Northern Ireland Executive Formation

Debate between Lord Bruce of Bennachie and Lord Duncan of Springbank

Thursday 16th January 2020 Lords Chamber

[Lord Bruce of Bennachie (LD)]

My Lords, we on these Benches certainly welcome the Statement and the fact that the Assembly is up and running and that a new Executive have been formed. It has been a long time coming, but it is welcome. I guess that a buzz of activity will now return to the corridors of Stormont.

There can be little doubt that last year’s elections, for local government and the European Parliament and the general election, have contributed to this outcome. The people of Northern Ireland have made it clear, not only in switching votes away from the two largest parties but in what they told candidates of all parties, that they were fed up with the failure and intransigence of their elected politicians and wanted them to get back to work. They will now need to do so. However, it surely behoves all the parties to give priority to making up for lost time, commitment and resources on the fundamental issues in Northern Ireland.

For example, the figures for the health service in Northern Ireland are truly shocking and would be utterly intolerable if they were apparent on the mainland. The fact that nurses have been reduced to striking because of the of absence of a pay settlement—a strike that is unprecedented—is surely a demonstration of how dangerous the state of things has become. So it is welcome that priority has been given in the Statement to resolving the dispute and delivering pay parity. But I am sure that people, especially those in need of treatment, will want to see a rapid improvement in the delivery of healthcare.

The crisis in education is also serious. Most schools are in deficit and are having to appeal to parents for funds to provide the most basic of services and equipment, including such things as toilet rolls. On a positive note, having visited the Magee campus of the University of Ulster, I very much welcome the £45 million ring-fenced capital resource funding for a graduate-entry medical school and hope that, with agreement, this will go ahead. The university has said consistently that it is poised and ready to do so.

For us, it is particularly good to see our Alliance colleague Naomi Long take up the post of Justice Minister in the Executive. We offer her our heartfelt congratulations. Naomi has been a Member of the House of Commons and a staunch defender of the rule of law. She has often put her personal safety at risk to stand up to criminal and paramilitary elements in Northern Ireland. She will be a committed and effective Minister, and we wish her the very best in her new role.

I particularly welcome the news that integrated schools, such as Cliftonville Integrated Primary School and Glencraig Primary School, will receive a share of the £45 million school enhancement programme that has been announced. The community in Northern Ireland benefits greatly from educating children together. These are great examples of schools where children of different religions, traditions and cultures are welcomed and treated equally. I have visited integrated schools and can see the positive environment they create. Can the Government provide more information on steps that will be taken to improve community relations in Northern Ireland and how they will work with the parties to ensure there is a genuine shared future for all? The Secretary of State made clear that this was not just about getting the Assembly back but trying to move forward to a more positive future.

As the Northern Ireland protocol unfolds and Brexit moves into a detail phase, it is of course welcome that the people of Northern Ireland will have a voice and a seat at the table. But the challenges are immense, new funding is essential and we must avoid backsliding into the old ways. Can the Minister explain how the proposed UK Government-Northern Ireland joint board referred to by the noble Lord, Lord Murphy, will operate, who will be on it and what its authority will be?

In conclusion, we all welcome a fresh start. We do not underestimate the challenges of restoring normality or dealing with Brexit but sincerely hope that, rather than just a “New Decade, New Approach”, this will stick and deliver for the people of Northern Ireland and the UK for the long term, and that we will not face the prospect of a collapse of the Executive and Assembly again.

[Lord Duncan of Springbank]

My Lords, I welcome the supportive comments of both parties sitting opposite. I have stood here so many times, trying to find new ways of saying that not much has happened. Now, finally, there appears to be the very thing we have all so vehemently wished for, which is a restored Executive.

I will go straight into the questions to allow maximum time for discussion. The joint board itself is an innovation; that is absolutely correct. On the question of who will sit upon it, that will be the First Minister, the Deputy First Minister and the Secretary of State for Northern Ireland. Its purpose is to promote sustainable public services and to bring about transformation. There is a recognition that, after such a long period of time, a number of issues have become bogged down in the absence of decision-making by Ministers and a different momentum is needed to underpin that. The board should meet on a quarterly basis. Noble Lords will also be aware that the Stormont agreement anticipates a fiscal council, which will provide further details of ongoing developments in the budget and useful information to that joint board.

As to the question raised by the noble Lord, Lord Murphy, of how much of the £2 billion is fresh, rather than reheated, money, it is important to stress that the Barnett consequentials have for the first time been guaranteed at £1 billion, irrespective of whether they reach that amount. That is the first element. The second is that there remains £237 million outstanding from the supply and confidence arrangement with the DUP—a separate sum of money that is still, and will be, available to the Northern Ireland Executive. That means that the moneys which I iterated in my remarks are broadly fresh money in that regard. I see the noble Lord, Lord Hain, hovering, or perhaps not; his time will come. It is important to recognise that this is indeed new money, which will do a great deal of good. I am very pleased to announce that the strike by nurses has now been called off because of the acceptance of the settlement, which restores a parity between the different nursing operations across the Irish Sea. That is very important in itself.

The noble Lord, Lord Bruce, raised the question of waiting times. They are a scandal and, in Northern Ireland right now, a serious issue that needs to be addressed. That is why the incoming Health Minister has made this one of his priorities and why money has been put in place to recognise that this does need to be one of the first areas where serious action can happen.

Again, the graduate medical school is an important step forward. It begins to address one of the deficiency problems: that there are not enough health and medical practitioners coming through the system. This will be a small step in that direction.

The question of the integrated schools will now rest with the devolved Minister, so for once I can say it is really over to him to take this matter forward—do I mean him or do I mean her? There is a question, but hopefully Hansard will correct that if I have given the wrong gender. The point is that this is a devolved matter and will be taken forward in that context.

The coming of Brexit, which has been Banquo’s ghost throughout this entire period, now means that the Assembly will have an opportunity for serious discussion and the constitutional arrangements that have been put in place in relation to the legislative consent Motion and procedures around it will now be available and can be operated by the Assembly and the Members of that institution. These developments will go some way to moving this matter forward. I will stop there and let other questions be asked.

