Identity and Language (Northern Ireland) Bill [Lords]

Baroness Laing of Elderslie Excerpts

Wednesday 26th October 2022 Commons Chamber

[Claire Hanna (Belfast South) (SDLP)]

I beg to move amendment 6, page 1, line 14, leave out from “that” to second “and” in line 16 and insert

“respects the rights of others”.

This amendment would replace the principle taking account of the sensitivities of those with different national and cultural identities with a principle of respecting the rights of others.

[The Chairman of Ways and Means (Dame Eleanor Laing)]

With this it will be convenient to consider the following:

Amendment 15, page 2, line 5, after “means” insert

“the Northern Ireland Office, the Northern Ireland Human Rights Commission and”.

This amendment would include the Northern Ireland Office and the Northern Ireland Human Rights Commission in the definition of public authority within the bill.

Amendment 7, page 2, line 13, at end insert—

“‘rights of others’ means Convention rights within the meaning of the Human Rights Act 1998 and other international human rights standards.”

This amendment defines rights of others in reference to Convention rights and other international human rights standards.

Amendment 28, page 3, line 32 at end insert—

“(4A) The Office must comply with any directions (of a general or specific nature) given by the First Minister and deputy First Minister acting jointly as to the exercise of the Commissioner’s functions.”

This amendment is intended to ensure the bodies established by the provisions of the Bill remain accountable to guidance issued by the First and deputy First Ministers acting jointly in respect of the exercise of their functions.

Amendment 31, page 3, line 32, at end insert—

“(5) The First Minister and deputy First Minister acting jointly must annually assess and report on the costs arising from the operation of the Office in line with the duties prescribed in Section 10(4).”

Amendment 21, page 3, line 33, leave out subsection 78I.

This amendment would remove the power of the Office of Identity and Cultural Expression to establish the Government’s obligation to establish the Castlereagh Foundation (see Clause 8 of the Bill).

Clause stand part.

Amendment 8, in clause 2, page 4, line 22, leave out “have due regard to” and insert “comply with”.

This amendment would amend the duty on public authorities to one of compliance with best practice Irish language standards from one of due regard.

Amendment 27, page 5, line 18 at end insert—

“(4A) The Commissioner must comply with any directions (of a general or specific nature) given by the First Minister and deputy First Minister acting jointly as to the exercise of the Commissioner’s functions.”

This amendment is intended to ensure the bodies established by the provisions of the Bill remain accountable to guidance issued by the First and deputy First Ministers acting jointly in respect of the exercise of their functions.

Amendment 23, page 5, line 20, at end insert—

“(6) The Commissioner must exercise its functions under this Part in a manner that is reasonable, proportionate and practical, and which serves to promote mutual respect, good relations, understanding and reconciliation.”

This amendment reflects the stated intent under paragraphs 5.10 and 5.17 of the New Decade New Approach agreement for each Commissioner established under the Bill to exercise his or her functions in a way that is reasonable, proportionate, practical and conducive to mutual respect.

Amendment 32, page 5, line 20, at end insert—

“(6) The First Minister and deputy First Minister acting jointly must annually assess and report on the costs arising from the role of the Commissioner in terms of—

(a) the operation of the Commissioner’s Office,

(b) the engagement and compliance of public authorities with the Commissioner, and

(c) any other costs.”

Amendment 9, page 5, line 28, leave out subsection (2).

This amendment would remove the requirement that best practice Irish language standards produced by the Irish Language Commissioner be subject to the approval of the First and deputy First Ministers.

Amendment 10, page 5, line 31, leave out “approved under subsection (2)” and insert “prepared under subsection (1)”.

This amendment is consequential on Amendment 9.

Amendment 24, page 5, line 37, at end insert—

“(c) ensure requirements placed on public authorities are reasonable, proportionate and practical.”

This amendment reflects the stated intent under paragraphs 5.10 and 5.17 of the New Decade New Approach agreement for each Commissioner established under the Bill to exercise his or her functions in a way that is reasonable, proportionate, practical and conducive to mutual respect.

Amendment 11, page 6, line 20, leave out “have due regard to” and insert “comply with”.

This amendment would amend the duty on public authorities to one of compliance with best practice Irish language standards from one of due regard.

Amendment 16, page 7, line 27, after “means” insert

“the Northern Ireland Office, the Northern Ireland Human Rights Commission and”.

This amendment would include the Northern Ireland Office and the Northern Ireland Human Rights Commission in the definition of public authority within the bill.

Amendment 12, page 7, line 29, after “(N.I.))” insert

“and any public authority under the Cabinet Office that provides public services in Northern Ireland”.

This amendment would ensure key UK wide services are included.

Clause 2 stand part.

