European Union (Notification of Withdrawal) Bill

Lord Hain Excerpts

Report stage (Hansard - continued): House of Lords
Tuesday 7th March 2017 Lords Chamber

Moved by

[Lord Hain]

5: After Clause 1, insert the following new Clause—
“Maintenance of citizenship rights set out in the Belfast Agreement
Before a notification can be given under section 1(1), the Prime Minister must give an undertaking to negotiate under the process set out in Article 50 to support the right of Northern Irish people to claim Irish citizenship, as set out in the Belfast Agreement.”

[Lord Hain]

My Lords, Amendment 5 is in my name and that of my noble friend Lord Murphy of Torfaen, who was my predecessor as Secretary of State for Northern Ireland. I reassure your Lordships that this is more of a probing amendment, and I certainly do not intend to even consider dividing on it. That should be a relief.

The Belfast/Good Friday agreement of 1998, endorsed by a referendum in Northern Ireland, included the rights of people who were born in Northern Ireland to choose to be Irish or British, or to choose to be both. Some choose to exercise, exclusively, one of them. Indeed, a British citizen whose parents were born in Ireland could—as many have done since the referendum—apply for an Irish passport without giving up their British citizenship, because British citizens are also allowed to hold dual citizenship. This means that you do not have to renounce your British citizenship if you apply for an Irish passport.

However, for those who choose to be both British and Irish or just Irish, will they also be citizens of the European Union as they are now? I presume that they would: the Minister will, I hope, confirm that Irish citizenship automatically confers EU citizenship rights, so that right to be a citizen of the European Union would remain. Can we assume that the EU would not object to EU citizen status for Irish citizens, not only those living in the Republic, but also those living in Northern Ireland, in what will be, after Brexit, part of a non-member state, the United Kingdom? Will those born in Northern Ireland claiming Irish citizenship remain EU citizens, albeit living outside the EU?

Can we assume that the position would be analogous to someone being able to apply for dual French and British citizenship—for example, if they were British, but had French parents? As long as France remained in the European Union, the French citizenship would confer the right to EU citizenship by extension; in the case of Northern Ireland, however, it will apply to a whole society—Northern Ireland’s—and not just individuals claiming European citizenship through relatives. Can the Minister give a guarantee that this right is maintained for people from Northern Ireland? After all, a common EU identity has helped both nationalists and unionists to focus on what they have in common rather than what has, for centuries, divided them. Irish citizenship may of course also be available for those with grandparents who were born on the island of Ireland, which includes Northern Ireland.

I note the report of the House of Lords European Union Committee, which stated on page 32:

“We also considered the impact of Brexit on the current reciprocal rights for UK and Irish citizens to live and work in each other’s countries. Such rights are underpinned in domestic law by the treatment of Irish nationals as non-foreigners under the Ireland Act 1949, and the acknowledgement of their special status in subsequent legislation including the Immigration Act 1971, as well as by the provisions of the British Nationality Act 1981 ... In addition, under the terms of the Belfast/Good Friday Agreement, the people of Northern Ireland have the right to identify as British, Irish or both, and to claim citizenship accordingly. Those who claim Irish citizenship would, by extension, be able to claim EU citizenship”.


Last week, I raised the thorny issue of the border in the context of Brexit. Nationalist and above all republican buy-in to the peace process has been cemented by an open border, as it normalises relations between both parts of the island. For them, it is iconic; and for unionists, either doing business or going about their daily lives, it is also extremely valuable. Similarly, the right to be Irish has been for nationalists and republicans a key part of the Northern Ireland peace process. Furthermore, do the Government agree that it is vital to retain and guarantee that right, not just for those who currently enjoy it but for future generations? Categorical reassurances on all of these are especially important after, first, a collapse of the power-sharing Executive into an election, and then a seismic result in which for the first time since 1922, unionists do not have a majority in the local legislature. Is there hope that two charismatic new women leaders, Sinn Fein’s Michelle O’Neill and Alliance’s Naomi Long, can broker common ground with the DUP’s leader Arlene Foster to rescue devolved government?

Meanwhile, the issue of how to deal with Northern Ireland’s troubled and tangled past remains toxic. Long-retired British soldiers are being prosecuted, provoking outrage among both their families and unionists who perceive it as an unjustified focus on the state’s role in the conflict. “What about prosecutions of former IRA assassins?”, is their question? Both magnanimity and mutual respect is needed, otherwise Northern Ireland will get completely bogged down in its gruesome past, instead of properly supporting victims and building a new future.

