Northern Ireland (Executive Formation) Bill

Debate between Lord Empey and Lord Alderdice

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

[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 ---

[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—

Northern Ireland (Regional Rates and Energy) (No. 2) Bill

Debate between Lord Empey and Lord Alderdice

2nd reading (Hansard): House of Lords
Tuesday 12th March 2019 Lords Chamber

[Lord Alderdice]

The noble Lord must have brought them with him himself, because certainly nobody over here would even have known what they were, never mind be displaying them. The truth is that the interests of the people on this side of the water have moved on for a whole series of reasons, and we have to take this extremely seriously, because when people are frustrated, disadvantaged and do not have the opportunity of making a difference—and many people over here feel they have no chance of making a difference to the difficulties in Northern Ireland—then they move on in their minds and in their feelings. This is a very real danger in Northern Ireland.

We have no devolution and we understand the reasons for that. It would be perfectly possible, however—as the noble Lords, Lord Trimble and Lord Empey, and I have pointed out repeatedly in this place—for the Government to permit the Assembly to sit and debate these issues, and that would inform the conversations that we have on this side of the water in two ways. First, it would mean that there was some holding to public account, if not to legal account, of the Northern Ireland Civil Service. When I was growing up, I had a relatively implicit trust in both the competence and the integrity of the Northern Ireland Civil Service. That has been shattered and blown apart repeatedly over the last number of years, as a combination of incompetence and a lack of integrity has been demonstrated over and over again. If there were Northern Ireland politicians from right across the parties demonstrating in debate their concern for these issues, that would hold Northern Ireland civil servants to account in a way that has not been the case for a long time.

Secondly, if Northern Ireland representatives in Belfast were having to hold the discussion and the arguments in public, even if they were not able to make decisions, people from Northern Ireland would start holding them to account for the fact that many of these adverse decisions were made by those very representatives. When they are not meeting and there is no debate, it is far too easy to pass it across the water to somebody else. I do not, for the life of me, see why the Government are not prepared to allow that degree of accountability, even though it does not have legal force. It would also say to many people in Northern Ireland that those who are being paid to be Members of the Legislative Assembly should be doing not just constituency business in their offices but constituents’ business on the Hill.

[Lord Empey]

Is the noble Lord aware that there was no greater opportunity than to use the MLAs in the run-up to this budget? Instead, there were two or three very brief and perfunctory meetings, of little import, between the civil servants and representatives of the parties. Surely it would have been a golden opportunity to let them go through the process, even if it were for guidance, if for no other reason.

[Lord Alderdice]

The noble Lord knows that I agree entirely with him. I simply cannot see that there is any sound reason at all for the Government to hold back on this. My noble friend Lord Bruce of Bennachie has insisted, quite rightly, that there is now deep concern that large amounts of money are being allocated and spent in Northern Ireland without proper accountability and with increasing concerns that they are not being properly dealt with, spent and accounted for. It is not possible for us in this place, in the absence of direct rule, to hold to account, and even if we had direct rule, it would not be a satisfactory holding to account. Why? It is because neither in this place nor in the other place is there a representation of the nationalist community.

Now, one might well say that some of that is the nationalist community’s own choice; that is not the point. The point is that there is not satisfactory representation and therefore the degree of accountability is not one that is going to be acceptable to large proportions of the population. Many of the arguments will not be satisfactorily adverted and adduced. I do not want to see direct rule, but I also do not want to see a continued drift and I have to say that, not just on this issue but on the issue that has just been debated and voted down at the other end of this building, the Government have shown an absolutely clear habit of kicking the can down the road and not making the decisions, even when it is manifestly clear that it is long past the time when the decisions should be made.

So we come to these Bills. Why do they go through some kind of emergency procedure? Was it some great shock or surprise that these Bills were going to have to be brought forward? Of course it was not, but it looks like every piece of Northern Ireland legislation is now going through an emergency process, even when it is known six months in advance that the matter must be dealt with in this place. This is not an acceptable way of going about things. Why do we have democratic processes? We have them because it is the way that we find to disagree with each other, as much as to agree, but to do so democratically and without violence. If people are left with no way of affecting process inside the democratic process then they will be encouraged to look beyond it, and that is not something that we should preside over.

