(2 years, 2 months ago)
Lords ChamberMy Lords, it is a pleasure to follow that speech by the noble Lord, Lord Weir, which was one of the most thoughtful that we have heard this afternoon.
The noble Baroness should not dare to accuse me of thoughtfulness.
I also agree with what the noble Lord said, and share his sentiments, about the threats to Sir Jeffrey Donaldson. As he said, such threats, wherever they come from and whoever receives them, are never, ever acceptable.
I thank the Minister for his introduction to this short Bill and echo his sentiments in welcoming the noble Lord, Lord Empey, back to his place. We always enjoy his contributions, and we missed them when he was not around so much recently.
It is now nearly two years since the Northern Ireland Executive collapsed—two years in which civil servants have had to take decisions which should have been taken by the politicians elected to deal with the very difficult situation that faces the people of Northern Ireland on so many issues. As other noble Lords have said, the health system is in crisis, and vital decisions are not being taken on education, the economy and future financing. The people of Northern Ireland are being badly let down and, as others have already said, last week’s public sector strikes showed all too clearly the level of frustration that people now feel. Ample time has been provided to reach a conclusion. There have now been so many occasions when we had been led to believe that a decision was close, and then it does not materialise.
However, from these Benches, we recognise the huge amount of work undertaken by the Government in the last two years and that some progress has been made. We welcomed the Windsor Framework, and we welcome the financial package announced before Christmas—in particular, the separate stabilisation fund to undo some of the harm created by cuts and to tackle backlogs, and the transformation fund to allow Northern Ireland to improve its public services.
However, financial stability alone will not address all the issues. Financial stability requires political, constitutional and institutional stability. In that context, from these Benches, we sincerely hope that this latest attempt and necessary extension of the timeframe will result in a return to a fully functioning Executive and Assembly. For that reason, we will not oppose the Bill. We can but hope that this latest attempt is successful and that this is indeed, as the Minister has said, the last such Bill of this kind.
However, if this latest extension to 8 February does not result in the outcome that we all hope to see, will the Minister confirm that the Government intend to return with a more comprehensive Bill, which would not be subject to this truncated timetable? As the noble Lord, Lord Empey, said, this really is not the way to do business. Will the Minister further confirm, were such a situation to arise—which we all hope it will not—that he would be willing to consider more extensive reforms at that point?
Northern Ireland has to be governed and, however good the civil servants are, it is unacceptable—including for the civil servants themselves—to continue with the current situation. The people of Northern Ireland have been incredibly patient, but, every day that these issues are parked and the can is kicked further down the road, more and more damage is being done. Northern Ireland deserves better.
(2 years, 2 months ago)
Lords ChamberI am grateful to my noble friend. I entirely agree with his first points about the Windsor Framework. From everything I have seen, the framework appears to be working very well. On his second point, I am afraid I part company in that I see no evidence to support the proposition he made. In respect of reform, we have always made it clear that we will look at any sensible reforms to the system that are consistent with the underlying principles of the Belfast agreement.
My Lords, the continued lack of an Assembly and Executive is now reaching crisis point, and the people of Northern Ireland are being badly let down. Clearly, as the parties in Northern Ireland have said, the funds should be released. Further to his answer to the noble Lord, Lord Clarke, can the Minister confirm that, in the forthcoming legislation to deal with the situation in Northern Ireland, nothing should be left off the table in terms of reform?
I am very grateful to the noble Baroness. I repeat what I said to my noble friend Lord Clarke of Nottingham; sensible reforms will always be considered so long as they can command widespread consent across the community and are consistent with the principles of the agreement. On the legislation, I am afraid I cannot pre-empt what my right honourable friend is likely to announce next week. All I can do is urge the noble Baroness to contain her excitement for a few days.
(2 years, 9 months ago)
Lords ChamberMy Lords, Clause 42, to which this amendment applies, deprives those who suffered loss or damage as a consequence of the Troubles of the ability to bring or continue any civil action after 17 May 2022—some 14 months ago. A relatively small group of UK citizens from every part of these islands is to be deprived of their rights not only to bring a civil action but to inquests and to full human rights-compliant criminal investigations by virtue of the restrictions still placed on the investigative powers of the ICRIR by this Bill.
