Northern Ireland (Ministers, Elections and Petitions of Concern) Bill

Lord Hay of Ballyore Excerpts

2nd reading
Monday 29th November 2021 Lords Chamber

[Lord Hay of Ballyore (DUP)]

My Lords, I join other noble Lords in welcoming the Minister to the Dispatch Box. I have no doubt his experience working in the Northern Ireland Office will have prepared him well for his brief here. I wish him well in his new role.

I broadly support the Bill before us. It reflects what was agreed in New Decade, New Approach, where there was agreement on a wide range of issues. While there may be disagreement regarding some aspects of that agreement, the Bill presents an opportunity for us to strengthen the legislative framework—to make the institutions in Northern Ireland more workable and more stable. Equally, it is the case that the Northern Ireland Assembly is the place for discussion and debate of issues that relate directly to the daily lives of people in Northern Ireland.

If we are to continue to move forward in Northern Ireland, we must continue to try to do so with some form of consensus. We must not repeat some of the mistakes of the past, where decisions were rushed through without much local scrutiny. We must not adopt a half-in, half-out version of the devolved settlement, whereby this Parliament is seen to be changing agreements, passing new legislation or bypassing the sitting Northern Ireland Assembly altogether. Such an approach would lead only to mistrust, discontent and disillusionment and, in the longer term, would only undermine devolution in Northern Ireland.

The noble Lord, Lord Dodds, spoke about the petition of concern in Northern Ireland. As a former Speaker of the Northern Ireland Assembly, I can tell your Lordships that I saw that petition used by all the political parties in Northern Ireland. You would think from some party leaders now in Northern Ireland that they never used the petition of concern; it was only one or two parties. That certainly was not the case while I was Speaker of the Northern Ireland Assembly. It is true that in some instances this mechanism was not used properly, nor as it was originally intended, but it would also be true to say that in many instances it was used purely because on some key issues cross-party consensus could not be found.

The Northern Ireland Assembly and the institutions of government, certainly since St Andrews, were built on the idea of consensus. It would also be true to say that there is certainly room for improvement in respect of this. As the noble Lord, Lord Browne, said, we must remember that the parties of government in Northern Ireland are different not just constitutionally speaking but in that they come from across the political spectrum, from left and right. Any manner of coalition government with parties so different will always be very challenging.

The only way of moving forward and progressing is by getting round the table and finding consensus. The answer is not found by legislating for one party’s wish list, nor by bypassing the Northern Ireland Assembly altogether. The issue we have in Northern Ireland is that we have a party that does not believe in consensus but also believes that if it comes here, it will get what it wants anyway. That is the problem when we try to get consensus in Northern Ireland: we have a party that does not need to reach consensus because it gets what it wants here anyway.

I assure noble Lords that, where an opportunity presents itself to improve the scheme in a fair, balanced and appropriate way, we should take it. Where an opportunity presents itself to improve the quality of debate and discussion in a devolved setting, we should seek to take it. We want a devolved institution that works for all the people of Northern Ireland. We want a Stormont that offers good government to all the people of Northern Ireland.

The current situation, brought about by the Northern Ireland protocol arrangements, is, as ever, deeply regrettable. The protocol continues to damage Northern Ireland economically and constitutionally; I stress “constitutionally” although it has had a serious effect economically as well. The barrier to trade between parts of our United Kingdom damages internal business, lacks cross-community support and fundamentally undermines the core principles that underpin the democratic structures in Northern Ireland. We hold our discussions about changes to our institutions at a time when the future of those same institutions has been threatened by the ramifications of this flawed arrangement.

Only by fully restoring the integrity of the United Kingdom internal market will the political, economic and social stability of Northern Ireland be safeguarded. I say this to the House: do not underestimate the strong feeling that there is in the entire unionist community on the Northern Ireland protocol. We would be fools to try to write that situation off because there is strong unionist opposition to what is going on in Northern Ireland. If the EU insists on imposing a border in the Irish Sea, the Government must fulfil their commitments to protect Northern Ireland and its people. Triggering Article 16 is only a start, and needs to remain a real option. The people of Northern Ireland rightly expect the Government to act decisively on this. Does the Minister agree that the time has now come for decisive action to end the current uncertainty around the Northern Ireland protocol?

[Baroness Hoey (Non-Afl)]

My Lords—oh, sorry, I did not see the noble Lord there.