King’s Speech

Lord Browne of Belmont Excerpts

Wednesday 8th November 2023 Lords Chamber

[Lord Browne of Belmont (DUP)]

My Lords, it is a privilege to speak in the debate on the humble Address in this His Majesty the King’s first Speech as our monarch. As a committed unionist, I am totally supportive of the union in all its aspects, and I trust that the packages and policies introduced by the Government will be applied fairly across the United Kingdom in order to support struggling families, particularly those in Northern Ireland.

It is a matter of regret that, at this time, we still have political uncertainty in Northern Ireland. We want devolution to succeed. We want to see decisions taken in Stormont, because decisions that impact the daily lives of people in Northern Ireland are best taken locally in Northern Ireland.

I welcome the Government’s efforts to find a solution to the outstanding issues with the Northern Ireland protocol. Although there has undoubtedly been progress made, regrettably, it is clear that problems remain and, as my party leader recently said, as things stand there is some distance left to travel. It is essential that arrangements are put in place that have cross-community support; it is clear that the current arrangements fall short of this. My party will, however, continue to work with the Government to find solutions to these outstanding issues.

Governance in Northern Ireland must operate on the basis of consensus. There remains no consent within unionism for barriers being implemented between parts of the United Kingdom. There remains no consent for arrangements which will see further EU regulations implemented and which will cause Northern Ireland to diverge further from our closest friends and partners here in mainland Britain. Regrettably, it remains the case that the rights of the people of Northern Ireland under the Act of Union have not been restored. In order to see devolved government up and running once more in Northern Ireland, it is vital that the constitutional integrity of the United Kingdom is restored.

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. A customs border on goods moving between Great Britain and Northern Ireland and remaining within the UK internal market was unnecessary in 2019, and it remains unnecessary in 2023. Transformative investment is required, and it should be saved for policing, schools, hospitals and roads in Northern Ireland, rather than facilitating an economic border between parts of this United Kingdom. For Northern Ireland to join England, Scotland and Wales in benefiting from being outside the EU, out of constitutional necessity we must find a solution to these issues. For those of us who value this great union of nations, 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.

I want briefly to turn my attention to funding for the devolved nations. For a long time, it has been clear that a disparity exists in the current funding model. One of the major reasons for this glaring disparity is the simple fact that the formula used for the rest of the United Kingdom, a formula based on need, has not been applied in Northern Ireland. To continue to fund Northern Ireland using an outdated model is to continue a process whereby Northern Ireland is starting with less. Public services in Northern Ireland are being denied the money they require to operate effectively. Unless there is a serious review into how Northern Ireland is funded, the situation will only deteriorate. With or without a Northern Ireland Assembly, and with or without the Northern Ireland protocol, the reality of the Barnett formula and the current model will continue to lead to future budgetary uncertainties and continued pressures on public services. Devolved government will work only with a fair and stable funding formula in place.

I want to see Stormont back up and running. However, the institutions cannot work without the restoration of the delicate political balance negotiated over many years. My party is committed to continuing to work with the Minister’s party and with the Government to resolve the remaining issues, but at all times our work must be about delivering on the commitment given to protect Northern Ireland’s place within the United Kingdom.

Assisted Dying Bill [HL]

Lord Browne of Belmont Excerpts

2nd reading
Friday 22nd October 2021 Lords Chamber

[Lord Browne of Belmont (DUP)]

My Lords, I am grateful to be able to contribute to this important debate. I have many questions to ask about the so-called safeguards in the Bill.

Although the framework in the Bill of two doctors agreeing that a person has a terminal illness is clear, exactly how the process will work leaves important questions unanswered. How will a person’s mental capacity be judged? “Capacity” is defined in the Bill by the Mental Capacity Act 2005, but the purpose of that Act is to determine whether someone does not have the capacity, not whether they do have the capacity, to make a decision that cannot be reversed. The test is in Clause 1(2)(c)(ii).

What will happen if a person is identified as suffering from depression? Depression is frequently associated with terminal illnesses so it is likely that this situation will arise. There is no clear statement that the High Court can look at to judge whether a person who suffers from depression as well as a terminal illness meets the Bill’s criteria. Instead, the question of how depression is to be dealt with will be set out under Clause 8 in a code of practice

“recognising and taking account of the effects of depression or other psychological disorders that may impair a person’s decision-making”.

The Bill recognises that depression may impair a person’s decision-making but it is not clear whether that means that the two doctors should determine whether the person has impaired decision-making, nor whether it excludes that person from an assisted death. We need to ask ourselves whether we want a Bill that might allow a person suffering from depression to proceed with a request for assisted suicide.

What will happen if a person cannot self-administer the lethal drugs? The fact that the person must take the drugs themselves has been seen as the ultimate safeguard because the patient has the final control over their death and, specifically, because the Bill is not meant to legalise euthanasia—that is, a doctor directly ending a patient’s life. However, my reading of the Bill is that it does not make it clear whether it would still apply if a patient was unable physically to self-administer the drugs. Given that self-administration is seen as such a key safeguard, the ability to self-administer should be part of the assessment and declaration process that the High Court should review.

I make these points before the House as examples of my deep concerns about the safeguards in the Bill. This is why I will not be supporting it.