Queen’s Speech

Lord Empey Excerpts

Thursday 13th May 2021 Lords Chamber

[Lord Empey (UUP) [V]]

My Lords, I too congratulate the noble Baronesses on their maiden speeches today, which indicate that there will be significant contributions from both of them in the days ahead.

On the proposal for voter ID, my noble friend the Minister referred to the fact that, in Northern Ireland, this system, or variations of it, have been in force for some 35 years, with photo ID being introduced in the early noughties. I have listened to a number of noble Lords and noble Baronesses today, and indeed before today’s speeches, expressing concern and the view that this is suppressing, or could suppress, people’s ability to vote. I have to say that our experience over many years does not support that concern. Indeed, while I do not quite agree with my noble friend Lord Hannan, he nevertheless makes some useful points.

In addition, national insurance numbers are used on the application form, not only driving licences and passports. To deal with people who do not possess these—and quite a number of people do not—we introduced an electoral identity card, which is issued by the Electoral Office. Indeed, to reach out to people, it physically took vehicles round housing estates and areas to ensure that people could get photographs taken and have access to these cards. If my noble friend wishes to talk to some of us who have been using the system for many years, we would be only too happy to help.

It is not all perfect; there are several aspects of the voting system that are open to abuse. We found that postal voting was open to abuse. For many years, to get a postal vote here, you had to make an application and have a witness sign the forms to ensure that it was in fact bona fide. The other area is proxy voting; people are still abusing that. People ask what evidence there is to support this, but I would point out that it is almost a hidden crime, in that it is very hard to spot. If my noble friend wishes to pursue this with some of us, we would be very happy to help. I am more concerned about people abroad voting. That requires a lot of close scrutiny before we sign it off into law.

The other point I want to make is about devolution generally in the UK. Whitehall has had a “devolve and forget” policy; it devolves power and then leaves it, and there is then no link between it and what happens. I described it as creating giant ATMs in Belfast, Cardiff and Edinburgh—people do not have any idea where the money comes from. I say to my noble friend that it might be useful if, annually—or whatever period was felt appropriate—a leaflet or something online is produced so that people can see where the cash comes from for the devolved regions. You do not have to make a ceremony of it, but I think people need to understand the arithmetic of the UK. That would be helpful.

With regard to the points from the noble Lord, Lord Lisvane, about new constitutional proposals, I do not necessarily accept everything that his group has produced but at least they have been thinking. It is perfectly clear that the system as it functions at the moment is not working. For our colleagues in Scotland, even though the electorate is virtually evenly divided, it is clear that money is not going to be the only issue. There are also issues of values, identity and so on, which need to be looked at carefully. The constitution needs to change, but in a way that does not make matters worse, as in some cases devolution did, particularly in Scotland.

I support devolution but I believe that this Parliament must understand what is happening and be sufficiently flexible to adjust to ensure that our union survives. I fear that people might be carried away by rhetoric and regret a decision to leave the United Kingdom at a future point.

Bribery Act 2010: Post-legislative Scrutiny (Select Committee Report)

Lord Empey Excerpts

Wednesday 3rd February 2021 Grand Committee

[Lord Empey (UUP) [V]]

My Lords, I begin by thanking the noble and learned Lord, Lord Saville of Newdigate, for his chairmanship, which it was a pleasure to serve under throughout this report. I also extend my thanks to the clerk and the staff of the committee, who served us extremely well, dealing with voluminous amounts of evidence that came in throughout the inquiry.

If I had one impression from the committee, it was that perhaps we were looking at the issue a little earlier than might have been appropriate given that it takes a long time for a piece of legislation like this to drill down to the actual business on the ground. However, I would have to say that we are not unique in having a report debated here 18 months to two years after we published it. Earlier this week I attended Grand Committee when the noble Lord, Lord Howell of Guildford, was making a report on the Pacific Alliance, and that was 18 months old as well, so we are not in any way unique.

It was encouraging to hear that by and large the legislation was working, and it was also good to hear that the United Kingdom has a relatively good reputation internationally on its approach to bribery. However, as the noble Lord, Lord Stunell, pointed out, that was the position nearly two years ago, and obviously it has changed. I hope that that is not permanent. I also note that I watched an interview last night with Senator Menendez of the US Senate, during which Russia and what was happening in the Navalny case came up. A throwaway remark was made that London was awash with Russian money, we were very soft on dealing with money laundering, and so on. One has to be aware that our reputation is under scrutiny by the world, and questions need to be answered about how we approach large sums of money which seem to come without any clear evidence of how they were earned.

The other issue that has perplexed me somewhat has been the balance between small and medium-sized enterprises and the large corporates. While our recommendations are as they are, one still has a feeling, as the noble Lord, Lord German, pointed out a few moments ago, that the person running a small business, up a lane in a garage somewhere, would not necessarily have the grasp of the issues that a large corporate has, which can afford to employ expert legal advice and have people to deputise. That needs to be watched very carefully. We need to push the SME sector to export, and the biggest fear it has is not so much getting sucked into bribery but not getting paid for its products in a foreign market. That needs to be taken into account.

The other issue that we touched on was how this matter will be continuously kept under the eyes of government and Parliament. There is, or was at the time, a parliamentary advocate, who I think was John Penrose MP, and we were a bit concerned that a Back-Bencher might not necessarily be the right person to promote the whole concept of keeping bribery under control.

I would also like to raise one another matter, which perhaps the Minister could address in summing up—no one would be better qualified. We took evidence from Scotland; of course we know that Scotland has a different law and has had for centuries. One issue that came up was whether there was a risk that the law in Scotland could become sufficiently different from the law in the rest of the United Kingdom that we could allow a loophole to develop whereby location of a business in one part of the United Kingdom would leave it less vulnerable to charges under the Bribery Act than if it was located in another. I would appreciate it if the Minister could address that in his summing up. While we were satisfied that it was adequate and equivalent in current circumstances, that may not necessarily be the case in future. Could that particular matter be kept under review?

Rule of Law

Lord Empey Excerpts

Thursday 10th September 2020 Lords Chamber

[Lord Keen of Elie (Con) [V]]

My Lords, we absolutely are not. It would not be possible for us to unilaterally rewrite either the withdrawal agreement or the terms of the Northern Ireland protocol. We understand that. It is why my right honourable friend the Secretary of State for Northern Ireland was so candid in his remarks in the other place.

[Lord Empey (UUP) [V]]

At the beginning of July, the Government allocated £25 million to help businesses in Northern Ireland manage the regulatory and customs consequences arising from the Northern Ireland protocol. By 29 August, this sum had risen to a staggering £355 million. Can my noble and learned friend explain how a unionist Government are allocating hundreds of millions of pounds to police a border, within the United Kingdom, which they claim does not exist legally?

[Lord Keen of Elie (Con) [V]]

I am not familiar with the precise sums that have been expended, as explained by the noble Lord. On paragraph 4 of the Northern Ireland protocol, it is expressly agreed by everyone that Northern Ireland will remain a part of the United Kingdom customs area. We as a Government are determined to ensure that that remains the case after the transition period.

Northern Ireland Act 1998 (Section 75 —Designation of Public Authority) Order 2020

Lord Empey Excerpts

Wednesday 8th July 2020 Lords Chamber

[Lord Empey (UUP) [V]]

My Lords, in broad terms I support the introduction of this instrument; in his introduction, my noble and learned friend, set the scene. However, this originated in the authority in the EU withdrawal Bill, which incidentally, in its overview, said that it will

“take back control of our laws by reaffirming the sovereignty of Parliament; end vast annual payments to Brussels; protect the Union by ensuring we leave as one United Kingdom”.

My noble and learned friend will know that, as a result of the Northern Ireland protocol in the withdrawal agreement, we will not be leaving as one United Kingdom, because Northern Ireland will remain very largely in the sphere of influence of the European Union—not the United Kingdom—from an economic point of view.

Section 75 has its genesis in the Good Friday agreement—I was one of the negotiators—so naturally it makes sense to introduce those provisions into this authority. However, I note that recruitment has begun, and some people have already been appointed. The question remains: were they appointed under the rules that would be appropriate to Section 75? I had the opportunity, as a Minister, to be responsible for these for many years—I believe that they are important and hope that they will apply retrospectively.

On the protection of rights, I must say to my noble and learned friend that, as the noble Lord, Lord Hain has said, this Government are failing dramatically in the question of payments to victims of the Troubles. The will of this Parliament is being openly defied by the Northern Ireland Executive in failing to do its duty. We have a parallel: the recent victims of historical institutional abuse had to wait for years and years until justice was done, and that was scraped through only at the last minute in the last Parliament.

The Secretary of State knows perfectly well that hundreds of people are sitting and waiting, having been misled. Nobody told them that this problem had arisen in February of this year, until it slipped out 10 days before the day on which they were to have been paid, when an official appearing before a committee was able to tell politicians that nothing had been done in preparation. That was only 10 days before people were expecting to be able to apply to be paid.

