Northern Ireland

Lord Browne of Belmont Excerpts

Tuesday 27th February 2024 Lords Chamber

[Lord Browne of Belmont (DUP)]

My Lords, I welcome the opportunity to debate the Motion on the humble Address before us this evening. I am pleased to support the amendment in the name of the noble Baroness, Lady Hoey. The economic and cultural ties that bond the various parts of this nation are unmatched. Developing strong links across these isles and our open UK markets have brought huge benefits to England, Scotland, Wales and Northern Ireland for decades.

Unionism in its simplest form is a desire to remain part of the United Kingdom family. Inside this union, everything we have built together is the source of three centuries of mutual co-operation, work and prosperity. We share not only a currency union, a language and common standards; we are socially integrated too. Our strongest cultural bonds, interests, histories and values are the ones we share right across the United Kingdom. A strong United Kingdom, growing together, is in all our interests—now and long into the future. We have a duty to continue working to protect and strengthen the bonds in the United Kingdom.

I contend that there has never been a more important moment to discuss strengthening these bonds than now. For long-term peace, prosperity and growth to continue, all parts of the United Kingdom must play a full and equal part in its future development. That future development needs to include Northern Ireland. We must continue to work together across all corners of our United Kingdom to strengthen these bonds.

Since the outset of the United Kingdom Government’s negotiations with the European Union, my noble friends and I warned that the European Union had the potential to inflict significant economic damage on one part of the United Kingdom and thus on our sovereignty. Fundamentally, the root cause of the problems with the Northern Ireland protocol and Windsor Framework arrangements is the continued application of EU law in Northern Ireland—in particular, its covering all manufacturing of goods in Northern Ireland, regardless of whether they are being sold in the United Kingdom or to the European Union.

The protocol/Windsor Framework arrangements have been deeply regrettable. There are numerous examples of sea border checks disrupting businesses, and we have seen the damage done as a result of economic barriers being erected between Great Britain and Northern Ireland. Businesses have regularly faced, and many continue to face, obstacles. The volume of trade movements across the Irish Sea has been falling since the imposition of the Irish Sea border. It has been clear for some time that haulage companies based in Northern Ireland whose business model is predicated on being part of the United Kingdom economy face real hurdles in terms of cost implications and bureaucracy.

The numerous trading difficulties resulting from the protocol have highlighted the need for further steps to be taken. It is regrettable that a Motion such as today’s is even necessary. The Northern Ireland protocol and the Windsor Framework certainly did not respect the foundational importance of the Acts of Union. Of course, I welcome the recent efforts to find a solution to the issues surrounding the Northern Ireland protocol. There has undoubtedly been some little progress made. I welcome InterTrade UK and provisions aimed at easing trade friction, including the monitoring committee, the east-west council and the new provisions relating to rest-of-world products. However, much work lies ahead, and these issues have been far from adequately addressed.

I recognise that some decisions have been made that will smooth the operation of trade which impacts businesses in Northern Ireland. There will, I understand, also be a reduction in some checks, and this too is to be welcomed. However, it is also very clear that an economic border remains in place and that ultimately, the European Union has the final say in many significant areas. Paperwork will continue to be required for customs purposes, and already we see border posts being built in Northern Ireland ports. Northern Ireland will continue in many ways to be treated as an EU territory. Many questions remain and we will continue to engage with the Government on all of these. Indeed, under Article 12 of the Northern Ireland protocol, which remains unchanged, the EU can direct UK authorities at ports.

It is clear that we have not yet arrived at a point where friction is completely gone and there are zero checks and zero paperwork for goods moving between Great Britain and Northern Ireland. Northern Ireland continues to adhere to the EU customs code, and 1.9 million UK citizens remain disfranchised. Northern Ireland Ministers and Assembly Members in Northern Ireland will be expected by law to adhere to and implement laws being made in Brussels and Strasbourg—not here, not in the other place, and not in the devolved Assembly at Stormont. Friction and barriers therefore remain between parts of the United Kingdom. These barriers are not solely economic. They are constitutionally significant, because laws and diktats identical to those imposed on Northern Ireland govern trade in the Irish Republic. Northern Ireland therefore remains in dynamic alignment in many areas not with the rest of the United Kingdom but with the EU and therefore with the Republic of Ireland.

My party is a devolutionist party. We want to see governance in Northern Ireland which works and which operates on the basis of consensus. There was no consent within unionism for the Northern Ireland protocol or for barriers being implemented between parts of the United Kingdom. Problems that still exist with the protocol/Windsor Framework mean that the rights of the people of Northern Ireland have not yet been fully restored. If Northern Ireland citizens and businesses are to be treated as equal to our fellow Britons elsewhere in the United Kingdom, the constitutional integrity of the UK internal market must be fully restored. To arrive there, we must respect and fully restore the Acts of Union for Northern Ireland, and fully, not partially, remove the Irish Sea border. Attaining the changes needed will require further legislation, further efforts and co-operation. I hope and trust that the Government will provide an update on the timetable for this work. I also ask the Minister for an update on a timetable for Northern Ireland setting its own VAT rules.

For those of us who value our place in the United Kingdom, safeguarding and protecting Northern Ireland’s long-term place inside the UK internal market and inside the union is the most important responsibility we have. Northern Ireland remains governed by a swathe of EU laws we cannot legally change. Further EU regulations will still cause Northern Ireland to diverge from the rest of the United Kingdom in a number of areas. We must continue to work to address these outstanding issues.

The rights of the people of Northern Ireland under the Acts of Union have not been fully restored. While I welcome some government promises and future legislation, I feel there is some way to go before we can say that these issues have been adequately addressed. We are committed to continuing to raise these issues and to working with other noble Lords, the Minister and the Government to resolve the issues. The work must be about delivering on the commitments given to fully protect Northern Ireland’s place within United Kingdom. I desire to see a thriving Northern Ireland where all communities are at peace with one another and enjoy the benefits of being an important part of this United Kingdom.

Windsor Framework (Constitutional Status of Northern Ireland) Regulations 2024

Lord Browne of Belmont Excerpts

Tuesday 13th February 2024 Lords Chamber

As is often the case, good work has been done; there have been gains, but, as we say in my part of the world, eaten bread is soon forgotten. We need to be constantly vigilant against those who seek to harm the United Kingdom for their own narrow ends, and therefore I look forward to those bodies being set up. I hope that the Minister will be able to give us some clarity in relation to that.

