Identity and Language (Northern Ireland) Bill [HL]

Debate between Lord Empey and Lord Deben

Committee stage
Wednesday 22nd June 2022 Grand Committee

[Lord Deben (Con)]

My Lords, I wish to associate myself with those noble Lords who are sad that this is not being debated in the Assembly. Let me say how sad I am that it is not recognised by some in Northern Ireland that it is their responsibility to be part of that Assembly and that that is the deal. It is a deal that the rest of the United Kingdom, a little bit of which I hope to be able to speak for in this Committee, wants to hold them to instead of being held by them.

Secondly, I opposed the Government’s successful attempt to impose on Northern Ireland changes that were opposed by both communities. I thought that it was wrong. It is not subsidiarity and we should not have done it. However, in this case, we are having to discuss something that has been agreed in principle and which we must carry through. This is therefore a different circumstance, which is why we are doing this. I entirely agree with the noble Baroness who last spoke from the Opposition Bench.

I say to my noble friend that the reference to the European Court of Human Rights is important. It is extremely important that we tie this into the international agreements that we have. If I may say this to the noble Lord, Lord Murphy, I do not much mind what Mr Raab has said. The truth is that we signed up to it—we more or less invented it—and we did so to make sure that everybody stood to the same standards in this area. If ever there were a case for making sure that we insist on the standards enforced by the European Court of Human Rights, this certainly is it.

[Lord Empey (UUP)]

My Lords, like the noble Lord, Lord Deben, I deeply regret that this issue is being dealt with here. It is obvious from the first quarter of an hour of debate, from the many local issues that have arisen, that local MLAs would understand the nuances far better. It is a crying shame that this is not being dealt with there.

I have one point to make to the noble Lord, Lord Murphy. My party did not agree to New Decade, New Approach. In fact, I deeply regret a lot of the proceedings that led up to it and a lot of what is included in it because I fear that this Bill has within it the seeds of a grievance factory, where it is going to be very difficult to make everybody feel that their particularly identity is being represented. Indeed, it may be a shock to many that people do not go round the place wondering who they are each day; it is not something at the top of people’s agenda when they cannot even put money in the meter to keep their lights on. We must understand that it is not the sort of thing that is necessarily top of people’s agenda.

We must avoid two things. First, because this Bill is not subject to debate in the Assembly where implementation of it would take place, this House cannot amend it —because, if the Assembly is not there, the only process is here, and therefore we should not be afraid to do that. Secondly, and equally, we must be wary of imposing conditions that prove to be difficult for the Assembly.

I think there is some merit in what is suggested in Amendment 1. I take the point about other languages, but one has to be careful about who is included in that and who is not. Within the past 36 months, we have had the arrival on our shores of people from varying backgrounds—from Syria and Afghanistan—we have had a significant indigenous Chinese population for as long as I can remember, and we have had people coming from eastern Europe as part of the European Union for many years, who have built up considerable numbers, particularly in the past 15 years or so. So who is included in that and who is not is very difficult. I ask colleagues to bear those points in mind.

My noble friend Lord Morrow makes a valid point about the boundaries where one public body ends and another begins. There could be quite a lot of overreach and overstretch there. If an office dealing with identity issues becomes specifically involved in rights and equality, there is some overlap, but they would be two quite distinct areas, and we must take great care that we do not create a scrambled egg of bodies all competing about where the boundaries of their activities begin and end. I urge a bit of caution from the Minister in that regard.

Bearing in mind that it is a matter of very deep regret that we have to do this, I suggest that the one thing that we try to avoid is making things worse by confusing the role of one public body with another. I do not think it was ever the intention of the negotiators of New Decade, New Approach that the existing equalities and human rights commissions would be subject to override in this area. In the event that somebody feels that their human right has been overruled, they still have the opportunity to have their case taken up by those bodies. The right to do that is not conflicted in any way by anything in this, but we must avoid confusion. The existing lines are relatively clear, and I think we should adhere to them.