Northern Ireland Political Situation

Lord Empey Excerpts

Monday 3rd July 2017 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lord for his contribution. He comes with past experience of the job. He will know that deadlines have been set in the past; this is nothing new. I fully agree with what he says about the democratic deficit. It was inherent in the Statement that we need a power-sharing Executive because of budgetary issues and involvement in issues such as Brexit as well as many others. I do not disagree with him on that at all. All I can say is that work is progressing and there is a narrowing of the disagreements, so there is the prospect of a deal.

On the question of the donations legislation, obviously there will be a chance to discuss this when it is presented to Parliament but I would say that it has been welcomed by the opposition Front Benches both in the House of Commons and here. There will be a chance to scrutinise it as it goes through both Houses.

[Lord Empey (UUP)]

My Lords, while much has been made of disrespect and respect, who is respecting the more than a quarter of a million people who are on hospital waiting lists, over 53,000 of whom have been waiting for over 12 months to see a consultant? Who is respecting the interests of the victims of the historical institutional inquiry that people have been waiting a lifetime for but is lying idle and unattended to on the shelf in Stormont? Who is paying any respect or even attention to the schools that will reconvene in September not knowing whether they have budgets that can carry them through the entire year? This shame and disgrace have been going on now for over six months. While I am entirely in favour of people treating each other with respect, the vast majority of people who are on these waiting lists are being treated disrespectfully. Will the Minister be kind enough to pass that message on to his right honourable friend and ensure that those people have their legitimate needs and concerns properly addressed, openly and clearly?

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lord for raising those issues. He will of course be aware that on a day-to-day basis, health spending and education spending are being carried forward in Northern Ireland because it is important that we have appropriate government there. What is not happening, as he did not allude to directly but I am sure he intended to, is that strategic decisions are not being made at the moment. That again refers to the democratic deficit, which we must seek to fill. At the moment the head of the Civil Service in Northern Ireland has indicated that the Civil Service is in a position to keep matters running, but the noble Lord is right to say that this could not go on indefinitely and that there is a democratic deficit. There is indeed.

Queen’s Speech

Lord Empey Excerpts

Tuesday 27th June 2017 Lords Chamber

[Lord Empey (UUP)]

My Lords, noble Lords will not be unaware of the ongoing criticism in the press and media of the existence and the conduct of your Lordships’ House. We find ourselves in the position of being continuously subject to ridicule and indeed contempt in cases. It is interesting that two of the first four Private Members’ Bills before us this Session deal with matters pertaining to this House. The noble Lord, Lord Grocott, is no doubt about to launch himself into another series of activities, and there is another Bill further down the list. I believe this proves the need for further action. With the noble Lord, Lord Burns, reporting this summer on ways to reduce numbers, the time has come for the Prime Minister to appoint a Minister for Lords reform and settle things for the foreseeable future. We need out of this ongoing limbo. I believe consensus is within our grasp as we struggle to deal with the size and imbalance of the House—which, I remind noble Lords, was created not by this House but by successive occupants of No. 10 Downing Street. Perhaps the Minister will respond to this in his wind-up.

I have often mentioned my unhappiness with the current policy with regard to the devolved Administrations. I call it a policy of “devolve and forget”. The wretched Sewel convention is at its heart. I note that the Constitution Committee of this House has also expressed some concerns. I am all for devolution, but there still needs to be parliamentary oversight. The lack of such oversight is why Northern Ireland got into trouble in the 1960s and 1970s. We have not learned from that, and we are repeating the same mistake today by ignoring what is happening in the regions. Growth in the devolution of powers to cities and regions in England cannot be left without some form of oversight; otherwise, we go back to the time of the city state. It has to be said that changes to our constitution in recent years, especially following the Scottish referendum in 2014 and the introduction of English votes for English laws in the other place, have left us with many pieces of unfinished constitutional business. I have to say that the handling of those issues was perhaps not the coalition’s finest hour.

With regard to the announcement today in the Scottish Parliament, I had the pleasure of watching the First Minister of Scotland deliver her Statement, and I was very glad to hear it. I hope it is the first positive sign of some realism because, as the noble Lord, Lord Reid of Cardowan, said, the Parliament was being used as a battering ram not to strengthen the union but to bring it to a conclusion. I think he was quite right on that, and the announcement from Scotland today is very welcome.