[Lord Browne of Belmont (DUP)]

My Lords, the two statutory instruments before us tonight are supposedly designed to protect the union and to promote the free movement of goods. I contend that both these regulations fall well short of meeting their objectives. It is clear that the Northern Ireland protocol remains largely intact. The Irish Sea border remains largely in place and, ultimately, the European Union has the final say in many significant areas in Northern Ireland. Indeed, Ministers and Assembly Members in Northern Ireland will be expected by law to adhere to, and implement, new laws that are made in Brussels, not in Belfast, and not here in London.

As I have said consistently in your Lordships’ House, the Windsor Framework does not make substantive legal changes to the Northern Ireland protocol and the supremacy of European law on many aspects of Northern Ireland. Very little in these new arrangements would contradict that view. Indeed, this deal and the framework that underpins it, make only a few limited changes. The Windsor Framework and the withdrawal agreement itself do not permit any changes to essential elements. It would be wrong to suggest that recent changes amount to substantive legal changes.

Fundamentally, the root cause of the problem with the Northern Ireland protocol and with these arrangements is the continued application of EU law in Northern Ireland—particularly in the circumstances in which it covers all manufacturing of goods in Northern Ireland, regardless of whether those goods are being sold in the United Kingdom or to the European Union. The vast majority—84%—of all goods manufactured in Northern Ireland are sold here in the United Kingdom.

The complex easings referred to in the Windsor Framework are limited in number. They will not directly help small or medium-sized traders and are not available to all businesses. The schemes will remain incredibly complex and, crucially, the EU retains a right unilaterally to withdraw its trusted trader system underpinning any new arrangements.

We arrive at a point where the Irish Sea border remains in place, according to the former Northern Ireland Attorney-General John Larkin KC. Paperwork will still be required for customs purposes and, as we can see back in Northern Ireland, customs or border posts are currently being constructed.

Northern Ireland will continue to be treated as an EU territory in many ways. Under Article 12 of the Northern Ireland protocol, which remains unchanged, the EU can direct UK authorities at ports. It is clear that we have not yet arrived at a point where friction has gone and there are zero checks and paperwork for goods from Great Britain destined for Northern Ireland. However, we must continue to work towards achieving this. While I welcome that some progress has been made here, there is still a long way to go.

To date, we have not seen evidence that the thousands of pages of EU law have been disapplied. Northern Ireland will continue to remain subject to the power and control of EU law, the European court and the European Commission on EU single market laws, which govern the manufacture and sale of goods in Northern Ireland. In some 300 areas, EU jurisdiction applies in Northern Ireland. It is a fact that Northern Ireland producers and consumers will still be subject to foreign laws, even when they do not trade with the EU at all.

To date, there is no evidence that points to a single EU single market law being removed from Northern Ireland.

[Lord Bew (CB)]

I just wish to ask the noble Lord, Lord Browne, why, if EU law is so important, it is not mentioned in the seven tests that went before the electorate in Northern Ireland last year as the DUP’s position. I understand the sentiment behind what he says about EU law, but why was it not mentioned in the seven tests? Which of the seven tests does he think has not been met?

[Lord Browne of Belmont (DUP)]

I assert to the noble Lord, Lord Bew, that this is referred to in our first objective:

“The Irish Sea border must go”.


This Government pledged to protect and strengthen the UK internal market as part of New Decade, New Approach. We said that this will involve the European Union.

Regrettably, the Stormont brake, if successfully applied, would apply only to future changes to EU law. It provides no right to change any part of the existing EU laws imposed on Northern Ireland under the protocol. The brake allows for an objection to be raised to a new or amended EU law but, ultimately, the final say on its application would not be a matter for the Assembly, Executive or even this sovereign Parliament. The final decision would rest with an international body that can decide whether a new EU law applies.

The brake is also of limited application in theory and is likely to be unworkable in practice, as such a high bar is set. As I have said previously in your Lordships’ House, I cannot envisage a scenario in which a future British Government would seek to apply a brake if it meant a retaliatory action from the EU. Northern Ireland remains governed by many EU laws that we did not make and cannot legally change. There remains no consent for arrangements that will see further EU regulations causing Northern Ireland to diverge from the rest of the United Kingdom.

The rights of the people of Northern Ireland under the Act of Union 1800 have not been fully restored. While I welcome some government promises—indeed, I welcome any future legislation that will bring us closer together as a nation—there is some way to go before we can say that these issues have been adequately addressed. These arrangements, much like the heralded launch of the Windsor Framework last year, have ultimately failed a key test: to legally restore the constitutional integrity of the United Kingdom.

Northern Ireland Budget (No. 2) Bill

Lord Browne of Belmont Excerpts

2nd reading & Committee negatived & 3rd reading
Thursday 14th September 2023 Lords Chamber

[Lord Browne of Belmont (DUP)]

My Lords, I thank the Minister for his detailed explanation of the budget. However, it is a matter of regret that once again we have been tasked with considering a budget for the people of Northern Ireland. As with the previous budget discussed in your Lordships’ House, one would have much preferred the budget to be discussed in its rightful place: the Northern Ireland Assembly. Decisions about spending priorities for Northern Ireland should be made at Stormont, not here or in the other place. But, unfortunately, this is not possible right now.

We know why this is the case. We find ourselves in this all too familiar situation because Northern Ireland remains a place apart. Within the context of the United Kingdom, rules are being imposed exclusively on Northern Ireland over which we have no say. As things stand, there is no accountability or scrutiny over those laws. Unfortunately, these barriers remain an impediment to the restoration of the Assembly.

In terms of the Budget, the cost of living is affecting every person across the United Kingdom, and in Northern Ireland in particular this pain is being felt. Unless there is a fundamental change in how Northern Ireland is funded, the situation will only get worse. With or without a Northern Ireland Executive, and with or without the Northern Ireland protocol or Windsor Framework, the reality of the Barnett formula will continue to lead to budgetary uncertainties and continued year on year pressures in Northern Ireland.

It is abundantly clear that spending in Northern Ireland is already clearly below need. Northern Ireland is the only part of the United Kingdom where spending has now fallen below the Government’s definition of need. The problem has been exacerbated by the fact that the Northern Ireland Office requires the Executive to repay a £279 million overspend for 2022-2023—which, interestingly, is a similar amount to the additional sum of £322 million that the Executive should have received in 2022-2023 had it been funded to the UK Government’s level of need. The decision not to base the budget for Northern Ireland on need is causing many of the issues we see today, and pressure will continue to grow on public services.

