Northern Ireland Troubles (Legacy and Reconciliation) Bill

Lord Alton of Liverpool Excerpts

Committee stage
Tuesday 24th January 2023 Lords Chamber

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, as a Member of this House coming from Northern Ireland, having represented a constituency in the other place, I—like others from Northern Ireland—have met many victims. The Troubles have imbued the lives of all of us from Northern Ireland because, in some way, we have been deeply affected, either by the deaths of loved ones or neighbours or by the destruction of property. All of that has left many victims searching for truth recovery and justice. The ordinary people I am talking about feel that the Bill robs them of their opportunity to access justice, investigations and inquests which they believe, quite rightly, is their right.

I agree that there should be a pause placed on the Bill and that the Government should go away and think again—and think in terms of the Stormont House agreement. We said this at Second Reading, but other things have happened since then. Other organisations in the human rights field have raised important considerations to be taken into account. The European Commissioner for Human Rights, the UN High Commissioner for Human Rights, the victims’ commissioner and the Northern Ireland Human Rights Commission, which has a statutory responsibility in all of these areas, have all highlighted the faults in the Bill and the fact that the very premise on which it is based—immunity from prosecution—goes against the very heart of what the UK democratic system should be about, and what we as Members of your Lordships’ House should be fighting for.

I can understand what the noble Baroness, Lady O’Loan, is talking about as a former Police Ombudsman for Northern Ireland, and what the noble and right reverend Lord, Lord Eames, said, as he was part of the Eames-Bradley commission which looked into this area in detail with a microscope. There is no doubt that the deaths, injuries and massacres have caused immense pain, whether to members of the security forces or to people on whatever avenue of any political perspective or whatever location they came from on the island of Ireland, as well as here in Britain. People suffered pain and anxiety and were deeply affected.

I believe that the fulfilment of rights and the rule of law must be central to the legacy process. That goes to the very heart of the Bill; immunity from prosecutions and the prevention of civil actions will not deal with what was already agreed in the Stormont House agreement and will not bring peace, justice and reconciliation. I firmly ask the Minister, who was involved with Stormont House and many other agreements to do with victims and legacy in Northern Ireland, to go back to the drawing board and the Stormont House agreement. The Bill, with the amendments, and particularly the government amendments that we will deal with later, is an exercise in denying justice. It will breach the European Convention on Human Rights and threaten the Good Friday agreement. It is bad for justice, for human rights and for the thousands of people who lost loved ones, who were injured during the Troubles, or whose property was destroyed, and who have very bad memories of what happened to them, their families, their communities and their colleagues.

[Lord Alton of Liverpool (CB)]

My Lords, at Second Reading I made clear my own distaste for the Bill and pleaded with the Government not to proceed to Committee or Report. Of course, it is open to the Government at any stage to pull the Bill and to suspend our proceedings. My noble friend’s amendment does not do that; it says that we will proceed with Committee in the normal way. However, it says that before giving the Bill a Third Reading—which is also open to us to decide as a House—we would have a chance to pause it in the way that the noble Baroness, Lady Ritchie, the noble Lord, Lord Dodds, my noble and right reverend friend Lord Eames, my noble friend Lord Brookeborough, and the noble Viscount, Lord Hailsham, have argued in our proceedings; it would be wise for this not to go on to the statute book. This would be a way to do that.

I was grateful to the Minister for the invitation he offered to Members of your Lordships’ House to attend one of his briefing sessions—I think everyone in this House admires the diligence which he applies to his duties. However, during that meeting I had to reiterate my view that it is unwise and unnecessary to proceed with a Bill that, as we have heard again today, has united all shades of opinion in Northern Ireland and beyond.

One of my own principal reasons for opposing further progress on the Bill at this time is that, as we have heard, it has not been laid before the Northern Ireland Assembly, which is non-functioning, and so has not been considered by it. That contributes to the emasculation of power-sharing and devolution, and places in jeopardy one of the most important building blocks of the Good Friday agreement: the very formula which allows people from divergent and different parts of the community to live alongside one other and learn to honour and value each other’s traditions and experiences. Again, I plead with all sides that the Assembly be restored as soon as is humanly possible. Anything which smacks of victors or vanquished will lead to alienation and hostility, and potentially worse, which is why no effort should ever be spared to revive and restore the Northern Ireland Assembly.