The long title of the Bill is amended by one of the amendments. It describes the purposes of the Bill as being to
“promote reconciliation by establishing an Independent Commission for Reconciliation and Information Recovery, limiting criminal investigations, legal proceedings, inquests and police complaints”.
The purpose of the Bill is clearly stated, but at no stage has the Minister explained how it is expected that limiting criminal investigations, legal proceedings, inquests and the investigation of police complaints will promote reconciliation. I am unaware of anyone who thinks it will.
The real purpose of the Bill is to protect the Government from having to pay damages for those occasions on which investigation reveals that the state acted in breach of its duties to protect life. At its simplest, if somebody was murdered, and the state had prior knowledge and did not intervene or prevented proper investigation—and we know that these things happened right across our communities—a cause of action is disclosed. Now, in addition to the provisions of these amendments, there will be no right of action for bereaved and grieving families. That is the first purpose: to stop civil actions. The second purpose is to control access to information so that some people will never be able to prove what happened in cases involving state actors. The third purpose is to protect those veterans—they are few—both police and military, who may have committed the greatest crime, that of murder, from being subjected to due process. This Bill, as everyone has said, has been roundly and consistently condemned in the UK, by the Council of Europe, by the European High Commissioner for Human Rights, by the UN and by many others. It is a terrible breach of our international legal obligations.
Internment without trial was introduced on 9 August 1971 and continued until 5 December 1975. About 340 people were detained initially, often just scooped up by the Army because of their age and where they lived. About 100 were released within 48 hours; 17 people died in the rioting which followed and an estimated 7,000 Catholics had to flee their homes when they were attacked by loyalists. Initially, internment was carried out under regulations made under the special powers Act. All those detained were from the Catholic community. The interpretation of the Detention of Terrorists (Northern Ireland) Order 1972—introduced that November—by the Supreme Court is the subject of today’s government amendment. Overall, 1,981 people were detained without trial, 1,874 from the Catholic/nationalist/republican community and 107 from the Protestant/unionist/loyalist community. That began in 1973. It is generally accepted that internment without trial was a major recruiting agent for the IRA, and the Government said decades ago that they would never introduce it again.
It is also generally accepted in Northern Ireland and elsewhere that Gerry Adams was in the IRA and that he served on the IRA army council. As one who, as a young woman, lost my baby when I was caught in an IRA bomb explosion, I fully understand the revulsion at the idea that he and others who were involved in violence might now be able to recover even more money as a consequence of the Supreme Court decision in this case. A briefing on the Supreme Court judgment by Richard Ekins KC and Sir Stephen Laws is helpful in defining the justification for and the parameters of the amendment. Ekins and Laws describe how the process worked. Detention began with the making of an interim custody order, which was an exercise of a power conferred by the 1972 order on the Secretary of State. The order specified that only the Secretary of State, a Minister of State or an Under-Secretary of State could sign an interim custody order.
They went on to say that
“detention under the 1972 Order only began with the making of an interim custody order. Detention was only able to continue for more than 28 days when the Chief Constable had referred the matter to the Commissioner (a former judge or senior lawyer) who would consider the matter afresh. If the Commissioner was satisfied that the person in question was involved in terrorism, the Commissioner would make a detention order. When Mr Adams escaped from custody, his continuing detention, beyond the period of the interim custody order, had been authorised by a Commissioner who had made a fresh decision”.
This amendment seeks only to address the consequences of the Supreme Court’s decision. It is not about the merits of detention without trial. It is about whether the Carltona principles should have applied to prevent the Secretary of State having to consider each application personally. It is also about stopping the significant number of civil actions lodged after the Supreme Court judgment.
Internment without trial should never have happened, but this amendment is not about that. For that reason, while I will not oppose these amendments, I look forward to the Minister giving the assurance sought by the noble Lord, Lord Faulks, as to the extent of the exercise of powers anticipated to make secondary legislation under the powers conferred by the Bill.