Whatever anybody says about rights—and in this House we are all, I believe, for that—the Government must show that they are upholding rights and that they have a duty to protect the people of this country. That is why Parliament decided to help people who were victims of the Troubles—people who were attacked and had their lives and ability to earn a living dramatically changed and ruined in many cases—with pensions.

I congratulate the noble Lord, Lord Hain, on the work he has done on this over the last number of years. However, this cannot go on. It simply cannot, cannot, cannot be allowed to continue the way it is. The rights of those people, guaranteed under Section 75, are being trampled on, and it is our duty as a Parliament to uphold those rights. I hope and pray that my noble and learned friend will address this in his summing up.

Northern Ireland (Executive Formation etc.) Bill

Lord Empey Excerpts

Ping Pong (Hansard): House of Lords
Monday 22nd July 2019 Lords Chamber

[Lord Elton (Con)]

While my noble friend Lord Cormack’s words are fresh in your Lordships’ ears, I remind the House of what happened in 2005, when the then Labour Government sent a Bill providing for the incarceration of suspected terrorists for 90 days without access to the law. This House sat from 2.30 pm on a Thursday until 7.31 pm on Friday night without ceasing to vote down amendments put by the House of Commons.

[Lord Empey (UUP)]

My Lords, it is hard to believe we are discussing the Bill on our agenda, which is the Northern Ireland (Executive Formation) Bill. It seems to have been omitted from people’s minds. I am sure noble Lords have read the debate in the House of Commons last Thursday in Hansard. The House of Commons devoted one hour to all the amendments passed in this House and the other clauses in the Bill. Apart from passing references and signals of annoyance from Northern Ireland Members, the amendments and substantive issues dealt with in the Bill and added to it were not even referred to.

I hope I am wrong, but the indications I have are that the unintended consequences from the initial Commons amendments to the Bill will make the formation of an Executive more difficult. That greatly saddens me. I hope I am wrong and that the parties surprise us and produce something that we all welcome. However, on paper, and from looking at social media and other comments, it seems we have created the most ridiculous position we could possibly have imagined. One of the red lines of Sinn Féin, which has been holding back an Executive, is to ensure abortion and same-sex marriage are applied in Northern Ireland. Leaving aside the nitty-gritty of that argument, we have contrived to ensure with the Bill that, should an Executive be formed, those two propositions will not take effect. That is what we have done: we have put an obstacle in the way of agreement. I do not believe for one minute that the proposers of the original amendments in the House of Commons had that as their intention. They were trying to regularise the legislation which, incidentally, they have signally failed to do, because the proposals in the Bill now are not the same as those that apply to the rest of the United Kingdom.

Leaving that to one side, this is the first time I have seen what should have been straightforward legislation completely distorted, in a way that not only makes the objective of the legislation more difficult, but has added matters that will cause us trouble in the future. I do not want to see us leaving the European Union with no deal. I am long enough in the tooth to know the implications of that but, if we as a country are serious about negotiating an agreement with our EU partners, we have no idea how to go about it.

[Lord Bruce of Bennachie (LD)]

My Lords, on same-sex marriage and abortion, the reality is that this House was implementing the express will of the Commons and improving the workability of those amendments. This issue has come from the Commons in response to an amendment that we passed back to them. I echo the noble Baroness in saying that to suggest that this has nothing to do with the people of Northern Ireland could not be further from the truth. A no-deal Brexit would be disastrous for Britain and catastrophic for Ireland, so we have every reason to support the amendment and reject the Minister’s amendment to it.

Northern Ireland (Executive Formation) Bill

Lord Empey Excerpts

Report stage (Hansard): House of Lords
Wednesday 17th July 2019 Lords Chamber

Moved by

[Lord Empey]

5: Clause 3, page 4, line 2, at end insert—
“( ) The Secretary of State must, on or before 21 October 2019, publish a report on progress on the establishment of a Renewable Heat Incentive Hardship Unit in the Department for the Economy (unless an Executive has already been formed).”

[Lord Empey (UUP)]

My Lords, I have tabled Amendments 5, 6, 7, 8 and 9. They may not be in the same order as they were in Committee, but they cover the same areas of substance. I draw the attention of the House to one change. Members may recall that in a discussion on these amendments in Committee, the noble Lord, Lord Hain, who is not in his place, indicated that children’s health had been omitted from this list. It was after a discussion involving him that the Minister was happy to include a reference to the waiting times for children, as well as on other matters.

I have drawn to the attention of this House on a number of occasions the serious delays in the Northern Ireland health service. It has reached a stage where, last week, the Nuffield Trust produced a damning report on the length of time for which people had to wait. Their health, welfare and quality of life have been dramatically affected by this, and I have no doubt whatever that life expectancy, and life itself, have suffered and been extinguished while people have been waiting on these lists. There are enough noble Lords in this place, particularly those from the medical profession, who know the dangers of delay in cancer diagnosis. The breast cancer waiting times for one of the trusts last year were absolutely outrageous. Noble Lords should think of the anxiety and suffering in a family when that situation arises. I hardly need to draw any clearer a picture.

I shall deal with other matters, such as the renewable heat incentive hardship unit; the Minister, the noble Lord, Lord Duncan, gave an undertaking in March that it would be established. While some steps have been taken, they have been faltering and insufficient, and rely purely on a European Union ruling that it is able to offer loans for only six months at commercial rates, which is absolutely pointless and of no value whatever to the people on this scheme who have found themselves, through no fault of their own, in dire financial straits.

I also point out that the purpose of this scheme was to encourage people to move from the use of fossil fuels to the use of renewables. That was the objective, but what do we have today? I was speaking to a boiler operator the week before last and he has gone back to oil. This is happening in other areas, so what has happened? We have taken a sum of public money and put it into a scheme, the objective of which was to provide renewable energy to reduce our carbon footprint. So, what have we done? We have got many of the people who took up that scheme into serious financial trouble and just left them sitting there. We are now back to the stage where fossil fuels are their only option and they are back to using them. The money has been completely wasted and people have been put into dire straits in the meantime.

I know it is difficult for Ministers here to have their will in Northern Ireland departments over which they have no direct control—that point was made in the debate—but this issue will not go away. There are quite a number of noble Lords in this House who will persist with this until we get justice for the people who have, through no fault of their own, found themselves in dire financial straits. I hope that the amendment will focus attention as we go through.

On Amendment 6, the noble Lord, Lord Black of Brentwood, made a very impressive contribution in Committee on Monday, but the Government did not feel able to accept his amendment. However, we know that the law on libel in Northern Ireland is outdated and poses a threat to a number of areas of activity. I firmly believe that it has to be addressed.

Turning to Amendment 7, Northern Ireland has the highest suicide rate in the United Kingdom. A strategy, Protect Life 2, has been prepared and is sitting on a shelf, unable to be implemented because of the present crisis. Many noble Lords here, from Northern Ireland and other places, know what I am referring to. Because of our recent past, we have a higher level of mental health issues plus a lower level of mental health provision. The combination of those things compounds the fact that we have a strategy that is perfectly sound but cannot be implemented. It is just sitting there because no Minister is in place. That is not the fault of the Front Bench in the House today. I understand that, but the facts are the facts. I hope that the parties will yet surprise us and come up with an arrangement—sooner rather than later. But in the event that that does not happen, even on humanitarian grounds we owe it to people to ensure that the strategy at least begins to be implemented, so that the departments can take steps to alleviate a serious problem.

--- Later in debate ---

[Lord Alderdice (LD)]

My Lords, I want to make two points in support of what the noble Lord, Lord Empey, has done. He has been consistent over quite a period of time, particularly in raising issues regarding the health service.

For a long time, I worked as a doctor and psychiatrist in Northern Ireland; I am familiar with the situation there. I was asked to chair a Royal College of Psychiatrists commission for the whole UK on suicide, on which we produced a report. The noble Lord is absolutely right to keep asking this question and pressing the Government on a range of issues, particularly those regarding health- care. We want to see many other issues brought forward—the noble Lord mentioned RHI and libel law, for example —but he is right to point out that suicide and healthcare are matters of life and death and that the longer they are postponed, the more people’s lives will come to an inappropriate end. I welcome what he has done and support him in it. I ask the Government to support what he says.

There is another element that is very much the meat of the Bill. Effectively, the noble Lord points out that we are moving towards direct rule because, simply, there is no other way of getting any business done in Northern Ireland. There is no government there; that is an impossible position and it is simply not acceptable. I heard a lot of talk about what is democratic and what is not, but not having a Government is a very serious matter. There are a number of ways in which the Government can address this. The noble Lord, Lord McCrea, mentioned one that has been floated several times by a number of us: getting the Assembly to meet and debate these kinds of issues. We could have an election to an Assembly, although part of the point of this Bill is to postpone that; I accept that the summertime is not a good time to do that, but this situation cannot continue.

