Justice and Security (Northern Ireland) Act 2007 (Extension of Duration of Non-jury Trial Provisions) Order 2023

Baroness Suttie Excerpts

Monday 5th June 2023 Grand Committee

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, I thank the Minister for the manner in which he introduced the legislation. Not one of us from Northern Ireland would desire to have this legislation on the statute book at all; we would love to see its end. But then we have to ask ourselves: is it needed? The statistics have been produced in the Explanatory Memorandum, and the notes provided under the heading “policy background” at paragraph 7.5 remind us that on 28 March 2023, the level of threat in Northern Ireland related to terrorism increased from “substantial” to “severe”. We wish it were not true, but it is the reality of the situation on the ground.

We have a continual severe threat, especially against members of the security forces. We saw that with DCI Caldwell, but we thank God in His mercy that his life was spared. I join the noble Baroness, Lady Ritchie, in expressing absolute delight that he was able to be present with His Majesty the King at the garden party. That certainly shows an improvement. We hope that that continues and that he will be restored to a very good measure of health and strength. We know that that was not the intention of those who had planned his murder. Sad to say, the reality of the situation is that they in their hearts would have plans to continue. There is no reason to believe that the terrorist organisations—the dissident republicans—wish to step aside from their acts of terror. We have to face that reality, and the order before us does that.

There is genuine concern about jury threat, intimidation, tampering, or even bias, but we want to ensure that the administration of justice in Northern Ireland, which is the heartbeat of any democratic society, continues. I know that we would long to see the Minister say that this is the last occasion on which that he would ever bring these provisions before your Lordships. However, we have seen just how long they have continued until now. It is not in the hands of noble Lords in this Committee to bring that about, but we hope and pray that we will soon ensure that it is unnecessary and get back to jury trials, which would be more acceptable within society.

I have a simple question for the Minister. I notice from the notes we were given that only a small number of responses were made to the extension of the order; only a very small number of representations were made. Does he have any reason why the number was so small? Does he believe that the community in general is willing to accept that this is a reality that has to be carried on in Northern Ireland at this specific time?

[Baroness Suttie (LD)]

My Lords, I too thank the Minister for his detailed explanation of this order. Without repeating the various points made by other noble Lords in this short debate, I add my voice to those saying that this eighth extension of these provisions is deeply to be regretted, but clearly, while the threat from terrorism remains severe and given the current levels of paramilitary activity and intimidation, the Government, supported by the continued work of the multidisciplinary working group, are right to continue with the provisions. I note that, following the consultations, nine respondents agreed with the need to extend the provisions and two were against.

There can never be any excuse for terrorism or murder in Northern Ireland. Any such acts have to be utterly and roundly condemned. The shooting of John Caldwell was horrendous and devastating for him and his family. As the noble Baroness, Lady Ritchie, said, there has been an escalation in other incidents—perhaps lower in profile but none the less deeply worrying. I add my voice to the relief—congratulations is perhaps too strong a word—that John Caldwell is now making a full recovery. I wish him and his family well in that continued recovery.

As others have said, on these Benches we profoundly believe in the right to trial by jury. We must work to find practical solutions to manage the risk of juror intimidation and robust juror protection measures.

In conclusion, like others, I very much hope that this is the last time we need to see an extension of these provisions. Let us hope that by the time of the next revision, the Executive and the Assembly are once again fully functioning and that the security situation in Northern Ireland is very much improved.

[Lord Murphy of Torfaen (Lab)]

My Lords, I agree with everything that has been said, but it is still a grave and terrible thing to take away the right of a citizen of the United Kingdom to have a trial by jury, which goes back many centuries. Of course, I understand why this occurred. Anyone who, like me, has been watching that wonderful series about the recent Troubles, “Once Upon a Time in Northern Ireland” on BBC Northern Ireland, will understand why you could not avoid jurors being intimated by paramilitaries from both sides if they took part in their legal duty.

But times have changed. Over the last 25 years, roughly 160 people have been killed because of terrorist activity, compared with 3,500 before 1998. That is an enormous change. Many people forget that the Good Friday agreement also dealt with the criminal justice system in Northern Ireland and changed it to such an extent that it became acceptable to all communities in Northern Ireland. That is why, in 2007 there was a major change to ensure that only the smallest number of cases are to be dealt with simply by judges and not by juries. No one wants that to continue in our democratic society—of course we do not.

The only thing that needs to be reflected on—it comes out in the consultation document that the Government produced—is that there are still difficulties. When I looked at the figures it struck me that hundreds of families are still made homeless because of sectarianism in Northern Ireland. Hundreds of people are still attacked and injured because of paramilitary activity in Northern Ireland. Tragically, there are still people killed because of that. While those circumstances continue, it is necessary for this legislation to be continued for a further two years.

I hope the Minister will go back and reflect on what the Committee has said about reviewing the situation with non-jury trials over the next two years. I know there is a working party. I hope it actually operates and that the next time, if we are spared, we come to renew this legislation, we might not have to do so, but at the moment, we do.

I conclude on one other factor. Political instability is the cousin of political violence—a distant cousin, but it is there. The more the Government concentrate their effort on trying to ensure that we get political stability in Northern Ireland by constantly talking to the political parties there and to others concerned, the better, so that when we return after the recess, perhaps—who knows?—the institutions will be restored.

