Northern Ireland Elections

Lord Browne of Belmont Excerpts

Monday 14th November 2022 Lords Chamber

[Lord Caine (Con)]

I am grateful to the noble Lord, another distinguished former Secretary of State, for his comments. Of course, I absolutely agree that the single biggest obstacle to the restoration of devolved government is the current operation of the Northern Ireland protocol, which is why the Government are absolutely determined to keep what is working within the protocol but to remedy the clear defects that are apparent. We have had very lengthy debates about this in Committee on the Northern Ireland Protocol Bill over the past few weeks. The Government’s clear preference is that we have a proper negotiated outcome and an agreement with the EU but, of course, if that is not possible, we will have to take action as set out in the Bill itself.

The noble Lord referred to the need for the Government to show a greater degree of flexibility. I wish he had added something about the need for the European Union also to adopt a less theological and less dogmatic approach to certain matters. However, I agree with his aspiration that we manage to come to an agreement with the EU to resolve these issues so that Stormont can be back and up and running again as quickly as possible.

[Lord Browne of Belmont (DUP)]

My Lords, I too wish to be associated with the remarks the Minister made regarding the untimely death of Dr Phoenix. If the current negotiations taking place with the European Union on the Northern Ireland protocol fail to deliver any major changes, I think it is unlikely that the Assembly will resume. Can the Minister therefore confirm what he has just said: that the Government will therefore act on the protocol Bill which has been agreed by the other place?

[Lord Caine (Con)]

I am grateful to the noble Lord speaking for the DUP. As he is well aware, the Government are committed to making changes to the protocol through discussions with the European Union that are currently taking place. We all hope that they will be successful, but in the event that that is not the case or is not possible, we remain committed to the provisions of the Bill.

Northern Ireland Protocol Bill

Lord Browne of Belmont Excerpts

Committee stage
Wednesday 2nd November 2022 Lords Chamber

[Lord Judge (CB)]

I shall not help the noble Lord, Lord Purvis, out, but I will say that the next time we come to this Bill, I think we will find that Clause 22 is the most devastating of all the Henry VIII powers. As to this amendment, I hope the Committee will excuse me if I do not keep repeating what I have said and would go on saying. I thought of giving the Minister a sheet of paper for him to write on, but then I thought I had better take it away as he might keep it and write on it. That is my point.

[Lord Browne of Belmont (DUP)]

I rise to speak to Amendment 22 and, indeed, all the other amendments. I am conscious that this amendment and others like it have been developed in response to concerns raised by the Delegated Powers and Regulatory Reform Committee’s report and, as such, are informed by growing concern about the Executive’s use of delegated legislation. In the context of the legislative challenges posed by Brexit and Covid-19, there has been increased use of delegated powers, which has concerned the Delegated Powers and Regulatory Reform Committee and the Secondary Legislation Scrutiny Committee and given rise to two important reports, Democracy Denied? and Government by Diktat.

The basic thesis of these reports is that there is a growing democratic deficit arising from the fact that delegated legislation does not afford the same opportunity as primary legislation for parliamentarians to scrutinise its development. The point is not that the delegated legislation is always wrong but that to avoid creating a democratic deficit, wherein the representatives of the people in the legislature are afforded less opportunity to shape legislation than in primary legislation, the use of delegated legislation must be limited.

As a democrat, I applaud this general approach and believe it is imperative in a functioning democracy that the opportunities for people to shape legislation through their parliamentarians in the legislature are maximised. Of course, there are ways in which a democratic deficit has been felt in our politics other than overreliance on delegated decision. In truth, the reason we are considering the Bill at all is the concern about the democratic deficit at the heart of the EU project, which was undoubtedly one of the key drivers of Brexit.

Brexit has been applied in England, Scotland and Wales with the effect that the democratic deficit arising from EU membership has been fixed in those parts of the United Kingdom. Laws are now made for Great Britain by Great Britain, but the democratic deficit in Northern Ireland has not been fixed. It has not been alleviated, it has not even been left untouched and it has not been allowed simply to deteriorate. The underlying difficulties have instead been allowed to become total, such that rather than amounting to a widening of the deficit—a democratic shortfall—that shortfall has been replaced by something much more radical: the complete negation of democracy in relation to the development of 300 areas of law to which we are subject.

The protocol that Parliament imposed on Northern Ireland against the clear wishes of its unionist representatives was one that, rather than addressing the principal difficulty with EU membership for anyone raised in the Westminster political tradition, has made it infinitely worse. In this context, the significance of Amendment 22—and, indeed, all the amendments debated tonight—is that it introduces not a regulation-making power that is part of a process that represents a step backwards, but one that is a step forward.

Finally, to unpack this problem, rather than using my words, I will use some very powerful words of a man living in Northern Ireland who wrote to my noble friend Lord Morrow, who unfortunately is unable to be in his place tonight due to a family illness. This man expressed his dismay at the actions of some parliamentarians from outside Northern Ireland towards our problems. I will be quick and quote just a few passages from his letter.

He writes: “I am deeply concerned about the approach adopted by some Peers who are seeking to remove the regulation-making powers from the Northern Ireland protocol rendering it ineffective.” He goes on, very powerfully, “Anyone who does not understand what a significant, democratic step forward that will be for us in Northern Ireland is completely detached from the reality in which we live and clearly has no idea what it feels like to have your votes slashed, as ours have been. I find it shocking that some Peers seem so absorbed in their Westminster bubble battle against delegated legislation, supposedly in the name of concern for democracy, that they should have completely lost their sense of perspective such that they cannot see how inappropriate it is to oppose these regulations in the name of opposing a democratic deficit. If they wanted to have a fight about delegated legislation out of regard for a concern for democracy, this was the last context in which to do so. It is so striking that the democratically elected House did not pick this fight on this. I would urge you to call Peers to recognise how these regulation-making powers will help restore some much-needed parliamentary democracy in places where it has been completely taken from us and help restore what was promised in the Belfast agreement, namely our right ‘to pursue democratically national and political aspirations’. That right has been taken from us in the 300 areas of lawmaking. These regulation-making powers represent a first step in their restoration. Rather than opposing them in the name of democracy, Peers should examine these powers in context and celebrate them for what they are, a critical step in restoring democracy to Northern Ireland.”

By all means, declare war on regulation-making powers that reduce democratic scrutiny but, please, do not declare war on these regulation-making powers, which take a first, crucial step in its restoration.

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[Baroness Suttie (LD)]

My Lords, I also speak in support of Amendment 25, to which I have added my name. The noble Baroness, Lady Ritchie of Downpatrick, has clearly set out the importance of Article 18 of the protocol in allowing the democratically elected Northern Ireland Assembly to give its consent on whether to continue with the protocol in a vote in 2024. I will not repeat the many powerful arguments that she has used, but it is deeply concerning that Clause 15(2) as drafted provides potentially sweeping powers for a Minister of the Crown to remove this right by regulations. It is worth repeating the view of the Constitution Committee, which set out in its report on the Bill that Clause 15

“undermines the rule of law for the UK Government to invite Parliament to pass legislation in breach of the UK’s international obligations. Enabling ministers to do this through secondary legislation, particularly via the negative resolution procedure, is even less constitutionally acceptable.”

