European Union (Withdrawal) Bill

Debate between Baroness Suttie and Lord Adonis

Committee: 6th sitting (Hansard - continued): House of Lords
Monday 12th March 2018 Lords Chamber

[Baroness Suttie (LD)]

My Lords, in moving Amendment 91, I shall speak to Amendments 131 and 149 in my name. The noble and learned Lord, Lord Hope, has set out in great detail what his Amendments 90, 130 and 148 in this group seek to do, so I shall be extremely brief. My Amendments 91, 131 and 149 seek to achieve the same aims as those amendments but for Northern Ireland.

Sadly, despite several false dawns, well over a year has now passed since there was a functioning power-sharing Executive in place in Northern Ireland. This means that it is now well over a year since the formal mechanisms have been in place to ensure that the voice of the Northern Irish people is heard through the Executive and the Assembly. It should be recalled that the majority of people in Northern Ireland did not vote the same way in the referendum as the Government’s partners in the DUP. Whereas the Scottish and Welsh Governments have been able to make clear their very deep concerns about the EU (Withdrawal) Bill, there has been no joint position on matters relating to Brexit since the joint letter from Arlene Foster and Martin McGuinness back in August 2016.

If the Minister agrees with the proposition from the noble and learned Lord, Lord Hope, that it is inappropriate for regulations under Clauses 7, 8 and 9 to make changes to the Scotland Act 1998 or the Government of Wales Act 2006 without the consent of the Scottish Parliament and the Welsh Assembly, he must also agree that it would be inappropriate to make changes to the Northern Ireland Act 1998 without the consent of the Northern Irish Assembly. Does the Minister acknowledge the principle that Ministers in Westminster must not encroach on the devolution settlements without the consent of the appropriate devolved Parliament or Assembly? In previous debates, the noble Lord, Lord Duncan, has made much of “not ruling anything out”. There are elected Members in the Northern Ireland Assembly and in the continued absence of an Executive, is thought now being given to how these MLAs might be effectively involved in this process?

Finally, can the Minister say how the Government intend to deal with Northern Ireland in the context of the Bill, in the possible continued absence of an Executive and Assembly, how they would make the Bill fit for purpose were an Executive to be formed, and how they would ensure that the powers provided for in the Bill are appropriate for the very specific circumstances in Northern Ireland? I beg to move.

[Lord Adonis]

My Lords, the Minister unusually intervened at the beginning of the speech of the noble and learned Lord, Lord Hope, to say that he had some significant announcements to make in respect of Scotland and Wales and Clause 7. I assume he also meant Clause 8, but it was not clear. Given that this debate will be precisely on what the terms of Clauses 7 and 8 should be in respect of the devolution settlements, may I suggest that it would be fitting if the Minister made his announcements on the Government’s intentions now, and then noble Lords can respond afterwards? He has already told us that he intends to make such announcements and it would be ridiculous to have a big debate only for us to learn of the Government’s intentions after we have spoken.