We will either have an election or move into direct rule. The Bill and the amendments to it take us in that direction. It is regrettable but inevitable that we move in that direction if there is no other option; we cannot continue not having a Government. I commend the noble Lord, Lord Empey, and point out the import of what he says about not just specific issues but the issues in this Bill. I plead with the Government to take serious action after the Summer Recess in respect of either an election or some other way of returning government to Northern Ireland.

[Lord Empey]

To clarify, while I understand how the noble Lord has interpreted what I am doing, does he accept that I believe in devolution and want to see those departments there? My purpose has nothing to do with pushing us in the direction of direct rule; I want to push us in the direction of devolution.

[Lord Alderdice]

I wholly accept what the noble Lord says: he does not intend to push things towards direct rule. However, the implication of him having to raise these matters through amendments here, rather than them being raised by colleagues back in Belfast—despite what all of us wish, which is to move towards devolution—is that we cannot continue with no Government in the medium term. That is what we have. I entirely accept his bona fide commitment to devolution but that is an inevitable consequence.

--- Later in debate ---

[Viscount Younger of Leckie]

My Lords, the noble Lord, Lord Empey, has raised important issues and made some very valid points, and I add my name to those who have expressed their gratitude to him for doing so. My noble friend Lord Duncan has been keen to update the House on progress in establishing the RHI hardship unit, and I am very happy to accept the requirement to publish this report by 21 October or earlier. The reports that the noble Lord requests are on libel and suicide strategy.

I note the points made by the noble Earl, Lord Listowel, and the noble and right Reverend Lord, Lord Eames, and I have taken note of the tragic anecdotes that have been told. The issues of NHS waiting times and welfare mitigations were also raised. All are matters of great importance, as my noble friend Lord Duncan set out in Committee earlier this week, and we fully understand the reason for raising them in this place. We are without a sitting Assembly in Northern Ireland to debate these matters and to consider ways forward that serve all of the people of Northern Ireland.

These are all devolved matters. It is this Government’s fervent hope that Northern Ireland’s political leaders can see their way to agreeing to restore the devolved institutions. We have had some passionate speeches to this effect during this short debate. As these are devolved matters, I do not purport to be able to significantly enlighten the House on the substance of the important issues the noble Lord has raised. But in light of the great value of these amendments, I am happy to accept them today and to commit to one-off reports on the issues specified.

In conclusion, I will answer a question that was raised by the noble Lord, Lord Bruce of Bennachie, on what might happen upon the production of the reports. I say on behalf of the Government that it is our sincere hope that the incoming Ministers in Northern Ireland will draw from these reports to make progress on these important issues. They will be published and will therefore be public documents.

[Lord Empey]

My Lords, I am extremely grateful to all noble Lords who have participated in this debate, and for the consensus that has emerged. Like many noble Lords, particularly the noble and learned Lord, Lord Mackay of Clashfern, I would be much happier if we were not sitting here debating these matters. Clearly, we have a unique situation: yes, Stormont has been suspended before, but it was replaced by direct rule. This is the first occasion when Stormont has been suspended and has not been replaced by direct rule. Therefore, we have a most unique situation—a Civil Service that is working but which is not accountable to anybody. To use the vernacular, it is bonkers, and the question is how long we can put up with it. However, let us focus on the issues, which are worth looking at on their own merits. Perhaps, as the noble Lord, Lord Bruce of Bennachie, said, they could provide at least a basis upon which policies could be implemented when a suitable Government are established. In that spirit, I commend the amendments on the Marshalled List to your Lordships.

Amendment 5 agreed.

Moved by

[Lord Empey]

6: Clause 3, page 4, line 2, at end insert—
“( ) The Secretary of State must, on or before 21 October 2019, publish a report on progress on libel legislation in Northern Ireland and any plans to align Northern Irish legislation with libel legislation in the rest of the United Kingdom (unless an Executive has already been formed).”

--- Later in debate ---

[Lord Empey]

It might be helpful to the Minister to be aware that, in the Assembly of 2007 to 2011, the then Health Minister redid the guidance to give clarity to the profession. It proved not satisfactory to the profession at that time and work commenced on doing it again, but the mandate ran out before it was done. Perhaps it might be helpful if the Minister asked the officials to look that up because there is uncertainty and that is very disturbing. The guidance was the problem in the past. It is not that the Assembly never looked at the abortion issue because it did, but it did not succeed in getting agreement that was acceptable to the professions.

[Lord Alderdice]

As someone who had to work with the guidance before the legislation came through— and this is for reassurance to colleagues—I know that the problem was that the medical profession had to work without guidance for a long time. What happened was that the guidance was introduced partly to satisfy—

--- Later in debate ---

[Lord McCrea of Magherafelt and Cookstown]

My Lords, I once again listened with care to the noble Lord, Lord Hain, as he introduced this amendment. On reading it, I was rather alarmed that the words,

“through no fault of their own”,

which were evident in our previous debate and which he has repeated, were missing. I would certainly not accept that anyone who was injured through fault of their own—in other words, terrorists—should be allowed to receive a pension. That would be not only an insult but an absolute shame. I know that it would certainly be deeply hurtful to those across the community who have been terrorised and injured through terrorist activity.

I will therefore listen carefully to what the Minister says in response to this, because that was the proviso which meant so much to me when I listened to the noble Lord, Lord Hain, on the previous occasion. He pointed out that the pension was a recognition of the great harm done to men and women through no fault of their own. We need to keep that right in front of us, so that there is no misunderstanding as regards any judgment that may follow or any judicial review that is done, with people saying, “What did the House mean by this determination?”.

As far as the other place is concerned, I think the noble Lord is long enough in public life to know that my deputy leader and colleagues in another place will carefully scrutinise the Minister’s words and then, no doubt, vote accordingly.

[Lord Empey]

My Lords, I add my congratulations to the noble Lord, Lord Hain, on his persistence. I come back to the point that a number of victims appeared in the local press in Northern Ireland today and one theme went right across. Yes, they would welcome recognition through a pension—we often forget that a lot of these people have been unable to earn a proper living and provide for their retirement because of their disabilities, physical and mental—however, they would all be horrified if the people down the road who caused those injuries were to get a benefit out of this process.

I am not a lawyer but I understand that one of the critical things when people take the Government to court over a piece of legislation is what the intention of Parliament was when the debate was being held. The Minister can clarify that, of course, because his statements will be part of the evidence in any case. I also ask him to give some thought to the use of terminology in the criminal injuries compensation legislation in this part of the United Kingdom. I believe that the word “blameless” appears in that legislation, so it is the eligibility, together with the fact that mental health is to be taken into account, as well as physical injuries. That is much more difficult, because the service availability to provide that kind of backup and assessment is in short supply, as we heard repeatedly earlier today. We do not want people with genuinely severe mental health problems to feel that they are second-class citizens in all this, so that has to be taken into account. The key thing is to ensure that it is blameless; that people cannot then find some loophole to climb in and get money, which would be rewarding them for their evil deeds.

[Lord Duncan of Springbank]

My Lords, I am very happy to speak on this and I will get right to the point. I am very happy to confirm for the record that the intent and purpose of,

“through no fault of their own”,

is the principal criterion by which we will ensure that victims secure their pension. We will also ensure that all eligibility criteria procedures abide by the “no fault of their own” principle. I hope that these words will stand alongside any interpretation of the Bill as it passes from our House to the other place. I recognise the “blameless” comment as well: we need to recognise that concept that the noble Lord, Lord Empey, put into the discussion. This is to ensure that those who have suffered through no fault of their own, not by their own hand, and who are survivors of a difficult and troubled time, are able to secure a pension now. That pension will be backdated to December 2014, so I hope that for some there will be a serious lump sum. I hope that that money can do some good.

I thank the noble Lord, Lord Hain, for bringing this before us, for pushing it and for keeping us on track all the way through. I think noble Lords who have been part of those discussions will agree that it is through his leadership that we are where we are today. I would not normally do this, but it is also important that I praise one of my officials, Chris Atkinson. He has been instrumental in helping move this matter forward: without him, we would not be where we are today, and I put on record, from all of us who have been involved, how critical he was to securing success. On that basis, I am very happy to accept the amendment.

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[Baroness Goldie (Con)]

It appears that we are still on Amendment 20, which needs to be debated before we consider Amendment 20A.

[Lord Empey]

My Lords, I follow the contribution from the noble Lord, Lord Dubs, who has frequently drawn attention to similar issues. I have no doubt that, as part of the United Kingdom, if it is a decision of the country to try to help people, it is reasonable that that is spread out as evenly as possible. However, I would draw the attention of the House to the fact that the structures of local government, in particular, in Northern Ireland are radically different. Local authorities have no locus in this at all. There are health and social services boards, a housing executive and housing associations, but their funding would have to come from Stormont. That is the conundrum we are confronted with. It is not that there is any lack of hospitality or willingness to play a part in a UK-wide problem. The structures are radically different, and all the social services and housing issues are funded through Stormont and not through local government. Members have to be aware that that is why there is an issue here.