Amendment 29, in clause 3, page 8, line 27, leave out “arts and literature” and insert “heritage and culture”.

This amendment would revise and expand the functions of the Commissioner for the Ulster Scots and Ulster British traditions provided in the Bill. The Commissioner would be responsible for developing the language, culture and heritage associated with these traditions, reflecting the body of established work and existing human rights law.

Amendment 30, page 9, line 6, leave out from “subsection (3)” to end of line 6 and insert

“so far as affecting Ulster Scots”.

This amendment restores the language used to address this commitment in the New Decade, New Approach agreement. The new wording is taken from the New Decade, New Approach agreement.

Amendment 25, page 9, line 25, at end insert—

“(5A) The Commissioner must exercise its functions under this Part in a manner that is reasonable, proportionate and practical, and which serves to promote mutual respect, good relations, understanding and reconciliation.”

This amendment reflects the stated intent under paragraphs 5.10 and 5.17 of the New Decade New Approach agreement for each Commissioner established under the Bill to exercise his or her functions in a way that is reasonable, proportionate, practical and conducive to mutual respect.

Amendment 26, page 9, line 25 at end insert—

“(5A) The Commissioner must comply with any directions (of a general or specific nature) given by the First Minister and deputy First Minister acting jointly as to the exercise of the Commissioner’s functions.”

This amendment is intended to ensure the bodies established by the provisions of the Bill remain accountable to guidance issued by the First and deputy First Ministers acting jointly in respect of the exercise of their functions.

Amendment 1, page 9, line 31, at end insert—

“78SA Duty to have regard to published advice or guidance

(1) A public authority must, in providing services to the public or a section of the public in Northern Ireland, have due regard to any advice or guidance published pursuant to section 78S(2).

(2) A public authority must prepare and publish a plan setting out the steps it proposes to take to comply with the duty in subsection (1).

(3) A public authority—

(a) may revise and re-publish the plan if the authority considers it necessary or desirable to do so;

(b) must revise and re-publish the plan if relevant revised advice or guidance is published in accordance with section 78S(2).

(4) In preparing or revising a plan under this section, a public authority must consult the Commissioner.”

This amendment would place public authorities under a duty to have regard to advice, support and guidance issued by the Commissioner for the Ulster Scots and Ulster British traditions. It would also require authorities to prepare and publish a plan demonstrating how they will adhere to the duty. This mirrors the duty to have regard provision that applies to the Irish Language Commissioner giving expression to the need for public authorities to give expression to the parity of esteem principle in relation to both Commissioners.

Amendment 33, page 9, line 31, at end insert—

“(9) The First Minister and deputy First Minister acting jointly must annually assess and report on the costs arising from the role of the Commissioner in terms of—

(a) the operation of the Commissioner's Office

(b) the engagement and compliance of public authorities with the Commissioner

(c) any other costs.”

Amendment 2, page 9, line 34, leave out “facilitation”.

See explanatory statement for Amendment 5.

Amendment 3, page 10, line 17, leave out “facilitation”.

See explanatory statement for Amendment 5.

Amendment 4, page 10, line 20, leave out “facilitation”.

See explanatory statement for Amendment 5.

Amendment 5, page 10, leave out lines 24 to 27 and insert—

“(6) In this section “published guidance” means guidance published under section 78S(2)(b).”

This amendment would extend the grounds on which an individual can submit a complaint to the Commissioner for the Ulster Scots and Ulster British Traditions to cover the conduct of public authorities in relation to all the guidance issued by the Ulster Scots Ulster British Commissioner, as is already the case with respect to all the guidance issued by the Irish Language Commissioner. It would thus help restore/achieve the parity of esteem.

Amendment 17, page 10, line 29, after “means” insert

“the Northern Ireland Office, the Northern Ireland Human Rights Commission and”.

This amendment would include the Northern Ireland Office and the Northern Ireland Human Rights Commission in the definition of public authority within the bill.

Clause 3 stand part.

Clause 4 stand part.

Clause 5 stand part.

Amendment 13, in clause 6, page 12, line 2, at end insert—

“(3A) In the case of the absence of compliance with regard to identity and language functions by a Northern Ireland Minister or Northern Ireland department, the Secretary of State must—

(a) act to appoint an Irish Language Commissioner within 30 days, in the case of the First Minister and deputy First Minister not acting jointly to appoint an Irish Language Commissioner as laid out in section 78J of the Northern Ireland Act 1998 (as inserted by section 2 of this Act) within 30 days of the legislation coming into force or a vacancy arising;

(b) act within 30 days to approve the best practice standards submitted by the Irish Language Commissioner with or without modifications, in the case of the First Minister and deputy First Minister not approving best practice standards submitted under section 78M of the Northern Ireland Act 1998 (as inserted by section 2 of this Act) within 30 days.”