My Lords, I broadly welcome these government amendments. This is a complex matter, as the interventions this afternoon have illustrated, but I am glad that the Minister has managed to find a solution that is, broadly speaking, acceptable to all, subject to the comments made for the record by the noble Lord, Lord Pannick.
I have only one question for the Minister regarding these Third Reading amendments. I assume that the Northern Ireland Department of Justice was also consulted and that it is happy with these proposals. Could the Minister perhaps confirm that that is the case?
My Lords, this is the third occasion on which your Lordships have had the opportunity to discuss what has become an increasingly complex issue. I am delighted that it is probably the last as, should there be any more, it would get even more complicated.
I agree with the noble Lord, Lord Pannick, that Lord Kerr was a very eminent judge. Many of us remember him and the great work that he did. However, there has clearly been a problem with this particular judgment, and the principle of junior Ministers signing orders on behalf of the Secretary of State, even if it applied all those years ago, must be sustained. So I very much look forward to what the Minister has to say in response to this short debate. We will not be opposing this amendment.
(2 years, 9 months ago)
Lords ChamberMy Lords, when I asked a question about this some six months ago I was assured that something would be done to sort it—I think that was the word used—so I am very pleased to support the amendment in the name of the noble Lords, Lord Faulks and Lord Godson. I am pleased and waiting to hear what the Minister will say, because I am very hopeful now that this will get sorted and that we will not have to have a vote on it. It would be good if he were able to make it very clear that the legislation will definitely be amended, so that we get the result before Third Reading. I think it is useful to remind noble Lords; the noble Lord, Lord Howell, gave a very clear view of what things were like back in 1972.
In the judgment, Lord Kerr said that the law said that it had “to appear” to the Secretary of State that the person in question was suspected of organising terrorism. Ironically, the case of Gerry Adams was one where it could unquestionably have appeared to Mr Whitelaw that a custody order was appropriate; his personal consideration was just not recorded in the archives. I am sure that the Secretary of State knew, rather than suspected, that Adams was a key figure, because he had him flown over for negotiations with the IRA at Cheyne Walk in 1972, a year earlier. Lord Kerr also said that Mr Whitelaw should have been able to sign all such custody orders, as
“there was no evidence that this would place an impossible burden”
on him or be “unduly onerous”, given that Merlyn Rees, his Labour successor from March 1974, managed to.
I think this is a reflection of an unhistoric assertion lacking context, given the terrible violence outlined by the noble Lord, Lord Howell, of 1972 and 1973, let alone the logistics involving Ministers, one of whom had to be in England and one in Belfast. Furthermore, it took no account of the differing political circumstances involving Secretary of State Merlyn Rees, who was very keen to end internment and sought to minimise the number of orders being placed in front of him. In fact, internment ended a year later.
Noble Lords should also remember that the Supreme Court President, Lord Reed of Allermuir, in effect supported a correction when he spoke to the House’s Constitution Committee in March 2021. There he said, in response to the noble Lord, Lord Howell:
“I cannot say very much about the particular case because I did not sit on it myself. Lord Kerr wrote the judgment. The Lord Chief Justice and some other justices were sitting with him. I am well aware that it is a controversial judgment ... I really cannot remember the details of the case. From what you say, it sounds like a wayward judgment, in which case it will be put right in another case”.
I believe that this amendment and what the Government are now going to do are a valuable substitute for such another case at the Supreme Court, which could otherwise take years to appear.
My Lords, when this amendment was introduced at a very late stage in Committee, I expressed concern that this is a complicated matter and should be examined in greater detail. While the amendment is focused on the specifics of the Supreme Court case in 2020, it is clear that the judgment might well have wider implications for the Carltona principle and therefore also for wider government.
I remain firmly of the view that this important matter requires deep and careful consideration; indeed, longer consideration than we have had between Committee and now. I think that is what the Minister said in his earlier meetings with the noble Lord, Lord Faulks. Will the Minister commit to taking this matter away for further discussions within and across government? Perhaps most importantly, will he endeavour to update this House on the decision well in advance of Third Reading?
(2 years, 9 months ago)
Lords ChamberI associate myself with the Minister in remembering those who suffered violence over the last number of years and thank him for the way in which he has engaged with Members of this House and beyond. His amendments generally improve the Bill, but I suspect that he will find this evening that they do not go far enough for those with fundamental objections to the Bill. We shall certainly not vote against them today or Monday, as they do, as I say, improve it.
