigils, rallies and so on is a perfectly legitimate memorialisation activity when it is patently not. The Government propose to require the Troubles work programme to promote reconciliation, anti-sectarianism and non-recurrence of political and sectarian hostility between people in Northern Ireland. However, none of these terms are defined. It should be made clear in the Bill that designated persons are not permitted to recommend activities that a reasonable person in Northern Ireland would regard as glorifying past terrorism—in fact, they should be under a duty to prevent this. Memorialisation should not open the door to revisionism and the rule of law must be respected.

Amendment 114B is intended to ensure that only innocent victims are included as victims in the memorialisation strategy. It is critical that the law in this respect is in line with the line that the Government took in relation to the payment of compensation to victims of the Troubles in the Troubles permanent disablement payment scheme and Regulation 6 of the Victims’ Payments Regulations 2020, in which it was made clear, rightly, that someone who had injured themselves as a result of their own actions by being engaged in terrorism would not be eligible under the scheme. There was a difference between those who were injured in innocent circumstances as a result of terrorism carried out by others and those who were injured by their own hand.

We believe it is important for the sake of the victims and respect for the rule of law that a memorialisation strategy does not give credence to terrorists injured or killed by their own hands. They should not be considered victims for the purposes of consultation under this section.

It is regrettable that we have to even raise these issues and put them on the record in the House. However, sadly, as time moves on, the years pass and we move further away from the crimes that were carried out in the names of paramilitaries in Northern Ireland—IRA and loyalist alike—there is a tendency among those in Sinn Féin to ensure that the history of the past is rewritten.

I have a recent example. Someone who was described as a commentator but who was actually a teacher in a secondary school came on to say, “Well, you know, if people are engaging in memorial activities for the military, such as acts of remembrance in November, it’s perfectly acceptable for republicans to remember their dead”. In other words, they were suggesting equivalence between members of the security forces and terrorists who set out with murder and mayhem in their hearts and as the purpose of their activities.

There is no, and can never be, equivalence between members of the security forces in Northern Ireland—Army, Ulster Defence Regiment, Royal Ulster Constabulary, PSNI—and those who, by contrast, came as terrorists to carry out bloodshed against the rule of law. It is important to put that firmly on the record in this debate.

I would like the Minister to consider very carefully the purpose behind these amendments and to reassure us that the memorialisation strategy will indeed reflect the rule of law and will not end up glorifying or eulogising terrorism in any form.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I have a certain sympathy with Amendment 114A in the names of the noble Lords, Lord Dodds, Lord Weir and Lord Morrow, because, like the noble Lord, Lord Dodds, I have seen so much revisionism over the last number of years. We have seen revisionism from paramilitary forces in order to justify their campaign of terror and to forget about the real victims, who were never involved in perpetrating acts of violence but were simply in the wrong place at the wrong time.

Immigration (Electronic Travel Authorisations) (Consequential Amendment) Regulations 2023

Debate between Baroness Ritchie of Downpatrick and Lord Dodds of Duncairn

Tuesday 23rd May 2023 Lords Chamber

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, it is late in the evening, but this is an important issue, hence my regret Motion. I am pleased that the Front Benches and the Minister are present, on foot of the detailed explanation that he gave us in the Secondary Legislation Scrutiny Committee. I will concentrate on one aspect of his discussion with us that day: the impact of electronic travel authorisations on tourism in Northern Ireland. My Motion specifically states that the regulations will impose

“additional bureaucracy on international visitors to Northern Ireland travelling from the Republic of Ireland, creating barriers that will potentially cause significant damage to the tourism industry”.

I call on the Government to consider revoking the regulations forthwith, or, if that is not possible, to bring forward an exemption and urgently enter into discussions with the tourism industry and the Government in the Republic of Ireland to ensure that the ETA scheme is adapted to reflect Northern Ireland’s unique position as the only part of the UK with a land border.

There is already a precedent for an exemption because one was provided for legal residents of Ireland in the regulations introduced in March this year. Everybody will recall that we discussed these issues at Second Reading, in Committee and on Report of the Nationality and Borders Act when it progressed through your Lordships’ House about a year ago.

