Northern Ireland
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Lord Caine
That an Humble Address be presented to His Majesty welcoming the return of the devolved institutions in Northern Ireland, re-affirming the importance of upholding the Belfast (Good Friday) Agreement 1998 in all its strands, acknowledging the foundational importance of the Acts of Union 1800, including the economic provisions under Article 6 of those Acts, and recognising that, consistent with section 23(1) of the Northern Ireland Act 1998, executive power in Northern Ireland shall continue to be vested in His Majesty, and that joint authority is not provided for in the Belfast (Good Friday) Agreement 1998 in respect of the UK and Irish Governments.
The Parliamentary Under-Secretary of State, Northern Ireland Office (Lord Caine) (Con)
My Lords, before I start, I put on record my personal tribute to the late Lord Cormack, who died suddenly over the weekend. Many noble Lords will know that Patrick was a very distinguished chairman of the Northern Ireland Affairs Committee in the other place and took a huge and highly informed interest in Northern Ireland affairs. He was hugely supportive of me, both as a new Member in this place in 2016 and subsequently as a Minister, even when we disagreed on certain issues. His contributions to our debates on Northern Ireland will be sorely missed.
The humble Address welcomes the return of the devolved institutions in Northern Ireland; re-affirms the importance of upholding the Belfast/Good Friday agreement 1998 in all its strands; acknowledges the foundational importance of the Acts of Union 1800, including the economic provisions under Article 6 of those Acts; recognises that, consistent with Section 23(1) of the Northern Ireland Act 1998,
“executive power in Northern Ireland shall continue to be vested in”
His Majesty; and that joint authority is not provided for in the Belfast agreement in respect of the UK and Irish Governments.
We have now seen the return of the devolved institutions in Northern Ireland, following the publication last month of the Command Paper Safeguarding the Union. I know I speak for most noble Lords in welcoming these extremely positive developments, after Northern Ireland had been without a devolved Government for two years. Indeed, Northern Ireland has been without a devolved Government for some five of the past seven years. We have already seen what can be done when the political parties are back in government, working together to deliver for those who elect them. Aided by the £3.3 billion of funding provided by the UK Government, the Executive have already decided to allocate over £685 million to allow conversations to commence between employers and trade unions in relation to public sector pay.
The Government’s significant, fair and generous spending settlement will also allow the Northern Ireland Executive to stabilise public services, better manage public finances, increase opportunities for improved infrastructure and investment and pave the way for the transformation of public services. We now look forward to working with the new First Minister and Deputy First Minister and all their ministerial colleagues in the Executive to deliver these shared objectives, and eagerly await a sustainability plan for Northern Ireland’s finances, including proposals for revenue raising, following the discussions that took place between my right honourable friend the Secretary of State for Northern Ireland and the political parties on these issues at Hillsborough Castle prior to Christmas.
I move this humble Address today to welcome the return of devolution and honour the Government’s commitment in the Command Paper to provide a mechanism for Parliament to affirm its support for the Acts of Union, and outline that there is no basis in the Belfast agreement for joint authority arrangements with the Government of Ireland. The UK Government’s commitment to the Belfast agreement in its totality is unwavering. As I have said many times in your Lordships’ House, the agreement is the bedrock of all the progress that has been made in Northern Ireland during the past 26 years. Part of the genius of the agreement, for me, is that it accommodates different aspirations while allowing people to work together for the good of the whole community—something I hope we will now see on a sustainable, long-term basis.
The restoration of the strand 1 institutions is therefore welcome news, and I am hopeful that we will soon see the North/South Ministerial Council and other strand 2 implementation bodies return to full operation, alongside the meetings of the British-Irish Council and British-Irish Intergovernmental Conference that are already scheduled to take place in the coming months. It is this three-stranded approach—this delicate, careful, interdependent balance —that will honour the spirit and letter of the agreement, providing a fitting tribute to those who, some 26 years ago, helped deliver the agreement that is, as I have just said, the foundation of so much peace and stability in Northern Ireland. I pay tribute, as always, to the noble Lord, Lord Murphy of Torfaen, for his contribution and role in delivering that agreement in 1998.
To be clear, this Government will always uphold the long-established three-stranded approach to Northern Ireland affairs, meaning that internal arrangements for the governance of Northern Ireland, including any potential reforms to the institutions, are for the Northern Ireland parties and the UK Government to decide. This humble Address also rightly acknowledges the foundational importance of the Acts of Union 1800, including the economic provisions under Article 6 of those Acts. The Government are clear that the new arrangements committed to in the Command Paper, including the UK internal market system, ensure the smooth flow of trade across the UK. Our determination to ensure that that happens was demonstrated when we enshrined the unfettered access of qualifying Northern Ireland goods to the whole UK internal market.
The final part of this humble Address relates to the constitutional status of Northern Ireland. The Belfast agreement and the Northern Ireland Act 1998 are explicit that any change to the constitutional status of Northern Ireland would require the consent of a majority of its people. The UK Government are absolutely clear that there is no basis to suggest that, at present, a majority of people in Northern Ireland wish to separate from the United Kingdom. Our position is therefore straight- forward: Northern Ireland has a bright and prosperous future within the union for as long as the people of Northern Ireland wish it. As a Conservative and Unionist Government, that is something we warmly welcome.
What we cannot countenance and will not consider is what some have described as “joint authority”—a vague and frankly ill-defined concept that would see the UK and Irish Governments somehow exercise joint sovereignty over a part of the United Kingdom. That will not happen, either de facto or de jure. The agreement sets out two constitutional futures: Northern Ireland as fully part of the United Kingdom or wholly part of a sovereign, independent united Ireland. There is no third way. The UK Government are absolutely clear that the consent principle of the Belfast agreement governs the constitutional position of Northern Ireland. We will not countenance any arrangements that are inconsistent with that. It follows, therefore, that Northern Ireland is not some kind of hybrid state. It is, under the consent principle, clearly and unequivocally an integral part of the United Kingdom.
My central motivation is to make Northern Ireland work and flourish, and to do so for everyone, regardless of their community background or ultimate political aspirations. That requires fully functioning devolved power-sharing institutions, with locally elected politicians taking decisions over local matters, accountable to a local Assembly. I once again welcome the decision of the leader of the Democratic Unionist Party, Sir Jeffrey Donaldson, to return his party to Stormont, backed by the legislation that has now been passed in both Houses of Parliament. As local representatives work again in the interests of the people who elected them, we remain committed to building a brighter, stronger and more prosperous future for Northern Ireland within the United Kingdom, and that is what this humble Address affirms and delivers. I beg to move.
Lord Caine (Con)
My Lords, I rise to close the debate on this humble Address and thank all those who have participated in it. I am grateful to noble Lords who have directed kind words to me as a Minister at the Dispatch Box, particularly my noble friend Lord Godson and the noble and right reverend Lord, Lord Eames, whom it is always a huge pleasure to hear speak on Northern Ireland affairs.
At some point during the discussions this evening, I was reminded of the late Willie Whitelaw’s quip about déjà vu all over again. We have gone over quite a lot of this territory as recently as a fortnight ago, when we debated statutory instruments, so with the leave of the House I might not refer to every single issue that has been raised; otherwise, we risk being here until midnight. There were a number of references to Bushmills. Duties or not, I look forward to enjoying one in about half an hour.
As I said in my maiden speech in your Lordships’ House some years ago, and as my noble friend Lord Lexden knows all too well, I am, and remain, an unapologetic unionist, steadfast in my belief that the best future for Northern Ireland will always be as an integral part of a strong and prosperous United Kingdom. We are, as a number of noble Lords reminded us, the most successful political and economic union in the world—something on which most noble Lords in this House will agree. I strongly endorse the words of the noble Lord, Lord Dodds of Duncairn, my noble friend Lord Lilley and many others about the importance and value of the union of the United Kingdom.
I also want to very briefly address the points made by the noble Baroness, Lady Ritchie of Downpatrick. Of course, we recognise that there are people in Northern Ireland who hold a different view and desire a different constitutional outcome, and the agreement is very clear in respect of the rights of everybody in Northern Ireland to parity of esteem and equity of treatment, no matter their political aspiration. We believe strongly in upholding that.
The debate this evening has reiterated our unwavering support for the union. We have reaffirmed the importance of upholding the Belfast agreement in all its strands. The noble Lord, Lord Murphy, was right to remind us of—as I said in my opening speech—the interlocking nature and interdependence of those three strands.
The noble Baroness, Lady Ritchie, asked me about future meetings of the British-Irish Intergovernmental Conference. It is due to meet in the spring and work is in progress in that respect. The British-Irish Council is, I think, due to meet later in the summer—normally around June or July. The North/South Ministerial Council is a Strand Two matter, not one for the UK Government, but I hope it will meet very shortly.
We have acknowledged in the debate the foundational importance of the Acts of Union 1800, including the economic provisions under Article VI of those Acts. Unlike the noble Lord, Lord Bew, I have not yet consulted the speeches of Pitt the Younger during the passage of the Acts, but he has inspired me to maybe look more closely at some of the aspirations that he and Castlereagh set out at the time.
We have also, importantly, recognised that joint authority is not provided for in the Belfast agreement in respect of the UK and Irish Governments. The noble Lord reminded us of the New Ireland Forum. I will not necessarily repeat the words used by Mrs Thatcher at the time but I have strong sympathy with them, just as I do the views on the subject raised by my noble friend Lord Lexden.
The regret amendment in the name of the noble Baroness, Lady Hoey, which was supported by some noble Lords behind me, pertains to the requirements for passing a consent vote on the application of the Windsor Framework and its purported effect on the Acts of Union more generally. I note that the noble Baroness’s amendment is very similar to a manuscript amendment she moved in Committee on the Northern Ireland (Ministers, Elections and Petitions of Concern) Bill, long before the changes set out in the Windsor Framework and the Command Paper.
The noble Baroness followed quite closely a number of the arguments that were made in the court cases that took place on these issues. I gently and politely remind her that the applicants lost on all three counts in every court in the land, which she seems to have omitted during her comments.
In our view, very clearly there is no trade border, by any reasonable or sensible comparison with any other trade border in the world, for goods moving within the UK internal market. That will become clearer with the introduction of checks coming from the EU, including Ireland. I welcome the contribution of my noble friend Lord Lilley on these matters; as I say, we are confident that the changes that we have made to the protocol, through the Windsor Framework and the Command Paper, will ensure the smooth passage of trade within the United Kingdom.
Of course, if issues arise over the course of implementation, there are structures in place with the EU to try to address those matters. My noble friend will know that my views on the original protocol are almost identical to the ones set out by my noble friend Lord Lexden. I regard the Windsor Framework and the Command Paper as significant improvements on what was a particularly disappointing outcome back in the autumn of 2019. Obviously, the proof of the pudding is in the eating, but we are confident that the new arrangements will work to ensure the smooth passage of trade throughout the United Kingdom and the internal market.
In the Government’s view, the amendment tabled by the noble Baroness, Lady Hoey, overlooks the reality of the changes we have made. In addition, we believe that the law is now crystal clear that the Windsor Framework is without prejudice to Northern Ireland’s place within the United Kingdom. The provision we made in law through the instrument that became law last week includes the Acts of Union; we are clear that the Windsor Framework fully respects that. Our position on these matters is set out very clearly in the Safeguarding the Union Command Paper, as I have said before. In summary, the Government believe that those Acts of Union continue to have effect today and have not been undermined.
The changes we have made now mean that the law contains important new statutory protections for any independent review of the framework to be taken forward. Those protections will ensure that a review is taken forward within one month, responded to within a set period, and that its recommendations are given proper reflection, if a consent vote is not passed on a cross-community basis. These changes we have made reflect the Government’s commitment to seeking agreement that is as broad as possible in Northern Ireland, and to ensuring that action is taken, if that agreement is not forthcoming. I reiterate that commitment once again to all noble Lords.
