Northern Ireland: Legacy of the Troubles

Lord Lexden Excerpts

Tuesday 7th May 2024 Lords Chamber

Asked by

[Lord Lexden]

To ask His Majesty’s Government what discussions they have had with the government of Ireland about their approach to addressing the legacy of the Troubles in Northern Ireland since April 1998.

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

My Lords, at the last two British-Irish Intergovernmental Conferences, the Secretary of State and I pressed the Irish Government to co-operate fully with both the Omagh inquiry and the Independent Commission for Reconciliation and Information Recovery to provide information for victims and families who desire it. The Secretary of State also wrote to the Tánaiste in January, challenging the Irish Government’s own approach to addressing legacy issues, including the number of Troubles-related prosecutions brought in Ireland since April 1998.

[Lord Lexden (Con)]

My Lords, are we not entitled to expect that the Irish Republic, which we have always sought to treat in a spirit of good neighbourliness, should take some steps to acknowledge that many terrorist atrocities during the Troubles in Ulster were assisted by the planning that took place in its territory and the refuge it provided to some involved in the most dreadful crimes? How vividly I remember the despair at the constant refusal of extradition requests brought to Airey Neave, as Conservative spokesman on Northern Ireland, long ago when I worked for him. Are we not also entitled to take strong exception to the Irish Government’s decision to bring a case against us in the European Court of Human Rights? Granted that the independent commission to deal with issues arising from the legacy of the Troubles became fully operational on 1 May, under the chairmanship of a most distinguished retired judge, does my noble friend agree that the Irish Government should drop their interstate case and focus on co-operating fully with the new legacy body, setting aside the controversies that surrounded its origins?

[Lord Caine (Con)]

My Lords, I am grateful to my noble friend, who has vast experience of Northern Ireland matters. He makes a number of extremely important points regarding the role of successive Irish Governments during the Troubles. On the interstate case, the Government profoundly regret the decision of the Irish Government to bring this unnecessary and unhelpful case against the UK, particularly when these matters are likely to be dealt with by the domestic courts long before the case ever reaches Strasbourg. For many families, effective information recovery will require the co-operation of the Irish authorities, and the Government therefore encourage the Irish Government to co-operate fully with the new commission to help provide information to families who want it.

Northern Ireland

Lord Lexden Excerpts

Tuesday 27th February 2024 Lords Chamber

[Lord Lexden (Con)]

My Lords, I fully agree with the noble Lord, Lord Bew, that this humble Address to His Majesty deserves our full and enthusiastic support. It provides an excellent summary of the principles that should guide policy towards both Northern Ireland and British-Irish relations.

It is a great pity that these principles have not been followed consistently over recent years. If they had been firmly upheld at all times, we would have been spared much recent misfortune. The interests of the union would not have been compromised during negotiations over the terms of our withdrawal agreement from the European Union. The Government would have resisted the siren voices promoting their own invention: a fully-fledged all-Ireland economy.

Unionists have always championed cross-border co-operation where it would serve the interests of both sovereign states—difficult though it has been for us to forgive the lack of full security co-operation during the Troubles, when our country had an absolute right to expect it from our neighbour. When I worked for Airey Neave in the late 1970s, I think I spent more time on this issue than on any other.

I hope that the principles that this House is endorsing through this humble Address will be noted and remembered in Dublin. Firmly and consistently applied, they will avoid future misunderstanding. The words “joint authority” should be banished from the political vocabulary. The concept is wholly incompatible with the stability and prosperity of Ulster.

The principles, summarised in the words of the humble Address, are fully and faithfully reflected in the Government’s recent Command Paper, Safeguarding the Union, which naturally looms large in this debate. What a remarkable document it is, even though it is not written in the clear, straightforward prose for which British official publications were once renowned. Control of its drafting should have been placed in the hands of my noble friend Lord Caine. He knows how to expound policy in clear English, as his speeches in and outside Parliament demonstrate. Audiences in the United States in particular have benefited from listening to him.

One reason why the Command Paper is remarkable is that it commits Ministers and officials to a huge amount of extra work. They will be rushed off their feet if the document’s many pledges and promises are to be implemented in full. They will also be adding to the labours of businessmen and many others who will be needed to assist the Government’s bold programme of action.

