Northern Ireland Protocol Bill

Baroness Suttie Excerpts

2nd reading
Tuesday 11th October 2022 Lords Chamber

[Baroness Suttie (LD)]

My Lords, it is always a great pleasure to follow the noble Lord, Lord Murphy, who always speaks with such experience, wisdom and, if I may say so, honest-to-goodness common sense.

As previous speakers have said, this is a bad and unnecessary Bill, which sets a number of dangerous precedents. As my noble friend Lord Purvis of Tweed set out so clearly in his speech, the Bill is widely considered to breach international law. It damages our international reputation and threatens the economy at a time when we are already facing economic turmoil on so many fronts. Perhaps most importantly of all, as the noble Lord, Lord Cormack, spelled out so clearly, the Bill is not something that the majority of people in Northern Ireland or the business community actually want.

Over the last few days, I have therefore found myself asking why the Government continue to insist on pushing ahead with the Bill when the new Prime Minister and her new Cabinet could have used the opportunity to withdraw the counterproductive threat that it represents. If the Bill was meant to reverse the distrust that has developed in Northern Ireland politics in recent years, pushing ahead with it, rather than using the available route of negotiations, risks alienating the majority in the Northern Ireland Assembly who want to see a negotiated settlement. Does the Minister not agree that this is a very high price to pay at a time when re-establishing trust is so vital for progress to be made in Northern Ireland politics and for the Executive and Assembly to be able to get back to work? Does he further acknowledge that recent opinion polls in Northern Ireland indicate that the majority of people want to see the protocol amended and improved so that it can be made to work?

If the Bill was meant to strengthen the Government’s negotiating hand, it is very hard to understand how threatening to breach a previously agreed international treaty will encourage other future partners to trust us. It is also potentially deeply damaging to our relationships with both Washington and Brussels; that matters at a time when it is so vital for us to stand together against Vladimir Putin’s increasingly appalling actions in Ukraine and, indeed, within Russia itself.

If this legislation was meant to reassure the Northern Ireland business community then it is hard to see how pushing forward with the Bill rather than concluding the negotiations as soon as possible will be helpful for providing economic certainty at this time. Businesses in Northern Ireland, as well as those businesses in Britain who work with Northern Ireland, are crying out for a period of economic certainty so that they can plan and move on from the atmosphere of uncertainty that has prevailed since 2016.

It is very welcome that Chris Heaton-Harris has changed the tone since becoming Northern Ireland Secretary. When I worked in the European Parliament, Chris Heaton-Harris was known as an MEP who understood the importance of co-operation and building trust, so it is welcome that, at least so far, he is adopting a constructive and positive approach. This is greatly to be welcomed and long overdue.

Like my noble friend Lord Purvis, I also welcome the belated acknowledgement by Steve Baker that mistakes have been made. Since 2016, politics and the economy of this country have suffered from a series of short-term fixes, primarily to deal with splits within the Conservative Party. It was never going to be possible to do all of the things that successive Conservative Governments have promised regarding Brexit but, given the global political and economic crises we are currently facing, surely this is the time for the Government to think of the long-term good and avoid yet another period of potentially disastrous, self-inflicted economic and reputational damage to this country.

I urge the Minister in his concluding remarks to pause or, preferably, drop this Bill altogether and give new impetus to the negotiations, and to make sure, for the sake of the people of Northern Ireland and the whole of the United Kingdom, that this time they succeed.

Northern Ireland Executive: Update

Baroness Suttie Excerpts

Thursday 6th September 2018 Lords Chamber

[Lord Murphy of Torfaen (Lab)]

My Lords, obviously we welcome the Statement by the Minister indicating that there is going to be a fresh attempt to restore devolution in Northern Ireland. I remind the House that those in Northern Ireland who resist being part of a devolved Executive and Assembly go against the fundamental principles of the Good Friday agreement. The people of Northern Ireland voted in favour of the establishment of these institutions, as indeed did the people of the Republic, so it is very important that they are set up, as well as for many other reasons.

I accept the point the Minister made about the salaries of MLAs. It is not easy to do because we want to ensure that there is a class of politicians in Northern Ireland that can continue governing when devolution returns. He is responding to the mood of the House and of the people of Northern Ireland. I agree too that elections at this stage would be pointless because presumably, they would not change the electoral arithmetic an awful lot. What is needed is an impetus to ensure that the parties in Northern Ireland want to set up the institutions.

A day or two ago I mentioned some of the ideas that the Minister could take up. One is that the talks—which should be intensive, formal, with a timetable and a deadline and which might even go somewhere outside Northern Ireland—ought to involve all the parties, not just two. Of course, the DUP and Sinn Féin are the most important because of the electoral arithmetic but other parties should be properly involved in these talks.

The Minister said that external facilitation means somebody coming in from outside and chairing the talks, like George Mitchell or Richard Haass—at least, I think that was what he said. This is very important because it gives people confidence and it is a fresh approach. The two Prime Ministers also ought to be involved in intensive negotiations at a certain stage, using the gravity of their offices to ensure that there is an arrangement for bringing back the institutions.