It is not enough for Governments to suggest that strand 1 of the Good Friday agreement is the key strand and is not being implemented because of political disagreements in Northern Ireland. Strand 3 of the Good Friday agreement, the British-Irish Inter- governmental Conference, did not meet at a top level for 10 years and neither of the Governments asked the other, or insisted on having it. So when people talk about the Good Friday agreement not being implemented, it is not being implemented by the two Governments who are still in operation, in some fashion or other, and that has led to a deterioration in their relationship and in the whole process that we were supposed to be trying to make work. I say it not to the noble Lord, because I suspect he has some sympathy, coming as he does from north of the border himself, but it is really important to be clear to the Government: they are not governing in a satisfactory way, neither in this place, nor in terms of insisting on devolution, nor in the relationship between the British and Irish Governments.

I ask the Minister one specific thing in respect of RHI: I ask not that we have a debate next week and put material through, but will we have a serious debate in this place when the report of the RHI inquiry comes out, when we will have a serious piece of business to address which will make public, in this place and elsewise, the kind of exceptional inefficiency and perhaps even corruption that has gone on in Northern Ireland? Will he undertake that we will have that debate and that we will not be told that it is a devolved matter and not something that we should be debating in this place?

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Debate between Lord Empey and Lord Alderdice

Committee: 1st sitting (Hansard): House of Lords
Tuesday 30th October 2018 Lords Chamber

[Lord Alderdice (LD)]

My Lords, I have listened carefully to what colleagues from Northern Ireland said. I am no particularly strong supporter of the Government but it seems that, in a way, this debate demonstrates a kind of learned helplessness, not just of politicians in Northern Ireland but of the Civil Service. If there is a problem, it is someone else’s responsibility—such as the Government’s—to sort it out. The Bill is clearly handing power back to civil servants in Northern Ireland and saying, “You’re covered for making any kind of reasonable decision; that’s not a legal problem now. And by the way, if the politicians in Northern Ireland would get their act together and go back, that would rather help things as well”.

What I am hearing is people trying to pass it back and say, “Come and sort the whole thing out but, by the way, we know that that will disrupt all kinds of agreements we have reached—the Good Friday agreement and so on”. I say to colleagues, in fairness, what the Government are trying to do is to give people the legal cover to do what is necessary. That includes senior civil servants in Northern Ireland, who have not covered themselves in glory over the RHI scheme or anything else. This is a chance for them to take responsibility and actually do the governing work that they need to do, and that we all need them to do. To that extent, I hope we can move on with some acceptance of what the Government are trying to do, albeit that it is not as satisfactory as we would all like it to be.

[Lord Empey]

My Lords, I know the noble Lord, Lord Hay, mentioned education—we could all mention that—but there is a qualitative difference between something affecting life and something affecting bad administration. I need to read Hansard—I am not particularly clear on what the Minister means by his decisions—but I will read it. I assure him that if things continue to deteriorate in that area as they have been, I will certainly be holding his feet to the fire. There will be other opportunities; I am not going to let this drop. Having said that, I beg leave to withdraw the amendment.

European Union (Withdrawal) Bill

Debate between Lord Empey and Lord Alderdice

Monday 18th June 2018 Lords Chamber

[Lord Alderdice (LD)]

My Lords, in Committee I added my name to an amendment with the noble Lord, Lord Patten, and the noble Baronesses, Lady O’Neill and Lady Smith, and was strongly supportive of an amendment that entrenched in the Bill the Good Friday agreement and the north/south co-operation that emanated from it. I did not feel able to give the same support to the amendment which came on Report. I pointed out at that time that there was a border but it was important that it was not obtrusive. However, there were circumstances that were easily foreseen in which, for example, some degree of security infrastructure was necessary, but only in the event that there was a real security requirement for it. My concern was that the wording of the amendment that was passed on Report was too loose and did not address those kinds of problems.

I pay tribute to the Minister and his colleagues. I agree with the noble Lord, Lord Cormack, that the intervention of the House of Lords has been very helpful. It is also the case that the co-operation between the House of Lords and the House of Commons was to try to ensure that what came back to us improved on our improvement, and I think that that is the case.

Sometimes one can have the impression that those who support the Belfast agreement think that there is now no border in Ireland. This is not the case. The Good Friday agreement is absolutely clear. We have addressed the relationships within Northern Ireland, between north and south, and between Britain and Ireland. But the border is still there and anybody who lives close to it knows exactly where the border is and which Government they pay—or in some cases do not pay—their taxes to. Police and others know exactly where the border is because there is no right of hot pursuit. It is important that the border is not obtrusive and obstructive to the free movement of people. The tremendous achievement of the Good Friday agreement and the Irish peace process is that no political party in Ireland, north or south, is asking for a hard border or to in any way obstruct the free movement of people, goods and services. That is a tremendous achievement and we must build on it.