The Government must therefore disagree with the regret amendment, which does not reflect the reality of the statute book today or the Windsor Framework and the Command Paper, which ensure the smooth flow of trade across the United Kingdom. In the coming weeks and months, the Government will continue to deliver commitments made under the Safeguarding the Union Command Paper, and continue to work with the Northern Ireland Executive and Assembly Members to improve the lives of people living in Northern Ireland.
A number of noble Lords, including the noble Lord, Lord Jay, whose committee I had the privilege of serving on for a period of time, my noble friend Lord Lexden, the noble Baroness, Lady Suttie, and others, asked about implementation. I cannot give precise timetables, but I commit, where possible, to keeping the House updated on some of the new bodies that are proposed. A reference was made, I think by my noble friend Lord Lexden, to the Sports Minister; I can confirm that that visit is taking place imminently. The noble Lord, Lord Jay, made reference to trying to involve Northern Ireland in the evolution of new EU laws; there are UK-EU joint bodies established, which will enable Northern Ireland’s views to be fed in at an early stage. I hope that reassures him.
My noble friend Lord Lexden, in a characteristically wise and scholarly speech, referred to one aspect not included in the humble Address, which is the contribution of His Majesty and members of the Royal Family to life in Northern Ireland. I want to put on record my complete agreement with the sentiments expressed by my noble friend.
I will pick out just one moment. I was present in the Lyric Theatre in 2012 when the late Queen shook the hand of Martin McGuinness. During the same visit, she also crossed the road in Enniskillen from the Anglican cathedral to the Catholic chapel. These both demonstrated her amazing ability to bring people together. I know that this commitment is shared by His Majesty the King, who is hugely devoted to Northern Ireland.
The hour is late. We have heard a number of impassioned speeches, not least from the Benches behind me, but also from right across the House. They echoed points made in this Chamber on a number of occasions in recent weeks. I do not for one second doubt the sincerity with which a number of noble Lords have expressed their concerns—in some cases, their opposition to the Windsor Framework and the Command Paper and, in certain cases, the decision of their party leader to return to devolved government. They are, of course, entitled to their view, which I entirely respect. However, I do not believe that this view represents a majority either within unionism or across Northern Ireland as a whole. The noble Baroness, Lady Ritchie, referred to some polling that has taken place on these matters. It is not a view shared by this Conservative and Unionist Government—or, I should add, by this staunchly Conservative and Unionist Minister, who believes that we now have the right basis for moving Northern Ireland forward.
I very much agree that now is the time to move on, as the noble Lord, Lord Bew, and the noble and right reverend Lord, Lord Eames, and others pointed out. We must look forward. In this respect, I commend the speech by the leader of the Democratic Unionist Party in the other place yesterday evening. As Sir Jeffrey made clear, the Northern Ireland of today is vastly different even from when the Belfast agreement was reached 26 years ago. Unionism can no longer rely on the electoral map being coloured orange and green and on its in-built majority. The Northern Ireland of today is, as has been pointed out, one of competing minorities in which the task for those, like me, who cherish the union and want to see it thrive is to reach out and win friends across traditional divides and across generations.
I will be expressly clear once again: Northern Ireland’s position is based on consent, as many noble Lords have pointed out. The task for those of us who want to see the union prosper is to consider how we broaden support for Northern Ireland’s constitutional position in the world as it is today, not as it might have been in the past. I welcome the comments of the noble Lord, Lord Hay of Ballyore, and of the noble Baroness, Lady Suttie. Central to all this is making Northern Ireland a stable, peaceful and prosperous place for everyone who lives there, regardless of their community background or political aspirations. As the noble Lord, Lord Bew, pointed out, I very much hope that we are now entering a new era of stability in Northern Ireland.
In moving this Motion on the humble Address, His Majesty’s Government firmly believe that, with the arrangements now in place, along with the restoration of devolved government and the generous £3.3 billion financial package for the Executive, together with other financial contributions such as the Peace Plus £700 million-plus, we have an opportunity to make that vision for Northern Ireland a reality and to move Northern Ireland forward. In so doing, we guarantee Northern Ireland’s place as an integral part of this great United Kingdom.
Local Elections (Northern Ireland) (Amendment) Order 2024
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Lord Caine
That the draft Order and Regulations laid before the House on 10 January be approved. Considered in Grand Committee on 26 February.
Representation of the People (Postal Vote Handling etc.) (Northern Ireland) (Amendment) Regulations 2024
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That the Grand Committee do consider the Representation of the People (Postal Vote Handling etc.) (Northern Ireland) (Amendment) Regulations 2024.
Local Elections (Northern Ireland) (Amendment) Order 2024
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Lord Caine
That the Grand Committee do consider the Local Elections (Northern Ireland) (Amendment) Order 2024.
The Parliamentary Under-Secretary of State, Northern Ireland Office (Lord Caine) (Con)
This statutory instrument, and the Representation of the People (Postal Vote Handling etc.) (Northern Ireland) (Amendment) Regulations 2024, were laid before your Lordships House on 10 January. They flow from the Elections Act 2022 and deliver on the Government’s manifesto commitment to stop “postal vote harvesting”: the dubious practice of collecting large numbers of postal votes to be returned by someone other than the voter to whom the ballot paper is issued. One instrument applies these measures to parliamentary and Northern Ireland Assembly elections in Northern Ireland, and the second to local elections. The equivalent measures for Great Britain have, of course, already been passed by this Parliament.
These statutory instruments will set a limit on how many postal votes any one individual can directly “hand in” to the returning officer, and complement other Elections Act provisions protecting the integrity of the absent vote process. These include banning political campaigners handling postal votes issued to another person, and ensuring the secrecy of absent voting. One of the instruments also contains some technical amendments relating to the changes to EU voting and candidacy rights, which I will touch upon later.
I will set out the measures related to limiting handing in postal votes in more detail. Currently, there are no restrictions on who may hand in postal votes and how many may be handed in by any single person, and no record of who has done so. This is not acceptable because it creates opportunities for unscrupulous individuals to undermine the integrity of postal voting. For example, voters could be coerced into handing over their unmarked ballot paper, or completed ballots could be tampered with out of sight of the voter before being returned. Even if they are acting legitimately, where individuals are seen to be handing in significant numbers of postal votes in one go, it can easily create the perception and suspicion of impropriety, which can be damaging to confidence in the electoral system. Retaining public confidence in the democratic systems of our country is, of course, critically important.
We are therefore intent on striking the right balance between being mindful of security, keeping the electoral process accessible and ensuring that confidence in our electoral systems is reinforced. Under these regulations, a person, in addition to their own postal vote, will be able to hand in the postal votes of up to five other electors, including any for whom they are acting as proxy. We consider this a reasonable limit that will support the integrity of postal voting.
In Northern Ireland, postal votes can be handed in at the electoral office. Unlike in Great Britain, where postal votes may be returned to the polling station, in Northern Ireland handing in postal votes at polling stations has never been permitted. This prohibition will not change as a result of these measures. A person handing in postal votes will be required to complete a form setting out basic information. Where the forms are not completed, those, and those in excess of the limit, apart from the person’s own, will be rejected. Any postal votes that have been left behind in the electoral office without an accompanying form, including those posted through or pushed under the front door, will not be counted as they will not have been returned in accordance with these requirements.
The new forms make these changes clear to the voter. In addition, the rules will be published as widely as possible by both the Electoral Commission and the chief electoral officer. After the poll, the chief electoral officer will, where possible, write to the persons whose postal votes have been rejected under these requirements to notify them that their vote was rejected, and the reasons for that.
The regulations before us today also make some small changes in relation to EU voting and candidacy rights. The Representation of the People (Franchise Amendment and Eligibility Review) (Northern Ireland) Regulations 2023 implemented changes to the previously automatic right of EU citizens to vote and stand in elections. These regulations amend those 2023 regulations, so that where the eligibility of EU citizens to remain on the register has been reviewed, duplicate notices do not have to be issued.
Additionally, where an election is originally scheduled to take place before the franchise changes come into force, but following the death of a candidate the poll is rescheduled for a date after the changes, these measures will ensure that candidates and registered EU citizens remain eligible to stand and hold office at that poll.
I hope noble Lords agree that these measures are sensible safeguards against the potential abuse of absent voting and will reduce the opportunity for individuals to exploit the process. I hope that, following my setting out the details of these statutory instruments, the Committee will appreciate their careful and considered design for supporting absent voters. I beg to move.
Baroness Ritchie of Downpatrick (Lab)
My Lords, I thank the Minister for his presentation of the facts concerning both statutory instruments. I declare an interest in two respects: first, as a member of the Secondary Legislation Scrutiny Committee of your Lordships’ House; and secondly, as a participant in elections in Northern Ireland for the past 43 years, either as a candidate or as a party worker. In all those elections, I was well aware that postal votes provided the elderly, the infirm, students and those on holiday with the opportunity to vote by post or by proxy. I welcome legislative efforts to protect postal and postal proxy voting arrangements, because there was no doubt that there was actual fraud, as I saw for myself. I saw it in the last election in which I was a participant, and whenever I failed to get re-elected as the MP for South Down. There is no doubt that electoral fraud took place in the polling place and through postal votes, through a large degree of postal vote harvesting. We saw people going into the electoral office with hundreds of completed ballot papers in the prescribed envelopes, duly certified by a family member.
I have always been afraid that there might be those who seek to steal postal votes, particularly from the infirm, in order to seek electoral advantage. We have heard many examples of that, so I am pleased that legislative action is being taken. However, what legislative action will the Government take to protect the polling place itself at parliamentary, Assembly and local government elections in Northern Ireland, in order to protect voters and prevent vote stealing? People who had perhaps not voted in previous elections, and who turned up to vote in the 2017 parliamentary election and were definitely on the register, discovered at 6 or 7 o’clock that evening that their votes had already been cast by somebody else.
There needs to be some legislative means to protect the polling place, both inside and outside, because in some places voters are subject to constant haranguing by party workers; indeed, we have all been victims of that. What can be done to ensure that photographic identities are protected and cannot be copied or photoshopped, as must have been the case in the instance to which I referred?
I would also like to know from the Minister whether discussions took place with the Electoral Office of Northern Ireland and the Electoral Commission before these instruments were made. If they did, what was the view of both organisations? In addition, are the Government confident that there will be full access to the franchise through this legislative means for those who are elderly, those on holiday, and for students, and that there will not be any denial of the franchise or any means of obviating these new legislative measures? We have seen examples of that.
Whenever the ballots are open to party political workers some few days before the actual polling place is open, will those workers have an opportunity to be informed of the number of postal votes issued, the number delivered, and the number rejected because they did not have the proper accompanying identification with them?
In any event, and in conclusion, I welcome the instruments as they stand and as they relate to the protection of the franchise in council and Assembly elections.
Lord Khan of Burnley (Lab)
My Lords, I thank the Minister for introducing these SIs, which put in place new rules on the handing in of postal votes in local, parliamentary and Assembly elections in Northern Ireland, as provided for by the Elections Act 2022. An equivalent SI for Great Britain has already gone through both Houses, with noble Lords participating in the recent debate here in January.
The Act established that it was an offence for a “political campaigner” to handle postal votes other than in very select circumstances. These instruments set out the new rules for members of the general public, which will sit alongside the other measures that the Act brought in. We on these Benches will not oppose the SIs but we want to probe the Minister on their impact. It is always worth noting that, long before the 2022 Act, the Labour Party had for years been signed up to the Electoral Commission’s code of conduct for campaigners, which bans campaigners from handling completed postal ballots.
We seek clarity on who is covered by which provisions. Colleagues in the Commons, as the noble Baroness, Lady Suttie, said, raised the issue of the need for good understanding and communication on who is covered by the definition of a political campaigner, so people have absolute clarity on which set of rules applies to them. If a person puts a party poster in their window during an election, are they a political campaigner? How will electoral officers be supported to adjudicate on whether someone is a political campaigner or not?
