Identity and Language (Northern Ireland) Bill [Lords]

Chris Heaton-Harris Excerpts

2nd reading
Wednesday 12th October 2022 Commons Chamber

[The Secretary of State for Northern Ireland (Chris Heaton-Harris)]

I beg to move, That the Bill be now read a Second time.

I am delighted to speak to such an important Bill this afternoon, and I hope that hon. and right hon. Members will feel similarly about its gravity and weight. This legislation will go a long way towards recognising Northern Ireland’s rich diversity in identity and language, bringing tangible benefits for Irish language speakers, Ulster Scots and the Ulster British tradition.

Before I turn to the Bill’s provisions in more detail, I pay tribute to my predecessors as Secretary of State for Northern Ireland, my right hon. Friends the Members for Great Yarmouth (Brandon Lewis) and for North West Cambridgeshire (Shailesh Vara), who both championed this Bill. I am very pleased to continue their work.

However, I must temper my enthusiasm for the Bill with regret that it is we, as hon. and right hon. Members of this House of Commons, who are debating it rather than our counterparts in the Northern Ireland Assembly. To be frank, it was never the Government’s intention to introduce the Bill in this Parliament. I explain to those who are not aware that the Northern Ireland Executive and Assembly were both restored on 11 January 2020, when all five of Northern Ireland’s main political parties came together on the basis of a very good document, New Decade, New Approach, which contained a balanced package of measures relating to identity and language. Draft legislation was prepared by the Office of the Legislative Counsel in Northern Ireland and published alongside New Decade, New Approach for the Assembly’s consideration. It is therefore a matter of enormous regret that the package was not taken forward in a timely fashion by the previous Executive.

I do not intend to relitigate those arguments. Instead, I will use this Bill to look to the future. It will be the job of a newly constituted Northern Ireland Executive to take forward the implementation of this legislation. The provisions of this Bill are based on enshrining respect and tolerance for all of Northern Ireland’s diverse identities, cultures and traditions, and indeed celebrating their contribution to Northern Ireland.

We introduced these provisions in the firm belief that Northern Ireland’s rich diversity contributes immeasurably to the Union, of which we are proud and to which this Government hold a proud and fundamental commitment. We are also taking separate but linked steps when it comes to identity and language, steps that reflect this pride in Northern Ireland’s cultural richness and diversity.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

I am very glad to learn that the Minister of State, Northern Ireland Office, the hon. Member for Wycombe (Mr Baker) met representatives of Conradh na Gaeilge yesterday, and I am sure that he and the Secretary of State will both be aware that the language groups An Dream Dearg and Conradh na Gaeilge were instrumental in organising a campaign that saw 20,000 people on the streets of Belfast in May to support language rights.

Given that a commitment to reflect Welsh language legislation was made in the St Andrews agreement 16 years ago, will the Secretary of State indicate whether he is minded to accept the amendments along those lines that were discussed in the House of Lords?

[Chris Heaton-Harris]

When I was on a treadmill in the gym this morning and last night, I read the debates in Committee and on Report in the other place, and I will answer in exactly the same language. This package is exactly what was proposed in New Decade, New Approach, and we are sticking rigidly to that. As the right hon. Lady will know from those discussions, we are very proud of all the identities and languages across the four nations. The Minister of State, Northern Ireland Office, my hon. Friend the Member for Wycombe (Mr Baker) was very pleased to have that meeting yesterday, and I believe it went particularly well.

Last year we announced £2 million in funding for Northern Ireland Screen’s Ulster Scots and Irish language broadcasting funds to help deliver more high-quality Irish and Ulster Scots broadcasting in Northern Ireland. In May 2022, the Government officially recognised the Ulster Scots as a national minority under the Council of Europe’s framework convention for the protection of national minorities.

At the same time, under the section of New Decade, New Approach entitled “Addressing Northern Ireland’s unique circumstances,” we made £4 million available to the Irish Language Investment Fund to support capital projects associated with the Irish language.