To refer to a discussion on an earlier amendment, I understand the frustration of the constituent of the noble Lord, Lord Browne, with what sounds like procedural issues. However, my noble friend Lord Purvis gave a powerful explanation as to why what seem like procedural niceties really matter, because they make a difference in the end to people’s lives if we get them wrong. It is not true to say that we have ignored them; in fairness, in every single debate I have said that I understood the strength of feeling of the unionist community. I have said that in every single contribution that I have made on this Bill. I understand that it is something that people feel extremely strongly about.

[Lord Browne of Belmont (DUP)]

In fairness to my constituent, I quoted only a very short paragraph. Before that, he went on in quite a lot of detail about what has been discussed here. So, in fairness to my constituent, it was a much fuller letter that we received from him.

[Baroness Suttie (LD)]

I thank the noble Lord for that clarification. However, probably lots of people out there would regard statutory instruments and secondary legislation, and such phrases, as sounding rather technical—but the point that my noble friend was making is that they are important. If we get the laws wrong, they will directly impact on the people of Northern Ireland, who have gone through a difficult situation since the passing of Brexit.

The effect of Amendment 25 would be to safeguard Article 18 of the protocol and allow the democratically elected Northern Ireland Assembly to have its say. I think the noble Lord, Lord Caine, is going to respond, as he is sitting in the middle of the three noble Lords. I would be very interested to hear, for the record, whether he considers that there are circumstances under which he could imagine using the powers granted under Clause 15(2) of this Bill to remove Article 18 of the protocol and remove the right of the Assembly to have that vote in 2024. If that possibility exists, can he imagine that it would ever actually be used?

On a second issue, in an article in June this year, Tony Connelly of RTÉ raised an interesting question about which version of the protocol would be voted on in 2024 by MLAs. Would it be the original EU version of the protocol, or the version as amended by this Bill, if it were to be passed and enacted? It is an interesting question, and I would like to know the Minister’s view on it. Tony Connelly says that those parties that want the protocol to stay

“will have a very strong case to say in 2024 they are being denied a democratic vote that has been mandated by international law.”

Identity and Language (Northern Ireland) Bill [HL]

Lord Browne of Belmont Excerpts

3rd reading
Wednesday 13th July 2022 Lords Chamber

[Baroness Suttie (LD)]

My Lords, I too thank the Minister and his Bill team for the constructive and positive way in which they have engaged with noble Lords on the Bill. I also thank my colleague Elizabeth Plummer in the Lib Dem Whips’ Office for her constant support and knowledge as somebody from Northern Ireland.

The Minister sets an extremely positive example—perhaps the gold standard—with his willingness to listen and make changes, as the noble Lord, Lord Murphy, has said. It would be deeply welcome if a similarly constructive and listening approach were to be used for the two other Bills that have not yet reached your Lordships’ House: the legacy Bill and the Northern Ireland protocol Bill. It is unlikely, perhaps, but one can live in hope.

I have two final brief points, if I may. I believe that everyone, including the Minister, has agreed at various stages of the Bill that it would have been much preferred if the Northern Ireland Assembly had been dealing with this Bill. The Northern Ireland Assembly, with all its relevant experience and expertise in being much closer than many of us are here, would have been much better placed to deal with this legislation.

During the slightly unusual and turbulent period that we are going through, I none the less hope that the new Northern Ireland Secretary will allow the Minister to use his many years of experience to leave no stone unturned in helping to bring back a functioning Executive and Assembly as soon as possible. It is in no one’s interest, least of all the people of Northern Ireland, for this current stalemate to continue.

[Lord Browne of Belmont (DUP)]

My Lords, I thank the Minister for all his hard work and dedication during the passage of the Bill. I am pleased that he and the Government have accepted the amendments to the title of the Ulster Scots/Ulster British commissioner and acknowledged the important role that the Castlereagh Foundation plays in research and exploring the shifting patterns of social identity in Northern Ireland.

Without wishing to add to the Minister’s workload over the Summer Recess, I ask him whether he would consider looking at two important issues in the Bill, as it makes its way to the other place. First, I believe that the proposal for the Secretary of State to overrule the Northern Ireland Assembly sets a dangerous precedent. Secondly, it needs to be made clear that, although the two commissioners have different functions, they should have equal weight in those functions so that the unionist community can be given an equal opportunity to complain through its commissioners across the spectrum of their function. I hope that these points will be given full consideration when the Bill reaches the other place. I thank the Minister again for all of his advice and work.

[Lord Empey (UUP)]

My Lords, as the noble Baroness, Lady Suttie, said, we are grateful to the Minister. A Minister being prepared to be flexible and listen to people makes a difference. But I gently correct the noble Lord, Lord Murphy: the Bill and the agreement did not have all-party support. My party does not support New Decade, New Approach and never did, and we consequently never supported this legislation. Unfortunately, it will ultimately become a grievance factor for people. Certainly, it should have been dealt with not here but in Stormont. The Assembly is now heading towards six months without a functioning Government, in unprecedented economic circumstances —and winter, when things will bite even harder, is approaching. As each day passes, it is a matter of great regret that we find ourselves in this position.

This is no reflection on the Minister or his team; it is merely a fact. New Decade, New Approach, which led to the restoration of the Executive, was flawed anyway. But we have to move on and see how we can concentrate minds and get the institutions re-established so that we can help to protect as many people in the community as possible from the surge in prices and the suffering that I have no doubt will emerge in the winter. Sadly, we are still in this limbo.

Could the Minister ask his right honourable friends in his department to step up activity to ensure that we can get the institutions replaced? No process whatever seems to be taking place—yet huge national issues are at stake. I thank the Minister for his flexibility, but I assure him that we have a long way to go.

Identity and Language (Northern Ireland) Bill [HL]

Lord Browne of Belmont Excerpts

Report stage
Wednesday 6th July 2022 Lords Chamber

[Lord Browne of Belmont (DUP)]

My Lords, I support Amendment 10 in this grouping but, first, having taken part at Second Reading I apologise for not having been able to contribute in Committee. Like the noble Baroness, Lady Ritchie, I had succumbed to the dreaded Covid—although I do not think there was any connection between us.

I am very grateful to the Ulster-Scots Agency for helping me to appreciate the importance of securing the change that Amendment 10 addresses. It proposes to replace “arts and literature” with “heritage and culture” to make the Bill reflect the provisions of NDNA, and to bring it into line with the established policy and human rights framework, in particular as it applies to the Ulster Scots community. The Minister told the House in Committee that the Government are

“sticking faithfully to what was”

agreed in NDNA. He also said:

“It was very clear in that package that the remit of the commissioner in respect of the Ulster Scots and Ulster British tradition would be matters of ‘language, arts and literature’ and not culture and heritage”.—[Official Report, 22/6/22; col. GC 86.]