The overall budget for Northern Ireland this year has fallen by 3.2%, whereas the budget in the rest of the United Kingdom went up by 1.7% in real terms. As I have stated, one of the major reasons for this glaring disparity is the simple fact that the formula used for the rest of the United Kingdom—one based on need—has not been applied to Northern Ireland. Like budgets before it, this budget will leave the Northern Ireland education system, for example, facing a future funding crisis that will impact many children and young people. Spending on education has gone up by 6% in the rest of the United Kingdom, but it has fallen considerably again in Northern Ireland. According to analysis from the Institute for Fiscal Studies in the United Kingdom, spending per pupil has fallen consistently in Northern Ireland every year since 2010. In 2022, spending per pupil was estimated to be £6,400 in Northern Ireland, and that again is much less than elsewhere in the United Kingdom. With the recent additional pressures on an already stretched education system, schools in Northern Ireland cannot cope with further underinvestment.

Turning to policing, the Police Service in Northern Ireland was facing an incredibly serious situation long before recent events. The PSNI was already operating with roughly 1,000 officers below the levels stated in the New Decade, New Approach arrangements. With the consequences of the recent serious data breach and the knock-on impact on police officers and their families, and the mitigation measures that have had to be taken to protect officers, an already stretched policing budget will be stretched yet further. With morale low, the police service is in the middle of a very difficult period. The most recent cuts to the Northern Ireland Department of Justice do little to help the current mood among officers and staff. Can the Minister say whether additional funds can be made available to assist in relation to policing?

There are many areas where this budget underwhelms and underdelivers. I am sure that my noble friends who follow me will be able to give the finer details of the budget. The budget situation in Northern Ireland is very complex and uncertain. Indeed, it requires political leadership and co-operation to find a sustainable solution, particularly around the protocol and the Windsor Framework. I think we all want to see Northern Ireland prospering with a growing economy, attracting inward investment. I want to be able to stand in your Lordships’ House and, once again, laud an uninterrupted period of stable devolved governance. I think we all want to see institutions back up and running, and Northern Ireland in a position to set its own budget.

Relationships and Sexuality Education (Northern Ireland) (Amendment) Regulations 2023

Lord Browne of Belmont Excerpts

Wednesday 28th June 2023 Grand Committee

[Lord Moylan (Con)]

My Lords, I am one of those people who has no connection to Northern Ireland—ones who think that they probably know better than those who live there what should be going on—who was rightly criticised earlier, so I speak with great hesitation, but having no connection to Northern Ireland allows a certain amount of detachment.

I have to say that this Government are turning out to be probably the most proconsular Government that Northern Ireland has had for decades. Even under direct rule, there was a higher level of consultation about legislation with people who actually live there than we are seeing today. We have had legislation to implement the Northern Ireland protocol and the Windsor Framework imposed on Northern Ireland without any consultation. One might say that that legislation was controversial between the communities, and having an independent arbitrator impose that legislation was a sort of necessity, however much damage it did to the fabric of the United Kingdom. We have moved on from that more recently to, for example, the Northern Ireland Troubles (Legacy and Reconciliation) Bill and the legislation imposing access to abortion services in Northern Ireland. Today, we have legislation about abortion education in schools.

In respect of the last three, one could be forgiven for thinking that the Government believe that, if they treat Northern Ireland with sufficient insensitivity and disdain, and with no discrimination between the communities, they will so unite the communities of Northern Ireland that all the political problems of the past will be put aside and resolved. That might at least be thought of as a cunning plan, but I suspect that the truth is much worse. We are seeing a loss of contact between what might be called the ruling class in Northern Ireland and the people it governs, including the elected representatives. That is not a right or sustainable position to maintain.

I rose specifically to draw attention to the powerful statement issued by the Irish Catholic bishops, who of course own and manage a large number of the schools. I was, to some extent, anticipated in that by the noble Baroness, Lady Ritchie of Downpatrick. Without repeating her, I will draw attention to a separate part of their statement. It is not simply that they oppose this legislation and what it would require them to do, but they disagree with the fundamental basis on which it arises, which they refer to as

“the recent so-called investigation of the Northern Ireland Human Rights Commission into RSE in schools”.

They have serious concern about the accuracy and fairness of that report. I quote briefly from the statement:

“Neither party took the trouble to engage with teachers in the classroom … At best, a limited paper-based exercise was undertaken which failed to recognise that in the reality of classroom teaching, teachers and schools are endeavouring to provide professional, ethically balanced, scientifically honest, and pastorally responsible age-appropriate Relationships and Sexuality formation in our schools”.


It is not simply that they disagree with it; they disagree with the basis on which it sits, which adds a further ground for objection and resentment. I suggest that Ministers should closely acquaint themselves with this statement, because it is extremely powerful and really quite excoriating.

There is a practical consideration. In no sense am I able or wishing to speak on behalf of Irish bishops and those who manage Catholic schools in Northern Ireland but, in practical terms, how do the Government think that they can require people with strong views on this topic to teach something that they believe is morally wrong and objectionable? How do they think that they can do this in practice? The most careful consultation would need to take place in order for this to be a practical measure, but that has not taken place and there is no indication that the Government are going to do it. No doubt there will be consultation, but the principle of what is required, as in the CEDAW statement, leaves little wiggle room.

Ministers should take this carefully into account. It is not simply a matter of making a law then seeing it happen. The people with whom the Government are dealing are not civil servants who will do what they are told simply because that is their role. These people have, in their view, ethical responsibilities not only to teachers but to parents. The Government cannot expect them to abandon those responsibilities simply because we have sat here and allowed a statutory instrument—a mere piece of paper that has very little weight in the minds of people with religious faith compared with their ethical beliefs—to go through. I would like to hear what the Minister has to say about that.

[Lord Browne of Belmont (DUP)]

My Lords, like my noble friends from Northern Ireland, I rise to oppose these regulations. The noble Lords who have spoken before me have covered all the main points in both detail and structure so I will limit myself to speaking about the rights of parental withdrawal outlined in the regulations.

First, I declare my interest: many years ago, I was a teacher in an unusual school. Its intake was roughly 50% Catholic and 50% Protestant. Its ethos was to deliver a good education to all in the area. It did not have integrated status but it worked very well. In those days, there was no obligation to deliver lessons on sexual education or RSE but, of course, times have changed. It is right that young people learn about the importance of sexual maturity. However, as I said, I will limit myself to the rights of parental withdrawal.