[Jim Shannon (Strangford) (DUP)]

I thank the Secretary of State for moving Second Reading today. Does he understand that, when it comes to the Irish language, the focus is on the language, but Ulster Scots—I am very proud to be an Ulster Scot—is more than a language? It is the culture, the art, the poetry, the music and the words. It is more than just a language to the Ulster Scots. How will the Bill ensure that Ulster Scots has the central focus that the Irish language has, because it is bigger than just a language?

[Chris Heaton-Harris]

The former leader of the hon. Gentleman’s party, Dame Arlene Foster, recognised in January 2020 that this is a “fair and balanced” package that has been agreed by all parties. I completely understand the hon. Gentleman’s point, but I am delivering on the agreement, as the Government promised.

[Gavin Robinson (Belfast East) (DUP)]

I am listening intently to the Secretary of State, and he is right to quote the former First Minister but wrong to associate this Bill with what was agreed in January 2020. In this Second Reading debate, I hope he will listen with an open mind to the concerns that my colleagues and I will raise about the Bill’s departure from what was agreed.

[Chris Heaton-Harris]

I am always happy to listen to the hon. Gentleman’s contributions in this House.

[Colum Eastwood (Foyle) (SDLP)]

I am glad to see the Secretary of State implementing these key parts of New Decade, New Approach. Of course, other commitments within that agreement could not be delivered even when we had an Executive. There was a key commitment for 10,000 students at Magee University in Derry. The right hon. Member for Skipton and Ripon (Julian Smith) agreed that we could have a medical school at Magee, which has now been delivered, but the real prize is a full-scale university for the people of Derry. Will the Secretary of State commit to getting that done?

[Chris Heaton-Harris]

The Government are committed to delivering on New Decade, New Approach and all its commitments. That has come forward at different stages, as the hon. Gentleman well knows, and today we are hopefully celebrating the Second Reading of this part of that delivery.

It will not have escaped right hon. and hon. Members that the Bill began life in the other place, where the debate was typically forensic. The Government will move a number of amendments to address issues raised in the other place, and I will shortly delve into their content in slightly more depth, but I hope right hon. and hon. Members will be able to support them when the time comes. I feel strongly that the amendments will improve the Bill.

I will briefly discuss the overall strategic intention of the Bill before running through its provisions in turn. Broadly speaking, the Bill delivers on the commitments detailed in annex (e) of New Decade, New Approach to

“respect the freedom of all persons in Northern Ireland to choose, affirm, maintain and develop their national and cultural identity and to celebrate and express that identity in a manner which takes into account the sensitivities of those with different national or cultural identities and respects the rule of law.”

In practical terms, the Bill does this by broadly replicating the draft legislation on identity and language published alongside New Decade, New Approach. As I have already set out, the draft legislation was prepared by the Office of the Legislative Counsel in Northern Ireland at the request of the UK Government. We have done our utmost to stay as close as possible to the draft legislation. The Bill therefore provides for the delivery of a cultural framework, as set out in New Decade, New Approach, to the benefit of the whole community in Northern Ireland.

[Stephen Farry (North Down) (Alliance)]

I concur with the Secretary of State that the Bill broadly reflects New Decade, New Approach. On reflecting the community, does he agree that it is important to think about both the Irish language and Ulster Scots as shared across the community, and not the sole attribute of one side or the other? They are something that we all have in common, and the different languages and traditions are part of a very rich history in Northern Ireland and across the island, which we should promote.

[Chris Heaton-Harris]

I believe that this can be celebrated across all communities and in all ways with the respect it truly deserves, so yes, I happily agree with the hon. Gentleman on that.

Secondly, the Bill provides for a requirement for public authorities to have due regard to the national and cultural identity principles, and the establishment of the Office of Identity and Cultural Expression to oversee them, fostering mutual respect and understanding of Northern Ireland’s different national and cultural identities.

Thirdly, the Bill provides for the creation of an Irish language commissioner, providing official recognition for the Irish language, and a requirement on public authorities to have due regard to Irish language best practice standards when providing services to the public.

Fourthly, the Bill repeals the Administration of Justice (Language) Act (Ireland) 1737.