These step-in powers for the Secretary of State include a timescale whereby a decision by him or her must be taken. With this amendment the Secretary of State must act within 30 days of progress being restrained.

Amendment 14, page 12, line 16, at end insert—

“(c) a function conferred by or under section 28D of the Northern Ireland Act 1998.”

This amendment seeks to permit the Secretary of State to intervene, reflecting the commitment given in New Decade New Approach. The Irish language strategy is not included under these functions and this amendment would amend the legislation to include the Irish language strategy as a function.

Clause 6 stand part.

Clause 7 stand part.

Amendment 22, in clause 8, page 13, line 9, leave out “may” and insert “must”.

This amendment would require the Government to establish the Castlereagh Foundation.

Amendment 18, page 13, line 21, at end insert–

“(2A) The Secretary of State must, within 3 months of the passing of this Act, publish a report on the establishment or funding of any body or organisation under subsection (1).

(2B) A report published under subsection (2A) must include details of the relevant body or organisation’s—

(a) membership or proposed membership;

(b) funding structure or proposed funding structure;

(c) functions, responsibilities and objectives;

(d) compliance with Article 1(v) of the British-Irish Agreement 1998; and,

(e) compliance with the National and Cultural Identity Principles.”

This amendment would require the Secretary of State to publish a report on the structure and functioning of the proposed Castlereagh Foundation.

Clause 8 stand part.

Amendment 20, in clause 9, page 14, line 30, leave out subsection (2) and insert—

“(2) Part 1 comes into force on such day as the Secretary of State may by regulations made by statutory instrument appoint subject to subsection (3).”

This amendment would remove the concurrent powers and powers of direction granted to the Secretary of State for Northern Ireland under Part 2 from the Bill.

Amendment 34, page 14, line 31, at end insert—

“(2A) Before Part 1 comes into force the Secretary of State must lay before Parliament a report assessing—

(a) the annual costs to the public purse of–

(i) the establishment and operation of each of the three bodies constituted under this Bill, and

(ii) the relevant public authorities engaging and having regard to the three offices, and

(b) how this spending allocation gives effect to the principle of the parity of esteem between the unionist and nationalist communities.”

The explanatory notes for this Bill only provide costings for the running costs of the three new offices. This amendment requires the Secretary of State to assess the costs to the public purse both from running the three new offices and for meeting the cost of public authorities engaging with and having regard to the three new offices.

Amendment 35, page 14, line 33, at end insert—

“(4) After the Bill comes into effect, the First Minister and deputy First Minister acting jointly must—

(a) publish an annual report comparing the total public monies spent in relation to—

(i) the Irish Language Commissioner under Section 2(6), and

(ii) the Ulster Scots Ulster British Commissioner under Section 3(5), and

(b) assess the costs associated with running the Office of Identity and Expression,

to ensure that the parity of esteem is respected in the spending between the unionist and nationalist communities.”

This amendment requires Ministers to annually compare the total public monies spent in relation to the Irish Language Commissioner and the Ulster Scots Ulster British Commissioner to ensure that parity of esteem is respected in the spending between the unionist and nationalist communities. It also requires them to assess the costs associated with the Office of Identity and Expression on the same basis.

Clause 9 stand part.

Clause 10 stand part.

Clause 11 stand part.

Government amendment 19.

Clause 12 stand part.

New clause 1—Duty in relation to the European Charter for Regional or Minority Languages—

“A public authority must, in carrying out functions relating to Northern Ireland, act compatibly with its obligations under the European Charter for Regional or Minority Languages.”

This new clause would oblige public authorities to comply with obligations accepted by the United Kingdom under the Council of Europe Charter for Regional or Minority Languages.

That schedule 1 be the First schedule to the Bill.

That schedule 2 be the Second schedule to the Bill.

That schedule 3 be the Third schedule to the Bill.

[Claire Hanna]

Go raibh maith agat, Dame Eleanor. I rise to discuss amendment 6, tabled in my name and those of my hon. Friends the Members for Foyle (Colum Eastwood) and for North Down (Stephen Farry), as well as to speak about some of the other amendments we have tabled, including amendment 13, which we might seek your permission to press to a vote later. For the convenience of the Committee, I will comment on amendments tabled by others as well.

Amendments 6 and 7 to clause 1 clarify the issues with the clause and seek to move provisions on to a more rights-based footing. The amendments bring the Bill into line with international human rights standards and the drafted legislation worked on between the parties prior to New Decade, New Approach. The phrase in the Bill as drafted, without amendment, refers to the “sensitivities” of others, but unfortunately in Northern Ireland we know that there are people of various political hues who might be hostile to the cultural expression of others. The amendments seek to place these measures on a rights-based footing, because in the same way as there is no right not to be offended, there is not really a right for anyone not to have other people speak around them a language that they do not support.

