Official Controls (Northern Ireland) Regulations 2023

Debate between Lord Bruce of Bennachie and Lord Morrow

Wednesday 1st March 2023 Lords Chamber

[Lord Morrow (DUP)]

My Lords, I thought by now that this House would be acutely aware of how Northern Ireland is governed, but obviously it is not. We have heard comments here tonight that allude to majoritarianism. Northern Ireland is not governed that way, nor has it been. As a matter of fact, from the time I came of voting age Northern Ireland has not been governed that way.

Sinn Féin pulled down the Northern Ireland Assembly for a period of three years. I have been in this House since 2006—I know I do not look that age but I am—and I have never ever heard a single word from the Benches opposite in condemnation of what Sinn Féin had done.

[Lord Bruce of Bennachie (LD)]

That is not true.

[Lord Morrow (DUP)]

Hold on; I did not hear it —and I certainly did not hear it from the Liberal Benches.

We need to get this into our heads. What will happen if you leave one large section of the community behind, as has been advocated here tonight and was advocated from the same Benches in an earlier debate when it was said that if we do not get on with it, Dublin is waiting and will take you over—another threat? It is time that this House, and in particular the Opposition Benches, acted like adults. Do your Lordships not read any history at all? Do you not understand that we had 3,500 people slaughtered on our streets? Does it not dawn upon your souls that we do not need or want to go back to that? Please: we do not govern by majority.

There is this idea of introducing a new voting system and leaving unionists behind—they are naughty boys and girls over there, so we will leave them behind. What happens when it turns round the other way? The noble Lord, Lord Bruce, is a very intelligent man, but he needs to start looking at reality. When you leave one community behind in Northern Ireland, it is a recipe for disaster. It will not work. Just because Sinn Féin has got a few extra seats and the unionists—who we represent the majority of—have not, people think that this is the time to move on. That is a recipe for disaster. Anyone who pushes down that road will live to regret it, and will see that it just does not work, even though it is the other way round. I hope the noble Lord takes cognisance of that.

Many pieces of secondary legislation are introduced without so much as a murmur from the public. It is striking that these proposals resulted in 18 submissions being made to the Secondary Legislation Scrutiny Committee, which published them. Together they amounted to a 48-page document. I am sure that all Members opposite and elsewhere have read them. Most of these submissions are from hauliers, expressing deep-seated concerns about the building of border control posts to service a border within the United Kingdom—a point adequately made by the previous speaker.

A number of submissions from beyond the hauliers made the important point that the purpose of these border control posts was to uphold the integrity of the different legal regime that pertains to Northern Ireland. This is because we are now subject to laws in some 300 areas which are different from those pertaining to the rest of the United Kingdom. I have never heard the Lib Dems refer to that, but maybe I missed it too. Moreover, these laws are the result not of devolution, but of an imposition on us by a polity of which we are not part and on which we have absolutely no representation. These border control posts therefore constitute the border of our disfranchisement; we have been disfranchised. I hope that Members will take note. It is their purpose to protect and uphold the legal consequences of our disfranchisement.

It is quite extraordinary that we should be considering such provisions today, less than two months from the anniversary of the signing of the Belfast agreement, which has now been in existence for almost 25 years. It has had its hiccups and its difficult days, but what novel agreement does not? In signing that agreement, the state parties—the United Kingdom and the Republic of Ireland—committed themselves to upholding the rights of the people of Northern Ireland to pursue their democratic, national and political aspirations at the level at which those rights were enjoyed at that time. In 1998, the people of Northern Ireland could stand for election to make all the laws to which they were subject, or they could vote for fellow citizens to represent them. Those rights were upheld until 1 January 2021, when the state parties turned their back on that obligation, approving a dramatic erosion of our democratic rights. Today, the law shouts out that the people of England, Wales and Scotland are worthy of the right to make all the laws to which they are subject, just as it shouts out that the people of Northern Ireland are worthy of the right to make only some of the laws to which they are subject. It is the job of these regulations to hold the integrity of the legal regime resulting from our humiliation.

In the last couple of days, we have heard about the Stormont brake which, it is suggested, will fix the democratic deficit. Doubts have already been expressed about whether it will ever be possible to use the brake, or even to find it. This all misses the point. Citizenship of the United Kingdom is about citizenship of a parliamentary democracy wherein we can stand for election and make all the laws to which we are subject, or can elect fellow citizens to undertake this task for us. If we have concern about a Bill, we can contact our legislator and ask for a meeting. They can represent our concern in Parliament in the making of the law, by tabling amendments and making the case for the rest of the Parliament to change what they believe is necessary.