We are promised an outburst of feverish official activity: 24 separate initiatives are summarised in paragraph 43 of the Command Paper which, it states, are to be

“delivered according to an agreed timetable”.

It would be good to have details of this timetable. I cannot find them anywhere in the Command Paper. The list of new initiatives includes new UK Government structures, new UK Government-Northern Ireland Executive structures, an independent monitoring panel, a new internal market assessment in the regulatory impact assessment process, a strengthened independent review of the Windsor Framework underpinned by a statutory duty, the establishment of a new body to be known as “Intertrade UK”, and a UK east-west council which, among other things,

“will drive engagement aimed at developing and sharing existing clusters of excellence”

and

“scope the establishment of a Northern Ireland Hub in London to provide an increased opportunity for Northern Ireland stakeholder engagement”.

The Government’s hectic programme of promised new work does not stop there. There is much more. We can look forward to a “turbocharged Enhanced Investment Zone”, a horticulture working group, better road connections with Great Britain—though there does not seem to be anything about better air services—investment in ports, a twinning programme for schools, a series of papers which

“will evidence the mutual benefits of Northern Ireland’s place in the Union”,

and a review to increase awareness of the Northern Ireland defence sector.

That is by no means a comprehensive list of the measures that are now to unfold. Even on the last page of the Command Paper the cascade continues. We are told that

“a UK Government Sports Minister will visit within the first month of a new Executive to discuss with the Executive how to take forward the prompt and effective delivery of the Sub-Regional Football Stadia Strategy”

My noble friend Lady Hoey once held the post of Sports Minister. I hope the present incumbent is acquitting himself with the same vigour—a vigour which, as all her speeches show, remains undiminished.

While wondering a little sceptically whether all that has been promised in the Command Paper will actually be accomplished, every unionist in Northern Ireland itself and elsewhere must rejoice that so much action is now contemplated to safeguard the Union, and all of it will benefit the people of Northern Ireland as a whole, whatever their political persuasion.

The numerous commitments that have now been given will enable the Government to carry conviction when they set out, as they undertake to do on page 72 of the Command Paper, to make

“unashamedly ... the positive case for Northern Ireland’s integral place in the United Kingdom”.

Yet it should never have become necessary for a Government drawn from the Conservative and Unionist Party to make such a declaration. Robust defence of the union should be their unchanging core characteristic. Sadly, it has not been. That is what happens when someone such as Mr Boris Johnson is given charge of our country’s affairs. The Conservative and Unionist Party has ground to make up.

We unionists will not go far wrong if we stick to the precepts of the great Lord Castlereagh, the principal architect of the Act of Union, who gets a mention in the Command Paper. At the time of his death in 1822, the Duke of Wellington’s brother described Castlereagh as a man whose life had been

“most favourable to all the just views and interests of our Roman Catholic fellow subjects, and most practically beneficial to the general welfare, happiness and prosperity of Ireland”.

The new spirit of zeal which the Command Paper is designed to instil into the Government of Northern Ireland is not yet apparent here in London. I recently had the great good fortune to become a member of the European Affairs Select Committee’s Sub-Committee on the Windsor Framework. Ministers are, at the moment, taking far too long to reply to the urgent matters that the sub-committee brings before them. When replies do come, they tend to be incomplete or evasive. We are fortunate to have a chairman, the noble Lord, Lord Jay, who constantly reminds Ministers of their duties to us.

I end where I began by praising the words of this humble Address. It might perhaps have been even better with the addition of an extra sentence. Would it not have been appropriate for us to express our thanks to His Majesty and members of the Royal Family for their unswerving commitment to all the people of Northern Ireland, and for their contribution to British-Irish relations? A list of the engagements they have carried out in Northern Ireland and the Irish Republic would be of formidable length. So many communities of all kinds, and so many individuals within them, will have cause to remember the interest that a royal visitor took in them, often assisting them in circumstances of grave distress. It is a record of service that has undoubtedly meant a great deal to that portion of our country for whose greater stability and prosperity we must all strive.

Northern Ireland Budget (No. 2) Bill

Lord Lexden Excerpts

2nd reading & Committee negatived & 3rd reading
Thursday 14th September 2023 Lords Chamber

[Lord Lexden (Con)]

My Lords, I owe a great deal to the personal kindness of the Brookeborough family over many years, including the current noble Viscount, his father and his grandfather. I am particularly glad to follow the noble Viscount, who has given such service to Northern Ireland, particularly when the security situation was at its most difficult. I listened with great enjoyment to his vigorous contribution to the debate.