Northern Ireland (Interim Arrangements) Bill

Baroness Suttie Excerpts

3rd reading & Committee stage
Tuesday 23rd May 2023 Lords Chamber

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, I too support the amendment in the name of my noble friends Lord Dodds and Lord Morrow. I also apologise for not being able to be present at Second Reading last Thursday. I am sure that it does not escape the notice of noble Lords that there was a council election on that day. Everyone knew about it, including the Government, yet they had a Second Reading debate on a Northern Ireland Bill in this House.

Like the Minister when he spoke on that occasion, I too regret the fact that we are debating the legislation in the absence of an Executive at Stormont, but the Government have known for over 13 months that a functioning Northern Ireland Assembly and Executive could not continue until the genuine concerns expressed by the unionist elected representatives were adequately addressed. One can bury one’s head in the sand or face reality. We have found out in recent days that burying one’s head in the sand does not do anything; therefore, you have to face reality.

The Northern Ireland protocol and the Windsor Framework were forced on the Northern Ireland people without consent. We all know that the Belfast agreement was built on the very foundation of cross-community consent, but, sadly, the constitutional position of Northern Ireland within the United Kingdom was compromised to appease Europe during the withdrawal arrangements and at the behest of the Irish Republic.

In last week’s debate, the Minister stated that the 25th anniversary of the Belfast agreement is

“an opportunity for all of us to recommit to building an even brighter future for Northern Ireland. Now is the time to decide how we want to move forward together, to create a better future for and deliver on the priorities of the people of Northern Ireland. That includes a more prosperous economy and better, more sustainable public finances and services”.—[Official Report, 18/5/23; col. 381.]

No one could disagree with the sentiments so ably expressed by the Minister, who I think genuinely believed in them. But, in reality, that is all that they were: sentiments.

As we all know, since we last met in the House to discuss Northern Ireland business, there has been an election. Over recent months, the people of Northern Ireland, especially unionist voters, have been bombarded with endless anti-DUP propaganda, much to the delight of some and the dismay of others—so there has been a process of brainwashing the public. Not only was that fuelled by political opponents within republicanism or nationalism but so-called independent observers and commentators—cheered, aided and abetted by the so-called great and good in society—joined in to blame every ill in society on the DUP, including the smallest pothole in some back laneway and the serious, long and grievous waiting lists in the health service.

Of course, none of that happened and those accusations were not made when Sinn Féin boycotted the other place, and Stormont and the Northern Ireland Executive for three years. In fact, I remember debates in this very House when we were told that we were all to grow up and do something to get us out of the situation. In actual fact, it was Sinn Féin that had stepped aside from the Executive and from Stormont, but Members of this House did not have the courage to name Sinn Féin. No: everyone was to blame. We were supposed to be to blame for the actions of Sinn Féin. They pointed the finger and chided us, telling us to return to the Northern Ireland Executive. So here we are today.

After all the brainwashing, the unionist community took a principled stand, as did its elected representatives, on our constitutional rights and demanded to be treated as equal citizens within the United Kingdom. Of course, we are now told that the answer to every ill will be to return to Stormont. Many in this House hoped that, with all the brainwashing process in operation, they would witness the demise, or least the humiliation, of the DUP in the election and the elevation of the Alliance Party as the up-and-coming, as they saw it, central bloc to challenge the DUP. That did not happen. Indeed, Members of this House must face the reality that we have not gone away, you know.

There has been a lot of talk since the election about Sinn Féin’s political tsunami at the election. In reality, the DUP faced a political tsunami of criticism and bile before the election but, through the ballot box, we now know that the unionist people expect their politicians, at a critical moment, to honour their election manifesto pledges, no matter how hard the road will be, and we will.

It is true that Sinn Féin has increased its representation and become the largest party within local government by practically wiping out the SDLP, but was the political tsunami as it has been told to us? In actual fact, Members have perhaps not realised that Sinn Féin went down 20,000 votes in the council elections from the last test one year ago, the Assembly election. The Alliance Party went down by 17,000 votes, the Ulster Unionists by 15,000 votes and the SDLP by 13,000 votes. The party that went down least in votes since that last test was the DUP. I know that this is very hard for some to swallow. Indeed, commentators nearly choked admitting it, and the media outlets found it extremely hard to acknowledge that the DUP did not lose one seat at the Northern Ireland council elections.

So we faced political brainwashing, which failed, but we now face and confront what is, in my book, political blackmail. Part of the Bill’s provisions relate to decision-making for the Northern Ireland Civil Service. Recently, the Government set a budget and, according to the Northern Ireland Fiscal Council, civil servants will be expected to find £800 million in cuts and revenue-raising measures. The cuts demanded are harsher than any facing other Whitehall departments, but it is hoped that, when they begin to hit the community, the DUP will be blamed again.

Civil servants now want to meet the political parties in Northern Ireland to guide them where to make the cuts and to slash services. That is what the new Executive are supposed to do. Because of this budget, we are told that 300 fewer nurses will be trained this year while the health service is already understaffed. To pay the nurses a proper wage, as negotiated on the mainland, more cuts will have to come. That is at a time when the Government here in London boast that they plan to train thousands more nurses and doctors.