With regard to Northern Ireland and the deal that was struck yesterday, it would be impossible not to have concerns. In recent years, purely from a delivery point of view, the Stormont Executive have been a flop, with scandal after scandal and inefficiency, while the RHI controversy, if it is as reported, is downright incompetence. Judge Coghlin’s inquiry into the botched scheme has not yet held its first hearing, but he has already amassed the equivalent of 1,000 lever-arch files full of documents. His report’s first public hearings will be in October. I do not know how long it will take, but you can count.

While no devolved Administration will look a gift horse in the mouth, one cannot be other than concerned at the reaction in the press and from some other nations at the news of extra money for Stormont. I could make a case all day for extra resources, but the fact that it is linked to votes in the other place makes it look bad. I can well understand that the people in Scotland, Wales and the regions of England are unhappy. The Barnett formula is a delicate flower and has been good for Northern Ireland. If that formula is unravelled, it could cost us dear in the long run.

What concerns me most, however, is that unionism in Northern Ireland has been linked to cash. Look at the cartoons in the papers today. I have never been a believer in begging-bowl unionism, yet some in the media have spun it this way. The cut and thrust of politics reveals it as a numbers game, and people are inevitably going to exploit an advantage if it arises. That applies to all parties, and do not let any of them deny it. However, unionists must never create the impression that their unionism is cash based. That is not what being part of the union should be about. Unionists must also be aware of the needs of others in the UK and that their ongoing support is the only way in which the nation can stay together in these troubling days as we approach Brexit. The sad reality is that, if the numbers surrounding the losses expected to flow from the RHI scheme are to be believed, nearly half of yesterday’s cash will be swallowed up in making good those losses. What an irony it would be if those figures are correct.

Given the mess that Stormont got into last December, which in my view could easily have been avoided by a little grace and leadership, Sinn Fein now has to make up its mind whether to stick with the institutions or play the Dublin card. Mr Adams should never have been given this opportunity in the first place, but I hope good sense will prevail and the parties will agree to re-establish the institutions. If not, I hope the Government will be prepared to keep an open mind on ways in which devolution can be preserved, as a little thinking outside the box is preferable to collapse and direct rule. Remember, in the advancing pace of the Brexit negotiations, Northern Ireland’s voice is not being heard. This state of affairs cannot continue.

Patrick Finucane

Lord Empey Excerpts

Monday 12th March 2012 Lords Chamber

[Lord Shutt of Greetland]

My Lords, I agree with my noble friend that it is important to look at the many. The Historical Enquiries Team, a devolved matter dealt with by the Police Service for Northern Ireland, was set up in September 2005 to investigate some 3,259 unsolved deaths. To date the team has looked into 2,423, which is three-quarters of the deaths on which the team has either done the job or is getting on with the job at present. Clearly, that is very important work. Yes, there is more important work to be done, and work continues to be done in discussions between the Secretary of State and the devolved Assembly.

[Lord Empey]

My Lords, I met the Finucane family to discuss their call for an inquiry into Mr Pat Finucane’s outrageous death. The family told me that they had no intention of accepting an inquiry held under the 2005 legislation, even though other inquiries promised at the Weston Park negotiations were in part held under that legislation. Will the Minister confirm that government policy remains that there will be no more open-ended and expensive inquiries? If he cannot confirm this, I must call upon him to initiate inquiries into the tragedies at the La Mon House Hotel, the Kingsmill massacre, Omagh, and many more.

[Lord Shutt of Greetland]

My Lords, it is indeed the Government’s position that we should not go in for further lengthy, costly inquiries. We want to see this work continued, as I mentioned to my noble friend, with the Historical Enquiries Team and with other work that can proceed.

Independent Monitoring Commission for Northern Ireland

Lord Empey Excerpts

Wednesday 18th January 2012 Lords Chamber

[Lord Empey]

My Lords, I join with others in thanking the noble Baroness, Lady Harris, for securing this debate.