There are two issues. The first relates to definition; the latter relates to questions of due process and constitutionality. The rights of parental withdrawal are set out in proposed new Article 10A(5), which states:

“The Department must by regulations make provision about the circumstances in which, at the request of a parent, a pupil may be excused from receiving the education required to be provided by virtue of Article 5(1A), or specified elements of that education”.


At first glance, this reads as suggesting that the regulations must grant a parental right of withdrawal. In truth, however, because the terms are not defined in the legislation, the regulations could set out the circumstances for withdrawal very narrowly. Surely this generates uncertainty; rather extraordinarily, it is an uncertainty that the Northern Ireland Office saw fit to advertise. Indeed, in the Explanatory Memorandum, the Northern Ireland Office states:

“Timing for the Department to make regulations about the circumstances in which a pupil may be excused from receiving education on the updated curriculum is a matter for the Department. There is no guarantee this will be in place by January 2024, the point at which the Department is under a duty to issue guidance to schools on the content and delivery of the updated curriculum. This may attract criticism from faith-based schools, and some teachers and parents. However, it is our assessment that education should be delivered in a way that informs children of contraception, the legal right to an abortion in Northern Ireland and how relevant services may be accessed, without advocating a particular view on the moral and ethical considerations”.

Justice and Security (Northern Ireland) Act 2007 (Extension of Duration of Non-jury Trial Provisions) Order 2023

Lord Browne of Belmont Excerpts

Monday 5th June 2023 Grand Committee

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I thank the Minister for his presentation of the SI. I declare an interest as a member of your Lordships’ Secondary Legislation Scrutiny Committee.

Some 29 years after the ceasefires and 25 years since the Good Friday agreement, it is worrying that there is still a need for an extension of such a power. Although I am not personally opposed to this legislation, I feel that non-jury trials should be an exception rather than the rule. I think the Minister characterised it in that light in his presentation, but I want to know how many such trials took place last year. We have the figure for 2021 in the Explanatory Memorandum but not for 2022.

The Minister gave us the indicators. We probably could have guesstimated those anyway.

We know that the threat level was increased on 28 March this year to “severe”, due to the increased level of dissident republican activity. As the Minister referred to, we had the threatened murder of DCI Caldwell. I am glad to see that he is making a recovery, having been released from hospital and having had some time at home. In fact, he was able to attend the garden party last week at Hillsborough, which showed an improvement in his physical health. I hope he makes enormous strides in that respect.

Only a few days ago, we witnessed on our TV screens and social media an alleged taxi driver taking a gun to a client. He was sacked from his job, although I understand he was not necessarily acting for that firm at the time. Notwithstanding that, he was apparently acting as a drug enforcer for one of the paramilitary organisations in Northern Ireland.

Some 29 years since the ceasefires, the public in Northern Ireland want an end to such paramilitary and criminal activity; they have had enough of it. They do not want to be brought to heel by such paramilitary organisations and criminal gangs; they want to see an end to it. If this debate does anything, it will tell those people, “Get off the backs of the people of Northern Ireland”. We are sick, sore and tired of it, and we want to live in peace and harmony. We want to see the restoration of our political institutions, which, I hope, will be able to help foster economic opportunity for us all.

Related to this is the legacy Bill, which the Minister is also involved in. I know that on the Bill’s last day in Committee he referred to game-changing government amendments. When will they be published? I hope that he is not as surprised as the expression on his face suggests. I want to know when they will be available and what they will cover. Will they enable access to inquests and inquiries? Will they be compatible with the ECHR?

In conclusion, although I do not have a strong aversion to this SI and I generally support it, I hope that it will be the exception to the rule. There could very well be a further extension, depending on terrorist and paramilitary activity in 2025, but I hope that we are looking to bright, fresher new days where terrorism will definitely be a thing of the past and we will not need this type of legislation.

[Lord Browne of Belmont (DUP)]

My Lords, I support these non-jury provisions. I am sure that we all want a jury-based justice system. The diversity of a jury is one of its strengths and it has been proved that juries are fair, effective and efficient. However, as we have heard, unfortunately there exists a severe threat from terrorism in Northern Ireland. It is to be regretted that there is still present in Northern Ireland society a small number of people who are actively involved in terrorism. They do not hesitate to intimidate jury members, witnesses and families involved in their cases. Therefore, the extension of the duration of non-jury trial provision is needed.

Of course, as we have heard, it is hoped that the suspension of jury trials will be a temporary measure and that the time will come when non-jury trials will not be necessary, but this can be achieved only when it is safe to do so. As we have heard, it is important to note that the vast majority of Crown Court cases in Northern Ireland are held with a jury. During 2021, only eight non-jury trials took place, which means that 0.6% of all Crown Court cases in Northern Ireland were conducted without a jury.

There are many safeguards in this before we can have a non-jury system. For example, the Director of Public Prosecutions for Northern Ireland can only consider issuing a certificate for a non-jury trial. The judge also must give reasonable reasons for convictions. Indeed, from the defendant’s point of view, any person convicted before a non-jury court has a right of appeal against sentence or conviction without leave. There are built-in safeguards before these trials can take place.

Flags (Northern Ireland) (Amendment) Regulations 2023

Lord Browne of Belmont Excerpts

Wednesday 26th April 2023 Grand Committee

[Lord Rogan (UUP)]

My Lords, the flying of the union flag in Northern Ireland can sometimes be a contentious issue, but it should not be so. This month has seen a series of high-profile events in the Province to mark the 25th anniversary of the signing of the Belfast agreement. Friday 10 April 1998 is a day I remember well and with a certain degree of pride. As my late noble friend Lord Trimble said in his lecture when accepting the Nobel Peace Prize in Oslo in 1998, the Belfast/Good Friday agreement

“showed that the people of Northern Ireland are no petty people. They did good work that day”.

Indeed they did, but as current and former Presidents and Prime Ministers have rightly insisted in different lectures over the past few weeks, the Belfast agreement was about mutual respect. It was also about not being petty. As such, I see no reason why anyone should object to the flying of the union flag in Northern Ireland, which the Belfast agreement enshrined as an integral part of the United Kingdom.

As we know, the regulations before us are being brought forward following the passing of Her late Majesty Queen Elizabeth II. She was a great friend and servant to Northern Ireland. The 19 year-old Princess Elizabeth first visited the Province of Ulster in 1945 as part of the victory tour after the Second World War. She was accompanied by her father, King George VI, and her mother, Queen Elizabeth. Two further visits followed before she ascended the Throne.