Under New Decade, New Approach, we were promised that police numbers would be 7,500, but while in England the Government boast of recruiting 20,000 new police officers, our chief constable tells us that we are to reduce our numbers of police officers, which are now down to 6,500.

My noble friend Lord Morrow outlined that, compared to Scotland and Wales, our budget has been underfunded by £1.2 billion. In my honest opinion, this underfunding and unfair budget for Northern Ireland is not by chance but by design. Those in authority know well that these cuts, when they come, will hurt the sick, children, the vulnerable, the elderly and the weakest in society, but they believe that this would be a price worth paying to force the Assembly and the Executive to get up and running.

The Government have already told us that the black hole in our finances was because of the Executive and that Assembly decisions and the crisis in the health service, infrastructure and education happened under the stewardship of this Executive. What can the Executive do to alleviate the problems facing society when they are told that they will have to make cuts, and more cuts? I am reminded of when I was in the other place and the Labour Government were leaving office, and a certain Minister wrote a famous note that said, “There’s no money left”. We are told that there have to be cuts, but we all know that this is to be used to endeavour to blackmail the DUP to get back into the Executive, with a nod and a wink that money will follow if they do—in other words, the money tree will magically blossom again. But that would be at the cost of tramping over every genuine promise made to the unionist electorate that we would stand firm until the Government granted us equal rights within the United Kingdom. Some will say, “Isn’t that what most parties do—break their promises?”

As I conclude, I have no doubt that the Government, facing the reality posed by recent elections, will seek to cobble something together, hoping to satisfy some with meaningless words, but that will not do. Unionists as well as nationalists have faced difficult days because of the 30 years of the IRA campaign but, with resolve and belief in the right of our cause, we must prevail. I trust that the party in government, which prides itself on being named the Conservative and Unionist Party, will honour the pledge it made to the people of Northern Ireland to respect all parts of this United Kingdom, and thereby rid us of the undemocratic protocol and Windsor Framework and allocate the necessary funds to make life more comfortable for the less well-off. I support the amendment.

[Baroness Suttie (LD)]

My Lords, I will endeavour to be fairly brief. I have quite a lot of sympathy with the DUP amendment. Indeed, I raised similar points at Second Reading last week, and it is similar to an amendment tabled in the House of Commons by my friend Stephen Farry MP.

There is no doubt that Northern Ireland faces an extremely challenging situation as regards future public financing, but I am afraid that I completely agree with the noble Baroness, Lady Ritchie: surely the place for this to be debated is the Northern Ireland Assembly. I am under no illusions that a fully functioning Assembly and Executive would immediately be able to resolve these complex issues, but they would provide one strong voice to lobby the Treasury—a voice that is much closer to the people affected by these issues.

I have to say to the noble Lord, Lord McCrea, that I am a democrat—a Liberal Democrat—and someone who believes in the union and believes strongly in democracy. Both the House of Lords and the House of Commons have overwhelmingly supported the Windsor Framework agreement. I hear what noble Lords have said; I understand there is still a strong feeling about this issue. I sincerely hope the Assembly and Executive will be fully functioning as soon as possible but, listening to the debate this afternoon, I am perhaps less optimistic than I was before the debate. Can the Minister say, if it is not fully functioning again, how these issues will be dealt with in terms of parliamentary oversight? I presume, as ever, he will consult and involve all the political parties on this, as a Bill has to come forward, but this is just a plea to the Minister to make sure that all parties are consulted. Could he say a few words about how parliamentary oversight could be properly achieved? I plea, one more time, to the noble Lords opposite: surely a fully functioning Assembly and Executive is the best way forward, to have their voice heard loud and clear.

Northern Ireland (Interim Arrangements) Bill

Baroness Suttie Excerpts

2nd reading
Thursday 18th May 2023 Lords Chamber

[Baroness Suttie (LD)]

My Lords, it is a great pleasure to follow the speech of the noble Viscount, Lord Stansgate, on the unusually important but not often raised issue of science in Northern Ireland and the role that Northern Ireland can play in that regard. I, too, begin by paying tribute to Lord Brooke of Sutton Mandeville for the invaluable work he did in paving the way towards the peace process. I was very moved by the Minister’s comments—I know he used to work for him—echo his sentiments and send my condolences to Lord Brooke’s family.

This has been a very interesting and, in terms of recent debates, relatively short debate. No doubt many colleagues are back in Northern Ireland today for the local election polling day. As ever, I thank the Minister and his private office for the very courteous way in which he consulted all parties ahead of Second Reading. As is customary and has been said by all noble Lords speaking in this debate, we support the need for the Bill but deeply regret that it remains necessary. One can but hope that with the results of the local elections in Northern Ireland at the weekend will come an end to this continued state of political paralysis and limbo. The continued absence of a functioning Executive and Assembly is hugely to be regretted and is having an extremely negative impact on ordinary people’s lives. It is causing financial, governance and constitutional issues that are of concern to us all.

A Northern Ireland friend told me this week that her mother had a fall last Thursday afternoon and ended up at A&E at the Ulster Hospital in Dundonald. There were 165 people in the queue ahead of her, including children with broken bones, and nine ambulances were waiting outside. In Northern Ireland, as perhaps elsewhere in the UK, the NHS is in a state of crisis and, for as long as there remains no functioning Executive and Assembly, there is little or no opportunity to take major healthcare or other public sector decisions. The state of limbo is equally resulting in an inability to promote educational reforms, to move forward and make progress in dealing with the legacy of the past or to take long-term economic strategic and budgetary decisions for the future.