To conclude, I ask that the Minister gives a proper and full explanation and guarantee about the entitlement to Irish and therefore European citizenship of people from Northern Ireland. The EU has in the past been very supportive in recognising Northern Ireland’s unique status, and it will almost certainly have to be supportive in the future.

[Lord Reid of Cardowan (Lab)]

My Lords, I am very pleased to follow my noble colleague and fellow former Secretary of State for Northern Ireland, Lord Hain, in support of the amendment. I merely point out that I am the third former Secretary of State from these Benches to have supported the sentiments of the amendment, as my noble friend Lord Murphy also spoke on the matter last week.

I do not intend to address the amendment in such detail as my noble Friend Lord Hain; I will confine my remarks to a focus on three or four strategic issues of vital importance. We have spent a great deal of time thinking and worrying—correctly—about the implications of Brexit for Scotland and, in my view, not nearly enough time thinking about the implications not only for Northern Ireland but for the whole of Ireland and a relationship which we have built over the past 20 years, in contrast to centuries prior to that of animosity and antagonism.

--- Later in debate ---

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

I thank all noble Lords who have taken part in the debate on this amendment, relating to the right of the people of Northern Ireland to identify themselves as British or Irish or both, under the Belfast agreement. It is always a pleasure to follow two former Secretaries of State who have so much experience of this issue. I also mention the eloquent contributions from, among others, the noble and right reverend Lord, Lord Eames, and the most reverend Primate the Archbishop of York.

The noble Lord, Lord Hain, referred to the current political context. The whole House is very conscious of the political situation in Northern Ireland and the need to provide support to the parties there. The recent Assembly election produced a high turnout, and my right honourable friend the Northern Ireland Secretary said in a statement on Saturday:

“This election has demonstrated the clear desire by the overwhelming majority of people in Northern Ireland for inclusive, devolved Government … Everyone now has a shared responsibility to engage intensively in the short period of time that is available to us, to ensure that a strong and stable administration is established”.


I make it absolutely clear that the Government take that responsibility very seriously and are totally committed to the resumption of strong and stable devolved government, which is so much in the interests of the people of Northern Ireland. We all want to see the forward momentum of the peace process maintained.

The amendment in the name of the noble Lord, Lord Hain, seeks an undertaking to support the right of the people of Northern Ireland to claim Irish citizenship, as set out in the Belfast agreement. The Government’s commitment to the Belfast agreement is absolutely rock-solid, including to the principles that recognise the birthright of all the people of Northern Ireland to identify themselves and be accepted as Irish or British, or both, as they so choose, and their right to hold both British and Irish citizenship. As the noble Baroness, Lady O’Neill, and the noble Lord, Lord Empey, made clear, this birthright predates the Belfast agreement. The United Kingdom’s departure from the EU will not change this commitment. However, the question of who can or cannot claim Irish nationality and citizenship is not something that would be dealt with through the Article 50 process.

Citizenship and nationality are matters of exclusive member state competence. The right to Irish nationality and citizenship is therefore a matter for Ireland, in line with its own commitments under the Belfast agreement. The Taoiseach has repeatedly made clear that the Irish Government remain committed to this agreement. In response to the point made by the noble Lord, Lord Hain, and the noble Baroness, Lady Suttie, EU citizenship is enjoyed by the citizens of all EU members. Therefore, any Northern Ireland resident who takes Irish citizenship will have EU citizenship. This is a matter of EU law, so no guarantees are required from the UK. It does not require special status. There are, after all, 3 million EU citizens currently in the UK. The noble Lord, Lord Reid, and the noble and right reverend Lord, Lord Eames, raised the issue of the border. The Government are committed to a frictionless border. How that is achieved is a matter for negotiation.

In conclusion, although the Government agree with the core sentiment behind this amendment—namely, unwavering support for the Belfast agreement—there is no need for its inclusion in the Bill in order to achieve the effect the noble Lords are seeking. Therefore, I respectfully ask the noble Lord not to press his amendment, as he indicated he would not.

[Lord Hain]

My Lords, I am grateful to the Minister and will respond briefly to him in a moment. However, the happy consensus which we have enjoyed this evening will be destroyed over the weekend when Wales play Ireland—at least in the case of my noble friend Lord Murphy and me.

My noble and right reverend friend Lord Eames spoke, as always, with moving eloquence. I am grateful for his generosity to me and to my noble friends Lord Reid and Lord Murphy. He said, very aptly, that Northern Ireland was affected by Brexit more than any other part of the UK. Scotland may be making the most noise but he is right that Northern Ireland, potentially, will be more seriously affected.