In all, she made 22 visits to Northern Ireland as our monarch. Her final trip, in June 2016, included a visit to Bushmills, where she unveiled a statue of local man Robert Quigg, who had received the Victoria Cross for gallantry in the face of the enemy in the Battle of the Somme. The royal visit and the unveiling of that monument was a proud day for a fiercely proud and loyal village in Portrush. After civilian service in the Army, Robert returned to Bushmills and was presented to Queen Elizabeth II when she visited Coleraine on her Coronation tour in 1953. That fact feels particularly poignant, given the reason we are debating these regulations today.

Looking at the detail of the regulations, it is understandable why the dates relating specifically to the life of Her late Majesty are being substituted for those relating to His Majesty King Charles III. However, surely it would have been appropriate to keep at least one of these dates in the calendar for the union flag to be flown in Northern Ireland in her glorious memory—either the date of Her late Majesty’s accession or her birthday seem most appropriate.

Noble Lords will have noticed that, while six dates are being removed from the regulations, they are being replaced by only five. I ask the Minister: would it not have made more sense for Monday 8 May, which will be a bank holiday in celebration of His Majesty’s Coronation, to also have been included? I see no logical argument against it and respectfully invite the Minister to try to prove me wrong.

While I have his attention, I also ask him for an assurance that these regulations will apply to Erskine House, with the union flag flying proudly above it on designated days as an absolute minimum. It defies comprehension that the headquarters of His Majesty’s Government in Northern Ireland does not currently fly the national flag. I hope that the Minister will confirm that it will now fly.

I am privileged to have been invited to attend the Coronation of His Majesty King Charles III next week. I am very much looking forward to it. I also look forward to the union flag flying from government buildings in Northern Ireland, including Erskine House, on 6 May, His Majesty’s Coronation Day, for many years to come. Long may he reign.

[Lord Browne of Belmont (DUP)]

My Lords, there is nothing in these regulations that one could disagree with, so I am pleased to support them. As the noble Lord, Lord Rogan, said, the flying of flags and displaying of emblems in Northern Ireland can be, and is, an extremely contentious issue among Northern Ireland’s unfortunately divided community. In the past, we have seen it lead to civil disturbance; I hope those days have long passed. To reiterate what my friend, the noble Lord, Lord Rogan, said, in Northern Ireland government buildings are legally restricted to flying these flags on designated days, unlike the rest of the United Kingdom which has the option to fly the flag every day.

I too have a question for the Minister, who I know will be able to answer it well because he has had considerable experience in the Northern Ireland Office. It is over a year since the Northern Ireland Office relocated to its very fine building, Erskine House, in the centre of Belfast, which is eight storeys high. It is my understanding that Erskine House is not bound by these regulations. Can the Minister say whether the department has made any decision on whether to fly the flag every day, on the designated days, or not at all?

On the visit of the President of the United States to Belfast, which people welcomed, many have commented that his official state car did not display the union flag, which I understand is the normal protocol when a head of state visits. Perhaps the Minister can update me on what the protocol is.

Finally, for the celebrations of the Coronation, I am sure that those who wish to display the union flag will fly it with dignity and respect.

[Baroness Suttie (LD)]

My Lords, it has been an interesting short debate. I too shall be brief because, clearly, the Liberal Democrats also support the regulations that we are debating today.

As other noble Lords have said, the debate is perhaps an opportunity to remember the late Queen Elizabeth II and all that she did to strengthen the United Kingdom and our relations with Ireland during that extremely historic visit.

I hope the Minister may recall that when we last debated designated flag days last September, I asked him whether further consideration had been given to adding to the number of days through commemorating the Battle of the Somme. Several noble Lords, including the noble Lord, Lord Hannan, gave their support to the idea. Have the Government reached a view on adding that battle to the designated flag days?

While I support the regulations, I think it vital that we repeat the importance of respecting how people feel about the flag and its symbolism. I also support what the noble Lord, Lord Murphy, said about hoping that the Northern Ireland Assembly returns as soon as possible.

I sincerely hope that the Coronation goes smoothly and enjoyably, and that the festivities go well in Northern Ireland as well as elsewhere in the United Kingdom and the wider world.

Windsor Framework (Democratic Scrutiny) Regulations 2023

Lord Browne of Belmont Excerpts

Wednesday 29th March 2023 Lords Chamber

[Lord Browne of Belmont (DUP)]

My Lords, I support my noble friend Lord Morrow’s amendment to the Motion. He has forensically analysed the Windsor Framework and the protocol, leaving one in no doubt that the documents are seriously, if not fatally, flawed. Although limited progress has been made, regrettably it is clear that many fundamental problems remain. As things stand, the Windsor Framework does not make substantive legal changes to the Northern Ireland protocol and the supremacy of EU law over many aspects of life in Northern Ireland.

This deal and the framework make only a few limited changes to the Northern Ireland protocol. The Windsor Framework and the withdrawal agreement itself do not permit any changes to “essential elements”. Claims have been made in the other place and in the media that these changes amount to substantive legal changes and it has been suggested that this is a brand-new structure. This is simply not correct.

Fundamentally, the root cause of the problems with the Northern Ireland protocol and these arrangements is the continued application of EU law in Northern Ireland, in particular that it covers all manufacturing of goods in Northern Ireland regardless of whether they are sold in the United Kingdom or to the European Union. The vast majority of all goods manufactured in Northern Ireland—£65 billion out of the £77 billion of goods manufactured—is sold here in the United Kingdom.

The complex easings referred to in the Windsor Framework are limited in number. They will not directly help small or medium-sized traders and in no way do they resemble a “green lane” in which it is claimed— I stress that word—that burdensome checks would no longer be required. These very limited easings are not available to all businesses. The schemes will remain incredibly complex and, crucially, the EU would retain the right unilaterally to withdraw its trusted trader system underpinning the so-called green lanes. To date, very little progress has been made and there remains a long way to travel.

No evidence has been supplied that the 1,700 pages of EU law have been disapplied. As we have heard from my noble friend Lord Morrow, Northern Ireland will continue to remain subject to the power and control of EU law, the ECJ and the European Commission on EU single-market laws governing the manufacturing and sale of goods in Northern Ireland. No evidence points to one EU single-market law being removed from Northern Ireland. Can the Minister publish a list of the laws that have been removed?