European Union (Withdrawal Agreement) Bill

Debate between Lord Bruce of Bennachie and Lord Duncan of Springbank

Committee: 1st sitting (Hansard continued) & Committee stage & Committee: 1st sitting (Hansard continued): House of Lords
Tuesday 14th January 2020 Lords Chamber

[Lord Duncan of Springbank]

The important thing here is twofold. First, we agree on the destination—on where we are trying to go. Secondly, what we just said is that the amendments as drafted, from our position, undermine what we set out in the initial clause. We have said that the initial clause now delivers what we believe is right for Northern Ireland, both in terms of the wider dialogue and the ongoing evolution regarding the joint committee. That is why I would not propose replacing them with our own government amendments, but rather recognise the vitality of the original clauses.

I thank the noble Lord, Lord Hain, because he has put in place a very clear recitation of where he is coming from and, as he said very clearly, I anticipate that this matter will be pressed to a vote next week.

[Lord Bruce of Bennachie]

I want to pick up what was said about the United Kingdom’s customs rules being entirely under the jurisdiction of the United Kingdom—I paraphrase what I think the noble Lord said. However, the agreement is summarised as saying:

“The Joint Committee will establish further conditions under which goods coming into Northern Ireland from Great Britain would have to pay the EU tariff.”


This suggests to me that it is not in fact our exclusive responsibility, but will be jointly determined between the UK and the EU.

[Lord Duncan of Springbank]

In response to that, of course it will be our exclusive view in that negotiation to determine our own position as we respond to that. Again, it rests with us to try to move that in the direction in which we wish it to go.

Again, I am very grateful to the noble Lord, Lord Hain, for being so candid; I welcome that candour, as I always have. In winding up, I say that we need to be able to send the message to Northern Ireland that, through this process, there will be a deep dialogue with each of the affected parties and we will not place any prescriptive elements that will impact on their ability to determine the future that rests before them in terms of how their businesses will work. They need to have very frank discussions with the Government and ensure that, through each stage in that negotiation, there is transparency so that nobody is left behind or surprised, and the reality remains transparent for all to appreciate. I do not believe that it will be straightforward. It is important to emphasise that the protocol itself sets out very clear decisions, but there are still decisions which must be taken by the joint committee of the UK and the EU and which will have to be worked through as we go forward. There is no point in my trying to pretend that that will not be a challenging position.

The important thing to stress is that we are guided by certain principles that rest on the question of unfettered access. I was struck by the word “unfettered”; it is almost a Victorian term. Where did the notion of “unfettered” come from? What on earth is a fetter? It is a shackle, a thing that is linked around your ankles to stop you escaping. We are looking for a situation in which trade can continue in the customs area that the UK sits within, but which also recognises a democratic element in Northern Ireland, to ensure that it is content with the way this matter progresses in the Province of Ulster, and that businesses are content, too. With the newfound Assembly and Executive, this situation will ensure that Northern Ireland has a voice to register this content or discontent and that there is at no point a democratic deficit in Northern Ireland over what the protocol seeks to deliver or, ultimately, what Northern Ireland wants for itself. That will be important as a very strong check on where we go next.

Northern Ireland (Extension of Period for Executive Formation) (No. 2) Regulations 2019

Debate between Lord Bruce of Bennachie and Lord Duncan of Springbank

Thursday 31st October 2019 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Business, Energy and Industrial Strategy and Northern Ireland Office (Lord Duncan of Springbank) (Con)]

My Lords, it is good to be back among noble Lords today. I am conscious that I have had the pleasure of updating your Lordships’ House on Northern Ireland affairs frequently over recent weeks. It should therefore come as no surprise that I seek the House’s approval for this statutory instrument.

The Secretary of State announced on 21 October that he was extending the period for Executive formation to 13 January 2020. That is the only extension permitted under the terms of this Act, and the Secretary of State has no discretion as to the length of that extension. My right honourable friend the Secretary of State took this decision even though he has been making every effort to ensure that there is an Executive that can be sustainably reformed. He was disappointed—I echo and emphasise that—to have to take this step. None the less, it has unfortunately proven necessary. Noble Lords will be aware that, in the absence of Ministers, civil servants have before them a number of responsibilities that would not normally fall to them and we must ensure that they are adequately protected during this period.

As I said on Monday, the reality remains very simple: the parties are close to an accommodation that could see a restoration of the Executive. Only a few issues divide them. But it will take courage and determination for these issues, small though they may be, to be resolved. These regulations ensure that when a new Government return in December, after the election, they can move swiftly to work with the parties and the Irish Government, in full accordance with the three-stranded approach, to break—we hope—the deadlock as swiftly as possible. I know that all of us in this Chamber are very clear that we wish to see a restored Executive for the reasons discussed today and previously occasions. I beg to move.

[Lord Bruce of Bennachie (LD)]

My Lords, I have two things to say to the Minister. It is interesting that he thinks this might be the last step on the way. That may or may not be true. We are on the brink of an election. These issues will be pretty actively debated across Northern Ireland and Sinn Féin, the DUP and the other parties will have to explain why there is no Assembly. The outcome of the election may give an indication of whether the mood in Northern Ireland is shifting to put pressure on those who are not co-operating.

The Minister said that he hopes it will be possible to get the Assembly back and that there are only a few issues. To the extent that we know what they are—they seem to come and go a bit—they are issues for the Assembly to discuss, rather than excuses not to be in the Assembly. There is a certain contrariness about it. From the Minister’s statement, it is clear that the Government are looking towards the possibility of an election breaking the deadlock. The noble Lord, Lord Morrow, said he thought we will be in the same place in a year’s time. I hope he is wrong, and I hope the people of Northern Ireland will prove him wrong. Elections may not fundamentally change the position but they will at least bring it up to date. Last time there was an election in Northern Ireland, it was an election to a functioning Assembly. Now people will have to ask why they have not done it, which may well make a difference. That said, we on these Benches are happy to approve the Motion.