The noble Viscount, Lord Slim, referred to my mention of soldiers being prosecuted. To ensure that he understands my point of view, which is shared by my noble friends Lord Reid and Lord Murphy, we did indeed try to draw a line under the past. I introduced the Northern Ireland Offences Bill, which fell because its principle was that it applied to everybody. You had to treat people equally, whether they were a British soldier or a former paramilitary: that principle is vital. I can well understand why the families of soldiers who are now in their 70s and are being prosecuted for offences that they are said to have committed have a grievance that this may be one-sided.

You have to do these things even-handedly—and I return to what my noble and right reverend friend Lord Eames said. I do not wish to detain the House because it is not strictly appropriate to this amendment, but it is part of the context. You have to deal with this whole question in an entirely different way from pursuing continuous prosecutions going back 30, 40 and more years. Forensic evidence in those cases is either non-existent or, if there is forensic and other evidence, it is often more easily captured under former serving soldiers, where records were kept, than it is under former paramilitaries. So long as the parties turn their backs on an even-handed approach and so long as government is unable to pursue that matter, we will continue to have these grievances and they will multiply.

My noble and right reverend friend Lord Eames was the co-author, with Denis Bradley, of a very authoritative and excellent report on the past. There was one particular recommendation on compensation which perhaps was not ideal and attracted a lot of controversy. However, the rest of the report showed how it was possible to address this issue. The people of Northern Ireland and their politicians should return to it.

[Lord Empey]

I am obliged to the noble Lord. Would he not confirm that, even going back to 1998, one of the principal objectors to drawing a line or trying to treat everybody equally was the Army? It did not wish to be treated in the same way as terrorists who were being prosecuted. It wrote to the Government at the time, objecting strongly to being treated in the same way as ex-paramilitary prisoners. I understand that the security forces still object to that. It is an issue that needs to be addressed. I hope that the noble Lord is at least aware of it.

[Lord Hain]

I am aware of it. It is more complicated than the view that the noble Lord attributed to the Army—but my noble friend Lord Reid may be able to clarify.

[Lord Reid of Cardowan]

What the noble Lord, Lord Empey, said was true—but, at a certain point, the chiefs of staff actually changed their mind. They could see the difficulties of paramilitaries having been released and the precise difficulties that have been pointed out tonight of British Army soldiers being prosecuted. While I was Secretary of State, they agreed that, if any member of the Armed Forces wished, in the event of such legislation being passed, to have recourse to and defence through immunity, they would not object. So, historically, although they had taken one view, they were prepared to countenance that on behalf of the Armed Forces.

Unfortunately, the parties in Northern Ireland would not permit an agreement at any given time—and nor, indeed, to be fair, would the British Parliament. We said consistently, “You will regret this because it will be a running sore for decades”. While we accept that there is a contradiction between justice for the families of those injured or killed in the past—which I understand perfectly—and peace and security for the future, the overwhelming case was to assure peace and security for all families in future by drawing a line at 1998. This has been the position of the British Armed Forces since 2003, as I understand it.

[Lord Hain]

I am grateful to my noble friend. I will not prolong this discussion too much except to say that, following the impasse that the Minister, the Secretary of State and their colleagues are grappling with, we hope that negotiations will bear fruit. It may well be that the British Government have to give something on this. I would just mention in passing that there is, for example, a demand from the WAVE trauma group to have a pension for innocent victims—not perpetrators of atrocities. I presume this could come only from the Government. I will briefly give way.

[Lord Davies of Stamford (Lab)]

I am grateful to my noble friend. Thanks to the initiative of the noble Viscount, Lord Slim, we are talking about a desperately important matter. As the noble Lord, Lord Empey, said, there are still some serious reservations about granting amnesty to British forces. I share some of those sensitivities. Without getting into this complicated ground, is it not the case that the prosecuting authorities always have the option to decide whether or not to prosecute not just on the grounds of whether there is a chance of a conviction but also on the grounds of national interest? Is it not to be hoped that the prosecutor in Northern Ireland will take advantage of the opportunity for a judgment with the greatest degree of sensitivity?

[Lord Hain]

We are opening up a whole new debate. I am not sure I fully agree with my noble friend. I will end by saying that I welcome the fact that the Minister said that the commitment to the option of Irish citizenship is rock solid, as is the commitment of the Government to the Good Friday Belfast agreement. I beg leave to withdraw the amendment.

Amendment 5 withdrawn.