The Stormont brake is not a brake in any true sense of the word. It applies only to future changes to EU law and provides no right to change any part of the existing EU laws imposed on Northern Ireland manufacturers under the Northern Ireland protocol. It is of very limited application in theory and is likely to be unworkable in practice. I cannot envisage a scenario where a British Government would seek to apply it if it meant retaliatory action from the EU.

Governance in Northern Ireland must operate on the basis of cross-community consensus. As has remained the case throughout this process, there remains no consent within unionism for additional tariffs and barriers being implemented between Northern Ireland and the rest of the United Kingdom. There remains no consent for any arrangements that will see further EU regulations cause Northern Ireland to diverge from Great Britain on a range of issues. Continued divergence and regulatory differences will continue to create new hurdles and new sets of everyday problems for producers and manufacturers in Northern Ireland.

In the text of the Windsor Framework, the rights of the people of Northern Ireland under the Act of Union 1800 have not been restored. The Windsor Framework has therefore failed a key test: to legally restore the constitutional integrity of the United Kingdom. Unlike the rest of Great Britain, Northern Ireland will remain subject to the power and control of EU law. The people of Northern Ireland will have no ability to vote to change or remove the body of EU laws that applies to them under the Northern Ireland protocol, whereas in Great Britain, and in this Parliament, decision-makers will have the ability and the power to change or remove retained EU laws. If Northern Ireland citizens and businesses are to be treated as equal to our fellow Britons elsewhere in the United Kingdom, the integrity of the UK internal market must be restored.

It is quite clear that the Windsor Framework document does not provide the answer to solve this. Regrettably, we are a long way from this being acceptable to a large proportion of the population of Northern Ireland. Indeed, unless the necessary legal changes are made, and the integrity of the UK and its single market is restored, this will remain unacceptable to the vast majority of those who label themselves as unionists.

Like my noble friend Lord Morrow, I want to see Stormont restored. However, the institutions at Stormont cannot work without the restoration of the delicate political balance negotiated over many years. This will not be achieved by arrangements that do not respect Northern Ireland’s place within the internal market of the United Kingdom. I am sure noble Lords will agree that the best outcome is for Stormont to get back up and running. My party is committed to doing that, and to continuing to work with the Minister and the Government, but that work has to be about delivering on the commitment given to protect Northern Ireland’s place within the United Kingdom. Northern Ireland’s constitutional arrangements must be respected. I regret that we are not at that point yet, and therefore I support the amendment before your Lordships’ House.

[Lord Swire (Con)]

My Lords, one of the reasons I voted, rather reluctantly, to remain in the EU at the time of the referendum was that I could not see a way around a border between Great Britain and Northern Ireland, and the EU. I could not see my way around that for many months; indeed, when I was in the other place I tabled an amendment that I hoped would break through the logjam. It was not selected by the then Speaker, in a display of the usual lack of bias for which he was well known. Many of us were trying to navigate our way through what seemed to be an impenetrable fog and an irreconcilable series of arguments as to how we could ensure that Northern Ireland remained an integral and vibrant part of the United Kingdom while sharing a land border with a country that was not.

I have wrestled hard with this ever since. I am a passionate unionist. I believe passionately in the future of Northern Ireland being within that United Kingdom. Yet I cannot bring myself to support the fatal amendment tabled by the noble Lord, Lord Morrow. I think it is too late, and I think it is wrong. I have studied this new agreement and it is imperfect—of course it is—but, as far as I can see, it is the only way forward. I urge all those who are tempted to vote for this fatal amendment to raise their eyes a little higher and to look at the larger prize. The larger prize must be to ensure the economic prosperity of Northern Ireland and the safety of its citizens.

Shortly we will host a visit from the President of the United States, Mr Biden—a man who, like a lot of American Presidents, is extremely quick to stress his Irish ancestry and credentials. I took the opportunity of looking this up this morning; in fact, the Biden family come from Sussex. He has many Irish ancestors, as do we all, but I very much hope that he will make a speech about the future of Great Britain and Northern Ireland in Sussex at some future date. He might even know where he is in the world, unlike the Vice-President, who sometimes gets confused, as we know. When he comes to Northern Ireland, he should see a place with huge opportunity. That can be brought about only by security.

One of my concerns about this whole agreement with the EU was about the continuing role of the ECJ. That made me extremely uneasy—indeed, it makes me extremely uneasy to be arguing against the Democratic Unionist Party, which I respect hugely. I was very concerned about the continuing involvement of the ECJ. I listened very carefully to my noble friend the Minister, a man in whom I have implicit faith, not least because he was our esteemed special adviser when I was a Minister of State in the Northern Ireland Office. In that great circle of politics, here I am, a humble Back-Bencher in your Lordships’ House, and there he is, spreading his thighs across the Front Bench and dominating all who go before him—and quite right too. I ask my noble friend—and friend he is indeed—about the role of the international arbitration council and what any appeal process would be, were that council to rule against the legislation or the disagreement taken to it.

As I have said, I will never vote for anything that endangers, to my way of thinking, the future of Northern Ireland within the United Kingdom. I understand where the DUP is coming from. There are elections, and the DUP has its supporters. There is a prospect of a First Minister from Sinn Féin at Stormont and of, down the road, a Sinn Féin Taoiseach in Dublin. That is going to make Northern Ireland a more challenging and very different place. I think my friends in the DUP are slightly behind the curve in all this. They are better, more cunning and more intelligent than this, and they need to think about that prospect. They need to think about how to represent not only the unionists in Northern Ireland but those who are not unionists and want good government. I tried to be apolitical in my role in Northern Ireland as far as I could, but I am a unionist. I want to see one unionist party arguing for a modern unionist Northern Ireland within the United Kingdom.

The noble Baroness, Lady Ritchie, is right, as are others: it is absolutely hopeless to have these discussions without any sort of Government in Northern Ireland. This agreement itself says very clearly that the brake—which we have heard a lot about this afternoon—cannot become available until the Northern Ireland Executive are restored and operational; yes, that means a First Minister and a Deputy First Minister. My friends in the DUP keep on saying that they are committed to the restoration of government in Northern Ireland, and yet by tabling this fatal amendment to the Motion they would set the whole prospect of that back. They cannot have it both ways.

Northern Ireland (Executive Formation and Organ and Tissue Donation) Bill

Lord Browne of Belmont Excerpts

2nd reading
Monday 27th February 2023 Lords Chamber

[Lord Browne of Belmont (DUP)]

My Lords, I join with noble Lords who have condemned the attempted murder of Detective Chief Inspector John Caldwell. I trust that he will make a speedy and good recovery. This debate occurs at a pivotal moment for Northern Ireland and the United Kingdom as a whole. We have been reminded again today by my noble friends that, if not for the imposition of the Northern Ireland protocol, we would not be debating this Bill in your Lordships’ House.