The inception of the IMC was primarily a confidence-building measure. It was negotiated at great length, and one person who deserves some mention for it, as I hope the noble Baroness, Lady Smith, will know, is her right honourable colleague, Paul Murphy, who played a significant role as Secretary of State and Minister of State in Northern Ireland. As my noble friend Lord Trimble said earlier, during the negotiations we found there were those who did not want it to shine a light on some of those people who were conducting very unsatisfactory activities right across the Province.

The reality was that when eventually it did come on the scene, late in the day as it was, the IMC was derided and criticised. It was referred to as a paper or toothless tiger that would never gain the confidence of people in the community. However, as all noble Lords who have spoken so far have conceded, it made a very significant contribution to the progress that has been made.

As I have said to the Minister—and I hope that he will respond to this when he answers—I feel that it was premature to wind the commission up at this stage. I suspect that it was never intended to last for seven and a half years but, nevertheless, it successfully shone a light consistently and independently on all paramilitary organisations. It held their feet to the fire, despite the fact that some of them were negotiating for money to keep organisations that they particularly sponsored going, whether it was from a community point of view or otherwise. Someone was there always to look, to see, to point out and to report on what was going on. That is missing at present.

Some months ago, the Secretary of State called a meeting to which a number of us were invited and attended. Will the Minister confirm that the Secretary of State will follow that up with another meeting and that they will be held regularly so that members can be briefed on the details as the Government see them? My noble friend Lord Lexden made a very valid point. In the 1920s, once the devolution had settled and the Parliament for Northern Ireland was established, it was effectively the end of the story and people turned their minds to other things. We must not allow that mistake to be made again.

We all understand that money is tight and that £800,000 or whatever a year is still a lot of money. I accept that. But set that sum against the colossal financial and other costs that were borne by this entire community and the very many victims in Northern Ireland, in my view it was money well spent and a small price to pay for an independent guarantee. Because governmental and other material had been put into the public domain, people did not believe that there were some people—and I pay tribute to all of them—who were not afraid to say that a particular group or organisation was doing what it was doing.

I have to say to noble Lords that the paramilitaries still are the role models for many young males, particularly in deprived areas, because there are no others. They fall into the trap and even the dissident republicans are now recruiting among teenagers. Indeed, some of them have already been arrested and charged.

I believe that the commission deserves to be congratulated. I am glad that we got it going and I am sorry that it did not come earlier. I am also glad that those who derided it found, ultimately, confidence in its decisions. It is a good thing and, while this chapter has now closed, at least it is something in which those who participated can take pride in the work that they have done.

Northern Ireland: Economy

Lord Empey Excerpts

Wednesday 19th October 2011 Lords Chamber

[Lord Empey]

My Lords, like others, I thank the noble Lord, Lord Lexden, for securing this debate. One interesting point that has not yet been made is that this debate is about rebalancing the economy of Northern Ireland. It is not about the latest security atrocity or terrorism—something that we have been living with for so long—but how the economy can be improved. It is about time that we looked at this issue. At the end of the day, rebalancing and strengthening the economy is one of the tools that we can use to prevent further outbreaks of terrorism and maintain the isolation of those who are prepared to take up arms against the democratic wishes of the people. The noble Lord, Lord Lexden, has done a twin service in securing the debate.

I, too, am interested in the decisions on air passenger duty. The Treasury announced the formal process yesterday and of course there will be negotiations with the Northern Ireland Executive. It will not be a for-nothing negotiation on behalf of the Executive. They will probably find that, just as the same principle will apply to corporation tax, the loss of revenue will eventually come out of the block grant. Having been involved at the start of the route development fund in about 2000 or 2001 which helped us to secure the transatlantic service, I am obviously anxious to see it maintained. Only a year or so ago, we got the New York Stock Exchange to set up in Northern Ireland. What kind of message are we sending them if we suddenly say we are stopping the very aircraft that gets them to and from their headquarters? We want to remember, going back 10 years, that we had one international flight out of Northern Ireland. It went to Amsterdam. We are now competing with air passenger duty in Dublin of €3. The Executive will have to take the decision that is necessary to make up the shortfall in funding.