Elsewhere in clause 1, the Social Democratic and Labour party also supports the Opposition’s amendment 15, which seeks to include the Northern Ireland Office and the Northern Ireland Human Rights Commission in the definition of a public body. We have concerns about amendments 28 and 31, which locate further powers and duties with the First Minister and Deputy First Minister, which I shall expand on later. We also do not support amendment 21, which would seek to remove the proposed Castlereagh Foundation from the architecture that we are creating through the Bill and would be a further departure from New Decade, New Approach.

On clause 2, I want to speak in favour of amendments 8 to 12, which we do not seek to push to a Division. Amendments 8 and 11 focus on amending the duty on public authorities to one of compliance with best practice standards rather than just due regard. We think that the duty should flow from the St Andrew’s agreement on language rights based on the experience of Wales, and the amendments would ensure that that was the case.

--- Later in debate ---

It is hard not to draw a very painful conclusion, and I say with great sadness in my heart that I look upon the Minister as a friend, but the legislation today is here to punish us. Even at this late stage, I ask the Government to think again.

[The Chairman of Ways and Means (Dame Eleanor Laing)]

I call the Chair of the Northern Ireland Affairs Committee.

[Simon Hoare]

It is a pleasure to follow the hon. Member for Strangford (Jim Shannon). I was not intending to speak in this debate, but I suddenly realised that I probably owed the Committee a small apology in that I was not able to take part in the Second Reading debate, due to having been called home for a reason.

If I may, I want to put on record my support for the Bill. It has been a long time coming, and I think it is laudable for His Majesty’s Government to bring it forward. Too often, when we have seen agreements that are part of moving the dial on Northern Ireland or of resurrecting the Executive, the agreement is seen as an event that does the trick and then gets forgotten. This was a very key part of New Decade, New Approach and the Government are right to bring it forward.

It will come as no surprise to the hon. Member for Strangford that I do not see the Bill as being an opposed to Unionists, glass half-full, Conservative Government attack, which is how he sees it. If we start from the premise that no Bill is ever perfect, any fair reading of the Bill shows that it effectively addresses the two sides of the same coin in a way that respects two different traditions and the people who have advocated for those traditions. It is an issue that has been too long neglected, and it is wise and right that the Government should do this.

I make the point, which I would certainly have made in my Second Reading speech, that I am a Welshman who attended a Welsh high school, but at a time when South Glamorgan County Council said that Welsh was a dying language, so we learned it for a year and then it was dropped. When I return to Wales, which has seen a renaissance of the Welsh language, I wish I could take part in those conversations, and I feel as though a piece of the cultural jigsaw is missing.

If we are Unionists, we do not have to be uniform. Part of the great strength of our United Kingdom comes from the cultures, the language, the music, the literature, the poetry and all those things that make us such a strong and attractive geopolitical force in the world. One does not have to be uniform to be a Unionist, and we should be celebrating those differences and those traditions.

--- Later in debate ---

[Sammy Wilson]

My hon. Friend makes a good point. That controversy might indicate the political colour of some of those who populate the Northern Ireland Office, which bears out the point I made earlier.

How does the Minister believe that this Bill protects the heritage, culture, language and interests of Unionists, especially Unionists living in nationalist-dominated council areas, when the commissioner is not being given the powers to do that? Why will the Irish language commissioner have the power to require public bodies to have due regard?

[The Chairman of Ways and Means (Dame Eleanor Laing)]

Order. I hesitate to interrupt the right hon. Gentleman. I have not set any time limits or restrictions, but I had hoped for co-operation to make the Committee work well this afternoon. He has now been on his feet for 19 minutes, which is a long time. I hope that he will now draw his remarks to a close, because I would at least like to call the leader of his party before the wind-ups. I hope he will show some consideration for the rest of the Committee.

[Sammy Wilson]

I will, of course, obey your request, Dame Eleanor.

Can the Minister show how that discrepancy in this Bill will give Unionists the same protection? He is welcome to get involved in the quagmire, the chaos, the complaints and the friction that this Bill will cause. He may say that the Bill will be light-touch, but I suspect he will be dragged into controversies over it time and again. A requirement to impose rather than reach agreement is not a good way to proceed. With the powers the Bill gives to the Minister, he can be sure that the default position will always be that is for him to decide. Rather than reaching a resolution on these issues, it will become yet another focus for controversy.

Identity and Language (Northern Ireland) Bill [Lords]

Baroness Laing of Elderslie Excerpts

2nd reading
Wednesday 12th October 2022 Commons Chamber

[Richard Thomson (Gordon) (SNP)]

How do I follow that word?