Northern Ireland: Devolved Government

Debate between Lord Bruce of Bennachie and Lord Duncan of Springbank

Monday 28th October 2019 Lords Chamber

[Lord Duncan of Springbank]

Yes.

[Lord Bruce of Bennachie (LD)]

My Lords, how many more times will the Government watch a failed attempt to bring the Northern Ireland Assembly and Executive back into being before they find the kind of initiative that might break the deadlock and give the people of Northern Ireland what they need, which is local politicians capable of delivering and willing to deliver so many things which are hanging undone, unfinanced and undelivered?

Irish Border: Checks and Customs Arrangements

Debate between Lord Bruce of Bennachie and Lord Duncan of Springbank

Tuesday 1st October 2019 Lords Chamber

[Lord Duncan of Springbank]

My Lords, the noble Lord speaks with wisdom on this matter and brings great experience to the question. I can be categorical: there will be no infrastructure at the border. That is the policy of this Government; it continues to be that, and it will be that going forward. As for the technical non-papers, those are matters for discussion with the EU and it would be inappropriate just now to talk further on them, but this House will have ample opportunity in due course to examine them in the thorough and careful detail that I know it will take to do so.

[Lord Bruce of Bennachie (LD)]

My Lords, has the Prime Minister not acknowledged that there will be physical customs posts within striking distance of both sides of the border? Would that in itself, according to the reaction that we have seen across Northern Ireland, not be deemed by most people to be incompatible with the Good Friday agreement? Could the Minister respond to the freight industry’s suggestion that any such proposal would require designated routes, which clearly would require restrictions on other routes across the border and therefore would in themselves be fundamentally disruptive of free movement across the border? This is a non-paper so presumably the Government are sounding the water, but do they not recognise that what they are coming up against is that there is no Brexit arrangement that will not deeply damage the economy and security of the people of Northern Ireland and indeed of the rest of the UK as well?

[Lord Duncan of Springbank]

My Lords, I had the pleasure this morning of waking up to the dulcet tones of my right honourable friend the Prime Minister on the “Today” programme. When he was asked about proposing a customs border five to 10 miles back from the border, he was very clear, saying: “That’s not what we are proposing at all”. I reiterate the point that there will be ample opportunity to discuss this very clearly. It is very difficult to discuss a non-paper when the non-paper is not available to discuss.

Northern Ireland: Trauma Victims

Debate between Lord Bruce of Bennachie and Lord Duncan of Springbank

Thursday 27th June 2019 Lords Chamber

[Lord Duncan of Springbank]

My noble friend makes an important point. He reminds us again that one of the issues drawn to our attention by the victims’ commissioner is how pension rights should be transferred in the sad situation where a victim has passed on. We must get that right as well, to ensure satisfaction for all affected—not only the victims but victims’ families. We will do all we can to move this matter forward.

[Lord Bruce of Bennachie (LD)]

My Lords, the noble Lord, Lord Hain, is to be commended for his tenacity on this issue. He is obviously well versed in it, and the Minister has always been sympathetic. Time is extremely precious, however, and these people do not have time. Does he understand that for many people, however courteous his answers, they sound like a long drawn-out bureaucratic delay on an issue that has been around for years? There is cross-party support for this, it is affordable and there really is no reason for delay. It requires the Government to do something soon—something real—to benefit these people.

[Lord Duncan of Springbank]

Urgency is important but so is getting this right. The noble Lord is right to draw to our attention how long this has gone on—far too long. I am under no illusion about that but the reality remains that the victims’ commissioner has presented to us issues that must be resolved, not least to ensure that all benefit from this moving forward. We can make progress and will do so as quickly as possible. Please do not believe that this is in some way an attempt to kick this into the long grass or anything like that. We need to make progress, and we need to make it now.

Northern Ireland: Inter-party Talks

Debate between Lord Bruce of Bennachie and Lord Duncan of Springbank

Thursday 20th June 2019 Lords Chamber

[Lord Duncan of Springbank]

My answer is categorically no. Unity is not in question; unity is not in doubt. Matters in Northern Ireland must be resolved by the parties in Northern Ireland. Only they can reach the consensus required to deliver a sustainable Executive.

[Lord Bruce of Bennachie (LD)]

Does the House recognise that the upturn in support for the Alliance Party in the recent elections demonstrates that there is a mood in Northern Ireland for reconciliation and compromise, to which the political parties need to respond? In what way will be the Government be prepared to ensure that these talks continue until a conclusion is reached, bringing in outside agencies if necessary, and to legislate in this place if that helps to take pressure off some of the difficult issues? These things can all bring a solution and the people of Northern Ireland have expressed a wish to get a result.

[Lord Duncan of Springbank]

No stone will be left unturned in the effort to secure a restored Executive. The talks going on now are conducted in the most positive of times. It is important that, during this period, we make hay while the sun shines.

Northern Ireland: Historical Institutional Abuse Inquiry

Debate between Lord Bruce of Bennachie and Lord Duncan of Springbank

Thursday 13th June 2019 Lords Chamber

[Lord Duncan of Springbank]

The challenge we face is that, had the political parties in reaching their consensus broadly affirmed the Hart report and all its elements, we could have been taking it forward right now. Unfortunately, there were 13 substantive areas of change that the political parties wished to take forward. These require some time. I cannot give the commitment the noble Baroness would like to hear, but I can say that once we work through those things with the relevant authorities in Northern Ireland we will take it forward as quickly as this House and the other place will allow.

[Lord Bruce of Bennachie (LD)]

My Lords, the noble Lord, Lord Empey, is to be credited for his persistence on this issue. I concur with him that neither this House nor the other is preoccupied at the moment. I hear what the Minister says, but people have waited far too long. There is time to do things quickly and effectively when all the political parties are on side. Will he take that on board? Northern Ireland needs a positive gesture right now. Is this not the right time to deliver this, and not delay it any further?