Fifthly, the Bill creates a commissioner for the Ulster Scots and Ulster British tradition, who will be responsible for the enhancement and development of the language, arts and literature associated with the Ulster Scots and Ulster British tradition; and a duty on the Northern Ireland Department of Education to encourage and facilitate the use and understanding of Ulster Scots in the education system.

Finally, the Bill provides for the safeguarding of the delivery of these New Decade, New Approach commitments by giving the Secretary of State for Northern Ireland—currently me—the ability to ensure that they are implemented.

[Dr Andrew Murrison (South West Wiltshire) (Con)]

Does my right hon. Friend agree that modern, 21st-century Northern Ireland is home to a large number of traditions, particularly the Polish community, who are a very valued part of Northern Ireland society? Does he agree that in everything he is outlining, which I welcome, it is important that those communities feel included, particularly when we are talking about an Irish language from which they might be excluded, as of course Polish is probably more fluently spoken in Northern Ireland than the Irish language at the moment?

[Chris Heaton-Harris]

I thank my right hon. Friend for his wise counsel on this matter. I was having a conversation earlier today where I was reminded of the large number of Hong Kong Chinese who also live in Northern Ireland, contribute to the economy and are assimilated into different communities. So I completely understand the wise point he is making.

[Sammy Wilson (East Antrim) (DUP)]

As the earlier intervention pointed out, while we agonise over an Irish language commitment there are more Chinese speakers and Polish speakers in Northern Ireland than Irish speakers. The Secretary of State quickly glossed over the role of the two commissioners, which is one of the ways in which this Bill does not faithfully reflect what was agreed in New Decade, New Approach. The Irish language commissioner will have the power to direct other public bodies, which will have a significant impact, especially on some Unionist-controlled councils, depending on the decisions he makes. The Ulster Scots commissioner will have no such power to direct. How does the Secretary of State explain the disparity between the treatment of those who are looking for the protection of Ulster Scots, where there is no power to direct, and the treatment of those looking for the protection of the Irish language?

[Chris Heaton-Harris]

I thank the right hon. Gentleman for his contribution. This serious subject was well debated in the other place and I am sure he will be tabling amendments to probe the Government further on these matters, which we will have a long time to discuss. I go back to what was said in the other place by the Minister, which was that we are trying to reflect honestly and truthfully what was agreed at the time of New Decade, New Approach. As I have detailed, the two commissioners have distinct jobs—they are slightly different. I will be happy in Committee to go through with him in great detail where those levels lie and why exactly the level of detail is as it is.

[Sammy Wilson]

The Secretary of State is right to say that the two commissioners have distinct jobs, but the important thing is that we must make sure that both these people have the same ability to deliver what they are expected to deliver when they do their job. If we give a power of direction to one commissioner but not to the other, although they may have distinct jobs they do not both have the ability to respond and to deliver for the people they are meant to represent.

[Chris Heaton-Harris]

I would never like to disagree with the right hon. Gentleman, but I would like to think that when we get to debate the detail of the responsibilities of each commissioner and how those duties could be implemented, I would be able to allay some of the concerns he has just outlined. However, I will go into some more detail now, having I hope given the House a broad picture of what this Bill does. Let me go through the clauses and schedules in turn, to try to put a tiny bit more meat on the bone.

[Sir Mike Penning (Hemel Hempstead) (Con)]

I thank my right hon. Friend for taking so many interventions. As a former Northern Ireland Minister, I am pleased that this Bill is coming forward, even though I probably agree with some of my former colleagues that it might need a little tweaking, which we can discuss as we go through it. We have discussed Chinese, Mandarin and Polish, but one language we have not discussed is British Sign Language. It came into statute after the agreements we are talking about were done. How will BSL and the people who rely on it be affected by the Bill?