This is all the more tragic because there are potentially very positive economic opportunities for Northern Ireland. A major trade conference is planned for September and the US envoy has offered to bring a trade mission to Northern Ireland, but without a functioning Executive in place it will be hard to take full advantage of these opportunities. While praising the continued hard work and dedication of the Northern Ireland Civil Service, does not the Minister agree that this continued state of limbo is putting the Civil Service in a very awkward position? Although the Bill seeks to put sticking plaster over some of the difficult public sector finance issues facing Northern Ireland, does the Minister agree that the definition of public interest, as set out in the Bill, is ultimately a subjective political judgment?

It is not our intention on these Benches to table amendments to the Bill before us today, but I would like to ask some follow-up questions on reviewing public financing stemming from the amendments tabled by my friend Stephen Farry MP and the Alliance Party in the House of Commons last week. If the Minister is unable to give an immediate response to these questions, perhaps he would consider giving a more detailed response later in a letter.

First, would the Minister consider commissioning a report to provide an assessment of expenditure costs stemming from duplication as a result of divided communities, and its impact on public finances in Northern Ireland? Secondly, does he agree that it would be useful to engage with the Treasury on options to provide an “invest to save” fund to support the transformation and sustainability of public finances in Northern Ireland? Thirdly—an issue raised by other noble Lords already—will the Northern Ireland Secretary engage with Northern Ireland departments and the fiscal council in relation to the Barnett formula and a needs-based review?

The 25th anniversary of the Good Friday/Belfast agreement reminded us all that progress is made as a result of political leadership and courage, often at the highest level. The signing, welcome on these Benches, of the Windsor Framework agreement was also clearly driven by the Prime Minister. I appreciate that there are a great many other issues currently facing the Prime Minister, but does the Minister agree that finding a way to end the continued impasse and bring back a functioning Executive has to be a key priority for the Prime Minister and his team in the weeks ahead? If that does not happen and the current stalemate continues, can the Minister tell us what thought has been given to how and when the Government will decide that, for the sake of the people of Northern Ireland, enough is enough?

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Baroness Suttie Excerpts

Committee stage
Thursday 11th May 2023 Lords Chamber

[Baroness Suttie (LD)]

My Lords, I apologise to the Minister and the Committee that, due to an earlier engagement, I will unfortunately have to leave before the end of this group. If noble Lords will indulge me, I will speak briefly now. I agree with an awful lot of what the noble Lord, Lord Dodds, has said about the general approach to the Bill. This is the fourth day and we continue to have tremendous dissatisfaction with it, notwithstanding the generally positive approach of the Minister, who has been exemplary in his ability to listen to us and respond at every stage.

I thank the noble Lords, Lord Faulks and Lord Butler, and others for their explanation of newly tabled Amendment 154A, but it is potentially quite a detailed change. We should discuss it in much more detail, perhaps on Report. It could have significant consequences, so I hope we can look at it in more detail before then. I look forward to at least reading the Minister’s response in Hansard.

These Benches strongly agree with the powerful and detailed speeches from the noble Baroness, Lady O’Loan, and the noble Lord, Lord Browne. These primarily probing amendments correctly ask the Government to explain their position on the continuation of investigations. The amendments from the noble Baroness seeking to remove Clauses 39 and 40 raise some extremely important points. I look forward to reading the Minister’s response to many of the issues she raised, because they are still unresolved and we have not yet had satisfactory answers to them. As a general point, can he reassure the many victims and their families that their hopes of justice will not be undermined by those two clauses as drafted? Can he clarify the situation for those who had been given additional hope through an investigation, inquiry or inquest having started, and give us more details on the process and timescale proposed in this Bill?

The Minister knows that we are all very grateful for his active engagement on this Bill. He has shown repeatedly that he is prepared to listen and respond. However, I suggest that discussions with noble Lords such as the noble Baroness, Lady O’Loan, who has so much experience to share, about some of the realities and consequences of Clauses 39 and 40 would be very welcome—indeed, necessary—between now and Report.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I support the amendments in the names of my noble friend Lord Browne and the noble Baroness, Lady O’Loan, to which I was a signatory along with my noble friend Lord Murphy on the Front Bench, because we are firmly opposed to the removal of access to inquests for victims. The standard bearer in all this should be adherence to the rights, needs and requirements of the many victims and survivors, as the noble Lord, Lord Dodds, is clearly also saying in his amendment. Victims and survivors should have primacy.

In all the debates on this Bill, noble Lords from Northern Ireland and across the House, political parties in Northern Ireland, the Commission for Victims and Survivors and all those organisations that represent the needs of victims and survivors have clearly enunciated their opposition to it as drafted because it does not provide for the needs of victims and survivors.

Like the noble Lord, Lord Dodds, and the noble Baroness, Lady O’Loan, I heard the Secretary of State refer yesterday to “game-changing amendments”, to which reference has been made today on the BBC Northern Ireland website. Can the Minister tell us what those game-changing amendments are that will be brought forward on Report? The only amendments should be those that reject this Bill; like all the other Bills that have been withdrawn or substantially changed, it should be withdrawn.