I know that some would welcome the death of power-sharing and devolution and are ready to impose Westminster-baked solutions on Northern Ireland. That flies in the face of subsidiarity, is disrespectful of diversity and risks the gains which have been made. We need changes of heart and mind, not ill-considered legislation. For those reasons alone I support the amendment to the Motion that my noble friend has laid before your Lordships’ House.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Lord Alton of Liverpool Excerpts

2nd reading
Wednesday 23rd November 2022 Lords Chamber

[Lord Alton of Liverpool (CB)]

My Lords, my noble friend Lady O’Loan provided an analysis of the Bill in granular detail. We have heard remarkable speeches from Members of all sides of your Lordships’ House and particularly from Northern Ireland. We have heard from noble Lords, and will hear from others, who have held high office in Northern Ireland. My noble and right reverend friend Lord Eames said that he was glad that some who are not from Northern Ireland spoke in the debate. We just heard from the noble Baroness, Lady Bennett, and before her from the noble Baroness, Lady Lister. Now, I hope the House will listen to a few words from me.

For the best part of two decades, I represented a constituency in the city of Liverpool, which some wags refer to as the other capital of Ireland. Liverpool has a history of sectarianism but, in recent times, it has a different story to tell of reconciliation. My friend the sculptor Stephen Broadbent made a remarkable statue called the “Reconciliation Triangle” and two more, one in Glasgow and one in Belfast. Why did we do that? It was to explain something of the tarnished divisions that had disfigured the stories of our and other people’s cities. It was an attempt to understand one another’s stories and to stand in each other’s shoes.

My interest in British-Irish affairs has its antecedents in my origins, as is the case with thousands of people who live on this side of the Irish Sea. My father was one of five brothers who served in the Armed Forces in the Second World War. One was in the Royal Air Force and was killed. My grandfather served in the First World War, but my mother was from a Gaeltacht, an Irish-speaking area, in the west of Ireland. Irish was her first language. Growing up in family that had to live across the religious divide and across different traditions, I had some experience of the way in which it would take several decades for the old prejudices of the early 1950s to dissipate.

The need for reconciliation was also something I saw throughout my years as a city councillor and as a Member of Parliament for the city of Liverpool, when sectarianism was still part of its politics. It took patience, time and commitment to make progress. Some called it the “Mersey miracle”.

In the 1980s, as Irish affairs spokesman in the House of Commons for the SDP-Liberal Alliance, I worked on the alliance report What Future for Northern Ireland? with the late Baroness Shirley Williams of Crosby and the late Lords, Lord Donaldson of Kingsbridge and Lord Hunt of Llanfair Waterdine—the conqueror of Everest. We travelled together to Northern Ireland in the course of preparing that report. In it, in 1985, we were unanimous in trenchantly advancing the arguments for devolution and power-sharing. That is the issue I most want to talk about in my brief intervention.

In a leading article in 1985, the Irish Times said that the report was

“one of the most important documents published on the Anglo-Irish question in recent years … it shows signs of hard work, rigorous thinking, and a commendable attempt at objective analysis. The report set out in detail how power sharing could work and was forthright in defence of civil rights and the rule of law including the conduct of justice.”

We published that report believing that power-sharing and devolution were the only way we would ensure that the hopes, fears and aspirations of both parts of the community could be met. Short-circuiting devolution and power-sharing by pushing on with yet another Westminster Bill is simply disempowering of devolution. It is emasculating of power-sharing. It is disrespectful of opinion in Northern Ireland and those represented, most especially the victims who should be at the heart of the Bill. I strongly believe that there should be no Committee stage of the Bill until the Assembly in Northern Ireland is restored, and until it has first considered this Bill, providing for the pause that my noble and right reverend friend Lord Eames mentioned in his earlier remarks. Bypassing Northern Ireland does not represent progress: it is retrograde and unwise, and fundamentally diminishes the principle of devolution.