Without the institutions, this will drift into direct rule. A descent into direct rule is in nobody’s interests, least of all the people of Northern Ireland. I wish the Government well in their endeavours. The Opposition will do anything they can to assist them.

[Baroness Suttie (LD)]

My Lords, I too thank the Minister for repeating the Statement in this House this afternoon. As he knows, we have pressed him on many occasions to see more action from the Government as a matter of urgency to restore the talks process. With this in mind, will he and the Secretary of State formally thank Naomi Long, the leader of the Alliance Party, for bringing together the five main parties for informal talks on Monday? This is the first time that all the parties have engaged in round table talks in the last six months. Naomi Long should be congratulated on this initiative.

As the noble Lord, Lord Murphy, said, the Statement makes reference to,

“when and how external facilitation could play a constructive role in the next round of talks”.

Given the length of time that Northern Ireland has been without a Government, it is clear that the political parties would benefit from outside thinking and a fresh approach. So, can the Minister say when the Government plan to appoint a mediator to manage a fresh talks process? Have the Government given any consideration to other creative solutions to get the talks going again, such as legislating here on issues such as the Irish language and equal marriage? This would relieve some of the pressure on the parties and allow a different starting point for the talks.

Will the Government also consider reconstituting the Assembly department scrutiny committees in parallel to a talks process? Assembly committees could undertake the functions of scrutinising budgets and providing political advice and guidance on key policy decisions such as Brexit. In this critical phase of the Brexit negotiations, does the Minister agree that it is essential to introduce some kind of formalised mechanisms to consult and take into consideration the views of all political parties in Northern Ireland—not just those of the DUP?

We are pleased to see that the Government intend to legislate to allow public appointments to be made. The clearest need is for the Policing Board to be re-established, but there are other bodies for which appointments are needed to enable vital work to continue. We also welcome the Government’s decision to take forward Trevor Reaney’s proposals on MLAs’ salaries. We are particularly pleased to see that staff will not be included in this. We do not believe that the current stalemate is in any way the fault of the hard-working constituency and Assembly staff. We are also pleased that there will be further clarity for civil servants in the future.

We on these Benches continue to believe that the best solution for Northern Ireland is devolved government and a well-functioning devolved Assembly. We sincerely hope that there will be significant progress in the very near future.

[Lord Duncan of Springbank]

My Lords, I thank the noble Lord and the noble Baroness for their contributions. They were both very positive and constructive, recognising the difficulty and dilemma we face at this moment.

The key now is a fresh start—a new impetus. It is an opportunity, but also a reminder. It is probably the last opportunity by which we can comfortably secure a functioning Executive and a restored Assembly. If we are not able to take advantage of this moment in time then, in the words of the noble Lord, Lord Murphy, we will descend into direct rule. We do not wish to go there.

Both the noble Lord and the noble Baroness were correct to identify the notion of an external facilitator. As I have said on previous occasions in this House, nothing can be off the table. We welcome thoughts from anyone as to who may participate in this approach. I offer formal thanks to Naomi Long for bringing together, for the first time in quite some time, all the parties in Northern Ireland. It is essential that all voices and all political representation are part of the sustainable solution to restoring an Assembly and a functioning Executive.

We are committed to ensuring that the appointments to the public bodies are taken forward in a sensible and sensitive way. It is not just the police authorities. There are others, all of which require these voices to be put forward.

As the noble Lord, Lord Murphy, said, we need a clear, intensive and structured approach with deadlines. If it needs to be something other than a particular tried and tested forum, then we should explore this as well. Nothing can be off the table but, importantly, this is the moment at which we must do all we can to restore the Executive. Once this window closes, we descend into a far more chilling and darker time which would be bad for all those who care about Northern Ireland.

Northern Ireland: Legacy of the Troubles

Baroness Suttie Excerpts

Wednesday 5th September 2018 Lords Chamber

[Baroness Suttie (LD)]

My Lords, I, too, congratulate the noble Lord on securing this extremely important and timely debate and for his, if I may say, deeply moving speech. In the two minutes available, I shall limit myself to a few brief remarks on this highly complex subject. There is just too much hurt and too many demands for truth and justice to simply draw a line under the past in Northern Ireland. Northern Ireland must be able to deal with its past in a manner that promotes reconciliation and is consistent with the shared future.

The vast majority of those who served in the Armed Forces during the Troubles did so to uphold the law and operated entirely within the law. They acted with honour and integrity and we pay tribute to their courage and sacrifice. We would be doing a disservice to these soldiers if we introduced a procedure that is contrary to the rule of law and our human rights obligations. As such, we would have concerns that an amnesty could inadvertently undermine the contribution of the vast majority of those who served so honourably. But justice must be—and must be seen to be—even-handed. Can the Minister reassure the House that nothing in the consultation and proposed legislation will give rise to a fishing expedition among former members of the Armed Forces? Can he also say whether those in the security services against whom prosecution is being considered will be offered ongoing support and advice as well as effective legal representation, and how that assistance will be funded?

