Northern Ireland Protocol Bill

Debate between Lord Empey and Lord Cormack

Committee stage
Monday 7th November 2022 Lords Chamber

[Lord Cormack (Con)]

My Lords, here we are again. I could not disagree with anything that has been said by anyone who has spoken. I would like the Minister, for whom we all have real affection and high regard—

[Lord Empey (UUP)]

Wait for it.

[Lord Cormack (Con)]

Of course, everything is discerning and discriminating.

I would like the Minister to give us two reasons, or even one, why it is sensible to carry on with this Bill. We have heard today from the noble Baroness, Lady Ritchie, that sensible talks seem to be taking place on the fringes of the great COP meeting in Egypt and there are other signs of talking going on, so what is the point—I have used this expression before, and I make no apology for using it again—in Parliament putting government and negotiators into a straitjacket? It is just nonsensical. We all hope the negotiations will result in certain changes to the protocol, but why drive this Bill through at this very time?

The noble Baroness, Lady Suttie, talked about the DUP. I have always felt that it is bad to pay danegeld. That, really, is what is happening here, and it is mixed up with treaty obligations—I underline the word “obligations”—and with opportunities which many people in Northern Ireland wish to take advantage of, suitably amended.

We are on our fourth day of debate on this very bad and, in my view, wholly unnecessary Bill. Let us pause it. Let us watch the negotiations with—I hope—acclamation and welcome their results. Let us not waste parliamentary time on such a badly drafted Bill. As the noble Lord, Lord Pannick, reminded us, even the explanatory clauses do not explain it; they obfuscate and make it worse. Let us get on with some proper business and leave this rubbish in the heap where it should be.

--- Later in debate ---

[Lord Cormack (Con)]

He has done so.

[Lord Empey (UUP)]

My Lords, Amendment 38, among others, refers to the role of the Northern Ireland Assembly in approving the conduct of Ministers. I suppose that a parallel would be a legislative consent Motion; it is the same kind of principle. It is good to hear that negotiations are taking place, but the people who are most directly affected not just by this legislation but by the protocol itself are excluded from this process. Noble Lords should bear in mind that, if a trader brings a vehicle into Northern Ireland from Great Britain, the first person whom that trader will deal with will be an employee of a Northern Ireland government department, responsible to a Northern Ireland Executive Minister.

The people who are the most directly affected and who have a direct responsibility for the implementation of any of these processes—that is, the politicians in Northern Ireland—are spectators in a matter that most directly affects them. Of course, it is a national issue and an international issue; but when you drill down, as Amendment 38 is attempting to do, the people with their hands on the problem on the day, every day, are out of the frame altogether.

Now I do not care what the issue is, but have we learned nothing in this place over the last 30 or 40 years? If you exclude people from something that directly affects them—and we had the Anglo-Irish process in the mid-1980s, when we followed the same principle that you negotiate over somebody’s head and shove a piece of paper in front of them and say, “There you are: implement it”—it will not work.

Amendment 38 is just one example. Will the Minister ask his colleagues to engage the politicians in Stormont directly in this process? That could be part of a solution. When we were part of the EU, it was not unusual for Ministers from Westminster to include devolved Ministers with them in their delegations. That was quite a normal process. Can we not adapt that principle? One Minister said a week or two ago—he meant well, I have no doubt—“Leave it to us. We’ve got your back here. We’ll look after it for you.” I have to say, with the greatest respect, that our backs are so full of dagger holes that we know all about that. We will believe only what we see and hear ourselves. Bring our politicians into the picture; bring them to the table with you so they are not your enemy.

I accept, of course, that we are dealing with an international issue, and foreign affairs and related matters are not devolved—I get that. But have we not enough flexibility to bring people along as part of our delegation so that they can see persons and papers? We do not have to break any rules. What is so secret?

Before he left office, I asked the noble Lord, Lord Frost, who is in his place, a Question about all the committees that have been set up under the agreement and who populated them. I think he left office before he was able to reply to that Question, but who are they? I do not know who they are. Where are they? How many of these committees do we have? All I can tell you is that nobody of political significance in Belfast is engaged. It will not work—fix it. Let us make these discussions meaningful. Let us get the people who have to deliver what is agreed, at the table. We would never have got the Good Friday agreement had we not done that by bringing everybody in.

