Northern Ireland: Devolved Powers
Lord Dunlop Excerpts(7 years, 10 months ago)
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Lord Lexden
To ask Her Majesty’s Government what provision has been made for the continuing operation of devolved powers in Northern Ireland.
The Parliamentary Under-Secretary of State, Northern Ireland Office and Scotland Office (Lord Dunlop) (Con)
My Lords, following the resignation of Martin McGuinness last week, the Secretary of State for Northern Ireland has proposed a date for elections to the Northern Ireland Assembly on 2 March in accordance with his responsibilities under relevant legislation. As the Secretary of State made clear in Parliament yesterday, Northern Ireland needs strong and stable devolved government to continue implementing the Belfast agreement and its successors and to respond to the opportunities and challenges ahead.
Lord Lexden (Con)
My Lords, this is a grave moment for part of our country—our precious United Kingdom, as the Prime Minister described it yesterday. The people of Northern Ireland must surely be at the forefront of our thoughts on all sides, in both Houses of Parliament, at this time. Will the Government confirm that it is within the framework of the union, and that alone, that the rebuilding of political stability in Northern Ireland will take place? Will this Conservative and Unionist Government now give a clear commitment that the Irish Republic, a close and respected neighbour, will not be given an enhanced role in Ulster’s affairs, and there will be no moves whatever towards joint authority over Northern Ireland?
Lord Dunlop
My Lords, first, I take this opportunity to wish John Hume a happy 80th birthday today. As the House will know, he, along with my noble friend Lord Trimble. was awarded the Nobel Peace Prize for his role in the 1998 Belfast agreement. My noble friend Lord Lexden raises an important point. I can confirm that the Government remain fully committed to the Belfast agreement, including the principle of consent governing Northern Ireland’s constitutional position. It is on that basis that Northern Ireland is, and remains, a full part of the United Kingdom. Clearly, any form of joint authority would be incompatible with the consent principle. The Government’s priority remains to work intensively to ensure that, after the Assembly elections, strong and stable devolved government is re-established in Northern Ireland.
Lord Hain (Lab)
Why is it that the Government give the distinct impression of being hands-off rather than hands-on during this escalating crisis? Clearly, the parties, since their relations have deteriorated so terribly, are not going to sort this out on their own, even after an election. It is vital that the Secretary of State and the Prime Minister convene meetings—whether summits or other gatherings—to bring the parties together, and that they do so with the Taoiseach as well. Regardless of joint sovereignty arguments, which are irrelevant in this, the Irish Government are very influential, must be brought in, and are a partner in the Good Friday agreement.
Lord Dunlop
I do not accept the premise of the noble Lord’s question. Both the Prime Minister and the Secretary of State for Northern Ireland have been very actively engaged in talking to the Taoiseach and the parties in Northern Ireland. We will continue to leave no stone unturned to ensure that we are in the best possible position after the election to re-establish a fully functioning Executive.
Lord Bew (CB)
The Minister will be aware that just before this major crisis broke, the Northern Ireland Office issued a document on the issue of the donations to political parties, which are private and secret matters in Northern Ireland, for very good historic reasons. It is now calling for a consultation, giving the impression that it wants to review policy in this area. Does the Minister agree that, in fact, it is the suspicions in and around donations related to this great financial scandal which complicate the matter? Will the Northern Ireland Office carry on this work despite the fact that there are many other grave matters at this time?
Lord Dunlop
I agree very much with the noble Lord that this is an important matter. Indeed, the Secretary of State for Northern Ireland wrote recently to all the political parties in Northern Ireland to seek their views on it by 31 January, so that we are in a position to move forward with this once we have had the election.
Lord McAvoy (Lab)
My Lords, it is a well-known fact that it can never be too early to start discussions regarding problems and issues in Northern Ireland. Notwithstanding the fact that an election will now take place, can the Minister confirm whether the Secretary of State for Northern Ireland is willing to consult with all political parties in Northern Ireland during the election process, so as to pave the way, hopefully, for that Assembly to operate, once it is elected?
Lord Dunlop
I do think that it is important to keep open the lines of communication with the parties throughout the election period for precisely the reason that the noble Lord gives. We need to have an open dialogue so that we are in the best possible position to re-establish a strong and stable devolved Government after the poll in a few weeks’ time.
Lord Robathan (Con)
My Lords, will this hiatus allow the Government to take forward in any way the legacy package of the Stormont House agreement? Former police officers went out to serve in Northern Ireland to protect both sides of the community and are being prosecuted disproportionately compared to the terrorists whom they were protecting the community from.
Lord Dunlop
I very much agree with my noble friend. The current situation is unsatisfactory and it remains a priority for the Government to build a consensus on this issue and to find a way forward. The Stormont House agreement provides a framework for reform and the new institutions and will, we believe, provide a fairer, more balanced and proportionate way forward.
Northern Ireland Assembly Election
Lord Dunlop Excerpts(7 years, 10 months ago)
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The Parliamentary Under-Secretary of State, Northern Ireland Office and Scotland Office (Lord Dunlop) (Con)
Mr Speaker, with permission I will repeat a Statement made by my right honourable friend the Secretary of State for Northern Ireland in the other place. The Statement is as follows:
“Mr Speaker, with permission, I should like to make a Statement regarding the forthcoming elections to the Northern Ireland Assembly.
As the House is aware, Martin McGuinness resigned as Deputy First Minister of Northern Ireland on Monday 9 January, as a result of which the First Minister also ceased to hold office. This began a seven-day period in which to fill both positions, otherwise it would fall to me to fulfil my statutory obligations as Secretary of State to call a fresh election to the Northern Ireland Assembly.
Over the past week, I have engaged intensively with Northern Ireland’s political parties to establish whether any basis existed to resolve the tensions within the Executive without triggering an election. I have remained in close contact with the Irish Foreign Minister, Charlie Flanagan. In addition, my right honourable friend the Prime Minister has also been kept fully informed and has had conversations with the former First and Deputy First Ministers and with the Taoiseach, Enda Kenny.
Regrettably, and despite all our collective efforts, it has not proved possible to find an agreed way forward in the time available. In the Northern Ireland Assembly yesterday, the Democratic Unionist Party nominated Arlene Foster as First Minister, while Sinn Fein declined to nominate anybody to the post of Deputy First Minister. While I have some discretion in law over the setting of a date of an election, given the circumstances in which we find ourselves in Northern Ireland, I can see no case for delay. As a result, once the final deadline had passed at 5 pm yesterday, I proposed Thursday 2 March as the date of the Assembly election. The Assembly itself will be dissolved from 26 January, meaning that the last sitting day will be 25 January, allowing time to conduct any urgent remaining business before the election campaign begins in earnest.
I am now taking forward the process of submitting an Order in Council for approval by Her Majesty the Queen, on the advice of the Privy Council, formally setting in law the dates for both Dissolution and the election. In setting these dates, I have consulted the Chief Electoral Officer for Northern Ireland, and he has given me assurance on operational matters relating to the running of the election. The decisions that I have taken have also been informed by my ongoing discussions with Northern Ireland’s political leadership.
All right honourable and honourable Members in this House will understand that elections, by their nature, are hotly contested. That is part of the essence of our democracy, and nobody expects the debates around the key issues in Northern Ireland to be anything less than robust. I would, however, stress the following. This election is about the future of Northern Ireland and its political institutions: not just the Assembly, but all of the arrangements that have been put in place to reflect relationships throughout these islands. That is why it will be vital for the campaign to be conducted respectfully and in ways that do not simply exacerbate tensions and division.
Once the campaign is over, we need to be in a position to re-establish strong and stable devolved government in Northern Ireland, and let me be very clear that I am not contemplating any outcome other than the re-establishment of strong and stable devolved government. For all the reasons I set out in my Statement last week, devolution remains this Government’s strongly preferred option for Northern Ireland. It is about delivering a better future for the people of Northern Ireland and meeting their expectations. For our part, the UK Government will continue to stand by our commitments under the Belfast agreement and its successors, and we will do all that we can to safeguard political stability.
Over the past decade, Northern Ireland has enjoyed the longest run of unbroken devolved government since before the demise of the old Stormont Parliament in 1972. It has not always been easy, with more than a few bumps in the road. But with strong leadership, issues that might once have brought the institutions down have been resolved through dialogue. Northern Ireland has been able to present itself to the world in a way that would have been unrecognisable a few years ago: a modern, dynamic and outward-looking Northern Ireland that is a great place to live, work, invest and do business.
Northern Ireland has come so far, and we cannot allow the gains that have been made to be derailed. So yes, we have an election, but once this election is over we need to be in a position to continue building a Northern Ireland that works for everyone. That is the responsibility on all of us, and we all need to rise to that challenge. In that spirit, I commend this Statement to the House”.
Baroness Suttie (LD)
My Lords, I too thank the Minister for repeating the Statement, and I too very much regret that it has not been possible to find a way through the current crisis.
Northern Ireland has come such a very long way since the dark days of the Troubles. A great many people, including many Members of your Lordships’ House, have worked tirelessly, made sacrifices and accepted compromises to ensure that there is now a generation of young people in Northern Ireland who have grown up without the daily threat from terrorism. Like the Secretary of State for Northern Ireland I very much hope that, after the inevitable cut and thrust of the forthcoming election campaign, we can return full-heartedly to this process.
However, the incident in Poleglass at the weekend, where a viable explosive device was discovered, serves as an all-too-clear reminder that this process cannot be taken for granted. I take a moment to pay tribute to the PSNI officers and the Army bomb disposal team who worked in the area to ensure the safety of the local community.
I share the concern expressed by many in recent days that the forthcoming election campaign risks further entrenching division and increasing mistrust between the political parties in the Assembly. Northern Ireland now faces extremely important and difficult negotiations over Brexit—perhaps more so because of the Statement earlier today.
Now, more than ever, the people of Northern Ireland need a strong, functioning Government to ensure that their voice is heard. To that end, can the Minister guarantee that the Secretary of State will continue to consult all political parties in Northern Ireland on Brexit during the election period? Will he consider convening discussion with all political parties, as well as the wider community, in a format that will allow the proper space for informed thinking and debate to ensure the best outcome for all the people of Northern Ireland in the Brexit negotiations?