In introducing the Bill today, the noble Lord, Lord Caine, in his candid, measured and very honest remarks said that you cannot force through reconciliation via legislation. But that is exactly what we are in danger of being asked to do. It is why the Commissioner for Victims and Survivors has asked us to reject these proposals. It is not just the use of the word “reconciliation”; even the words “Northern Ireland” are inadequate and insufficient. They do not recognise the nature and extent of what are also euphemistically called “the Troubles” in its title. God knows that, at its worst, the hatred and violence that we have been recalling today disfigured, maimed and caused extraordinary suffering and anguish throughout these islands.

Some 3,720 people were killed as a result of the conflict and 47,541 were injured. There were 36,923 shootings and 16,209 bombings. Who will ever forget Bloody Sunday in 1972 or the Enniskillen Poppy Day massacre in 1987? As the noble Lord, Lord Dodds, rightly reminded us, there are still those who glorify violence and those who perpetrate it. Yes, the Bill is entitled the Northern Ireland Troubles Bill, but the ramifications and consequences of three decades of unspeakable violence have been felt by individuals, families and communities way beyond Northern Ireland.

Noble Lords will recall the deaths, injuries, and millions of pounds’ worth of damage in 1996 at Canary Wharf and in the Manchester shopping precinct, or the Provisional Irish Republican Army’s attempt in 1984 to murder the Prime Minister, Margaret Thatcher, and members of her Cabinet at the Grand Hotel in Brighton. Five were left dead and 31 injured, among them our noble friend Lord Tebbit and his wife Margaret, who was left paralysed from the chest down. I am privileged to share an office with the noble Lord, Lord Kilclooney, who has been here for most of this debate today; of course, an attempt was made on his life, too, in 1972. The noble Lord, Lord Caine, referred to the death of Ian Gow, with whom I served in another place, but in 1979, just 24 hours after I was elected to the House of Commons for that Liverpool division, Airey Neave, the shadow spokesman for Northern Ireland, was murdered here, within these precincts, when a bomb was fixed underneath his car by the INLA.

In my maiden speeches in both Houses, I reflected on the futility and unacceptability of such violence and was able to point to long, and ultimately successful, attempts in Liverpool to lay to rest sectarian ghosts and learn the art of respecting difference. It was why, on taking up my responsibilities as a spokesman, I spent a lot of time with Northern Ireland MPs, whom I enormously admire for their commitment to finding non-violent ways forward. I echo something that the noble Lord, Lord Cormack, said earlier when he referred to his visit to Crossmaglen. It was a place I visited with Seamus Mallon, the SDLP MP for Newry and Armagh, who played such an important part with John Hume and David Trimble in bringing about the Good Friday agreement.

The defining moment for me—and, I suspect, for John Major, when he was Prime Minister—came in February 1993, when we both attended the funeral of the boys murdered in Warrington after the Provisional IRA left bombs in the high street. Fifty-four were injured and a 13 year-old and a 12 year-old boy, Johnathan Ball and Tim Parry, were killed. Out of that tragedy, Tim’s father created a peace initiative to promote greater understanding among all communities affected by conflict and to deepen understanding between Great Britain and Ireland. Out of it also came new initiatives from Sir John Major, on which Tony Blair was able to build after 1997.

Not all of us will be able to find it in our hearts to seek reconciliation, or offer forgiveness like Gordon Wilson did in the aftermath of the murder of his daughter at Enniskillen—or, for that matter, like Her late Majesty did in 2011 when she set aside the 1979 murder of the Duke of Edinburgh’s uncle, Lord Mountbatten, to seek with President Mary McAleese a different context for our future relationships. No Act of Parliament could have legislated for that, and no Act of Parliament will ever be able to legislate for reconciliation or forgiveness.

That is why I believe that issues such as those contained in the Bill should first be debated in Northern Ireland and that its elected representatives should be given the first say in what should happen next. It is simply not good enough for Westminster to emasculate devolution, as it is inclined to do, by taking to itself decisions which were intended to be settled by Stormont. The continuation of that process will destroy devolution, not expedite its restoration. As the noble Baroness, Lady Ritchie of Downpatrick, said, we need to tread with great care and re-engage the institutions of Northern Ireland.