The UK’s decision to introduce ETAs, as a result of the Nationality and Borders Act, will deter visitors arriving via the Republic of Ireland from coming to Northern Ireland due to the administrative process and cost, putting at risk 25% of total tourism spend. The ETA is due to be implemented for the majority of countries by the end of 2024. I do not agree with that because of the bureaucracy, cost, hindrance, impediments and barriers that will be placed in the way of spontaneous tourists.

The Northern Ireland Tourism Alliance, which has already had many discussions with the Home Office, is concerned that the costs, bureaucracy and hassle involved in getting an ETA will make Northern Ireland a less attractive place to visit, particularly for short or spontaneous trips. Tourists and operators may decide that it is more convenient and cheaper to drop Northern Ireland from their itinerary. We do not want that to happen, so I ask the Minister what steps the Government will take to prevent that from happening. Our economy and tourism must be protected. Tourism and the spend from it are significant proportions of our economy. Due to the fact the 70% of overseas visitors arrive in the Republic of Ireland and travel to Northern Ireland via the land border, there will be no official communication at the time of booking or when visitors arrive in Dublin or other parts of the Republic. This is different from those visitors arriving into a direct port of entry in the UK, and therefore tourists could inadvertently cross the land border into Northern Ireland without an ETA. This will place them in legal jeopardy and open to a criminal charge, as per the Nationality and Borders Act. The legislation states that an offence occurs if a person knowingly enters the UK without an ETA. This fact has been recognised by the Minister of State for Immigration in the Home Office, Robert Jenrick, who wrote to the Northern Ireland Tourism Alliance on 2 May 2023 stating that:

“in terms of the implementation of the proposed duty to make arrangements for removal in the Illegal Migration Bill, the Government is giving consideration to how our regulation-making power may be applied in order to exempt persons who knowingly enter the UK via the Irish land border”.

Along with the noble Baroness, Lady Suttie, I tabled an amendment to this effect to the Bill this time last year.

It is quite clear that there is a need to protect our tourism industry in Northern Ireland. Therefore, the Government should consider revocation and, if that is not possible, bring forward an exemption. That exemption should be introduced along the lines discussed with the Northern Ireland Tourism Alliance, and I think there are strong lines for that. The kernels for this are based around six main points.

Tourism is one of the six areas of co-operation enshrined in the Good Friday agreement, which introduced a new business model to promote Northern Ireland overseas as part of the island of Ireland destination. As a result of that, we have the body called Tourism Ireland. The number of visits to Northern Ireland by international tourists arriving via the Republic of Ireland was an estimated 550,000 in 2019-20, which represents only 1.3% of all international visits to the UK. The land border between the Republic of Ireland and Northern Ireland is 300 miles long, crossing between both jurisdictions, and has no immigration checks. It is an invisible border that currently allows for seamless travel across the island of Ireland, and that is part of the common travel area.

Immigration checks will be intelligence-led, so a tourist could be stopped; and if they have an accident or require medical attention, their insurance will be invalid if they do not have an ETA. Tourists crossing the land border into Northern Ireland are treated differently from tourists arriving via the UK direct port of entry, who are informed of the ETA requirement at the time of booking and at the time of boarding their flight. They will be stopped at immigration control in the airport or ferry terminal, where they will be told again. The situation for those coming from the Republic of Ireland to Northern Ireland will be different, due to the fact that they enter via an airport or ferry port in the Republic of Ireland and will not be informed that they need an ETA to enter the UK, because it will be assumed that they are simply staying in the Republic. Some of these people may decide, on entry, that they would like a visit to sample the many important heritage sites in Northern Ireland that have already brought significant financial spend into our local economy.

What is the solution? I suggest that the Government revoke the regulations or provide for an exemption. The Northern Ireland Tourism Alliance has already provided the basis for such an exemption to the Home Office. Obviously, I would prefer the revocation of the requirement, but I can see that it is necessary to be pragmatic in this regard. Therefore, I believe that the necessary exemption should be provided for.

