Identity and Language (Northern Ireland) Bill [HL]

Debate between Lord Empey and Lord Caine

Committee stage
Wednesday 22nd June 2022 Grand Committee

[Lord Dodds of Duncairn (DUP)]

The noble Lord makes a very good point, which is often overlooked when we talk about these issues—certainly, in this place because there is a lot of concentration, necessarily and inevitably, on the functions of Northern Ireland departments, the Assembly and the Executive. There has undoubtedly been a very aggressive campaign on this, lavishly funded by certain councils, particularly those west of the Bann. Taking that into account, as the noble Lord has pointed out, makes my point about the necessity of catching up all the more relevant, pertinent and urgent.

The Ulster Scots community is representative of the lion’s share of the unionist community in Northern Ireland, disadvantaged by years of underinvestment in its identity. We must ensure that it is not short-changed. Broadcasting is one example where we could see a very immediate change, I hope, if funding is made available. We need to see financial equality between the two broadcast funds and the footprint of the Ulster-Scots Broadcast Fund extended to include greater coproduction with Scotland and a presence on the UK-wide network in recognition of Ulster Scots as a national minority of the United Kingdom.

We also need to see dedicated and sustained resources to support Ulster-Scots projects on the east-west axis, in line with Amendment 30 in this group, between communities and schools—cultural and educational institutions—to engage the Ulster Scots community and diaspora throughout the United Kingdom. Recognition of the Ulster Scots nature of the commissioner’s brief, in line with Amendment 30 and more specifically through Amendment 43A, will facilitate this. I look forward to hearing what the Minister will say. I hope he will take these amendments on board, take them away and reflect on how, if implemented, they would go some way to restoring equality and parity of esteem in this area.

[Lord Caine (Con)]

My Lords, again, I am very grateful to all noble Lords who spoke to this group of amendments. I start by saying that the Government are committed to supporting the culture and heritage of the Ulster Scots and the Ulster British tradition in Northern Ireland. This includes £1 million in funding for Northern Ireland Screen’s Ulster-Scots Broadcast Fund, which was delivered last year, and the formal recognition this year of Ulster Scots as a national minority under the Council of Europe’s Framework Convention for the Protection of National Minorities. The Bill does not in any way take away from the recognised status of Ulster Scots in a number of international instruments. Indeed, its provisions protect that status and actually broaden it.

As I have said on a number of occasions, the Bill seeks faithfully to deliver on the legislative commitments in what the then leader of the Democratic Unionist Party, Dame Arlene Foster, described in January 2020 as a “fair and balanced” package. It was very clear in that package that the remit of the commissioner in respect of the Ulster Scots and Ulster British tradition would be matters of “language, arts and literature” and not culture and heritage. In the Bill we are sticking faithfully to what was in New Decade, New Approach.

Perhaps I might give some reassurance. In the new cultural framework provided for by the Bill, the office of identity and cultural expression will have an important grant-making power and will be able to commission research, support educational programmes and provide guidance reflecting Northern Ireland’s diversity of national and cultural identities. That would seem naturally to include the Ulster Scots/Ulster British tradition, given its prominence, and I hope that provides some small degree of reassurance on that point.

I also highlight that the Irish language commissioner’s role is limited to language, reflecting the particular needs of Irish speakers. If we were to widen the provision for one commissioner to include cultural matters, it is perfectly possible, given the nature of Northern Ireland, that demands could then follow from those expecting the same of both. So we need to be slightly careful on these matters.

[Lord Empey (UUP)]

I am most grateful to the Minister. I am not constrained by anything Dame Arlene might have said at the time about “fair and balanced”. The Minister knows my views on this. We have to be careful. I am attracted to the use of the word “heritage”. That is because the—let us say—profile of the respective identities is different. The Irish have coalesced around language to an extent to which the Ulster Scots and Ulster British have not. When you are looking at equality of treatment—I see the point the Minister is making; and I said earlier that we should not be constrained in our deliberations because this is being debated here and not at Stormont, as we would all prefer—there is a difference between the profiles. Heritage matters greatly and is expressed in different ways. I fear that we are boxing people in with the definitions in the legislation.