I support the Bill because it is a sensible and measured response in the current circumstances. I also welcome the Government’s decision to bring forward the amendment to address organ donation. This is an incredibly important cause, and it is right that it progresses here. I commend the Minister and the Government for their work in making this possible. I join other noble Lords in paying tribute to the efforts made by young brave Dáithí, his parents, family and friends and, in particular, Fearghal McKinney and Denise McAnena from the British Heart Foundation. They have worked very hard to enable this legislation.

There are over 300 areas of law, such as our ability to trade with the rest of the United Kingdom, which are now determined by the EU. These regulations and diktats have been imposed on Northern Ireland by Brussels without any say or scrutiny. These laws can be amended and will continue to be imposed on Northern Ireland. In all decisions, the European Court of Justice will continue to be the ultimate arbiter on all protocol-related trade disputes. No unionist could countenance a scenario in which UK law is secondary to EU law in Northern Ireland. In England, Scotland and Wales, UK law is supreme. Why should this be any different in Northern Ireland?

As things stand, Northern Ireland is semi-detached from the rest of the United Kingdom, subject to ever-changing diktats being made elsewhere and with no say over them, as I have said. Is it fair that manufacturers and producers in Northern Ireland should continue to operate under a different set of regulations and guidelines to their counterparts in mainland Britain? Continued divergence and regulatory differences will continue to create new hurdles and new sets of everyday problems for producers and manufacturers in Northern Ireland. Why should these business owners be punished purely for sharing a land border with a foreign state?

In a UK context, if Northern Ireland is still left behind and solely subject to the EU’s customs code and EU law, regrettably, very little of constitutional significance will have been achieved. Any arrangement or deal with the European Union that fails to achieve the removal of the supremacy of EU law from Northern Ireland will fail to restore the constitutional integrity of the United Kingdom. To date, the implementation of the Northern Ireland protocol has cost £506 million. Specifically, Treasury figures confirm that the trader support service, a by-product of the protocol that helps companies to deal with its additional paperwork, has cost the taxpayer £318 million in just over two years—that is £436,000 per day. This could be invested elsewhere in Northern Ireland: in health, education or roads. Recently, noble Lords discussed cuts to the Northern Ireland budget—yet we were able clearly to point to hundreds of millions of pounds-worth of bureaucracy to implement the protocol. What was true in 2022 is true in 2023: transformative investment should be saved for schools, hospitals and roads in Northern Ireland.

As I have said in your Lordships’ House previously, I would prefer Stormont to be up and running again as soon as practically possible. However, the institutions at Stormont cannot work without the restoration of the delicate political balance negotiated over many years. No unionist supports the protocol or the supremacy of EU law. No one who uses the label “unionist” could sign off on any arrangement that does not respect the supremacy of UK law and the constitutional integrity of the United Kingdom. I urge the Minister and the Government to recognise this.

As it stands, Northern Ireland remains in limbo and, unlike the rest of the United Kingdom, it is ultimately still bound to decisions made by politicians in Brussels and the European courts. A Northern Ireland left behind was not what the people in any part of the United Kingdom assented to in 2016. I am sure that noble Lords will agree that the best outcome is for Stormont to get back up and running. To get to that place, we must restore the integrity of the UK internal market as urgently as possible. Northern Ireland’s constitutional position and arrangements must be respected. Such uncertainty and disruption are unwelcome—the people of Northern Ireland need these issues to be resolved, and I regret that we are not at that point yet.

No matter what has been achieved by the deal today, Northern Ireland will still be in the single market, subject to EU rules and the European court. Does this protect the sovereignty of Northern Ireland? Anyone who cherishes our historic union must view any new deal with extreme caution.

Postponement of Local Elections (Northern Ireland) Order 2023

Lord Browne of Belmont Excerpts

Wednesday 22nd February 2023 Grand Committee

[Baroness Suttie (LD)]

My Lords, the Liberal Democrat Benches also support this order and regard it as a necessary and common-sense approach to solving this issue. We also welcome this opportunity to debate it briefly—and I think that we will all be brief. As the Minister said, under the single transferable vote system—the proportional representation system used in Northern Ireland for local elections—it just would not have been possible to finish the count before the Coronation celebrations and events began. This would have had an impact on the staff and the valuable job that they do in working so hard to handle the count, because counting an STV election is very complex. It could also have an impact on the candidates and the voters.

I have a very brief point on that. It is very important for voters across the United Kingdom, including in Northern Ireland, to have confidence in the democratic system and to know that, once they have voted, their votes will be counted and that, at the next stage, the elected representatives will get on with serving the community in which they have been elected. In that regard, I also hope that, by the time we celebrate the Coronation, there will be a fully functional and active Northern Ireland Assembly and Executive.

Delaying these local elections in Northern Ireland clearly makes sense so that the count will not be interrupted. I, for one, hope that everybody enjoys the celebrations around the Coronation as much as I hope to do; I am grateful that they will be taking place in May, which is usually a wonderful month across the whole United Kingdom. I hope that we will have good weather in Northern Ireland so that people can celebrate.

[Lord Browne of Belmont (DUP)]

My Lords, I am pleased to rise in support of this order. I have to admit I am old enough to remember the Coronation of Queen Elizabeth II in June 1953—

[Lord Hay of Ballyore (DUP)]

When you were eight or nine?

[Lord Browne of Belmont (DUP)]

I was a small boy. I remember crowding into a small room in the house of a neighbour, who had invested in one of the first television sets in the street. I caught a rather blurred image of the Gold State Coach; much to my delight, my neighbour gave me a small toy replica of it. Those are happy memories.

It is only right to delay the local council elections in Northern Ireland as this will afford the people of Northern Ireland, along with the rest of the United Kingdom, an opportunity to join in the celebrations and events that follow the Coronation of King Charles III without having their TV coverage interrupted by the results of the later stages of the count, which, as we know, can take a considerable number of days.

As the Minister stated, the chief electoral officer, Virginia McVea, is stepping down ahead of the May local elections; I know that the post has been advertised. She has worked extremely well with all the political parties in Northern Ireland. She has been very effective and has helped greatly in improving every aspect of the election process—especially as it is a complicated single transferrable vote system. I am sure that we all wish her well in her new post here in England. I know that the position has been advertised, but will the new chief electoral officer be in post well before the May elections so as to give them a reasonable lead-in time?

