Northern Ireland (Miscellaneous Provisions) Bill

Debate between Lord Brooke of Sutton Mandeville and Baroness Smith of Basildon

Tuesday 25th February 2014 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I suspect that the noble Baroness has a sense from the tone of this debate, as in Committee, of how strongly your Lordships’ House feels on this issue. The noble Lord, Lord Alderdice, made the point that we have devolution, not disengagement, and there is a responsibility here for your Lordships’ House.

The noble Lords, Lord Alderdice and Lord Bew, made the point about the differences—not just cultural but practical—between the Northern Ireland Civil Service and the Westminster Civil Service. As a Northern Ireland Minister, I was struck by the far higher profile that senior civil servants have in Northern Ireland than they do here in GB. This is partly because, particularly when the Assembly has been suspended or there have been different governance arrangements, it has often been a civil servant who has undertaken the role that Ministers have here in defending or promoting policies and engaging with the public. So the difference is cultural and practical.

The timing of the Minister’s letter on this issue to noble Lords, dated yesterday and which I received today, is rather unfortunate. I appreciate that we have just had a recess, but it would have been helpful to have had the letter earlier; it may well have informed more of the debate today and the amendment that is being put forward.

There are a couple of points in the Minister’s letter on which I would like some clarification. I think that there is some confusion about what has been devolved and what is excepted. In her letter, she mentioned the debate in Committee and said that,

“many of the points made in debate related to the impartiality of the Northern Ireland Civil Service as a whole, which is of course a transferred matter”.

But the reason why there was a debate around impartiality was that we were discussing the role of the Northern Ireland Civil Service Commission, which is not an excepted matter. It was the role of the commission that brought about that debate. I think that people fully understand that the Northern Ireland Civil Service is devolved, but it is the role of the commission and its responsibility in ensuring the independence and impartiality of the Civil Service.

The point of the amendment and the whole tone of the debate is that, when the Northern Ireland Civil Service Commission is transferred, it is with the statutory understanding that it retains its remit for ensuring impartiality in appointments to the Northern Ireland Civil Service. I do not think that there was any misunderstanding in the debate in your Lordships’ House about what was transferred or excepted, but the reassurance was required, which was not really explicit enough in the Committee debate, that before being a devolved organisation there would be statutory protection on its remit for impartiality.

The Minister said in her letter that there would be further parliamentary scrutiny in both Houses, but the point made by the noble Lord, Lord Butler, is relevant here—it would be secondary legislation. But she also says that she intends to bring forward an amendment at Third Reading. I think that it is a great shame that we do not have the amendment before us today, because it would have been helpful to your Lordships’ House to be able to discuss it today. What we will seek from her today is to understand exactly what that amendment would say. If the earliest time we see that amendment is at Third Reading, it is rather late in the day, and I am disappointed that we do not have that government amendment before us today. If she could clarify exactly what it will say and what the process of debate and vote will be, that would be extremely helpful to your Lordships’ House and might allay some concerns. I hope that she is able do that—but, to put it on record again, it would have been helpful to have that amendment today.

[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.

Anti-social Behaviour, Crime and Policing Bill

Debate between Lord Brooke of Sutton Mandeville and Baroness Smith of Basildon

Monday 25th November 2013 Lords Chamber

[Baroness Smith of Basildon]

My Lords, I have two brief questions for the Minister on interpretation. One is an issue that I raised with him previously. He will know that the naturists have written to a number of noble Lords about their concern that the definition of “public place” in the Bill is drawn very widely and that it will unnecessarily restrain—perhaps “contain” would be a better word—their activities. It would be helpful to have an explanation of that. I raised it previously but did not get an answer. However, if there is an answer for them on that, that would be helpful.

Unitary authorities are not referred to under the interpretation of “local authority”. Do I take it that a county council, when there is no district council, includes a unitary authority, even though the unitary may not be the county council? I can see no other way in which a unitary authority would be referred to in the legislation.

[Lord Brooke of Sutton Mandeville]

Perhaps I may make a very brief intervention. Clause 67(2) seems to contain a drafting mistake because the subsection opens with the words “This section”, but it is in fact a reference to paragraph (b) immediately before it in subsection (1), referring to “public place”. I am not seeking to press this in any way but some attention might be drawn to it between now and Report to make sure that, if I am right, it is corrected.