I have listened at some length to the arguments about the legality of the legislation and its role. I am not a lawyer, but I respectfully invite colleagues to review the evidence submitted to the Sub-Committee on the Protocol in Ireland/Northern Ireland by Professor Boyle and another colleague from the University of Cambridge on what they consider to be the legal position of this legislation. They came to the joint conclusion that the Article 16 process would have to be involved in order to make it legal. I do not know whether that is right or wrong, but I refer Members to that piece of evidence. The transcript is available, it was a public investigation by our committee, and I commend it to colleagues. I ask them to look at it and see what merit there is for us.

There is a solution here; we can find a way through this. However, I can tell colleagues from years of experience—other people in this Chamber can do the same—that, with the process that we have chosen to take, we are going about things the wrong way. I understand where the Government are coming from with the legislation, and I do not wish to see the UK Government’s negotiating position weakened, but I want success. We are facing the worst crisis economically in many decades. Northern Ireland’s community is facing increased costs, in part as a result of the protocol, obviously we have the lowest levels of income, and we also have a different energy system to the rest of the United Kingdom.

Basically, our political class is out to lunch. We are not contributing anything to the solutions, because of the stand-off at Stormont. I do not want to see Sinn Féin’s argument that Northern Ireland is a failed political entity justified, and that is the risk we are taking. My appeal to the Minister concerning any—indeed, all—of these amendments involving support and approval from the Northern Ireland Assembly is that one of the ways to get the Assembly going again is to engage the people who have to operate the outcome of the negotiations, so that they are part of the solution and have ownership of it.

United Kingdom Internal Market Bill

Debate between Lord Empey and Lord Cormack

Report stage & Report: 2nd sitting (Hansard) & Report: 2nd sitting (Hansard): House of Lords
Monday 23rd November 2020 Lords Chamber

[Lord Cormack (Con)]

My Lords, I begin by echoing my friend, the noble Lord, Lord Foulkes. I, too, am deeply sorry that he is not with us, as he was in such splendid and rumbustious form last week. All I would say to him is, “Haste you back”, and I hope he will be able to take part again on the Floor of the House very shortly.

I also genuinely thank my noble friend Lord Callanan for tabling and moving Amendment 14. That has shown that he and his ministerial colleagues have listened to what was said in your Lordships' House in Committee, and for that I am sure we are all grateful. My noble friend is exactly right when he says in the United Kingdom Parliament—we are not a federation—the buck stops with Westminster. That is entirely right, but there is deep suspicion in many quarters about the word “consult”, because it can have a variety of meanings and interpretations. “Politely inform” is often what people mean by “consult”. That is why I am particularly attracted to the wording of Amendment 20 in the name of the noble Baronesses, Lady Hayter and Lady Finlay, and the noble Lord, Lord Hain. This requires an explanation. It is entirely proper that the buck stops here. It is entirely proper that the ultimate decision is made in Westminster, given the present structure of our United Kingdom, where, as has been said, certain specific powers are devolved, but ultimate power remains here.

Having said all that, it is important that “consult” means consult—discuss, evaluate and determine the merits before a final decision is made. Therefore, I say this to my noble friend: thank you for coming as far as you have. I in no sense question or impugn his sincerity because I know from experience that he understands the proper meaning of “consultation”, but not everybody in ministerial office does. There have even been recent occasions when advice has been totally jettisoned.

If we are to move forward with the devolved Administrations, it is important that we genuinely consult. I like the idea of giving them time but not allowing them to procrastinate indefinitely; a month seems a good length of time. Then, it is perfectly reasonable that the Westminster Parliament should insist on having its will, but that it explain precisely why. We have got to treat the devolved Administrations as bodies of articulate, well-informed public servants who are trying their best to serve Scotland, Wales and Northern Ireland.

Of course, the elephant in the room—we must all be honest enough to admit this—is that, whereas the Governments in Northern Ireland and Wales accept the union of the United Kingdom, in Scotland, they do not. In Scotland, we have a Government who, perfectly honourably—it is an entirely legitimate ambition to have, although I strongly oppose it—have one ultimate aim: to break up the United Kingdom by withdrawing from it. So, it is very important that those of us who believe in the United Kingdom do not succumb to those who want to manipulate themselves out of it, and that we are able, in the interests of the United Kingdom—while there is one—to argue for policies conducive to its continuance.

