Northern Ireland (Miscellaneous Provisions) Bill

Debate between Lord Butler of Brockwell and Baroness Randerson

Tuesday 25th February 2014 Lords Chamber

[Lord Butler of Brockwell]

I am grateful to the noble Baroness but I am afraid that she is not assuaging my concerns. In Committee, she gave me a precise undertaking. Today she has said that the Government were open to the idea of introducing the same kind of statutory safeguards for the Northern Ireland Civil Service as exist in the rest of the United Kingdom. In Committee she went much further than that and said that we would be moving to devolution with safeguards that would have the kind of statutory enforcement that exist for England. Is that going to happen before devolution or not?

[Baroness Randerson]

I hope to come to that in the latter part of my response. I was attempting to respond to the noble Lord, Lord Butler, on the specific issue of the process. Prior to the intervention I was saying that the House would have the final say on whether devolution should take place when an order to that effect was proposed. However, in responding to the comment of the noble Lord, Lord Butler, I should make it clear again that the Government are committed to protecting the independence of the Civil Service Commissioners and that we fully understand the concerns expressed about the future independence of the Northern Ireland Civil Service.

We recognise the significant and important role played by the Civil Service in Northern Ireland and, in the light of the concerns expressed, the Government propose to bring forward an amendment at Third Reading which would require the Secretary of State to lay a report before both Houses on the independence of the Northern Ireland Civil Service prior to bringing a devolution order. In her report the Secretary of State will be required to set out her view of the effect of devolution on the principle that persons should be selected for appointment to the Northern Ireland Civil Service on merit and on the basis of fair and open competition. That approach flags up the importance your Lordships attach to the question. We would wish the House to be reminded of that at a later date when and if a devolution order is brought forward.

The noble Lord, Lord Lester, asked whether discrimination is possible at this point in time in the Civil Service. There are extensive safeguards in Northern Ireland law and in the 1998 Act against discrimination in employment and, more generally, against discrimination by public authorities. I am sure that on this issue it would be more significant if I responded to the noble Lord in detail, possibly by letter, which I could place in the Library.

Northern Ireland (Miscellaneous Provisions) Bill

Debate between Lord Butler of Brockwell and Baroness Randerson

Monday 3rd February 2014 Lords Chamber

[Baroness Randerson]

Absolutely. The noble Baroness is entirely correct. I had hoped I had made it clear in my opening remarks on this issue that the Government fully support the principle and intend to ensure that safeguards are put in place. However, they believe that there should be public consultation to ensure that those safeguards are as full and detailed as is necessary. The Government also believe that although the intention of the noble Lord’s amendment is entirely satisfactory in many respects, it is deficient in technical terms because the safeguards it specifies are nowhere near detailed enough compared with those for the Civil Service in England.

[Lord Butler of Brockwell]

The Bill contains the powers to devolve this function of the Civil Service Commissioners. If we are going to put that in the Bill, surely the sensible time to legislate for the safeguards is at the same time as making that provision. If not, why have this provision in the Bill? If the provision is to go ahead, the Government ought to undertake such consultation as they think necessary but introduce a suitable amendment on Report.

[Baroness Randerson]

The Government are listening very carefully to what is said this afternoon, which will inform the content of our consultation paper when it is produced, and we will take close account of what is said more generally by parties and public figures in Northern Ireland. The body that it is proposed to devolve—the Civil Service Commissioners—has, as the noble Lord pointed out, raised our awareness of this issue and is very much involved with the whole process. I should point out that there will be a vote here and in Stormont before the Civil Service Commissioners are devolved. Therefore, noble Lords will be able to discuss once again the details of the safeguards to be put in place as regards the impartiality of the Civil Service. I hope that noble Lords who have spoken this afternoon will contribute fully to the consultation that will take place in due course. However, for the present, I hope that the noble Lord will not press the amendment. I cannot agree to it for the reasons I have outlined—namely, it is technically deficient and does not provide the detail that is required properly to protect the impartiality of the Civil Service in Northern Ireland.

--- Later in debate ---

[Baroness Randerson]

In public consultation in Northern Ireland, the Government look particularly at a consensus across parties and communities. Therefore, it seems to me highly unlikely that there would be a consensus of opinion—a broad agreement across parties and communities—that there should not be an impartial Civil Service. That would be highly unlikely. In that consultation, we would be looking for the details that we would require for proper safeguarding of the position of civil servants in Northern Ireland.

[Lord Butler of Brockwell]

I am very sorry to ask the Minister one more question. She said that there would be a further vote before devolution took place. Can she say that, if there is agreement that these principles should be applied, the effect of that vote would be to give them statutory force?

[Baroness Randerson]

It is the Government’s intention that we would be moving to devolution with safeguards that would have the kind of statutory enforcement that exists for England. I hope that satisfies the noble Lord.