I have just one more thing to add. If this Bill goes further, I think many of us will feel forced to table amendments and, in effect, oppose it. That is not in anybody’s interest at this time. I recall the way in which leaders from both parties in both Houses worked with one another to bring about the Good Friday agreement. This is a moment to stop and to exercise some wisdom, rather than try to rush pell-mell with legislation which, as we have heard today, is resisted by people right across the divide. It might be, as the noble Lord, Lord Bew, said, that this is not something about which the detail is agreed. People are opposed to it. We have to work with the grain. That requires us to endeavour to work with those in Northern Ireland by giving them the first say and to work for the restoration of the institutions there before pressing on with this legislation.

Abortion (Northern Ireland) Regulations 2022

Lord Alton of Liverpool Excerpts

Tuesday 21st June 2022 Lords Chamber

[Lord Robathan (Con)]

My Lords, the moral dilemma of abortion is a fraught and complex one in which I do not intend to get too involved. In this country, it raises great passions; in the United States of America, it brings about conflict and leads to shootings, which I think we all regret. But it is the termination of life.

Personally, I believe that abortion is often necessary; it may be necessary for a great many reasons. However, I hope we would all regret that last year in the United Kingdom there were more than 200,000 abortions—I think that is right—which means that abortion has just become an extension of contraception, with all the dangers to mothers’ lives, apart from anything else, that go with it.

Although I may regret that, this debate is nothing to do with the morality of abortion. As we have just heard from several speakers, this is to do with the devolution of power to Northern Ireland. Some eight years ago, I worked in the Northern Ireland Office for a year. Devolution is very important. We know there are issues with it, but either we have devolved health to Northern Ireland or we have not. It seems to me that this is a matter of great principle. Notwithstanding any crusades in the House of Commons by one or two people, such as Stella Creasy, this is a matter that must be decided by the people of Northern Ireland. We should not be going there.

[Lord Alton of Liverpool (CB)]

My Lords, I fully support the amendment to the Motion introduced by my noble friend Lady O’Loan. I strongly endorse the remarks made by the noble Baroness, Lady Hoey, the right reverend Prelate the Bishop of Blackburn, and the noble Lords, Lord Robathan and Lord Morrow.

I say gently to my noble friend—for she is my noble friend—Lady Deech that, among the 30 articles of the 1948 Universal Declaration of Human Rights, there is no right to abortion. Article 3, on the other hand, guarantees the right to life itself. All the other rights are worthless without that paramount right to life.

It is fitting that this debate is taking place around an amendment that regrets this Motion because there is so much to regret in what Parliament is being asked to agree. We should register our profound regret for every life that will be lost because of this decision, at suborning the devolution settlement, and for measures that set aside ethical proprieties and are deeply flawed and frankly questionable, not least on the grounds of workability. These regulations are about more than just how abortion services are commissioned in Northern Ireland. They raise serious questions about devolution and highlight key constitutional challenges that go beyond abortion and should be of grave concern to your Lordships’ House, as we have heard. That is where I want to begin.

Today, the key question for your Lordships is this: should the constitution of this country be set aside on the basis of regulations alone, particularly when the regulations in question are vague and fail to set out how and when the power that they confer will be exercised?

I care about this deeply for a number of reasons. I led a delegation to see John Major when he was Prime Minister and urged him to make abortion a devolved matter—an argument that he accepted, as did Tony Blair. That delegation included leading figures from each of the constitutional parties then in the House of Commons, drawn from across the political divide. Indeed, for many years, I have been a parliamentary spokesman on Northern Ireland; I have come to respect and admire the people of Northern Ireland. I passionately believe that their voices deserve to be listened to, and that power-sharing through devolution holds the key to its future.

Each constituent part of the United Kingdom is permitted by virtue of devolution to take decisions that best meet the needs and political outlook of that part of this nation. The people of Northern Ireland have consistently elected to their Assembly people who take a different view concerning abortion than that expressed in other parts of the UK. Although attitudes and voting patterns in Northern Ireland may well change, the new Assembly has been elected only recently and this question is yet to be put to it. The clear constitutional imperative remains: devolved issues should be decided only by the devolved Administrations, who have been given the power to set policy and law for their area. It is arrogant in the extreme to overturn that principle, especially on an issue that is, for millions of people, not a marginal question but, as I have said, about the very right to life itself.

Regulation 2 permits the Secretary of State simply to bypass the Northern Ireland Executive and the Assembly. The Explanatory Memorandum states that

“a direction given under those Regulations must be complied with irrespective of whether any matter has been brought to the attention of, or discussed and agreed by, the Executive Committee of the Assembly.”