Flags (Northern Ireland) (Amendment) Regulations 2023

Baroness Suttie Excerpts

Wednesday 26th April 2023 Grand Committee

[Lord Browne of Belmont (DUP)]

My Lords, there is nothing in these regulations that one could disagree with, so I am pleased to support them. As the noble Lord, Lord Rogan, said, the flying of flags and displaying of emblems in Northern Ireland can be, and is, an extremely contentious issue among Northern Ireland’s unfortunately divided community. In the past, we have seen it lead to civil disturbance; I hope those days have long passed. To reiterate what my friend, the noble Lord, Lord Rogan, said, in Northern Ireland government buildings are legally restricted to flying these flags on designated days, unlike the rest of the United Kingdom which has the option to fly the flag every day.

I too have a question for the Minister, who I know will be able to answer it well because he has had considerable experience in the Northern Ireland Office. It is over a year since the Northern Ireland Office relocated to its very fine building, Erskine House, in the centre of Belfast, which is eight storeys high. It is my understanding that Erskine House is not bound by these regulations. Can the Minister say whether the department has made any decision on whether to fly the flag every day, on the designated days, or not at all?

On the visit of the President of the United States to Belfast, which people welcomed, many have commented that his official state car did not display the union flag, which I understand is the normal protocol when a head of state visits. Perhaps the Minister can update me on what the protocol is.

Finally, for the celebrations of the Coronation, I am sure that those who wish to display the union flag will fly it with dignity and respect.

[Baroness Suttie (LD)]

My Lords, it has been an interesting short debate. I too shall be brief because, clearly, the Liberal Democrats also support the regulations that we are debating today.

As other noble Lords have said, the debate is perhaps an opportunity to remember the late Queen Elizabeth II and all that she did to strengthen the United Kingdom and our relations with Ireland during that extremely historic visit.

I hope the Minister may recall that when we last debated designated flag days last September, I asked him whether further consideration had been given to adding to the number of days through commemorating the Battle of the Somme. Several noble Lords, including the noble Lord, Lord Hannan, gave their support to the idea. Have the Government reached a view on adding that battle to the designated flag days?

While I support the regulations, I think it vital that we repeat the importance of respecting how people feel about the flag and its symbolism. I also support what the noble Lord, Lord Murphy, said about hoping that the Northern Ireland Assembly returns as soon as possible.

I sincerely hope that the Coronation goes smoothly and enjoyably, and that the festivities go well in Northern Ireland as well as elsewhere in the United Kingdom and the wider world.

[Lord Caine (Con)]

My Lords, I am grateful to those who have contributed to this short but well-informed and important debate on the regulations before us. As seems customary on these occasions, I thank the noble Lord, Lord Murphy of Torfaen, with whom I concur on virtually everything he said. He and other speakers, including the noble Baroness, my noble friend Lord Rogan and the noble Lord, Lord Browne of Belmont, rightly paid tribute to the legacy of Her late Majesty Queen Elizabeth. Like other noble Lords, I was privileged to be present at some of those historic occasions; for example, the handshake in the Lyric Theatre in 2012 during the Diamond Jubilee tour of Northern Ireland. Like my noble friend Lord Rogan, I was also present at Bushmills on that day in 2016 when Her late Majesty unveiled the statue of Robert Quigg. It was a poignant and moving ceremony.

I agree also with what has been said about His Majesty the King and his deep commitment to Northern Ireland. Without in any way going into private conversations, I think we can all be confident that His Majesty will do everything to maintain the marvellous legacy of his late mother, whose ability to bring people together from across the community divide in Northern Ireland was a remarkable achievement. I am sure that will continue under His Majesty.

I also agree, of course, with the comments from the noble Lord, Lord Murphy, and the noble Baroness, Lady Suttie, about the need to get the Assembly back up and running and this being an absolute priority. My noble friend Lord Rogan referred to the events of 25 years ago, with which he was intimately associated—as was the noble Lord who chaired strand 1 of the talks. He referred to the fact that we were together at Queen’s last week for some events to mark the 25th anniversary. It reminded us how important it is to get these institutions back up and running as quickly as possible so that we can start to build a Northern Ireland that works in the interests of the whole community there; that is the surest foundation for Northern Ireland’s position in the United Kingdom.

Windsor Framework (Democratic Scrutiny) Regulations 2023

Baroness Suttie Excerpts

Wednesday 29th March 2023 Lords Chamber

[Lord Weir of Ballyholme (DUP)]

My Lords, I support the amendment in my noble friend’s name. I welcome some of the remarks of the noble Lord, Lord Bew. It is good to know that we have achieved such success with this agreement that we are at least better than Vichy France. That seems to be setting a very high bar, which fortunately enough we have overcome. I also say that it is abundantly clear, and I shall deal with this, that a lot of the problem around this is the issue of spin.

Anybody who takes even a cursory examination of the seven tests that the DUP put down will see that they are not met. Issues around the Act of Union, around the consent principle and around the democratic deficit, and even around the diversion of trade, are not met. Anybody, for instance, who takes time, post-Windsor Framework, to meet the haulage industry and hear it tell not only of the problems but of the many millions of pounds it is spending in anticipation of additional diversion once the grace period ends will see that that is not the case.