The Minister made reference to Sir Declan Morgan, who has been appointed as the chief commissioner designate—a clever move on the Government’s part, because he is a man of huge integrity, experience and expertise. There is some doubt as to whether it should have been announced quite this early, but I understand why the Government decided so to do.
I am sure that this evening we will hear a number of important points on the many issues, from immunity to prosecution and other matters. I hope that the House will be able to give consideration briefly to those points.
I echo a lot of the comments that the noble Lord, Lord Murphy, has just made, and the Minister’s comments about remembering. It is very important that we never forget all those impacted and killed by the Troubles.
I too start by thanking the Minister for the constructive way in which he has engaged on the Bill, given the constraints that he faces at the other end of the building. He has always shown himself willing to meet and discuss, and I know that he has dedicated a considerable amount of time to the Bill, including during the summer holiday last year, perhaps. For that we thank him.
Again, like the noble Lord, Lord Murphy, most of us feel that, although the amendments are to a very large degree to be welcomed, they are not game-changing; they have not really changed the Bill to the extent to which many of us would have liked to see. I am sure that we will return to that issue at later stages, but this group is a positive example of amendments that these Benches are happy to welcome.
I am very grateful to the noble Lord and noble Baroness for their support and kind words, and I hope that this year I might actually get some time off during the summer. That might be the triumph of hope over experience, but you never know. I take great heart from the comments of the noble Lord, Lord Murphy of Torfaen, when he describes the Government as having made a “clever move”. I welcome that, and I am very grateful. The amendments that I have proposed will strengthen the independence of the commission.
My Lords, I know my noble friend Lord Weir touched on this, but Amendment 3 requires the ICRIR to
“have regard to the general interests of persons affected by Troubles-related deaths and serious injuries”.
I ask the Minister to clarify: have the Government failed conclusively to rule out perpetrators, including those who died or were injured at their own hand, from the scope of this duty which is now being placed upon the ICRIR? It would certainly be wrong that those who have been perpetrators and died or were injured at their own hand should be placed on the same level as those who are innocent victims.
My Lords, I place on record my thanks to the Minister for introducing Amendments 85 and 86, which, in essence, as he has said, are the same amendments that I tabled in Committee and were recommended by the victims’ commissioner, Ian Jeffers. It is a very welcome and common-sense change to the Bill, allowing for individuals affected by death and other harmful conduct to provide and publish personal statements to the ICRIR. I am very grateful that he is willing to make this small but important change, notwithstanding my earlier comments about the bigger picture of the Bill, including, in particular, immunity and other issues that we will get to later this evening. I will be very interested to hear the Minister’s response to the important points raised by the noble Baroness, Lady O’Loan, about the potential conflict between reconciliation and investigation.
My Lords, I agree with every word spoken by every Member of this House who has taken part in this very brief debate. First, I thank the Minister for certainly improving what was there before—there is no question about that—but it does not, of course, go to the heart of the issue of why it is that victims, victims groups and the victims’ commissioner are probably the people most opposed to the Bill as a whole. Putting the word “reconciliation” in it does not mean to say it makes it any better, because, as my noble friend Lady Ritchie and the noble Lord, Lord Weir, said, there is a vagueness about the definition, so it does not actually mean very much at the end of the day.
What is purposeful, I think, is the fact that there are going to be victim statements. I think that is a distinct improvement, but ultimately the reason that victims and their families and their advocates in Northern Ireland are opposed to the Bill is because of the proposals on immunity, which we will reach a little later this evening. However, the Opposition will not oppose the amendments.
My Lords, Amendment 61A stands in the name of my noble friends Lord Dodds, Lord Weir and Lord Morrow. The explanatory statement says:
“This amendment would require an individual to be disengaged from activity which would be reasonably regarded as precluding reconciliation in order to be eligible for immunity from prosecution”.
There is another amendment in the name of my noble friends that is in a similar vein.
