Northern Ireland Protocol Bill

Debate between Lord Empey and Lord Kilclooney

Committee stage
Monday 7th November 2022 Lords Chamber

[Lord Kilclooney (CB)]

Does the noble Lord accept that in Northern Ireland, when we have a democratic vacuum, the men of violence fill the gap? Is he aware that only last week, because there was a call from Dublin for joint authority in Northern Ireland—government by both Dublin and London—a bomb was planned to be planted in a government building in the Republic of Ireland, which was called off, hours before it was due to explode, only when the Government here announced that there would be no joint authority?

[Lord Empey (UUP)]

The noble Lord is correct. I agree that history tells us that a vacuum will be filled, and it will not be filled by people who are committed to the democratic process. That is well established. There is no legitimacy for joint authority. The manifesto of the Government was clear in 2019 that it was explicitly excluded, although it was interesting that at this weekend’s Sinn Féin conference, its plan B was specifically aimed at some form of jointery. That is why I say we can see where the road is leading us.

I come back to the Minister and ask him to prevail on his colleagues to open the door to the people of Northern Ireland and the elected Members, so that they can participate in the process of negotiations; they will not be sitting in the front row, but they can be in the room, they can be advising Ministers, they can be contributing and they can feed that back to their supporters. It will have a calming effect if they can see that, and if the people who have to implement the thing on the ground are part of the solution. Surely that makes common sense. What is the point of having devolution if the people who have responsibility for delivering parts of this are not even at the table?

Identity and Language (Northern Ireland) Bill [HL]

Debate between Lord Empey and Lord Kilclooney

Committee stage
Wednesday 22nd June 2022 Grand Committee

[Lord Empey (UUP)]

My Lords, I must say, I take a similar view to the noble Lord, Lord Morrow. For three years, when the Assembly was closed following Sinn Féin’s withdrawal in 2017, the noble Viscount, when he was answering at the Dispatch Box, would say, “Well, because of the Sewel convention, we cannot do this; it is a devolved matter. The Northern Ireland Office cannot do that”. We now seem to have moved. We do not hear the Sewel convention mentioned very much around this place. We seem to have a situation now where, effectively, we are fireproofing bits of legislation against disagreements even though they may be legitimately expressed and exercised by Ministers in Northern Ireland.

The whole mechanism that was agreed in 1998 is not what many of us would ultimately like, but the concept of a mutual veto is there for a purpose. We would not have devolution, as the noble Lord, Lord Murphy, knows, if people did not feel a sense that they each had a hand on the steering wheel. As the noble Lord, Lord McCrea, mentioned, some of the people with whom we have shared power are not necessarily dinner companions. Once you take away the exercise of a veto, you take away a part of the settlement.

I know that colleagues here did not agree with it in 1998; I am well aware of that, and I understand the rationale for it, but perhaps they now understand our rationale for not agreeing with New Decade, New Approach. As far as I can see, all people would have to do is not agree, and all that those who would like to see a particular measure would have to do is sit on their hands and wait for the Secretary of State to overrule. If we get into that, Sewel is out the window and you start to decay the whole process; we need to take very great care that we do not undermine it. It is an awkward, difficult and complicated system because, if you know that you do not have to agree with the person across from you, the temptation is to wait it out until the Secretary of State intervenes and takes your side.

For a brief period, I held the office at the OFMDFM. I know how complicated this is. The first week I held the office, I and the Deputy First Minister could not agree on the notepaper; as a consequence, the department could not send a letter out for a week until we agreed. We agreed because we had to, and we got a compromise. However, if I had known that I could sit it out and that the Secretary of State would come over and take my side, I would have been under no obligation to agree.

[Lord Kilclooney (CB)]

He would not have taken your side.

[Lord Empey (UUP)]

Or the other side. Whichever—the point is still valid. I am just saying that, if you throw out or undermine the concept that people have to agree, however difficult it is, for one thing, the temptation is that it will spread. That will be my only contribution.

Flybe

Debate between Lord Empey and Lord Kilclooney

Thursday 5th March 2020 Lords Chamber

[Lord Kilclooney (CB)]

My Lords—

[Lord Empey (UUP)]

My Lords—