Like my noble friend Lady Foster, I was recently appointed by my party leader to the Windsor Framework panel. I should say, for the avoidance of doubt, because there has been a little misconception, that our job is to listen to what people are saying and to consult a wide range of groups. We are doing that. The situation is ongoing but soon to come to a conclusion. It is not, as has sometimes been alleged, some form of Star Chamber panel, or indeed intended to produce a recommendation. That may disappoint some who hear that news. Others, by the end of my speech, may be mighty relieved that we have not been given that role; nevertheless, that is the role that we are performing.

I want to concentrate, as discussions are ongoing, on the plethora of obfuscation, contradictory documents and oversell that have been the hallmarks of the Government’s approach since the signing of the Windsor Framework. Noble Lords will note that I do not accuse the Government of being deceitful on the Windsor Framework. To accuse this Government of being deceitful would be utterly ridiculous. We know, over the last number of years, that this Government, particularly in the other place, have been a paragon of virtue; they have held aloft the bright light of truth and probity, so no one could make any accusation of deceitfulness towards this Government stick. So, I will concentrate on the other aspects.

On obfuscation, mention has been made already that on the day, I think, that the Windsor Framework was reached, in another place the Prime Minister on a number of occasions said that if there was clarification to be given, he would give it. Yet, as my noble friend Lord Dodds said, a number of us have put down question after question on, for example, the 1,700 pages, the 300 areas of law, or the 3% that is claimed, and we have got, in terms of answers, no real clarification. And it is not simply in a parliamentary fashion: again, if you talk to people in the haulage industry, who are probably the people at the sharpest end of this issue—they are the people who, whatever happens, will have to implement what is there—they will tell you they have myriad questions, as indeed the noble Lord, Lord Hain, did today, that remain unanswered. Yet we see this statutory instrument pushed through very quickly, before we know what the answer to those is.

On the issue of contradictory documents, anybody who takes the time to read the Command Paper and the proposed EU laws will see myriad differences across a range of areas. Gerald Kaufman referred to the infamous 1983 Labour manifesto as the longest suicide note in history. This Command Paper may be the longest press release ever written, and it does not seem to bear a great deal of similarity to the EU text. At the end of the day, I do not know exactly where the truth lies, but it is not helpful to have these contradictory messages.

We have been faced with a level of oversell. As the noble Baroness, Lady Foster, said, a much better judgment could be made if it was put before us warts and all, for example on the green lanes. I am sure that noble Lords have experienced green lanes when going through airports unchecked and untroubled. The Command Paper tells us that the level of paperwork required to transport goods through the green lane would be the equivalent, for example, of that required to transport goods between Southampton and the Isle of Wight. Yet we know that information will need to be given, albeit a reduced amount, and customs declaration forms put in place; as time moves on, between 5% and 10% of goods will have checks on them; lorries will need to be sealed and their movements monitored, so they cannot move about. If the Government were arguing that this was a lighter-touch version of what was proposed, it would have some credibility, but it is an oversell to pretend that this is frictionless trade.

We were told in a government social media message on the significant issue of transporting guide dogs, one of a series, that things were now an awful lot easier and how wonderful it is that dogs can move from Northern Ireland to Great Britain. It is, but to make that claim is to say that we should be very grateful for being permitted, within our own country, to move pets about. Not only do many of us find that a bit offensive but it is entirely counterproductive from the Government’s perspective, because it builds up resentment in the psyche of the people of Northern Ireland over something that so obviously should be done.

In selling this deal, the Prime Minister came to Lisburn and said that not only would there be a level of advantage to it but that Northern Ireland would become

“the world’s most exciting economic zone”.

One can draw two conclusions from that. Clearly, it was tying in Northern Ireland to follow the rules of the single market and have access to it while having access to the UK market—effectively, being in a unique position. Either he was overhyping that in a desperate attempt to oversell it, or he genuinely believes it. If it is the latter, why is he not advocating a similar position for the whole United Kingdom? Many noble Lords who might take a slightly different view of Brexit from me would say that the whole of the United Kingdom should be in the single market, or it should never have left the European Union in the first place. We need to know whether the Prime Minister supports that view, because that is the logic of what he said in Lisburn—assuming that he is not simply trying to oversell it.

This brings me to the Stormont brake. For its provisions to be operable, there are a large range of hurdles to be overcome that might challenge even Sally Gunnell or Kriss Akabusi. The Secretary of State told us that the Government would be bound to veto anything brought forward from Northern Ireland, but there is plenty of wriggle room within that. If the Government were saying of the Stormont brake, “This is an opportunity for Members of the Assembly to raise issues and concerns”, that could be acknowledged as correct. However, it is not a Stormont veto. The problem with what the Government have said on this is that it is yet another example of overselling.

We want to make progress. We need the Government to deliver something that properly deals with a range of issues: to ensure that the consent principle, as enshrined in the Belfast agreement, and the internal market of the United Kingdom are properly restored; to deliver arrangements with frictionless trade, as the Government promised of the Windsor Framework; to make sure that there are effective mechanisms to ensure that Northern Ireland does not diverge economically from the rest of the United Kingdom and that those opportunities are still there; and above all—this is crucial to unionists—to ensure that the Act of Union is properly restored. Those are reasonable demands. We are being treated a bit like some distant province in the Roman Empire. However, these are not things that the mighty Caesar needs to deliver; they lie largely within the competence of the Government.