I contend that this is wrong. I quote verbatim from pages 34 and 35 of NDNA:

“A further such commissioner will be appointed by the First Minister and deputy First Minister to enhance and develop the language, arts and literature associated with the Ulster Scots/Ulster British tradition in Northern Ireland … The Commissioner’s remit will include the areas of education, research, media, cultural activities and facilities and tourism initiatives … The functions of the Commissioner will be to … increase awareness and visibility of relevant services which are provided by public authorities in Northern Ireland … provide advice and guidance to public authorities, including where relevant on the effect and implementation, so far as affecting Ulster Scots, of commitments under the European Charter for Regional and Minority Languages, the European Framework Convention for the Protection of National Minorities, and the United Nations Convention on the Rights of the Child”.


Here we have a series of paragraphs, with each expanding on the last, to build an overall picture of the commissioner’s role. NDNA does not stop in the middle of the first sentence after “language, arts and literature”, as the Government would have us believe. Oddly, the vital linking sentence from NDNA, which lists five key areas in the commissioner’s remit—and, through the use of the words “will include”, makes it clear that this is not an exhaustive list—is not reflected in the Bill.

The Minister says it is “very clear” that the remit of the commissioner does not include culture, but that assertion is flatly contradicted by the NDNA document, which says that it includes “cultural activities and facilities”. The commissioner’s remit could not include cultural activities and facilities if it did not include culture. Clearly, the Government have got it wrong.

The Government have sought to use these three words, “language, arts and literature”, to limit the human rights provisions in relation to the commissioner for the Ulster Scots and Ulster-British tradition. That limitation, however, is not to be found in NDNA. There is one clear, explicit limitation on the commissioner’s power to issue guidance and it is

“so far as affecting Ulster Scots”.

As far as NDNA was concerned, anything covered by international instruments affecting the Ulster Scots community is within scope of the commissioner. The misreading of NDNA needs to be corrected and what was agreed needs to be properly reflected in the legislation. Failure to address this misunderstanding will lead to a situation where the Bill is at odds with 20 years of law and policy, not to mention the human rights framework which the Minister says this legislation is built on.

The applicable human rights framework—the scope of the Framework Convention for the Protection of National Minorities—under which the Government have just recognised the Ulster Scots community as a national minority of the United Kingdom, goes far beyond language, arts and literature. This can be seen in examples in Articles 5, 6, 15, 29 and 30.

The position of the Northern Ireland Human Rights Commission and the Minister’s expert panel, appointed by the current Northern Ireland Communities Minister, is also supported by the Ulster-Scots Agency. They all agree that the role of the commissioner needs to reflect established law and policy. To do otherwise risks excluding the commissioner from addressing issues that they should be addressing and undermines both the effectiveness of the commissioner and their standing in the eyes of the community.

The Government have stated that the function of the commissioner in respect of the human rights instruments reflects the Government’s recent recognition of Ulster Scots under the framework convention. In truth, that objective is much better reflected in the text of NDNA than it is in the text of the Bill. The text of NDNA provides space for the commissioner’s work to reflect the true breadth of the human rights instruments instead of applying a groundless, arbitrary restriction that will seriously impair the realisation of human rights. I support Amendment 10.

[Lord Caine (Con)]

My Lords, once again, I am very grateful to noble Lords for moving and speaking to their amendments, and for the spirit in which they have done so. Amendments 10 and 13 return to the question of the functions of the commissioner. At the risk of repeating myself, I respectfully disagree with noble Lords who have spoken. The Government are quite clear that the Bill is faithful to New Decade, New Approach and the relevant legislative commitments it set out.

That document was very clear that the commissioner’s functions would encompass matters of language, arts and literature. Indeed, both New Decade, New Approach and the draft legislation published alongside it, to which I referred earlier, used that precise formulation no fewer than 15 times. Paragraph 27E of New Decade, New Approach sets out that the main function of the commissioner would pertain to “language, arts and literature”. The Bill replicates this in its principal aim essentially word for word.

The reference to heritage and culture in New Decade, New Approach, on which I believe noble Lords are drawing, specifically in Amendment 10, appears in paragraph 5.12.3 of Annexe E and relates to a separate commitment for the Executive to agree to an Irish language and Ulster Scots strategy. This is already provided for in Section 28D of the Northern Ireland Act 1998, which is a clear legal duty. I hope that the Executive continue to meet their legal duty to adopt these two important strategies; however, the operation of this duty is clearly separate from the legislative commitments on which the Bill delivers. I shall speak to the amendments on this matter more fully later.

On Amendment 13, specifically, the commissioner’s role of providing advice and guidance on three international instruments was also always intended to be in relation to matters of language, arts and literature. Comparable provision was made in the draft legislation published alongside New Decade, New Approach, to which I refer again. The widening of the provision in the Bill beyond language, arts and literature, as proposed in Amendments 10 and 13 would, in the Government’s view, be inconsistent with the conclusion reached. The Government therefore cannot accept them.

I turn to Amendment 12, which seeks to make provision for the commissioner’s remit as set out in paragraph 5.15 of Annexe E to New Decade, New Approach. I understand the thrust of the noble Lord’s argument, as that paragraph specifies that the commissioner’s remit includes

“the areas of education, research, media, cultural activities and facilities and tourism initiatives.”

However, this amendment would have the effect of altering the commissioner’s functions. Those functions are separately set out in the same annexe to NDNA, in paragraph 5.16, and were also provided for in the draft Assembly legislation. I hope, however, to reassure noble Lords on this point. The Government consider that the commissioner’s functions, particularly in relation to Ulster Scots services, would also cover the remit envisaged by New Decade, New Approach. Separate provision on the commissioner’s remit therefore would not be necessary and the widening of its functions was not agreed.

Reference was made by the noble Lords, Lord Morrow and Lord Browne of Belmont, to the recommendations of the Northern Ireland Human Rights Commission in respect of these matters. The Government have consulted a wide range of bodies on the Bill, which included conversations with the Human Rights Commission. This has helped us reach a conclusion on the commissioner’s name, for example. However, we have to stay within the bounds of NDNA and it would be wrong to innovate on these commitments unilaterally. I should point out that the Assembly would be able to amend this legislation were it functioning once again, which we all hope it will be very shortly.

Amendment 14 seeks to introduce a new function for the commissioner for Ulster Scots and Ulster-British tradition to promote cultural connections between Ulster Scots in communities in Northern Ireland and those in Scotland. The noble Lord, Lord Morrow, referred to the centenary of the coming to office as Prime Minister of the Ulster Scots leader of the Conservative and Unionist Party, Andrew Bonar Law. I assure the noble Lord that, as a committed and staunch unionist myself, I am very much in sympathy with the intention behind his amendment, which highlights the importance of the connections between Northern Ireland and Scotland.

I hope to reassure the noble Lord on this point: the commissioner will be able to co-operate with other bodies, such as those elsewhere in the United Kingdom, if this were conducive to its functions within Northern Ireland. The commissioner doing so may have the effect of promoting those cultural connections between the Ulster Scots diaspora elsewhere in the United Kingdom, which is what noble Lords aspire to with this amendment. However, the functions agreed in New Decade, New Approach did not specify that a strand of the commissioner’s work would include promoting cultural connections outside Northern Ireland. Indeed, it would be outside the competence of the Northern Ireland Assembly to legislate for functions exercisable other than in regard to Northern Ireland itself, which is why such provisions were never planned in the draft Assembly legislation published alongside NDNA. I cannot accept an amendment that would broaden the work of the commissioner in the Bill beyond what was intended, although I can understand the noble Lord’s intention. I am, as I say, personally very sympathetic to what he is trying to do.