[Lord Caine (Con)]

I am grateful to my noble friend. On this, as on many issues, I have a huge amount of respect for what he says. But in this particular area, and on the point he makes, all we are doing in this legislation is reflecting the language and the remit set out in New Decade, New Approach. I completely appreciate that my noble friend and his party were not signatories to or supporters of that agreement. Nevertheless, there was an agreement in January 2020 which formed the basis of the restoration of devolved government and that is what we are seeking faithfully to implement here.

Amendments 7 and 22 are important. Taken together, they seek to differentiate between the Ulster Scots and the Ulster British tradition by pluralising them and making them “traditions”. I note the sensitivity of this matter and, indeed, of the title of the associated commissioner in this context, and I am grateful to the noble Lord, Lord Morrow, for the way in which he spoke about these matters.

Let me say this: although I am not in a position to commit fully to anything today, I genuinely have a great deal of sympathy with the noble Lord’s amendments and the intention behind them. If he will allow it, I will therefore endeavour to explore them further ahead of Report.

Amendment 43A—a late addition to the Marshalled List on which the noble Lord, Lord Dodds, spoke—seeks to place the Secretary of State under a duty to

“establish and maintain a fund to … connect Ulster Scots in Northern Ireland with Ulster Scots in the rest of the United Kingdom.”

On this, again, I say that the Government are committed to supporting the Ulster Scots and Ulster British tradition —or traditions, if you like—which forms an integral part of Northern Ireland’s rich tapestry. However, the creation of such a fund as provided for by this amendment would go way beyond what was set out in New Decade, New Approach. We therefore cannot accept this amendment.

The noble Lord, Lord Dodds, asked me a number of detailed questions regarding funding, the answers to which I do not have readily to hand. However, I think he referred to Irish language centres; from memory, that was a commitment under the Hillsborough Castle agreement back in 2010, although I would have to double-check that. Anyhow, if the noble Lord will allow me, I will write to him in detail well in advance of Report so that, if he wishes to explore these matters further, he will be able to do so.

--- Later in debate ---

[Lord Caine (Con)]

My Lords, I again thank noble Lords across the Committee for the amendments that have been tabled and for their contributions. If I may, I will try to speak to all of them in this group.

Turning first to Amendment 41 in the names of the noble Baronesses, Lady Ritchie of Downpatrick and Lady Goudie, to which the noble Lord, Lord Murphy, referred, it would introduce a threshold to the step-in powers conferred on the Secretary of State if the First Minister and Deputy First Minister do not appoint an Irish language commissioner or approve best practice standards, either once the legislation comes into force or when a vacancy arises.

I again understand the noble Baronesses’ intention in wanting to ensure that the provisions of this long-awaited Bill are not stymied by inaction on the part of the Executive, and their desire for the Secretary of State to move quickly if such inaction were to present itself. This is an issue that was raised with the Irish language group Conradh Na Gaeilge when I met it in Belfast three or four weeks ago.

My starting point is, of course, that the Government would not wish to intervene routinely in transferred matters and the use of any powers in the Bill would require careful consideration. Judging by the comments that have been made, I am sure that noble Lords share my belief that deviating from that principle would be undesirable. However, the Government believe that it is important to have these powers as a contingency to avoid inaction. They have been carefully drafted to allow the Secretary of State to use his discretion and to consider the circumstances at the time.

I think the noble Lord, Lord Murphy, wanted me to elaborate a little on that. Some of the considerations that the Secretary of State might want to take into account in exercising these powers and having regard to the circumstances at the time might include: whether the matter of identity and language was causing political instability in Northern Ireland; whether the institutions were functioning; whether the First and Deputy First Ministers were acting in good faith in implementing the legislation; and, indeed, whether these issues were surmountable without such an intervention. They would be the kinds of considerations that he would take account of.

The stipulated timeframe of 30 days in the amendment seems impractical, particularly in respect of public appointments that take time and need to be conducted with rigour. Such a timeframe would almost certainly preclude the correct process from taking place and the proper and thorough consideration of best practice standards by the First and Deputy First Ministers.