I begin in all seriousness by echoing the sentiments expressed on both sides of the House about the appalling events in Creeslough. I send my personal condolences to all who have lost their lives, their families and all those who have been deeply affected by that awful tragedy.

The Scottish National party welcomes this Bill, although we, like others, very much regret that the legislation is being brought forward in this place rather than through the Northern Ireland Assembly. It deals with two languages that are clearly integral to the cultural heritage of Northern Ireland. As hon. Members have mentioned, both Irish and Ulster-Scots are languages with significant usage; the latest census shows that 12.5% of people in Northern Ireland have use or some use of the Irish language and some 10% have use or some use of Ulster-Scots.

Ahead of this debate, I happened across a publication online produced by the British Council on Ulster-Scots. Obviously, I was familiar with the strong cultural links and shared vocabulary between Ulster-Scots and Scots, but I do not think I had fully taken on board how similar they were. There was such similarity that, were I to live in Northern Ireland, I think I would be able to include myself in that 10%.

We have already heard the word “scunnered” from the right hon. Member for Skipton and Ripon (Julian Smith); it is a word that frequently applies to how we feel when things in this place do not go our way. “Aye”—for yes—is a word that every hon. Member ought to be familiar with, along with blether—always more than a few of those about the place—boak, crabbit, eejit, flit, oxter and thrawn. Then of course there is “sleekit”, although, were I to apply that word specifically to any hon. Member, I am sure I would be getting my knuckles rapped from the Chair, so I will not seek to do so. There may be an occasion where I want to push my luck, but it is not this afternoon.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. For the sake of clarity, I appreciate that a great many people in the House do not understand the words the hon. Gentleman has just used, but I do, and he is absolutely right about the way in which he might apply them. I will be listening carefully.

[Richard Thomson]

I am grateful for that, Madam Deputy Speaker, and I shall take care to ensure that the rest of my remarks are within the parameters of normal parliamentary debate.

A language Act has been promised from the Good Friday agreement through the St Andrews agreement and, most recently, the New Decade, New Approach agreement, so in our view the Bill is long overdue. Language, culture and identity matter.

Linguistic rights are human rights, as reflected in various international conventions that seek to uphold the ability of linguistic minorities around the world to practise and use their own languages. Citizens have a fundamental right to their identity and to cultural expression. Those linguistic rights are contained in the United Nations declaration of human rights, the international covenant on civil and political rights, the European convention on human rights and the European charter for regional or minority languages.

Across these islands there is an unhappy legacy of the suppression of some of those rights. Thankfully, we have left behind the dark days of physical and cultural barbarism where children had their native tongues thrashed out of them in schools, but that is not the only reason for languages being marginalised.

Mass media produced in a dominant language has been a key driver of that as well. Indeed, the correlation between the decline in the use of Scots Gaelic in the home and the rise and availability of television in the English language is marked. Without action to rectify that, indigenous languages are often left in a parlous state, with a diminished and marginalised status. Steps can of course be taken to remedy that through schooling, broadcasting in those languages and support for cultural activities—those are just some of the more obvious examples.

Although a language might be in fairly common everyday usage—it could be a language of conversation, a language of song and poetry, or even a language of print—if it is not in daily use as a language of law, commerce or administration, any existing lack of parity of esteem is reinforced. That is deeply regrettable, because our languages are an essential part of our culture and heritage. Even if we speak more than one language, we will default to the language that is our most natural form of expression. Whether or not we speak all the languages from the places where we live, we are shaped by them and the inheritance they give as part of a cultural wealth that belongs to all. I firmly believe that, just as the promotion, support and legal recognition of Scotland’s languages—particularly Gaelic—has threatened no one, promoting the Irish and Ulster Scots languages should pose no danger to anyone’s culture or identity.

The Bill clearly gives official status to the Irish language, giving citizens in Northern Ireland the right to register births, deaths and marriages in Irish and to request court proceedings to take in place in Irish; increasing support for Irish-medium schools and more; and giving official recognition to the Ulster Scots language and culture. I recognise, as others have, the disparity in that, but the Bill would create an identifiable and recognisable policy landscape similar—at least in part—to that of Scotland, where the Gaelic Language (Scotland) Act 2005 gives Gaelic legal official status, while the Scots language, which is spoken by upwards of 1.5 million Scots, does not have the same legal status. The Scottish Government are currently consulting on ways to support the Scots language, and I hope that one of the outcomes of that consultation will be a similar language Act recognising and giving status to Scots. I would be the first to acknowledge, however, that whatever similarities there are, the issues at play in Scotland are somewhat different.