We would like to see more clarity for voters, so that votes are not lost by mistake. Can the Minister give more detail on how the regulations will be made clear to voters, in order to avoid any votes being lost due to people being unaware or unsure of the new requirements?
Finally, I want to pick up on support for electoral officers, which was mentioned by the noble Baroness, Lady Suttie, and other noble Lords. Without a doubt, these changes will place some administrative burdens on our electoral administrators. The pressure on local authorities is significant; electoral administrators up and down the country are stretched and are getting their heads around the changes the Government are making, as we pointed out several times during the passage of the Elections Bill. In the light of the numerous SIs that have come before us, these changes will create an unprecedented level of work for electoral administrators. Will electoral officers be further resourced in Northern Ireland? Will they be strengthened to deal with the impacts and changes outlined? My noble friend Lady Ritchie of Downpatrick spoke about the consultation, which is referred to in the Explanatory Notes, but can the Minister tell us about the nature of the feedback from the Electoral Office for Northern Ireland and the Electoral Commission? I look forward to his response.
Lord Caine (Con)
My Lords, I am most grateful to all noble Lords who have participated in this short debate. I shall try to respond to a number of the points that have been made. I particularly thank the noble Baroness, Lady Ritchie of Downpatrick, and the noble Lord, Lord Morrow, who have extensive experience of elections in Northern Ireland, in both fighting them and campaigning as candidates. I have participated directly in only one election in Northern Ireland, in 2010—without a great deal of conspicuous success, I am afraid to say.
I am grateful to noble Lords. Both the noble Baroness, Lady Ritchie, and the noble Lord, Lord Morrow, spoke about protecting polling stations. Of course, we will keep that under close review. Any question of a police presence at polling stations would be a matter not for the Government but for the Police Service of Northern Ireland, in consultation with the Chief Electoral Office. Of course, we keep the issue constantly under review and take it very seriously. That said, notwithstanding some of the comments that have been made, my understanding is that the police and the chief electoral officer are clear that organised electoral fraud at polling stations or polling places is not currently a significant issue. However, I take on board the noble Baroness’s comments and will look closely at the issue.
On engagement with the chief electoral officer and the Electoral Commission, I assure noble Lords that extensive and significant consultation took place. I refer specifically to the questions of the noble Baroness, Lady Suttie. These issues were discussed at length, and I can confirm that the Electoral Commission and the chief electoral officer were fully supportive of the changes the Government are setting out in these regulations.
Concerns were raised about the potential denial of the franchise. The Government are satisfied, through our consultations with the Electoral Office and the Electoral Commission, that these regulations are a fair and proportionate measure which will help to protect the integrity of the election system in Northern Ireland and the postal vote system.
The noble Lord, Lord Khan of Burnley, referred to the definition of a political campaigner. He will be aware that this is set out in the legislation. For the record, it is worth setting it out for the Committee. A political campaigner is a candidate, election agent or sub-agent; somebody employed or engaged by a candidate for the purpose of assisting the candidate’s activities; a member of a registered political party who conducts activity designed to promote a particular outcome at the election; someone employed or engaged by a registered political party in connection with the party’s political activities; or a person employed or engaged by a person within any of the previous categories to promote a particular outcome at the election, which further applies to anyone employed or engaged by such a person to help promote a particular outcome at the election.
Of course, with any new system, we will need to see how this beds in, and we will keep it under review. If changes are necessary, we will come back to Parliament with them.
We are clear that the changes will be communicated directly to electors via forms, including declaration of identity and polling cards. The Electoral Commission and the chief electoral officer will also use all avenues open to them to publicise the changes, including their websites. Both the Electoral Commission and the chief electoral officer are seized of the importance of this and of making sure that the changes are clearly and widely understood by voters.
In conclusion, I know that all noble Lords believe that preserving our democratic processes is paramount. I hope the Committee will agree that these instruments enable us to ensure the integrity of the electoral system and maintain confidence in it by introducing, where we can, what I regard as sensible safeguards against the potential abuse of absent voting. I am therefore pleased to be able to introduce these measures.
Lord Khan of Burnley (Lab)
Before the Minister sits down, can he tell the Committee about extra support and resources for electoral officers? Perhaps I missed what he said about that.
Lord Caine (Con)
Of course; I apologise to the noble Lord. In Northern Ireland, all electoral delivery is the responsibility of the chief electoral officer and his staff. Local authorities in Northern Ireland are not involved in that at all. I can assure the noble Lord that we are working closely with the chief electoral officer to identify the specific impact of each of these measures and that any additional resource will be kept under review in that context.
Baroness Ritchie of Downpatrick (Lab)
I asked about the reconciliation of postal votes, which happens about three days before polling day in electoral offices. One party-political worker from each party goes along to that and the postal ballots are opened. Will there be a register showing how many postal ballots were submitted, and those that were rejected and accepted?
Lord Caine (Con)
That is my understanding. As I outlined in my speech, where votes have been rejected, the electoral officer will write to the individuals concerned to let them know why, where possible.
That probably covers most of what was raised in the discussion. I commend these instruments to the Committee.
Windsor Framework (UK Internal Market and Unfettered Access) Regulations 2024
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That the draft Regulations laid before the House on 31 January be approved.
Relevant document: 12th Report from the Secondary Legislation Scrutiny Committee. Special attention drawn to the instrument
Windsor Framework (Constitutional Status of Northern Ireland) Regulations 2024
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That the draft Regulations laid before the House on 31 January be approved.
Relevant document: 12th Report from the Secondary Legislation Scrutiny Committee. Special attention drawn to the instrument
The Parliamentary Under-Secretary of State, Northern Ireland Office (Lord Caine) (Con)
My Lords, I shall speak also to the draft Windsor Framework (UK Internal Market and Unfettered Access) Regulations 2024. I offer my gratitude to my noble friend Lord Hunt of Wirral, chair of the Secondary Legislation Scrutiny Committee; the Joint Committee on Statutory Instruments; and members of those committees in this House and the other place for their expeditious consideration of both instruments.
These regulations deliver on key commitments set out in the Safeguarding the Union Command Paper, the contents of which I set out on the Floor of the House on 1 February. The commitments made in that Command Paper will strengthen our union and the UK internal market now and for the long term. I am pleased that the Command Paper has created a situation whereby the Democratic Unionist Party agreed with the recommendation of its leadership to end the boycott of Stormont and has provided the basis on which the devolved institutions in Northern Ireland have returned, with support from across the community; a Speaker of the Northern Ireland Assembly has been elected with a full complement of Assembly Members now able to serve fully their constituents; a First Minister and deputy First Minister are now in office, and a full complement of Executive Ministers is now forming the Administration in Northern Ireland. It is in that context that I ask noble Lords to consider the two regulations before the House.
I turn to the first of these, the draft Windsor Framework (Constitutional Status of Northern Ireland) Regulations 2024, which seek to strengthen and future-proof Northern Ireland’s place within our union in law. They do so consistent with the vital protections contained in the Acts of Union 1800 and by the terms of the Northern Ireland Act 1998. They seek to address sincere concerns among some in the unionist community that Northern Ireland’s status within the union has somehow been diminished. The Government have been clear in our determination to see our union strengthened, and these regulations have been designed with that in mind. They clarify that Section 7A of the European Union (Withdrawal) Act 2018, the sovereign Act of Parliament that gives effect to the Government’s commitments under the withdrawal agreement, operates subject to the democratic safeguards in the Windsor Framework. That, of course, includes the Stormont brake, which gives the Assembly, now that it is up and running once again, powerful and vital democratic oversight over new, amending and replacing EU laws.
These regulations also provide a safeguard against any prospect of regulatory borders between Great Britain and Northern Ireland emerging from future agreements with the European Union. They mean that no Government in the future can agree to another protocol or form of agreement which would undermine the integrity of the United Kingdom internal market. On matters of domestic legislation, the regulations will introduce new safeguards so that government Bills that might affect trade between Northern Ireland and other parts of the UK are properly assessed. Ministers in charge of such a Bill would need to provide a Written Statement to Parliament on whether legislation would have a significant adverse effect on trade between Northern Ireland and other parts of the UK.
I should be clear that this provision does not bind Parliament’s hands, but rather ensures that Parliament is properly informed by the Government. The approach we are taking will deliver clarity to businesses that Northern Ireland’s unfettered access to the UK internal market will not be frustrated.
Finally, this legislation provides for how any independent review of the Windsor Framework would operate, requiring the Government to commission such a review one month after the Assembly having passed a consent vote on the Windsor Framework without cross-community consent. In those circumstances, the Government would be obliged to respond to a report from the independent review within six months and raise its contents at the UK-EU Withdrawal Agreement Joint Committee.
I now turn to the draft Windsor Framework (UK Internal Market and Unfettered Access) Regulations. The Government are clear that the old protocol created unacceptable barriers to the United Kingdom internal market. In response, the Windsor Framework sought to restore the functioning of the internal market by ensuring the smooth flow of trade within the UK. It disapplied a range of EU law, including ensuring that Northern Ireland benefits from the same VAT and alcohol taxes as the rest of the UK. We saw the framework commence at the start of October, with its benefits now being enjoyed by over 3,000 businesses registered on the internal market scheme.
Following the Windsor Framework, the Government announced the border target operating model. In line with this approach, we have now, for the first time, started to phase in checks and controls for Irish goods and non-qualifying goods moving from the island of Ireland to Great Britain. This is a powerful demonstration of Northern Ireland’s integral place within the UK’s internal market and rebuts claims that it is a member instead of the EU’s single market. The reality is that third-country members of the EU single market will now have full third-country processes applied, while Northern Ireland’s businesses have unfettered access to their most important market by far, in Great Britain.
As a result of these regulations, this now includes guarantees for qualifying Northern Ireland goods moving from Northern Ireland to the rest of the United Kingdom via Dublin. This unfettered access is future-proofed, ensuring that it will persist regardless of how rules evolve in either Northern Ireland or Great Britain. These regulations will more squarely focus the benefits of unfettered access on Northern Ireland traders. The regulations both tackle avoidance of the rules and ensure that agri-food goods are exempt from SPS processes only if they are dispatched from registered Northern Ireland food and feed operators. We will also expressly affirm through these regulations that export procedures will not be applied to Northern Ireland goods moving directly to other parts of the UK internal market. This reflects the legal guarantees secured in the Windsor Framework and achieves the effect of provisions dropped in the then United Kingdom Internal Market Bill by the previous Government in 2020.
The Government are also determined to ensure that public authorities are clear-minded about their existing legal duty to have special regard to Northern Ireland’s place within the UK internal market. We are therefore taking a power to make guidance on Section 46 of the UK Internal Market Act. That guidance will set out how public authorities should have special regard to Northern Ireland’s place in the UK’s internal market and customs territory, and the need to maintain the free flow of goods from Northern Ireland to Great Britain. Public authorities will be bound to have regard to it, ensuring they meet the UK’s international obligations in a manner that is also consistent with ensuring the smooth flow of goods within the internal market.
The Government are now working with vigour to deliver on the commitments set out in the Command Paper, because we want to make Northern Ireland work well for all who live there today and allow it to remain a thriving, prosperous part of the United Kingdom. On that note, I beg to move.
Lord Hain (Lab)
My Lords, before I get to the specifics of these two statutory instruments, I ask, in relation to legacy inquests under way in Northern Ireland, is the Minister not extremely perturbed—indeed, embarrassed—by the fact that state bodies appear to be openly running down the clock to 1 May, when the due process that we set such store by in the United Kingdom will no longer apply in Northern Ireland thanks to the shameful legacy Act? In one case, a Ministry of Defence official told an inquest, “We have only a single officer supporting Northern Ireland inquests.” In another, the legal representative of the PSNI admitted that further resources could be deployed and more progress made, but said, in terms, “What’s the point?” Is this not a disgraceful way to treat victims of the Troubles, who have suffered so much already? An abject failure by state officials and agencies to produce the necessary files in anything like a timely fashion also continues, despite the relevant state bodies being directed to do so by a serving coroner acting with the full authority of the Lady Chief Justice.