[Chris Heaton-Harris]

I thank my right hon. Friend for that intervention. BSL was briefly mentioned in debate in the other place and I believe a probing amendment was tabled on it. BSL is not reflected in this Bill, because BSL is, we hope, already well respected and widely used across Northern Ireland, Scotland, England and Wales. He may like some more information or help, and perhaps he wishes to table a probing amendment on BSL. When I was a Member of the European Parliament, I tabled amendments to make sure that sign language was available in the different languages that the European Parliament used at the time, and I believe it is vital for us to be able to communicate with all parts of society. However, this package is purely about what was agreed back in January 2020 in New Decade, New Approach, and BSL was widely in use at that point in time.

[Sir Mike Penning]

The point I was trying to make is that since the agreement was made—it is the basis of this legislation—it has become law in these islands that BSL is an official language. It has been used extensively for many years, but it is now in statute that BSL is an official language of this country, which is why I am interested as to how the Bill will affect that.

--- Later in debate ---

[Chris Heaton-Harris]

I hear what my right hon. Friend is saying, but BSL is not reflected in this Bill at this point. I am sure he can add expertise and wise counsel as to whether this is the right place for any addition of that type.

Clause 1 amends the Northern Ireland Act 1998 to make provision for the national and cultural identity principles, and requires specified public authorities to have due regard to them when carrying out their functions. These principles affirm the freedom of everybody in Northern Ireland to choose, affirm, maintain and develop their national and cultural identity, and to express and celebrate that identity in a manner that takes account of the sensitives of those with different national and cultural identities. Furthermore, public authorities should encourage and promote reconciliation, tolerance and meaningful dialogue between those with different national and cultural identities.

Clause 1 also establishes the new Office of Identity and Cultural Expression, which will be required to promote awareness of the principles, and to monitor and encourage compliance with them. It will, for example, be able to issue public guidance on best practice for complying with the new duty and to commission research into matters relating to national and cultural identity in Northern Ireland. Clause 1 was also amended in the other place, and I will tackle that when I talk about new clause 8, as inserted in the other place, a bit later in my remarks; further details are also contained on the proposed Office of Identity and Cultural Expression.

Clause 2 provides for the official recognition of the status of the Irish language in Northern Ireland and the appointment of an Irish language commissioner to enhance and protect its use by public authorities when they are providing services to the public. The commissioner, who will be appointed by the First and Deputy First Ministers acting jointly, will develop standards of best practice to which public authorities must have due regard. Those standards will have to be approved by the First and Deputy First Ministers before they can take effect. The commissioner will also monitor and promote compliance with approved standards and investigate complaints where it is claimed by a person directly affected that a public authority has failed to comply with its obligations.

Clause 3 makes provision for the appointment of a commissioner for the Ulster Scots and the Ulster British tradition. The commissioner will be required to promote awareness of services provided by public authorities in Ulster Scots or those likely to be of particular interest to those with an interest in the language, arts and literature associated with the Ulster Scots and the Ulster British tradition. The commissioner will also be required to provide and publish advice, support and guidance in respect of such language, arts and literature, reflecting the Government’s recent recognition of Ulster Scots under the framework convention, as I set out earlier. That advice will also cover the effects and implementation of that international agreement, the UN convention on the rights of the child and the Council of Europe charter for regional or minority languages. For Members who are interested in this matter, schedule 3 contains further details about the commissioner for the Ulster Scots and the Ulster British tradition.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

To those on the DUP Benches, it is evident from the Secretary of State’s explanation that there is a disparity between the power of the two commissioners. One has the power to direct; the other has the power to issue advice. That is important, because I was involved in the discussions on the New Decade, New Approach agreement, and we were very clear. We have seen local council buildings in Northern Ireland stripped bare of any vestige of British identity. We wanted to protect the right to reflect our identity in public buildings and public spaces, yet I do not see any power for the Ulster British commissioner to direct councils where they are stripping out the Ulster British identity from their public buildings and public spaces. He can offer advice, but does that compel a council to act? For us, this is a key issue.

[Chris Heaton-Harris]

The right hon. Gentleman is correct; the duty is to give due regard to the items that I have listed. I would like to think that some of the measures that I have outlined would act as safeguards. The appointment of the commissioners must be made by the First Minister and the Deputy First Minister in agreement, and there will be a level of understanding at that point in time, but I completely understand the point that the right hon. Gentleman has been making.