Based on research by Tourism Ireland, a duration exemption for a period of five to seven days in Northern Ireland would mean that around 90% of international visitors would not require an ETA. This is a reasonable compromise that should be considered by the Government. The majority of people who are coming are coming simply for tourist reasons, not for any other ulterior motive.

This exemption should cover promotable visitors travelling to Northern Ireland from the Republic of Ireland as part of their trip to Ireland, including those travelling as part of a tour group or travelling independently. This minor adaptation is in keeping with the spirit of the original legislation and the Good Friday agreement, and would allow seamless tourism on the island of Ireland to continue in the majority of cases. It would protect our tourism economy, ensure clarity in marketing and eliminate disruption for most visitors.

Will the Minister tell us what progress has been made as a result of discussions with the Northern Ireland Tourism Alliance? What further discussions have taken place with the Irish Government following the exemption for legal residents from Ireland? I acknowledge that the Minister has indicated to the protocol committee, of which I am a member, in a letter dated 5 May, that the Government want to ensure that targeted messaging from the ETA scheme will take place. When will that communication campaign take place? What will be the content, and how will it take place? What progress has been made in discussions concerning the exemption?

I request that the Minister provides your Lordships’ House with answers to those questions in response to this debate. I urge him and his ministerial colleagues either to revoke the regulations or to go for the compromise involving the sensible, practical exemption for tourists and our tourism industry, considering that, in March, permission was already given under the regulations for legal residents of Ireland.

Tourism is a significant contributor to our overall economy, investing a considerable amount of money in the circular economy. A lot of people are employed in the tourism industry, which was impacted by Covid but is now recovering significantly. I urge noble Lords, if they have some time during the Recess, to consider visiting Northern Ireland to sample some of our most historic sites of heritage value and see the balance of mountains and sea—our significant landscape qualities.

To encourage people to come, it is important that barriers or impediments are not placed in their way. I urge the Minister to give positive consideration to revocation or, if that is not possible, an exemption which would ensure that promotable visitors can travel without the need for an ETA. I beg to move.

[Lord Dodds of Duncairn (DUP)]

My Lords, I am very grateful to the noble Baroness, Lady Ritchie, for raising this and for the opportunity to debate the matter once again; we have looked at these issues previously. I want to explore with the Minister a number of issues for clarification and explanation.

It should be said that the introduction of the electronic travel authorisation for the United Kingdom is, in principle, something that brings us in line with most other countries across the world. The European Union is introducing the European travel information and authorisation scheme sometime next year; the United States has ESTAs; Canada has eTAs if you transit through or travel to a Canadian airport; Australia has an ETA—this is not unique to the United Kingdom. All of us who have travelled to the United States are used to applying for ESTAs and so on. The European scheme, for instance, will require 1.4 billion people from over 60 visa-exempt countries to apply for their authorisation at a cost of €7. So this is broadly in line with what other countries are doing.

However, as the noble Baroness, Lady Ritchie, has mentioned, a particular issue has arisen in relation to the fact that the United Kingdom’s frontier with the European Union runs between Northern Ireland and the Irish Republic. That has given rise to a number of issues, which the noble Baroness has referred to. In that context, I ask the Minister for some reassurances about the work that the Government have undertaken to do with the Northern Ireland Tourism Alliance, as was spelled out in the letter of 5 May that the noble Baroness referred to from the right honourable Robert Jenrick MP to the protocol committee on which both I and the noble Baroness serve. There were commitments given in that letter to work with the Northern Ireland Tourism Alliance to ensure that visitors are aware of the ETA scheme requirements before travel. I would be grateful for some more details on that.

I would also be grateful for an assurance that, if this is to proceed, applications will be processed very rapidly. My experience, when I was in the other place helping constituents on a personal basis, is that the United States is able to process ESTA applications within a matter of hours. Surely that should be the case for ETA applications, so that international visitors who decide to come to Northern Ireland are able to have this processed very quickly.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Baroness Ritchie of Downpatrick and Lord Dodds of Duncairn

Committee stage
Tuesday 24th January 2023 Lords Chamber

[Lord Dodds of Duncairn (DUP)]

My Lords, I too would like to thank the noble Baroness, Lady O’Loan, for tabling this amendment to the Motion to move into Committee. It provides us with the opportunity to once again ask the Government to consider very carefully how they wish to proceed, given the level of opposition that there is to this Bill, which has again been laid bare in the contributions that we have heard from those from Northern Ireland already this afternoon.