I speak, as always, as an unwavering supporter of Northern Ireland’s role in our country, which is of such importance to us all. Exactly a century ago, a new unionist Prime Minister took office in Westminster. In May 1923, Andrew Bonar Law was forced to resign because of the cancer that was to kill him the following October; Stanley Baldwin was the new unionist premier. Bonar Law, the only British Prime Minister with an Ulster family background, had devoted himself to protecting the interests of the newly created Northern Ireland; Baldwin was no less diligent.

Bonar Law had ensured that Northern Ireland had the resources and support that it needed to defeat the murderous assault that the IRA mounted against it in 1922. Baldwin helped to safeguard Northern Ireland’s territorial integrity when an independent commission considered whether its boundaries should be revised.

Unionism is more important than Conservatism. I rather wish the party had retained the name that it used proudly a century ago, instead of elevating its Conservative element. As the Unionist Party, it would have retained at its very heart an absolutely overriding sense of responsibility for the varied interests of all parts of our union. I think it is unlikely that Mr Boris Johnson would have become leader of an organisation called the Unionist Party, since he cared nothing for the union, as he showed with his infamous betrayal of Northern Ireland four years ago—the immediate cause of the discontents and difficulties that have assailed our fellow country men and women in Northern Ireland ever since.

It is evident that the Government do not believe that the difficulties and discontents can be brought to an end simply through the restoration of the devolved Assembly and Executive—it will represent just the beginnings of their resolution. Acute financial problems, highlighted in the legislation before us today and mentioned so frequently in the debate, will have to be overcome if Northern Ireland is to have the fully functioning Executive to which reference is so often made—fully functioning in the sense that it works efficiently and successfully.

Speaking in the Second Reading debate on this Bill in the Commons, the Secretary of State for Northern Ireland said:

“Successive former Executives have failed to make the strategic decisions required to put the public finances on a sustainable basis”.—[Official Report, Commons, 10/7/23; col. 101.]


It is of course the duty of our national leaders to ensure that the public finances of Northern Ireland gain the stability that good government within the union requires. The task is formidable indeed.

Earlier this year, we were helped to understand why by the noble Baroness, Lady Foster, a personal friend from long ago when I was closely involved in an organisation called the Friends of the Union. Speaking on 7 February, the noble Baroness, Lady Foster, told us that

“no Sinn Féin Minister of Finance has ever succeeded in presenting a Budget which other parties could support … Finance Ministers have to look for support and consensus on the Budget that they bring forward. Every other coalition Finance Minister was able to achieve that, but no Sinn Féin Minister was able to”.—[Official Report, 7/2/23; col. 1183.]

Has Sinn Féin turned over a new leaf since then? Has it undertaken to observe the financial disciplines that are essential for good government? I sometimes think that in this House, we give insufficient attention to the stresses and strains that the involvement of Sinn Féin creates in the administration of Northern Ireland. It is not a conventional political party at all: it is part of a movement dedicated to achieving, by one means or another, the dismemberment of our union, our country. The successful administration of Northern Ireland’s public affairs is unlikely to hold much appeal to Sinn Féin: it is dedicated to the destruction of Northern Ireland.

Every unionist will always insist that Northern Ireland must enjoy all the benefits of being part of our union. I listened the other day to our Health Minister, my noble friend Lord Markham, who touched on the importance of change within the NHS. He said:

“Without a doubt, we have to make productivity improvements and look to technology, AI and all the things we can do to improve output”.—[Official Report, 12/9/23; col. 780.]


I thought to myself that Northern Ireland must have these things, too—in fact, there is no part of our country where they are needed more than in Northern Ireland, where the health service has suffered so seriously in recent years, as we heard from the noble Lord, Lord Alderdice, in his boisterous contribution, and from others. It is tragic to think that health and the other great public services immediately cease to have democratic oversight when devolution falters. Elsewhere in the union, these services form part of local government. In Northern Ireland alone, they have been merged with devolved institutions.