Northern Ireland Budget (No. 2) Bill

Baroness Suttie Excerpts

2nd reading (Hansard): House of Lords & 3rd reading (Hansard): House of Lords & Committee negatived (Hansard): House of Lords
Wednesday 18th July 2018 Lords Chamber

[Baroness Suttie (LD)]

My Lords, before I begin my remarks today I will briefly pay tribute to my colleague David Ford, the former leader of the Alliance Party and Justice Minister, who has stepped down as an MLA. David is a person of great integrity and honour, who made many personal sacrifices as leader of the Alliance Party. Given how controversial the devolution of policing and justice was at the time, it is thanks to David’s skill and leadership that it was so stable during his tenure as Minister for Justice. Northern Ireland will miss his political judgment and courage, and from these Benches we wish him all the best in his retirement.

I thank the Minister for introducing the Bill before the House today. However, I deeply regret that it has been necessary for him to do so. There seems to have been little, if any, progress made to restore the power-sharing Executive in Northern Ireland since the last budget Bill was discussed in March.

In recent years, the run-up to the 12th has been largely peaceful. However, last week we witnessed levels of violence we have not seen for many years. I pay tribute to the bravery of the fire officers and police officers in Northern Ireland for their courage and professionalism in recent days and for all they did to protect the public during this upsurge in violence. This repugnant behaviour came from a minority of thugs who care nothing for their local communities. Local residents are sick and tired of violence, and the vast majority of people want this violence to be stopped—and as soon as possible. We know all too well in Northern Ireland that violence can easily fill the vacuum created by an absence of a political process.

I recognise and welcome the joint statement from the leaders of the main political parties to condemn the recent violence, but I am deeply concerned that most of the political parties, and indeed the Government, have shown very little leadership in recent months. It is extremely disappointing that there is virtually no visible evidence of any progress towards recreating an Executive since we debated the previous budget legislation in March. At that time the Minister stated:

“We are in a period of reflection”.—[Official Report, 27/3/18; col. 756.]


He hoped that this period would be short. That was four months ago, and I wonder how much longer we need to reflect on the issues in contention, when politicians in Northern Ireland, so many of them present in this Chamber today, have overcome much more difficult issues in the past. There currently appears to be no impetus for the parties to actually get round the table and resolve their differences. The obstacles to forming an Executive are minimal, but the political will is lacking and party-political advantage by both the DUP and Sinn Féin is being put ahead of the wider good.

In the meantime, it is the people of Northern Ireland who are bearing the brunt of the stalemate at Stormont. In the absence of an Executive, key decisions affecting economic planning, infrastructure, health, education, housing, transport and the local environment are not being taken. There is also no prospect of social issues, such as abortion and equal marriage—issues that affect ordinary people’s lives—being resolved at a devolved level. Does the Minister agree that a further consequence of the continued absence of an Executive is that important social issues, such as abortion, continue to be unresolved? The Minister previously said,

“we should not be relying on a Victorian law. It is time for change”.—[Official Report, 23/5/18; col. 1024.]

So are the Government giving active consideration to taking some of these issues of disagreement off the table by legislating at Westminster?

The Minister told me during the debate on the previous budget Bill in March that,

“there is no alternative model ready to be pulled off the shelf”.—[Official Report, 27/3/18; col. 757.]

Can he now say whether serious consideration is being given to the proposals from the Alliance Party to kick-start the talks process? Can he say what concrete measures the Government are planning to take during the summer to bring the parties back around the table? In earlier legislation, the Government took powers to reduce MLA salaries. They have not yet used these powers. Alliance has produced detailed proposals to allow some functions of the Assembly to take place without an Executive. Have the Government given serious consideration to these proposals, which are made with the intention that they would operate in parallel with any talks? This would at least provide some sort of democratic oversight and engagement, which is, sadly, very much lacking at the moment. As has been said in many previous debates—indeed, it was said by the Minister this afternoon—the Civil Service in Northern Ireland is doing an excellent job, but continued government by civil service is neither desirable nor sustainable.

I asked the Minister in the debate in March whether the Government would consider legislating for the funding of legacy inquests, and to provide compensation for victims following the historical abuse inquiry, as well as pensions for victims and survivors. What consideration have the Government given to these matters in the intervening months?

The Good Friday/Belfast agreement was entrusted to the political parties in Northern Ireland, as well as to the British and Irish Governments, for safekeeping. On these Benches, we remain committed to devolution and we want to see the Executive restored, but we must beware of making the best the enemy of the good. The best solution is, of course, to have a fully restored Executive—I do not think that anybody in this Chamber would disagree with that—but doing nothing, or not giving proper consideration to all alternative proposals to bring back some confidence in the democratic process, is simply not sustainable.