The balance and wisdom implicit in Amendment 20 commends itself to me. I hope that my noble friend will reflect on that and perhaps say that he will come back at Third Reading with a slightly amplified version of the welcome and, again, genuinely meant and perfectly sincere Amendment 14, because I do not really think we can just leave it at that.

[Lord Empey (UUP)]

My Lords, the starting point for this group of amendments is, I suppose, that not one of the devolved Administrations has given its consent to this legislation. That is an unfortunate place to be.

However, I welcome the changes that my noble friend the Minister has introduced so far. Listening to the debate, it seems that the gap between the different amendments and the Government’s position is not huge; to be honest, I would have thought it perfectly capable of being bridged. I certainly urge that efforts to ensure it is bridged be pursued, because there is no point in having unnecessary divisions if they can be avoided.

I must say to my noble friend that consultation is in the eye of the beholder. Having been a devolved Minister for just under seven years, I have a little experience of what consultation actually amounts to from time to time. Occasionally, it can be extensive, planned and productive. On other occasions, you read about it in the Daily Mail before you have even got into the office. There is a coherent argument for having a codified process to ensure that consultation happens, and within a framework. We all know that Ministers and departments are sometimes very good at it, but occasionally and, sadly, all too frequently, that is not the case.

I totally accept that no devolved Administration can be permitted to have a veto over what happens in the whole of the United Kingdom, because, as my noble friend Lord Cormack just stated, the buck ultimately stops with the Westminster Parliament; that is totally correct. But one is brought to a position by one’s experience in these matters. What is being asked for in some of these amendments is not unreasonable and would be beneficial. We know that, as has already been referred to, vociferous nationalism is attacking at every opportunity the legitimacy of the United Kingdom. It has been used and abused. So, even though some sections in government may find it a bit tedious, having a structured consultation mechanism is a protection against those who would use it as an anti-unionist argument.

To give an example, due to the action of some of its parties, the Northern Ireland Assembly was unfortunately out of business for three years during the critical Brexit negotiations. We repeatedly asked Ministers what mechanisms they were going to use to consult the people of Northern Ireland about the huge issues arising from those negotiations; indeed, barely a day goes by now without another obstacle and tank trap appearing in the process. We were given assurances that the consultation would be very significant, but I can tell noble Lords that that did not come to pass. It was sporadic and haphazard—it certainly was not structured—and we have ended up today in the most awful mess, which, sadly, we will no doubt return to frequently in the months ahead.

We should not really have to have an argument over these issues because there is a broad level of agreement. I urge my noble friend to harness the different threads of the argument and ensure that we take a united position as we move forward with this legislation, whatever we happen to think of it. Setting out clearly that there must be consultation and that it must be done in a formal, structured way without any devolved Administration being able to frustrate the operation of the UK single market—as it will be referred to—is entirely reasonable. I hope that my noble friend will reflect on that when he sums up.

Business of the House

Debate between Lord Empey and Lord Cormack

Thursday 7th March 2019 Lords Chamber

[Lord Empey (UUP)]

My Lords, a pattern has been developing over the last couple of years, whereby nearly every piece of Northern Ireland legislation is being done using the suspension of the Standing Orders to push through Bills in a single day. This morning it is proposed that two Bills go through all their stages in one day. Yesterday, in the other place, there were objections from all sides of the House that no scrutiny of any significance was being provided, certainly of one of the Bills—the renewable heating scheme Bill—even though it is significant to many businesses and individuals.

We know that from time to time it is necessary to use these procedures—I accept that—but we have here a pattern that every meaningful piece of Northern Ireland legislation is shoved through in one day on this basis without scrutiny, and there was a universal view of disquiet in the other place.

I appeal to my noble friend the Leader of the House to consult her colleagues in government to try to bring this process to an end, so that legislation is dealt with through a proper process. I know that they will argue that in this or that particular case, circumstances need quick resolution—but on this series of Bills, I disagree. One Bill deals with the regional rate. The regional rate has been set in February every year since 1973. That is part of the process. We knew a year ago that the rates for the renewable heating scheme had to be renewed because we passed a Bill that said that they would be renewed in one year. Similarly, budget matters come annually and there has been no prospect in the past few months of the Northern Ireland Assembly being re-established and an Executive being in place to deal with these matters. So I appeal to my noble friend the Leader to prevail on her colleagues that, if Northern Ireland legislation comes to this House, it is subject to the normal parliamentary processes, because we are almost at the point where these matters are an abuse of the parliamentary process.