In the same vein, Amendment 30A seeks to place the Secretary of State under a legal duty to establish a dedicated fund to support projects connecting the Ulster Scots in Northern Ireland with those elsewhere in the UK. Again, such a fund was not envisaged in New Decade, New Approach and the Government cannot accept this amendment. I should add that this Government have demonstrated, on a number of occasions, their commitment to Ulster Scots through—to take one example—changing the BBC charter and framework to include support for Ulster Scots output.

Amendment 15 would also seem to be a further innovation on the position reached in New Decade, New Approach, as it seeks to widen the functions of the commissioner beyond public authorities and more broadly to “Northern Ireland society”, which again would greatly extend the scope of the commissioner beyond what was envisaged. There would be no comparable change to the functions of the Irish language commissioner, which are concerned solely with the provision of services by public authorities in Northern Ireland. The Government cannot accept amendments that would broaden the scope of the commissioner’s work in this way—in our view, it would be contrary to the position set out in New Decade, New Approach. On that basis, I urge the noble Lord to withdraw his amendment.

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Moved by

[Lord Browne of Belmont]

18: Clause 3, page 9, line 30, leave out “facilitation”
Member's explanatory statement
This amendment would extend the grounds on which an individual can submit a complaint to the Commissioner for the Ulster Scots and Ulster British traditions to cover the conduct of public authorities in relation to all the guidance issued by the Ulster Scots and Ulster British Commissioner, as is already the case with respect to all the guidance issued by the Irish Language Commissioner. It would thus help restore/achieve the parity of esteem.

[Lord Browne of Belmont (DUP)]

My Lords, in the absence of the noble Lord, Lord Empey, and with the permission of my noble friend Lord Morrow, I shall speak to Amendments 18 to 21. When these amendments were dealt with in Committee, the Minister objected that if they were accepted, they would make a change to one commissioner but not the other, as if they must be treated in exactly the same way. He stated:

“My first concern is that it would not be appropriate to amend one of the commissioner’s complaints procedures but not the other.”—[Official Report, 22/6/22; col. GC 99.]


This, however, is wholly inconsistent with what the Minister has rightly been insistent on, and in relation to which he has my full agreement; namely, that this legislation does not provide commissioners with identical functions and responsibilities but with different and equally meaningful and valuable roles for their respective communities.

The limitation of the complaints procedure to the use of the Ulster Scots language by public authorities is the consequence of the drafters losing sight of the fact that the two commissioners have different functions in order to provide something of equal value to each community. In this regard, it is useful to compare and contrast the provisions in the Bill that define the principal role of the Irish language commissioner and then that of the Ulster Scots/Ulster-British tradition commissioner. Of the former, new Section 78K(1) states:

“The principal aim of the Commissioner in exercising functions under this Part is to enhance and protect the use of the Irish language by public authorities in the provision of services to the public or a section of the public in Northern Ireland.”


Thus, it is about the use of the Irish language by public authorities.

The parallel clause defining the role of the Ulster Scots commissioner, meanwhile, does not mention the use of the language by public authorities. New Section 78R(1) states:

“The principal aim of the Commissioner in exercising functions under this Part is to enhance and develop the language, arts and literature associated with the Ulster Scots and Ulster British tradition in Northern Ireland.”


Indeed, this is underlined by the very name of the Ulster Scots/Ulster-British commissioner.

Given that Ulster British is not a language in any sense, restricting the complaints facility to the use of the Ulster Scots language transparently limits it to less than half the commissioner’s title, even while the Irish language commissioner’s function is such that the right to complain applies to the entire scope of their engagement with public authorities. As if to underline the point, not only is the use of the Ulster Scots language by public authorities not mentioned in the principal role clause but when it is mentioned later on such is its secondary importance it is only in brackets so that it is not forgotten entirely. Thus, if anyone should respond by saying that the nationalist community is subject to exactly the same constraints as the unionist community, then let us be clear: no, it is not.

The roles of the two commissioners are, as the Minister pointed out, different, and while the Irish language commissioner will make extensive demands of all public authorities in relation to the use of the Irish language, the Ulster Scots commissioner will not in relation to the use of the Ulster Scots language—hence the compensating broader cultural remit. However, to make a comparable, meaningful provision for unionists through the Ulster Scots commissioner to that afforded to nationalists through the Irish language commissioner, it is necessary to endow the former with a different set of functions to the latter. This must come with a complaints facility across the spectrum of functions required, in order for unionists to be afforded something of equal value to that which is afforded to nationalists. Not to do so is to live in denial about the fact that the two commissioners are different, servicing the needs of two different communities, with different concerns and priorities. Far from giving effect to parity of esteem, this would be to snub one community in a context when they have already been snubbed by the inexplicable decision also to weaken the Ulster Scots commissioner compared to the Irish language commissioner by denying the former the protection of the “duty to have regard” obligation dealt with in a previous grouping.

The only thing the Government could possibly do to seek to justify this arrangement would be to say that the NDNA agreement does not specify that a complaints procedure should be applied in relation to the other areas of the Ulster Scots commissioner's responsibility, but that does not provide a justification for inaction.

In the first instance, it is important to appreciate that the NDNA agreement does not say that the unionist community should not be given the right to complain about the conduct of public authorities through the Ulster Scots commissioner beyond the use of language. It is silent on the matter. In this context, we must test the silence and ask whether it makes sense that the commissioner should be provided with areas of responsibility in relation to the conduct of public authorities but no ability to respond to complaints from his or her community about the failures of public authorities in those areas, while the nationalist community is afforded the right to complain in relation to the principal functions of the Irish language commissioner. No, it does not.

In the second instance, and importantly, we have to interpret NDNA through the lens of the imperative for the parity of esteem principle. This means that if we conclude that one community cannot receive meaningful support through a narrow focus on language because of its different priorities—such that the commissioner needs to be given a different function—it would be perverse for that community to be denied the right to complain about failures of public authorities across the remit of the commissioner while making provision for such a complaints mechanism in relation to the other community.

It is one thing to snub a community by not placing a duty to have regard on public authorities with respect to its commissioner—even as such a duty is applied to the other community and its commissioner—but to also deny the former community the right to complain about the conduct of public authorities in relation to the definition of its commissioner’s principal role, even as this right is afforded the other community, is extraordinary. Moreover, when this is seen in the light of how the unionist community has been dealt with in relation to the protocol since 2019, one can perhaps begin to understand why Northern Ireland unionists feel they have become the subject of contempt.

Stepping back from this point, however—and finally coming to a conclusion—forgetting for a moment that I am a Northern Ireland unionist, I am also at a loss to understand why the Government, who surely want to make the unionist-nationalist relationship easier, should bring forward a Bill containing such a transparently antagonising provision. I most sincerely hope that the Government will reconsider and accept these amendments, which bring a modest extension of the right of unionists to complain so that it includes practices contrary to the international instrument mentioned in Clause 3. I beg to move.