As Brian Rowan wrote in the wake of the violence of the 12th:

“What happened was a reminder of a still imperfect peace and a wake-up call to shake all of us out of our complacency”.


For the sake of the people in Northern Ireland, the Government must now take urgent action to inject some urgency into the talks process and end the current political impasse.

Northern Ireland: Executive and Assembly

Baroness Suttie Excerpts

Monday 25th June 2018 Lords Chamber

[Lord Duncan of Springbank]

My Lords, if the answer was as simple as that, we might have been able to achieve some progress by now. Unfortunately, it is a little more nuanced and a little trickier, but I am fully aware that both sides recognise the value and vitality of the languages in the Province of Northern Ireland.

[Baroness Suttie (LD)]

My Lords, only 7% of pupils in Northern Ireland are currently in integrated education. In the absence of an Executive, what is the Government’s strategy on delivering new integrated schools? Does he agree that moving away from segregated schools plays a significant role in helping society move on from the past in Northern Ireland?

[Lord Duncan of Springbank]

The noble Baroness is right to raise such an important issue but, of course, this is a fully devolved matter. It should not be the Government of the United Kingdom who seek to impose such changes on the school structure in Northern Ireland. None the less, Northern Ireland’s Executive must grapple with these issues when they resume their role.

Northern Ireland: Devolved Institutions

Baroness Suttie Excerpts

Wednesday 23rd May 2018 Lords Chamber

[Lord Duncan of Springbank]

I welcome those remarks in the spirit in which they were delivered. The report of which the noble Lord speaks is important and the Government will consider its findings carefully.

[Baroness Suttie (LD)]

My Lords, does the Minister agree that an additional consequence of the continued absence of an Executive is that important social issues remain unresolved, such as the reform of the 150 year- old, outdated abortion laws in Northern Ireland, which continue to cause such distress and are leading women increasingly to adopt the dangerous practice of self-medicating and purchasing abortion pills online?

[Lord Duncan of Springbank]

Abortion is of course a devolved matter. None the less, it is important to stress that there are issues of conscience that need to be considered—but, again, we should not be relying on a Victorian law. It is time for change.

European Union (Withdrawal) Bill

Baroness Suttie Excerpts

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

[Lord Empey]

If the noble Lord is such an expert on the Belfast agreement, why is he not prepared to listen to somebody who lives there and was negotiating it? I can assure him that I have been used to dealing with fairly tough customers and I will have a say.

We are looking here at a problem which has been grossly exaggerated and at some risk, because we should concentrate on solutions. The best way to achieve that is for the parties to sit down together and negotiate.

I conclude where I started: with the comments made by Michel Barnier on Tuesday this week, where he said that he wanted the Prime Minister to reconsider a border up the Irish Sea for Northern Ireland. If that is his position when our Government go in to negotiate, the difficulty created by this amendment is that it would move the emphasis away from negotiating a settlement, removing one lever from the hands of the Government and placing it in the hands of those with whom we are negotiating. We should be united as a House in trying to get the right solution. It is a shame that we would be divided on something where the objective we all seek is the same. It is so unusual to get that—where two Governments and the European Union are all committed to the same thing. We are confusing the two arguments. This is a matter for detailed negotiation, as has happened before. There is no reason why it cannot be done. We can look for help. If we need unique solutions—we are good at those—let us have one; that is what a treaty could facilitate.

When the Minister replies, I hope that he will address some of those points and indicate that the United Kingdom Government are prepared to sit down to negotiate, to re-emphasise that and to reissue the invitation, which sadly has been refused so far. Let us remember also that we are dealing with politics. Ireland is on the verge of a general election at any point. Sinn Féin, which was always an anti-European party, has got on to the bandwagon and now pretends to be a great pro-European party. It could have huge influence on the Irish Government if an election takes place. We have all these moving plates, but we must keep our eye on the detail and on the long-term objective, which is the preservation of as free a border as it is possible to achieve and the preservation of the institutions that were passed by referendum on both sides of the border. They should be used as part of the solution and not become part of the problem.

[Baroness Suttie (LD)]

My Lords, well over two hours ago, this amendment was eloquently moved by the noble Lord, Lord Patten, so I want to make two brief points in response. The first point is about the Government’s own proposals to solve the issue of the border on the island of Ireland. They have produced no new detailed proposals since last August. Clearly, there is an ongoing, and perhaps heated, discussion taking place this afternoon at the Cabinet sub-committee which, for reasons of internal division, is unlikely to reach a conclusion. But at a certain point, the Government will have to take a position. Time is running out and they cannot keep kicking the can down the road.

The so-called technical solutions which many noble Lords have referred to are, at best, wishful thinking and almost certainly not viable for the time being. On the House of Lords EU Select Committee, we have heard numerous experts inform us that the required technology is, at best, five to seven years away. How can that work with the current timetable of December 2020? Does the Minister accept that the only alternative is to remain in some form of customs union?