Finally, will the Minister ensure that there is no delay in establishing an independent inquiry into the RHI scheme? Such an inquiry is desperately needed to help to restore confidence and trust in politics in Northern Ireland.
Lord Dunlop
My Lords, I say first how grateful I am for the comments of the noble Lord and the noble Baroness. I understand the disappointment that will be felt on all sides of the House and all sides of the community in Northern Ireland at the situation that we find ourselves in. I give an absolute assurance to the House that the Secretary of State is aware of his responsibility to continue to take matters forward and seek a resolution. I echo the tribute that the noble Baroness paid to the security services and the PSNI, which do so much to keep all the community in Northern Ireland safe.
I also welcome the support of the parties opposite for the need to work together to re-establish strong devolved government in Northern Ireland. The Government are in absolutely no doubt that strong devolved government is in the interests of everyone in Northern Ireland. It is incumbent on all of us to use the time between now and election day to maintain an open dialogue and consider how best to bring people back together once the election is over. In that regard the issue of engagement with the Irish Government was raised and, yes, of course the Government will maintain very close contact with the Irish Government so that we all use our good offices to seek resolution of these very challenging issues.
In the 10 years that Northern Ireland has enjoyed devolved government we have all seen the great strides made, and we owe a duty to the people of Northern Ireland to build on that progress. The UK Government are committed to doing that constructively and positively. As is made clear in the Statement, of course the election will be hotly contested, but we urge all the parties to conduct that election responsibly and with respect. Throughout the period, the Secretary of State and the Government as a whole will certainly keep open lines of communication to create the conditions that give us the best possible chance of establishing a fully functioning Executive after the election.
For the issues of dealing with the legacy of the past and dealing with preparing properly for the Brexit negotiations, it is in everybody’s interest to have a fully functioning Northern Ireland Executive. With regard to preparing for the Brexit negotiations, of course Northern Ireland Executive Ministers will remain in post throughout the period up to the election and invitations to take part in all the various meetings, including the joint ministerial committee, will be issued to the Executive. The Government are very keen to ensure that the Executive are represented as we continue discussions in the JMC.
Of course the Secretary of State and the Northern Ireland Office as a whole will continue to seek views regarding the Brexit negotiations, and we have been very proactive in engaging stakeholders across Northern Ireland to pin down the key issues that we need to bear in mind. The Prime Minister’s speech today makes clear the priority we attach to Northern Ireland and to ensuring that its voice is heard loud and clear as we prepare for these negotiations.
Lord Rogan (UUP)
My Lords, I wish to ask two questions. As the noble Baroness, Lady Suttie, has indicated, the electors of Northern Ireland wish to have clarity, not least after the statement of the former Minister Mr Jonathan Bell in Stormont yesterday on what role First Minister Arlene Foster, others in the DUP and their spads played in the RHI debacle. Now that the Northern Ireland Executive have collapsed, and following the forthcoming election, if Sinn Fein/IRA maintains that it will not nominate for office in a new Executive, a strongly likely if not certain consequence is that we will not be able to form a new Administration. Will the Secretary of State establish a public inquiry under Section 205 of the Act into the RHI scandal?
Further, given that the Government have indicated that we are now leaving the single market and will not be full members of a customs union, how will the Government particularly ensure that trade can flow unhindered between Northern Ireland and the Republic of Ireland?
Lord Dunlop
Of course the Government agree that it is absolutely essential that we establish the facts and where accountability should lie around the renewable heat initiative scheme. As the Secretary of State made clear earlier in another place, clearly this is a devolved matter and we are firmly of the view that the best approach is that an independent inquiry should be established by the devolved institutions. It is absolutely vital that any inquiry needs to command the acceptance of all the political parties in Northern Ireland and provide widespread confidence across the community. Of course, the Secretary of State will continue to explore options during the election.
With regard to the issue about the border, the Government are absolutely clear that they do not want a return to the borders of the past. As we heard in the previous Statement, we are looking at all the practical options and solutions that will deliver the outcome that the Government want—the maintenance of the common travel area and frictionless trade across the border in the island of Ireland.
Lord Hain (Lab)
As my friends in all the parties in Northern Ireland will confirm, I hold no brief for any of them or I would not have been able to negotiate the settlement that we achieved in 2007, especially between the DUP and Sinn Fein. But just as unionists found in the Good Friday architecture comfort from the fact that a referendum protected their ambition to stay within the union, would the Minister accept that republicans and nationalists also found in that architecture that their legitimate political—not terrorist—ambition to reunite both halves of the island of Ireland was also protected? I believe that the current situation is very serious for the future. If republicans above all believe that, either through Brexit and the uncertainty over the border, whatever the Government say, or through the failure to show good will over issues important to them, such as the Irish language and equality issues, there is no progress on those questions, I fear that you could see an unravelling of the consensus that has been so painfully established over decades of negotiation. That is the danger that we face. Do the Government understand that?
Lord Dunlop
First, I acknowledge the role that the noble Lord has played in the past in helping to set up the situation in which we have had the longest unbroken period of devolved government. Yes, of course, the Government are very alive to the seriousness of the situation, and it is absolutely clear that there has been a breakdown in the relationship between the two main governing parties. That is why we must use all the period between now and the election to maintain the lines of communication so that, in that three-week period that emerges following the election, we can create the conditions in which we stand the best chance of putting together a fully functioning Executive.
Lord Murphy of Torfaen (Lab)
Will the Minister take very seriously the points that my noble friend Lord Hain made on the issues that need to be confronted in Northern Ireland? In the forthcoming month there will not be much time to talk to the political leadership in Northern Ireland, of all the parties, but the Northern Ireland Office knows what those issues are, and it must work overtime so that on 3 March the issues to which my noble friend and others have referred will be looked at and examined by the Northern Ireland Office and the Secretary of State, so that that solutions might be found and put on the table. It is not just about listening, although of course that is hugely important; it is about giving some ideas as well.
Secondly, as I said last week, there is a very important role for the Prime Minister and the Taoiseach in all this, so that when the elections are over they too play a very full part in trying to come to a solution.
Lord Dunlop
I thank the noble Lord, who has also played a very honourable and noble role in the peace process and in establishing and laying the ground for the period of devolved rule that we have had. On his second point, clearly the Prime Minister is actively involved. In the last 24 hours, she has spoken to the Taoiseach, Arlene Foster and Martin McGuinness. But as I think the noble Lord implicitly acknowledges, it is right in the first instance for the Secretary of State for Northern Ireland to take the lead, which he has been doing—and, of course, the Prime Minister stands ready to do all that she can to assist the process and discharge our primary responsibility for safeguarding the political stability of Northern Ireland. So we will use the period ahead to best effect to ensure that we are in the best position once the election is over.
Lord Lexden (Con)
In the course of the discussions that have taken place in the last week, has Sinn Fein indicated any willingness to return to the Executive after the elections? In particular, is there any suggestion that preconditions would have to be met before it did so?
Lord Dunlop
I understand that my noble friend tempts me to disclose the subject matter of discussions which must necessarily be confidential. Those who have been involved in Northern Ireland for a long time know that the best chance of building trust and confidence is when discussions between the UK Government and the parties are kept confidential.
Baroness O'Loan (CB)
My Lords, it is with great sadness that I ask the Government two questions today. First, to what extent are the House and the Government aware of the deep distrust and dysfunction which have marked our politics for the last years? Since the last election, the Assembly has not been functioning. It has managed to pass one Act: the Finance Act is the only piece of legislation passed in the Northern Ireland Assembly. On 23 December it was announced that all our school budgets had been rejected by the education authority; our schools are in a parlous state. Yesterday, I heard that 97% of our GPs have signed resignation letters because of the parlous state of the health service. They are undated but the chairman of the General Practitioners Committee said that the situation is catastrophic. Although the Minister had to respond as he did to the noble Lord, Lord Lexden, the reality is that we all know the conditions that Sinn Fein is putting on going back into government. Therefore, we all know that there will not be a Government. We will have an election, but we will not have an Assembly. The Government must have known this; they must have been informed of this by Northern Ireland Office officials over the past year or two. What do they mean to do now to exert positive pressure to enable the people of Northern Ireland to have an Assembly which can do that which has not been done for a long time?
Lord Dunlop
I thank the noble Baroness. As I said in answer to a previous question, we obviously recognise the tensions that have existed and have led to a breakdown in the relationship between the main governing parties in the Executive. There are noble Lords in this House who are more experienced than I in the workings of Northern Ireland, and there have been many occasions when the parties there have faced what seemed to be insuperable challenges yet they overcame those challenges and found a way forward despite them. That is what the people of Northern Ireland now expect. It is for their political leaders to show leadership and work through the many difficult issues that need to be worked through so that we can achieve what everybody in the community in Northern Ireland wants: the continuation of strong and stable devolved institutions.
Lord Cormack (Con)
My Lords, it is impossible to exaggerate the gravity of the situation. The Secretary of State clearly cannot become involved in an election campaign, but can my noble friend assure me that he will be available throughout, in Northern Ireland, to consult with the individual parties contesting the election? I hope that my noble friend will agree that everything possible must be done before election day, to try to ensure that that very short period of three weeks results in another power-sharing Executive and not in another dissolution, another election and the imposition of direct rule.
Lord Dunlop
I absolutely give my noble friend that assurance. The lines of communication will remain open. We need an open dialogue during this period. It is in everybody’s interest to make a success of devolved government. As the Secretary of State made clear earlier, he is not contemplating alternatives to the re-establishment of a fully functioning Executive.
Lord West of Spithead (Lab)
My Lords, given the context of the current confusion, will the Minister consider the issue of natural justice for those of our servicemen who are accused of acts allegedly committed more than 40 years ago? Will something be done to stop that happening given that nothing has happened with regard to members of the IRA, for example, who have allegedly committed atrocities? I hope that this will not now go on the back burner because of all the confusion.