On housing, as I said earlier with regard to welfare mitigation, part of the problem is that we do not have the appropriate housing units in many cases, so we rely heavily on voluntary organisations, Church organisations and others. However, there has to be funding stream for them to deliver their services and offer help. Members must understand that that is why we have a difficulty. It is not as if we can go to Sheffield or Coventry City Councils, which can provide services; I hope that Members understand that. We have Syrians and other such people coming to our shores from distressing situations. People are happy to rally round them, but getting funding flowing has to happen via Stormont. That is the obstacle in our way. Perhaps the Minister can address that in his response.

[Viscount Younger of Leckie]

My Lords, the noble Lord, Lord Dubs, has been a consistent champion for child refugees in promoting their interests. I am very grateful to him for his continued commitment to such an important issue, which I know he has discussed with my noble friend Lord Duncan as recently as May. He deserves a reply. It will have to be fairly brief, which I am sure the House will be relieved to hear, but I hope that it is not too brief.

As the noble Lord will know, the UK has contributed significantly to hosting, supporting and protecting the most vulnerable children, including those affected by the migration crisis in Europe. Since the beginning of 2015, the UK has received asylum applications from 12,756 unaccompanied children. In 2018, we received 2,872 such applications—15% of all such claims in the EU. We are the third largest intake country of all the EU member states. I must pay tribute to the vital work of local authorities in looking after these children and providing them with the day-to-day care that is so crucial in enabling them to rebuild their lives.

The Government remain committed to relocating the remaining children up to the specified number of 480 under Section 67 of the Immigration Act 2016. The Home Office continues to work closely with local authorities and strategic migration partnerships across the country. We remain very keen to receive offers of further placements.

As with other amendments, this amendment cuts across devolved matters. The relocation of children is also dependent on the availability of appropriate local authority care placements. I took note of the speech and comments of the noble Lord, Lord Empey, on housing. In Northern Ireland the delivery of most of the required services, such as health, social care and education, is devolved.

The intention behind the proposed new clause is to provide for the allocation to Northern Ireland of children brought to the UK under Section 67. Of course, it is right that the ability to do so should exist; however, such a clause is not required. The regulations that it requires would duplicate existing ones in the Children (Northern Ireland) Order 1995 and the Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018; they are therefore unnecessary. Whether Northern Ireland health and social care trusts accept children under Section 67 of the 2016 Act is very much a matter for Northern Ireland.

In conclusion, this is an important issue and, given that we are talking about children here, it is important that we, working with Northern Ireland, get this right. I would be happy to continue to discuss and explore our approach to unaccompanied asylum-seeking children with the noble Lord, Lord Dubs. For those reasons, I urge him to withdraw his amendment.

Northern Ireland (Executive Formation) Bill

Lord Empey Excerpts

Committee: 1st sitting (Hansard): House of Lords
Monday 15th July 2019 Lords Chamber

We need to know what all political parties receive in loans and donations to avert that very real fear of money laundering—of parties receiving moneys that are in any way illegal. Our amendment simply seeks to introduce this new clause to provide for regulations to ensure transparency in political donations and loans from 1 January 2014, if the Executive has not been formed by 21 October this year.

[Lord Empey (UUP)]

My Lords, the proverbial visitor from outer space might have been somewhat surprised a short time ago when we were discussing the previous set of amendments about what piece of legislation we were debating. It is the Northern Ireland (Executive Formation) Bill. I was so pleased to see a packed Chamber and all these people taking such a keen interest in Northern Ireland, but they have deserted us all of a sudden. The great, the good and the not so good have gone. It just shows how fickle fortune is in the political arena.

On a more serious note, I think that there is merit in this amendment. At the end of the day, since the 2014 date, donors have known that their details might potentially be released. I accept that it would not have been fair to release the names of donors who donated before that date because they would not have known at that stage that their names might end up in the public domain. There is a perfectly solid and reasonable case for that. Subsequent to that, people have known. I therefore see no reason why 2017 was called into account when 2014 was the kick-off date for this process. That is not an unreasonable thing to suggest and therefore I am supportive of it.

I would like to make a serious point about the proceedings relating to the previous amendment. I am sure that, when we talk about Prorogation, the people on the streets of Belfast talk of little else. They will be bemused that we have been caught up in this firefight which is not strictly speaking relevant to this legislation. The noble Lord, Lord Cormack, is not in his place at the moment, but he was more than right when he called this a Christmas tree Bill last week. In fact, Christmas implies celebration and something to look forward to, so maybe that is not the right phrase for it; it is a jumble, a mess and a sorry piece of legislation, with all these things included. Then we find ourselves getting involved in a national debate on a totally different matter. Her Majesty’s Government will have to look at this. I must say to colleagues in the other place as well that I know things can be drawn too tightly, but we have gone to the other extreme with this legislation. However, I would be more than content to support the amendment tabled by the noble Lord, Lord Bruce.

[Lord Browne of Belmont (DUP)]

My Lords, I firmly believe that there should be full openness and transparency regarding donations and loans to all the political parties in Northern Ireland, just as there is in the rest of the United Kingdom. As many noble Lords will be aware, the Secretary of State sought the view of all the Northern Ireland political parties on this matter in January 2017. As I emphasised in February 2018, there was clear support for full transparency. However, only one party—the Alliance Party—took the rather unusual position that the implementation of the new rules should be backdated to January 2014.

I acknowledge that the earlier date was referred to in the Northern Ireland (Miscellaneous Provisions) Act, but in my view retrospective legislation is acceptable only in exceptional circumstances. It is not fair to reveal the identities of those who made donations assuming that the law at the time would always apply. It is strange that the noble Lord, Lord Bruce, is intent on reopening issues that have been fully considered in the House and elsewhere, rather than concentrating on providing an effective framework for the future. The treatment of foreign donations to Northern Ireland political parties, for example, is an important and unresolved issue. The Electoral Commission is in full receipt of all the facts regarding donations before 2014, so although I support full transparency, I believe that the date of 2014 is a fair way to treat this.

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[Lord Adonis]

There may be very good reasons for such decisions being taken, my Lords, but that does affect the fact that there is no increase in the number of places in Derry. The focus of the University of Ulster is not in Derry. Its headquarters are in Coleraine. The big expansion in which it is engaged is in Belfast. Belfast is the only place in Northern Ireland that has an adequate number of higher education places. This issue is being systematically unaddressed.

As I have said, in the normal course of events, this matter should be addressed by the Northern Ireland Executive and Assembly; it is not. It is tragic for Northern Ireland that it is not. Each year where it fails to be addressed means that more young people have opportunities denied to them. It is therefore essential that this Parliament addresses the issue, particularly in the context of the economic and social situation in the city of Derry, which I think most noble Lords would agree is deplorable at the moment.

Derry has the highest unemployment rate in Northern Ireland and the lowest employment rate. Indeed, it has the highest unemployment rate of any city in the United Kingdom. When I met leaders of the business community in Derry, they said that the single decision that could do more than anything to boost job creation, confidence and the location of new businesses in Derry would be the building of a dedicated university in that city. So I think it is right that we address this issue. For as long as there is no Northern Ireland Assembly and Executive, this is going to be a burning issue of concern in Northern Ireland.

I look forward to the Minister’s assurance on two points if direct rule is going to continue for any length of time—and despite the assurances given earlier today, it looks perfectly possible that it may continue for some substantial period. First, will the Government unblock the decision about the creation of medical places in the University of Ulster’s Magee campus in Derry? Could that not be taken forward next year? What is stopping that decision? Secondly, if direct rule continues beyond September, as appears likely, will the Government give an assurance that they will look at the expansion of university places in Northern Ireland as an issue of urgency, so that more young people do not have opportunities denied to them? I beg to move.

[Lord Empey]

My Lords, I was the Minister responsible for further and higher education for some three and a half years and I had to deal with what is now Ulster University at some length. I visited Londonderry on a number of occasions. The Magee College was formerly sponsored by the Presbyterian Church in Ireland. Ultimately, it became a campus of the University of Ulster, as it was then called. Various pressure groups were formed, including one called U for D—University for Derry—a group of local businesspeople and others who were trying to promote a more substantial campus on the site. The university authorities talked to my department and we looked at sites and various options. However, a whole range of other factors has to be taken into account.