Finally, my understanding is that the amendment would apply solely with reference to the Irish language commissioner and not the commissioner to enhance and develop the language, arts and literature associated with the Ulster Scots and Ulster British tradition; nor would it apply to the appointment of the director and members of the office of identity and cultural expression. Therefore, the Government will not be able to accept such an amendment.

Amendment 42 seeks to give the Secretary of State a further area where step-in powers could be exercised; namely, in relation to strategies relating to the Irish language and Ulster Scots, as set out in Section 28D of the Northern Ireland Act 1998. This is a separate undertaking from the legislative commitments on identity and language that were set out in New Decade, New Approach and, for that reason, we have decided not to include such a provision here.

Amendment 40, moved by the noble Lord, Lord Murphy of Torfaen, would require the Secretary of State to make a statement to Parliament when the direction powers under Clause 6 are used. I hear the comments of my noble friend Lord Empey, the noble Baroness, Lady Suttie, and others, who gave some support to the comments by the noble Lord, Lord Murphy. If I may put it like this, I understand the desire for more scrutiny and transparency to be introduced if the Secretary of State were to be in the unfortunate position of having to use these powers. The powers, as I have said, have been carefully drafted, but I assure noble Lords that I will go away and look further into this issue following our discussions today.

[Lord Empey (UUP)]

I am most grateful to the Minister for his last comment, but this is a fundamental issue around the devolution settlement. If we are making big distinctions over the areas of transferred powers in which a Secretary of State has the potential to intervene, it is an encouragement for people in the relevant devolved Administration because it is a disincentive to agree.

We also have to bear in mind the implications of this for the other devolved institutions. I wonder how we would sell this to the Scottish Parliament, or the Welsh Senedd for that matter. If we take one issue and put it on a pedestal, the potential is there for that boundary—that envelope—to be pushed further forward. I can assure the noble Lord of that, though I am sure he is well aware of it.

[Lord Caine (Con)]

I am grateful to my noble friend; I will touch on what he said shortly, I think. I give my assurance to the noble Lords who have spoken on this amendment that I will go away and look at this further before Report.

I am also grateful to the noble Baroness, Lady Hoey, for her amendments, which were spoken to by my noble friend Lord Moylan, and to the members of the Democratic Unionist Party who are in the Committee today for their amendments, which all focus on the powers conferred on the Secretary of State arising from the provisions in Clauses 6 and 7. I will turn to those clauses now, if I may.

I completely understand the noble Lord’s intent that these powers should be exercised only in exceptional circumstances, if at all. I repeat my earlier assurances: the Government would not wish routinely to intervene in transferred matters and the use of any powers in the Bill would require very careful consideration indeed. I have set out some of the factors that the Secretary of State might have to take into account in deciding whether to use the powers in these clauses because we agree that deviating from the overall principles—protecting the devolution settlement and not routinely intervening in transferred matters—would be undesirable.

However, in our view, it remains important to have these powers in the event that matters such as those we are discussing today—identity and language—remain a source of instability. I need not remind the Committee of the potential and capacity that they have to poison and paralyse politics in Northern Ireland, as they did during the period between 2017 and 2020. That is why these powers have been drafted and included; they afford the Secretary of State the latitude to use his discretion if these issues remain a matter of discord.

I complete accept the comments of my noble friend Lord Dodds of Duncairn in referring to New Decade, New Approach. However, the reason we are taking these powers—almost as an insurance policy, if you like—is to deal with the fact that, some two and a half years after New Decade, New Approach, key elements and provisions of that agreement have not been implemented. The Government feel that they have an obligation to ensure that they can be delivered.

At the risk of opening an entirely new front at this late stage, I have heard a number of comments about the Belfast agreement. Noble Lords have heard me express on many occasions my support for that agreement, which has been consistent since 10 April 1998. I gently remind noble Lords that there is a provision in the Belfast agreement that explicitly states that Parliament’s ability to make law for Northern Ireland remains unaffected. That is also reflected in the Northern Ireland Act 1998.

As I said, the powers have been drafted to give the Secretary of State latitude to use his discretion in these areas. They also reflect the fact that the UK Government are necessarily bringing forward in this United Kingdom Parliament primary legislation that was originally for the Northern Ireland Executive and Assembly to introduce. In our view, it is right in those circumstances that the Secretary of State has the power to ensure the implementation of these commitments, as I have just said.