A recent report on the May 2022 Assembly elections in Northern Ireland showed that most people were confident that the election was well run. However, there was a concern that the large number of postal and proxy applications rejected due to a missing digital registration number indicates that there may be a barrier to some voters. Does the Minister agree that the Government should undertake a review of the operation of the digital registration number? Have the Government looked at using some form of technology for these votes to try to speed up the counting?

I welcome this order. I am sure that many people in Northern Ireland will partake in the celebrations that follow the Coronation and have lasting memories of the great pageantry of the occasion, as it is unlikely to be seen until the next jubilee or Coronation.

[Lord Hay of Ballyore (DUP)]

My Lords, like my noble friend Lord Browne, I welcome the draft order before the Committee, which will allow the people of Northern Ireland to celebrate the Coronation of King Charles III. It is something that I very much welcome; I know that people in Northern Ireland do too.

I want to follow up on what my noble friend Lord Browne said about elections in Northern Ireland generally; I indicated this to the Minister before this afternoon. We know that, in the rest of the United Kingdom, the counting of votes starts after the polling stations close that evening. In Northern Ireland, the count starts the next day. I know from history and from fighting elections for over 40 years about the complex issue of proportional representation elections, but I still do not understand the system when I go into a count.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Lord Browne of Belmont Excerpts

2nd reading
Wednesday 23rd November 2022 Lords Chamber

[Lord Browne of Belmont (DUP)]

My Lords, today we have heard from many noble Lords of their personal experiences of the Troubles in Northern Ireland. We have listened to the long list of the atrocities carried out by terrorists, leading to death, injury and suffering of innocent persons. I could add to that list, but the point that victims deserve justice has been well made.

For much of the past 25 years, there has been an erosion of justice when it comes to dealing with the troubled past in Northern Ireland. For many innocent victims of terror in Northern Ireland, there has been a hope of justice, but for many justice has only ever been a repeated word, as this word has not brought results alongside it. Regrettably, this began with a process whereby terrorists were being released from prison. That was followed by comfort letters, which offered no comfort to the victims of terror. Since then, due to the slow pace of this process, many innocent victims of terror have continued to suffer and have asked of many of us the question: when will I see real justice for the murder of a loved one?

Today we are addressing the legacy of more than 30 years of violence, and of 25 years since the drafting of the Belfast/Good Friday agreement. These matters deserve our fullest attention, and they deserve respect and time to consider carefully. I trust that that will be the case when the Bill reaches Committee and Report.

It would be wrong to view the Bill as the answer to the question of how we deal with the legacy of Northern Ireland’s troubled past. Regrettably, the Bill does not provide the answers to these outstanding matters. In my view, the Bill as it stands would in fact do much more harm than good to the fragile and delicate balance that exists in Northern Ireland. Ultimately, since 1998 there has been a failure to address these incredibly sensitive matters, and innocent victims have watched on as there has been an attempted rewriting of history in some very clear and obvious instances, as the noble Lord, Lord Godson, vividly illustrated in his excellent speech.

Many victims’ groups and individual victims continue to express real concerns about large parts of the Bill before us. They are understandably concerned about a process that could offer an amnesty to the victim-makers. A blanket amnesty would further add to their suffering, as it would continue to deny them the justice they seek. Across Northern Ireland, many people realistically accept that there is a limited possibility of a successful prosecution and meaningful jail term for those who carried out atrocities against their loved ones. Many innocent victims accept the harsh and regrettable reality that, 20 or 30 years on, the possibility is only very limited that they will receive justice. However, the Bill as drafted would remove that possibility altogether. There would be no possibility of jail time for bomb-making, murder or attempted murder, nor jail time for maliciously wounding a soldier. I could give examples. Because of the Bill, the limited possibility of justice would evaporate. The Bill is therefore unacceptable to victims.

In addition to the concerns over an amnesty, there is also concern about some other aspects of the Bill. Terrorists and victim-makers would be rewarded regardless of whether they stayed silent or told the truth. Surely, as a bare minimum, prosecution should be the alternative to not fully co-operating.

While every person in this nation should absolutely be equal and equally subject to the law, an opportunity has been missed to make a definitive distinction between the victim-maker and the innocent victims of their actions. For justice, there needs to be a clear definition of a victim. When no such definition exists in legislation, the danger is that we equate direct victims of terror with those who have been injured as a result of their own actions in carrying out acts of terror. Those who would be granted immunity for Troubles-related crimes or those injured by their own hands must not be defined as victims for the purpose of remembering the past. In the Bill as drafted, a blanket amnesty is set above investigations. Perhaps the most important, fundamental point of all in the Bill is that it gives more rights to the people who committed crimes during the Troubles than to the innocent victims of their crimes.

The Bill before the House today is described as a legacy and reconciliation Bill. In the eyes of many victims of terror-related offences in Northern Ireland, reconciliation remains a deeply challenging ask when the prospect of any sort of Troubles-related amnesty looms large. Many victims have said from the outset that they will struggle to support any legislation that falls short of delivering accountability and true justice. Large swathes of the Bill are inconsistent with the desire to pursue justice. If the Bill succeeds, many of those who have openly evaded the authorities for years will seemingly be able to reap the benefits of immunity.

While it is true to say that the passage of time presents obstacles and prosecutorial difficulties, the answer to this problem does not lie in arbitrarily halting routes to justice for innocent victims. Such a system would not be accepted elsewhere in this nation for criminal gang-related offences. A blockage to justice of this nature should not therefore be deemed acceptable in Northern Ireland.

Like others, I wish to see an outcome that deals with the legacy of our troubled past. We all wish for this. I acknowledge and recognise the Government’s desire to move this long and challenging process forward. However, it would be a mistake to rush through or proceed with a Bill that ultimately does more harm than good when it comes to delivering for victims of terror.

To deal with these matters adequately, fairly and proportionately, we need a transparent process in place that commands broad support across the wider community in Northern Ireland. We have not reached this point with the Bill before us. As we have said in respect of many other matters relating to Northern Ireland, agreement has been and should be built on consensus. Where there is no consensus, there cannot be a fair and balanced way forward. It is clear that consensus does not exist on supporting this Bill in its current form. I oppose the Bill as drafted, and I am sure that my noble friends will have much more to say as it proceeds to its next stage. I look forward to listening to the Minister as he winds up this debate.