[Lord Cormack (Con)]

My Lords, I will briefly add my strong support to the noble Lord, Lord Empey. He has made an extremely important point, which is all the more important because the Executive are not in being and the Assembly is not meeting. It is therefore incumbent on this House and the other place to look in some detail at matters which affect the lives of people throughout Northern Ireland. I add my plea to his: we should not indulge in this process again, especially during a time when Northern Ireland has no adequate devolved government.

Asset Freezing (Compensation) Bill [HL]

Debate between Lord Empey and Lord Cormack

Friday 10th June 2016 Lords Chamber

[Lord Empey]

My Lords, I take this opportunity to thank the participants in this debate. First, I thank the noble Lord, Lord Brennan, for his vivid and chilling explanation of the actual effects of Semtex, and his dealing with the stance of the United States in 2008, the successor-state liability principle and of course the fact that Congress forced the settlement. The words of my colleague and noble friend Lord Rogan, with his considerable experience and knowledge of the outworkings of Semtex in our own part of the United Kingdom, and his concern that a certain volume of that material still exists in the hands of dissident terrorists, are also something to be worried about. Of course, his reference to the difference in treatment between victims of the Harrods bombing illustrated why we have this Bill before the House today. I thank the noble Lord, Lord Davies of Oldham, speaking on behalf of Her Majesty’s Opposition, for expressing his, as he put it, enormous sympathy with the Bill, his reference to the United States example, and to his friend Jim Fitzpatrick, who, as the noble Lord rightly pointed out, has been in the trenches on this one for many years, and continues to be, and who represents his constituents to the very best of his ability.

I must say that the Minister, on behalf of the Government, shocked me to some extent with his reply. Only we, in this part of Europe let alone anywhere else, could come up with the European Convention on Human Rights as an obstacle in the path of getting funds for the victims. What about the rights of the people who were blown to smithereens? Have we got the world on its head that that is a defence for doing nothing? We are talking here about the state of Libya, the successor to Gaddafi, whenever it emerges from whatever struggles it is having.

I understand and quoted from the articles from the European Union’s decision of 18 January and the EU resolutions. I asked in my speech whether we have asked our European colleagues for help with this. Have we just asked them? Have we put forward proposals to amend this or put in another derogation? Have we gone to the United Nations and asked it for help or put forward proposals? Have any of these people turned us down? That is what we need to find out. We are not asking for anything so why not? Is there a hidden hand somewhere, or a deal in the background that we know nothing about? Why not? Our responsibility is to the people of the United Kingdom first and last. What happens to the rights of individuals named in the United Nations list is not our primary concern. Our primary concern is our own people.

I must say to the Minister, with the greatest respect to him—I have enormous admiration for him—that it is precisely that approach that is the root cause of the failure to make progress on this issue. It is not a private matter between individuals and the Government of Libya. As the noble Lord, Lord Brennan, said, the United Kingdom Government plc should be up front and centre dealing with this matter—and fighting.

[Lord Cormack (Con)]

Will my noble friend enter into early discussions with the Minister to see whether some amendments can be framed that would enable this Bill to be accepted by government?

[Lord Empey]

I thank the noble Lord for his, as usual, helpful intervention. As a former long-serving chair of the Northern Ireland Select Committee in the other place, he knows the subject well. I have it absolutely clear, and we all know the rules as regards Private Members’ Bills. We know what we are doing and we know what it is about. I would be delighted to sit down with the Minister and look at this, and so would all our colleagues in both Houses and in all parties. He knows, as well as I do, that a Member is limited in the amount of help that he or she can obtain for a Private Member’s Bill. A few weeks ago, the Legislation Office was crammed with all the other Bills, is very short-staffed and can do only a certain amount. I accept that a lot of the technicalities of the Bill are not perfect. That is why we have a parliamentary process. That is why we go through different stages. I entirely agree with the noble Lord and would be delighted to do what he suggests. We cannot simply leave things as they are. They are totally unacceptable.