What on earth makes the Minister think that a body which the legacy Act sets up outside the judicial system headed by a retired former Chief Justice, however distinguished, will fare any better? Or, as many suspect, will those who will be denied proper inquests have to make do with a vastly inferior process on the cheap?
Having said that, I congratulate both the Secretary of State and Sir Jeffrey Donaldson MP on the resurrection of Stormont. We hope that the people of Northern Ireland will see the tangible benefits of functioning devolved government without delay. Sir Jeffrey’s detractors would be wise to bear in mind that having functioning devolution is absolutely critical to safeguarding the union. The DUP recognised at St Andrews in 2006—I remember it well—that the future of Northern Ireland is necessarily shared, and its governance will always entail compromise.
Appropriately, therefore, the package of measures presented in the Safeguarding the Union Command Paper manages to address DUP concerns within the boundaries of the UK’s international legal obligations. Those obligations relate both to the EU and to the Irish Government and remain sensitive and vital relationships for the UK, particularly as they affect Northern Ireland. What happens in Northern Ireland will continue to be crucial to those relationships.
With this in mind, it is worth being exceedingly careful in legislating in this area, and I seek clarification from the Minister on four specific areas. First, relating to the amendment of Section 13 of the European Union (Withdrawal) Act 2018 regarding the transparency obligation, what is the definition of—or criteria for measuring—what would constitute
“a significant adverse effect on trade between Northern Ireland and the rest of the United Kingdom”?
Furthermore, the Command Paper states in paragraph 146 that, if there was to be such a significant adverse effect,
“the Government will set out any measures it proposes to protect the internal market”.
In such an eventuality, how might such measures be made known to Parliament by the Government? I would be grateful for an answer to that question.
Secondly, how is the House to understand the
“prohibition of certain Northern Ireland-related agreements”
that is to be added to Section 38 of the 2018 Act? This regulation specifically prevents only a future UK-EU agreement that
“would create a new regulatory border between Great Britain and Northern Ireland”.
In the Government’s view, does this constitute the complete fulfilment of the Command Paper’s claim to protect against
“future EU agreements which create new EU law alignment for Northern Ireland and adversely affect the UK’s internal market”?
My third question relates to the amendment of the Northern Ireland Act 1998 on the independent review after the democratic consent vote. Why is the independent review to include consideration of any effect of the Windsor Framework on, first, the constitutional status of Northern Ireland, and, secondly, the operation of the single market in services between Northern Ireland and the rest of the United Kingdom? I ask because the Windsor Framework does not cover services and because it is without prejudice to the constitutional status of Northern Ireland as part of the UK. Indeed, the latter point is to be made law with the amendment of the European Union (Withdrawal Agreement) Act 2020 that we are currently considering.
Fourthly, the Safeguarding the Union Command Paper announces some ambitious new structures and bodies. Given their importance to the realisation of the objectives of this legislation, I would like clarification from the Minister on the following matters. How does the new UK east-west council relate to existing bodies affecting all-UK and east-west governance, including the Prime Minister and Heads of Devolved Governments Council, the Interministerial Standing Committee, and the British-Irish Council? How, too, would it relate to the new ministerial group that, according to paragraph 152 of the Command Paper, is
“to oversee the implementation of the new arrangements”?
How is “political” and “governmental” participation in the east-west council from Northern Ireland to be decided? Is it to be the same as for the North/South Ministerial Council, with two Northern Ireland Ministers designated to attend each meeting, both of whom have to be jointly signed off by the First Minister and Deputy First Minister? How does the function of these new bodies and structures relate to the common frameworks programme?
Lord Caine (Con)
My Lords, I thank all those who contributed to this brief debate. I will endeavour not to keep us much beyond midnight. I jest—but, in all seriousness, if there is one thing that I think we can all agree on, it is that this debate has demonstrated once again the importance of Northern Ireland to all of us who have contributed, no matter where we stand on the deal, the Command Paper or these statutory instruments. We all care immensely and passionately about Northern Ireland and its future, and that is shared right across this Chamber. I am particularly grateful for the comments of the noble Lord, Lord Murphy of Torfaen, and the noble Baroness, Lady Suttie, and for their general support for the regulations. I am grateful for their kind words about me personally—that is very much appreciated. I am in a position to give the noble Baroness the assurances she sought from me.
The noble Lord, Lord, Lord Murphy of Torfaen, mentioned strand 2 of the agreement. He is absolutely right that it is a three-stranded agreement in which all parts are interlocking and interdependent on each other. We look forward to an early meeting of the North/South Ministerial Council, and I look forward to the First Minister and Deputy First Minister of Northern Ireland taking up their seats once again when the British-Irish Council next meets to carry out its important work. The restoration of strand 1—the Assembly and the Executive—which I think most of us in this House support, makes possible the proper functioning of the agreement once again in all its dimensions. I say that conscious that a number of noble Lords present were instrumental in the reaching of that agreement back in April 1998.
I also commend what I thought was an outstanding and typically learned contribution by the noble Lord, Lord Bew. I also commend many of the wise words of the former First Minister of Northern Ireland, the noble Baroness, Lady Foster of Aghadrumsee, and I very much welcome the tone of the contribution from the noble Lord, Lord Hay of Ballyore, from the DUP Benches. I very much welcome the fact that the DUP has decided, under the leadership of Jeffrey Donaldson, to go back into the Executive. It is a matter of record that we did not think it was the right move to pull out of the Executive. For the record, we did not agree with Sinn Féin coming out of the Executive between 2017 and 2020.
I agree with the noble Lord, Lord Alderdice, and my noble friend Lord Empey that bringing down the institutions in order to get one’s way is not the right way forward—we probably need to look at how, again agreeing with the noble Lord, Lord Murphy, we can make the institutions more robust and resilient in future, although that is necessarily a conversation that would have to take place with Northern Ireland’s political parties. I agree also with the comments of the noble Lords, Lord Hain and Lord Murphy, and my noble friend Lord Empey about the importance of a functioning Assembly for the strength of the union. To me and others, it seems that devolved power-sharing is the surest foundation for the governance of Northern Ireland within the United Kingdom.
I put something on the record, for the avoidance of any doubt, and state once again that the Government are steadfastly committed to upholding the Belfast agreement in all its parts—all three strands—including the undertaking to deliver for everyone in Northern Ireland, no matter their community background or their political aspirations. We are committed to governing in the interests of the entire community in Northern Ireland: I hope that reassures the noble Baroness, Lady O’Loan, and others who raised the point about impartiality and parity of esteem, that we are committed to governing in the interests of the whole community. The UK Government recognise and respect the legitimacy of different constitutional ambitions for the people of Northern Ireland, although our clear preference, and mine personally, is very strongly for the union. I should add that nothing in the agreement prevents the United Kingdom Government having a view about the future of the United Kingdom.
The agreement is also explicit that any change to the constitutional position of Northern Ireland would require the consent of a majority of its people. At present, our view is that there is no evidence to suggest that a majority of people in Northern Ireland wish to separate from the United Kingdom. The restoration of the Northern Ireland Executive is an enormous achievement by my right honourable friend the Secretary of State, the Prime Minister and others. It is right that we now give the Executive sufficient space to focus on delivering for the people of Northern Ireland without, if I may say so, other constitutional distractions. I agree also with what the noble Baroness, Lady Foster of Aghadrumsee, said about joint authority: that is clearly not something that this Government would countenance—either de facto or de jure, I say in response to the noble Lord, Lord Alderdice. The agreement is very clear that there are two constitutional outcomes for Northern Ireland: one is to remain part of the United Kingdom; the other is to be part of a united Ireland. Our preference is strongly for the United Kingdom, but of course we abide totally by the principle of consent which is in the 1998 agreement.
It has been a very long debate and a number of Members on the Benches behind me set out their opposition to the Command Paper in terms that are well known—and indeed the position, if I can say it gently, of some other members of their party in this respect. At this stage, if I were to answer every question that I have been asked this evening, we would be here beyond midnight. Therefore, if noble Lords will be so kind, I will take away the very detailed and technical questions that were asked of me and commit to writing in detail, with full answers to each of the points raised.
I place on record the Government’s view that this legislation ensures that Northern Ireland’s constitutional status within the United Kingdom is put beyond any shadow of a doubt. The presumption of automatic alignment with EU goods law is ended; Northern Ireland’s access to the UK internal market is safeguarded; treaties that might create barriers within the UK’s own internal market are prohibited; Bills that are put before this House that impact trade with Northern Ireland will be rigorously screened; the operation of a consent vote in the Assembly is enshrined; and action by public authorities consistent with protecting the UK internal market is ensured.
As a number of noble Lords made clear, the important point that we should not lose sight of is that these regulations help to deliver a power-sharing devolved Government in Northern Ireland, serving all parts of the community with parity of esteem. As I said earlier, a functioning Northern Ireland Executive working with the UK Government is the surest foundation for Northern Ireland’s stability and its future as part of our United Kingdom. The Government believe that the new Executive provide fantastic new opportunities for Northern Ireland to take advantage of its place within our internal market and of its privileged access to the EU single market. It is already a fantastic place for business and investment, but it could become even more so as a result of the arrangements we have in place. I heard that at first hand when speaking with a number of businesses and potential investors in Boston and New York last year, on foot of the Northern Ireland Investment Summit that took place in Belfast and Hillsborough in September.
I am conscious of time. I promise to write in great detail to noble Lords. In conclusion, Northern Ireland has enormous potential. It is our view that Northern Ireland’s potential can be realised, and that Northern Ireland can move forward as a place where politics now starts to work, where the economy grows and where society is more united and strong. As my noble friend Lord Empey said, the imperative for any unionist now has to be to make Northern Ireland a place where more people want the union than oppose it.
On that note, it is with the greatest confidence in the future for Northern Ireland as an integral part of the United Kingdom that I beg to move.
Northern Ireland Executive Formation
Lord Caine Excerpts(2 months, 3 weeks ago)
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The Parliamentary Under-Secretary of State, Northern Ireland Office (Lord Caine) (Con)
My Lords, I shall now repeat a Statement made in another place by my right honourable friend the Secretary of State for Northern Ireland. The Statement is as follows:
“With permission, Mr Speaker, I would like to make a Statement. This Saturday would mark two years without a fully functioning devolved Government in Northern Ireland. That is two years without locally elected Ministers able to take important decisions on Northern Ireland’s schools, hospitals and the broader economy, and, above all, two years in which Northern Ireland has been held back from achieving the massive potential of this unique part of the United Kingdom.
It was nearly two years ago that the then First Minister resigned over the old Northern Ireland protocol. The Government recognised that the protocol did not deliver to the people of Northern Ireland the same freedoms that leaving the EU delivered for the rest of the United Kingdom. As the party of the union, this Conservative Government sought to address those concerns by replacing the protocol with the Windsor Framework. I maintain that the Windsor Framework was, and is, a good deal for Northern Ireland that addresses the issues around the old protocol and sets out a new way forward. However, it alone did not prove sufficient to allow the devolved institutions to function with the cross-community support that is such an essential bedrock of the Belfast/Good Friday agreement.
So, for the past few months, my team and I have been holding discussions with the Northern Ireland political parties on how we could see the return of the devolved institutions. Those discussions have been long and necessarily tough, but that is testament to the patience of all Northern Ireland’s political leaders, who, as I have seen at first hand, work tirelessly to make sure that Northern Ireland is the most prosperous and safe society it can be. This is particularly true of the honourable Member for Belfast East. It was a pleasure to confirm recently that the Government will support his Bill that seeks to create a dedicated route for eligible Irish nationals who wish to apply for British citizenship. If passed, that legislation would support the close historical and geographical ties between Ireland and the UK, and I commend him for championing that cause.