I mentioned Lord Trimble in my maiden speech. One of my earliest meetings with him, as a student, was as part of a team working with him on a publication he was producing to analyse the governance of Northern Ireland. Its title was Ulster—The Internal Colony. More than 30 years later, Northern Ireland is still being treated as a colony. Let us see not just words but action and legislation from the Government to enable proper progress, because what we have at the moment is totally inadequate.

[Baroness Suttie (LD)]

My Lords, it is probably time to move on to the concluding speeches, as we have heard from every DUP Peer present. This has been a thoughtful and comprehensive debate. Like the noble Lord, Lord Lilley, I have agreed with bits of many speeches—although, I suspect, slightly different bits from the noble Lord—and it has shown some of the strengths and weaknesses of how we debate in this Chamber.

These Benches welcome the Windsor Framework and will vote against the amendment to the Motion if there is a Division. As noble Lords have said, the framework is not perfect—far from it. To quote the noble Baroness, Lady Foster, we would not have wanted to start from here. However, it is a significant improvement on the original Boris Johnson deal. Perhaps most importantly, I sincerely hope the Windsor Framework marks the beginning of a normalisation of our working relations with Brussels, as the noble Lord, Lord Robathan, said—a return to negotiation and constructive dialogue rather than the threats and bad faith that have characterised the last three years during the Boris Johnson and Liz Truss era. In that respect, I agree with the short but powerful speech of the noble Lord, Lord Lexden.

It is also welcome that, as a result of the negotiations, progress has finally been made on veterinary, sanitary and phytosanitary measures, which we have been calling for consistently from these Benches. The vote last week in the House of Commons was overwhelming: 515 to 29. Although it was nominally about the Stormont brake, which we are debating today, in reality it was a vote on the wider Windsor deal. It is in that spirit that I will focus my remarks today.

Windsor Framework

Baroness Suttie Excerpts

Tuesday 7th March 2023 Lords Chamber

[Lord Caine (Con)]

I am grateful to my noble friend; I cannot imagine what possible point he is trying to make with his question, but I can assure him that the attributes he set out are all ones that my right honourable friend the Prime Minister has in spades.

[Baroness Suttie (LD)]

My Lords, does the Minister agree that what businesses in Northern Ireland need now is stability and the ability to plan? Does he further agree that, while it is reasonable to allow all parties, including the DUP, time to examine the Windsor deal in detail, it is not reasonable to allow one party to continue to block progress indefinitely?

[Lord Caine (Con)]

I am very grateful to the noble Baroness. She is absolutely right that Northern Ireland needs stability and certainty. As I said in response to a Question last week, for those of us who passionately believe in the union of Great Britain and Northern Ireland, and Northern Ireland’s position within the United Kingdom, restoring the institutions and having political stability in Northern Ireland, and building a Northern Ireland that works for all parts of the community, is the surest foundation for strengthening the United Kingdom.

Stormont Brake

Baroness Suttie Excerpts

Thursday 2nd March 2023 Lords Chamber

[Lord Caine (Con)]

I thank the noble Lord. I must call him my noble friend, because we go back so many years. He makes very important points. I thank him for his contributions on these subjects, not only today but over a number of months and years. Of course, he is right to highlight the importance of stability, to which I referred in an earlier answer. That is the surest foundation for the union and for strengthening Northern Ireland’s position within the United Kingdom.

On the broader point, he referred to derogations. So much of what we have had to do through grace periods and easements has now been made permanent because of the Windsor Framework. That allows us to move on. In a similar vein to my noble friend Lord Cormack, I hope that one of the consequences of this is that we can now move forward, not just in Northern Ireland but in our broader relationships with friends, partners and colleagues in the European Union.

[Baroness Suttie (LD)]

My Lords, I, too, welcome the agreement and hope that it will lead very soon to a return to a functioning Assembly and Executive—for if there is no Stormont, there is no Stormont brake. Given the very real concerns of the Alliance Party and the SDLP, can the Minister say whether the Government intend to introduce a review mechanism to assess how the Stormont brake is working in practice once it is up and running?

[Lord Caine (Con)]

Of course, and I recognise that different parties will have different views and concerns. One purpose of the engagement that my right honourable friend will undertake in the coming days will be to establish what they are and where we can find agreement. As I said in my Answer to the noble Baroness, Lady Ritchie, the framework—the clue is in the name—sets out the framework for the Stormont brake, but there are some details to be filled in as to how things are codified. There will need to be legislation in this area setting out things in more detail, and I am sure that will be part of it.

Northern Ireland (Executive Formation and Organ and Tissue Donation) Bill

Baroness Suttie Excerpts

2nd reading
Monday 27th February 2023 Lords Chamber

[Baroness Suttie (LD)]

My Lords, I also thank the Minister for his clear presentation of the Bill. I utterly condemn the shooting and attempted murder of Detective Chief Inspector John Caldwell in Omagh, a community that has already suffered so much pain and loss. As the joint statement from the political leaders said so powerfully, there should be

“absolutely no tolerance for such attacks by the enemies of our peace.”

From these Benches, we commend the continued dedication of the PSNI and wish John Caldwell a full and speedy recovery. Our thoughts are with his family at this very difficult time. That appalling act last week also served to remind us just how fragile the peace process is and that it should never be taken for granted. As the noble Baroness, Lady Ritchie, said, it was none the less encouraging to see how quickly the political leaders in Northern Ireland came together and united in condemning this truly awful and barbaric act.