Lord Dunlop
I thank the noble Lord. Certainly, the Government absolutely recognise the unsatisfactory nature of the current state of affairs. As I said earlier, we pay tribute to the work that the PSNI and the Armed Forces have done over the years in creating the conditions in which the peace process could develop, and of course the work will continue. It is very important to build a consensus. It is a high priority for the Secretary of State to bring about reform that brings about a fairer and more balanced and proportionate system for examining and dealing with the issues of the past. We will continue to do that. However, that is why—I come back to this point—we need to work so hard to get stable devolved institutions back functioning. The Stormont House agreement provided a framework. We believe that the legacy institutions set out in that agreement provide the basis for that fair, balanced and proportionate way forward on legacy issues.
Lord Hay of Ballyore (DUP)
My Lords, I too welcome the Statement. I have to say that it is a sad day for Northern Ireland. Many of us in this Chamber worked hard over a number of years to get where we are in Northern Ireland. No one in this Chamber should underestimate the huge challenge faced by our politicians in Northern Ireland after these Assembly elections in trying to put a power-sharing Government together in Northern Ireland. I want to tease out an issue from the Minister. In the Statement, the Secretary of State said:
“Once the campaign is over, we need to be in a position to re-establish strong and stable devolved government in Northern Ireland”.
Those are fine words. However, I think that that will be much harder to achieve because I believe that the election results will reflect a similar position to the one we have today. The demands of Sinn Fein may be very difficult for any of our politicians in Northern Ireland to meet. On this occasion, the Northern Ireland Office Secretary of State went to elections. I can understand why he did so but the next time round I hope that it will not be a case of having elections. It is all right talking to and meeting the parties, but what plans are the Government bringing forward to try to resolve this issue? Up until now, I have seen nothing. It was probably an easy option for the Secretary of State to go to elections. On the next occasion, it will not be an easy option. I ask the Minister, with great respect, what plans will the Government bring forward to the parties with their own ideas on solving this problem?
Lord Dunlop
I thank the noble Lord. I say in reply to his question that the Government can have ideas but fundamentally this is about the relationship between the two main governing parties in the Executive. Primarily, they need to sit down round the table, work through the issues and put together a viable proposition for governing in a devolved situation in Northern Ireland. The UK Government will play their part to facilitate that.
Lord Empey (UUP)
My Lords, the Minister will be aware that the Assembly has not agreed a budget for next year, and organisations that rely on government aid are sending out redundancy notices. Can he also clarify one point? I accept that he does not wish to contemplate failure or direct rule. However, there are only 14 days from the time the Assembly meets to the time there is another election call. In those circumstances, will he now take the opportunity clearly and unequivocally to rule out any prospect of any form of joint authority as a long-term solution should a failure occur after this election?
Lord Dunlop
I thank my noble friend. As I said when I repeated the Statement last week, the constitutional position of Northern Ireland is clearly set out in the Belfast agreement and the Northern Ireland Act 1998. The UK Government will absolutely meet their commitment and respect fully the constitutional position that is set out in the agreement and in that Act.
Lord Elystan-Morgan (CB)
The Good Friday agreement was a shining jewel in the turbulent history of Anglo-Irish relations. The idea that anything should happen that would jeopardise its success is no less than awesome. In the circumstances, would Her Majesty’s Government consider the possibility of using the good offices of some person, male or female, of international renown and independence to try to broker a peaceful solution in this context, something which has happened in the past with great success?
Lord Dunlop
I thank the noble Lord. Clearly, we will look at all ideas and suggestions for finding a way through that, and I will certainly reflect on what he said.
Lord Alton of Liverpool (CB)
My Lords, the Minister was right to remind us in the Statement that the situation in Northern Ireland now is unrecognisable compared with the past and that we have come a long way. I was reflecting on the fact that in 1979, the day after I was elected to another place, Airey Neave was murdered in the precincts of Parliament, and in the years that followed thousands of people died, thousands were injured and a huge amount of damage was done up and down the country. Yet, by contrast, speaking at Stormont just a few weeks ago, I was very impressed—notwithstanding some of the paralysis in the Assembly itself, to which my noble friend Lady O’Loan referred—by the high integrity of many Members of the Assembly as individuals. Surely, if all these gains that have been made are not to be squandered, it is right to do as the Minister said, and for all to show a great sense of statesmanship and to ensure that they can bring power-sharing back as a reality in Northern Ireland as soon as this election has been held.
Lord Dunlop
I can only agree very much with what the noble Lord said. I hope that all the parties in Northern Ireland will heed what he said and move forward in that spirit.
Northern Ireland: Political Developments
Lord Dunlop Excerpts(7 years, 10 months ago)
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The Parliamentary Under-Secretary of State, Northern Ireland Office and Scotland Office (Lord Dunlop) (Con)
My Lords, with permission, I will repeat a Statement made by my right honourable friend the Secretary of State for Northern Ireland in the other place. The Statement is as follows:
“Mr Speaker, with permission, I would like to make a Statement about the political situation in Northern Ireland.
As the House will be aware, yesterday Martin McGuinness submitted his resignation as Deputy First Minister of Northern Ireland. This also means that the First Minister, Arlene Foster, also ceases to hold office, though she is able to carry out some limited functions. Under the terms of the Northern Ireland Act 1998, as amended by the St Andrews Agreement Act 2007, the position is clear. Should the offices of First and Deputy First Minister not be filled within seven days from Mr McGuinness’s resignation, then it falls to me as Secretary of State to set a date for an Assembly election. Although there is no fixed timetable in the legislation for me to do this, it needs to be within a reasonable period.
In his resignation letter Mr McGuinness said:
“In the available period Sinn Fein will not nominate to the position of Deputy First Minister”.
I am very clear that in the event of the offices not being filled, I have an obligation to follow the legislation. As things stand, therefore, an early Assembly election looks highly likely. I should add that the rules state that, once an election has been held, the Assembly must meet again within one week, with a further two-week period to form a new Executive. Should this not be achieved, as things currently stand I am obliged to call another election. So right honourable and honourable Members should be in no doubt: the situation we face in Northern Ireland today is grave and the Government treat it with the utmost seriousness.
It is worth reflecting for a moment on how we have reached this point. The immediate cause of the situation we now face is the fallout from the development and operation of the Northern Ireland renewable heat incentive scheme. Under the scheme launched by the Northern Ireland Department of Enterprise, Trade and Investment in 2012, which is equivalent to a scheme in Great Britain, businesses and other non-domestic users were offered a financial incentive to install renewable heat systems on their premises. The scheme was finally shut to new applicants in February last year when it became clear that the lack of an upper limit on payments, unlike in the GB equivalent, meant the scheme was open to serious abuse. In recent weeks there has been sustained media focus and widespread public concern about how this situation developed.
The renewable heat incentive scheme was, and remains, an entirely devolved matter in which the UK Government have no direct role. It is primarily the responsibility of the Northern Ireland Executive and Assembly to take the necessary action to address the concerns that have been expressed about it. But I do believe it is imperative that a comprehensive, transparent and impartial inquiry into the development and implementation of the scheme needs to be established as quickly as possible. In addition, effective action needs to be taken by the Executive and Assembly to control costs. While the RHI might have been the catalyst for the situation we now face, it has however exposed a number of deeper tensions in the relationship between parties and within the Northern Ireland Executive. This has led to a breakdown in the trust and co-operation that is necessary for the power-sharing institutions to function effectively.
Over the coming hours and days I will continue to explore whether any basis exists to resolve these issues prior to my having to fulfil my statutory duty to call an election. I have been in regular contact with the leadership of the DUP and Sinn Fein and with the Justice Minister, Clare Sugden, an Independent Unionist. Yesterday evening I had a round of calls with the main opposition parties at Stormont. I am in close touch with the Irish Foreign Minister, Charlie Flanagan. Immediately after this Statement I will return to Northern Ireland, where I will continue to do whatever I can to find a way forward. Both the UK and the Irish Governments will continue to provide every possible support and assistance to the Executive parties. We do, however, have to be realistic. The clock is ticking. If there is no resolution then an election is inevitable, despite the widely held view that an election may deepen divisions and threaten the continuity of the devolved institutions.
Mr Speaker, over recent decades Northern Ireland’s politicians have rightly earned plaudits from across the globe for their ability to overcome differences and work together for the good of the whole community. It has required courage and risk on all sides. We are currently in the longest period of unbroken devolved government since the 1960s. This political stability has been hard gained and it should not be lightly thrown away. In the 14 months since the fresh start agreement, significant advances have been made in areas such as addressing paramilitarism, supporting shared and integrated education and putting the Executive’s finances on a sustainable footing. This summer’s parading season has passed off peacefully, and the long-running dispute in north Belfast has been resolved. We have also been working intensively to build the necessary consensus to bring forward the bodies to address the legacy of Northern Ireland’s past, as set out in the Stormont House agreement.
I am in no doubt that what Northern Ireland needs at this time is strong, stable devolved government, not a collapse of the institutions. Northern Ireland deserves fair, accountable, stable and effective government. It needs to continue to implement the Belfast agreement and its successors, to strengthen the economy, to ensure that Northern Ireland responds to the challenges and opportunities presented by the EU exit, to build a stronger, shared society in which there is respect for everyone, and to address the legacy of the past in a way that enables Northern Ireland to move forward. We must not put all this at risk without every effort to resolve differences. We must continue to do all that we can to build a brighter, more secure Northern Ireland that works for everyone. I therefore urge Northern Ireland’s political leaders to work together and come together to find a way forward from the current position in the best interests of Northern Ireland. I commend this Statement to the House”.
Baroness Suttie (LD)
My Lords, I, too, thank the Minister for repeating the Statement to your Lordships’ House this evening.
As the Secretary of State has said, the truly peaceful society that we all wish to see in Northern Ireland is intricately bound together with politically stable institutions and a strong economy. It is therefore essential that the people of Northern Ireland have confidence that there is a coherent and collective Government in Stormont—a Government who are open and accountable and working in the best interests of the whole of Northern Ireland.
The stability of the devolved institutions in Northern Ireland is more important now than ever, given the particular challenges that will be presented by Brexit in the coming months. It is clear that cool heads and calm leadership are needed in order to resolve the current difficulties. It is also clear that the crisis reveals deeper problems than the specific issues that have come to the fore in recent weeks. To that end, will the Minister confirm that the Secretary of State will convene immediate talks with all the political parties in Northern Ireland? Will he also ensure that such talks do not just focus on the immediate issues in relation to the RHI scheme but look at measures to improve openness and transparency in the Executive, the Assembly and politics, including transparency in party funding in Northern Ireland?