[Lord Duncan of Springbank]

The important thing to stress is that, were we in receipt of the draft legislation, this House could take it forward very quickly indeed, but we are not. The challenge right now is for the authorities in Northern Ireland that are responsible for this to work through each of the aspects raised by the political parties, to ensure that this can be brought forward in draft. The moment it arrives here we will be able to take this forward very quickly indeed.

Flags (Northern Ireland) (Amendment) (EU Exit) Regulations 2019

Debate between Lord Bruce of Bennachie and Lord Duncan of Springbank

Monday 25th March 2019 Grand Committee

[The Parliamentary Under-Secretary of State, Northern Ireland Office and Scotland Office (Lord Duncan of Springbank) (Con)]

My Lords, the purpose of this instrument is to remove the legal requirement for Northern Ireland government buildings and court buildings to observe Europe Day—9 May—as a designated flag-flying day after the UK has left the European Union.

Flag-flying from government buildings and court buildings in Northern Ireland is regulated by the Flags Regulations (Northern Ireland) 2000. These regulations provide that on certain designated days the union flag—and, in certain circumstances, other flags—may be flown on government buildings. For the purposes of these regulations, a Northern Ireland government building is defined as a building that is wholly or mainly occupied by members of the Northern Ireland Civil Service. In 2002, the flag-flying requirements in the 2000 regulations were extended to court buildings in Northern Ireland.

The instrument is being made under Section 8(1) of the European Union (Withdrawal) Act 2018, which makes provisions to deal with arrangements no longer appropriate after the UK leaves the EU. It is worth noting that Europe Day will cease to be a designated flag-flying day across England, Scotland and Wales following the UK’s exit from the EU. The Department for Digital, Culture, Media and Sport has already amended its guidance to that effect.

When this instrument was first laid, the Secondary Legislation Scrutiny Committee recommended that it should be upgraded to the “made affirmative” procedure so that it could be debated carefully. This is why we are here this evening. I also stress that the power to make these amending regulations under the EU withdrawal Act does not come into force until after exit day. Therefore, subject to the will of Parliament, these regulations will not be made until after exit day has passed. There is every possibility that Europe Day will be marked this year. I beg to move.

[Lord Bruce of Bennachie (LD)]

My Lords, the Minister may be disappointed and surprised to learn that we do not support this statutory instrument. We think it undesirable and unnecessary. None of us can deny that flags in Northern Ireland are a very sensitive issue. Our sister party in Northern Ireland suffered the consequences of the dispute in Belfast in 2012 when its offices were burned out.

This is about a specific flag—the Europe flag—and a specific day. I am very concerned that DCMS has issued guidance—which I presume is not legally enforceable—that, if we leave the European Union, we should no longer fly the Europe flag on Europe Day. This seems a total denial of where this flag came from and what it is supposed to celebrate, which is not the European Union. The flag is in fact much older than the European Union, or even the Common Market: it was, in fact, created in 1955 as the flag of the Council of Europe. It remains the flag of the Council of Europe and the UK will continue to be a member of the Council—for ever, I hope—although the Prime Minister gives the impression that she would like to leave that organisation as well. I would absolutely deplore, as that was one organisation of which we were a founder member.

It is also interesting to note, as a matter of design, that the design of the flag—12 stars against a sky background —represents symbols of perfection. It represents the 12 apostles, the 12 tribes of Israel, the 12 labours of Hercules and the 12 months of the year. It is a symbol of peace in Europe and Europe Day represents peace in Europe, originally foreshadowed by the Schuman declaration. I am pleased that the Minister said that, at least this year, the European flag may continue to fly; at least I think that is what he said, because this year is the 70th anniversary of the foundation of the Council of Europe and it would seem very regrettable then to remove the flag from public buildings in Northern Ireland or anywhere else in the United Kingdom.

I put two questions to the Minister. There is no need whatever for this to be passed, is there not? I am minded—indeed, I intend—to table a Motion to the effect that this statutory instrument should be abandoned and that any such decision as to which flags are flown should be left to the relevant authorities in Northern Ireland as and when they are able to do so. I would also like clarification of what the DCMS guidance means for public buildings in the rest of the United Kingdom where, it seems to me, the Europe flag should fly on Europe Day and other organisations should be allowed to make their own decisions. The only minor detail is whether you fly it on 5 May or 9 May. The European Union chooses to fly it on 9 May, while the Council of Europe flies it on 5 May because that was the date of the foundation of the Council in 1949.

I speak with some passion on this, having been privileged to have been a member of the Parliamentary Assembly of the Council of Europe for six years. I am a passionate believer that the Council of Europe has contributed hugely to the development of, and the sustaining of peace and democracy in, Europe and that the United Kingdom, which Ministers have consistently said may be leaving the European Union—I say may be—is not leaving Europe. I suggest to the Minister that this is a completely inappropriate statutory instrument, that the DCMS guidelines are also completely inappropriate and that the United Kingdom should continue proudly to fly the flag of Europe, not the European Union, on Europe Day.

--- Later in debate ---

[Lord Duncan of Springbank]

The noble Lord makes a point which he has made on many occasions—I do not doubt it. Earlier in his remarks, he said that we could do it on 9 May, but it would be better to do it on 5 May because the Council of Europe has a day that we could celebrate as well. He is now reverting back to 9 May, thereby reversing the points that he made in his earlier speech, and I will therefore set them aisde.

Importantly, we are recognising that in Northern Ireland—as anywhere else in the UK—flags are a sensitive issue. They are heavily regulated. Failure to do so has led not only to mistrust but to civil unrest. We must treat the reality in Northern Ireland with caution. This is why the adjustment to flying the flags on different days, or recognising—as we have not been able to do in Northern Ireland—the additional members of the Royal Family who are entitled to certain flag flying days, cannot happen without the express involvement of the Northern Ireland Assembly. It is absolutely appropriate, given how sensitive this matter is.