It is axiomatic among unionists that Northern Ireland should enjoy good relations with the Republic of Ireland, in the interests of both of them. But it is crucial, if good relations are to be maintained, that the union is given proper respect at all times by Irish politicians. That is surely incompatible with the suggestion made recently that the Irish Government should be given an enhanced role in the affairs of Northern Ireland, including consultation over its budget. Perhaps this extraordinary suggestion reflects Mr Varadkar’s belief that Ireland is on the path to unification. That republican delusion is nothing new, but its repetition at a time when great efforts are being made to restore the devolved institutions in Northern Ireland jeopardises the good relations which unionists want.

Windsor Framework (Democratic Scrutiny) Regulations 2023

Lord Lexden Excerpts

Wednesday 29th March 2023 Lords Chamber

[The Earl of Kinnoull (CB)]

My Lords, a plethora of issues between the UK and the EU are currently unresolved and in cold storage due to the impasse over the Ireland/Northern Ireland protocol. If resolved, many, if not all, of these issues would give mutual benefits to both sides. The trade and co-operation agreement has 24 committees, one of which is the very powerful Partnership Council, which would approve the output of the other 23, which are staffed not by politicians but largely by officials. The agendas and minutes of those committees are public, and I have observed before that they are operational but not really operating, held back by the cold hand of the protocol impasse.

I cite one example in particular: Horizon Europe. The European Affairs Committee has been active in trying to persuade the parties of the mutual benefit of co-operation in science, research and innovation—in short, that Horizon was a win-win for both sides. In response to the committee’s March 2022 letter advancing this point, respected EU Commissioner Gabriel wrote, in April last year, that

“the current political setting of this relationship should be recalled: there are at present serious difficulties in the implementation of the Withdrawal Agreement”.

She went on to discuss the impasse:

“We look forward to a prompt resolution, and to the enhanced cooperation in research, space and other areas with the establishment of the association to Union programmes, including Horizon Europe.”


This is a polite, frank and clear expression of the wider impasse effects.

While our sister sub-committee, the Protocol on Ireland/Northern Ireland Sub-Committee, is looking at the specifics of the Windsor Framework agreement and is in the process of taking evidence, as my noble friend Lord Jay laid out very clearly, the European Affairs Committee has for a long time been well aware of the wider benefits to both sides that would accrue from the resolution of the protocol impasse. It is in that spirit that I fully support the statutory instrument and will vote against the fatal amendment.

Finally, can the Minister inform the House of what discussions are currently under way about the accession to the Horizon Europe programme?

[Lord Lexden (Con)]

My Lords, we should recognise that it is entirely understandable that the Democratic Unionist Party should find it impossible to support the Windsor Framework in its current form. It was betrayed by Boris Johnson in 2019, and it is natural that it should seek a complete reversal of that betrayal. In the Northern Ireland elections last year, it set out fully the tests against which it would judge any proposals to deal with the acute problems created by the Northern Ireland protocol. The party has examined the Windsor Framework carefully against its tests and concluded that it does not meet them all.

At some point, the DUP itself will be tested—at the ballot box, when the next elections take place in Northern Ireland. Those elections will show whether the party has correctly interpreted the wishes of that part of the electorate which supports it. In the meantime, the Windsor Framework will be implemented, and our country—our union as a whole—will be able to judge its efficacy. Surely that is the right way to proceed. Our Prime Minister conducted the negotiations which led to the framework with immense tenacity and skill, showing a mastery of detail that we have not seen in a holder of his office for quite some time.

Let us see what the implementation of the framework brings. It may show that further change is needed. In that case, the astute negotiator in No.10 will have further work to do. For now, let us rejoice that, surely, there are grounds for satisfaction that Northern Ireland’s union with the rest of the country is infinitely stronger than it was just over a month ago, before the Windsor Framework was agreed. It is a compromise, of course—just like the Belfast agreement 25 years ago.

[Lord Hain (Lab)]

My Lords, I agree with the noble Lord’s last point. I congratulated the Prime Minister on the Windsor Framework when it was discussed the other week, and I repeat now that I think it was an outstanding achievement which can lead to great progress with the European Union on Northern Ireland’s behalf. I also salute the work of the Secretary of State in that respect.

I cannot support the fatal amendment to the Motion. I supported, and continue to support, the Windsor Framework as improving and amending the protocol in a way that is beneficial overall to Northern Ireland, and as a way of making the consequences of Brexit for Northern Ireland and the Good Friday agreement less disruptive than they were always going to be. I thank the Minister for the letter he sent us a few days ago on the security situation in Northern Ireland. However, I worry about the vacuum that has opened up because politics are not functioning; when politics do not function in Northern Ireland, darker forces move in.