Although I welcome the Secretary of State’s support for a comprehensive, transparent and impartial inquiry, can the Minister confirm that the Government will ensure that the establishment of this inquiry is not delayed by yesterday’s announcement, and that, if the Executive fail to establish an inquiry, this Government will consider doing so?
Lord Dunlop
I am very grateful to the noble Lord and the noble Baroness for their remarks and, in particular, for all the thanks that the noble Lord expressed to all those who have played such an important part in the peace process over the years. I am also very grateful for the support they have given the Government in seeking a resolution to very difficult issues.
This is a time to come together and work together. Everyone in this House wants the devolved institutions in Northern Ireland to succeed. I have no doubt that this is the view of the overwhelming majority of people in Northern Ireland and what they want to see. I have seen for myself, as I have travelled around Northern Ireland over the last six months, the huge progress that is being made and the many positive developments that are happening in all parts of Northern Ireland. The Government want to build on that progress and that is why the Secretary of State and the Government will strain every sinew in the short period ahead to work with all the parties in Northern Ireland to see if we can find a way forward. As the Secretary of State has made clear, he stands ready to assist in any way he can.
A number of specific points were raised. The noble Lord asked about an issue that is clear in the Statement I have just made—that an election may deepen the divisions and may not provide a solution. That is why the Secretary of State is so focused in the coming hours and days on finding a solution to the immediate issues. Regarding legacy, clearly it has been a priority for the Secretary of State to build a consensus on how we move forward from the current, very unsatisfactory situation where we do not have a balanced process in place. We must recall that 90% of the deaths that occurred over the period of the Troubles were the result of terrorist activity. He is absolutely committed to building a consensus on a more balanced and proportionate way forward, building on the Stormont House agreement legacy bodies, and he has articulated the priority he wants to give to that because he would like to move quickly to a public phase.
On the cost estimates of the renewable heat incentive scheme, the Northern Ireland Executive itself has estimated a figure of £490 million over 20 years if there is no mitigation. Clearly, one of the issues we need to deal with in the talks that are taking place with the parties over the next few days is how we mitigate those costs. As for the inquiry, that is absolutely something the Secretary of State is talking to the parties about. We need to establish the facts, accountability and ensure that we have a process that can command confidence. On the implications for the UK’s exit from the EU, the Secretary of State and other Ministers in the Northern Ireland Office, including myself, have been engaging widely to identify the issues that need to be front and centre of the discussions as we proceed towards the negotiations on exit from the EU, and those discussions have included the Northern Ireland Executive. We want to make sure that we get a good deal for Northern Ireland and the UK as a whole, and the Secretary of State is very clear that the voice of Northern Ireland needs to be at the heart of those discussions. Clearly, that would be assisted if there was a fully functioning Northern Ireland Executive.
Lord Kilclooney (CB)
My Lords, first of all, in what way does the Minister think that an election, and indeed the suggestion of a second election, could in any way overcome the impasse caused by the RHI scheme? Secondly, I welcome very much his Statement that the Government will make every effort to support the Belfast agreement, because that is fundamental. I also welcome the Statement that they would like to see an impartial inquiry, and I am delighted that the First Minister in Northern Ireland also wants to see this. Finally, can the Minister confirm that, should these things fail, the Government will in no way repeat the errors of 1985 and go behind the backs of the people of Northern Ireland to reach an agreement with the Dublin Government? That would lead to the chaos which my colleague, the noble Lord, Lord King, well recalls and which the late Lady Thatcher subsequently said she very much regretted had occurred. The failure of the Anglo-Irish agreement must not be repeated.
Lord Dunlop
Regarding the election, I think the Statement makes it clear that there is a risk that that does not provide the solution we are looking for and that it would deepen the divisions. That is why the Secretary of State’s immediate priority is to use the period that we have in the coming hours and days—the seven-day period—to see, in active discussion with all the political parties, whether we can find a way through this. However, the legislation is clear. If the posts are not filled within a seven-day period, the Secretary of State has to call an election. It would obviously be premature today to speculate on the precise timing, but he is clear that he has to do that within a reasonable timeframe. With regard to the Irish Government, clearly there has been close contact with the Irish Government Foreign Minister, while of course respecting the constitutional proprieties.
Baroness O'Loan (CB)
My Lords, it has been nearly 19 years since the Good Friday agreement and two years since the fresh start agreement. We have had an Assembly, but it has been a very dysfunctional Assembly. Part of the reason for that are the matters alluded to by the Minister in the Statement—the increased, deep tension and the breakdown of trust between the parties. Having listened to what the Minister said about the past, what are the Government going to do to enable mechanisms for dealing with the past—mechanisms devised years ago by Eames/Bradley—which would enable and encourage devolved government? I say to the Minister that the absence of mechanisms for dealing with the past leaves a reservoir of distrust, and that in part, I am quite sure, has contributed to that tension and breakdown in trust to which the Minister referred.
Lord Dunlop
The legacy bodies that were envisaged by the Stormont House agreement do potentially provide a viable, balanced and proportionate way forward, recognising, as I said, that the status quo is very unsatisfactory. I am sorry for repeating this again, but the reason why the Secretary of the State is so focused on using this period to talk to all the parties to see whether there is a way through these very challenging issues is precisely that we need a functioning Executive to deal with these issues such as the legacy of the past, which has proved so difficult in allowing Northern Ireland to move forward. It has been a priority for the Secretary of the State and he has been in intensive discussions with all the parties to see whether we can build that consensus. He is very conscious that we will get only one chance to do this properly and we need to build that consensus.
Lord Hain (Lab)
My Lords, as a former holder of the post, I give my full support to the Secretary of State in every step that he takes to try to ensure that this does not end in the sad and tragic way that it could. It is almost by default, through political incompetence, Civil Service bungling and party posturing in Northern Ireland, which has led us to a situation where 10 years of devolved government since the historic settlement we negotiated in 2007, and 10 years of Good Friday negotiations prior to that, could be destroyed. As he has mentioned Brexit, will the Minister tell us how, if the Supreme Court rules that the devolved legislatures should, as they all requested, be consulted on Article 50, that can be complied with if there is no Northern Ireland Government?
Lord Dunlop
At the risk of repeating myself again, that is the focus of the activity that the Secretary of State will be involved in over the coming hours and days during this seven-day period, to see whether we can find a way through. The noble Lord is absolutely right: we need a functioning Executive to deal with all the very pressing issues that will be of huge importance to Northern Ireland. Yes, there are challenges with Brexit, but there are opportunities as well, and we need to ensure that we exploit those. But be in no doubt that the voice of Northern Ireland will be heard loud and clear and will be at the heart of preparations for these negotiations. The Northern Ireland Office, the Secretary of State and myself have been engaging widely in Northern Ireland to pin down the key issues that need to be at the forefront of our minds as we approach those negotiations. However, as I said, the noble Lord is absolutely right: a fully functioning Executive will be of assistance in that process.
Lord Empey (UUP)
My Lords, the crisis at Stormont has been precipitated by gross ministerial incompetence, arrogance, greed and opportunism. I regret to say that the seeds of this debacle were sown in 2006, when the Government unilaterally changed the terms of the Belfast agreement on the appointment of the First and Deputy First Ministers. Does the Minister agree that, had the Government allowed proper parliamentary scrutiny of devolution instead of this wretched policy of “devolve and forget”, which we call the Sewel convention, we might not be facing the potential return of direct rule with all the risks that the noble Lord, Lord Kilclooney, has outlined—on which I entirely identify with and support him?
Lord Dunlop
I note what the noble Lord says about the change in the method of selecting the First and Deputy First Ministers, and I acknowledge his long-standing position on this. However, as the Secretary of State made clear in the other place, the focus now must be on exploring whether there is any basis for resolving the current issues. There is huge support in Northern Ireland for devolution. The point about devolution—a point I have made in this House before—is that when powers are devolved to institutions, we need to support those institutions in discharging their responsibilities. The renewable heat incentive scheme is a fully devolved matter and we believe that the solution to that—with of course the support of the Secretary of State and the Government—needs to come from within the Northern Ireland institutions.
Lord Hay of Ballyore (DUP)
My Lords, I also welcome the Statement by the Minister. All this started with the renewable heat incentive scheme in the Assembly. But this is not about playing the blame game anymore. I welcome the continuing partnership between the Government, the Labour Party and the opposition parties on how we might resolve this issue, because there is no doubt that it needs to be resolved.
Unfortunately, in Northern Ireland it is not about the renewable heat initiative any more. As the former Secretaries of State for Northern Ireland will know, this will grow legs—and I understand that other issues are now coming into the melting pot. They, too, will have to be resolved. The issue is being compounded by other political parties and individuals in and around this. The only way forward is for the politicians of Northern Ireland to come together and resolve the matter once and for all—because here we are again, and we will be here again next year.
I remember the early 2000s; the Assembly fell three times in almost four years when the SDLP and the Ulster Unionists were in charge. So let us stop the blame game and get to a point at which, eventually, all these issues—legacy issues and current issues—can be resolved. Will the Minister tell us whether there are any further initiatives or measures that the Government can bring to the table to resolve this? We have only one opportunity to resolve this and Assembly elections will not do it. We will come back after an election with the same situation, but worse. The Government must redouble their efforts to bring further measures to the table.
Lord Dunlop
I am grateful to the noble Lord. I am sure he is absolutely right that, in this situation, we want the parties working together. The Secretary of State is very focused on doing that over the coming period. The noble Lord opposite made the suggestion that the Secretary of State might issue a formal invitation to a round table, and I am sure that initiatives of that sort will be considered by the Secretary of State as he continues his discussions with the parties.