A language Act might be a necessary step towards ensuring that a language survives and thrives, but it is insufficient on its own. I fully take on board the point made by the hon. Member for Strangford (Jim Shannon) about the importance of the culture, music, song, poetry and everything else that supports a language and keeps it in daily popular use.

To draw my remarks to a close, giving official status to the Irish language and recognition to the Ulster Scots language and culture is a positive step, but I cannot help but feel that to enhance mutual respect not just between languages but between communities and traditions, there should also be parity of esteem in law, not just between the English and Irish languages, but between Ulster Scots and those languages, and that the institutions being created and the powers granted by the Bill should be equal. Both commissioners should have the same status in law with the same powers behind them. That would be hugely beneficial to what I think we would all like the Bill to achieve: parity of esteem and helping to work towards mutual respect.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Baroness Laing of Elderslie Excerpts

Committee stage
Wednesday 29th June 2022 Commons Chamber

[Several hon. Members rose—]

[The Chairman of Ways and Means (Dame Eleanor Laing)]

Order. The Minister has to answer one question before he can take the next one, even if it is on the same point.

--- Later in debate ---

[Several hon. Members rose—]

[The Chairman of Ways and Means (Dame Eleanor Laing)]

I was about to call the Chair of the Northern Ireland Affairs Committee, the hon. Member for North Dorset (Simon Hoare), but he is not in his place. How curious—I appear to have nobody standing on the Government side of the Committee.

[Sir Robert Buckland]

On a point of order, Dame Eleanor. I wanted some help as to how to explain—[Interruption.] When an hon. Member has had to leave the Chamber for comfort purposes, I wonder how that is to be put on the record. I seek your guidance.

[The Chairman]

I thank the right hon. and learned Gentleman for his point of order. I think it would be better if we just glossed over the last minute or so, with the understanding of Opposition Members who were standing to indicate their intention to speak. I will nevertheless turn my gaze back to the Government side of the Committee, as I normally would when the shadow Secretary of State has finished his remarks.

I thank the hon. Member for Hove (Peter Kyle) for his speech. I call the Chair of the Northern Ireland Affairs Committee, Simon Hoare.

[Simon Hoare]

Perhaps that was due to turning 53 yesterday or perhaps it was because I was referred to as “senior” and “esteemed”—it shows that being senior also has some other callings. I am very grateful to the Committee.

Let me make two “Second Reading points”, as I would describe them. Anybody who attended yesterday’s performance of “The Crack in Everything” from the Derry Playhouse, which was organised beautifully by the hon. Member for Foyle (Colum Eastwood), and anybody who saw the final episode of “Derry Girls”—which so reminded us of what we are talking about, notwithstanding the time differential—will know that they serve as two very painful and stirring reminders of the seriousness of these issues, the sadness that they evoke and how we need to deal with them in a very painstaking and clear way.

I am also conscious of the words of Sir Declan Morgan, who recently gave evidence to the Northern Ireland Affairs Committee about the Bill. He made a point worth bearing in mind, which is that these are not easy issues. If this issue were easy, previous Governments would have dealt with it by now, but there is not even an “it” to deal with—there are different issues, different people and different responses.

How people respond is entirely individualistic, but given how long things have taken and how there have been patent, clear and demonstrable failures to guarantee and provide the support and closure that people need, Sir Declan made a valid point: it is this Bill, as amended, or nothing. Without the Bill, there will just be a continuation of the very unsatisfactory status quo; it is not as if there is something better out there. It might have been Stormont House. I prayed it would be Stormont House—Stormont House had the agreement—but that has not come to pass, and I think that too many years have elapsed.

Let me say a few words about the amendments in my name. The Committee will be relieved to hear that I do not propose to press them to a Division this evening. As and when the Bill becomes an Act, part of the challenge will be not in trying to garner and maximise support so much as in trying not to maximise questions, opposition and hostility. Ensuring in statute that there are five commissioners will provide the scope for those commissioners to represent a wide constituency of interests and experiences.

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[Simon Hoare]

On a point of order, Dame Eleanor, the hon. Member for Belfast East (Gavin Robinson) has raised an important question in regard to who can move an amendment. Clearly it does not just have to be the principal signatory. It is my understanding—I am probably wrong, and I would welcome your guidance—that any member of the Committee of the whole House can press an amendment to a Division, even if they are not a signatory to it, so long as the amendment has been selected, which of course it has been. Is my understanding correct?

[The Chairman of Ways and Means (Dame Eleanor Laing)]

The hon. Gentleman makes a perfectly good point of order, and he is correct. We are in Committee of the whole House, and it is indeed the case that if the lead name on an amendment does not move the amendment at the appropriate time, any other Member can do so. I note that amendment 115, which is the one to which the hon. Member for Belfast East (Gavin Robinson) was referring, has five names in addition to the shadow Secretary of State’s, including the hon. Member for Belfast East and some of his colleagues. I have every confidence that if for some reason it was not moved by the shadow Secretary of State on behalf of the official Opposition, plenty of other people could move it.