Having said that, a lot of the detail of the Windsor Framework is still unclear. I will ask a series of questions about it, which I hope the Minister will be able to answer. In that respect, I acknowledge the lecture by Professor Katy Hayward of Queen’s University Belfast to Birkbeck College on 23 March 2023 for raising many questions that need answering. Questions have also been raised by the former director-general of international relations at the Executive Office for Northern Ireland, Dr Andrew McCormick, in his evidence to the Protocol on Ireland/Northern Ireland Sub-Committee meeting on Wednesday 22 March. I followed the excellent speech by the chair of that committee, who conducts the proceedings with great expertise and empathy among a very diverse series of members.

Dr McCormick pointed out that the requirement under this statutory instrument for a Northern Ireland Assembly cross-community consent vote on applying new EU law in Northern Ireland could enable a minority in the Assembly to take Northern Ireland out of the EU single market if the EU deemed the law essential to its functioning but the Assembly minority objected. Can the Minister say whether he agrees with Dr McCormick and, if he does not, in what way Dr McCormick’s view might be wrong?

Can the Minister assure us that the potential ramifications of this statutory instrument have been properly considered, and in full? Professor Hayward has asserted that the operation of the mechanisms it contains could reshape the legislative landscape in Northern Ireland, increase tensions between the parties in the Assembly, hinder the effective operation of the institutions of the Assembly and their public accountability, and bring some disturbance to relations across all three strands of the agreement, as well as United Kingdom-European Union relations.

Northern Ireland (Executive Formation and Organ and Tissue Donation) Bill

Lord Lexden Excerpts

2nd reading
Monday 27th February 2023 Lords Chamber

[Lord Lexden (Con)]

My Lords, I am glad to follow that interesting and carefully considered speech by my noble friend Lord Dodds. There is widespread agreement that the interests of our fellow country men and women in Northern Ireland would not be served by another election in the present circumstances, and what is happening today must reinforce that view. This Bill is entirely appropriate, and there can be no objection to its rapid progress through both Houses. The legal position must be regularised.

But, of course, it is painful to contemplate a further period in which the Northern Ireland departments will not be under ministerial control. Northern Ireland civil servants who continue to administer departmental affairs deserve the highest praise, but as we all know, they labour under serious constraints. Policies agreed by Ministers before their departure cannot be amended; spending plans cannot be adjusted in response to changing needs. It is truly tragic and heartbreaking to hear of the ever-growing problems affecting the great public services in Northern Ireland. Hospital waiting lists spiral to extraordinary lengths, and standards in Northern Ireland’s schools—some of the finest in our country—are under severe threat.

Serious consideration should surely be given to a major programme of reconstruction and reform when devolution is restored. Would there not be merit in undertaking such a programme in close partnership with the Northern Ireland Office—indeed, with the United Kingdom Government as a whole?

Funding will, as always, be a central issue; so will the full and successful incorporation in the great public services—the NHS in particular—of all the latest digital and other remarkable advances that are transforming today’s world. I listen to what our Health Minister, the noble Lord, Lord Markham, says about the plans that are unfolding for the long-term benefit of patients in the NHS in England, and I think, “Ulster should have that, too.” Northern Ireland must enjoy the full benefits of the union, and that will not happen without a close partnership between it and the rest of the union.

The imponderable factor in all this is the attitude of Sinn Féin. There have been—and will almost certainly continue to be—great difficulties securing Sinn Féin’s successful involvement in the devolved institutions. It is shocking that a Sinn Féin Finance Minister should set irresponsible budgets that the Northern Ireland Assembly turns down. Yet it is hardly surprising. Sinn Féin’s goal is not a secure and flourishing Northern Ireland within our union, but its absorption by one means or another into another state.

Unionism, which expresses the wish of Northern Ireland’s majority, exists to stop that happening. It needs reinforcing to enable it to go on succeeding in its historic aim, so that we can continue to confound those who have said throughout my lifetime that Northern Ireland’s departure from the union is inevitable.