Lord Murphy of Torfaen (Lab)
My Lords, I was a direct rule Minister for five years in Northern Ireland, and it seems to me that the last thing Northern Ireland wants is a return to direct rule. Clearly, there has been a serious breakdown of trust and confidence between the political parties in Northern Ireland. I also agree with other noble Lords that an election, frankly, would be disastrous. There is one week in which to avoid that. Does the Minister agree that the guarantors of the Belfast agreement and the others that followed are the British and Irish Governments, and that they should work together very closely and carefully over the next week—even to the point at which the Prime Minister and the Taoiseach get involved?
Lord Dunlop
I absolutely agree that we must, as I said in earlier remarks, strain every sinew to find a way forward. Clearly, there is contact with the Irish Government, but we must respect the constitutional priorities. What has given rise to this situation is the RHI scheme, which is a devolved matter. The constitutional position of Northern Ireland is clearly set out in the Belfast agreement and we need to respect that.
Lord King of Bridgwater (Con)
My Lords, sufficiently provoked by the noble Lord, Lord Kilclooney, I will make one comment on my noble friend’s Statement. While I perfectly understand the importance of keeping the Irish Government informed, this is the responsibility of the United Kingdom Government, as it has always been—there has never been any question, at any stage, of joint authority, even during some of the most difficult issues and times.
Coming to my feet on this occasion, I cannot help reflecting on that awful couplet:
“To Hell with the future,
Thank God for the past”.
I will not repeat the last two lines, but I can see how easily we could go back to that unfortunate situation. I recall, tragically, that Northern Ireland has been an example to the world of how you can resolve long-standing difficulties. People have been invited from all over the world to visit Northern Ireland to see how competing traditions have managed to work together. That is the particular tragedy of this situation.
I understand that there is no immediate imperative and that if an election is to be called, there is no particular time within which it has to be called. That may allow for a certain opportunity to see whether some agreement can be reached to carry the country forward. It is the responsibility of all those in Northern Ireland. They can have a better future, and everybody in this House hopes that they will achieve it.
Lord Dunlop
I thank my noble friend. As I said, obviously there has been close contact with the Irish Foreign Minister—but, as he rightly points out, we need to respect the constitutional proprieties, and the constitutional position of Northern Ireland is clearly set out in the Belfast agreement. As for the timing, there is a seven-day period, after which the Secretary of State is obliged to call an election. There is no specified time period for that, but he has to do so within a “reasonable” period of time. Tonight it would be premature to speculate on a specific date.
Lord Cormack (Con)
My Lords, as one who was chairman of the Northern Ireland Affairs Committee throughout the 2005 Parliament, working closely with the noble Lord, Lord Hain, and his successor, one thing that impressed me enormously was the priority and time given by Prime Minister Blair and Prime Minister Brown. They frequently paid tribute to the wonderful spadework of Sir John Major.
This should now be at the top of the parliamentary agenda in the United Kingdom. The Prime Minister should be involved. I was often in the company of the late Lord Bannside, Ian Paisley, and sometimes in the company of Mr McGuinness. I am sorry that he is so ill at the moment. We should appeal to him as well to play a part in getting everyone together. Will my noble friend convey to the Prime Minister that many of us in this House feel that she would be neglecting no duty in putting this at the top of her agenda for the immediate future? She should go to Northern Ireland and sit down with the political leaders there and explain to them what priority we attach to continuing what has been a very remarkable decade since 2007. I appeal to my noble friend to convey those sentiments to the Prime Minister.
Lord Dunlop
Certainly, the sentiments of this House will be heard loud and clear. I hope that it is clear from the Statement that I have repeated today the gravity and seriousness that the Government attach to these matters and therefore the priority that we will give to them. In the discussions that the Secretary of State will have, he will obviously explore all avenues to see what might be helpful in resolving the current situation. We must not rule anything out in trying to seek that resolution.
Lord Hylton (CB)
My Lords, for more than 20 years I was a very regular visitor to Northern Ireland and I currently have an exemplary Northern Ireland son-in-law. Why does the Statement assume that an election will change nothing? We all know that power sharing is a very difficult concept to work out in practice, no doubt because of the lack of trust in a still deeply divided society. But, if the electorate wants to persevere with power sharing, they should penalise those who fail to deliver it. In theory, there could be a new coalition between official Unionists and the SDLP, but long-term thinking is also required beyond the present situation. A county council or GLC model might be more appropriate than what we have. At any rate, less emphasis is needed on legacies from the past and far more on positive and co-operative work for the future, based on civil society and local community relations.
Lord Dunlop
I thank the noble Lord for his contribution. One can never predict the implications of elections. The Statement simply sets out the widely held view that an election may deepen divisions and threaten the continuity of devolved institutions. Clearly, we need to work and redouble our efforts to find a resolution, as I have already said.
Scottish Government: Welfare
Lord Dunlop Excerpts(7 years, 11 months ago)
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Lord Foulkes of Cumnock (Lab)
My Lords, on behalf of my noble friend Lord McAvoy, and at his request, I beg leave to ask the Question standing in his name on the Order Paper.
The Parliamentary Under-Secretary of State, Northern Ireland Office and Scotland Office (Lord Dunlop) (Con)
My Lords, we have made significant progress to transfer the welfare powers in the Scotland Act 2016. Eleven provisions are already in force, including new powers for the Scottish Parliament to create new benefits in devolved areas and top up any reserved benefits. The UK Government remain committed to a safe and secure transfer of powers, and the joint ministerial working group on welfare continues to oversee plans for commencement of the remaining welfare provisions.
Lord Foulkes of Cumnock
My Lords, does the Minister recall that time after time the SNP has asked for powers to mitigate the effects of Tory austerity in Scotland? It now has the tax powers and the welfare powers, but it does absolutely nothing. Does that not confirm that it prefers to moan and whine rather than to accept responsibility?
Lord Dunlop
I certainly recall what the noble Lord says, and I have a degree of sympathy with what he is saying. It is clear that the Scottish Government are having to face up to the reality that demanding the devolution of more powers is not the same as being able to use those powers effectively. If you want to replace existing programmes, you need first to know what you are replacing them with. The Government’s priority must be and is to work with the Scottish Government to ensure the safe and secure transfer of devolved welfare powers.
Lord Bruce of Bennachie (LD)
My Lords, is it not worth noting that the SNP claimed that it could deliver independence in two years after winning a referendum? It has been in government for over nine years. Should the people of Scotland not welcome the fact that it now recognises that it is not competent to take over the welfare responsibilities, not least because it is failing to meet outcomes and targets on education, health, transport, justice, policing, and local government—indeed, on everything? It is really time that it recognised that it is not up to the job.
Lord Dunlop
I certainly think that the realities of devolving welfare powers put into context the assertion of the then First Minister of Scotland, who said that an independent Scottish state could be established within 18 months. We have seen some of the domestic policy record; two weeks ago, we learned that Scotland’s schools had recorded their worst ever performance in PISA tests since those were set up in the year 2000. This underlines why the Scottish Government should perhaps spend less time searching for new reasons to hold another independence referendum and more time on the day job.
Lord Cormack (Con)
My Lords, have they not proved that you cannot fill a void with a vacuum?
Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2016
Lord Dunlop Excerpts(7 years, 11 months ago)
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Lord Dunlop
That the draft Regulations laid before the House on 2 November be approved.
Considered in Grand Committee on 12 December.
Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2016
Lord Dunlop Excerpts(7 years, 11 months ago)
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Lord Dunlop
That the Grand Committee do consider the Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2016.
The Parliamentary Under-Secretary of State, Northern Ireland Office and Scotland Office (Lord Dunlop) (Con)
My Lords, I beg to move that the draft regulations laid before the House on 2 November 2016 now be considered. This statutory instrument amends the existing legislative framework for elections in Northern Ireland to allow for people there to register online. The regulations make a number of other amendments to existing electoral law, but I will focus here on the most substantive provisions.
Increasingly, we are all used to banking, shopping and accessing a range of public services online. In Great Britain, people have been able to use the online Register to Vote system since 2014. The online digital service offers a quick and easy alternative to the more traditional option of paper application forms. It is clearly right that people in Northern Ireland should be offered that same choice, and I make it clear at the outset that it is a choice. There is no suggestion that the move to introduce online registration will replace the existing paper registration system. Applying to register on a paper application form will remain an option for any individual who does not want to register online. But for those individuals in Northern Ireland who want to take advantage of this new service, the draft regulations allow the extension of the already successful digital service operating in Great Britain to cover Northern Ireland.
We know that the online Register to Vote service has been very successful in the rest of the UK. Figures suggest that around 90% of those registering in Great Britain this year outside the canvass period did so using the online service. Customer satisfaction with the service consistently measures more than 90%. I am sure that we all want to see increased political participation in politics among young people, including in Northern Ireland. I am pleased to report that since the introduction of online registration in Great Britain, a record 4.2 million applications to register have been made by people aged 16 to 24.
The application pages developed for Northern Ireland have been user-tested throughout their development to ensure that the system provides an excellent standard of service. Under these draft provisions, a Northern Ireland online application will work in essentially the same way as for the rest of the UK. It will require the same personal data as for the existing paper form. I have had a demonstration of the system and can confirm that the service is excellent. Northern Ireland Members from the other place have also been offered a demonstration of the system; I am happy to extend that offer to noble Lords.
The system is quick and easy, taking no more than five minutes to complete. It will not allow anyone inadvertently to miss out information, which might delay their application at a later stage. This will mean more complete applications, less follow-up correspondence from the Electoral Office for Northern Ireland and more people being placed faster on the register. In designing this system, our primary concern has been to ensure that we retain the confidence of users that the electoral system remains secure. In Northern Ireland, the usual requirement for those applying to register is to provide a handwritten signature. In an online application through the digital service, the act of submitting the application form along with the declaration at the end of the application will constitute an electronic signature.
Your Lordships will also be aware that there are strict rules on absent voting in Northern Ireland, which will continue to be enforced. Every successful digital registrant in Northern Ireland will be issued with a digital registration number, which will fulfil the same function as a signature for digital registrants if they wish to apply for a postal or proxy vote. It will ensure that postal vote applications can continue to be scrutinised appropriately. The number will be unique to the individual, last for their lifetime and remain unaltered no matter how many times the individual moves or changes their name. We have consulted the Electoral Commission. It agrees that the provision of an identifier to replace the signature check in the postal vote process is necessary. It raised the possibility of some individuals losing their numbers. To address this possibility, we have put in place a system allowing for numbers to be reissued quickly where they have been lost.