Even if a way forwards is agreed by the Northern Ireland Executive, or indeed the recently elected Assembly, the Secretary of State can simply make any direction he sees fit, even if it is in direct contravention of the decision made by the Executive or Assembly. Even if a majority of elected representatives in Northern Ireland disagree, they will be duty-bound to follow the decision of the Secretary of State. That cannot be right, and as a parliamentarian committed to the principle of devolution, I contest, as I have done in previous debates, this high-handed decision. Surely it would not be tolerated if it was in Scotland or Wales, and it should not be tolerated in Northern Ireland either. To set aside devolution and all it entails by statute would be bad enough, but to do so through regulation, regardless of whether it is technically legally permissible, is troubling indeed.

Report Pursuant to Sections 3(1), 3(6), 3(7), 3(8), 3(9) and 3(10) the Northern Ireland (Executive Formation etc) Act 2019

Lord Alton of Liverpool Excerpts

Monday 9th September 2019 Lords Chamber

[Lord Alton of Liverpool (CB)]

My Lords, I have heard no voice raised this evening urging the restoration of direct rule, yet paradoxically when it comes to the question of abortion this House and another place did not hesitate to set aside devolution to impose laws in Northern Ireland on a highly sensitive and contested devolved question. I have never disguised my opposition to laws which in Great Britain have led to 9 million abortions—one every three minutes—and permit abortion up to birth in the case of disability. Let me make it clear as well that in the 30 articles in the Universal Declaration of Human Rights, there is no human right to abortion.

This is a highly contested question and the right to life is for many a paramount right. This may not be a view that all hold, but it is a respectable minority view and it is held by millions. Indeed, over the weekend in Northern Ireland thousands of people protested peacefully against the decision made here in July through the Northern Ireland (Executive Formation etc) Act—the Act we are discussing now—which imposes changes in the law on Northern Ireland. In an exemplary, dignified and united way, right across the community citizens who believe that both lives in a pregnancy matter made their voices heard. For so many living in Northern Ireland, what happened in this House and the other place made a mockery of democracy. Radical amendments, overturning devolved legislation endorsed by the democratically elected Northern Ireland Assembly as recently as 2016, were simply tagged on to an emergency Bill which had nothing to do with abortion.

This was legislation rushed through in a pell-mell way, which disconcertingly resulted in this House not amending but completely rewriting the amendment inserted in another place. The democratically elected House then had hardly any debating time for the actual text of what is now Section 9. It spent a paltry 17 minutes debating the final text of Section 9, which removes all legal protections from the unborn child in Northern Ireland until they are capable of being born alive, a point in time that is contested and in relation to which the only explicit protection applies from 28 weeks’ gestation. That is four weeks later than in Great Britain and 16 weeks later than in the Republic of Ireland. There was, of course, no consultation with the people of Northern Ireland; there was not even a specific vote on the reworded Clause 9, which was rejected by all Northern Ireland MPs who take their seats at Westminster when the matter, albeit with entirely different words, was subjected to a specific vote on 9 July.

The report produced on abortion law reform required under Section 3(10) highlights the deeply flawed nature of the new legislation on abortion coming into force on 22 October unless the Northern Ireland Executive is restored. With just over six weeks to go, the Northern Ireland Office, which incidentally I sympathise with as this legislative process was not its idea, is openly stating that,

“much further work is required before we are in a place to deliver on this duty if it comes into effect”.

Considering the enormously serious nature of the issue at stake here and regardless of your views, this is deeply troubling. These surely must be seen as matters of life and death. The report goes on to say that there is no,

“clear path forward in terms of the regulations and non-legislative measures”.

By any measure, this is patently absurd. It is bad enough for the Westminster Parliament to remove a law that the democratically elected representatives of Northern Ireland voted not to change in any way as recently as 2016, on the spurious grounds that there was a legal human rights imperative for doing so, which, as the expert legal opinion of Professor Mark Hill makes plain, is without any foundation.