I draw attention to something that my noble friend Lord Dodds has already mentioned. There is a question in my mind concerning the legislation as it stands. My noble friend mentioned the late Joe Clarke, one of the hooded men who received an apology on his deathbed from the chief constable of the PSNI over his treatment while he was interned in 1971. He was one of 14 men who claimed that they were subjected to state-sanctioned torture. They all claim innocence. However, at his funeral the other day, Mr Clarke was buried with what appeared to be full so-called IRA military honours: his coffin was draped in the tricolour and he was escorted by men and women in some sort of uniform—white gloves, black ties and white shirts. I believe that this is reserved for members of the IRA, particularly those who have carried out what is known as IRA active service—and we know what that really means.
To deepen the plot, one of those carrying Clarke’s coffin in that military-style uniform was none other than a man who had been arrested and imprisoned over the murder of two soldiers at the Massereene barracks in Antrim during the time when I was the local Member of Parliament for that constituency. That person and his doctors told the court that he had only three to four years to live at most. Strangely, 14 years later, he is the picture of health, miraculously cured and carrying an IRA man’s coffin. Actually, that person is a neighbour of mine. I ask the Minister this: would the likes of Mr Shivers receive immunity or an amnesty under the present legislation as it stands, without the amendments suggested by my noble friends Lord Dodds, Lord Weir and Lord Morrow?
My Lords, the sheer number and scope of amendments in this group should serve as a clear indication to the Government that there continue to be grave concerns about the proposals for immunity set out in Clause 18. I have added my name on behalf of these Benches to Amendment 66, tabled by the noble Lord, Lord Murphy, and also signed by the noble Baronesses, Lady O’Loan and Lady Ritchie, which would remove Clause 18.
My Lords, this has been an interesting short debate. These Benches fully support Amendment 31, tabled by the noble Lord, Lord Hain, and signed by the noble Lords, Lord Blair and Lord Murphy, and the noble Baroness, Lady O’Loan; if it is pushed to a vote on Monday, we will certainly support it. As other noble Lords have spelled out so clearly—perhaps not the noble Baroness, Lady Hoey, who has reservations, but certainly the noble Lord, Lord Blair, and the noble Baroness, Lady Ritchie—the Operation Kenova model, with investigations to criminal justice standards, has been proven to work and should and could provide an effective alternative to the approach being adopted by the Government. I still hope that the Government will move further in this direction and support at least the spirit of Amendment 31. If they will not, it would be very useful to hear why from the Minister in his concluding remarks.
My Lords, I very much appreciate the amendments put forward by the Government in this group, which are a genuine attempt to improve the Bill. In particular, Amendments 30 and 33 make it clear that the commission must act in a way that is consistent with the Human Rights Act and therefore the European Convention on Human Rights. The problem is that the Government need to ensure that the people who take these matters very seriously are convinced, when it is said that the legislation is compliant, that it actually is. That is a job of work that the Minister must undertake in the weeks ahead.
I very much support Amendment 31 in the name of my noble friend Lord Hain, ably moved by my noble friend Lady Ritchie. I have met Jon Boutcher on a number of occasions and have been deeply impressed by his work and by him personally. Operation Kenova has achieved a very compassionate and efficient way of dealing with these issues, not just in a couple of cases but in anything up to 200, as the noble Lord, Lord Blair, has said. I hope the Government seriously consider my noble friend’s amendment on this issue, because it would be more generally acceptable than the present system.
My Lords, I support the Government’s intention to set a deadline on the issue of inquests. I oppose Amendment 110 because it is a—“wrecking amendment” is probably wrong because there are lots of things about this Bill that we all want to wreck, but the reality is that, without incorporating all inquests into the new body at some stage, it might as well not exist. We would see what I have mentioned before: lawfare would recommence with a vengeance at a very high cost, forcing reinvestigations that, if we are honest, would never occur or be enabled to occur here in England.
