Northern Ireland (Executive Formation) Bill

Debate between Baroness Smith of Newnham and Lord Duncan of Springbank

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

[Lord Duncan of Springbank]

I thank the noble Baroness. That is very useful indeed. I ask my officials in the Box to remember that.

In drawing these remarks to a close, I am also conscious of the remarks about the affirmative procedure. I would be minded to accept that if things came forward in a fashion that would allow me to do so. As we are potentially at an impasse, I turn my attention directly to the noble Baroness, Lady Barker. We can discuss the date of the amendment before Third Reading in the hope that we can find that common ground. Returning to the question from the noble Baroness, Lady Finlay, I say that we may also be able to consider that as part of a common approach on the affirmative procedure.

I appreciate that this has not been an easy debate. I am fully aware—as a number of noble Lords have said—that this matter appears not to come under the title of the Bill. However, I return to the point made by the noble Baroness, Lady Smith, that these procedures have been deemed to be in scope. Indeed, I will go further and say that criticism of the other place in this regard is deemed to be out of order in this House.

[Baroness Smith of Newnham]

When I spoke before, the noble Lord indicated that he would respond on the issue of consultation.

[Lord Duncan of Springbank]

The noble Baroness wants a piece of paper that has now become buried in the strata on my desktop. It is important that we now recognise the reality of the time we have. The holiday period primarily limits our ability to begin any serious consultation. We will have to design it carefully. We anticipate being able to initiate such a consultation in the early autumn. In an ideal world, we could see it being 12 weeks but we may be able to pull it forward to eight. We have to recognise thereafter that simply doing a consultation is not enough: we have to consider its elements. We are not able to deliver the outcome of that by the October date.

Oh, I have the piece of paper with the questions that the noble Baroness asked—forgive me. I think I will be able to answer the affirmative vote question, which we can take forward at Third Reading, if that is possible. The question of freedom of conscience rests within our human rights commitments, to which we remain committed. The guidance must be very clear that no doctor, health practitioner, nurse or anyone else will be compelled to act beyond their conscience or beyond their tolerance in that regard. She asked about events. I have no idea what is going to happen, but we must plan in a smooth and careful manner. I am not looking forward to any serious election issues; I hope that does not happen.

That touches on the answers to the questions, I think. On that basis, I look across the divide to the noble Baroness, Lady Barker, in the hope that she is willing to consider it.

Northern Ireland (Executive Formation) Bill

Debate between Baroness Smith of Newnham and Lord Duncan of Springbank

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

[Lord Duncan of Springbank]

My Lords, this has been a challenging discussion. I will be very clear. We have received from the other place an instruction on a free vote where it was a matter of conscience. No party set out to move this matter forward. It belonged to no party in particular; it was a free vote. We have received a clear instruction; indeed, the majorities were very significant on this matter. It is therefore important that we recognise that we have an obligation to fulfil.

On that basis, we will not be able to support the amendment as put forward. I will briefly explain. Consulting the MLAs does not absolve us of the responsibility of ensuring that the amendment is delivered in a practical, workable and timely fashion. Those are the instructions that we have received from the other place and those are the instructions that we shall follow. On that basis, we will hopefully be able to move this matter forward.

I do not doubt that many views will be expressed on this, and that is important. Indeed, I suspect that the noble Baroness and I agree that this would be far better resolved by the Executive reforming. That is the purpose of the talks. If that Executive can reform, this matter can be addressed in Northern Ireland. Get the Executive reformed. On that basis, I hope that the amendment can be withdrawn.

[Baroness Smith of Newnham (LD)]

The Minister suggested that this was an instruction from the House of Commons. I am still relatively new to this House. I thought that this Chamber was essentially bound by manifesto commitments from the ruling party going through the House of Commons. As the Minister said, that was a free vote in the House of Commons. If a free vote in the House of Lords gave a different result, would that not count? How is the Minister bound only by the House of Commons?

[Lord Duncan of Springbank]

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

European Union (Withdrawal) Bill

Debate between Baroness Smith of Newnham and Lord Duncan of Springbank

Report: 5th sitting (Hansard): House of Lords
Wednesday 2nd May 2018 Lords Chamber

[Lord Duncan of Springbank]

I thank the noble Baroness, Lady Altmann, for her intervention. The clear thing here is, as I believe all sides in this discussion recognise, that if there is no resolution of the joint report’s component parts—A, B and C—then all will be the poorer and the weaker. All will suffer because of that, which is why the important thing here is to ensure that agreement is reached on those elements in the negotiation. It is absolutely essential that those parts are then returned to the other place and to this House for clear discussion and debate at that time. That will ultimately be the key to it.