The Minister, about whose personal integrity I have no doubt whatever, is fronting for the Government on this issue, and he did give a commitment that the Government would take their time before proceeding, or would move very carefully and consider amendments —and some amendments have been forthcoming. But I would urge the Minister to think very carefully about what has been said already, and also what has been said over the previous months since the Bill was published.

We have been told repeatedly throughout the period of what is euphemistically called “the Troubles” that the victims should be at the centre of any process which is about legacy, truth recovery, justice and so on. It is very clear that victims have been treated abominably by this Bill and by this Government, and that is a terrible thing to have to say about a Government who are committed to the union—although their actions in recent times, both in the protocol and on this, would cause many unionists to doubt what exactly is now going on with the Conservative and Unionist Party. It is certainly not the case for all members of that party, and certainly not all parliamentarians, but at the centre there is something deeply and fundamentally wrong with how Northern Ireland is now being treated as part of this United Kingdom. This is one of the most egregious examples of where victims and their views are being set aside. There is universal opposition, yet this Government are intent on proceeding.

I appeal to the Government: listen to the victims. We heard the noble Baroness mention various organisations, institutions, foreign bodies, and all the rest of it, and I have respect for very many of them. However, I do make the point that some of these people now speaking out against this Bill supported, against the views of victims in Northern Ireland, the proposals to reduce the length of any sentence on conviction of the most heinous terrorist crimes, some of which we have heard about just now, to two years, and to allow those who have already served two years to walk free. Regardless of that, we should listen to the victims and, even now, pause, and urge the Government to withdraw and not move into Committee.

Victims have listened very carefully to the voices that have been raised in opposition to this Bill, and among the voices that have been raised are the voices of the victim-makers. We have the appalling situation where the representatives of terrorist organisations, who glorify and eulogise murder and the murderers—I am talking about Sinn Féin—have the audacity to come out and use this piece of legislation to bash the Government. Their support for victims is mock support: it is a pretence. Their agenda is completely different. They are pocketing the concession for their members, and those who carried out violence, then turning it to bash the Government.

So the Government cannot win on this. They are in the invidious position of doing something that has no support across the board. Therefore, I urge them to withdraw the Bill. They need to counter the twisted narrative of the Troubles that is out there, and to be more proactive in terms of the balance of the past. There is a widely shared view in Northern Ireland that there is an imbalanced process, where the story of the terrorists and their organisations is continually played out in the media. We have had some examples of that even this week—but where is the balance, with the countless thousands of families, their extended families and their communities and neighbours who were terrified daily by the threat of terrorists living among them, spying on them and betraying them at their work?

I do not advocate looking at Twitter too much, but I urge noble Lords to look at one that talks about “on this day” and an atrocity carried out by the IRA almost every day. It details the normal day-to-day activities of ordinary people going about their daily business—dropping their children at school, driving a bus, being in a bakery, carrying out a profession—who were murdered. They were cut down by terrorists who now claim that they have the right to talk about human rights and lecture everybody else about them. The Government are doing those people, their relatives and their kith and kin such a disservice. Therefore, I urge the Government and the Minister to think again at this stage.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, as a Member of this House coming from Northern Ireland, having represented a constituency in the other place, I—like others from Northern Ireland—have met many victims. The Troubles have imbued the lives of all of us from Northern Ireland because, in some way, we have been deeply affected, either by the deaths of loved ones or neighbours or by the destruction of property. All of that has left many victims searching for truth recovery and justice. The ordinary people I am talking about feel that the Bill robs them of their opportunity to access justice, investigations and inquests which they believe, quite rightly, is their right.