Northern Ireland has had the highest participation rates in university education by people from disadvantaged backgrounds—in excess of 41%, the highest in the United Kingdom. However, we must remember that a very significant number of students are not able to obtain their education, simply because of the curricular availability in two universities in one Province, and a number of people will inevitably move to other locations for higher education. That is not necessarily a bad thing: people need to broaden their horizons and they cannot all be kept locally. I believe it is important to bear that in mind, but for a population of our size to have multiple universities covering the spectrum that is needed in the current circumstances is a very big ask.

The other thing to remember is that the council and authorities of the university came to me with their own plans. I went to visit the Jordanstown campus and as the noble Baroness, Lady O’Loan, said, it was absolutely clear from all the professional advice we received that the buildings were in such a condition that it was not economically feasible to modernise them. They were built in the 1960s, they were out of date and the reports were very clear that it was not possible or economically feasible to rebuild or modify them on that site. Consequently, the university decided that it wanted to push itself into the Belfast region: we are talking about a distance of eight or nine miles further towards the city centre of Belfast. My department supported it in doing that, but it was its decision, not ours—it was not forced. The council of the university and the vice-chancellor said, “This is what we want you to do for us”. We gave them the first tranche of money to start the work on their campus in York Street in Belfast, which is now in an advanced stage of construction.

To deal with the particular issue in Londonderry, there is substance to what the noble Lord, Lord Adonis, says. I strongly support, as I know my colleagues in the Assembly do, the proposal for medical students to be taught up there, because there is a shortage of medical staff throughout the health system in Northern Ireland. I have referred to it many times in this Chamber and we will be doing so later, so I totally support it.

There are funding constraints, as is always the case. I also point out that it is not simply about higher education. We have rebuilt the further education estate throughout Northern Ireland—it has been a herculean task. That was ongoing, and we must remember that not everything can be confined to higher education: we have apprenticeships, and a whole range of other areas to cover. If we had more money, I suppose that we could do more things, but we must remember that we cannot determine precisely where a student will go. We kept our fees suppressed, not at the £9,000 level that they are in England; they are probably approaching £4,000 at the moment. That was a deliberate decision to try to make higher education more attainable and affordable.

I support the fundamental point that the noble Lord makes about doing more up there to broaden the range of courses that can be taken. I did support it, I think that there is widespread support in the Northern Ireland Assembly for putting the medical students up to Londonderry, and I would support it. He must remember that there is a supply and demand issue here. The number of students who could be generated in the immediate vicinity of the city of Londonderry is limited, and not all students want to go to university in their own backyard. Young people want to explore, go further and see different things.

We must also analyse potential demand. That is a primary job of the university. It must determine where it is getting its students from. It was made very clear to us what it wanted to do. It said: we want to rebuild our Jordanstown campus and put it in the centre of Belfast. Will you support us or not? It was not a question of Londonderry versus Belfast—that option was not open. It had made its decision. I believe that it should now proceed to support the opening of the medical facility in Londonderry. I would support that—it makes sense, it gives the city a bit of a push—but we must bear in mind that decisions on these matters were taken by the university itself, not by the Government.

[Lord Bruce of Bennachie]

My Lords, I agree with the noble Lords, Lord Adonis and Lord Empey, in their support for the proposed medical school in Derry, which appears to have complete cross-party support. If the Northern Ireland Assembly were up and running, from everything I have heard and seen, it would be progressing as of now. It is the lack of an Assembly that is the block. When I raised this previously, the noble Lord, Lord Duncan of Springbank, said that the Londonderry city deal might contribute to it, but the question is whether that is completed or whether an element of government ministerial input is still required to enable full delivery to take place.

This is just another example—the noble Lord, Lord Empey, probably has a list as long as both his arms—of where problems arise. As I said, I have visited the Magee campus. It was an interesting visit given all the things they are doing there, including impressive work on artificial intelligence. As far as the university is concerned, the building is available, it is anxious to move forward and it is frustrated not because of a lack of support—or even, in principle, because of a lack of money—but because of exactly the reason we are stuck here: the lack of decision-making capacity in Northern Ireland.

Can the Minister tell us anything encouraging as to whether steps can be taken that do not immediately depend on the re-establishment of the Assembly or, alternatively, add another bit of pressure to re-establish the Assembly?

Northern Ireland (Executive Formation) Bill

Lord Empey Excerpts

Committee: 1st sitting (Hansard - continued): House of Lords
Monday 15th July 2019 Lords Chamber

Moved by

[Lord Empey]

12: Clause 3, page 3, line 39, at end insert—
“( ) After making a report under subsection (1), the Secretary of State must publish a report on or before 10 September 2019 on progress on the establishment of a Renewable Heat Incentive Hardship Unit in the Department for the Economy.”

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[Lord Empey (UUP)]

My Lords, the Committee will see that I have a number of issues in Amendments 12 to 16. I have to say—I have said this to the Minister before—that I believe that this Bill, which was set out to be a relatively simple exercise, has now transformed itself into something totally different. The noble Lord, Lord Cormack, described it as a Christmas tree, so I take the view that if people at the other end are entitled to put baubles on the Christmas tree, I can put tinsel on it. Let us be under no illusion. Once the dam is breached, people will flow through with their own ideas and are perfectly entitled to do it. I have chosen a number of things because I believe they are very important to the people of Northern Ireland. Most of them are not being addressed, yet people are in significant difficulty as a result.

I will start with Amendment 12. The RHI has proven to be one of the most significant developments in Northern Ireland in recent years. It was ostensibly the reason Sinn Féin collapsed the Executive in 2017. I have never believed that that was the only reason. Nevertheless, it is on paper as the reason. As we discovered when dealing with rates and the renewable heat incentive in March, many people are in great distress as a result.

After we had discussed things, the Minister promised that a unit would be established within the Department for the Economy to look at the individual circumstances of everybody who was at risk and at a loss as a result of the change in the premiums being paid for the use of the boilers. It appears to me that the department has taken an exceptionally narrow view of what that means and is confining itself to European Union rules stipulating that it could provide loans at commercial rates for up to six months and that would probably be as far as it could go. That is no use to the people.

In the debate earlier, before the dinner-break business, people referred to undertakings that the Government gave. In this particular case, the relevant Minister at the time appealed to the banks in writing for them to lend to people who were going to operate these boilers. The banks responded to the Minister, loaning money on the undertaking that the rights were being grandfathered and there was a 12% return. Some people got these boilers, calculated the income that they had received from them over the 20 years of the scheme, put that into business plans and perhaps went on to borrow money for other related projects, such as additional chicken houses and so on. They now find that the premiums they are in receipt of are a mere fraction of those they had put into their business plans and were promised by the Stormont Government at that time. They also find themselves in the bizarre situation that the Republic of Ireland is about to introduce a similar scheme for 15 years, while the scheme that exists here, which pre-dated the Northern Ireland version, will be continuing for its 20-year period. So the competitiveness for the person using one of those boilers in Northern Ireland compared with in the Republic or the rest of the United Kingdom is totally destroyed. I say to the Minister that this requires urgent action, and the action so far flagged up by the Department for the Economy is totally inadequate.

I come now to Amendment 13. We have all agreed that the welfare system was in urgent need of reform. It was unwieldy, far too complicated and, most important, it was not properly supporting people into work. Yet, instead of simplifying the overall benefits system, the reforms made it even more difficult, with new layers of complexity and added delay. In 2015, the local political parties in Northern Ireland agreed that a package of measures was required. This included support for people moving from DLA to PIP, or perhaps from DLA to nothing at all, as well as many other issues, such as additional support for the independent advice sector. One of the most important mitigations was in relation to the social sector size criteria. While we can all accept the principle behind families being allocated homes that most reflect their needs, the reality in Northern Ireland did not—and, shamefully, still does not—have the stock to reflect modern demand; in other words, there are insufficient homes for single people or small families.

If, as is so greatly feared, the current mitigations expire next March and nothing is there to replace them, many thousands of local families face the prospect of serious financial hardship. Let us take the bedroom tax alone: a massive 34,000 households would lose support valued at £22 million per annum. I repeat: this is not because people are refusing to downsize; it is because there are literally not the houses for people to downsize to. It is as simple as that. There have been talks between the parties of Northern Ireland in recent months on the issue of future mitigation. I am told that they have gone quite well so far, yet the Department for Communities in Belfast has repeatedly said that decisions on the provision of any future support from April next year can be a matter only for incoming Ministers. That is why I have tabled this amendment and put the realistic timeframe of December on it.

On Amendment 15, the Minister will be aware that we have a serious problem with suicide in Northern Ireland. It is at the highest level in the whole of the United Kingdom. Troubles-related issues may be part of it; indeed, I have no doubt that that is the case. But we are the only UK region without a current mental health strategy and our funding per capita for mental health services is far below the UK average. We have this very difficult situation, yet the Protect Life 2 strategy has been sitting on the shelf for over two years. We are talking about individual lives; primarily the victims are young men. I believe there is widespread support among the political parties in Belfast to see this strategy taken off the shelf. I think this was referred to last week by other colleagues here and that everybody is on the same hymn sheet. At the end of the day, however, the strategy is still sitting there, nothing is happening and, without it, the departments are not in a position to take decisions. The advice that the parties have been given by the Civil Service is correct: this requires a Minister to take a decision, and that is not happening.