It is, however, utterly extraordinary and deeply wrong to remove that law five months before requiring a new law to be put in its place. That is plainly irresponsible. This in and of itself is incredible when you reflect on it. Abortion would be legalised for any reason including gender, disability and convenience up to the point of viability on 22 October, but there is to be no notification requirement on the part of medical authorities or abortion providers to say that an abortion has taken place. There will be no requirement for abortions to take place in particular places and no explicit legal protection for the rights of conscience for medical professionals who oppose abortion for ethical reasons. What would not be tolerated elsewhere in the United Kingdom is to be imposed in Northern Ireland.

The only way that this can be prevented is for the Executive and the Assembly to be restored. The decision on how and whether to provide abortion should be for the people of Northern Ireland to decide through a proper legislative process, rather than with minimal consideration in an Act that was stampeded through Parliament without any consultation with individuals who actually live in Northern Ireland. For what it is worth, I am going to Northern Ireland later this week and will be urging MLAs to do all they can to restore the Executive. Northern Ireland deserves to be governed again by those whom the people there actually elect. To prevent this direct rule, and for so many other reasons which are highlighted and have been mentioned in our earlier debates, we must see the restoration of the Assembly and the Executive. I plead with the parties in Northern Ireland to do all in their power to bring that about.

Social Rented Housing: Construction

Lord Alton of Liverpool Excerpts

Thursday 26th October 2017 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, my noble friend will be very much aware, because she takes a great interest in these things, that there is considerable evidence of that, as I have just demonstrated in relation to the White Paper: a £2.3 billion housing infrastructure fund; a £45 million land release fund; money going to build to rent, which will be announced in the new year; bespoke housing deals with Leeds, Manchester and the West Midlands, which are well progressed, and others; garden cities and towns that will be coming forward shortly and are very much instrumental; as I have indicated, additional money is going into the affordable housing budget; and a planning fees increase will be brought in by the end of the year that will give more money to planning departments, which will help local authorities. So, there is no shortage of energy and successful action in tackling this deep-seated problem.

[Lord Alton of Liverpool (CB)]

My Lords, will the Minister tell the House what part low-cost homes for sale, self-builds, housing co-operatives and housing renewal of dilapidated properties—that can be maintained and kept for the future if properly renovated—are playing in the Government’s strategy?

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord is right that those are instrumental. If I could take one to tell him about: on self and custom builds, local authorities are very much being encouraged to progress that. They are being obliged to; they have to keep a register in relation to right to build, which we are very keen on. He is right to signal those as important. In order to give him a fuller answer, I will write to him on all of those points, if I may, and put a copy in the Library.

EU and Sudan: EUC Report

Lord Alton of Liverpool Excerpts

Wednesday 7th December 2011 Grand Committee

[Lord Alton of Liverpool]

My Lords, like the noble Lord, Lord Chidgey, I am an officer of the All-Party Associate Parliamentary Group for Sudan, and I thank the noble Lord, Lord Teverson, and the sub-committee for accepting written evidence from the All-Party Group and for welcoming its members during its proceedings. Inevitably, the sub-committee’s report has a considerable focus on the European Union, and I echo some of what the noble Lord, Lord Trimble, has just said. I hope that when the Minister replies she will make some reference to the very first action of Salva Kiir’s incoming Government, which was to apply for membership of the Commonwealth. It seems to me that this is an opportunity for the United Kingdom, particularly in the role that we play in the Commonwealth, to build a deep and lasting relationship with the world’s newest nation.

As the noble Lord, Lord Sewel, said, it is in some ways sad when reports are delayed, but there is real topicality and edge to this debate because of events that are going on even while we meet. There was a report in today’s newspaper, which I have shared with the noble Baroness, Lady Kinnock, that from a launch pad in the town of Kadugli, the towns of Kauda and Alburam and surrounding villages were targeted in the past 24 hours by Iranian rocket missiles fired against civilians. In my remarks, I want to talk about the situation in South Kordofan, Abyei and Blue Nile, as others have done.

It is very unusual for there to be a debate on Sudan in which we will not hear the voice of my noble friend Lady Cox. At present, she is in Westminster Abbey giving one of the readings at a carol service during which a collection is being taken up for her small charity, HART, which does such admirable work in Sudan and in many other parts of the world, so I would like to place on record the reason why she is not here to speak today. I also want to pay tribute to her work in that part of the world, where she has been so many times over the years, and to the work of HART’s Lydia Turner, who has prepared such an excellent briefing in advance of today’s debate.

