Northern Ireland (Miscellaneous Provisions) Bill

Debate between Lord Brooke of Sutton Mandeville and Baroness Randerson

Tuesday 4th March 2014 Lords Chamber

[Baroness Randerson]

That the Bill do now pass.

[Lord Brooke of Sutton Mandeville (Con)]

My Lords, I would like to make a brief footnote to the debates that we have just had. My noble friend Lord Mawhinney made reference in debate on Amendment 1 to my noble friend Lord King of Bridgwater and myself. I did not intervene in that debate, especially on the subject of secret deals, but certainly my basic attitude to such matters was learnt at my mother’s knee. I mention this because I recall that the Reith lectures given by the noble Baroness, Lady O’Neill of Bengarve, treated on the same matter. It is happy that she is here so that she can reprove me if I misrepresent her. Her view on behaviour was that those people with whom one has contact react and respond to the way that you treat them. If you communicate liking, they are likely to behave in a likeable manner while if you show that you trust them, they are likely to behave in a trustworthy manner. In both these examples, the converse is true. Secret deals are therefore fundamentally counter- productive. I once worked for a great American who taught me that the strongest argument against falsehoods is that the truth is much easier to remember. I am not seeking a response.

Northern Ireland (Miscellaneous Provisions) Bill

Debate between Lord Brooke of Sutton Mandeville and Baroness Randerson

Tuesday 25th February 2014 Lords Chamber

[Lord Brooke of Sutton Mandeville (Con)]

My Lords, I mean no disrespect to the shadow spokesman for the Opposition in speaking immediately after her. I hesitated to speak in the debate because I had played no part whatever in the proceedings so far, but I detected some mild anxiety in the exchanges between the government Front Bench and the advisers behind me. Therefore, I reckoned that uttering for a moment might provide enough time for any matters of that sort to be resolved with total confidence.

Like many in your Lordships’ House, I was alerted to this problem by the original letter expressing concern about the difference between Northern Ireland and the rest of the kingdom at the moment in these regards. For reasons that are in no remote sense the responsibility or fault of the Minister, I was unable to attend any of the briefing meetings that she very generously provided for people interested in this Bill. It is possible, because I have not taken any part, that I have not received correspondence that may have come to other noble Lords.

Having listened to the debate this afternoon and read the debate that occurred in Committee, I have a sense of unease. I do not have a sense of confidence that all is well. We are rather late in the proceedings of this Bill to be dealing with these sorts of concerns. I hope that my noble friend the Minister will be able to give a significantly clearer position of exactly where we are and why at this particular moment.

[Baroness Randerson]

My Lords, I thank the noble Lord for his amendment. I know from Committee, and this afternoon, that this issue gives rise to considerable debate, in which of course there is very wide interest. I am grateful to the noble Lord for bringing the matter back on Report.

The noble Baroness, Lady Smith, criticised the timing of my letter. My letter was dependent on knowing on which aspects I had not been able to satisfy noble Lords following the debate in Committee. There were a number of other issues of debate that have not come back to us because clearly the debate produced a satisfactory response to what I had said. I was therefore picking up those issues which had been raised in amendments by noble Lords or which had been raised with me directly in that noble Lords had told me that they intended to table amendments on those issues. Therefore, having got a picture of what noble Lords were interested in and concerned about, I wrote in the hope that, by giving some advance notice, I would enable your Lordships to prepare your points for debate with an eye to what I was planning.

Returning to the points made this afternoon, noble Lords will be aware that this amendment is the same amendment that the noble Lord tabled in Committee. As I outlined then, while we have much sympathy with the concerns that underlie it, to which the noble Lord, Lord Brooke, has just referred, the Government cannot accept it; first, on the basis that it is technically problematic; and, secondly, because it will pre-empt a public consultation on the future devolution of the Civil Service Commissioners.

It is worth emphasising again that Clause 10 is concerned only with the appointment of the Civil Service Commissioners and not the wider Civil Service. There have been a number of references today, as there were in the previous debate in Committee, to the issue of the Civil Service as a whole. That is, however, a devolved issue, and therefore it is important that we bear in mind that we are talking only about the appointment of the Civil Service Commissioners.

Clause 10 does not change the current procedure for the appointment of Civil Service Commissioners for Northern Ireland. Appointments are currently an excepted matter, and the Bill proposes to make them a reserved matter, as is currently the case with the commissioners’ functions and procedures. But the Bill opens the possibility of responsibility for the appointment of the commissioners and their functions and procedures to be devolved at a later stage.

I recognise that noble Lords have concerns that the principle of appointments to the Northern Ireland Civil Service should be made on merit and through open and fair competition, and that this should be protected, as is the case with the Home Civil Service here. In Committee I made it clear that the Government are certainly open to the possibility of new statutory safeguards being put in place in the context of devolution. But as I indicated previously, attempting to write them in now would pre-empt a consultation on the future devolution of the commissioners, not least in Northern Ireland itself.

In any event, we do not have the time to put in place provision on the complex issues involved during the remaining stages of this Bill. Some of these matters, as I have said, are anyway a devolved responsibility on which we should not legislate without the consent of the Northern Ireland Assembly. It is unnecessary to make such provision at present because the House, along with another place, would have the final say over whether devolution should take place when an order to that effect was proposed.

On the point made by the noble Lord, Lord Butler, about the opportunities for the House to vote on a statutory instrument prior to devolution and that it would be a yes or no vote, the process for this is that the Secretary of State would bring an Order in Council to the House and the House can decide whether there are sufficient safeguards in place. If there are not, presumably the House would vote against that order.