We are conflating two issues: Europe and Northern Ireland. When we look back to the period 1998 to 2000 in Northern Ireland, we begin to recognise that the flags issue was not only live, but dangerous. Therefore, we have always tried to move this forward inside Northern Ireland with permission. In this instance, we are making a correction and ensuring that the whole United Kingdom is treated in the same manner.

This brings me to the point raised by the noble Lord, Lord Bruce of Bennachie. Guidance issued by one of the Whitehall departments is different because it is not bound by regulation, as these regulations apply to Northern Ireland. They are not needed here because they are not as controversial. There will be no restriction on the flying of the flag of Europe in many places at council level, wherever they wish to do so. The actual designation of official flag flying days is heavily regulated in Northern Ireland. We are only correcting for the reality that Europe Day will not be celebrated in Northern Ireland because it is the flag of membership of the EU and that will not be true thereafter.

[Lord Bruce of Bennachie]

I am not clear from the Minister’s initial remarks whether he is saying that the flag may be flown this year. First of all, if the longer departure date occurs, we will still be a member of the European Union on 5 or 9 May. I had the impression he said that, in any case, they could fly this year. If that is true, we can forget about this for another year anyway, by which time we can address all the other issues.

[Lord Duncan of Springbank]

I fear that the noble Lord has misunderstood my points. If I may, I will restate and re-emphasise them. I said that this regulation will come in only after we have exited the European Union. As the noble Lord will be aware, the point at which we exit the European Union is not yet clear. If that date is after 9 May, then the flag will fly this year because that regulation will not be amendable. This order amends it only after the point of exit. That is why for this year—I am being very frank—it is unclear whether the flag will fly as per the regulations within the amended 2000 order. Up until that point, I cannot give any greater clarity. We are doing this now because we are able to do it under the existing legislation in order to correct the situation following the European Union (Withdrawal) Act.

There may come a time when those in Northern Ireland wish to reflect on which flags they fly and when they wish to fly them—I have little doubt about that—but until the Assembly comes together to determine that, it will be unable to that matter forward. I note how important this matter has been and I state again, as carefully as I can, that Northern Ireland is the only part of this kingdom in which we have had to regulate the flying of flags. Nowhere else have we had to do so. Nowhere else at council level would we anticipate anything other than the flying of flags which people wish to fly, whether they be a union flag, a European Union flag or flags for other particular purposes. This will no doubt continue. Here we are talking about a very strict and specific piece of legislation which affects only Northern Ireland.

[Lord Duncan of Springbank]

The noble Lord, sitting as he does in a legislature, will appreciate the difference between making law and interpreting how you fly flags. At present, the difficulty he speaks of is not just a difficulty but an illegality: that we would not be able to move forward by adjusting the dates in Northern Ireland because of the restrictions of the law. What we might wish to do beyond that may be described as a difficulty, but what we seek to do here is to be legally correct in this instance. I am aware that the noble Lord has been passionate in his defence of the union flag and the union flag in Northern Ireland. I am also aware of how controversial that flag has been in Northern Ireland, for many different reasons.

The European Union flag we have flown on the ninth, which is flown across Europe, is primarily a flag of membership of the EU. We do not fly it in recognition of our membership of the Council of Europe because, most of the time—if I am being frank as a former Member of the European Parliament—people were rarely aware of the distinction between the Council of Europe and the European Council and the fact that one preceded the other by several decades. Even today, very few people marching on these streets will necessarily draw that distinction.

One of the great sins, I suspect, of this country—indeed, perhaps of our media—is how often we have been unable to explain in clear terms how the EU works, how our responsibilities within the Council of Europe work and the difference between the European Court of Justice and the European Court of Human Rights. We conflate these things constantly and I am fully aware that people right now will probably be unaware that the Council of Europe and in the EU, one heavily predating the other, have the same flag and, indeed, a shared anthem—and have had for some time, albeit that in the EU it is an unofficial anthem. All these things become conflated. The reality we face is simple: under the EU withdrawal agreement that we moved forward last year, this piece of legislation is uncontentious. It is important to stress that the European statutory instruments committee of this House said that, as a matter of policy, there is nothing contentious in the amendments proposed by this instrument.

[Lord Bruce of Bennachie]

It is wrong.

[Lord Duncan of Springbank]

It may be, and the noble Lord may wish to bring that up with that committee. It may well be that he wishes, on this occasion, to determine what flags shall be flown in Northern Ireland, to take that decision and move this in a particular direction. I would counsel against that for many different reasons, not least that, as we have said before, this issue is much more sensitive in Northern Ireland and we must be careful as we look at it in Northern Ireland, particularly as it primarily concerns the union flag. I stress again that it affects the union flag more than the flag nobly described by the noble Lord, Lord Bruce of Bennachie.

The challenges we face are straightforward. We may take this order and move it forward. The noble Lord may decide that is not something he wishes to do and he may wish to debate it further. If we are to debate this further, I suggest that we make sure that there are a number of Members in that debate who hail from Northern Ireland and are able to give their experience on the issue of flags because this is not primarily an issue about European flags but an issue about what flags represent in Northern Ireland. I suspect that he is not liking what I am saying but I fear I am going to have to move forward on that basis.

[Lord Bruce of Bennachie]

I seek guidance from the Chair. I have indicated that I am not happy and I do not wish this to be accepted. I know we cannot vote but I think it should be debated in the Chamber. We have a problem with the Chamber: I am sure that the Irish Members will turn up but we do not have a balanced representation in the Chamber. The second point I want to make is that Europe Day is about peace in Europe, not the European Union.

[Lord Duncan of Springbank]

I am very clear about what Europe Day represents, having been a Member of the European Parliament. I have spent a great deal of my life—10 years—in Europe representing the Scottish Parliament in Europe. I am fully aware of what Europe Day represents. I am also a Minister in the Northern Ireland Office, so I know what flags mean in Northern Ireland and I do not think we should be conflating the two in the manner the noble Lord suggests, but if he is minded to do so that is his prerogative and his right. I remind him only that this is a matter primarily about the union flag, not the European flag.