One sector that sometimes gets left behind is the agri-food sector. At present, it accounts for some 20 per cent of Northern Ireland private sector employment. Everybody had been saying that financial, hi-tech or IT services were the solution. The dotcom bubble burst, then the financial services bubble burst. Throughout the bad days after the crash in 2008, the agri-food sector and the land-based industries, which are a much greater proportion of the Northern Ireland economy than in the United Kingdom as a whole, kept on steadily going. Invest NI, which I had some part in creating, had taken a view in recent years that it would concentrate its activity on jobs that produced salaries of £25,000 a year or more. In most cases, the agri-food sector did not come across that. The average salary there is currently some £20,000 to £22,000. However, in light of current circumstances and given the plans that the Irish Republic has announced to grow its food sector by 40 per cent by 2020—Scotland has also announced that it intends to grow its food sector—if we were to do the same thing it would have a dramatic effect, creating between 7,000 and 8,000 jobs directly and a significant number in addition.

Given the circumstances that the world finds itself in, being a significant provider of food is not a bad place to be. In the current circumstances, while I accept the need for high-value-added jobs, we have to be more realistic in the current labour market and economic situation. I would be inclined to give significant support by having a major plan to develop the agri-food sector, not only on the food processing side but particularly in research. There is a lot of research money in Europe. We get just about—and no more—our share of it. I strongly urge the Executive to pursue this because we can collectively achieve a lot more by doing so.

Much has been said about corporation tax. I am not going to rehearse the arguments. I regard it as only one of a whole series of tools. I support the idea—I have always done so—but there is no silver bullet that will fix the problem. I know from my own experience on the skills side that, as a United Kingdom, there is still in excess of one-fifth of our population that is not adequately literate. Northern Ireland is actually slightly better off than the rest of the UK in that regard, but what a statistic for a country that prides itself on being one of the top economies of the world.

We saw the social problems in the summer during the riots. The common denominator by and large, with some exceptions, was the absence of basic skills. When we translate all of that back to Northern Ireland—the noble Lord, Lord Alderdice, made a number of very important points about the culture—we might say that people have been bred up on the benefits system. That is not where their natural home is, but to get away from it, when you add all the benefits—free school uniforms, dentistry, healthcare, opticians and so on—you would need nearly a bank manager’s wages to make it worth your while to work.

Given the combination of that with the lack of opportunity, what do we expect people to do? They have to put food on the table somehow, so it is up to us, in rebalancing the economy, to get the message across. I have been in the middle of Stormont for years, and have seen how the carve-up happens at the table whenever the money from London is put on there—everybody grabs their bit and that is the way it works. We have to realise that that endless flow that we have seen for many years is no longer endless and it will get progressively less. That is an inevitability as the economy of the United Kingdom faces up to the fact that we talk about deficit reduction but in fact we have structural debt and all sorts of debt, and it is going to take a generation to clear it. Northern Ireland is not going to be able to rely on very substantial amounts of public expenditure to survive.

Therefore, I entirely support the comments of the noble Lord, Lord Black. I believe very strongly in the creative industries. There is tremendous potential and we have some wonderful talent. Look at our golf. We have huge opportunities there to exploit that from a tourist point of view and in other ways. What other small province in the world could have produced so many talented people in such a short time? It is statistically almost impossible but we have done it. When we add in our land-based industries and our experience in food production, in those three areas alone there is potential for significant growth.

It is depressing in the current circumstances to see youth unemployment in particular rising, but I retain residual optimism that ultimately the entrepreneurial spirit and indeed the genes that were in the economic life of this part of the United Kingdom can be revitalised. It is a matter of concern that so far into the new Assembly progress has not been made. I know how hard it is to produce these programmes for government. It is a very tiresome process, but at the end of the day if we do not get on quickly, we are not giving the right leadership to the industry that is so necessary for our future prosperity.

[Lord Kilclooney]

My Lords, I should like to fill the gap—I was not aware of this debate until today, unfortunately. I congratulate the noble Lord, Lord Lexden, on having this debate. As the noble Lord, Lord Empey, says, the great news is that we are discussing the economy of Northern Ireland and not the security situation.