I am pleased now to be able to outline the package we are announcing today, which has four core elements. First, it further protects Northern Ireland’s place in the UK by demonstrating our commitment to restoring power sharing so that it has the broadest support from across the community in Northern Ireland. I know that I am not alone in believing firmly that the long-term interests of the union are served by persuading those who might not vote for unionist parties, or even think of themselves as unionists, that Northern Ireland within the United Kingdom offers the best future for them and their children. I have always believed that making Northern Ireland work—indeed, making Northern Ireland thrive—is the surest way to safeguard the union, and I commend the DUP for taking bold steps to make that case for the union too.
We will also legislate to reaffirm Northern Ireland’s constitutional status, including as reflected in the Acts of Union. So too will we recognise in domestic law that, with the vital democratic safeguard of the Stormont brake that a new Assembly would wield, the idea of automatic and permanent dynamic alignment of EU law no longer applies. We will also future-proof Northern Ireland’s position within the UK’s internal market against any future protocol that would create a new EU law alignment for Northern Ireland and, with it, barriers between Northern Ireland and the rest of the UK.
Secondly, the deal promotes and strengthens the UK internal market, delivering new legislation to guarantee and future-proof unfettered access for Northern Ireland goods to the whole of the UK internal market and ensuring that internal trade within the United Kingdom takes place under a new UK internal market system. Only yesterday, we saw how quickly progress has been made, with a joint legal solution reached with the EU on tariff rate quotas. This solution, to be taken forward at the next UK-EU joint committee, will ensure that Northern Ireland traders can benefit from the UK’s independent free trade policy when importing agri-food goods, reflecting Northern Ireland’s integral place in the UK’s customs territory. To maintain that focus on delivering in the interests of businesses for the future, we will put in place new structures, such as a new independent monitoring panel to ensure a practical and pragmatic approach without gold-plating.
Thirdly, this deal will recognise the importance of the connections across the United Kingdom now and in the future. A new UK east-west council will bring businesses and Ministers together to identify the opportunities that unite us across all parts of the United Kingdom, and a new public body—InterTrade UK—will promote and facilitate trade within the United Kingdom, recognising that while international trade is important, so too is the vital trade that occurs within our internal market.
Finally, this deal will help put public services on a sustainable footing, with funding totalling over £3 billion to support Northern Ireland’s public services and provide a solid foundation for the Executive to deliver better outcomes in the day-to-day lives of the people of Northern Ireland. This is part of a financial package I announced before Christmas that will help to address public sector pay pressures; provide an updated Barnett formula for Northern Ireland, now and into the future, reflecting the needs and unique circumstances of the people of Northern Ireland; and give the Executive significant funding to stabilise public finances.
Much of what I am announcing today was the result of a significant period of negotiations between the Government and the Democratic Unionist Party, led by the right honourable Member for Lagan Valley. Many of us in this Chamber last week could not fail to be struck by his unshakeable advocacy on behalf of the unionist cause. The same determination, fortitude and tact was at the heart of his approach in those detailed discussions. Further to his comments in this place last week, I am sure that the whole House will join me in expressing support for him in utterly condemning those shameless figures who have tried to threaten and intimidate him for simply doing his job. The right honourable Member is a man who is truly committed to Northern Ireland and the union, and someone who has always worked hard to find solutions and improvements when others have taken the far easier path of simply criticising and heckling from the sidelines.
The result—as I hope honourable Members will agree—is a deal that, taken as a whole, is the right one for Northern Ireland and for the union. With this package, it is now time for elected representatives in Northern Ireland to come together, end two years of impasse and start work again in the interests of the people who elected them. The right honourable Member for Lagan Valley was clear this week that this depended on this Government demonstrating their commitment to the union in not just word but deed. That is just what we will do. Today, I am publishing the details of this deal, but I am also laying the statutory instruments that enshrine several of its commitments in law. Those instruments will be debated in this House tomorrow as an immediate show of good faith.
Once, as I hope they will be, they are passed by this House, I trust we will have the conditions to move onwards and to see Ministers back in post in Stormont swiftly. As they take their places, they will face massive challenges, but so too do they have the tools to grasp them, not least in moving to resolve the public sector pay issues that have been so disruptive. As well as that, they will be able to grasp the opportunities offered by Northern Ireland’s unique economic position and the good will that it enjoys around the world.
It is only right that I acknowledge that, for many in the community, an important part of this will be seeing Michelle O’Neill take her place as First Minister following the democratic mandate she won at the May 2022 Assembly election, recognising that the First and Deputy First Ministers remain equal in law. I look forward to working with the new First Minister and Deputy First Minister and all their colleagues in the Northern Ireland Executive to improve the lives of people from all backgrounds, whether unionist, nationalist or other. As we move swiftly to give effect to our commitments, I now urge the parties to do the same by notifying the Speaker of the Northern Ireland Assembly to recall Stormont, electing a First Minister and Deputy First Minister and appointing new Ministers to the Executive.
It is time to build on the progress of the last 25 years. Today, we have presented a plan that will deliver the long-term change that Northern Ireland needs. It will strengthen Northern Ireland’s place in the union and guarantee the free flow of goods across the entire United Kingdom. It is only by sticking to this plan that we will become a more united and prosperous country, and I commend this Statement to the House.”
Baroness Suttie (LD)
My Lords, I too thank the Minister for repeating yesterday’s Statement and commend him and the Secretary of State for Northern Ireland for their dedication and hard work in all their efforts to secure the deal that we are discussing today.
Northern Ireland is in a significantly more hopeful place as a result of this deal, which is greatly to be welcomed. After two years of political vacuum in Northern Ireland, the most important thing is that the Executive and the Assembly can get back to work as soon as possible, for there is so much to do. It is tragic that so much time has been wasted when so much has needed to be done. It has been nearly two years, during which time the healthcare system, education and public services in Northern Ireland have reached crisis point. But, as Naomi Long, leader of the Alliance Party, said on Tuesday:
“The priority now is where we go from here, not where we have been”.
I am glad that the deal has very much been welcomed in Northern Ireland, at least by the majority. There is a palpable sense of relief, and a recognition across the board that it is surely better for local people to be taking these decisions and, if necessary, pushing for further improvements and further reforms. Once the Assembly and the Executive are fully functioning again, Northern Ireland will have a stronger voice in both Westminster and Brussels. It is also welcome that the funds, the £3.3 billion, can now be released, as the noble Lord, Lord Murphy, said. It is the Executive who will be best placed to decide how this money should be used.
The stalemate of the last two years has served nobody well. Indeed, the stop-start nature of devolution in Northern Ireland since the Good Friday/Belfast agreement has meant that Northern Ireland has been held back from reaching its full potential. It is unacceptable that, for five of the last seven years, there has been no functioning Executive.
But people and businesses in Northern Ireland need to know that this deal will last. As was said many times during debate on the Statement in the House of Commons yesterday, there needs to be a bedrock of stability so that it is no longer possible for one party to collapse the Executive. Like the noble Lord, Lord Murphy, I would be grateful if the Minister can confirm that he will, with the parties in Northern Ireland, examine ways to ensure that the stability of the institutions can be better protected in future.
As has been said, particularly in the House of Commons, this is now an opportunity for Northern Ireland: an opportunity to ensure that it is a place where people want to invest and where families want to choose to come and live. There is so much potential, and I sincerely hope that, this time, this agreement will last.
Lord Caine (Con)
My Lords, I am extremely grateful to the noble Lord, Lord Murphy of Torfaen, and the noble Baroness, Lady Suttie, for their support for the deal reached by my right honourable friend that was announced yesterday. In response to the noble Lord, he talked about this as a considerable achievement. He knows from his own experience as the negotiator of strand 1 back in 1998, just how difficult and challenging these issues are and can be. I am grateful for what he said and will of course pass on his congratulations to my right honourable friend the Secretary of State, which I know will be greatly appreciated.
The noble Lord, Lord Murphy, also mentioned the contribution of civil servants. I completely agree that they have done a fantastic job in Northern Ireland, keeping public services running and, in many respects, really holding society together there. In addition, I put on record my thanks to officials, both in the Northern Ireland Office and the Cabinet Office, for the outstanding work that they have done in pulling together the deal that was announced yesterday.
I also place on record that I agree with the noble Lord about the contribution of Sir Jeffrey Donaldson. I have known Jeffrey since 1988, believe it or not, so we go back some way. As the Secretary of State mentioned in his Statement, he has always been a true unionist, committed to making Northern Ireland a safer, more prosperous and better place. I really do commend the contribution that Sir Jeffrey has made to this outcome.
The noble Lord referred to the guarantees around the internal market, which are of course very important. Northern Ireland’s biggest trading partner by far is Great Britain, which is by far the most important market for Northern Ireland. We are confident that, as a result of what has been agreed now, there will be a smooth flow of goods circulating throughout the United Kingdom. He was right to highlight the benefits that will bring to Northern Ireland, alongside the privileged access that it will retain for goods moving into the EU single market. That should be a huge selling point for the newly restored Executive in working with the UK Government to try to attract foreign direct investment into Northern Ireland. It really gives Northern Ireland some unique advantages that are not available anywhere else.
The noble Lord referred to the strand 2 bodies. As noble Lords throughout the House are aware, the Belfast agreement is a three-stranded agreement, all of which strands are interlocking and dependent upon each other. Without strand 1 in operation, the Assembly and Executive, the strand 2 bodies have not been able to function properly or to realise the hopes and objectives for them that were contained in the 1998 agreement. With the restoration of the Assembly and Executive, those strand 2 bodies will start to function fully again, along with the strand 3 bodies. For the past couple of years, there have been notable absentees from the meetings of the British-Irish Council, for example, with two empty chairs for the First Minister and Deputy First Minister of Northern Ireland. I look forward to the next meeting of the BIC and seeing the First Minister and the Deputy First Minister taking their rightful places in those bodies.
The noble Lord also made reference to the financial package and strongly welcomed the sums available. It is a significant package, alongside a new Barnett formula. Going forward, the formula will be subject to negotiation between the Treasury and the Northern Ireland Executive. What has been agreed around that is very positive for Northern Ireland and will significantly help an incoming Executive to meet some of the very real challenges the noble Lord raised, and which I fully acknowledge, in the coming months and years.
The noble Lord asked about the next steps. The next step is for the parties to approach the Speaker to recall the Northern Ireland Assembly. The first item of business will be to elect a new Speaker. Thereafter it will be to appoint a new First and Deputy First Minister. The next step is to run the d’Hondt system, which the noble Lord knows only too well, in order to allocate the Ministers from each of the parties who are eligible to take up places in the Executive. Hopefully, that will all happen very swiftly. I cannot give a precise timetable. One of the reasons the other place is debating the statutory instruments today, only one day after publication, is as a clear signal of our intent that this moves as quickly as possible, and we get the institutions back up and running in the shortest possible timeframe.
The noble Lord and the noble Baroness talked about trying to introduce reforms and measures to promote greater resilience of the institutions and to prevent a similar scenario—one party pulling down the institutions—happening again. We all recall that, between 2017 and 2020, Sinn Féin did that and of course we are familiar with the history of the past two years. It is something that, at some point, I personally think we will need to look at, and the Government have always made it very clear that the Belfast/Good Friday agreement has never been set in tablets of stone. There is the capacity for it to evolve, as it did at St Andrews in 2006, and changes were made after the Stormont House agreement in 2014. We have always been open, as I have said on a number of occasions in this House, to sensible reforms, so long as those reforms command cross-community support and are consistent with the underlying and enduring principles of the Belfast agreement.