[Lord Caine (Con)]

My Lords, I am grateful to the noble Lord, Lord Browne of Belmont, and I will be very brief in my remarks. As I said in Committee, New Decade, New Approach is very clear in paragraph 5.16.3 that the commissioner should be able to investigate relevant complaints about a public authority’s lack of due regard to advice provided in respect of

“facilitating the use of Ulster Scots.”

For that reason, the Bill makes provision so that complaints may be made to the commissioner concerned only in relation to “published facilitation guidance”. Neither New Decade, New Approach, nor the draft legislation accompanying it, proposed that this complaints power be made broader, as the noble Lord proposes through these amendments.

I am content that the provision in the Bill as it stands reflects the position reached in New Decade, New Approach—the agreement described by the noble Lord’s former leader Arlene Foster as a “fair and balanced” package—and the legislation prepared by the Office of the Legislative Counsel of the Northern Ireland Assembly alongside it. The noble Lord, Lord Browne, referred to himself as a Northern Ireland unionist; as a British unionist, I do not accept that we are snubbing a community in Northern Ireland. We are simply implementing New Decade, New Approach faithfully. On that basis, I urge the noble Lord to withdraw the amendment.

[Lord Browne of Belmont (DUP)]

My Lords, I thank the Minister for his reply. I believe that NDNA is a fair package, but I am not convinced that the Bill is totally fair. It is important for the Government to engage with this problem, and nothing that the Minister has said provides a compelling reason for concluding that NDNA stipulates that while the Irish-speaking community should have access to a right to complain in relation to all matters within the mandate of its commissioner, the Ulster Scots and Ulster-British tradition should be denied this right in relation to all that commissioner’s work, apart from something whose secondary importance is acknowledged by virtue of the fact that it is mentioned only in brackets. I hope that this will be debated further in the other place, and, therefore, I wish to withdraw my amendment.

Amendment 18 withdrawn.

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Moved by

[Lord Browne of Belmont]

24: Clause 5, page 11, line 17, at end insert—
“89B The Department may, subject to such conditions as it thinks fit, pay grants to any body appearing to the Department to have as an objective the encouragement or promotion of Ulster Scots in education.”Member’s explanatory statement
This amendment would give effect to the proposed duty to promote the use and understanding of Ulster Scots in education by providing an explicit power for the Department of Education to pay grants in pursuance of its obligations as is the case already in relation to the Irish Language. The wording of this amendment mirrors the existing provision in relation to the Irish Language, maintaining the parity of esteem.

--- Later in debate ---

[Lord Browne of Belmont (DUP)]

My Lords, again, in the absence of the noble Lord, Lord Empey, who unfortunately has matters to deal with back home—we wish him well—and with the kind permission of my noble friend Lord Morrow, I am pleased to move Amendment 24 in their names. I intend to be brief.

Paragraph 27c of the NDNA agreement commits to legislation placing

“a legal duty on the Department of Education to encourage and facilitate the use of Ulster Scots in the education system.”

This is vital, given that we are a signatory to the European Charter for Regional or Minority Languages, Article 8 of which requires the state to make available pre-school, primary school, secondary school and university education

“in the relevant regional or minority languages; or … to make available a substantial part … in the relevant regional or minority languages”,

or at least to provide it for those families who request it.

It is also vital because Ulster Scots has now been registered with the framework convention on minority languages, Article 14 of which states that

“the Parties shall endeavour to ensure, as far as possible and within the framework of their education systems, that persons belonging to those minorities have adequate opportunities for being taught the minority language or for receiving instruction in this language.”

Critically, the understanding of language and the national minority language commitment are located very much in terms of a history and a commitment to history in education. The framework agreement asks parties to

“take measures in the fields of education and research to foster knowledge of the culture, history, language and religion of their national minorities and of the majority.”

Clause 5 of this Bill seeks to rise to aspects of this challenge. Its language reflects exactly, so far as it goes, an existing provision in the Education (Northern Ireland) Order 1998 with respect to Irish-medium education, which states:

“It shall be the duty of the Department to encourage and facilitate the development of Irish-medium education.”


Crucially, however, this intervention to assist the Ulster Scots language not only testifies to an inequality of treatment, in that it comes much later than the provision for the Irish language, but transparently does not seek to end this inequality of treatment. It fails to honour parity of esteem; the Irish language provision also gives effect to the obligation to encourage and facilitate through the possibility of the allocation of grants, whereas Clause 5 does no such thing. Specifically, the order states:

“The Department may, subject to such conditions as it thinks fit, pay grants to any body appearing to the Department to have as an objective the encouragement or promotion of Irish-medium education.”


Moreover, it is notable that this duty, in respect of Irish, followed the form of a statutory duty in respect of integrated education set out in the Education Reform (Northern Ireland) Order 1989. Again, that duty was supported by a power to make grant payments. Article 64(1) states that:

“It shall be the duty of the Department to encourage and facilitate the development of integrated education, that is to say the education together at school of Protestant and Roman Catholic pupils.”


Article 64(2) adds that the department

“may, subject to such conditions as it thinks fit, pay grants to any body appearing to the Department to have as an objective the encouragement or promotion of integrated education.”

Once again, this inequality of treatment is inexplicable and sends out the clear message that it is sufficient to generate an image of concern regarding Ulster Scots and the Ulster Scots language without providing a credible delivery mechanism comparable with that afforded the Irish language or other concerns, such as integrated education. This is of real concern to the Ulster- Scots Agency and constitutes a completely indefensible form of difference of treatment. Amendment 24 puts this right by ensuring the equal treatment for the Ulster Scots language that is vital if the principle of the parity of esteem is to be upheld.

I very much hope that the Minister can support this modest, permissive but very important amendment. I beg to move.

[Lord Murphy of Torfaen (Lab)]

My Lords, I have some sympathy with the amendment, or at least with what lies behind it. I do not see any point in pushing such an amendment to a vote, but it raises the issue. I fully support the statutory duty on the Executive in Belfast to fund Irish language education through the various means. However, bearing in mind that this Bill is new, introducing three new public offices—the office and the two commissioners—the Minister might make inquiries with the Department of Education there over the next few weeks regarding this difference of approach in terms of funding. Perhaps the meeting that he intends to have with the Ulster-Scots Agency can clear this up, but it appears to be a dichotomy.

[Lord Caine (Con)]

My Lords, I am very grateful again to the noble Lord, Lord Browne of Belmont, for his comments in moving Amendment 24. As I pointed out earlier, New Decade, New Approach and this Bill provide a new specific legal duty for Ulster Scots in relation to the education system in Northern Ireland. This will address the current lack of statutory provision for Ulster Scots within that system.

However, a specific new grant-making power, which would be the effect of Amendment 24, was, of course, not committed to in New Decade, New Approach. It would be inappropriate in this context for the UK Government to impose financial commitments beyond those set out in that document. I also recall that noble Lords in Committee raised what the duty that is already set out in the Bill, on encouraging and facilitating the use and understanding of Ulster Scots in the education system, would mean in practice. I am therefore pleased to provide a clearer view to noble Lords on what this new and important legal duty might entail. I hope that this will speak to their concerns on this matter.

