Windsor Framework (Democratic Scrutiny) Regulations 2023

Debate between Lord Hain and Lord McCrea of Magherafelt and Cookstown

Wednesday 29th March 2023 Lords Chamber

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, the noble Lord, Lord Jay, at the commencement of the debate, said that a majority in Northern Ireland supports the Windsor Framework. But I respectfully say to him that his comments display a lack of knowledge of the Belfast agreement, because majority rule is no longer the foundation of the political settlement in Northern Ireland; instead, cross-community support is demanded, and, in the past, I believed that this House strenuously supported that.

The noble Lord, Lord Hain, told us that a lot of the detail in the SI is unclear. But it seems that we are asked, as a House, just to let it pass through, even though it is unclear and imperfect. In fact, I have not heard one Member of this House who has spoken already suggest that either the SI or the Windsor Framework is a perfect document—but it is good enough for Northern Ireland.

The noble Lord, Lord Hain, went further, saying that the Northern Ireland protocol—the original protocol—had a glaring democratic deficit. But that is not how it was sold when it came to this House before. In fact, the SDLP, the Alliance Party and Sinn Féin said that it was to be rigorously implemented, with no changes and no negotiation. Yet it has now been acknowledged by His Majesty’s Opposition that it has a glaring democratic deficit, even though, in the previous debate, it was sold as the jewel in the crown for Northern Ireland and we should be very honoured to be given the opportunity to embrace it. I believe that certain Members of this House should blush at how they sold and championed the original protocol when it was debated in our House. This debate, like the framework—

[Lord Hain (Lab)]

I am very grateful to the noble Lord for giving way; I will be brief. I would like to put on record, as I think he knows, that I have consistently said that the democratic deficit should be addressed by giving Northern Ireland Ministers, MLAs and the Assembly as a whole proper accountability for what is going on. The Windsor Framework actually improves that, although I think that there are lots of unanswered questions.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

I thank the noble Lord for his intervention. I must say that that was not how this House sold the original protocol to my colleagues in this House. In fact, we were derided for ever suggesting that we would be opposed to the protocol, even though it is now acknowledged that there is a democratic deficit.

In many ways, this debate, like the framework itself, is something of a sham, because the deed is already done and signed. In fact, we were told that the Government had no intention of heeding any changes that we might decide upon, because, as the Secretary of State said at the weekend, the DUP has

“yet to come to terms with the significance”

of the vote. He added:

“There is no renegotiating of that deal”.


I have heard Members saying that matters should be renegotiated, but the Secretary of State has emphatically stated—as has the Prime Minister—that there will be no renegotiation of the deal. That means that any comments we make at this time in the debate are meaningless, as far as the Government are concerned. I respectfully suggest that seeking to demean the unionist leadership, as the Secretary of State did, does not restore confidence in the good will of this Government, and neither will it assist with the restoration of Stormont. Yes, the vote was taken in the other place, and although your Lordships’ House is supposed to scrutinise legislation and to improve it, if necessary, we were not granted the opportunity to do so.

Northern Ireland (Ministerial Appointment Functions) (No. 2) Regulations 2019

Debate between Lord Hain and Lord McCrea of Magherafelt and Cookstown

Monday 9th September 2019 Lords Chamber

[Lord Hain]

I am very grateful to the noble Lord, with whom I worked very closely in the past as Secretary of State, as he will acknowledge. I understand the specific point he has just made. I was simply making the point that the British Government have to be an honest broker to do this job properly. I would make the same point if it were the UUP or the SDLP—if it had any representation any more—in an alliance with the Government. You cannot be an honest broker if your majority depends on one particular party. That is the point I was making—not an anti-DUP point but one about an honest broker.

[Lord McCrea of Magherafelt and Cookstown]

I thank the noble Lord for his remarks. However, I cannot see how this House—never mind the Government—was an honest broker when it handed two of Sinn Féin’s major demands to it on a plate to ensure that the doors of Stormont would remain closed until after the deadline in October. These two major social issues were the responsibility of the elected representatives of the people of Northern Ireland. This was accepted by all, even the courts.

I certainly want to see the return of devolved government in Northern Ireland. However, I ask the Minister to confirm that the appointments to the various bodies being discussed are internal matters for the people of Northern Ireland and the Government of the United Kingdom and that the internal affairs of Northern Ireland are therefore not the responsibility of the Irish Republic. I have no doubt whatever that there should be the closest co-operation between Her Majesty’s Government and the Government of the Irish Republic—I welcome it—but they should not interfere in the internal matters of the people of Northern Ireland.