As I listened to the noble and learned Lord, Lord Carswell, I was aware of him iterating the same issues once again. He brings his own experience to them, saying that particular elements of this amendment cause him unease. They cause him to see difficulties which might emerge. The last thing we need right now is for that to percolate through the situation in Northern Ireland, with all its incumbent troubles and all the difficulties which will be in play.

As I speak today, I am very conscious that we need to find the outcome that delivers for Northern Ireland and one that delivers for the Republic of Ireland. I listened to the noble Lord, Lord Howarth, expressing clearly the danger we have, however, in taking these important elements of where we need to seek agreement and somehow or other turning them into a threat—a method whereby we can seemingly upend or turn over the very things that we are all trying to achieve.

I think it is true to say that anyone who seeks to prognosticate on or forecast Irish politics will almost certainly always be disappointed. There are, no doubt, many greater minds in this Chamber than elsewhere who could do that but the point remains that irrespective of which Government are in power in Dublin, they have to be able to work to deliver an outcome which is good for the Republic of Ireland, just as we are able to deliver that self-same outcome for Northern Ireland, and indeed for ourselves. Listening to the noble Lord, Lord Bew, it was imperative that, as he put it forward, there are elements that need to be addressed now.

I also note the remarks of the noble Baroness, Lady Suttie, who asked whether I can explain how the technology will work on the borders. The truth is that I am a geologist, I am afraid, and I really cannot explain that. I am not knocking geologists; I am fully aware that they know many things. What I am clear about is that this must be returned to the other place, and to this House, to deliver the very things which noble Lords seek. If they are not delivered, I do not doubt that the House will vote it down. That is a clear thing which your Lordships do and it is a prerogative which you will have in this House. That is how it will ultimately work.

It will be important to ensure that the methods which we put forward are understood by all. I listened to the noble Baroness, Lady O’Neill, touch upon the issue of passports and I would like to write to her on those elements, because I believe that they are appropriate to be discussed. There are costs inherent in biometric passports and so forth. If noble Lords will forgive me, I will have an offline discussion to take through some of those elements. In some respects I am conscious, as the noble Lord, Lord Hay of Ballyore, said at the beginning, that this is indeed no laughing matter. I understand that but, in truth, we need to recognise that in each of these elements we must be able to deliver for the people of Northern Ireland and for the rest of the island of Ireland.

I also listened to the noble Lord, Lord Patten, when he spoke of Louis MacNeice’s father, Bishop MacNeice. I am a passionate supporter of Louis MacNeice and a great lover of his poetry. I am aware of the line where he said:

“My father made the walls resound,


He wore his collar the wrong way round”.

He was an extraordinary poet but if your Lordships will forgive me, I will bring to you the words which I believe in this instance might be slightly appropriate, although very cryptic. They are from the poem by Louis MacNeice called “Snow”, in which he was confronting two seemingly difficult and different things coming together: broadly, large flowers in a window and snow outside. He simply said:

“The room was suddenly rich and the great bay-window was


Spawning snow and pink roses against it

Soundlessly collateral and incompatible:

World is suddener than we fancy it.

World is crazier and more of it than we think,

Incorrigibly plural”.

In many respects, as we look at the island of Ireland we need to recognise its plurality. We need to recognise how that island will continue but also, none the less, that this Bill is not the place for that amendment. We remain passionate and unwavering in our support of the Belfast/Good Friday agreement. It is enshrined in more than nine pieces of primary legislation and there it will remain.

There will be a negotiation on the joint report—on those three elements—and, in that, I hope that Michel Barnier will be able to respect the views not just of the Irish Government but of the communities of Northern Ireland, whose voices must be and need to be heard. In many respects, I hope that it will be appreciated—

[Baroness Smith of Newnham (LD)]

The Minister keeps talking about Monsieur Barnier. Surely his job is to represent the views of the 27; it is the job of Her Majesty’s Government to represent the views of all communities across the United Kingdom, including the communities of Northern Ireland.

[Lord Duncan of Springbank]

The noble Baroness raises her point but I will be clear in my statement in response: it would be daft if he did not speak to both communities. Irrespective of whether he felt that he must speak to only one Government, the resolution in Northern Ireland will depend upon the two communities, not upon the will of two Governments ignoring those self-same communities. It cannot be done on that basis.

I return briefly to the point that we wholeheartedly agree on the sentiments underpinning my noble friend Lord Patten’s amendment. We recognise, however, that those elements towards its latter half are not workable in that form. They are political statements, which are not legally binding texts, but I must say one final thing. If the noble Lord decides to divide the House, I hope he will recognise that it must not and cannot be interpreted in any way such that either side is not willing to give its wholehearted support to the Belfast/Good Friday agreement, but rather only to this amendment as it has been defined. Let there be no doubt whatever that the Good Friday/Belfast agreement has our unwavering and steadfast support.