Previous speakers have referred to the comment in the summary of the sub-committee’s report:

“We assess the risk that the new country of South Sudan will fail as a state as high, even if the international community maintains the current levels of assistance and support”.

There is a danger in making statements of this kind, not least because they can become self-fulfilling prophecies. I also rather disliked the statement because it is what Khartoum has always insisted will happen. I am surprised that at this point in the report’s summary no mention is made of the hostile role of the Republic of Sudan—northern Sudan—whose behaviour is the principal reason why the south is battling against such daunting odds.

We know what constitutes a state that fails, but what name do you give to a state such as north Sudan, whose bombing campaign against the south led, as we heard from the noble Lord, Lord Jay, a few moments ago, to the deaths of 2 million people during the civil war and whose decision in 1983 to impose Sharia law in that religiously diverse nation led to the civil war which ensued? What do you call a state which declared war on its own people in Darfur, seeking the forced Arabisation of African peoples and lands, their enslavement and the imposition of its extremist form of Islam, leading to the deaths of around 400,000 mainly Muslim people and the displacement of 2 million others?

[Lord Radice]

Does the noble Lord consider that in fact South Sudan will not succeed unless there is regime change in Sudan proper? Is that part of his argument? It seems to be leading to that.

[Lord Alton of Liverpool]

My Lords, others have commented on the possibility of the Arab spring having some effect in the Republic of Sudan in due course. We will see, but in the past 24 hours 1,000 people in Khartoum were chanting their support for the Syrian opposition and then started to demand a change in the Khartoum regime led by Field-Marshal Omar al-Bashir. I think it is too early to say but, rather like the noble Lord, I hope that there will be change in Sudan as there will, we hope, be positive change in many other places in that part of the world.

During the civil war that I referred to, I travelled with the SPLA into southern Sudan and saw the situation first hand. Four years later, I went to Darfur where I took first-hand accounts from some of the Darfuri victims of what clearly constituted the first genocide of the 21st century. Those accounts of rape and murder and the depredations of the Janjaweed militia will always be with me. What do you call a state whose leaders permit such atrocities to occur? The International Criminal Court has given it a name; it is an indicted state. In July 2008, Luis Moreno Ocampo, the prosecutor of the ICC, indicted Omar al-Bashir and in 2009, the ICC judges in The Hague issued a warrant for his arrest for crimes against humanity, the first against a sitting head of state. Only last week, the Defence Minister, Abdelrahim Mohamed Hussein, was similarly indicted. Egregious crimes have been committed by the highest levels of government, and the killing continues while we meet.

Northern Sudan has become a pariah state and fails every test of how a civilised or humane Government should behave. Even as those independence celebrations were taking place last July, a chain of political and military developments, initiated by Khartoum, have once again placed the region on the brink of outright civil war. It is worth mentioning in this context that some 70 per cent of Sudan’s income, the oil income that has been referred to, is being used for military expenditure to fuel this killing.

Although the post-independence violence came as no surprise, the sheer ferocity of the attacks in southern Kordofan, Abyei and Blue Nile, areas located along the new international border, has been truly shocking. In southern Kordofan heavy fighting continues between SPLA-North and Sudan’s armed forces. On 1 December, the SAF claimed to have taken the town of Taruje, a claim refuted by the SPLM-North who said that fighting is ongoing. Earlier today, I met with representatives of the SPLM-North and they particularly raised with me the failure to investigate the apparent collaboration of peacekeepers in the massacre of escaping refugees in Kadugli, an issue that I raised on the Floor of the House earlier this year. They described the humanitarian situation as disastrous, with 2 million people across the border region now threatened with starvation.

Aid agencies suggest that at least 305,000 people are displaced in southern Kordofan. Aerial bombardment continues and the humanitarian conditions for the displaced are deteriorating with many hiding in caves in the mountains at great risk.

In Blue Nile, reports from numerous sources consistently describe offences and atrocities perpetrated there by the Government of Sudan similar to those that I have just referred to. They, too, involve aerial bombardment resulting in civilian deaths and injuries, denial of access for humanitarian aid, extra-judicial killings, detention and torture of civilians and looting of civilian properties. It is estimated that up to 400,000 people have now been displaced from southern Kordofan and Blue Nile and 30,000 to 40,000 of them have fled into Ethiopia.