The new education duty in the Bill will enable the use and understanding of Ulster Scots to become part of the framework of the education system in Northern Ireland and the Northern Ireland Department of Education will be able to do anything necessary to meet that duty. In that context, I note that the Education (Northern Ireland) Order 1998 provides for the encouragement and facilitation of Irish-medium education and the mechanism of supporting this specific type of schooling, with the grant-making powers provided to specifically support Irish-medium schools.

Noble Lords will understand that, as a UK Minister, I cannot speak on behalf of the Northern Ireland Department of Education. The department has a Minister, a member of the DUP, who will need to consider this matter too, but it would seem to me that meeting this new duty in respect of Ulster Scots would perhaps entail the commissioning of educational materials for use in schools. Steps to meet the duty could also include seeking appropriate consultancy on the facilitation of Ulster Scots in schools, or encouraging relevant organisations in providing tuition in schools. I would stress, however, that this remains a matter for the Northern Ireland Department of Education to consider.

In respect of the comments of the noble Lord, Lord Murphy, I am very happy to reflect on what he said. In that spirit, I would encourage the noble Lords to withdraw the amendment.

[Lord Browne of Belmont (DUP)]

My Lords, first I would like to thank the noble Lord, Lord Murphy, for his very useful contribution, and I hope the Minister will take up the offer to meet with the Ulster-Scots Agency, which I am sure can put its case very forcefully. I know this Bill will be going to the other House, where I am sure it will receive serious consideration, so under those circumstances I wish to withdraw the amendment.

Amendment 24 withdrawn.

Identity and Language (Northern Ireland) Bill [HL]

Lord Browne of Belmont Excerpts

2nd reading
Tuesday 7th June 2022 Lords Chamber

[Lord Browne of Belmont (DUP)]

My Lords, first, I add my condemnation of the vile footage regarding the McAreavey family, which was wrong and hurtful.

I speak against the backdrop of an ongoing political crisis in Northern Ireland. Regrettably, this is not the first time I have uttered that phrase in your Lordships’ House. Although Northern Ireland has seen much progress in recent years, there has now been a considerable period of uncertainty, in large part due to the issues regarding the Northern Ireland protocol. It is challenging to discuss any new legislation on Northern Ireland without first acknowledging and discussing the impact of the protocol and how we have arrived at this point. Beyond costing the Northern Ireland economy £100,000 per hour, the protocol has driven up haulage costs between Great Britain and Northern Ireland by 27%. It has facilitated a divergence between Northern Ireland and the rest of the United Kingdom by virtue of a border in the Irish Sea.

I welcome recent comments and proposed action from Her Majesty’s Government, who have now accepted the very real harm the protocol is doing. I will support all attempts to find solutions to the protocol through negotiation and through legislation which respects Northern Ireland’s position as an integral part of the United Kingdom. I will also support new legislation which enhances and protects the integrity of the United Kingdom’s single economic market.

As regards the Bill, my party, the Democratic Unionist Party, originally re-entered the Executive in 2020 based on the agreement reached called New Decade, New Approach. That agreement included a range of measures dealing with various issues and respecting different cultures and identities. However, at the heart of New Decade, New Approach was a commitment to safeguard and protect Northern Ireland’s place within the internal UK market. To legislate on one or two parts of this agreement without urgently addressing this key element would be to approach New Decade, New Approach in an unbalanced fashion. That would not be the way to prioritise support for the Belfast agreement and its institutions.

We all want a devolved Government who deliver for everyone in Northern Ireland and who can build on stable foundations for the future. I believe in devolved, fair and workable government. For a Government to work in the long term, they must be based on the foundations of mutual respect. The Democratic Unionist Party indicated clearly in 2017 that it could not support legislation for Irish on a basis that would elevate the Irish language above English or reduce career opportunities for those who do not speak the language. Although those overt provisions are not included in the Bill, there exists a clear imbalance in status granted under the proposals to Irish and Ulster Scots.

My party has made it clear that we do not object to people speaking in the Irish language or having their children educated in the Irish language if that is their wish. Indeed, the Northern Ireland Executive have in the past contributed many millions of pounds in funding towards the promotion of and education in the Irish language. We have, however, objected to, and do object to, the politicisation of any language which means that these issues have, regrettably, at times, seemed to be divisive.

Looking at some of the specific proposals in the Bill, there seems to be no reciprocal requirement for public authorities to provide an action plan on how they will fulfil their obligations to the Ulster-British tradition, whereas this is required in respect of Irish language best practice standards. It is unclear from the Bill whether the office of identity and cultural expression would be able to fund single-identity projects, and it would be preferable if that was specifically referenced in the Bill.

In order to maintain the confidence that unionists have in the Government on this Bill, it is crucial that the Government deliver on the parallel provisions in New Decade, New Approach on the Armed Forces Act and on rolling out the Armed Forces covenant across all parts of the United Kingdom. In dealing with all these issues, there must be fairness and equality in delivering for all people, regardless of their community background or tradition, and based on the principles of equality, fairness, respect and consent. Respect and consent are key words in all this, and all this can be achieved if there is the will.

I am sure there will be additional opportunities to scrutinise the details of the Bill and move any necessary amendments in Committee. Her Majesty’s Government must be balanced when addressing these issues, and must take into account the concerns and views of the unionist community as well as the concerns of others. To date, the concerns of others have been addressed. As a unionist, I value and cherish my British identity and respect all those who value and cherish their Irish identity. All the pro-union supporters in Northern Ireland ask in return is that others respect their values, too.

Great Britain and Northern Ireland

Lord Browne of Belmont Excerpts

Thursday 7th April 2022 Grand Committee

[Lord Browne of Belmont (DUP)]

My Lords, I thank the noble Lord, Lord Lexden, for securing this very important debate. The economic and cultural ties that bond the various parts of this nation are unmatched. It is a historical fact that strong links across these isles and our open UK markets have brought huge benefits to England, Scotland, Wales and Northern Ireland. The case for advancing the union is as important as it is compelling. Growing together as a strong union of nations is in all our interests, now and long into the future.

In Northern Ireland, as in Scotland, we who value our historic shared bond are faced with a narrow-minded, separatist vision of the future that has only one aim in mind: to break apart every constitutional and political link with our friends and neighbours in the rest of the United Kingdom. This vision would have the people of Northern Ireland or Scotland fall through an economic trapdoor and into the wilderness, isolated from our closest friends and economic partners.

Here in your Lordships’ House and the other place, we have a duty to continue working together to protect and strengthen the United Kingdom and our shared British values, cultures and identities. I contend that there has never been a more important moment to discuss strengthening these bonds than right now. We are in uncertain times, with the backdrop of a border in the Irish Sea as a result of the Northern Ireland protocol. However, thankfully, we are in more peaceful times, and the sinister more than 40-year terrorist campaign to force Northern Ireland out of the union may have passed. But for long-term peace, prosperity and growth to continue, all parts of the United Kingdom must play an equal part in Britain’s future development. That must include Northern Ireland.