The Commons amendments that have come back to us represent an increased nuance, yet one that is legally tight and does not obstruct us in appropriate checks and balances. I am happy to support them in that light. No doubt there will be other issues in future and we will come back to them. But I pay tribute to the Minister. He has taken things forward from the amendment that went from this House and I appreciate that. I support the Commons amendments.

[Lord Empey (UUP)]

My Lords, I was not keen on the amendment originally proposed by the noble Lord, Lord Patten of Barnes, and I still think there are issues with the proposal before us.

Reference has been made to the joint report issued in December last year. The problem is that that was completely contradictory. It contained almost mutually exclusive objectives. I feel that putting that into the Bill has its problems. The truth of the matter is that the border as we refer to it on the land is only part of the border. The rest of the border is in the sea. Of course, the vast majority of trade goes across the sea from Irish ports to Welsh ports. That is where the bulk of trade takes place. One statement is that we have regulatory alignment, and the other is that that will not obstruct access to the UK-wide market. That can happen in only two circumstances: either we all remain in “a” or “the” customs union, or Northern Ireland businesses have to have two entirely separate regulatory environments in which to function—one for the UK-wide market and another for the EU-wide market. Anybody who thinks that will be progress is wrong.

With regard to the difference between hard and soft, the terms are unfortunate. The only conceivable way any hard border could arise is if the European Union were to try to force the Irish Government, if disagreement were arrived at, to put in a border to protect the single market. There are no circumstances in which any UK Government will put up infrastructure. I cannot see any circumstances in which an Irish Government could put any physical infrastructure. It is almost totally inconceivable. Unless Mr Barnier is going to bring his breezeblocks and cement with him and build it himself, I do not know who will do it, because we will not and I do not think our colleagues in Dublin will. The noble Lord, Lord Alderdice, may hold their coats, but politically and emotionally it is an impossibility. What we should be doing—perhaps the Minister can update us on where we are with this—is sitting down with our Irish colleagues and Mr Barnier and working out the detail. Only we who live in Ireland can erect it and only we have to live with it, so we have a vested interest.

It is such a shame—I have had this conversation with the noble Lord, Lord Cormack—that Stormont is not functioning because that would open up so many more opportunities for us. We could devolve some issues to Stormont and, with the north-south bodies and the regulatory arrangements we agreed there, there could be a flexible approach that would avoid so many of the difficulties that the Government are now facing. I have to say to the Minister that we have arrived at a position of paralysis and stasis where nothing is happening politically, and that is a mistake. History tells us, and colleagues who have experience of Northern Ireland know, that vacuums get filled with all the wrong people. We are allowing this vacuum to develop and take root, and the longer we leave it the harder it will be to get people around the table to get this fixed. We are moving into local government elections next year. We do not even know where we are in this place with regard to what might happen. It is not the Minister’s responsibility to answer today on this, but if Stormont was working, we could do so much more on these issues to get a resolution that would be satisfactory to the British Government, ourselves and our Irish colleagues.

I attended the British-Irish Parliamentary Assembly the week before last. The noble Lord, Lord Murphy, was there. We talk regularly to colleagues there. There is huge anxiety. We understand that, and why there is anxiety. People have to understand the emotion behind this. This is often misunderstood. I have brought it to the attention of this House that relatively modest amounts of trade go between Northern Ireland and the Republic. It is only about 1.6% of Irish exports and 1.6% of Irish imports, but there is the emotion that goes with that. The main trade goes from Dublin to Holyhead, or from Rosslare to Fishguard and so on. However, that is not the issue for a lot of people. The issue for a lot of people is what that represents. As the noble Lord, Lord Alderdice, rightly points out, it is not that there is no border. Of course there is a border; we are two jurisdictions. We have eliminated the physical manifestation of division, if I may put it that way, and these emotional things are what is driving a lot of our Irish colleagues. It is not always pounds, shillings and pence. There is an emotional issue which we have to take into account.

My only anxiety about where we are with this is the December statement, which I believe has fundamental contradictions that we have not solved. If the Minister, his colleagues and his right honourable friend in the other place could put more pith into their attempts to get Stormont going again, that would add enormous flexibility to what we could achieve in the next few months.