Secondly, it is important to remember that the border issue is not just about economics, tariffs and trade. It is also about emotions and feelings. Many noble Lords, including my noble friend Lord Alderdice and so many others who have spoken this afternoon, played a vital role in installing the principles of the Good Friday/Belfast agreement, principles that have done so much to remove borders, both physical and psychological. Many people would see any checks, even if efficient and unobtrusive, as a step backwards. It is the principle and symbolism of the checks themselves that is the issue.

My noble friend Lord Alderdice raised some objections and concerns about the amendment. I believe that my noble friend Lord Campbell of Pittenweem explained that this is, perhaps, a misunderstanding of the amendment before us. The noble Lord, Lord Carlile, made a very firm and forceful point and I hope my noble friend Lord Alderdice may reconsider his position. The aim of the amendment is to put into the Bill the commitment that the Government themselves agreed in the joint declaration last December, so that the hard-won gains of the peace process are not reversed for future generations. That is why I urge all noble Lords to support this amendment.

Northern Ireland (Regional Rates and Energy) Bill

Baroness Suttie Excerpts

2nd reading (Hansard): House of Lords & 3rd reading (Hansard): House of Lords & Committee: 1st sitting (Hansard): House of Lords
Tuesday 27th March 2018 Lords Chamber

[Baroness Suttie (LD)]

My Lords, I shall be fairly brief as the noble Lord, Lord Hain, has very eloquently and, if I may say so, movingly made many of the key political points.

There is general consensus that these three Bills are necessary in the continued absence of an Executive in Northern Ireland. The fact that these Bills continue to be necessary is deeply to be regretted, and it is all the more tragic as this is precisely a time where clear strategic direction and forward planning are needed to plan ahead for the economy in Northern Ireland, given the ongoing uncertainties and additional pressures as a result of Brexit and the lack of clarity about the progress in the negotiations relating to the island of Ireland. The Bills before us today are little more than sticking plaster Bills that do little to provide clarity on the priorities for the months or years ahead, but we shall support them from these Benches as another necessary measure to ensure the continuation of budgetary certainty in Northern Ireland.

I shall concentrate my remarks this afternoon on issues surrounding legacy and legacy institutions, especially following the decision of a High Court judge on Friday to compel authorities in Belfast and London to reconsider providing funds for legacy inquests in Northern Ireland, and I will make a few comments on issues surrounding scrutiny and oversight, most particularly during the critical months ahead to ensure that a Northern Ireland voice is heard during the Brexit negotiations. The Minister will be aware that during the debate in the other place, Owen Smith MP, like the noble Lord, Lord Hain, today, raised many valid points regarding legacy issues and stressed the continued very great need for reconciliation between communities in Northern Ireland.

There is now a very large backlog of legacy inquests. In February 2016, the Lord Chief Justice of Northern Ireland, Sir Declan Morgan, concluded a review into the remaining legacy inquests in Northern Ireland and said that they could be dealt with in five years if he received the necessary funding from the Stormont Executive. That was costed at £35 million over those five years. He proposed setting up a specialist unit with its own staffing and resources to complete 54 inquests into 94 deaths.

The Lord Chief Justice’s proposals were blocked in the Executive by the then First Minister, Arlene Foster. That decision was recently declared unlawful by the High Court in Belfast. There is an overwhelming case to proceed with this funding immediately. While the issues surrounding legacy inquests have become heavily contested in terms of narratives surrounding the past, there is a very real danger of these matters becoming even more polarised if they are further delayed. It is critical to maintain a shared and cohesive approach.

The Historical Institutional Abuse Inquiry conducted by Sir Anthony Hart was the largest inquiry into child abuse in children’s homes in the UK. Its recommendations have political agreement, yet because the Executive collapsed at virtually the same time as the report’s publication, there has been no action. Some victims have now been waiting since the 1970s for compensation, and we are sadly seeing these generations passing away before receiving the compensation they are due. In the continued absence of an Executive, will the Minister confirm that the Government will at some stage before the summer introduce the necessary legislation to give effect to the recommendations contained in the Hart inquiry?

It is welcome that on several occasions in recent debates the Minister has made a point of stressing that nothing is being ruled out in the current circumstances, with the talks having collapsed once again. However, the time is surely coming when we have to look at alternative and creative solutions to ensure that there is at least some degree of democratic accountability in the absence of an Executive.

On 23 January this year, at a meeting of the EU Select Committee, I asked Karen Bradley—in her first public exchange of views after becoming Secretary of State—whether she would consider alternative mechanisms to allow MLAs or other democratically elected representatives in Northern Ireland to have their voices heard during the Brexit negotiations, in the continued absence of a power-sharing Executive. At the time she said, perhaps understandably, that she did not want any alternative solutions to stand in the way of the obvious preferred option of continuing with the talks to re-establish the Executive. However, more than two months has passed since that exchange and there is still no Executive; there are currently no talks taking place; and there is no voice for Northern Ireland on Brexit, other than through the Government’s confidence and supply arrangements with the DUP, which does not speak for the majority in Northern Ireland on matters relating to Brexit.