The priority for now must be to get the institutions back up and running, established and functioning, supported by the financial package, to finalise the programme for government and then to start tackling the really tough challenges the Executive face. Thereafter, I think there is room for a sensible debate about how we can possibly prevent this happening in future. For now, we should focus on re-establishing the institutions and getting things up and running with the support of the UK Government and, where appropriate under the three-stranded approach, the Irish Government. They will be supporting and helping the Executive to get stuck into the challenges and to start building that brighter, stronger, more prosperous future for Northern Ireland, which I have always maintained, along with my right honourable friend, is the surest foundation for strengthening our union.
Lord Dodds of Duncairn (DUP)
My Lords, I thank the Minister for repeating the Statement. It is good that we will have bodies like InterTrade UK and an east-west council. These are positive developments, as are the new needs-based budget provisions and the new model. I commend and congratulate all those who have been involved in the talks, who have approached it in good faith and with integrity.
However, will the noble Lord accept—noble Lords in this House need to realise this—that there are still many unionists who are deeply worried and concerned about the Irish Sea border? We must drill down into the details of this deal. The Irish Sea border still exists because many British goods coming from Great Britain to Northern Ireland, especially in manufacturing, still need to go through full EU compliance checks and procedures? While we have the new green lane— renamed—which is mainly for retail, the default position is as I have described for everything else that does not have an end point for sale in Northern Ireland.
Will the Minister, who knows Northern Ireland very well, confirm the concern among many unionists about the continued sovereignty, jurisdiction and application of EU laws over large swathes of our economy—in 300 areas—to which the Stormont brake does not apply? We cannot make or amend laws in those areas. These are fundamentally important constitutional and economic issues, and many unionists are still concerned about them. Although there are improvements to the operation of the Windsor Framework, which in itself was a tweak to the original protocol, the fundamentals of it remain in place. Can the Minister confirm today what provisions of the framework itself are changed by this deal? Can he lay them out? Will he confirm that the SIs currently being debated in the other place do not come into law until they are passed by this House on 13 February, if they are indeed passed?
Lord Caine (Con)
I am grateful to the noble Lord, Lord Dodds of Duncairn, for his words, and I welcome his positive remarks about a number of the new bodies, such as InterTrade UK and the new east-west council. He made a number of points on the so-called Irish Sea border that have been made on a number of occasions by members of his party and other political parties in Northern Ireland. I am sorry to say to him that the Government take a very different view as a result of the deal that has been agreed over the past few days, as indeed, I gently point out, does his party leader, who, along with the Government, now accepts that what we have agreed is a firm basis for going back into the institutions and re-establishing the Executive and Assembly at Stormont. We simply do not recognise that what the noble Lord describes is anything like a trade border between Great Britain and Northern Ireland. As a result of this deal, the number of goods that will pass into Northern Ireland from Great Britain without checks will be significantly increased.
The noble Lord referred to EU law, and I will repeat what I have said on many previous occasions. By the EU’s own calculation, the amount of EU law that will apply in Northern Ireland is under 3% and is there solely for the purpose of dealing with goods going from Great Britain via Northern Ireland into the single market. We have in place some important and robust new democratic scrutiny structures to prevent new EU laws applying where they are not desirable or appropriate for Northern Ireland. That is all set out in the Command Paper.
On the noble Lord’s final point, as I pointed out in the Statement, that legislation will reaffirm in the clearest possible terms Northern Ireland’s position as an integral part of this United Kingdom. It will guarantee and future-proof the smooth circulation of goods throughout the United Kingdom internal market. As a matter of fact, he is right that those SIs will not become law until they have passed your Lordships’ House.
Lord Reid of Cardowan (Lab)
My Lords, I welcome the Statement. It has been a frustrating two years, but it would be churlish for anyone not to say, “Well done”, particularly to the Minister and his colleagues and, above all, to Jeffrey Donaldson. Like the Minister, I have known him for many years, and he has served his country and this country well, in and out of uniform, unlike some of his extremist critics, as he pointed out.
I wish the Assembly well when it is up, but I am not naive enough to believe that there will not be further huge bumps on the road. I cannot criticise anyone for suspending the Assembly because I did it myself when I was Secretary of State for Northern Ireland, because the IRA refused to decommission its weaponry. It is an unfortunate reality that the present construction leaves it open to a number of parties, including the British Government, to suspend the Assembly.
I think it would be wise for the Minister to agree that the mechanics of this need to be looked at again, but even wiser to recognise that it has to be done with great caution and has to be led by the parties in Northern Ireland themselves. In the meantime, will the Minister ensure the most expeditious passage not only of the legislation but of the practical operational implementation of the agreement? It is precisely the proof of the pudding being in the eating that will avoid problems arising in the immediate future.
In the meantime, I send my best wishes to all the Members of the Assembly, who will be able to meet joyously together for the first time in a long while, and to the prospective new First Minister, Michelle O’Neill. Twenty-five years ago, I do not think any of us envisaged this sort of position being accepted by the community in Northern Ireland as a whole; therefore, let us recognise the advances that have been made as well as the problems that still face us.
Lord Caine (Con)
I am very grateful to the former Secretary of State for his comments and commend him for the work he did as Secretary of State in trying to move Northern Ireland forward after 1998—in particular at Weston Park in, I think, 2001. I also endorse what he said about Sir Jeffrey. In my comments, I failed to mention the fact that Sir Jeffrey had a distinguished career in the Ulster Defence Regiment: we should recall that, and it is in sharp contrast to some of those who are now issuing threats and seeking to intimidate. He put on uniform to serve his country and we should not forget that.
The noble Lord referred to suspensions. I suspect I am right in saying that he holds the record for the number of times he suspended the institutions—with, I should add, our support at the time and our agreement when he did the right thing. He is absolutely right that we should be cautious in our approach to reform, but, as I said, sensible and practical reforms ought to be considered where they are consistent with the agreement. I think the noble Lord is right in saying that the conversation should be led primarily by the parties in the Executive and in the Assembly. The history of trying to impose reforms and solutions on Northern Ireland without the consent of the people is not necessarily a happy one. Finally, I entirely agree about implementation: the Government are committed to doing it as swiftly as possible.
Lord Rogan (UUP)
My Lords, in a Parliamentary Written Answer on 6 December 2023, the noble Baroness, Lady Penn, advised me:
“£30 million has been reserved for Northern Ireland from Levelling Up Fund round 3”.
Can I have an assurance from the Minister that this ring-fenced money is in addition to the £3.3 billion package to fill the hole in Northern Ireland’s finances? Further, can he tell me when the levelling up fund money promised to Northern Ireland will finally be released?
Lord Caine (Con)
I am grateful to the noble Lord. I appreciate that he has a particular interest in this area and is involved in one of the potential bids for levelling up fund money in Coleraine. As to the details, I am not in a position to give him an answer now, but I will endeavour to write to him very rapidly.
Lord Moylan (Con)
My Lords, the return of the Assembly is of course wholly welcome, but the agreement reached yesterday has implications for the whole of the United Kingdom, and many of us are concerned that it implies, in subtle and less subtle ways, a greater degree of alignment for the United Kingdom with European Union legislation, and therefore the slowing of the opportunities that are available to us from Brexit to enhance the prosperity of the country over time. But there is a more optimistic alternative view.
One of the effects of this agreement, in practice, is to introduce mutual recognition to the trading of goods in Northern Ireland, where European Union goods and British goods can circulate to different standards, provided they are destined to remain in Northern Ireland. This is a process that was ridiculed when it was put forward during the negotiations as being wholly undeliverable, but now we see it happening on the ground. So will my noble friend say whether His Majesty’s Government see the opportunity to build on this so that Northern Ireland can actually winkle its way out, eventually, from under undemocratic EU rule and remain part of the United Kingdom, as envisaged in the Good Friday agreement, for as long as the people of Northern Ireland, by a majority, support that position?
Lord Caine (Con)
I welcome the fact that my noble friend supports the restoration of the institution; where I part company is on the issue of alignment. There is absolutely nothing in this deal that prevents the United Kingdom diverging from European rules and European law, should Ministers believe that is in the interests of the UK. Fundamentally, that will be a matter for the Parliament of the United Kingdom, which remains sovereign. Indeed, the pipeline of automatic alignment is ended through this agreement by the introduction of the new robust democratic safeguards and checks, such as the Stormont brake.
So far as my noble friend’s final comments are concerned, there is absolutely no diminution in Northern Ireland’s position within the United Kingdom. As the statutory instruments make clear, Northern Ireland is a full integral part of the United Kingdom and of its internal market.
Lord Bew (CB)
My Lords, I am very glad to add to the congratulations to the Minister, who has been central to the success of this process. In the other place, the Secretary of State for Northern Ireland talked about a breakdown of trust between the United Kingdom Government and the local parties. One of the people who has worked hardest to restore that trust is the Minister.
Does the Minister agree that this is in fact also a tribute to three Prime Ministers, who worked very hard from the beginning of this Parliament, with great difficulty and often very slowly, and often under great criticism in this House, to put the Good Friday agreement back in place? This includes the commitment in the agreement to address the alienation of one or other community—in this case it was the unionist community, but not that long ago it was the Irish nationalist community on the Irish language question—and to act in the spirit of the Good Friday agreement by putting that at the centre of affairs in a way which makes quite a dramatic change.
The Minister will remember us both studying the 2018 withdrawal agreement. There was no mention at all of a role for the Northern Irish Assembly—look how far we have moved in that respect. The December 2017 agreement between this Government and Europe committed the British Government to supporting an all-island economy, which then fuelled all those in the TUV, for example, to believe that that means a politically united Ireland. In fact, 25 years ago they said the same thing about the Good Friday agreement. Does the Minister agree that that scenario has also passed as a result of the Command Paper?
Finally, does the Minister agree that there was a certain irony when we debated the Bill of the Johnson Government in this House? I can remember being told very firmly that the DUP will always let you down. Does he think that we can now smile at that? I should say that was from the noble Lord, Lord Clarke of Nottingham.
Lord Caine (Con)
I thank the noble Lord, who is my good friend, for his kind words. I pay tribute to him for the many hours of work he put into this process behind the scenes in bringing us to this place—and, if I am allowed to say, to members of his wider family. In the interests of brevity, I endorse entirely his comments. I reiterate my tribute to the Prime Minister and the Secretary of State for Northern Ireland for the fantastic work they have done in bringing us to this place.
Lord Jackson of Peterborough (Con)
My Lords, I warmly congratulate my noble friend; I have known him for a long time, since our work together in the Northern Ireland Office. Of course, we all welcome the re-establishment of the devolved Administration. On territorial integrity, are we not, in these statutory instruments, codifying in statute the subjugation and suspension of Article VI of the Acts of Union? The noble Lord, Lord Dodds, mentioned the issue of EU law continuing in Northern Ireland and the sea border remaining. Does not having to apply for authorisation for trade in your own country, of necessity, simply fetter trade, as between Great Britain and Northern Ireland? The commitment to protect the trade flows between Great Britain and Northern Ireland, in respect of a permanent guarantee, is contained only in the Command Paper and does not have a statutory basis. Might not a future Government very well disregard it in the absence of bespoke legislation?
Lord Caine (Con)
My noble friend will be aware that the statutory instrument, which we will have the opportunity to debate at length, reaffirms the supremacy of UK law, including the Acts of Union, in respect of Northern Ireland. On the trade issue, the aim of the second statutory instrument is to future-proof Northern Ireland’s position within the UK internal market. Of course, no Parliament can bind its successors, but the statutory instrument would ensure that any changes would require changes in law.
Lord McCrea of Magherafelt and Cookstown (DUP)
My Lords, it is a fact that in any agreement the devil will be in the detail; therefore, can we have clarification? Does Northern Ireland remain under EU single market laws for production of food and agri-food? Do His Majesty’s Government believe that the Irish Sea border has fundamentally been changed? Is there a fundamental change to the Windsor Framework or is it still operational, and will Northern Ireland be able to enjoy UK state aid like every other part of the United Kingdom, without reference to the EU?