Officials will work closely with the chief electoral officer to monitor the successful operation of the digital registration number procedures. We have also changed the wording of the declaration at the end of the registration form for all applicants, both digital and paper. Applicants will be required to declare that they are the person named in the application and that the information they have provided is true.
There will also be special provision for people with a disability. The declaration makes it clear that the application and declaration can be submitted on behalf of someone unable due to disability to do so themselves, as long as it is done in their presence. The draft regulations also make comprehensive provisions for the exchange of data. This exchange is necessary to facilitate digital registration and allow applications to be verified against the DWP database. I assure your Lordships that these data-sharing provisions are necessary and include all the appropriate safeguards. The provisions have been modelled on the existing provisions in place for Great Britain and have been scrutinised and approved by the Information Commissioner for Northern Ireland.
These regulations do not yet cover the digital registration of overseas electors wishing to register in Northern Ireland. The Government are committed to implementing votes for life, so it makes sense to await the implementation of this wider electoral provision for overseas electors before designing the online system for overseas electors registering in Northern Ireland.
In addition to digital registration provisions, the draft regulations make a number of other more minor or technical amendments. These make improvements and ensure, where appropriate, consistency of administrative approach with the rest of the UK. For example, the regulations bring Northern Ireland into line with the data protections in place in Great Britain for individuals on the list of applicants to be placed on the register. Those wishing to inspect an entry on the list will still be able to see the name, address and nationality of the applicant, but not the other personal details contained in the application. The regulations also provide for removal of overseas attestation to bring Northern Ireland requirements into line with the rest of the UK. Further, they remove the outdated requirement for Crown servants and British Council employees to have their forms submitted by their employer.
The implementation of digital registration is fully supported and welcomed by the Electoral Commission and the Chief Electoral Officer for Northern Ireland, and the regulations have been approved by the Information Commissioner’s Office for Northern Ireland. If your Lordships approve these regulations, the precise timing of the introduction of digital registration will be determined by the successful testing of the electoral office computer system. I hope that all the necessary checks will be passed by the end of February. The regulations will be signed when the digital platform is ready to be launched and will come into force the following day.
I hope your Lordships will agree that the introduction of digital electoral registration is a major step towards modernising the delivery of elections in Northern Ireland. It is an excellent service that will offer people in Northern Ireland the level of choice and service that we all expect in these modern times. We hope that this change will lead to an increase in political participation among a range of groups, particularly young people. I commend the regulations to the Committee.
Lord Empey (UUP)
My Lords, I thank the Minister for introducing the regulations and I for one hope to take up the offer of seeing a demonstration, which I understand will take place on Wednesday this week. First, I do not see this as a case of Northern Ireland catching up with the rest of the UK because our electoral registration participation rates are already very good. In fact, in respect of young people they are better than those in the rest of Great Britain. The last figures I saw showed that around 83% of young people were registered, but there is a reason for that.
There is a fundamental conflict in the Government’s position on this. If you were arguing that online registration is an attempt to encourage young people to register, which it might in some cases, another part of the Government’s policy with regard to electoral office matters is going in the opposite direction; namely, the closure of a number of electoral offices in Northern Ireland. That issue is in conflict with the Government’s stated policies. The local offices have a policy of direct engagement with schools, and that is why they have been able to raise the level of participation by young people. Simply making online registration available is no use unless people are motivated to participate. We already have a system that is working well and achieving very acceptable results.
Lord Tunnicliffe (Lab)
I thank the noble Lord for his speech and the clear explanation of the draft regulations. We are happy to support these changes. Voters in Great Britain have been able to access online registration since 2014 and the Electoral Commission recommended last year that this should be extended to Northern Ireland. Online registration is a quick, easy and, so far, popular alternative to the paper form. We welcome that this choice will now be open to voters across the whole of the UK. This is particularly welcome with regards to encouraging young people to vote, as we know that online registration in Great Britain has been widely taken up by younger voters.
The Minister is of course aware of the specific concerns relating to electoral fraud in Northern Ireland. We have been assured that the plans are brought forward with the support of the Electoral Commission and the Electoral Office for Northern Ireland. What kind of monitoring and evaluation will be done following these changes to ensure that the system works as intended? I ask that specifically with the provisions for the introduction of digital registration numbers in mind, to ensure that the absent voting system is not left vulnerable to electoral fraud. With assurance that the right safeguards are in place, we are content to support the regulations.
The Minister will be aware of concerns over the closure of electoral offices in Northern Ireland and the effect that this will have on jobs and on people’s ability to access local services where they do not have access to the internet. I know that the Government are consulting on the future of electoral services in Northern Ireland, and will not ask the Minister to pre-empt the consultation. But can he assure the Committee that for those voters who wish to use a traditional paper form to register to vote, that excellent service will still be available alongside the welcome access to online registration? I repeat that we are happy to lend our support to the regulations, and I look forward to the Minister’s reply.
Lord Dunlop
I am grateful to all noble Lords for their contributions and their support for the fundamental measure that we are proposing, which is extending digital registration to Northern Ireland. I will take the points raised by my noble friend Lord Empey in order. I note that these regulations are about digital registration, and many of his comments related to other aspects of policy.
First, on access to broadband, one can register online without having broadband. A standard internet connection will be enough and one can even register using a mobile phone or tablet if it is internet enabled. The reality is that there are rural areas across the UK that do not yet have the internet service that we would like and Northern Ireland is not unique in that regard, but that is not a reason to delay the introduction of this service.
My noble friend and the noble Lord, Lord Tunnicliffe, both asked about overall staffing of the Electoral Office for Northern Ireland. Staffing and the administrative implementation of digital registration are an operational matter for the Chief Electoral Officer for Northern Ireland. On wider matters, there is an ongoing consultation into the future structure of delivery of electoral services in Northern Ireland, and I hope that all interested parties will take the opportunity to contribute. In particular, the consultation seeks views on an enhanced role for district councils, which, as we indicate in the consultation paper, could pave the way for an increase in the provision of local services. However, we will consider very carefully consultation responses before reaching any final decision.
In terms of a digital system being more open to electoral fraud, clearly we believe that we have put in place a robust system. Details of an applicant’s name, date of birth and national insurance number will be checked against the national DWP database to ensure state-of-the-art identity verification. Once the identity check has been conducted, the electoral office will still run further data matching to verify addresses. That is not an automatic system. Once the computerised checks are completed, it will be for the Electoral Office for Northern Ireland’s staff to determine whether an individual is placed on the register. If there are concerns, they can contact the individual for more information. The other safeguard is that the certificate of registration will be sent by post to the registered address as a final identity check.
In answer to the noble Lord, Lord Tunnicliffe, the cost of extending the digital service to Northern Ireland is £250,000, which will be met by the Cabinet Office. Finally, I assure the noble Lord, as I did in my opening remarks, that this is to provide people in Northern Ireland with a choice, and the paper-based system will continue to be available for those who wish to use it.
To go back to another point that my noble friend Lord Empey made, engagement with schools is, again, an operational matter for the chief electoral officer, but no doubt this will continue to be of high importance in the future.
As I said, I am grateful for noble Lords’ contributions. I think that in this modern day it is right to give people the option of digital registration, and it brings Northern Ireland into line with Great Britain, while reflecting the differences in electoral law between Northern Ireland and Great Britain. We are designing the system in such a way as to retain voters’ confidence in its security. As I said at the outset, I hope that this will play an important part in increasing political participation in Northern Ireland.
Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016
Lord Dunlop Excerpts(8 years ago)
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The Parliamentary Under-Secretary of State, Northern Ireland Office and Scotland Office (Lord Dunlop) (Con)
My Lords, the purpose of the Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 is to modernise the system of fatal accident inquiries—often referred to as FAIs—in Scotland. The Act is in line with the recommendations of the noble and learned Lord, Lord Cullen of Whitekirk, following his independent review of FAI legislation in 2009. The Act received Royal Assent on 14 January 2016, and the order before your Lordships is made under Section 104 of the Scotland Act 1998. The Section 104 mechanism allows for necessary or expedient legislative provision to be made by the UK Parliament in consequence of an Act of the Scottish Parliament. Certain provisions in the 2016 Act will be given effect in the rest of the UK where that is required, and will make expedient substantive legislative provision in relation to matters reserved to Westminster.
Noble Lords may be aware that fatal accident inquiries are held to establish the circumstances surrounding certain deaths occurring in Scotland. Mandatory FAIs must be held when someone dies in legal custody, or when someone dies as the result of an accident related to their work. FAIs are broadly equivalent to coroners’ inquests in England and Wales, which are independent judicial inquiries conducted into the facts surrounding a death that is sudden, unexpected or unnatural.
Among the changes brought forward by the 2016 Act is one to extend the categories of death in which it is mandatory to hold a fatal accidents inquiry in Scotland. The categories for which mandatory FAIs will be held have been extended to include deaths of children in secure accommodation and in police custody, irrespective of location. These changes relate to devolved matters and so it is right that the Scottish Parliament has legislated for them. This Section 104 order will enact changes to reserved matters to ensure they are consistent with the new Act of the Scottish Parliament. It also makes some substantive policy changes, including making clear that it will become mandatory for an FAI to be held into deaths of service personnel in the course of active duty in Scotland. Until now, this has been at the discretion of the Lord Advocate.
The order also proposes that a military death in the offshore area of the continental shelf adjacent to Scotland would require a mandatory FAI. This brings legislation in Scotland on investigations into military deaths in line with the rest of the UK to the extent that every military death in Scotland will, in future, be subject to a judicial inquiry. This new category of mandatory FAIs will be treated in similar fashion to others—for example, in relation to the power of the Lord Advocate to decide that an FAI is not required because the circumstances of death have been sufficiently established in other proceedings.