Northern Ireland (Regional Rates and Energy) (No. 2) Bill

Debate between Lord Bruce of Bennachie and Lord Duncan of Springbank

3rd reading (Hansard): House of Lords
Tuesday 19th March 2019 Lords Chamber

[Lord Bruce of Bennachie (LD)]

My Lords, like other Members, I was somewhat compromised by the early business and not able to be here in time for the start of it. I do not wish to repeat the debate. I want to show appreciation for the amendment in the name of the noble Lord, Lord Empey; the fact I was not able to speak to it was for no reason other than that, although I supported it, I wanted to observe the courtesies of the House—which I noticed not every other noble Lord did.

In those circumstances, I want to say two or three things. First, this Bill presents this Chamber with a choice between a rock and a hard place. Most of us are, I think, very unhappy about the fact that rates and the renewable heat incentive scheme were lumped together in the Bill. While the Minister did not acknowledge that that was a tactic, he did say it was something he did not approve of and hoped would not happen again.

My second concern is that we were faced with the situation—it probably determined why the noble Lord, Lord Empey, withdrew his amendment—that if we passed the amendment, there was a danger people would receive no payment on 1 April, which is a consideration. At this stage, it is important to acknowledge that the Minister has clearly presented a constructive compromise—but, as the noble Lord, Lord Empey, pointed out, one he does not have the authority to guarantee. The House has accepted that in good faith but with real concerns as to where it might lead us. Had we supported the amendment from the noble Lord, Lord Empey, the consequences might have been difficult.

Like most other Members, I have received emails from a number of different businesses across Northern Ireland—not all of them farmers—expressing their angst and concern. I have engaged with them, responded to the emails and forwarded them all to the Minister. I do not need to repeat it, but we need to acknowledge that we are passing a Bill that effectively—how can I put this?—gives authority to the denial of ministerial responsibility for giving guarantees and assurances on which people relied and on which they have been betrayed. I am not comfortable with giving a Bill that does that a Third Reading, and I do not think your Lordships should be either.

The thought that has occurred to me throughout the whole process around the renewable heat incentive scheme is this: the 12% return was known from the beginning, as the Minister acknowledged. I find it difficult, if not impossible, to believe that on two separate occasions the Northern Ireland Executive introduced tariffs which could not conceivably have come close to representing a 12% return on the investment and which were, as anybody providing any objective analysis would very quickly have observed, in breach. That raises the most fundamental questions of propriety, honesty and integrity, of both politicians and, I am afraid, civil servants too. My instincts, however, are that civil servants did not understand what they should have, but I do not think that lets them off the hook.

People will look for a price to be paid, and the two prices to be paid are these. First, will the people who genuinely relied on this and suffered get compensation? Secondly, in the process of doing that, are we in danger of compensating people who took advantage of the system and who could get an extra twist out of it? That, I suggest to the Minister, is something that we need to avoid.

Having said all that, we have no choice but to pass this Bill tonight. However, we should record that it is being passed under duress, at speed, without adequate consultation and with consequences to follow both in the courts and in the political arena that will probably haunt Northern Ireland for many years to come.

[The Parliamentary Under-Secretary of State, Northern Ireland Office and Scotland Office (Lord Duncan of Springbank) (Con)]

My Lords, perhaps I may touch upon the remarks of my noble friend Lord Cormack. My team will reach out to him very shortly on the question of the Assembly and what we might well be able to do to go forward. There is no doubt that there are lost voices in Northern Ireland. Perhaps now more than ever those voices would have been appreciated and might well have been instructive, and they must be heard. I will return to my noble friend in the next few days, I hope, but certainly very soon.

The noble Lord, Lord Bruce, and my noble friend Lord Cormack talked about the notion of being bounced into this situation. In the absence of a Northern Ireland Executive, we must ensure adequate scrutiny in this place and the other place of issues that have a significant impact on the lives and livelihoods of the people of Northern Ireland. Of that, there is no doubt. We must ensure that we, the Government, do better at allowing for that scrutiny and at allowing time for questions to be asked. I fully appreciate that. I accept every point that has been made. I will take them away and do all that I can to change the way in which we do business, which is inadequate for this moment and for the times that we are in.

As the noble Lord, Lord Bruce, pointed out, we are between a rock and a hard place—between a deadline and a necessity. We are between the hardships that we have witnessed through the emails and letters that we have received, and the reality of the challenge of an impending grandfather clause that would place everyone else who is in that situation in a far worse predicament. Therefore, I accept again that this is ill timed.

The noble Lord, Lord Bruce, is right to point out that I cannot give a guarantee on behalf of the Northern Ireland Executive—I am not equipped to do so, constitutionally speaking—but I could not in good faith return to this House if I were not able to live up to the statement that I have made today. I hope that noble Lords will accept that statement and the intent with which it has been given. I hope they will recognise that it has been given on my word of honour, and I will not come back here unless we can live up to the statements that I have made.

Today, as in every situation when we look at Northern Ireland, we have to tread as carefully as we can. On one hand, we are bound by state aid rules, which place upon us a responsibility. On the other, we are bound by the realities faced by many individuals who have written to us about the hardship they are experiencing. I hope that the noble Lord, Lord Empey, who is now in his correct place, will recognise that his efforts and labours on behalf of those individuals have been well landed and well understood. I also hope that, on the basis of the withdrawal of his amendment and my promissory note about what we can do, we will be able to move forward to achieve that fairness, equity and, ultimately, justice.

Northern Ireland: Devolved Government

Debate between Lord Bruce of Bennachie and Lord Duncan of Springbank

Monday 18th March 2019 Lords Chamber

[Lord Duncan of Springbank]

I am unaware of any Stormont lock and cannot comment upon that. On the question of where we stand as a country, the constitution must be respected, as must devolution. That is why we have sought to restore devolved government in Northern Ireland by every means possible over the past period. Without it, direct rule from here would be a terrible retrograde step.