As it is, the ICRIR is already showing signs of becoming just a one-stop shop for reinvestigations of historic deaths currently or previously undertaken, as I mentioned on the previous amendment, by the PSNI’s legacy investigations branch, HET, the Police Ombudsman, Strasbourg, public or judicial inquiry, civil suits or inquests. The 50 or so currently outstanding promised inquests are almost all reopened ones that the courts, the DPP or the Attorney-General have decided were inadequate previously. Inquests were apparently being reopened according to two loose criteria: first, the usual one where collusion was alleged, such as Glenanne and Finucane; and, secondly, where the deceased was a terrorist but the command and control arrangements of the security forces were in question—in other words, once again only the state was being reinvestigated.
At the height of the Troubles, as we know, evidence gathering was next to impossible for fear of another death, so inquests tended to be brief, especially for the 700 murdered soldiers. It is worth remembering too that in the case of the IRA’s 1974 Birmingham bombing there was never an inquest.
Reopening has been granted when some new information has come to light after inspection of, for example, new files in the National Archives at Kew. Quite often the new information is not that compelling and, increasingly, judicial reviews do not succeed when the killings occurred up to 50 years ago. Judges accept that memories fade and become unreliable.
The Human Rights Act and thus the ECHR Article 2 procedure, much quoted in recent days by the Secretary of State, do not require deaths to be reinvestigated prior to its commencement in 2000. The Supreme Court has of course suggested that the cut-off date should be a decade earlier but certainly not the 1970s, so I think His Majesty’s Government are absolutely right on this and I oppose Amendment 110.
My Lords, I shall speak in favour of Amendment 110, to which I have added my name. It would remove Clause 40 from the Bill and would have the effect of leaving the inquest system as it currently stands. I shall be extremely brief because the noble Baronesses, Lady O’Loan and Lady Ritchie, have made the case so powerfully in favour of the amendment.
The Minister will know that the victims’ commissioner, Ian Jeffers, is deeply concerned that removing the current inquest system would be an additional blow to families who have already waited decades for an inquest, and it is just not clear how and when the ICRIR will work to deal with them. Does the Minister agree that, when an inquest has begun and the preparatory work has been done, it seems inefficient and impractical to start a new process with new personnel?
My Lords, after immunity, this part of the Bill is the most disliked, criticised and disapproved of in Northern Ireland. I understand why: because we will have inquests abolished, civil action banned and investigations not allowed to go on. That means the rule of law in Northern Ireland is being denied to the people, because of the decision of the Government to impose this Bill upon them.
I am not saying that there might not be occasions when all those things should happen. The problem is that, as in the case of immunity, effectively the Government have no Northern Ireland mandate for what they are doing. You can abolish the rule of law in some forms in a country only if the people are behind it. If the people’s representatives from all the political parties in Northern Ireland, and through all the churches and the organisations representing human rights there, and the victims’ commissioner for Northern Ireland, are opposed to this serious deflection from the rule of law then the only way that it can happen is if there is consensus.
The Good Friday agreement and the St Andrews agreement were based on consensus. The Stormont House agreement was based on consensus; the clue is in the name. The Minister shakes his head at that, but he knows that it would be a good basis for action if the Stormont House agreement were put forward. He had a very good Secretary of State at the time, but Johnson sacked him—maybe because he was too good. The issue, at the end of the day, is that you cannot impose these draconian changes in how the judicial and legal system works unless they have a legitimacy among the people who will have to live with them. That applies to the whole Bill but particularly to this provision. The reason why I support Amendment 110 is, again, because it gives the House of Commons the opportunity, if it is passed here, to have another look at it—a deep look at why this aspect of the Bill is so unpopular.
I cannot get my mind or head around why the Government are so stubborn on this. They can do what they like in Britain because they have a mandate, for another year, in the House of Commons. But, more than anybody else in the Government, the Minister knows that it is different in Northern Ireland and that these enormous changes cannot be made effective unless there is some sort of consensus. I do not for one second believe that the Government are wrong in seeking and trying to find a solution. The problem is that, in this case, they simply have not.
(2 years, 10 months ago)
Grand CommitteeMy 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?
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.
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.
(2 years, 10 months ago)
Lords ChamberMy 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.
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.
(2 years, 10 months ago)
Lords ChamberMy 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?
(2 years, 10 months ago)
Lords ChamberMy 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.
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.
(2 years, 11 months ago)
Grand CommitteeMy 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.
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.
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.