These proposed changes have taken on added significance in recent days following the death of Lance Corporal Joe Spencer of 3rd Battalion The Rifles at RAF Tain. Lance Corporal Spencer tragically died near Inverness, three weeks ago today, on Tuesday 1 November, in what the Ministry of Defence has described as a “live fire accident”. I am sure that I speak for the whole House in offering our condolences to Lance Corporal Spencer’s family, friends and colleagues. In legal terms, the mandatory requirement for a fatal accident inquiry, proposed in this order, is not retrospective. Even if the death is found to have been in the circumstances provided for, it will not apply to the death of Lance Corporal Spencer. Instead, the existing arrangements under the Fatal Accidents Act 1976 will apply, and it will be within the discretion of the Lord Advocate to rule on whether an FAI is held.
This sad incident, none the less, highlights the importance of the order and illustrates why the UK and Scottish Governments, Ministers and officials, have worked closely together to bring it about. I hope that your Lordships will agree that this collaboration represents another example of the UK Government’s commitment to work with the Scottish Government to make the devolution settlement work effectively. I beg to move.
Lord Hope of Craighead (CB)
My Lords, I join the Minister in expressing condolence to Lance Corporal Spencer and his family for that tragic incident.
I welcome what the noble Lord has said about the introduction of a mandatory FAI in the case of servicemen who die in Scotland or outside the mainland in territorial waters. If these deaths occur in England, there is a mandatory inquest. One of the problems has been the imbalance between the mandatory system in England and Wales and the discretionary system in Scotland. It makes good sense that they should be on the same basis.
Another point worth noting is that the FAI system is very well equipped for a thorough investigation as to the reason for the death, which is not always available in inquests because of the way in which they are organised in England and Wales. It has caused problems for the Supreme Court in dealing with cases which arise overseas, such as deaths occurring during the situation in Iraq. The Scottish system is well equipped and there is no question that introducing a mandatory system provides a very sound basis for finding out exactly why these tragic incidents occurred and also making arrangements to avoid, if possible, a repetition of the same event. I welcome very much what the Minister has said.
Lord McAvoy (Lab)
My Lords, I add my condolences to those expressed to the family of Lance Corporal Joe Spencer. It befits this House that such condolences are offered.
I thank the Minister for the usual clarity with which he explained the order, which we welcome. The legislation makes much-needed changes to update and improve the system of FAIs. These are tragic cases and are incredibly difficult for the families affected. It is right that we should do everything we can to establish what happened to their loved one, and to make sure that lessons are learned for the future.
The changes made by the 2016 Act go some way to improve the system. The Cullen review made its recommendations seven years ago now, so it is welcome that we have reached this point of action. There has been a wait to see this system updated. This order allows the 2016 Act to be implemented in full, so we are happy to lend it our support. As has been mentioned, particularly welcome are the provisions on the death of military service personnel. This issue has been made painfully resonant in the past few weeks by the tragic death of Lance Corporal Spencer. We again send our thoughts and condolences to his family and friends.
I thank the noble and learned Lord, Lord Hope of Craighead, for the specific, experienced point of view he brought to this brief debate. I echo the words of the Minister that this UK Parliament stands ready, as I think it always has, to make devolution work not only in Scotland but in the other devolved Assemblies in the country.
Lord Dunlop
My Lords, I thank all noble Lords who have taken part in this short debate for their contributions and for their support for this order.
I very much agree with what the noble and learned Lord, Lord Hope, said about the system in Scotland being well equipped to deal with these inquiries.
To pick up the point made by the noble and learned Lord, Lord Wallace, the law on service personnel dying abroad has been re-enacted as Section 7 of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016. I think I am right in saying that, where a death occurs abroad and the body is repatriated, the Lord Advocate has discretion to launch an inquiry into such a death. If I have not covered his point fully, I am happy to write to him but I hope that deals with it.
The order allows for the 2016 Act to be given effect in the rest of the United Kingdom where that is required and, as has already been said, to bring the treatment of military deaths in Scotland in line with the rest of the UK. On that basis, I commend the order to the House.
Northern Ireland (Stormont Agreement and Implementation Plan) Act 2016 (Independent Reporting Commission) Regulations 2016
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Lord Dunlop
That the draft Regulations laid before the House on 15 September be approved.
The Parliamentary Under-Secretary of State, Northern Ireland Office and Scotland Office (Lord Dunlop) (Con)
My Lords, this statutory instrument makes provision for the exercise of functions of the new Independent Reporting Commission. The commission is being established under the fresh start agreement to report on progress towards ending paramilitary activity connected with Northern Ireland.
Your Lordships will recall that the fresh start agreement included a range of measures agreed by political parties in Northern Ireland last November on ending paramilitarism and tackling organised crime. The Northern Ireland (Stormont Agreement and Implementation Plan) Act provides the legislative foundations for the commission. This House debated clauses relating to the commission in April and the Bill received Royal Assent on 4 May 2016. During the passage of the Bill there were many constructive contributions from noble Lords from across the House. I welcome the opportunity for further debate tonight on the provisions set out in this statutory instrument. The debate also provides me with the opportunity to update the House on progress towards establishing the commission.
The UK Government and the Government of Ireland signed an international treaty on 13 September to establish the IRC. This confirmed the two Governments’ joint intent to ensure that future generations in Northern Ireland are not blighted by the scourge of paramilitarism. The treaty also brings to life our commitment to end paramilitary activity, which we made in last year’s fresh start agreement.
A treaty is, of course, more than words on a piece of paper and more than a legal obligation. It is also a solemn and genuine commitment between states diligently to work together in pursuit of a common goal. The common goal in establishing the IRC is to rid Northern Ireland society of the harm caused by paramilitary activity. Let me be clear: there never was any justification for paramilitary groups in Northern Ireland. There is none today and there must not be any in the future.
The treaty was laid in this House on 22 September. It will come into force when the necessary UK and Irish legislation is completed. The Irish Government intend to pass their legislation by the end of this year and the Government expect the IRC to be established early in 2017. The statutory instrument before us, which gives full effect to the treaty, is the next step in the process.
Before I turn to the specific provisions of the instrument, I remind the House of the IRC’s functions. These are: to report annually on progress towards ending paramilitary activity connected with Northern Ireland; to report on other such further occasions if jointly requested by the UK Government and the Government of Ireland; and to report on the implementation of the relevant measures of the UK and Irish Governments, and the Northern Ireland Executive, including on the Executive’s strategy to tackle paramilitary activity.
I turn now to the regulations themselves. Regulation 2(1) requires the IRC to exercise its functions with a view to supporting long-term peace and stability in society, and stable and inclusive devolved government in Northern Ireland.
Regulation 2(2) requires that, in exercising its functions, the IRC must not do anything which might have a prejudicial effect on the prosecution of crime. Your Lordships may recall that Section 2 of the Northern Ireland (Stormont Agreement and Implementation Plan) Act 2016 already requires the IRC not to act in any way that might have a prejudicial effect on the prevention, investigation or detection of crime. Regulation 2(2) is necessary because Article 9(3)(c) of the treaty requires the commission not to act in a way that might have a prejudicial effect on any proceedings which have, or are likely to be, commenced in a court of law; and Article 9(3)(d) requires it not to act in a way which might have a prejudicial effect on the prevention, investigation, detection or prosecution of crime.
These requirements are already reflected in Section 2(3)(c) and (d) of the 2016 Act, with the exception that Section 2(3)(c) does not expressly require the commission to avoid acting in a way which might prejudice the prosecution of crime. The prosecution of crime could include criminal proceedings which are at too early a stage for it to be said with certainty whether proceedings are likely to be commenced. It may also cover matters related to prosecution which are not focused specifically on criminal proceedings—for example, the gathering of evidence. The purpose of Regulation 2(2) is therefore to ensure that this aspect of the treaty is given full effect in the UK.
Regulation 3(1) requires the Secretary of State to lay reports of the commission before Parliament and to arrange for them to be published. Regulation 3(2) requires the Secretary of State to lay the commission’s accounts and auditor’s reports before Parliament, and to arrange for the accounts and reports to be published.
The impact of paramilitary-style attacks and activity in Northern Ireland is all too evident. There have already been four paramilitary murders this year. This is abhorrent. We must ensure that the paramilitary label is no longer seen as a badge of honour and that paramilitary-style control, coercion and extortion of communities is stopped.
Since my appointment in July as a Minister in the Northern Ireland Office, I have made visits and met groups across Northern Ireland, and I have seen at first hand the progress and economic development being achieved. Paramilitaries are the enemies of progress and economic development in Northern Ireland. They hold back communities, deterring investment and jobs and preventing people moving forward with their lives. Tackling effectively paramilitary activity must therefore include measures to help communities challenge the control that these groups exert upon them. The reports of the new commission will play a key part in informing how we do that and ensuring that the Northern Ireland Executive are doing all they can to drive out paramilitary activity from local communities. The UK Government are committed to playing their part. We have committed £25 million over five years to support the Northern Ireland Executive’s action plan to end paramilitarism. We have committed a further £3 million to fund the work of the IRC.
It is essential, however, that the Executive’s plan is focused on delivery in areas where it is most needed and that it has both real and measurable outcomes. The Government are working with the Executive to ensure that the funding secured under fresh start is used to greatest effect.
The ultimate test of success in all our endeavours will be whether communities dealing with the malign influence of paramilitary activity experience a real, tangible and positive improvement to their lives. This will be the most important feature flowing from the Independent Reporting Commission’s work. It is right that we should all set high expectations of what we seek to achieve, because those affected by paramilitary activity deserve no less. I beg to move.
Lord McAvoy (Lab)
My Lords, I thank the Minister for his full explanation of the regulations before us. I thank him and his staff for keeping me fully informed on this legislation from day one. That assistance is greatly appreciated.
The Minister mentioned the paramilitaries and referred to work to remove the breeding ground for unjustified paramilitarism. That is very important. Collectively, we have made huge strides in Northern Ireland and that needs to continue. My honourable friend Vernon Coaker, former shadow Secretary of State for Northern Ireland, is long on record as having called for a commission along the lines illustrated by the Minister. I again place on record our full support for the Government’s efforts in this field. The way in which the Government have sought to involve the Opposition and all Members in this matter indicates the bipartisan nature of attitudes towards issues in Northern Ireland.