As my noble friend Lord Alderdice said so movingly in this speech, we congratulate Dáithí and his family on their remarkable campaign that has led us to this point. I also thank the British Heart Foundation for its support. Although it is very much to be welcomed that the Bill has facilitated, finally, the introduction of Dáithí’s law, we should not forget that this should have been happening in the Northern Ireland Assembly, which brings me back to the primary purpose of the Bill: trying to deal with the consequences of the ongoing absence of a Northern Ireland Executive and Assembly.

From these Benches, we support the Government on the Bill. We think that it is the right thing to do, but we deeply regret that it is once again necessary. It is right to give time and space for a resolution to be reached without the inevitable heat of an election campaign, but we hope, as others have said, that the Executive and the Assembly are back up and functioning long before the deadline contained in the Bill. We have had so many debates on the situation in Northern Ireland recently, but almost no matter what subject we are debating, we always end up looking back at the protocol. Today there is obviously a very different background to our debate, and, clearly, we all have to examine the proposals announced today in detail.

Since the referendum in 2016, at times we have seen ideology dominate our politics across the United Kingdom at the expense of finding pragmatic solutions to the situation in which we find ourselves. The unionist population was treated very badly, perhaps most of all by the former Prime Minister, Boris Johnson, who ignored political realities and complexities in Northern Ireland for his own political ideological purposes. In that regard, I very much agree with the comments made by the noble Lord, Lord Lexden.

I worked for nearly 10 years in the European Parliament—mostly for an Irish politician, as it happens—and I know that, if you have a positive working relationship based on trust with key players in the EU, you can always find pragmatic solutions to problems and issues. For my speech this afternoon, I had prepared a set of remarks on the two parallel democratic deficits currently faced by Northern Ireland because of the protocol and the absence of a functioning Assembly and Executive, but, given the circumstances and the announcement of the deal today, I shall limit myself to a direct appeal to all parties in Northern Ireland. There was a problem with the protocol—everyone accepts that—and the Government and Brussels have listened. The deal may not be perfect, and we all need to look at it in detail, but for the sake of the people of Northern Ireland, get the Assembly and the Executive back up and running and, if necessary, change and improve this deal from within.

Postponement of Local Elections (Northern Ireland) Order 2023

Baroness Suttie Excerpts

Wednesday 22nd February 2023 Grand Committee

[Lord Murphy of Torfaen (Lab)]

My Lords, the Opposition support the Government in this statutory instrument. When the Minister was explaining the rationale behind it, he also explained how complicated electoral arrangements in Northern Ireland are under the STV system. I had forgotten how long and complicated the process is and, therefore, it is absolutely sensible that this happens and that the elections are postponed to a later date.

I know, from reading the notes on the instrument, that the Government consulted the political parties in Northern Ireland and that no one raised objections to the elections being postponed. In a way, that is quite a good thing, because it means that parties that are not necessarily interested in the Coronation have not opposed the postponement of the elections.

I hope, as the Minister said, that the Coronation will be celebrated in a robust and worthy way in Northern Ireland, as it will be in the rest of the United Kingdom. I too will celebrate it, but it reminds me that when the present King was Prince of Wales, and when I was Secretary of State, he took a huge and very active interest in Northern Ireland matters—not simply going to garden parties and events like that but meeting the main players in civic society in Northern Ireland, in a positive way. I hope that the Coronation, in its new form, and the reign of the King, short as it will be by then, will be fully celebrated in Northern Ireland on that weekend, and that we ensure that there is also an opportunity then to take a break from the politics of Northern Ireland.

This leads me to my last point. I sincerely hope that, by the time the Coronation is held, we have an Assembly and Executive up and running in Northern Ireland.

[Baroness Suttie (LD)]

My Lords, the Liberal Democrat Benches also support this order and regard it as a necessary and common-sense approach to solving this issue. We also welcome this opportunity to debate it briefly—and I think that we will all be brief. As the Minister said, under the single transferable vote system—the proportional representation system used in Northern Ireland for local elections—it just would not have been possible to finish the count before the Coronation celebrations and events began. This would have had an impact on the staff and the valuable job that they do in working so hard to handle the count, because counting an STV election is very complex. It could also have an impact on the candidates and the voters.

I have a very brief point on that. It is very important for voters across the United Kingdom, including in Northern Ireland, to have confidence in the democratic system and to know that, once they have voted, their votes will be counted and that, at the next stage, the elected representatives will get on with serving the community in which they have been elected. In that regard, I also hope that, by the time we celebrate the Coronation, there will be a fully functional and active Northern Ireland Assembly and Executive.

Delaying these local elections in Northern Ireland clearly makes sense so that the count will not be interrupted. I, for one, hope that everybody enjoys the celebrations around the Coronation as much as I hope to do; I am grateful that they will be taking place in May, which is usually a wonderful month across the whole United Kingdom. I hope that we will have good weather in Northern Ireland so that people can celebrate.

[Lord Browne of Belmont (DUP)]

My Lords, I am pleased to rise in support of this order. I have to admit I am old enough to remember the Coronation of Queen Elizabeth II in June 1953—