The Minister may be aware that the Alliance Party has published a set of proposals on the next steps forward. One proposal that is particularly interesting is that a cross-party Brexit Committee be established to allow Northern Ireland’s voice to be heard during the Brexit negotiations. It also suggests reconstituting the Assembly’s departmental scrutiny committees to allow policy development, and some level of scrutiny and reform, to proceed.

In his concluding remarks, it would be very helpful to hear from the Minister not just that nothing is being ruled out but when alternative models could be ruled in. Could he also say what concrete measures the Government are currently taking to restart the talks—and, to repeat an earlier question I have posed now several times to the Minister, are the Government actively considering the involvement of an external mediator?

In relation to the Bill on MLA pay, I am extremely pleased to hear from the Minister this afternoon that he has confirmed that it is not the Government’s intention to cut staffing budgets or office costs for constituency offices. As he said, members of the public are continuing to contact MLAs and to look for their assistance with problems. There is no reason why staff should be penalised because there is currently no political agreement on the formation of an Executive.

Finally, in relation to the Northern Ireland (Regional Rates and Energy) Bill, there was no consultation before the 2017 regulations were implemented because of the urgency of the matter at that time. Indeed, paragraph 4.1 of the Explanatory Memorandum attached to the original Northern Ireland legislation on the Renewable Heat Incentive Scheme Regulations states:

“There has been no opportunity to consult on the introduction of these first stage measures. As part of the next stage, the Department will give consideration to consultation”.


In the continued absence of an Executive, can the Minister say whether it is the intention of the UK Government to carry out this consultation now?

It is deeply to be regretted that we need to be passing these Bills at all today—but, in the interests of ordinary people in Northern Ireland, for the continued provision of public services and with a heavy heart, we give them our support.

Northern Ireland Finances

Baroness Suttie Excerpts

Tuesday 13th March 2018 Lords Chamber

[Lord Murphy of Torfaen (Lab)]

My Lords, I thank the Minister for the Statement, and agree with him on the need to restore the devolved institutions in Northern Ireland, especially as it is about four weeks away from the 20th anniversary of the signing of the Good Friday agreement. The commitment of the Government to the underlying principles of that agreement is very much to be welcomed.

I understand the need to set a budget and agree that it is wholly inadequate for civil servants, however good—and, indeed, they are all good—to decide the spending priorities in Northern Ireland. Can the Minister tell us a little bit more about the consultation process that has occurred with the political parties and others in Northern Ireland, specifically on the regional rate and on the allocation of resources to the different departments in Northern Ireland? In particular, will he tell us about the consultation on the Bengoa proposals on the health service in Northern Ireland, and where we are on that important matter?

The Minister raised the difficult—perhaps even controversial—issue of the salaries of Members of the Legislative Assembly. Does he envisage a time limit on the consultation with the political parties in Northern Ireland? During the course of his Statement, he mentioned that there would be a need for legislation to implement parts of the budget and to vary the salaries of the MLAs. Can he give the House an indication of when such legislation might be before us? Lastly, does he accept that this budget-setting exercise is not a road to direct rule, and that robust and meaningful talks on setting up the institutions in Northern Ireland will begin very shortly?

[Baroness Suttie (LD)]

My Lords, I too thank the Minister for repeating yesterday’s Statement. However, there is a slightly wearying sense of déjà vu about it, and one cannot help but wonder at what point these sticking-plaster solutions will cease to be viable. Clearly, however, a return to direct rule is something that we all wish to avoid, and we continue to believe firmly that power-sharing devolution is vital to local democracy and representative decision-making. In that regard, the Secretary of State’s reassertion of the Government’s commitment to both the Good Friday Belfast agreement and to re-establishing functioning devolution in Northern Ireland is very much to be welcomed.

We on these Benches recognise the pressures on public services, meaning that these measures are essential to ensuring that the people of Northern Ireland do not suffer in the provision of vital services, and to ensuring that education and healthcare services can function and that peace and stability can be maintained by the PSNI. The Police Federation has warned that the 0.3% increase in the Ministry of Justice budget will inflict real damage on the PSNI. The PSNI is currently spending £125,000 a day on overtime to fill gaps in its workforce capacity. Can the Minister confirm that ensuring that the PSNI is able to carry out its work effectively remains a key priority for the Government? The Civil Service in Northern Ireland, as the noble Lord, Lord Murphy, has said, continues to do sterling service in keeping the system functioning but, without the direct input of Northern Ireland Ministers, much-needed long-term strategic planning for Northern Ireland becomes increasingly difficult.

In the Statement on 20 February, in reply to my question about the introduction of an independent mediator to chair the all-party talks and to attempt to bring new impetus to the drive to re-establish an Executive in Northern Ireland, the Minister said nothing was ruled out. Can he give an update on whether that is still an option that is being actively considered? Can he also outline what other initiatives are being actively considered to break the current impasse in the talks?