I am also sure that that matter is being dealt with at this moment—from what I have seen from the debate—in the way that it ought to be dealt with. It is a matter of some satisfaction to see the House working as it should in Committee, which is about not grandstanding or soundbites, but getting the best legislation that we can produce by working together. That is exactly what is happening at this moment.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Baroness Laing of Elderslie Excerpts

2nd reading
Tuesday 24th May 2022 Commons Chamber

[Simon Hoare]

And I am not putting words into his mouth. I did reference the fact that the Veterans Commissioner could be on the observatory panel and the advisory panel, or scrutiny panel, to the commission. That would be important, but it is important, I suggest—and I know that he knows this—to get that absolute balance right.

There is a difference in view among the veterans community. Some have been arguing for a blanket clearance from day one. Others have told the Committee that they do not want to see that, because they want to make sure that those who did wrong are held to account—of course there are some who did wrong; the terrorists did everything wrong, but some of the police did wrong and some of the military did wrong—and they do not want everybody to be tarred with the same brush. So there is a difference of view in the veterans community on how we deal with this. I think the Bill broadly gets it right by making sure that one side is not favoured over the other.

As I say, the Bill is not perfect, but it does create a framework that can and could help. We do need more time to consider it in this place, which is why I make the plea for revision of the programme motion. After all these years, something needs to be done to try to ensure that progress is made. This is the Bill to do it. We need to be driven, I suggest, by that imperative. If anything can unite the House in this debate, it might be this point: what we should be seeking to achieve in this Bill is to ensure that future generations are not infected by the poison of this too long neglected and running sore.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call the SNP spokesman.

Northern Ireland (Ministers, Elections and Petitions of Concern) Bill

Baroness Laing of Elderslie Excerpts

Consideration of Lords amendments
Monday 7th February 2022 Commons Chamber

[The Minister of State, Northern Ireland Office (Conor Burns)]

I beg to move, That this House agrees with Lords amendment 1.

[Madam Deputy Speaker (Dame Eleanor Laing)]

With this it will be convenient to consider Lords amendment 2.

[Conor Burns]

Before I come to the Lords amendments, I say to the House that this is the first occasion that a Northern Ireland Office Minister has been before the House since the withdrawal of the First Minister of Northern Ireland from the Northern Ireland Executive in recent days. My right hon. Friend the Secretary of State is in close contact with the party leaders in Northern Ireland, the Government of the Irish Republic and others. Our strong message to the party of the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) is that we would rather he returned his party to the Executive. A stable Executive and stable governance are in the interest of the people who matter the most in all this—the people of Northern Ireland.

--- Later in debate ---

[Peter Kyle]

I will make progress, and then I will take more interventions.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. I hesitate to interrupt the hon. Gentleman, but I must remind the House, lest he be tempted to take too many interventions, that we have only one hour for this—until 8.40 pm. He certainly has not taken too long so far, but I just want to protect him from the temptation.

[Peter Kyle]

Thank you, Madam Deputy Speaker; your protection is always welcome. I try my best to defend myself and to embrace as many interventions as possible, while bearing in mind that other Members from Northern Ireland also need to speak in the debate.

Power sharing is a fundamental outcome of the peace process. The Belfast/Good Friday agreement is not an abstract. Strand 1 details the envisioned day-to-day functioning of the Northern Ireland Assembly and Executive.

The support for power sharing among the public in Northern Ireland is resolute. As Professor Tonge said in an evidence session on this Bill:

“Devolved power sharing is overwhelmingly a preferred option that comes back from each of those surveys—never larger, it should be said, than in 2019, which might be seen as remarkable given the hiatus in devolution from January 2017 until just after the election in December 2019. So the public have never lost faith with devolved power sharing. They have continued to support it.”––[Official Report, Northern Ireland (Ministers, Elections and Petitions of Concern) Public Bill Committee, 29 June 2021; c. 7-8.]

People in Northern Ireland are now emerging from a profound health crisis. Constituents in all parts of the United Kingdom are facing a cost of living crisis and huge public service challenges—multiple crises. For all political leaders in Northern Ireland, these are priorities that people want to be addressed in the coming weeks, in addition to valid constitutional issues, which must be resolved, as a result of the protocol that this Government negotiated and signed.

Lords amendments 1 and 2 allow the Bill to have an immediate commencement and for its provisions to apply if it receives Royal Assent during the seven-day Executive formation period following a First Minister or Deputy First Minister resignation. The Labour party fully supports the Lords amendments, but it is disappointing that the optimism of the New Decade, New Approach deal has not been realised.