A number of questions were asked in Committee in the Commons—I am not taking credit for them; I am just picking them up from Hansard. The questions may have been answered elsewhere by letter, but it would be useful if the Minister could either answer them now or, as did his counterpart in the other place, undertake to write. My honourable friend Stephen Pound asked whether the commission’s reports would be laid before the House and whether it would be an annual process or a one-off. He asked also what attitude the Government had to the cross-community aspect of the commission, whether there would be a deliberate effort to make it cross-community or whether any other methods were being considered. As we all know, all communities in Northern Ireland need to feel that they have a stake in whatever happens.
The Minister in the Commons indicated that he would respond in writing on a number of matters. He indicated that he was not sure whether the reports would be placed in the Library or laid before the House. He continued:
“As for sensitivities around the appointments”—
which we all understand—
“there is a detailed process for making them, and I am happy to explain that in writing”.
In the interest of clarity, will the Minister undertake to write to all noble Lords present tonight with responses to the questions asked in the Commons? Stephen Pound MP asked about the appointment of the chair of the commission. Are any proposals on record yet as to how that would be tackled? I want to make it clear that, like anyone else, I appreciate the sensitivities around these issues in Northern Ireland. I do not ask these questions to embarrass anyone or to cause difficulties for the Government, but clarity is needed and we need to know exactly how the appointments work. The Minister in the Commons, Mr Kris Hopkins, said:
“Again, I will write to the hon. Gentleman about appointments to the commission and how appointees are selected, and will give him that information in full”.—[Official Report, Commons, Delegated Legislation Committee, 2/11/16; col. 6.]
If these questions have been answered in writing by the Minister in the Commons, will the Minister repeat those letters?
Lord Browne of Belmont (DUP)
My Lords, I thank the Minister for his statement and I, too, apologise for missing the opening. I very much welcome the regulations relating to the setting-up of the Independent Reporting Commission. Does the Minister agree that good progress has been made in Northern Ireland since the signing of the fresh start agreement? A long list of issues has been agreed and all are being progressed and implemented. The situation in Northern Ireland today is much more positive and, as we have heard, there has been a long period of stable government.
However, the threat posed by paramilitaries from both the republican and the loyalist sides, unfortunately, still exists. Only last night, we witnessed the murder of Mr Jim Hughes at Divis flats. This has to be condemned by all right-minded persons. All parties must work together to rid society of all paramilitary activity.
I look forward to the Independent Reporting Commission beginning its work and to receiving its first report, which I trust will prove to be an important arm in helping to bring an end to all forms of paramilitarism in Northern Ireland, which for far too long has been a scourge to law-abiding communities in Northern Ireland. I very much hope that the next step in securing long-lasting peace is for all parties to agree a way forward to finding a solution for dealing with the legacy of the Troubles.
Lord Dunlop
I thank noble Lords for their contributions to this short debate and for their support for these regulations. In particular, I welcome the noble Baroness, Lady Suttie, to her new role and echo her warm words for the noble Lord, Lord Alderdice, who was part of the independent panel that made 43 recommendations on how we take dealing with paramilitary activity forward.
As I said earlier, this is another important step in the process of meeting the commitments entered into as part of the fresh start agreement. A number of points were raised during the debate, and I will try to address as many of them as I can now. If there are any points that I am unable to cover, I will, of course write to the noble Lords concerned.
First, on reporting, Regulation 3(1)(a) requires the Secretary of State to lay the reports of the commission before the House. If the noble Lord, Lord McAvoy, would like further detail on the process, I am, of course, happy to write to him.
On the cross-community nature of the commission, there will be four commissioners, one nominated by the UK Government, one nominated by the Irish Government and two appointed by the Executive who will be nominated jointly by the First Minister and the Deputy First Minister. That is to ensure collaboration and to provide cross-community credibility.
With regard to the appointment of a chairman of the commission, this is not required by the legislation or necessarily envisaged, but the IRC has the autonomy to appoint a chairperson if it so chooses. We hope that the commission will be in place in early 2017. We are aiming for January 2017.
I can assure the noble Baroness that the Government will not allow the negotiations on exiting the EU in any way to compromise the Government’s determination to carry forward their commitments to Northern Ireland.
When we debated the primary legislation, my noble friend made the point about sanctions. It is open to the IRC to make recommendations to inform the Executive’s programme for government.
With regard to the Executive’s action plan, as has already been mentioned, the UK is providing £25 million to tackle paramilitary activity. The Government are working with the Executive to deliver a robust action plan. Before the UK Government can agree to release funds, we must see a prioritised and effective plan from the Executive, and we look forward to seeing more detailed plans from the Executive. It is essential that the Executive make urgent progress on this.
On the funding of the IRC, I note what the noble Lord, Lord Bew, said. It is important that the transparency of the Executive’s finances is underpinned by an independent fiscal council.
My noble friend Lord Lexden asked a number of questions. The IRC may contract such legal services as it considers necessary. That is obviously part of why the Government are providing £3 million funding for the commission.
We hope that the further regulations will be laid soon. I hope that I have covered most, if not all, of the points that have been raised.
In conclusion, the continuing activities of paramilitaries are a blight on communities across Northern Ireland. The Independent Reporting Commission will have an important role in helping to rid Northern Ireland society of these heinous activities. I am sure the whole House looks forward to the IRC starting its work early next year.
Lord Empey
My Lords, just before the noble Lord sits down, I am bit unclear about one thing—if he is not in a position to answer now, perhaps he could write to me. The £5 million a year has been promised, but the Government clearly have some issues over the lack of clarity on the part of the Northern Ireland Executive’s strategy. Could he tell us whether there is any timetable for resolving that issue? Could he even share with us—if not now, perhaps by writing and putting the letter in the Library—what it is that is not sufficiently developed? We have been at this game for well over 20 years now, and it is very disturbing that there is money there while there are huge areas of deprivation and paramilitarism is still active. It would be most unfortunate if we cannot get that already-provided resource out there, making some positive contribution. If the Minister could help us in some way on that, I would be most grateful.
Lord Dunlop
As my noble friend will know, the Secretary of State has to persuade the Treasury to release funds. The House will know that the Treasury requires sight of detailed and measurable plans, and that is what is at issue here. I cannot give him a precise timetable tonight, but if there is further information that can be usefully shared, I am happy to write to him on that. The key point is that the Government are seized of the need to make urgent progress on putting in place an effective, detailed action plan that will start to tackle this scourge on society in Northern Ireland.
Human Trafficking and Exploitation (Scotland) Act 2015 (Consequential Provisions and Modifications) Order 2016
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Lord Dunlop
That the draft Orders laid before the House on 11 and 13 July be approved. Considered in Grand Committee on 18 October.
Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016
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Lord Dunlop
That the Grand Committee do consider the Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016
The Parliamentary Under-Secretary of State, Northern Ireland Office and Scotland Office (Lord Dunlop)
My Lords, to summarise, the Bankruptcy (Scotland) Act 2016 consolidates bankruptcy legislation in Scotland. The Act received Royal Assent on 28 April 2016, having been passed by the Scottish Parliament. The purpose of the 2016 Act is to consolidate Scottish laws on insolvency and make bankruptcy policy more accessible, both for the money advice community and those experiencing financial difficulties. As with the order we have just discussed, if passed, this order would amend UK legislation as a consequence of the Act. The order is made under Section 104 of the Scotland Act 1998, which allows for “necessary or expedient” changes to UK legislation in consequence of an Act of the Scottish Parliament.
The Bankruptcy (Scotland) Act 1985 has been heavily amended over the years and new primary legislation has been introduced, most recently in the form of the Bankruptcy and Debt Advice (Scotland) Act 2014. Bankruptcy legislation in Scotland has been widely considered to be confusing and difficult to follow, and the need to consolidate the law has been identified. Drafting of the Bankruptcy Consolidation Bill was led by the Scottish Law Commission, which, alongside officials from the Accountant in Bankruptcy, Scotland’s insolvency service, undertook a consultation in 2011 on consolidating bankruptcy legislation before the Lord Advocate brought forward proposals for a Bill. This Scottish primary consolidation legislation therefore brings together and restates all of the Scottish bankruptcy legislation, including the elements from the 2014 Act—a move supported by the money advice and insolvency industry, as reflected in evidence to the Scottish Parliament when it passed the 2016 Act earlier this year.
Some of the provisions that the legislation consolidated must be restated in both Scots law and UK law. For example, Articles 4 and 6 of the order restate provisions on the effect of discharge from debts and on limitation of actions outside Scotland as a result of Scottish bankruptcies. Article 3 restates the current arrangements for examination, in certain Scottish bankruptcy proceedings, of persons residing in parts of the UK other than Scotland. Schedule 1 updates cross-references in statutes across the UK—for instance, to replace references to “the 1985 Act” with references to “the 2016 Act”. Lastly, Article 5 restates minor procedural provisions about powers of the Secretary of State.
The UK and Scottish Governments, Ministers and officials have worked closely together to ensure that this order makes the necessary amendments to UK legislation in consequence of the 2016 Act of the Scottish Parliament. I hope that noble Lords agree that this order is also an appropriate use of the powers in the Scotland Act and a further example of the UK Government’s commitment to work with the Scottish Government to make the devolution settlement work. I commend the order to the Committee. I beg to move.
Lord McAvoy (Lab)
My Lords, again I thank the Minister for the exposition of quite a complicated order. Although no formal consultation by the Government has taken place on the order, the Scottish Law Commission consulted fully both on the draft Bill and an accompanying order under Section 104 of the 1998 Act. These are available online. The Scottish Parliament stated in guidance notes on a draft of the order provided for information with the Bill that became the 2016 Act—the consolidation Bill:
“This instrument has no impact of a regulatory nature on the private sector or civil society organisations”.
It said that no significant imposition or reduction of costs was foreseen, that there was no impact on the public sector, and the legislation would not have any significant impact on activities undertaken by small businesses. The effect of the order is purely consequential; it,
“does not create new policy or frameworks and therefore no monitoring or review of the effects of this Order are required”.
It is quite simple. It is a necessary matter, and has the support of the Opposition.
Lord Dunlop
I am very grateful to the noble Lord for his support. As he has laid out, this order is fundamentally of a technical nature, consolidating legislation rather than making any changes to policy or the devolution settlement. I therefore commend the order to the Committee.