If we are talking about human rights, what about the rights of the people who have had to live with the consequences of these actions throughout their lives? The legal niceties about the European Council regulations, or resolution this and resolution that, are secondary: we are dealing with people, individuals and families. Our task is to ensure that they get a fair deal out of all this. We are not asking to plunder the people of Libya. I said earlier that the vast majority of the victims are the Libyan people themselves, and we know that, but we have a specific group of people who have been left to fall down the grating and slip through the cracks on this issue. I appeal to the Minister to go back to his colleagues and revisit some of those issues. Those of us who are behind these proposals would be very happy to sit down with him, or anybody else, and discuss any amendments, or anything we could do, as the noble Lord, Lord Cormack, suggested. We would be delighted to talk to both Front Benches on this issue to see whether we can get a consensus.

Procedure of the House (Proposal 3)

Debate between Lord Empey and Lord Cormack

Tuesday 8th November 2011 Lords Chamber

[Lord Cormack]

My Lords, I agree very much with my noble friend, but there is one thing that we could do—and I hesitate to mention this. There is one practice in the Commons that speeds it up: that the Member asking a Question gets up and says “Number One”, “Number Two” or “Number Three” or whatever. As the Question is printed on the Order Paper; as you can put texts on the television that viewers can read; and as every Member of your Lordships’ House can read and has an Order Paper, that is the way one could speed things up. However, in my view there is absolutely no justification for this particular suggestion.

[Lord Empey]

My Lords, I support the noble Lord, Lord Cormack. Clearly, we want to make the House intelligible to as many people as possible. However, given that we have Questions one month in advance on our green sheet and, on the day, we get two sheets with the Questions on, nobody should be in any doubt as to what Question we are going to be asking. Given that the Questions are well known in advance, the solution is to have the text on the television. That would achieve the two things that we want to achieve: first, to better inform the public; and, secondly, not to do the very opposite of what we are trying to do in many of these Motions, which is to save time. This goes completely contrary to the thrust of them.

Procedure of the House: Select Committee Report

Debate between Lord Empey and Lord Cormack

Monday 27th June 2011 Lords Chamber

[Lord Cormack]

My Lords, I was not going to say anything but I have been slightly provoked into doing so by my noble friend Lady Stowell of Beeston. It is very dangerous to talk of membership of this House as being a job. It is not a job; it is a calling to public service. It is also very dangerous to talk in terms of attendance as measuring the effectiveness or otherwise of a Member of your Lordships’ House. There are so many Members in this place—it was a sub-theme of our debate last week that this was the case—who are here because of what they have achieved outside and because of the knowledge, experience and expertise that they can bring to our proceedings. That is the essence of your Lordships’ House.

Noble Lords will know that I do not wish to see significant change in the manner of composition of this House. I, of course, accept that the number of Members is an issue and I welcome the thoughtful and constructive comments of my noble friend Lord Hunt and his committee. Clearly these things have to be examined by all of us. It has to be recognised that at some time each one of us should seek leave of absence. It is not retirement, nor should it be provided with a consolation prize of dining rights and Library access, even though it might, as a courtesy, be good to have that. We have to face up to these issues. We certainly should not be dictated to by arbitrary retirement ages. There are those in the House, far, far, older than I, who make a magnificent contribution to our proceedings, sometimes regularly and sometimes less so, but when they speak the House listens. One has only to cite the example of the remarkable speech last week of the noble Baroness, Lady Boothroyd, to illustrate that fact. This is an issue that must be dealt with extremely carefully and sensitively. Please let none of us be seduced into talking of our presence here as holding a job.

[Lord Empey]

A few years ago, it was decided in Northern Ireland to reduce the number of councils and to reduce the number of councillors. At that stage, it was advanced that, in order to encourage older members to retire, a financial reward would be worked out on the basis of £1,000 per year of service, or something to that effect. Local government reform was very slow to come about and eventually, about a year ago, it stalled, and that coincided with the financial restraints that we are all facing. The effect of that was that the old councils were re-elected last month, and those councillors who were being encouraged to leave hung on like grim death in the hope that the financial rewards would be forthcoming. My concern is that while the idea that there may be a reward in respect of retirement is out there, who in their right mind, except the most public spirited, is going to come forward?

I have to say to the Chairman of Committees that that issue needs to be resolved immediately because as long as it is possible for people to believe that they will receive a financial reward, there is a high prospect that they will not put their names in the hat. That issue needs resolving immediately otherwise the effect of this discussion will be that nobody will come forward.