[Dr Murrison]

My right hon. Friend is being very generous in giving way. The fact of the matter is that the 2021 census showed that there is pretty much equality of facility, at least at some level, between the Irish language and Ulster Scots, at I think 12.4% and 10.4%. We also want parity of esteem between the two communities, yet it is not clear to me—I hope he can help me out on this—why there is such a difference between the commissioners in the legislation. It seems to me, on the principle of parity of esteem and given the more or less equal pegging between the two languages in the most recent census, that they should be dealt with equally.

[Chris Heaton-Harris]

I thank my right hon. Friend for his contribution. I have some statistics that back up his point, from the 2021 “Knowledge and use of Irish and Ulster-Scots in Northern Ireland” report, which is published annually by the Department for Communities. It states that 17% of adults have some knowledge of Irish, 8% can read in Irish and 5% can write in Irish, whereas 16% of adults have some knowledge of Ulster Scots, 4% can read Ulster Scots and 1% can write in Ulster Scots.

I completely understand my right hon. Friend’s main point, but I hope he will understand that we have faithfully lifted from what was agreed at the time of the New Decade, New Approach agreement. That is what I am currently talking about, and I am quite sure that we can go into detail in debate in Committee about why that needs to remain as it is, but if he will allow me, I shall now move on a tiny bit.

[Sammy Wilson]

rose—

[Chris Heaton-Harris]

I will give way one final time.

[Sammy Wilson]

The Minister is being very generous. Does he understand the point that has been made? As far as the Ulster Scots community is concerned, the attack on that community, especially by Sinn Féin-dominated councils in the west of Northern Ireland, has meant the stripping out of any of the symbols identified with the Unionist community. If the role of the Ulster Scots commissioner is to look at the whole remit of culture, and if there is already known to be a problem in Sinn Féin-dominated councils that ruthlessly try to stamp out any of the Unionist tradition, surely that is the most compelling reason to give that commissioner the ability to stop that kind of cultural destruction through the power to direct.

[Chris Heaton-Harris]

I thank the right hon. Gentleman for making his point with strength and passion. I will not go any further on this particular point today, as I believe I have outlined the case that I would make, but as I said to my right hon. Friend the Member for South West Wiltshire (Dr Murrison), I would be very happy to listen to, and hopefully explain and debate, various amendments that might be brought forward on the matter in Committee.

If the House will indulge me, I shall race through the final piece of my speech, because I do not want to take all the time, which is rapidly running out. Of the various other clauses, clause 8 is a new clause inserted by Members of the other place following a further set of amendments from the Government. That clause, alongside the amended clause 1, relates to the establishment of the Castlereagh Foundation. The Government are committed to fund the establishment of the Castlereagh Foundation, as Members will see from paragraph 25 of annex A to the New Decade, New Approach agreement. It was envisaged that the foundation would explore identity and the shifting patterns of social identity in Northern Ireland, and more detail will obviously come to the fore during further debates.

Taken as a whole, the Bill is a hugely important milestone when it comes to identity and language in Northern Ireland. Communities in Northern Ireland have long been awaiting progress in this area. The Bill celebrates Northern Ireland’s different identities and cultures, which contribute immeasurably to the strength and character of our Union, and demonstrates the Government’s commitments to all parts of it. Having followed the debate in the other place, I am cognisant of the fact that not all right hon. and hon. Members, from across all parties, will like everything in this Bill. I accept and respect that, and my door, and indeed that of my hon. Friend the Minister of State, is always open.

However, the Government are determined to see the Bill through this House in a timely fashion, given how long it has taken to get here. We owe it to all communities in Northern Ireland to do that. Indeed, it is our sincere and genuine hope that the parties in Northern Ireland will form an Executive in the not-too-distant future, to make the necessary appointments, oversee the implementation of this important package and maybe deal with some of the issues raised by hon. Members in today’s debate. Until then, the Bill is a reminder that the UK Government will always deliver on our commitments to Northern Ireland and care deeply about its people of all communities, and I commend it to the House.