Amendment 14 is about libel legislation in Northern Ireland. The noble Lord, Lord Black, has tabled a more specific amendment that will be dealt with later, so I shall not go into detail. Basically, we are on the same page, but I was looking to try to give some kind of kick-start to this. We have fallen far behind the rest of the country, and I support what the noble Lord will propose at a later stage.

On Amendment 16, I have described our situation with health time and time again. On Second Reading I referred to the latest report from the Nuffield Trust, backed up by Professor Deirdre Heenan of Ulster University, its co-author. The statistics are sobering. Upwards of 120,000 people out of a population of 1.8 million are waiting for more than a year for a consultant-led appointment. Every target is being missed: if the target is 95%, most of the percentages are in the low 60s. We are not close to other regions in the rest of the United Kingdom, and the capacity of the service to meet the demand from the public is simply not there.

We are flying in nurses from Great Britain. Their air fare is paid, their accommodation and meals are paid, and their hourly pay is grossly above that of the ordinary nurses on the wards. Although the agency nurses do a good job and we could not survive without them, this cannot be a sensible or economic way forward. When people are flying in and out, they are not in a position to open up a relationship with a patient or understand that patient. Moreover, different systems operate in different trusts. This is an inefficient and highly expensive way of providing a service.

In our earlier debates we talked about life. I did not get into the argument about abortion, although I have my own views on it—but we understand that the fundamental thing is a respect for life, and choices. Yet we know that the way in which the service is being delivered in part of our own country is at such a level that life is being affected. If a cancer patient waits weeks and months for an appointment, that directly affects their chances of survival. In diagnosis time is of the essence, as many noble Lords will know.

Our situation is out of control, and all the projections are that it is getting progressively worse. Every quarter the figures are worse than those for the quarter before. How many times do we have to learn that? The fact is that politics are being put before the welfare of hundreds of thousands of our citizens. None of us knows how often we shall have to depend on the health service. Not one of us in this Chamber knows how we shall be placed. Those figures represent mothers, fathers, sons and daughters; they are real people, and they are suffering because the service is not delivering.

[Lord Hain (Lab)]

I commend the noble Lord for consistently raising this subject, and for the passion with which he has done so. To support his case, does he agree that there is also a serious problem of lack of childcare, and the dreadful waiting times for children in the NHS in Northern Ireland?

[Lord Empey]

The noble Lord is correct. All our services are suffering, not through any lack of attention, or any attempt on anybody’s part not to provide a good service, but because people are overwhelmed. Decisions that were taken in the Treasury some years ago affecting the position of consultants’ pensions and other things are now impacting seriously on waiting lists because a lot of those consultants are absenting themselves. There is a perverse situation that the more work there is, the more they are making a liability for themselves. These are the sorts of things that are happening.

Leaving aside the politics of it—I do not want to see direct rule; I spent years of my life trying to see Stormont get going, accompanied by the noble Lord, Lord Kilclooney, and other Members who are in the House today, and we want to see it work—there is a humanitarian issue at the back of all this. People are hurting, and the longer the prevarication is allowed to persist, the greater the risk to individuals. The truth of the matter is that people will die on these waiting lists—we have to be honest about this—and collectively we are standing around watching this. I suspect that that is not a sustainable position for any of us to keep. It is in those circumstances that I beg to move.

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[Lord Empey]

I am grateful to the Minister for his undertakings. I am also grateful to noble Lords on all sides for their broad support for these measures. It was an omission on my part not to have included the point raised by noble Lord, Lord Hain: I should, on reflection, have included that, but I appreciate that the Minister has given us an undertaking. On the basis of what the Minister has promised, I know it will require a lot of work over the next number of weeks—that is the challenge—but at the end of the day I think it will be useful work. I agree with the noble Lord, Lord Bruce, that by proposing and preparing reports we will ensure that, in the event that the Assembly returns, it will have something to work with. Because, let us be honest, the Minister’s department does not, on its own, have the capacity to deal with all this: it will have to rely heavily on the Civil Service in Belfast, which does know and is dealing with this on a daily basis, to have input into the reports. That information could be very useful to an incoming Assembly and incoming Ministers in the relevant departments. So procedurally, if he is going to do this, I am happy to accept his assurance and beg leave to withdraw the amendment.

Amendment 12 withdrawn.

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[Lord Bew (CB)]

My Lords, I support with as much strength as I can the amendment and the noble Lord, Lord Hain, and his colleagues in speaking to it. He has argued the case with unparalleled eloquence and persistence. I add my thanks to the Minister for the care that he has constantly given to this matter.

I want to pick up on a point mentioned by the noble Lords, Lord Hain and Lord Cormack: the absence of nationalist representation in our Parliament. I completely accept that that has been given sharper relief by the absence of the SDLP from the other place. I am chair of the independent House of Lords Appointments Commission referred to by the noble Lord, Lord Hain, and I am well aware of the problem. He is aware of how complicated and difficult it is and of the pressures involved in sorting it out, but I wanted to reassure him that I am well aware of this complex and difficult problem. I say to the noble Lord, Lord Cormack, that I understand that it is thrown into sharper relief by the absence of the SDLP from the other place.

[Lord Empey]

My Lords, I congratulate the noble Lord, Lord Hain, on his persistence in this matter. I am also encouraged that the Minister said last week at Second Reading that there would be no risk of a person receiving a pension if an act was carried out by his or her own hand. The criminal injuries legislation, if applied to this, would ensure that that did not happen. However, there is perhaps a risk with people’s relatives. Whatever we do, let us be absolutely clear that the language of the legislation clearly reflects Parliament’s intention; otherwise, somebody will JR the thing and the whole process will become discredited. That is my major worry. With that qualification, I support the amendment moved by the noble Lord, Lord Hain.

[Baroness Smith of Basildon]

My Lords, I rise very briefly to endorse and thank my noble friend Lord Hain and his supporters for bringing this forward. As he mentioned, of all the posts I ever had in government, my role as a victims Minister in Northern Ireland was the one that stayed with me and affected me the most. The euphemistically named Troubles left a legacy of not just physical pain but mental pain and anguish that affects later generations and both sides of the community, as we have heard. A lot of people were caught up in things that they knew nothing about. I remember talking to one man about his experiences. Every year, a paper would print a photograph of a bus that had been wrecked in a bombing. His father had died on that bus, yet nobody thought of the pain it caused him to see that photograph printed on the anniversary year after year.

This is not just about the financial need people are in. It also gives recognition to those victims and survivors who will receive a pension and those who will not but who recognise how important it is that the suffering and trauma experienced by victims over many years has been recognised. This is also about health. Many have not undertaken the employment they could have done, which had a financial knock-on effect. This is long overdue. I am sure there is more that can be done over time for those who have survived, but I think this is a really important step. I am encouraged that we are all anticipating a very positive response from the Minister.

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[Lord Morrow]

My Lords, I intend to be brief on this because I will keep before me what has been said in the debate on the amendment of the noble Lord, Lord Hain. I recognise that much of what was said compares with what I hope to say.

The definition of a victim has been a matter of great angst in Northern Ireland since its inception. Consideration of government proposals in the past has been coloured by the dissatisfaction people feel over an unfair definition of a victim. This has been a running sore for some 13 years. We have met many individual victims and several groups representing victims’ organisations. The victim definition is repeatedly raised with us as their key issue.

We consider the 2006 definition of a victim and survivor to be unacceptable, unfair and downright insulting. In our view, there is a clear distinction in law between a terrorist perpetrator and their innocent victim. To equate the two is morally wrong and totally indefensible. We have previously tabled legislative proposals to change the definition of a victim, but to no avail at this stage. We believe the Government should bring forward plans now to change the definition of a victim so that there is a clear distinction between perpetrators and victims. In any civilised society, it cannot be right that victims and perpetrators are treated as equals. We believe that this could improve the existing climate and context regarding consideration of the past and legacy proposals.

The Secretary of State wrote in the foreword of the legacy consultation document:

“A Conservative Government will reject any attempts to rewrite the history of the past that seeks to justify or legitimise republican or loyalist terrorism or which seeks to displace responsibility from the people who perpetrated acts of terrorism”.


A perpetrator of an unlawful act cannot at the same time be a victim of the act they have perpetrated. Someone who pulled a trigger or planted a bomb should not be treated in the same manner as their innocent victims. This matter is fundamental to victims’ views. In our engagement with a number of victims’ organisations, we have been struck by extremely powerful testimony illustrating the depth and rawness of hurt and insult they feel at their loved ones being placed in the same category as terrorist perpetrators.