Lord Caine (Con)
The Government are absolutely confident that this deal will guarantee the smooth flow of goods throughout the United Kingdom. That is not just the opinion of the Government but of the noble Lord’s party leader, on which basis he has advised his party to go back into the Northern Ireland Executive. We will have a chance to debate these points more fully, in the interests of other speakers. I am sure we will come back to them during the debate.
Baroness Bennett of Manor Castle (GP)
I rise to reflect the views of the Green Party in Northern Ireland and join everyone here in welcoming the end of limbo, but I stress that a return to the current form of devolved government is not a cure-all. Does the Minister agree that the return of the Executive has to happen in a framework of understanding the need to do things differently? In particular, empowering local communities through more local democracy and activities such as local people’s assemblies will be very helpful going forward.
Lord Caine (Con)
Those will of course all be matters for the new Executive to take forward, not for His Majesty’s Government to impose. However, I am sure that they will take note of the comments of the noble Baroness.
Lord Godson (Con)
My Lords, I join my noble friend the Minister in welcoming this Command Paper, Safeguarding the Union, which by common consent constitutes the most extensive set of commitments in decades, by any Government, to strengthening the union, and thus fulfils many of the consent principles enshrined in the 1998 Belfast agreement. Of course, this needs to be set in the broader context of this Government’s pro-union commitments, not least of which—I seek my noble friend’s thoughts on this—was the recent legacy legislation whereby the Government also pushed back at Dublin’s intemperate response to the very necessary legislation in this House, which he took forward here, to protect our service men and women and others besides. Does he therefore agree that the time has surely come for unionists of all hues to recognise this Government’s commitment to the union and to strengthening our United Kingdom, and for them to row behind that?
Lord Caine (Con)
I pay tribute to my noble friend for the work he has done on the Northern Ireland protocol sub-committee over the past few years and for the work of his think tank, Policy Exchange, which has helped frame the debate around a number of issues connected with the Northern Ireland protocol. I agree entirely with his comments about the Government. Anybody reading the Command Paper can be in no doubt that this is a unionist Government committed, within the terms of the Belfast/Good Friday agreement, to the maintenance and strengthening of Northern Ireland’s position within the United Kingdom. As somebody who is an unashamed and unapologetic unionist, I strongly welcome that.
Northern Ireland (Executive Formation) Bill
Lord Caine ExcerptsWednesday 24th January 2024
(3 months ago)
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The Parliamentary Under-Secretary of State, Northern Ireland Office (Lord Caine) (Con)
My Lords, before I move to the Bill, this is the first opportunity I have had at the Dispatch Box to welcome my noble friend Lord Empey back to his place and to pass on formally my commiserations on the loss that he suffered at the end of last year. I also wish the noble Baroness, Lady Ritchie of Downpatrick, a speedy recovery from the bout of Covid from which she is currently suffering.
As many in this House will be aware, I am an unashamed and unapologetic unionist who believes that the best future for Northern Ireland lies within a strong and prosperous United Kingdom. Over my 35 years of involvement in the affairs of Northern Ireland, defending, protecting and strengthening the union has been at the forefront of everything I have sought to do, while always recognising the legitimate interests and aspirations of nationalism. That, of course, will never change. It was for these reasons—to raise up a new Northern Ireland that works for the whole community and to strengthen the union in so doing—that I supported the agreement reached on 10 April 1998. That agreement has been the bedrock of all the progress we have seen over the past 26 years. The commitment of His Majesty’s Government to the agreement, including devolution and power sharing, remains unwavering.
The focus of this Government has always been on facilitating the return of the devolved institutions and upholding the Belfast agreement in all its parts. We want to see locally elected representatives taking local decisions, accountable through the Assembly to the people they serve. That is what this short Bill is intended to help achieve.
This House is well known for, and rightly prides itself on, its ability to scrutinise line by line detailed, complex and lengthy legislation. This Bill does not fit into any of those categories: it has a sole purpose and one main clause. The legislation will retrospectively extend the Executive formation period set out in the 2022 Act from 18 January to 8 February this year. This short extension will create the legal means to enable the Northern Ireland Assembly to sit and re-establish the Executive, which, as the law stands, expired on 18 January.
Importantly, a restored Executive will have access to the significant financial package announced by my right honourable friend the Secretary of State for Northern Ireland shortly before Christmas, worth around £3.3 billion, to secure and transform Northern Ireland’s public services. Ministers will be empowered immediately to begin working to address the needs of local people and realise Northern Ireland’s potential. Our firm desire is that this Bill will help to deliver that outcome and support the return of devolved government to the people of Northern Ireland, which, in my view, is the soundest and surest foundation for the future of the union.
On that note, I hope that, for the very last time, I commend a Bill of this nature to the House.
Lord Caine (Con)
My Lords, as always, I am incredibly grateful to all noble Lords who have contributed to the debate this afternoon and into this evening.
I, like a number of noble Lords, listened to the speech of Sir Jeffrey Donaldson in the other place this afternoon. It was a powerful contribution from the leader of the DUP, and I supported much of what he said, particularly in respect of those who—as my noble friend Lord Empey said—have tried to frustrate progress in Northern Ireland over many years and have delivered nothing. I was also moved by his comments about the threats and intimidation that he has received. I know I speak for all Members of this House when we pass on our support for him and wish him well. It was one of the Mitchell principles back in the 1990s that politicians in Northern Ireland should pursue their objectives exclusively by peaceful and democratic means. That is as sound a principle today as it was then and should be for the future.
With the leave of the House, I will try to respond to a number of the points that have been made. Inevitably, a number of speeches this afternoon strayed outside the scope of the Bill. Perhaps that was inevitable, given it has only one main clause and one main purpose, which is to move a date.
I am pleased that, at least, there appears to be broad agreement on the substance of the Bill, and I am particularly grateful to the opposition parties for agreeing to its expedited passage through this House and the other place. Our priority must be the restoration of devolution in Northern Ireland, and this is the issue on which we are completely focused. I agree entirely with the noble Baroness and the noble Lord, Lord Murphy of Torfaen, on that.
We all want to see progress within the next fortnight. As was said during the debate in the other place this afternoon, there is no deal at the moment. We hope there will be one within the space of time that this legislation provides. I say in response to a number of noble Lords who were looking for more detail that should there be a deal it will be brought before Parliament, and both Houses will have the opportunity to carefully scrutinise the details or, as my Democratic Unionist Party colleagues normally put it, the fine print. We are not there yet, and the House contains enough seasoned negotiators in Northern Ireland politics to recognise that it would be unwise, even if I were able, to go into detail at this stage about any discussions that might be taking place. In response to my noble friend Lord Empey on the rationale for the Bill, suffice it to say that we believe the next fortnight provides an optimum period for the possibility of reaching an agreement. That is where we are focused.
I say in response to the noble Baroness, Lady Suttie, that we will continue to prepare for all eventualities, and will update the House if it has not proven possible to restore the Executive by the date which is set out in the legislation, 8 February. She asked whether we would bring forward more substantial legislation. We are currently looking at all eventualities, but if new legislation comes forward, Parliament will have the opportunity to examine it carefully.
The noble Baroness mentioned the possibility of further reform, and my noble friend also touched on reforms to the institutions. The approach of the Government to this has been consistent over a number of years, and we will always look at sensible suggestions for reform. I agree with those who suggested that the Belfast agreement was never intended to be set in tablets of stone. It has already evolved, and there were changes. The noble Lord, Lord Dodds, refers to the Belfast agreement as amended by St Andrews, as there were significant changes in the St Andrews agreement, and changes in the Stormont House agreement, and so on. The test for any reforms has to be that they will command widespread support and consent across the community, and they must be consistent with the underlying and enduring principles of the Belfast agreement.
Much of the debate focused on the reasons why devolved government is not currently in place in Northern Ireland, and the principal one is the DUP’s current opposition to the provisions of the Windsor Framework. If noble Lords will forgive me, and in the interests of time, I do not intend to have a lengthy debate about the Windsor Framework, which has been debated in this House on many occasions. Suffice to say, the Government are well aware of the concerns of the Democratic Unionist Party—it would be strange if we were not given the number of times they have been expressed. We are looking at what we can do to clarify any outstanding points there might be, recognising that the substantive negotiations came to an end shortly before Christmas. We are, and always have been, willing to clarify certain points that might arise.
Another key theme of this afternoon was the union. I set out my own rock-solid support for the union at the beginning of my opening speech. I will part company slightly with some of my colleagues behind me in respect of the constitutional position of Northern Ireland. There are two constitutional outcomes provided for in the 1998 agreement, which are reflected in the Northern Ireland Act 1998: Northern Ireland is either part of the United Kingdom, or part of a united Ireland. I am very sure that Northern Ireland remains an integral part of this United Kingdom, something I wish never to see change.
The noble Baroness, Lady Foster—she is my friend—referred to the concept of the all-Ireland economy. I entirely agree with her, and the Government have made it clear, that there are two economies on the island of Ireland. One of those, the Northern Ireland economy, is an integral part of the world’s sixth-largest economy, from which Northern Ireland gains considerable strength and security. We should never forget that fact.
I hear what has been said about public sector pay; there appears to be unanimity among most of the parties in the House on this issue. I see the noble Lord, Lord Coaker, confirming that from his sedentary position. Let me reiterate, as I did at the outset, that the £3.3 billion package is very much on the table for an incoming Administration in Northern Ireland. The noble Baroness, Lady Foster, mentioned money for tackling current pressures. She will be aware that the issue of the block grant is, rightly, one for negotiation between His Majesty’s Treasury and an incoming Northern Ireland Executive, but I will take back her comments and may write to her in more detail on that subject.
In conclusion, I hope shortly to be in a position where we have the return of devolved government in Northern Ireland and no longer need to have these rather novel pieces of legislation. I agree with my noble friend that it is very unsatisfactory. All I would say is that it is certainly not the first time we have introduced novel and expedited legislation in Northern Ireland. I look forward to a time when any Northern Ireland legislation is dealt with in a proper and considered way while most of the decisions are taken, rightly, in the Assembly, by local politicians in that Assembly answerable to their electorate. On that note, I very much hope that we can make some progress in the next two weeks, before 8 February, as set out in the legislation.
Northern Ireland: Industrial Action
Lord Caine Excerpts(3 months, 1 week ago)
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Lord McCrea of Magherafelt and Cookstown
To ask His Majesty’s Government what assessment they have made of planned industrial action in Northern Ireland, and what plans they have made to release funding for public sector pay awards.
The Parliamentary Under-Secretary of State, Northern Ireland Office (Lord Caine) (Con)
My Lords, the Government will continue to work closely with the Northern Ireland Civil Service, which is leading the response to the widespread action. Tomorrow’s strike will be disruptive for people across Northern Ireland, and we know this is an extremely frustrating time for workers. While public sector pay is devolved, His Majesty’s Government have offered a generous package worth more than £3 billion that addresses public sector pay and would be available from day one to a restored Executive.
Lord McCrea of Magherafelt and Cookstown (DUP)
I thank the Minister for his reply. Thousands of workers across Northern Ireland are striking tomorrow because, despite unprecedented levels of inflation and pay agreements to reduce the impact of inflation on their living standards, they are still waiting for pay increases to be awarded. The Government have accepted that the Northern Ireland budget should be increased to finance these awards, but the Secretary of State claims that they cannot be paid because the Northern Ireland Assembly is not sitting. This is not true. Between December 2022 and December 2023, 30 different decisions in relation to pay were taken by civil servants in Northern Ireland.