As someone who thinks of himself as a unionist first and Conservative second, I want to see a reversal of the betrayal that took place in 2019. Mr Boris Johnson said that there would not be a border down the Irish Sea and then created one. He presented himself as the person who would restore full sovereignty to the United Kingdom and then left one integral part of it subject to laws made in the European Union. What kind of unionist is that? Real, responsible unionists throughout the country—not just in Northern Ireland but everywhere—should look for a settlement that puts a decisive end to the weakening of the union for which Mr Johnson was responsible.

Last week, Jeffrey Donaldson said:

“The wrong deal will not restore power-sharing, but will deepen division for future generations.”


For the sake of Ulster today and for future generations in which divisions lessen and not deepen, our country needs a settlement that will, in the words of the Conservative manifesto at the last election, help sustain

“a proud, confident, inclusive and modern unionism that affords equal respect to all traditions and all parts of the community”.

Postponement of Local Elections (Northern Ireland) Order 2023

Lord Lexden Excerpts

Wednesday 22nd February 2023 Grand Committee

As I said at the start, I very much welcome this draft order. I hope that all the people, not only in Northern Ireland but across the United Kingdom, can get involved and enjoy the Coronation of King Charles III.

[Lord Lexden (Con)]

My Lords, my noble friend Lord Caine at the outset referred to Lord Randolph Churchill. He was not the kind of person to have around at the time of the Coronation. The Royal Family did not much care for him, and many in his own party did not much care for him. He was a trouble-maker; we have a certain number of those in the Conservative Party today. The heritage of Lord Randolph Churchill is not something to be carefully safeguarded.

Of course, it is imperative that nothing impedes the celebration of the Coronation in Northern Ireland. It must be enjoyed exactly the same, to the full extent, as in the rest of the United Kingdom. I agree so much with what the noble Lord, Lord Murphy, said about our monarch’s long-standing interests in so many different aspects of life in Northern Ireland, including buildings, architecture and community arrangements. He has a wide range of interests that will be reflected in his continuing interest there. I hope we can look forward to a Coronation visit to Northern Ireland, and to other parts of the United Kingdom, in conformity with past precedent. God save the King.

[Lord Caine (Con)]

My Lords, I am grateful to all those who have participated. I put on record that we have spent three times as long as the House of Commons scrutinising this order—which is testimony, again, to the rigour and diligence with which your Lordships undertake your scrutiny duties.

I am grateful to everybody for their support for this statutory instrument. The noble Lord, Lord Murphy, referred to the complexity of the single transferable vote. We all know why it is used in Northern Ireland. I would not like to see it inflicted on any other part of the United Kingdom at all—I am sorry if that upsets the noble Baroness, Lady Suttie, and the Liberal Democrats. It is a very complicated system, and that is obviously one of the reasons, as I set out in my opening comments, why this order is necessary.

The noble Lord also referred to His Majesty’s interests in Northern Ireland, as my noble friend Lord Lexden echoed. I concur very much with what was said in that regard. Throughout the time I have been involved in Northern Ireland affairs, both when he was Prince of Wales and now as our King, he has had a huge affection for and deep interest in Northern Ireland and its affairs.

I can also assure noble Lords that the Northern Ireland Office is currently in discussions with DCMS and other government departments to ensure that the Coronation will be as accessible to as many people as possible in Northern Ireland who wish to celebrate it—and, of course, I echo the words that I hope that the overwhelming majority of people will enjoy the Coronation in welcoming what will be a hugely important and historic occasion in our history.

I join others in expressing some disbelief that the noble Lord, Lord Browne of Belmont, is old enough to remember the Coronation of Her late Majesty Queen Elizabeth II, but I will take his word for it. On the noble Lord’s point about digital registration, this is a security-related measure but I can assure him that the Northern Ireland Office does keep the matter constantly under review.

The noble Lord also looked for an assurance that the position of Chief Electoral Officer for Northern Ireland will be filled. He is right to say that the post has been advertised, and the process is now well under way, with a number of applications. We are confident that the post will be filled in good time before the election so that there will be continuity within that office.

The noble Lord, Lord Hay of Ballyore, asked about overnight voting. The current position is that the legislation actually prevents the count starting until the following day. As the process is very complex and lengthy, as we have discussed, it has long been felt that it is not ideal to start the count overnight, although verification of unused ballots does take place overnight to ensure that the count can start in good order on the Friday morning. I am not entirely sure that he is right —I will have to check—that all local government election counts in England take place overnight; I think that in my own area, in Leeds, they start on the following morning, but I will check. In the past, security considerations have been paramount when it came to overnight counts in general elections, but in recent general elections in Northern Ireland we have had overnight counting just as in the rest of the United Kingdom. I will check on the point, but as things stand the legislation prevents the counts beginning in Northern Ireland until the following day.