I agree that there should be a pause placed on the Bill and that the Government should go away and think again—and think in terms of the Stormont House agreement. We said this at Second Reading, but other things have happened since then. Other organisations in the human rights field have raised important considerations to be taken into account. The European Commissioner for Human Rights, the UN High Commissioner for Human Rights, the victims’ commissioner and the Northern Ireland Human Rights Commission, which has a statutory responsibility in all of these areas, have all highlighted the faults in the Bill and the fact that the very premise on which it is based—immunity from prosecution—goes against the very heart of what the UK democratic system should be about, and what we as Members of your Lordships’ House should be fighting for.

I can understand what the noble Baroness, Lady O’Loan, is talking about as a former Police Ombudsman for Northern Ireland, and what the noble and right reverend Lord, Lord Eames, said, as he was part of the Eames-Bradley commission which looked into this area in detail with a microscope. There is no doubt that the deaths, injuries and massacres have caused immense pain, whether to members of the security forces or to people on whatever avenue of any political perspective or whatever location they came from on the island of Ireland, as well as here in Britain. People suffered pain and anxiety and were deeply affected.

I believe that the fulfilment of rights and the rule of law must be central to the legacy process. That goes to the very heart of the Bill; immunity from prosecutions and the prevention of civil actions will not deal with what was already agreed in the Stormont House agreement and will not bring peace, justice and reconciliation. I firmly ask the Minister, who was involved with Stormont House and many other agreements to do with victims and legacy in Northern Ireland, to go back to the drawing board and the Stormont House agreement. The Bill, with the amendments, and particularly the government amendments that we will deal with later, is an exercise in denying justice. It will breach the European Convention on Human Rights and threaten the Good Friday agreement. It is bad for justice, for human rights and for the thousands of people who lost loved ones, who were injured during the Troubles, or whose property was destroyed, and who have very bad memories of what happened to them, their families, their communities and their colleagues.

Northern Ireland Protocol Bill

Debate between Baroness Ritchie of Downpatrick and Lord Dodds of Duncairn

Committee stage
Wednesday 2nd November 2022 Lords Chamber

[Lord Dodds of Duncairn (DUP)]

With respect, I will answer the noble Lord’s question first. We had a UK-wide referendum. Northern Ireland is part of the United Kingdom, as provided for under the Belfast agreement. The United Kingdom is the sovereign Government. Therefore, it is not that Northern Ireland is some kind of hybrid or special joint condominium with the Irish Republic, and it can go its own way if the rest of the United Kingdom is doing something else. It was a UK-wide referendum and, just as in Scotland, where people voted a different way, so in Northern Ireland—but we had to respect the outcome of the UK referendum.

[Baroness Ritchie of Downpatrick (Lab)]

I thank the noble Lord, Lord Dodds, for giving way. Further to the point made by the noble Lord, Lord Hannay, would the noble Lord, Lord Dodds, accept that around 56% of the people of Northern Ireland voted to remain within the EU, and we did not give our consent to Brexit. While it may have been a UK vote, and the noble Lord and I will remember well the debates in the other place on this specific matter in terms of the post-referendum Bill and the arrangements thereof, would he accept that the 56% who voted to remain did not give their consent to Brexit and to leaving the European Union?

[Lord Dodds of Duncairn (DUP)]

The 44% who voted to come out was a much higher figure than people had expected—but I accept what the noble Baroness says. But we are part of the United Kingdom and, just as Scotland and London and other parts of England voted in a certain way, we had to respect the overall vote. And if every single person in Northern Ireland had voted to remain—never forget—there would still have been a majority for Brexit and Northern Ireland would still have left the European Union, because we are part of the United Kingdom. The Belfast agreement did not create a hybrid situation in Northern Ireland. The sovereign UK Government are the responsible Government. We are United Kingdom citizens. Special arrangements were made for governance, but not for sovereignty, and that needs always to be borne in mind by those who try to conflate the two things. I think I have said enough on the specific detail.

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

Debate between Baroness Ritchie of Downpatrick and Lord Dodds of Duncairn

Committee stage
Monday 13th December 2021 Grand Committee

[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.