Northern Ireland Protocol

Baroness Laing of Elderslie Excerpts

Wednesday 21st July 2021 Commons Chamber

[Brandon Lewis]

The hon. Gentleman is right. As other colleagues have said today, it is important, and we are very clear, that we are not taking any options off the table. We need to ensure that we have the ability to do what is right for the people of the United Kingdom, and particularly, in the instance of the protocol, for the people of Northern Ireland. We think this is the right way to move forward, in order to find a way to resolve these underlying issues within the protocol, which we are fundamentally implementing for Northern Ireland and for the EU. These are fundamental issues that need to be resolved.

I have always been very clear, as have the Prime Minister and my right hon. Friend the noble Lord Frost, about our determination to deliver an outcome that is right for the people of Northern Ireland and that is sustainable and has the consent of the entire community of Northern Ireland. That is the only way that this can work in a positive way. We will then get to the stage where Northern Ireland has real opportunity to deliver huge economic growth and jobs in the future, as part of the UK internal market but also working with our friends and partners in the EU, with access to their market as well.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Thank you. I will now briefly suspend the House for three minutes in order that arrangements can be made for the next item of business.

Legacy of Northern Ireland’s Past

Baroness Laing of Elderslie Excerpts

Wednesday 14th July 2021 Commons Chamber

[Brandon Lewis]

My right hon. Friend has huge expertise and experience in these matters. The Select Committee report is indeed very clear, and goes into great detail about how this can work. My right hon. Friend is also absolutely right—which should surprise none of us—in his understanding of why the information recovery, truth and reconciliation part of this is so important. Not only is it the means for us to move Northern Ireland forward, but—here I return to what I said at the beginning of my statement—it is the means to ensure that what we do is compliant with human rights and article 2. To that end, we need to ensure that the information recovery mechanism is very clear, very focused and able to deliver, and, as we know from examples such as Operation Kenova, that can be done.

I thank my right hon. Friend for the expertise and advice that he has been able to provide, in the Committee’s report and subsequently. What he has said is absolutely right.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I will now suspend the House for a few minutes so that arrangements can be made for the next item of business.

Abortion in Northern Ireland

Baroness Laing of Elderslie Excerpts

Thursday 25th March 2021 Commons Chamber

[Brandon Lewis]

A few points arise from what the hon. Gentleman has just outlined. First, the action we have taken this week was outlined on the Floor of the House during oral questions. We laid a statement on Tuesday. This action is being taken under the affirmative procedure, so it will be a matter for debate and can be properly discussed in this House. It is about our legal obligations as per 2019 to ensure that the services are properly provided.

We are now, as an hon. Friend outlined earlier, some 14 months on from the re-establishment of the Executive and the Department of Health is not at this stage providing the full range of services, although the hon. Gentleman is absolutely right that, as I outlined in my opening remarks on this urgent question, some 1,100 individuals—women and girls—have been given services over the last period. I thank the health professionals for doing that, but there are still far too many individuals who are having to travel to mainland Great Britain to get the full range of medical support and services—services that are not available in Northern Ireland which are available elsewhere in the UK. We are under a legal obligation to ensure that that ability to access healthcare for women and girls in Northern Ireland is similar to that across the rest of the United Kingdom.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I will now briefly suspend the House in order that arrangements can be made for the next item of business.

Northern Ireland Protocol: Implementation Proposals

Baroness Laing of Elderslie Excerpts

Wednesday 18th November 2020 Commons Chamber

[Mr Walker]

Yes, I wholly agree. It is crucial that we provide that certainty. I have heard time and time again from Northern Ireland businesses about the importance of that certainty to their biggest single market: the rest of the UK. We must deliver on that as we deliver on the wider protocol.

[Madam Deputy Speaker (Dame Eleanor Laing)]

In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next item of business, I suspend the House for three minutes.

Historical Institutional Abuse (Northern Ireland) Bill [Lords]

Baroness Laing of Elderslie Excerpts

2nd reading: House of Commons
Tuesday 5th November 2019 Commons Chamber

Second Reading

[Madam Deputy Speaker (Dame Eleanor Laing)]

Before I invite the Minister to move Second Reading, I must announce Mr Speaker’s decision on certification for the purposes of Standing Order No. 83J “Certification of bills etc. as relating exclusively to England or England and Wales and being within devolved legislative competence”. On the basis of material put before him, I must inform the House that in Mr Speaker’s opinion the Bill does not meet the criteria required for certification under that Standing Order.

--- Later in debate ---

[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. It is very sad that the hon. Member for Ealing North (Stephen Pound) is leaving the House after today. I think that everyone present will agree with me that his last speech in this Chamber will be remembered as one of his best.