Since the beginning of the negotiations with the EU, my colleagues and I have warned that the EU has the potential to exert significant economic damage on one part of the United Kingdom, and thus our sovereignty. The arrangements in the Northern Ireland protocol have been a disaster. We have seen economic and trading barriers being erected between parts of this sovereign nation. Businesses are facing challenges they never imagined. This regrettable situation has ushered in new daily obstacles for many which never existed before. The protocol has also emboldened those who seek to divide us. I hope and trust that the Minister will agree with my assertion that the Northern Ireland protocol must be removed and consigned to the dustbin of history.

Being an equal part of a shared and integrated United Kingdom economy helps all parts of the UK deal with risks and share opportunities. Inside the union, we not only share a currency union, a language and common standards but are socially integrated too. Our strongest cultural bonds, interests, histories and values are the ones we share across this nation, but recent trading difficulties resulting from the protocol have highlighted the need for further steps to be taken to safeguard our sovereignty and economic union.

Plainly, much more work needs to be done to bring communities across the United Kingdom closer together. Our partnership of nations is a precious one. Everything that we have built together is the result of three centuries of mutual co-operation, work and prosperity. We must not allow these efforts to be carelessly weakened or damaged beyond repair. Collectively, we must move beyond any complacency that may have crept into discourse in recent years. Prosperity lies in further co-operation—in strengthening our links, not in legislating to put barriers between us or fanning the flames of separation. Does the Minister agree that each part of this nation should benefit equally from being part of a free and independent United Kingdom?

Northern Ireland

Lord Browne of Belmont Excerpts

Monday 7th February 2022 Lords Chamber

[Lord Caine (Con)]

Without commenting on detail, I say that it will not surprise the noble Baroness that these matters are currently being discussed between the Foreign Secretary and the European Commission. She will be aware that the Government put forward a number of proposals in the Command Paper last year, but I urge her to await the outcome of the negotiations.

[Lord Browne of Belmont (DUP)]

My Lords, my party leader has continually reminded the Government of promises made in the New Decade, New Approach agreement to protect Northern Ireland’s place within the UK’s internal market. The commitment was the very basis on which the Democratic Unionist Party re-entered the Executive in 2020. Regrettably, to date, this commitment has not been honoured by Her Majesty’s Government. Does the Minister agree that the Government now need to act to remove the Northern Ireland protocol, or indeed trigger Article 16?

[Lord Caine (Con)]

The noble Lord, Lord Browne, will be aware—as I have said on a number of occasions—that the Government are strongly committed to remedying the defects in both the construction and the implementation of the protocol, which has led to a distortion of trade, disadvantaged consumers, led to societal problems and placed burdens on business, all of which is deeply regrettable. Yes, he has my assurance that we are committed to making progress and remedying the most obvious defects that we face.

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

Lord Browne of Belmont Excerpts

2nd reading
Monday 29th November 2021 Lords Chamber

[Lord Browne of Belmont (DUP)]

My Lords, first, I take this opportunity to welcome the Minister to his position. Having served for more than 30 years in the Northern Ireland Office, he is eminently qualified on these matters and has considerable understanding of the issues that the people of Northern Ireland face.

The Bill, though far from perfect, has my party’s support, as it goes some way towards delivering on items agreed in the New Decade, New Approach agreement. Due to the nature of institutions at Stormont, decision-making can be a slow process; a conversation about reform will perhaps be a debate for another time. Any coalition Government made up of parties with diametrically opposed political ideologies will always be challenging. Ultimately, it is about people’s willingness to get together to try to find a solution that works. In Northern Ireland agreements to date, consensus decision-making has been built in and seen as the priority over a simple majority system. In negotiations and in the daily operations of the Stormont institutions, consensus is essential in achieving successful outcomes.

On petitions of concern specifically, in the past there have been incidents where the mechanism has been misused. On other occasions, the tool has been used in a way that reflects the reality that on some key issues there is no consensus. In some instances where a petition of concern has been used, this is a clear indication that an issue has been pushed forward without any real agreement. For this reason, I support the provisions proposed in the Bill—namely, the idea of a 14-day cooling-off period for petitions of concern. Stability is required, and the 14-day period in this Bill is welcome, as it would allow a period for people to find agreement and a way forward.

The main objective of devolution was to give the people of Northern Ireland a say on legislation that affects their lives; it allows them directly to elect their decision-makers and hold them accountable. When dealing with issues related to Northern Ireland, we must be mindful of this. If significant amendments or changes to agreements are planned, or new legislation is introduced, the people of Northern Ireland and their elected representatives must have a say. In our deliberations, we must seek to respect the devolution principle and the principle of consent which underpins it, rather than attempting to breach it.

We cannot discuss the real-time realities of Northern Ireland at this time without acknowledging the threats presented economically and constitutionally by the Northern Ireland protocol. Northern Ireland’s representatives and the rights of the people they represent are being undermined by the protocol and the imposition of its Irish Sea border. With the latest comments from the CEO of Marks & Spencer, and previous comments from other leading supermarkets regarding trade in Northern Ireland, the negative effect on the import of goods from mainland Britain to Northern Ireland is there for all to see. Regrettably, policymakers in Brussels and elsewhere are either blind to or ignorant of this.

I hope for practical solutions, which would see the removal of the Irish Sea border and the integrity of the UK’s internal market fully restored. However, inaction cannot be allowed to cripple businesses in Northern Ireland. Many small and medium-sized businesses rely on the supply chain from Great Britain to Northern Ireland, and the present uncertainty is destroying livelihoods in many instances. Those who support the protocol are not only calling for the long-term integrity of the UK internal market to be put into serious question but prioritising the 23% of Northern Ireland’s trade that is with the EU over the 77% of the trade that is with the rest of the United Kingdom and elsewhere. The volume of domestic trade between all parts of the UK highlights the importance of finding a workable, long-term solution that protects everyone. What we have at present is unsustainable. The uncertainty caused by the protocol breeds instability, which in turn can unfortunately lead to hostility. The people of Northern Ireland have suffered enough.

When we discuss the institutions of government, we look at the agreements on which they are built. The most fundamental pillar of the Belfast agreement and subsequent peace agreements is the principle of consent; Northern Ireland’s devolved settlement is based on that. However, the protocol has set that principle aside and undermined the very institutions that we are seeking to improve.

Many people in Northern Ireland feel that these regulations, which have been imposed upon them, run contrary to everything that they understand about democracy and the democratic principles that underpin Northern Ireland’s society. The people of Northern Ireland did not consent to spending more for goods, waiting longer for medicines or becoming second-class citizens within this United Kingdom.

It is regrettable that after so much progress in our society, in our politics and in Northern Ireland’s economic attractiveness on the global stage, this protocol risks taking us backwards. Does the Minister agree that we need to see a workable solution to this issue soon, and can he confirm whether it is the Government’s intention to set a deadline for the end of these negotiations with the EU?

It is quite clear that invoking Article 16 is rapidly becoming a necessary response. I support the Bill and I trust that it will go some way towards achieving stability in Northern Ireland.