With that, I think I have responded to all the points made; no, I see that my noble friend Lord Lexden is going to contradict me.

[Lord Lexden (Con)]

Does my noble friend have any information on an official Coronation visit to Northern Ireland of the kind that Her late Majesty paid in 1953?

[Lord Caine (Con)]

I do not have anything that I can confirm at the moment, although I think that Coronation visits are very well-established in history. When I was in Fermanagh a couple of weeks ago, I passed Castle Coole, which my noble friend will be aware is famous for having a bed that was supposed to be occupied by King George IV on his Coronation tour of Ireland—unfortunately, he never turned up and the bed remained unslept in. The point is that Coronation tours of all parts of the United Kingdom are a very well-established tradition, but there is nothing that I can confirm to my noble friend at this time.

On which note, I will concur with my noble friend in his concluding remarks, “God save the King”, and I commend the order to the Committee.

Omagh Bombing

Lord Lexden Excerpts

Thursday 9th February 2023 Lords Chamber

[Lord Caine (Con)]

I am grateful to my noble friend, who makes a very important point. Of course, the inquiry will be established and set about its work, which it will do thoroughly, and in due course a report will be published. My noble friend makes a hugely important point about the security forces. We all acknowledge that mistakes were made in the course of Operation Banner; I speak as somebody who helped to write David Cameron’s Statement in response to the Saville inquiry in June 2010. However, as I have always maintained, over the course of 30 years, over 250,000 people served in the security forces and the overwhelming majority did so with great bravery, distinction and restraint. I put on record again that, without the service and sacrifice of the Royal Ulster Constabulary George Cross and our Armed Forces, there would have been no peace process in Northern Ireland, and we owe them a huge debt of gratitude.

[Lord Lexden (Con)]

My Lords, I remember that terrible day, in particular because I received a telephone call from the office of the then Prince of Wales to check a small historical point with me. It was borne in upon me, as I spoke to one of his Private Secretaries, how deeply the then heir to the Throne was affected by the news of this awful atrocity. I place this before the House today so that Members are aware of how deeply our now monarch felt about that quite dreadful atrocity.

[Lord Caine (Con)]

I am very grateful to my noble friend for bringing that point to the House, and it certainly concurs with the experiences of myself and the Secretaries of State for whom I have worked, who will all attest to His Majesty the King’s huge personal interest in, and affection for, Northern Ireland.

Northern Ireland (Executive Formation etc) Bill

Lord Lexden Excerpts

2nd reading
Monday 5th December 2022 Lords Chamber

[Lord Lexden (Con)]

My Lords, it is great to have among us another unionist from Northern Ireland—a man who addressed us so well in his maiden speech and brings, as we have heard, a fine record of achievement from his work in the Assembly. Along with all other noble Lords this afternoon, I welcome him most warmly.

In reflecting over the last few days on the matters which are the subject of this debate, I kept coming back to one simple thought: the Government of the United Kingdom have an inalienable duty to provide as effectively as possible for the administration of public affairs in Northern Ireland, as our fellow country men and women there are entitled to expect. That duty must be discharged in all circumstances. Today, as we know all too well, the circumstances are extremely difficult, as they have been on other occasions in the recent past. Indeed, it is an illusion to suppose that difficulties are ever likely to be remote or easy to overcome in the immediate future. There are so many possible sources of strain and tension.

How can it be otherwise when politicians whose fundamental constitutional objectives are diametrically opposed—not just different but in total conflict—have to find ways of coming together to satisfy the terms on which devolved power can be exercised, and so provide the people of Northern Ireland with the kind of government over their local affairs that most of them so clearly want? Back in 1998, few imagined that Sinn Féin would become, and remain, the principal party with which unionist politicians would have to try and co-operate in order to make devolved government work. When I ask myself what I would do as a unionist in such circumstances, I do not find it easy to imagine myself supporting a regime that included Sinn Féin. I greatly esteem fellow unionists in Northern Ireland for their willingness to set aside severe differences in the interests of the people of Northern Ireland as a whole.