I note the ongoing discussions on MLA pay and the Reaney review. What representations has the Secretary of State had on this issue from political parties in Northern Ireland? In the Statement the Secretary of State says,

“it would be irresponsible for us not to consider how we might provide for different arrangements until such time as the devolved institutions are back up and running”.

Can the Minister confirm that this would involve options allowing Members of the Assembly to play an active role in ensuring that Northern Ireland’s voice is heard clearly in the Brexit negotiations?

[Lord Duncan of Springbank]

I thank the noble Lord and the noble Baroness for their contributions. It is important for us to stress again at the outset that we are all united in our belief that the Belfast agreement itself must be the foundation upon which we build all our progress. I think we are all of the same view. I am aware that we are experiencing a recurring sense of déjà vu—we certainly are with some of my Statements—but it is our ambition to secure the reformation of a functional and sustainable Executive in Northern Ireland.

I think it is important for me to answer the questions directly as they have been raised. On the question from the noble Lord, Lord Murphy, on how we came to the figures within the overall budget, he is right to stress that we have put a great deal of pressure and stress upon the Northern Ireland Civil Service, but it has been very important in determining departmental needs. That has been the first building block. The second is that, as he will be aware, a budget briefing was published just before Christmas. The Northern Ireland Office has reflected very carefully upon the responses that were received in the light of that briefing from the main parties of Northern Ireland, and they have been borne in mind. In addition, my right hon. friend the Secretary of State for Northern Ireland has undertaken a fairly extensive engagement with individual stakeholders —teachers, doctors, nurses, and police officers—to understand the challenges faced on the ground. It is important to reflect on how important that is.

The figures we are talking about are substantial, and I believe they will make a substantial difference. We have £80 million of support for immediate health and education pressures, £30 million to support programmes to address issues of mental health and severe deprivation, £100 million for ongoing work to transform the health service in line with broad-based consensus fostered by the Bengoa report, and a £200 million allocation in capital spending for key infrastructure projects.

That gives a sense of the scale of the investment. There is also a recognition, as we build that budget—we have spoken of this before—of trying to plot a trajectory from the point at which the previous Executive fell, and then trying to plot across. We have had to take that as a basis and build on it, and that is why £4 million has been allocated to prepare the ground for transformation and £100 million set out for health transformation, recognising again that these are part of the critical elements that are identified by departmental heads in the Civil Service and the main political parties.

On the question of MLA pay, I stress again that my right honourable friend the Secretary of State for Northern Ireland would like the views of others to make sure that in her determination and deliberation she can deliver exactly what is required. I am mindful of the point made by the noble Baroness, Lady Suttie, about the potential roles for the MLAs themselves—even without being part of a functional Executive. As I said in a previous Statement on a not dissimilar topic, we have not ruled anything out, and would welcome the thoughts of the noble Baroness, Lady Suttie on that point, to help us in our thinking. As for when we can anticipate the legislation, if I may be slightly non-specific, we will bring forward necessary legislation imminently to deliver against the budget as we have set it out.

The noble Baroness, Lady Suttie, raised the PSNI. Again, I can be very clear and specific and say that it remains a key priority of the Government, and we will do all we can to preserve that and deliver against it.

As to the question of an independent mediator, noble Lords will be aware that we are in an interregnum—the talks have ended but are not over—and that period of reflection has given all of us an opportunity to work out what additional aspects of engagement should be brought to the table. I am becoming a little repetitive, but I will say again that we are ruling nothing out. Anything we can do to take this forward must form part of that.

We also hope that the parties involved in the talks will take advantage of this period to reflect not just on what they wish to deliver for the parties themselves but for the wider communities they represent. That will be essential. If the talks are to deliver an outcome that is sustainable, meaningful and restores local government to Northern Ireland, we need to be able to depend on them. There are too many important issues unfolding right now, not just in our House, but affecting everyone in Northern Ireland. It is time that we heard those voices in an Executive and an Assembly.

Transparency of Donations and Loans etc. (Northern Ireland Political Parties) Order 2018

Baroness Suttie Excerpts

Tuesday 27th February 2018 Lords Chamber

Moved by

[Baroness Suttie]

At end insert “but this House regrets that the draft Order does not provide for transparency of political donations in Northern Ireland dating back to 1 January 2014 as provided for in the Northern Ireland (Miscellaneous Provisions) Act 2014, thereby preventing proper scrutiny of donations to political parties in Northern Ireland during the European Union referendum campaign.”