The DUP has a proud record on victims and legacy issues. In government, we quadrupled funding for victims. We have stood against a rewriting of our history and efforts to introduce an amnesty. Current arrangements for dealing with the past are utterly unacceptable. There is a clear imbalance, and continuation of the status quo will lead to further rewriting of the narrative of the Troubles. Innocent victims are not seeing progress on investigations into the murder of their loved ones. I beg to move.

[Lord Empey]

My Lords, I think the exchanges during the debate on the amendment of the noble Lord, Lord Hain, have the seeds of a solution within them. I would be supportive of that. He made the distinction between the provision of services and pensions for people who have been victims, so we understand that there is an issue there, but the whole question of legacy is still unresolved. There are still proposals out there, including the historical inquiries unit and other ideas that have been brought forward, which could threaten and help to rewrite the history, as has been referred to. But I believe from the exchange we had earlier that we are close to a form of words to find an acceptable solution to all of this that everybody can be comfortable with and move forward on. I certainly hope that that can be achieved.

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[Lord Lexden]

My Lords, I strongly support this amendment, which brings back to your Lordships’ House an issue of the first importance. Shortly after the passage of the Defamation Act 2013, I instigated a debate in Grand Committee about the overwhelming case for extending it to Ulster. I later brought forward probing amendments to a Northern Ireland Bill.

The Government at that time agreed that Northern Ireland ought to enjoy the benefits of the 2013 Act and deprecated the Province’s exclusion. It meant that, for the first time in our history, it would have a different libel law from England and Wales. Acute dissatisfaction was expressed across the House that the Northern Ireland Executive—which was then in being—failed to provide any explanation of their opposition to the incorporation of the 2013 Act in Northern Ireland. The Government pressed for an explanation but received none.

When I withdrew my probing amendment in 2014, I asked the Government what further action they would take if the Northern Ireland Executive failed to pursue this matter properly. Sadly, Ministers have been unable to give me any clear reply to that question since then. The issue seems to have slipped from the Northern Ireland Office’s sight. I am glad that it has again been given the prominence it deserves through this amendment.

[Lord Empey]

My Lords, the Minister kindly accepted the amendment I proposed on this matter earlier. I fully accept that we were not co-ordinating on it. I support the proposal by the noble Lord, Lord Black. He knows that and we have talked about this before—he has been to Belfast. He has explained exactly what is at stake, in a very coherent contribution. It is a mystery why this progress has been so slow, but that is where we are. I find myself in total agreement with his contribution.

[Viscount Younger of Leckie (Con)]

My Lords, I have very few remarks to make in response to my noble friend, but I thank him for his long speech. There is no doubt that defamation law in Northern Ireland does not reflect today’s digital age. To echo my noble friend’s words, reform is indeed needed. The issues at stake here hit the very heart of the relationship between citizens, media and the state. It is important to deliver protections in the field of freedom of expression.

My noble friend would like to see progress made to update the Northern Ireland law and I understand that position. There are certainly parts of the Defamation Act 2013 that could usefully be extended to Northern Ireland. However, this Act removed the presumption of trial by jury for libel actions. This may of course shorten and reduce the cost of libel actions.

It is of note that the 2017 Review of Civil and Family Justice in Northern Ireland by Lord Justice Gillen noted the extremely important function of the jury in defamation cases in the context of the Northern Ireland jurisdiction, in particular its role in finding whether the plaintiff has been defamed. As the Gillen review notes, juries in Northern Ireland have been traditionally considered the best fact-finder to judge what words or statements mean in the local context with its unique history, and whether they are considered defamatory in any case. These are matters that involve justice and freedoms, and on which the particular jurisdiction is important. The devolved nature of defamation law in Scotland is reflected in the fact that only a very limited number of provisions in the Defamation Act 2013 have been extended to Scotland, in particular around statements or reports which arise in the scientific or academic field.

Similarly, defamation law is a devolved matter for Northern Ireland; therefore, simply extending the Defamation Act 2013 to Northern Ireland is not appropriate. Further, I understand that, prior to the passage of the Defamation Act, the views of the Northern Ireland Executive were sought as to whether they wished to make a legislative consent Motion to provide for the Act to apply in Northern Ireland, but they declined to do so. Decisions to reform the law should be taken by a restored Northern Ireland Executive. This will allow the unique Northern Ireland context to be taken into account in any reforms. I regret that I am not able to help my noble friend but I respectfully request that he withdraw this amendment.

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[Lord Bruce of Bennachie]

I support the noble Baroness’s amendment. We have discussed this subject several times, and we all recognise that recommendations are in place. The Minister will tell us that things have been added to them, which has complicated the settlement. We are talking about abuse going back to 1922—nearly 100 years ago—and continuing until as late as 1995.

Let us be clear: these abuses have not been confined to Northern Ireland. In the Republic, in Scotland, in England and in the Channel Islands abuses have been unearthed, and Sir Anthony Hart produced a very comprehensive report. When we read about the scale of the abuse it leaves us feeling very angry that people who should have been responsible were perpetrating those acts of abuse. I happened to read a novel last year by Christina McKenna called The Misremembered Man. It is a total fiction, but it is based entirely on the kind of abuse that young children experienced in Northern Ireland and makes a lively dramatic impact, as perhaps a stark factual report does not.

I say to the Minister: people have waited an awfully long time. Many have died and many have suffered. There has been a recommendation, and there are clearly additional things. If he can say something about the timescale on which he feels we can get to a point when action can be taken, the Committee will be very appreciative.

[Lord Empey]

My Lords, this issue has been raised many times. The noble Baroness, Lady Smith, may have deprived the House of 12 minutes of her prepared speech, but the parties in Belfast could still surprise us. It has perhaps been a depressing day listening to these debates, but there is always hope. I hope that they will surprise us and start to deal with this matter themselves. However, I have to say to the Minister that this is a bit like the carrot in front of the donkey: the closer we seem to get the more it keeps moving away, and it never gets to the point when something actually happens. I accept that the fact that there is money involved has its own implications, but I hope the noble Lord will be able to tell us that this will happen, and happen on a realistic timescale. Sadly, Sir Anthony did not live to see this, but it would be a tribute to him if it could be introduced as soon as possible.

[Lord Duncan of Springbank]

My Lords, I think we can make some progress this evening. I thank the noble Baroness for tabling her amendment. There is urgency. The last time the matter was discussed I said that the Government stood ready to move this through Westminster with a degree of urgency. The issue now, of course, is that Sir Anthony Hart’s recommendations have been considered by the parties, which have reached a consensus—but it differs from the original proposals in the Hart recommendations, so there needs to be some redrafting. We anticipate the redraft coming towards the Government in the next couple of weeks.

The route that the noble Baroness has chosen is one that might introduce a delay, and I do not think we need to do that. If she is willing, I will commit, in the absence of a sitting Assembly, to the Government introducing primary legislation on historical institutional abuse before the end of the year—which I believe would satisfy her requirements. On that basis, I ask her to withdraw her amendment.

Northern Ireland (Executive Formation) Bill

Lord Empey Excerpts

2nd reading (Hansard): House of Lords
Wednesday 10th July 2019 Lords Chamber

[Lord Empey (UUP)]

My Lords, last month I asked an Oral Question which focused on the implementation of the recommendations in Sir Anthony Hart’s report. I join colleagues in conveying my condolences. In that exchange, I quoted the number of victims who had perished since his report was issued and who had not received justice—and now Sir Anthony himself has been added to that list. I see that in the House of Commons reference was made to this and reports required to do something about it. I have to say to the Government that leaving this any longer is entirely unjustifiable, on a humanitarian basis apart from anything else.

As the noble Lord, Lord Morrow, pointed out, this legislation is not what we were expecting. Indeed, at this stage, it is not entirely clear what we will be dealing with in Committee, because the Government have decisions to make. It is normally the case that in this House we do not divide at Second Reading, and I fully accept that, but the piece of legislation we are debating could be very different when we come back to it next week, so we will have to keep an open mind. However, I doubt that there are many people here who are hugely surprised that we are having this debate all over again. Officials at the Northern Ireland Office, the Minister’s department, remind me a bit of the Bourbons; they have learned nothing and forgotten nothing. Some of us have harped on for years about the way they conduct negotiations—or, until recently, do not conduct negotiations.

They started reasonably well last month; they had a structure, they had meetings, including regular leaders’ meetings and an agenda-setting meeting, and they established groups. That was all going quite well. But towards the end of the month, they reverted to the old practice of abandoning those meetings and leaving it up to two parties to do all the business, with the Government ringing around the rest of us to see if we knew what was happening. That is the wrong approach. The noble Lord, Lord Morrow, knows that perfectly well, because he, along with the rest of us, was part of it. You need a structure and you need people to show their political positions in front of everybody else, otherwise you will never get the openness and transparency necessary to deliver a deal. We have been there and done that, yet we make the same mistake again and again.