The issue is whether the Secretary of State will release the money to enable the payments to be made. He seems to prefer to use workers as pawns to put pressure on my party to accept the Windsor Framework and the Northern Ireland protocol. Our call to release the money is supported by the unions, the head of the Civil Service and all political parties in Northern Ireland. Therefore, will the Minister inform the Secretary of State that he must stop using workers and their well- earned pay increases as pawns in his game of political brinkmanship and realise that bribery and bullying will not force unionists into accepting constitutional arrangements that will destroy the union in the long run by aligning Northern Ireland with the European Union instead of the United Kingdom?
Lord Caine (Con)
My Lords, I am grateful to the noble Lord for his many questions. In respect of the cost of living, I remind him that this Government have delivered on their pledge to halve inflation, and from the beginning of this year have cut taxes to ease pressures on household incomes.
The noble Lord will be aware that the Government do not have the powers directly to negotiate public sector pay in Northern Ireland. This is a devolved matter for a Northern Ireland Executive. The package to which I referred a few moments ago remains on the table for an incoming Executive. Of the £3.3 billion, somewhere in the region of £580 million is earmarked for relieving pressures on the public sector. So far as the Windsor Framework is concerned, he will not be surprised to hear that I do not share his characterisation. I believe the Windsor Framework is the right basis for reforming the Executive and having the devolved institutions back up and running in Northern Ireland, delivering for the entire community.
Baroness Hoey (Non-Afl)
My Lords, the Minister knows Northern Ireland and Northern Ireland people very well, and he must know that Northern Ireland people are not going to be bullied and blackmailed. I am afraid the truth is that the Secretary of State—perhaps not just this one but previous Secretaries of State too—have pushed hard to use this as a weapon against the DUP. Even the trade unions know, despite their views differing on the DUP and whether the Assembly should be back, that this is not about that; it is about blackmailing and bullying. I am very disappointed. I know this is above his pay grade, but the Minister must know that what is happening to the trade unions and people in working positions in Northern Ireland is quite disgraceful. He and the Secretary of State are allowing the people of Northern Ireland to suffer for something that could be solved today.
Lord Caine (Con)
I thank the noble Baroness. She will not be surprised to hear that I do not share her characterisation of the Government’s approach as one of bullying and blackmail. In fact, as I set out a moment ago, the funding package on the table is extremely generous and would allow an incoming Executive to deal with all these matters and help the transformation of public services. The imperative in Northern Ireland is to get the Executive back up and running and functioning.
Lord Swire (Con)
This is not intended to be either blackmailing or bullying, but is there not a case for re-examining the pay for MLAs? I know they already receive a reduced amount, but the longer the Assembly is not sitting, surely the stronger the case for further reducing the amount they are paid not to attend.
Lord Caine (Con)
My noble friend will be aware that MLAs’ pay has already been reduced by 27%. I assure him that this is a matter that my right honourable friend the Secretary of State keeps under constant review.
Baroness Ritchie of Downpatrick (Lab)
My Lords, public sector workers in Northern Ireland demand pay parity with their colleagues right across the UK, and are undoubtedly justified in that demand, but they have been penalised because of a lack of local government in Northern Ireland. Does the Minister agree that it is now high time for the DUP to return to Stormont and ensure that the institutions that we all voted for in 1998 are up and running, reflecting the political togetherness of everybody, rather than dancing on the pin of political purism?
Lord Caine (Con)
I am grateful to the noble Baroness, Lady Ritchie of Downpatrick, for her question. She is aware, and I have stated this a number of times from this Dispatch Box, that since April 1998 I have always been a strong supporter of the Belfast agreement and the institutions that it established. I entirely agree with her that the right thing to do is to restore the Northern Ireland Executive with immediate effect.
Baroness Foster of Aghadrumsee (Non-Afl)
My Lords, it is said that the definition of insanity is doing the same thing over and over again and expecting a different result. This is not the first time that His Majesty’s Government have used this sort of tactic to try to push people who have a mandate in Northern Ireland to do something that it would go against their mandate to do. I am sure that my former colleagues in the DUP will not be bullied into making a decision that they believe is the wrong one. I am sorry to say that I disagree with what my friend, the noble Lord, Lord Swire, had to say on this matter as well. Bullying and blackmail do not work in Northern Ireland, and it is insanity to think they will. I therefore say to the Minister, who I know has Northern Ireland’s place very close to his heart, to please press on the Secretary of State that we need a different way forward for our public sector workers.
Lord Caine (Con)
I am grateful to my friend, the noble Baroness, Lady Foster, for her question. She referred to the mandate of the Democratic Unionist Party. Of course everybody respects every party’s mandate in Northern Ireland. I repeat that bullying and blackmail are not the approach of His Majesty’s Government. My right honourable friend the Secretary of State and the whole ministerial team have spent a lot of time in recent months engaging with the DUP to try to work through the outstanding issues that are preventing the establishment of an Executive. The substantive negotiations on those issues came to an end in December but, as we have made clear, we are happy to clarify where clarification is needed. I repeat that the imperative in respect of public sector pay and resolving these issues is to get the institutions back.
Baroness Smith of Basildon (Lab)
My Lords, it is an absolutely terrible situation at the moment. We have public sector workers in Northern Ireland being paid less than their counterparts across the rest of the UK. I am sure the Minister will understand the absolute frustration of the people of Northern Ireland, who saw their Assembly meet today and, yet again, be unable to elect a Speaker. The Secretary of State has been clear that he does not intend to directly release money available for public sector pay, but the people who are suffering are the public sector workers and the public they serve. It is not just the weather that is frozen in Northern Ireland at the moment. Given that the Government take that position, what steps do they intend to take next and can the Minister confirm to the House whether the Secretary of State intends to bring forward legislation—even as early as next week—to postpone further Assembly elections?
Lord Caine (Con)
I am grateful to the noble Baroness, who has great experience in these affairs as a former Northern Ireland Office Minister. I put on record my praise for public sector workers in Northern Ireland, who do an outstanding job, often in very difficult circumstances. I understand the frustrations that they face at this time. In respect of the noble Baroness’s point about parity, she will be unsurprised to hear that I am a unionist. I want parity across the United Kingdom for public sector workers, but the answer to this is not for the UK Government directly to intervene; we do not have those powers. It is for the Executive, backed by the very generous funding offer that is on the table, to deal with these challenges. On legislation, this morning my right honourable friend said at Northern Ireland Questions in the other place that he will bring forward legislation next week to deal with some of the issues to which the noble Baroness referred. She will forgive me if I do not pre-empt what he is going to announce next week.
Lord Morrow (DUP)
My Lords, the Minister has a good working knowledge of Northern Ireland, and I will be surprised if he does not agree with me that the public sector workers should receive their entitlement, bearing in mind that the money has already been made available. What makes the situation more untenable is the fact that Northern Ireland has been funded below the UK Government’s own definition of need, as set out in the Holtham formula—not just since the beginning of the financial year but since the previous financial year, 2022. I am sure he agrees that this is not acceptable, so maybe he can tell the House again why this is happening.
While I am on my feet, I commend the unions for their responsible approach to all this. They have not fallen into the trap that some of my colleagues in this House have today, in that they blame a political party for it. That is not what they are saying. On this threat of reducing the MLAs’ money, I never heard that said once in the three years that Sinn Féin held everybody to ransom in Northern Ireland.
Lord Caine (Con)
I am grateful to the noble Lord. I would like to think that, after 35 years of involvement, I have a slightly better than working knowledge of some of these matters. In respect of funding, the noble Lord repeated a point that he has made a number of times before in your Lordships’ House. I remind him that as part of the financial package on the table there is an updated Barnett formula, which is worth an estimated £785 million over five years. On need, he will also be aware that the Northern Ireland Fiscal Council stated in May 2023:
“Based on our updated calculation, the relative level of public spending in NI per head of population … is … broadly in line with … need”.
Lord Clarke of Nottingham (Con)
My Lords, the plight of the public sector workers in Northern Ireland is one of the worst consequences of the dreadful deadlock that has gripped that part of the United Kingdom for some time. It is plain that the Windsor agreement is working perfectly well and not damaging the Irish economy or the union, but the present deadlock will not be resolved because the DUP will never agree to set up a local Administration headed by a Sinn Féin leader. If this deadlock continues after the next Ulster election, will the Government see whether we can tackle the appallingly difficult process of seeing how an Executive can be set up with the other political parties that avoids the DUP’s determination to maintain a permanent veto?
Lord Caine (Con)
I am grateful to my noble friend. I entirely agree with his first points about the Windsor Framework. From everything I have seen, the framework appears to be working very well. On his second point, I am afraid I part company in that I see no evidence to support the proposition he made. In respect of reform, we have always made it clear that we will look at any sensible reforms to the system that are consistent with the underlying principles of the Belfast agreement.
Baroness Suttie (LD)
My Lords, the continued lack of an Assembly and Executive is now reaching crisis point, and the people of Northern Ireland are being badly let down. Clearly, as the parties in Northern Ireland have said, the funds should be released. Further to his answer to the noble Lord, Lord Clarke, can the Minister confirm that, in the forthcoming legislation to deal with the situation in Northern Ireland, nothing should be left off the table in terms of reform?
Lord Caine (Con)
I am very grateful to the noble Baroness. I repeat what I said to my noble friend Lord Clarke of Nottingham; sensible reforms will always be considered so long as they can command widespread consent across the community and are consistent with the principles of the agreement. On the legislation, I am afraid I cannot pre-empt what my right honourable friend is likely to announce next week. All I can do is urge the noble Baroness to contain her excitement for a few days.
Northern Ireland (Ministerial Appointment Functions) (No. 2) Regulations 2023
Lord Caine Excerpts(6 months ago)
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Lord Caine
That the Regulations laid before the House on 2 October be approved.
The Parliamentary Under-Secretary of State, Northern Ireland Office (Lord Caine) (Con)
My Lords, before I turn to the regulations, I am very conscious that this week marks the 30th anniversary of the Shankhill bombing, while next week sees the 30th anniversary of the Greysteel massacre, both heinous acts of terrorism for which there was never any justification whatever. In total, October 1993 saw 27 people killed in Northern Ireland as a result of the security situation, the highest number for any month since the 1970s, and the thoughts of the whole House will be with the victims and survivors of those atrocities. This also serves to remind us of how far we have come in the 30 years since the Downing Street declaration and the 25 years since the Belfast agreement, and how we can never tolerate any slipping back to the dark days of the past.
Turning to the regulations, the Government are, as I have stated on many occasions in this House, deeply committed to the Belfast/Good Friday agreement of 1998, and our priority is to see the return of locally elected, accountable and effective devolved government, which is and will remain the right way for Northern Ireland to be governed within our United Kingdom. In the continued absence of devolved government, the UK Government are committed to acting in the best interests of the people of Northern Ireland to ensure that public appointments are maintained until such time as an Executive are restored. We all hope that that can be achieved at the earliest opportunity.
Primary legislation was brought forward in December last year, which, among other measures, addressed the need for urgent public appointments to be made to two bodies. The 2022 Act also provided for the Secretary of State to add to that list, by way of regulations, further urgent and necessary appointments that may arise during the continued absence of an Executive. In July of this year, further legislative action was taken to bring forward a statutory instrument which added a further 12 specified offices to the list under Section 6 of the 2022 Act.
Unfortunately, as we are well aware, the Executive have still not reformed. Therefore, following a request from the Executive Office in Northern Ireland and a further request from the Department of Justice in relation to senior appointments to the Police Service of Northern Ireland, a second statutory instrument was brought forward which includes a further list of specified offices which have been identified by the Executive Office as urgent and critical.
The instrument adds to the list in Section 6 of the executive formation Act, enabling the Secretary of State to exercise the appointment functions of a Northern Ireland Minister in relation to the offices, and will allow for appointments to be made to these bodies which will continue to safeguard the quality and delivery of public services within Northern Ireland—and of course these offices will include a new chief constable of the Police Service of Northern Ireland.
These are important offices, and the exercise of appointment functions in the coming months is critical for the continuance of good governance in Northern Ireland. I therefore beg to move.