In Abyei, more than 120,000 of the indigenous Ngok Dinka population have fled to South Sudan. Many aid organisations, including Oxfam, have pulled out of the region. As the noble Lord, Lord Teverson, rightly reminded us earlier on, Abyei is mistakenly being identified as part of the Republic of Sudan, when no settlement of that matter, as the noble Lord, Lord Selkirk, said earlier, has been made.

There are reliable reports that Khartoum has issued death sentences to 19 SPLM civilians. As a result, some of those are now being held at Kober prison, among them the renowned writer and poet, Mr Abdel-Monim Rahma. Meanwhile, while those tragic events have been unfolding, the flow of oil from the south, as we have heard, has been halted. Here is an opportunity with China which has been referred to in this debate. The economics of Sudan will influence China. Her Majesty’s Government need to have serious bilateral discussions with China about how together we might be able to make some sense of this appalling situation.

The United Nations Security Council and the international community must urgently respond to the following questions and issues, such as the Government of Sudan’s continuing military offences, including these aerial bombardments. We must revisit the issue of the no-fly zone. On 11 August, the noble Lord, Lord Howell, told me that:

“A no-fly zone in Darfur and Southern Kordofan would be a major logistical challenge”.—[Official Report, 11/8/11; col. WA 444.]

Are we seriously saying that if the political will were there the logistical challenges could not be overcome? As the dry season approaches, there is acute fear of an intensification of military activities, with grave consequences for the civilian population. We must demand access by humanitarian agencies that are denied access at this present time.

On 9 November, the noble Lord, Lord Howell, told me that,

“we continue to work closely with United Nations agencies and international partners to seek urgent access to those most affected by the conflict”.—[Official Report, 9/11/11; col. WA 66.]

What have those urgent endeavours achieved? We need an international independent committee of inquiry to be sent to southern Kordofan, Blue Nile and Abyei to investigate and report on these recent developments.

On 21 June, the noble Lord said:

“Reports of such atrocities will have to be investigated and, if they prove to be true, those responsible will need to be brought to account”.—[Official Report, 21/6/11; col. WA 294.]

More than five months have now elapsed. What results have the investigations yielded, and who has been held to account?

On 11 August, the Minister said:

“We are deeply concerned by reports of this attack on the hospital north of Kauda Valley and other attacks. We continue to urge for a ceasefire, and for access so that these claims can be fully investigated. We will, if necessary, consider action to refer the situation in Southern Kordofan to the International Criminal Court”.—[Official Report, 11/8/11; col. WA 444.]

Have we now done that?

On 11 August, the Minister also told me that he found the UNMIS report, The Human Rights Situation During the Recent Violence in Southern Kordofan Sudan, “deeply concerning”. He went on to say:

“We will, if necessary, consider action to refer the situation in Southern Kordofan to the International Criminal Court”.—[Official Report, 11/8/11; col. WA 446.]

Have we done that?

There are two things that the UK should do immediately. First, the British Government should seriously consider implementing targeted sanctions to try to halt Khartoum’s continuing policies, which are inflicting widespread death and destruction. These could include a UK trade embargo and diplomatic sanctions imposed on senior politicians in Khartoum’s ruling party responsible for the humanitarian crisis and human rights offences. On 10 November, the Minister told me:

“We judge that further targeted travel sanctions would not help at this stage in achieving our objectives, but will keep this under review in consultation with European Union and United Nations partners”.—[Official Report, 10/11/11; col. WA 95.]

What has to happen for us to do that?

The Sudanese bishop, Macram Max Gassis, one of the most courageous and wise men in Africa, once said:

“Peace without justice is like building a house without foundations; it is a pseudo-peace doomed to collapse at the very first storm”.

If north and South Sudan are to have any kind of future, the north will have to learn to coexist with the south, and there will have to be justice as well as peace. Britain and China, I re-emphasise, should work with one another to try to facilitate this. Following Rwanda, we said that we would never countenance another genocide—“Never again”, we said. But it is “Never again” all over again in south Kordofan and this part of Sudan, unless we act.