I declare an interest as chairman of the largest newspaper group in Northern Ireland and the Republic of Ireland, employing some 300 people, so I know something of the problems of business in both parts of that island. I am delighted to hear the noble Lord, Lord Black, mentioning the Tyrone Courier and certainly he will be well reported in the Tyrone Courier next week because it is the largest weekly newspaper in Northern Ireland. One thing I disagree with him about is that he says the small papers are in trouble. No way—small papers are succeeding. We have the largest circulation in Northern Ireland, with 75,000; the big papers, like the Belfast Telegraph, are down to 50,000. The weekly papers are succeeding; the daily papers are in decline right throughout the United Kingdom—so be careful at the Telegraph!

The noble Lord, Lord Lexden, said that devolution was successful. I was deputy leader of the Ulster Unionist Party at that time with the noble Lords, Lord Empey and Lord Trimble. We negotiated the Belfast agreement. To say it is successful is going a bit far. I am more inclined to agree with the present Secretary of State for Northern Ireland in his speech in Manchester a few weeks ago when he said it is getting to the time when they have got to make decisions. People in Northern Ireland are losing respect for the Northern Ireland Assembly, and if it collapses then the gap is filled by terrorism yet again. It is important that decisions are made.

Look at the decisions that have been missed. We mentioned golf; the great international football pitch—no decision; the extension of Belfast City Airport—no decision. The replacement of the 11-plus—abolished; now we have three 11-pluses.

[Lord Empey]

Five.

[Lord Kilclooney]

Well, there is one for integrated schools, one for Roman Catholic schools and one for state voluntary schools, which is amazing. On John Lewis’s planning application at Lisburn, there is no decision. There are no decisions being made and sooner or later the public in Northern Ireland will catch on, which will be very bad news there. As far as devolution is concerned, we should place on record our appreciation of the work of Senator George Mitchell, who some of us were with on Monday evening at King's College, and our thanks to the former Prime Minister, the right honourable Tony Blair. He is criticised very much these days in the media but we should place on record our appreciation of the time and effort he gave to bring devolution.

The noble Lord, Lord Lexden, said that GB taxpayers are subsidising Northern Ireland. He forgot to mention places called Scotland and Wales, and other parts of England. They are getting subsidised as well. We are actually quite successful now. We are not the poorest part of the United Kingdom any longer. Wales is—check the figures. Our unemployment in Northern Ireland is now less than the UK average. We have statistics to show that Northern Ireland is progressing and we should not always be on the back foot, trying to say that things are bad there.

I come to the issue of corporation tax. I have always been critical of the Northern Ireland Secretary of State in his campaign to have a lower level of corporation tax in Northern Ireland. If you look at the PwC accountants’ report on what attracts an investment, corporation tax is number 10 in the priorities —not number one but number 10. I know that from my experience in business in both Northern Ireland and the Republic. Other things come into account: national insurance contributions; other forms of taxation; education—there was some criticism of that this evening—and labour costs. The noble Lord, Lord Bew, mentioned Google but he did not happen to mention Dell, which left Limerick in the Republic of Ireland. Why? Was it the 12.5 per cent corporation tax? It stayed in the European Union and went to Poland, with its 19 per cent corporation tax, because that tax is not the main factor in deciding how you develop a business. There are many other issues: read the papers tomorrow and see what Aviva has announced in the Republic of Ireland today.

I am going to be told that my time is up. All I can say in closing is that, as a Unionist, I believe in equality of services, equality of taxation and equality of responsibilities.

Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2011

Lord Empey Excerpts

Monday 4th July 2011 Lords Chamber

[Lord Alderdice]

My Lords, I am grateful to my noble friend for outlining the background to the order. I should like to pick up one or two of the comments. Like other noble Lords, of course I regret the fact that it is necessary for this order to come forward again. Perhaps, particularly today, noble Lords might expect me to say that such a thing should not be necessary. In the final IMC report published today, we have said again that it is time for peace process institutions to pass into history and for the proper administration of politics and the rule of law to take place under Northern Ireland authority by Northern Ireland elected representatives.