We now have a most peculiar situation: the law of unintended consequences. If the decision of the other place is implemented into the legislation, Sinn Féin, by accepting a deal over the Northern Ireland Executive, will at the same time eliminate the opportunity for legislation on same-sex marriage. That is the perverse position that we are in, and most people will find that hard to get their head around. Some Members are looking at me sceptically. Rightly or wrongly, Sinn Féin has campaigned with this as one of its red lines—calling it equality, as if Sinn Féin would know anything about equality and human rights. The irony is that if Sinn Féin goes into the Executive before 21 October, and the DUP retains its current position, it will not have it—it will have prevented it. This is the codology we have created as a result of ill thought through processes.

The noble Lord, Lord Morrow, also said that it came as a huge shock to him that a simple administrative Bill had been changed in the other place. I do not know where he has been, but they tried to do that the last time it was there, and it was obvious that it would happen again. We know what people have said in the other place and what their views are. They are entitled to hold them, there is no secret about it and it was inevitable that that would happen.

The strange thing is that I do not accept that the renewable heat incentive scheme—which ostensibly brought down the Executive—was Sinn Féin’s main reason for bringing it down. But I have to point out to the noble Lord, and to others, that it was the utter hopelessness and incompetence of that Administration that led to the position—and, sadly, if the then First Minister had stepped aside, as her predecessor had done, for a few weeks, and handled it much better, we would not be having this debate today. Unfortunately, we are dealing with the here and now, not what we would like.

The talks that have been taking place are not dealing with all the show-stopping issues. Legacy—dealing with the past—is not even on the table. We are not allowed even to mention it. It is not being addressed in these talks. That creates huge issues. The Northern Ireland Executive will have to create and introduce the superstructure of bodies to hound people for the next decade, called the Historical Investigations Unit. But those things are not even being discussed. For some reason they are being sidelined. Neither is what supposedly brought down the Executive: the RHI. That is not mentioned. Some hope that they can get it put together before the report comes out. I do not know. But how we prepare for that is not being discussed. These hugely divisive issues—the issue that brought down the Executive, and legacy issues—are not even on the table.

So I say to the Secretary of State: I do not know how you blinker yourself. The lesson we learned is that it should be open, everything should be on the table, people know where they stand, there is a structure and you go through the issues. If we had our time again, we probably could have done more loose-end tidying up on a whole range of issues that we did not have the time or capacity for. But we are leaving out of this process huge issues that have the potential to bring Bills such as this back to the House again and again.

Whatever one hears, there is a school of thought among some people that perhaps some parties might be happy that Westminster does the dirty work and gets it all out of the way—“We will have a sham fight, and we will do this and we will do that”. I do not know whether that is true or not, but we will soon find out. My point is that we are missing a whole range of things.

I agree with the noble Lord, Lord Morrow. I have no doubt that abortion and same-sex marriage are huge issues that need careful consideration. However, a news report came out today which noble Lords might find disconcerting. I have raised on a number of occasions the issue of health in Northern Ireland. I have issued the statistics about the waiting lists, which are the worst in the country. The report says:

“The shocking extent of Northern Ireland’s waiting list crisis has been laid bare in a report that warns patients are 3,000 times more likely to wait over a year for treatment than their counterparts in England. One in 16 people here is on waiting lists for 12 months or more, compared to one in 48,524 in England. The stark figure, which has been branded a scandal, is detailed in a study published today by the Nuffield Trust, an independent health think tank”.


That is not an organisation that one dismisses. The news report continues:

“Co-authored by Ulster University’s Professor Deirdre Heenan, the report”,


points out the ongoing crisis at Stormont and,

“Professor Heenan said 120,000 people … are currently waiting for more than a year for treatment”.

How bad does it have to get before we do something about it? I have raised this issue before, and I have to say to the Minister that I certainly will table an amendment that deals with how we handle it. This is a matter of life and death, day after day. You cannot have statistics such as that without there being a consequence. Given our small population, these percentages are absolutely outrageous. I have drawn the issue to the attention of the House before, but it seems to have fallen on deaf ears.

The Minister’s department has got itself into a rut for years. It cannot think beyond keeping Sinn Féin and other people happy: “We mustn’t upset the Irish; we mustn’t upset Sinn Féin; we mustn’t upset the DUP”—or whoever it happens to be. Folks, you have to get out of that way of thinking. You will never sort this out if you are at their mercy. Everyone has to be treated equally by the Government, and parties need to be aware that they are not in the position to strangle Parliament and the Government, preventing them moving Northern Ireland forward in a particular direction just because it does not suit them. We have got ourselves into that mentality and it needs changing. I point out these statistics because I feel that they are so important.

There are other reports coming on pensions. The noble Lord, Lord Hain, who is not in his place, has been pushing this issue in the House and I strongly support him. I have some more work to do on this, but there remains an issue. As I understand the proposals, some terrorists could qualify for these pensions under the current arrangements. That depends on the definition. Of course, in criminal injuries legislation, we exclude from compensation people who were responsible for damage, but I am not convinced that that is the case here, so we have some work to do on that. If I am wrong, the Minister can correct me.

The noble Lord, Lord Dubs, who is an experienced former Northern Ireland Minister, mentioned interim measures, as did the noble Lords, Lord Cormack, Lord Trimble, Lord Alderdice, and others. At this stage, I do not think that the Republican movement has any intention of participating in that sort of process. They are wrong, but it also depends on whether there is determination on the part of our own Government to do something about it and to put it to people. Threatening the Government before they do something is one thing, but when you are confronted with something—those matters should be explored. I do not know whether the model that the noble Lord and others put forward is the right one. I want to see the whole show on the road, not bits of it, but we cannot go on as we are. As the noble Lord pointed out, this is one part of our country which has no accountability. By the time the measures in the Bill end, we could be entering our fourth year with no accountability and no democratic oversight. That is unacceptable to this House and a stain on our national position.

Clearly, there is a lot more to see, and we will see what emerges over the next few days and how the Government intend to respond to some of these issues. But if other people are raising social issues, pensions and so on, health and the life-and-death decisions being taken—or not being taken—is an entirely appropriate issue that is just as legitimate to put before this House as any other. It is my intention to do so next week.

--- Later in debate ---

[Lord Empey]

I apologise for interrupting the Minister, but the Public Bill Office told me this afternoon that a Marshalled List will be produced tomorrow. Many of us will leave tomorrow afternoon, so we will have only tomorrow morning to draft amendments, and we will not know how these current arrangements in the clauses will be handled by the Government. There is the opportunity for a separate list of amendments to be produced on Friday, but there is a remarkably short time in which we can do this.

[Lord Duncan of Springbank]

I certainly do not wish to curtail the ability of the Members in this regard, but noble Lords can lodge amendments just now. The Government have to actively engage to try to establish how they can move these matters forward. As I said at the outset, the challenge we face is that the amendments which have arrived with us have certain technical deficiencies.

Northern Ireland: Historical Institutional Abuse Inquiry

Lord Empey Excerpts

Thursday 13th June 2019 Lords Chamber

Asked by

[Lord Empey]

To ask Her Majesty’s Government what assessment they have made of the request from the head of the Northern Ireland Civil Service to introduce measures to compensate the victims of Historical Institutional Abuse, as recommended by the Report of the Historical Institutional Abuse Inquiry in January 2017.

[The Parliamentary Under-Secretary of State, Northern Ireland Office and Scotland Office (Lord Duncan of Springbank) (Con)]

The head of the Northern Ireland Civil Service wrote to the Secretary of State on 2 May, providing her with the historical institutional abuse consultation report, draft legislation and a document that set out the key issues that require ministerial decision. The Secretary of State asked the Northern Ireland political parties to consider these important policy questions and to seek a consensus. She has now received their recommendations and will consider them as a matter of urgency. She is determined to do everything in her power to ensure the victims and survivors get the redress they deserve as quickly as possible.

[Lord Empey (UUP)]

The Minister will be aware that, in addition to the head of the Northern Ireland Civil Service, as he said, all parties at Stormont have asked his right honourable friend to legislate to implement the Hart report, which came out in January 2017. Since this Parliament is effectively lying idle for the next six weeks, could I implore my noble friend to prevail on the Secretary of State to immediately introduce this legislation on humanitarian grounds? Why should these victims suffer all over again because of unnecessary delay? Thirty-one victims have died since the report was published in January 2017. Why should any more go to their graves without receiving justice?

[Lord Duncan of Springbank]

The noble Lord makes an important point. This is about victims and redress. The issue we face is that the original draft diverges significantly from the consensus reached by the political parties. This will therefore take time to redraft. That is what is being taken forward right now in Northern Ireland by the authorities. Once that is done, it will return to us and we will take it through both Houses as expeditiously as possible.