[Lord Bruce of Bennachie (LD)]

My Lords, does the Minister not acknowledge that the longer this stalemate goes on, the more polarised politics in Northern Ireland becomes and the more dangerous the situation is? Will he not follow up things he has suggested before, including making the Assembly active while positive measures are taken to restore the Executive, rather than determining to get an Executive before the Assembly comes together, so that politicians at least meet each other?

[Lord Duncan of Springbank]

The noble Lord is correct: polarisation is a great risk in Northern Ireland. As we have said before, we are making every endeavour to restore the Assembly and are exploring every possible way. On my previous time at the Dispatch Box, I said that I would sit down with noble Lords who have an interest, hopefully to take this matter forward.

Northern Ireland (Ministerial Appointment Functions) Regulations 2019

Debate between Lord Bruce of Bennachie and Lord Duncan of Springbank

Monday 18th February 2019 Lords Chamber

[Lord Duncan of Springbank]

My Lords, as with other debates on Northern Ireland, this is one of two halves. I will focus on the first half, which concerns the instrument itself and some elements of it, and then move on to the wider issues which have been raised.

My noble friend Lord Lexden asked a number of questions to which I will attempt to provide answers. The first thing to emphasise is that the appointments have been identified by the Northern Ireland Civil Service. The principal criterion for that identification was obviously timing. My noble friend is absolutely right to say that this should have been brought before the House earlier, but we have to bring all the measures together. I accept my noble friend’s first point and apologise to him: they should have come forward earlier.

The second point concerns when the broad functioning elements of the boards become, if you like, out of kilter with the membership. There needs to be a recognition of the balance of the members on the individual boards themselves. A number of the appointed chairs and vice-chairs have reached the end of their terms, which in itself creates the need to move forward. Some have indicated their intention to accept an extension, and that is the likely outcome. However, again, the key aspect has been identified by the Northern Ireland Civil Service, not by Ministers in the Northern Ireland Office. It is our intention to do so only as far as the legislation allows, in order to move the situation forward in that regard, following the detailed advice we have received. There may be other information I can provide and if so I will make sure that it is conveyed to my noble friend directly and shared more widely. I have no desire to keep secrets on this issue.

My noble friend is also correct to say that there will be others unless we resolve this matter. In answer to the question, “Which others?”, it will be all the others, frankly, unless we can get this moving. Every appointment will be done in this way until we actually have a functioning Executive. I am not trying to exaggerate the case or make it seem worse than it is, but that is the reality of where we are. Until there is an Executive, this legislation will allow us to move forward with each appointment that is required. While it is true to say that we may think that some are more important than others, all of them are important to the good functioning of governance in Northern Ireland, be it those I have iterated today or those that will be need to be iterated in the future, should we not make progress on an Executive. Perhaps that is a rather dispiriting answer, but it is the correct one.

Before I turn to the broader elements, I should say that I welcome the support of the House for the instrument, which is a necessary one and will help in the functioning of these bodies. I was anticipating a broad discussion, so perhaps I may say this. On Friday of last week all the parties gathered together in Northern Ireland. It was the first time that that had happened in more than a year and it was an attempt to move things forward in a fashion which would ultimately lead to the creation of a sustainable Executive. Noble Lords may have read about the outcome of that meeting. It was not wholly supported by the Sinn Féin party, which has made its points very clear in the newspapers, which your Lordships are more than at liberty to read. I was saddened to read those reports but they are a matter of public awareness. That is not good and there is no point in pretending otherwise.

The Northern Ireland Office had hoped that, using this, we would be able to see the steps which could be taken to bring about the very things that the noble Lord, Lord Murphy, has put to us. He mentioned the notion of an independent facilitator. Like my noble friend Lord Cormack, I do not like the term either, but I accept that it is one we are using at the moment. I also recognise the need to think outside the traditional, such as, “Let us always meet in the same office space”; rather, we should be thinking of new places. I had hoped that out of these gatherings a clear timetable would emerge to bring about those very things, and to be able to stand before noble Lords today repeating a Statement from the other place on what we all hoped would happen. We did not make the progress we had hoped for, and for that I am sad and sorry. That does not mean that we stop or that this is the end of the journey, but it has not led to the breakthrough I hoped to see. That is a simple statement of fact.

None the less, we cannot in good conscience fail to address the issues raised by the noble Lord, Lord Empey. He is correct to say that noble Lords will be seeing a bit more of me over the next few weeks, I am afraid, because I will be bringing forward further legislation. Not the least will be the Northern Ireland Budget, and I do not doubt that the noble Lord will make the points that need to be made on the health service, the wider education service and so on.

You might recall that this time last year, when I spoke of that Budget, I said it was getting ever more difficult to plot the trajectory from the point of the outgoing Executive and their spending ambitions to where we are now. It is getting considerably harder. Last year I said that that would be the last time I would make that point, and events have made a liar of me: it was not the last time. I hope the one coming will be the last time, but the noble Lord rightly raises his eyebrows, and I take that on board. There is also the issue of the five-month extension window, anticipated in the Act of last year, within which we can look at delivering the Executive. The noble Lord, Lord Empey, is quite correct that that will necessarily have to be brought forward in the next few weeks as well. He is right to flag these things up.

I struggle to find new ways to tell noble Lords the same thing. I do not wish to sound complacent as I do so, but finding new ways to say this is proving difficult. Ultimately, the only way we will be able to move this forward is for the parties themselves to recognise the need for progress. Until that happens, the Government themselves will be unable to create the “eureka” moment. It is not wholly in their gift.

[Lord Bruce of Bennachie]

The Minister is making a powerful and practical point, but why cannot the Government proceed with some kind of independent mediator? Exactly as others have said, the perception of a Government who are parti pris does not help and makes it much easier for Sinn Féin to do and say the things it does. I am not naive—I am not saying that it would not say that to an independent mediator—but why are the Government finding it so difficult to move forward on that?