[Baroness Suttie (LD)]

My Lords, I would like to thank the Minister for that very detailed and at times complex explanation. I would like to make it clear that we welcome this order as a first and long overdue step towards greater transparency of donations and loans given to political parties in Northern Ireland. As the Minister has said, subject to the order coming into force, for the first time the Electoral Commission will be allowed to publish information about loans and donations given to Northern Ireland political parties dating back to July 2017. This step towards bringing Northern Ireland in line with the transparency provisions in the rest of the United Kingdom is to be welcomed. However, it is deeply to be regretted that the order is not backdated to 2014, as the Northern Ireland (Miscellaneous Provisions) Act 2014 allowed. That is why we have tabled this amendment today.

The 2014 Act anticipated that the names of donors to political parties in Northern Ireland could be made public dating from January 2014. We have to ask two fundamental questions. Why has it taken so long to bring forward these proposals? Why have the Government chosen to backdate them to July 2017, rather than January 2014?

I should pay tribute at this point to the former MP for Belfast East, Naomi Long, now leader of the Alliance Party, for her tireless work in campaigning for greater transparency of political funding in Northern Ireland. It was her amendment to the 2014 Act that has allowed full transparency dating back to January 2014. It is also worth noting that in response to the tabling of this order, the Electoral Commission, in its letter of last December to the then Secretary of State for Northern Ireland, James Brokenshire, recommended that another order be brought forward to allow for full transparency dating back to January 2014, as the 2014 Act had anticipated. The Electoral Commission is already in possession of all of the relevant data to allow this.

That this order has not been backdated to 2014 is clearly of particular importance. During the three-year period in question—January 2014 to July 2017— there have been two general elections and the EU referendum campaign. It is also important because it has since come to light that a very significant donation of £425,000 was given to one political party in Northern Ireland during that referendum campaign, and it has been said that much of that donation was spent elsewhere in the United Kingdom during the campaign.

Public confidence in political parties and political campaigns is worryingly low, at a time when there are accusations of foreign interference in elections throughout the world and of dirty money in politics. Transparency is therefore more vital than ever in providing voters with trust in the democratic process.

When the Political Parties, Elections and Referendums Act was introduced in 2000, there was general acceptance that Northern Ireland should be exempted because of genuine concerns about the security and safety of individuals and potential risks to the safety of donors if their names were put in the public domain. But the 2014 Act provided for Northern Ireland to be brought more in line with the provisions for the rest of the United Kingdom, subject to the laying of the order before us today. The provision ensured that, at a point determined by the Secretary of State, any donation of more than £7,500 from a single source to a political party could be subject to publication from January 2014. It has therefore been clear to political parties in Northern Ireland since that Act that donations made after 2014 could be made public. The Electoral Commission also made this very clear in its letter to the Secretary of State for Northern Ireland in December last year.

--- Later in debate ---

[Lord Duncan of Springbank]

I thank the noble Lord, Lord Kilclooney, for his intervention. Again, I stress this point. As a frequent visitor to North America, I have discovered many people who invoke their affinity to the homeland. I have met many Scots—who may indeed be fourth or fifth-generation Scots—who proudly wear their tartan as frequently as they possibly can. I do not fault that; I celebrate it. That is true for citizens of whichever homeland might be in question.

However, in terms of their rights and abilities to donate money to Northern Ireland, they must hold a valid Irish passport—not an Irish passport held by their grandparents, which might entitle them to play for Ireland—or a certificate of nationality or naturalisation. The order does not allow someone simply to invoke Irish heritage to be able to donate. One would hope that the transparency revealed by the order will help us to be attentive to the risks raised by the noble Lord, Lord Kilclooney. If any failings become apparent as the data is gathered, the Electoral Commission will be able to draw those to our attention and they can be examined in the cold, hard light of day. That will be very important.

The noble Lord, Lord Murphy, made a number of important context-setting remarks, which I endorse. We are at a delicate time and there is no better time for transparency than right now. There should be no escape from that transparency. As many noble Lords have heard me say more than once, we need to establish a sustainable Executive in Northern Ireland. I believe that the order will go some way to ensuring that the people of Northern Ireland have the utmost confidence in the electoral process. The order is right and timely.

I recognise that the issue of backdating will remain sensitive. If, on consideration of the data as it is gathered, ascertained and seen, there are deemed to be issues that need to be examined further, the Government will consider them at that point. We are ruling nothing in and nothing out. On that basis, I commend the order to the House.

[Baroness Suttie]

My Lords, I thank all noble Lords who have taken part in this short, but extremely important and valuable, debate. I also thank the Minister for his characteristically courteous, detailed and open response.

I stress that we on these Benches will continue to press the Government to live up to their earlier commitment on backdating these provisions to 2014—I welcome some of the Minister’s comments in that regard—and to follow the advice of the Electoral Commission in bringing forward another order at the earliest convenience to make this possible. I also agree with the suggestion of the noble Lord, Lord Murphy, that, at the very least, following changes in circumstance, we should discuss again with the political parties in Northern Ireland and hear their views on backdating to 2014.

On this occasion, however, it would be inappropriate to test the opinion of the House. We do not want to see further delays to the order. I therefore beg leave to withdraw the amendment.

Amendment withdrawn.