Northern Ireland (Executive Formation etc) Act 2019: Section 3(5)

Lord Browne of Belmont Excerpts

Tuesday 7th January 2020 Lords Chamber

[Lord Browne of Belmont (DUP)]

My Lords, as we start a new decade, the 2020s must be about restoring stable devolution in Northern Ireland, where the Executive are committed to building a successful Northern Ireland. During the recent election, the majority of people on the doorstep made it abundantly clear that they wanted their politicians to focus on delivering better public services. The ongoing crisis in the Northern Ireland health service, for example, highlights the urgent need for the full restoration of the devolved Assembly with executive Ministers in place to take urgent decisions.

No issue supersedes healthcare, both in its importance and in the scale of its impact on every single person. Since the Assembly ceased to function, waiting lists have continued to grow and the pressure on hospitals and hard-working front-line staff has increased. In fact, I am sorry to say that the health system in Northern Ireland is no longer fit for purpose and urgent reform is now required to protect front-line services. Indeed, it is clear that we have reached a critical moment when it has been clearly stated that patient safety may be at risk. Faced with such stark warnings, politicians must not allow any further drift.

Education in Northern Ireland is also under huge pressure. Teachers and staff in schools across the Province have been doing an incredible job at a difficult time, when their budgets are being squeezed. Wherever children come from, and whatever their background or financial circumstances may be, we want them to have the opportunity to succeed. These objectives can be achieved only when a new Northern Ireland Executive are formed. On a number of occasions over the past three years in your Lordships’ House, I along with other noble Lords have warned of the ever-increasing backlog of key decisions which, in the absence of a functioning Executive, have had to be postponed by the Northern Ireland Civil Service. Often these relate to the allocation of resources and the prioritisation of spending, matters that are crucial to the proper functioning of all public services.

Turning to legacy issues, I welcome the recent commitments made by Her Majesty’s Government in relation to the full application of the Armed Forces covenant across the United Kingdom. This is especially important in Northern Ireland given the number of people who served throughout the Troubles. Many are still living with the consequences of our troubled past, and in Northern Ireland they have not had the same level of access to services as in other parts of the United Kingdom. I also welcome the Government’s promises that legacy issues will be dealt with fairly, so that ageing veterans will no longer have to prepare for a knock at the door to inform them of a reinvestigation of events that took place 40 or 50 years ago. To drag veterans through the court system in these circumstances is clearly unacceptable.

Turning to how Brexit will affect Northern Ireland, both my party and I fully support the UK’s forthcoming withdrawal from the European Union at the end of the month. We recognise that the Government have a clear mandate to deliver this under the terms set out in the withdrawal agreement. However, the terms of the UK’s future trading relationship with the EU will not be agreed until the end of the year. I have some concerns regarding any special arrangements for Northern Ireland that may be specified in the final trade agreement. I hope that significant special arrangements will not be required, but to the extent that they are necessary it is important that the principle of consent at the heart of the Belfast agreement should be maintained. We shall continue to work with the Government to seek assurances and a commitment in relation to this.

It is vital that the future relationship between the UK and the European Union will allow us to move forward and prosper as one nation, sovereign and equal. To achieve this objective, it is important that Northern Ireland should be represented along with the other countries and regions of the UK when negotiations begin in earnest to agree a future trade deal. We must ensure that this deal with the European Union, and indeed any trade deals agreed with other nations, will benefit Northern Ireland in line with the entire United Kingdom.

Northern Ireland has been deprived of devolved government for three years. My party, the Democratic Unionist Party, stands prepared to form a new Executive so that new Ministers can take the necessary key decisions. Restoring a sustainable and fully functioning Government in Northern Ireland has to be a priority. Public services must not continue to suffer. My party will continue to approach the current talks process with a clear focus and a determination to restore the Stormont Assembly and Executive. I remain optimistic that there will be a positive outcome to this process. Much work has been done, and some has yet to be done, but to achieve a positive outcome the parties must work sensibly together in the interests of everyone across Northern Ireland’s society.

Historical Institutional Abuse (Northern Ireland) Bill [HL]

Lord Browne of Belmont Excerpts

2nd reading (Hansard): House of Lords
Monday 28th October 2019 Lords Chamber

[Lord Browne of Belmont (DUP)]

My Lords, I welcome the Bill before your Lordships’ House and congratulate the Minister and officials on their efforts in preparing this legislation and moving forward quickly with this process. In these deeply fraught and uncertain times, when there are different views and opinions on a wide range of issues, I trust that there will be common ground and unanimity today in our efforts to deliver for victims of historical abuse. They have waited far too long.

I wish to take one moment to pay tribute to the work of the late Sir Anthony Hart, who chaired the inquiry which began this process. It investigated and revealed the depth and scale of the systemic abuse which was rife in our society. We must also acknowledge his expert team of officials, who worked efficiently and diligently during the Hart inquiry. The inquiry resulted in some key recommendations for redress, and that work was a vitally important step in the process of getting us to this point today.

For many victims of abuse, the Hart inquiry was the first time they had told their stories publicly. It must have been an incredibly challenging and difficult experience for them, and we should recognise that. After their bravery, many have been left without the much-needed assistance and support that they require. Sadly, a number of victims have since passed away without seeing any justice. It is therefore right and proper that their families should receive financial and mental health support, as families have suffered too.

Victims have shown great courage and bravery and extraordinary patience during their long campaign for redress. Lives have been destroyed, and some of their stories are harrowing. These victims have patiently continued to engage and interact respectfully with the Government and Members both here and in the other place. It is welcome that an interim advocate is in place. In reality, however, victims’ groups and families have done much of the work on their own for many years, without any additional funding or administrative support.

There is an understandable sense of frustration among victims and the wider public at the length of time this process has taken. Since the report and the initial findings three and a half years ago, this has been a long, uncertain process. This matter should have been addressed by a functioning Assembly, but, regrettably, the institutions were collapsed before a resolution could be found. For the victims who have suffered, this process was always about the truth. Regrettably, the report sat for too long before this process moved forward. The legislation is vital in getting some justice for those who have suffered. There is a huge amount of cross-community and cross-party support for progressing the Bill quickly. To do so would be an important step for the victims, who have waited long enough.

When one looks at international examples where similar schemes have been introduced, the institutions involved have taken responsibility and borne some of the considerable costs. One key example can be found in the National Redress Scheme in Australia. Through the Australian redress model, churches and other organisations responsible for institutional abuse opted in at an early stage to join the regular compensation scheme for victims. This was heralded by victim groups in Australia as a significant development. Also, in the Republic of Ireland, property owned by the responsible institutions has been expropriated. Can the Minister please confirm whether similar steps will be taken to adopt a group and institution opt-in approach to compensating victims, where costs would be contributed to by named institutions and groups involved? I would also be extremely grateful if he provided some clarity regarding the timetable for the rollout and introduction of the redress scheme.

These victims should be a top priority for Parliament. Many of them have lived for decades with mental and physical scars from childhood. This has been a long wait for justice. Today, we have an opportunity to stand up for them. We must progress this legislation, here in your Lordships’ House and in the other place. If Parliament can pass other measures relating to Northern Ireland in short order, as it has, surely it can swiftly pass this highly important legislation. Given the circumstances, the sooner we progress this, the sooner the redress scheme will be up and running for the victims. My party and I fully support the Bill.