Of course, as has been stated many times, it is our sincere hope that a new Executive will be formed soon, will implement this legislation and will set up the new bodies for which this Bill provides. With Clause 6, though, the Government are seeking to ensure that there is a path to the implementation of the legislation. The Government are committed to ensuring that the legislation works in practice, and that the commissioners and the office can function effectively so that these New Decade, New Approach commitments are conclusively delivered. Clause 7 is necessary to ensure the effective operation of the provisions made in Clause 6 should the Secretary of State judge it necessary to intervene.

Finally, I very much take on board the comments of my noble friend Lord Lexden. I will reflect on what he said. With those remarks, I urge the noble Lord, Lord Murphy, to withdraw his amendment.

[Lord Murphy of Torfaen (Lab)]

Well, there we are. My Lords, it is not easy. My heart tells me that the noble Lords, Lord Empey and Lord Dodds, and others are right that the devolution settlement should be protected. If you set up an Assembly and a Government, they should be allowed to get on with things and should not be interfered with every 24 hours by the United Kingdom Government; I accept that. That is one reason I tabled what I thought was a fairly modest amendment to just say, let us have a Statement instead of a directive. It could even go further and have a parliamentary debate, or whatever.

As always, the issue boils down to a short supply of trust. That has to be built up. It has been lost over the past number of years, inevitably, for all sorts of reasons, but there is a difference between this legislation and others, which is that this is essential to the restoration of the Assembly. Sinn Féin brought the Assembly down because of the lack of an Irish language Act, and therefore, if we are saying, “Look, there is so much disagreement we can’t pass this; it’s not going to happen”, the chances are we will go back to square one again. The problem is that people in the unionist community will say, “Well, that’s a veto too, over the Assembly being set up.” I am uncomfortable with it, but I cannot see off the top of my head any way around it. There may be people much cleverer than me who can think of a solution—there we are; there is a good example of someone much cleverer than me.

Northern Ireland

Debate between Lord Empey and Lord Caine

Monday 7th February 2022 Lords Chamber

[Lord Empey]

To ask Her Majesty’s Government what steps they are taking to restore the Northern Ireland Executive following the resignation of the First Minister on 4th February.

[The Parliamentary Under-Secretary of State, Northern Ireland Office (Lord Caine) (Con)]

My Lords, the resignation of the First Minister of Northern Ireland is deeply disappointing. The Secretary of State has spoken to the Northern Ireland party leaders and the Irish Government to urge a return to stable devolved government and ensure the delivery of public services in Northern Ireland. We recognise the problems caused by the Northern Ireland protocol and will continue our intensive talks with the EU to resolve these.

[Lord Empey (UUP)]

My Lords, my noble friend will know that, during the passage of the Northern Ireland (Ministers, Elections and Petitions of Concern) Bill, which is currently before Parliament, it was described as a Bill to strengthen and safeguard the institutions. Actually, it has now facilitated those who are prepared to abuse the situation. Can my noble friend tell us what the Secretary of State has done to avoid this stunt, which was widely anticipated for months, in advance of the elections? Do Her Majesty’s Government intend to accede to Sinn Féin demands to bring forward the date of the Assembly elections?

[Lord Caine (Con)]

My Lords, I am very grateful to my noble friend. Unfortunately, I do not share his characterisation of the Northern Ireland (Ministers, Elections and Petitions of Concern) Bill, which I believe will lead to greater resilience and stability for decision-making within Northern Ireland. Over the last few days, my right honourable friend the Secretary of State has been engaging intensively and has had a number of discussions with party leaders, Members of Parliament, Members of the Assembly and the Irish Government in order to seek a resolution of the issues that have led to the collapse of the Assembly. In particular, the Government are deeply committed to resolving the issues around the implementation of the protocol, which have caused so much damage across Northern Ireland. The legislation to which my noble friend referred should, I hope, complete its passage in the other place this evening, and we are working very hard to bring Royal Assent forward for that legislation as quickly as possible. My noble friend will be aware that the election is due to be on 5 May.