I and my colleagues very much stand by that but it does not necessarily mean that the particular process to which we are referring today should be set to the side immediately. I want to take that a little further. It is clear that there are those in Northern Ireland on the republican side—we sometimes call them dissident republicans—who simply are not persuaded that political arguments should not be made through threat or actual use of violence. They continue to believe that. For a very long time there have been people who have taken that view in Ireland, north and south as well as elsewhere.

As the noble Lord, Lord Maginnis of Drumglass, said, it is also clear that there are those in the loyalist community who continue to use violence. With regard to them, I see little evidence that there is any political agenda at all. It is very much about self-aggrandisement and crime. In some cases it is a kind of incipient attack on the police and the historic inquiries team, because some of them simply do not want their past crimes to catch up with them. They want to foment violence, trouble and sectarianism within their own loyalist community.

My difficulty, and I think my noble friend will agree, is that despite the fact that the previous Government indicated that a more substantial process would take place, the consultation was very limited. It seems to me that, the next time round, there needs to be a much more substantial consultation at a much earlier stage. Over the past number of years the majority of people—and I say this from my experience in the IMC—have been increasingly prepared to come forward to give evidence and material, to participate in juries and so on. However, I am not wholly sure that we will get to a place in the next two years, or perhaps even a little longer than that, when there will be no fear and no reason for fear in the community.

It seems to me that there is something fundamentally unsatisfactory about telling ourselves that in two years it will be fine; in two more years it will be fine; and in another two years it will be fine. We know how long the provisional can stay and that it can become rather permanent. I do not think that that is satisfactory. I wonder whether the notion of non-jury trials is such that they will have to be with us for quite some time. They are not for widespread use—we are talking about only a dozen or perhaps two dozen individuals over a period of 12 months. However, it is still a significant number.

I come back to a matter that I and colleagues in the Alliance Party have spoken about in the past—that in such non-jury trials a number of judges might sit together, not on the basis of a two-year order but perhaps on a longer-term basis in circumstances where it proved necessary. We have seen such circumstances in the Megrahi trial, for example, which was a three-judge court, with appeal to a five-judge court.

In the past, the argument made by the judicial authorities in Northern Ireland when there were a very large number of cases was that it was completely impossible as the number of judges required would make it completely impractical. There was some force in that argument. However, where we are talking about a very small number of cases it does not seem unreasonable to believe that the judiciary in Northern Ireland might be able to sustain the numbers required. In theory the Diplock courts were unsatisfactory; in practice complaints about justice during the Troubles were more about perverse outcomes such as the Birmingham Six and the Guildford Four, which were jury trials, rather than the actions of judges in Northern Ireland. It says a great deal about the calibre of the judges in Northern Ireland over many years that there were not an enormous number of complaints. In principle it was not satisfactory but in practice there was relatively little complaint.

[Lord Empey]

I want to make sure that I understand what the noble Lord is saying. Is he saying that instead of coming back in two years’ time for another renewal, which in theory could go on indefinitely, we move to a transition proposal? As Dr Johnson said, there is nothing as permanent as the temporary. In other words, would this become a transition period rather than simply coming back in two years for renewal? Was the noble Lord saying that his proposal for multi-judge courts would be a transition to where we would all want to be with jury trials?

[Lord Alderdice]

As ever the noble Lord is alert and well ahead of the argument. There is a case that, rather than waiting for two years, when we would have little opportunity but possibly a modest consultation and a repeat of the order, perhaps after only one year there could be a much more serious consultation process that would look at the question of whether a more substantial change might be made. For example, a more permanent arrangement which had three judges sitting in such non-jury cases might be considered. I say “after only one year” because quite clearly it would require substantial primary legislation that would require serious consultation and thought. However, I feel that it would not be good for us to get into a position where every two years we repeated this because we could not think it through properly. It is much better to come back for a proper consultation, not with just 11 returns but with a more substantial debate which gave time for proper primary legislation. I fear—from my own experience and I rather suspect that of other noble Lords with experience in Northern Ireland—that those on the loyalist side and the republican side who may be prepared to threaten juries and otherwise use threats and intimidation may not disappear in two years or four years or six years. Some of the cases of violence in the last little while will take quite a while through the process.