[Lord Duncan of Springbank]

The noble Lord is right to raise that point. There are only so many times I can talk about the box metaphor and thinking outside it before noble Lords become tired of that. We had hoped, through those discussions last week, to get some coherent agreement on moving things forward on that basis, and we were not able to do so. We now have to think afresh. We have to think whether that can be done without the support of all the parties involved. These things need to be thought through again. I am not trying to postpone answering the noble Lord’s question, but I am aware that we have not been able to resolve it in the fashion I would like. That remains at the heart of the problem.

Northern Ireland: Devolution

Debate between Lord Bruce of Bennachie and Lord Duncan of Springbank

Thursday 14th February 2019 Lords Chamber

[Lord Duncan of Springbank]

The noble Lord makes valid points, as would be expected from someone of his experience. He is correct to use the word “catastrophe” in his description of the situation in Northern Ireland. The voices of that Province have been silenced during this important time, not least in the Brexit process but elsewhere as well. He asked the important question of whether there is a plan. Yes, there is. My right honourable friend the Secretary of State for Northern Ireland has been working to bring together all parties, representing all parts of the community. As we have said in the past, we have not taken off the table any suggestion of an independent chair to facilitate what I hope will be ongoing discussions. During that period which we have opened up to deliver a functioning Executive—which, noble Lords will recall, closes on 23 March—we hope to make progress.

[Lord Bruce of Bennachie (LD)]

My Lords, the absence of the Assembly in Northern Ireland has disastrously aggravated the polarisation of politics in the Province, as Assembly Members have simply retreated to their own communities and disengaged from the political process. Does the Minister recognise that there is now a requirement on the UK Government to take a positive initiative to try to bring people back into the political process—for example, by reconvening the scrutiny committees and by appointing an independent mediator who can bring the parties together to find a solution—and in the process perhaps releasing the Government from their captivity by one minority party in Northern Ireland?

[Lord Duncan of Springbank]

I assure the noble Lord that we are not held captive by any party in Northern Ireland.

Northern Ireland: Devolved Government

Debate between Lord Bruce of Bennachie and Lord Duncan of Springbank

Thursday 24th January 2019 Lords Chamber

[Lord Duncan of Springbank]

The noble Lord has made that point as indeed have many others on that Bench. We are actively considering a facilitator to bring about greater communication between the parties, and we hope that that will lead to the breakthrough that we need.

[Lord Bruce of Bennachie (LD)]

My Lords, there is a real possibility now that Brexit may be extended well beyond the deadline in legislation for restoring the Assembly in Northern Ireland. In those circumstances, in accordance with what the noble Lord, Lord Dubs, just said, is it not time that the Government appointed a mediator to get the parties together to propose interim solutions such as re-establishing the scrutiny committees and to stop allowing the parties to blame each other for their total abdication of responsibility?

[Lord Duncan of Springbank]

As the House has heard already, the noble Lord, Lord Callanan, made it very clear that we will not extend this particular process at all. That is not the intention of the Government. However, we need to recognise that, irrespective of Brexit, this is about good governance in Northern Ireland, and there is no good governance in Northern Ireland today. We cannot solely rely on a Civil Service to deliver what elective representatives should do. We recognise that for what it is. We are now in the twilight of that particular opportunity: it will darken, and we will move on.

Scotland: Transport Policing

Debate between Lord Bruce of Bennachie and Lord Duncan of Springbank

Tuesday 18th December 2018 Lords Chamber

[Lord Duncan of Springbank]

My noble friend makes a very valid contribution. The success rate of British Transport Police is considerably higher than that of the other police forces. On the reasoning behind the Scottish Government’s move, it is not for me to seek to define the indescribable workings of the Scottish Government. None the less, I suspect there might be something in what he says.

[Lord Bruce of Bennachie (LD)]

My Lords, the Scottish Government have been struggling for years with the consequences of the flawed creation of Police Scotland. It is abundantly clear that integrating British Transport Police into Police Scotland is beyond the capacity of the Scottish Government to manage. Do the Government take the view in these circumstances that they should either postpone this until it can be done without disruption or recognise, if that is not possible, that they should abandon the plan altogether?

[Lord Duncan of Springbank]

The Scottish Government will not progress with their initial plans; that is the first thing to emphasise. The important thing, which I stressed the last time I commented on this matter, is: if it ain’t broke, don’t fix it.

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Debate between Lord Bruce of Bennachie and Lord Duncan of Springbank

Committee: 1st sitting (Hansard): House of Lords
Tuesday 30th October 2018 Lords Chamber

[Lord Duncan of Springbank]

My Lords, it is not often that we find unanimity in such a fashion, so let us grab it with both hands. I fully recognise the importance that Members accord this issue. It stands alongside the earlier matter raised by the noble Lord, Lord Hain. I hope the House will welcome the fact that the Northern Ireland Civil Service has advised that it is currently preparing draft legislation based on the recommendations of the Hart inquiry, which it will publish very soon. On the basis of that there will be a full public consultation, to ensure that we can move this matter forward, and it will be our intention to do so within a sensible time. There is unanimity on this issue and I believe we can make progress on it. I hope that is enough to give the noble Lord who moved the amendment some comfort.

[Lord Bruce of Bennachie]

I am grateful to the Minister for his characteristically sympathetic response, and obviously for the practicality that civil servants are bringing forward legislation. That does, of course, raise the question of how and when such legislation could be implemented, given the present lacuna. So I add the proviso that I hope the Government will ensure that the timetable is not open-ended. This does not have to wait for ever, or for the return of the Assembly.

A point has been raised about the responsibility of those who perpetrated the abuse. Yes, I agree—but I also caution that I would not want that to be used as an excuse to create an argument that would delay things. It seems to me that there is absolute agreement about what should be done and how it should be done. It is good that legislation is happening, but it is slightly concerning that this requires legislation rather than executive action. There seems to be enough in the Hart recommendations to pretty well constitute the basis of legislation, which could be implemented as an executive action. With the proviso that I hope the Government will not allow this simply to languish as one of the issues waiting for the Assembly to return, I am willing to withdraw the amendment.