Frankly, it is hard to feel confident that the current breakdown of devolution will be the last. That is why Great Britain’s union with Northern Ireland needs to be strong and effective, capable of taking the swift decisions that are always going to be required in response to severe difficulties when they arise. The decisions will often tend to cause irritation to one party, one community or another, underlining the need for a strong union that can cope robustly with criticism as it seeks to safeguard the interests of our fellow country men and women in Ulster within the constitutional framework that the majority of them support. That support needs to be enlarged. More young unionists are needed, and more of them from families that have traditionally seen a unionist vote as incompatible with their identity. A strong union that seeks to create a shared future for all the people of Northern Ireland will attract new support for the cause that it embodies.

This legislation, which is very much in the mould of earlier provisions brought forward to deal with previous difficulties, responds to the latest turn of events in Northern Ireland, which causes the greatest distress to all of us. My noble friend the Minister will, I am confident, want to ensure that the legislation is implemented as successfully as possible during the period that it remains in force. I doubt that anyone understands better than he does how a strong union should operate to the benefit of all parties and all communities in Northern Ireland, not just politically but socially and economically.

This legislation will provide a fresh opportunity for this Conservative Government to demonstrate that its party meant what it said in its 2019 manifesto: we stand

“for a proud, confident, inclusive and modern unionism that affords equal respect to all traditions and parts of the community.”

The Conservative and Unionist Party used to refer rather less respectfully to other traditions when it was created 110 years ago through the amalgamation of the Tories and the Liberal Unionists who had deserted Gladstone over his scheme for Irish home rule in 1886, which rode roughshod over the unionist community. Over the years, the party has adapted its position in response to changing circumstances, displaying a fundamental aspect of its character that has brought it much success generation by generation.

For my part, I have one chief regret about this Bill and other pieces of legislation that have been rendered necessary by breakdowns of devolution, which I have mentioned in this House before. They introduce no arrangements to preserve the democratic accountability of the great public services: education, health, housing and social services. All are damaged—in some cases severely, as we heard from the noble Baroness, Lady Ritchie—when devolution falters.

Stormont is Northern Ireland’s upper tier of local government as well as its devolved legislature. In that, it is unique. Scotland and Wales have systems of local government as well as devolved legislatures. Why cannot arrangements be devised to enable Members of the Assembly to continue scrutinising public services and working together on behalf of the people they have been elected to serve when devolution is in abeyance? Why should local government functions be deprived of democratic oversight when the devolved powers cannot be exercised because the political parties are in disagreement on matters that are unrelated to local government?

Responsibility for the current impasse in Northern Ireland lies chiefly at the door of one person: Mr Boris Johnson. I criticised him when he was in power and continue to do so. He said there would not be a border down the Irish Sea, and then promptly created one. He presented himself as the person who would restore full sovereignty to the United Kingdom, and then left one integral part of it subject to laws made in the European Union. What kind of unionist is that? The current Government have no more important task than the resolution of the huge difficulty Mr Johnson left them. In the past, the intervention of Prime Ministers has been required to resolve acute difficulties: Lloyd George in 1921 and Tony Blair in 1998. The current Prime Minister should surely consider the case for following their example.

Exactly 100 years ago this month, the legislation granting self-government to 26 counties of Ireland completed its passage through this House. The legislation was introduced by a Liberal Prime Minister of a coalition Government, David Lloyd George. It reached the statute book under his successor, Andrew Bonar Law, a man of Ulster Scots background and the strongest unionist ever to be a Conservative Prime Minister. They could not have imagined the warmth that infuses Anglo-Irish relations today as two sovereign Governments work together as partners. Some say the Irish Government should exercise joint authority over Northern Ireland. It is hard to think of a policy more calculated to increase instability in that part of our country. Bonar Law stood for a strong union, binding Northern Ireland to the rest of our country. His political heirs today should do the same.

Northern Ireland Protocol Bill

Lord Lexden Excerpts

Committee stage
Wednesday 2nd November 2022 Lords Chamber

Clause 14 agreed.

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

In Clause 15, Amendment 24, just for a change, Lord Purvis of Tweed.

Clause 15: Changes to, and exceptions from, excluded provision

Amendment 24

Moved by

Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022

Lord Lexden Excerpts

Monday 5th September 2022 Grand Committee

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I support this very technical order. Like the noble Lord, Lord Murphy, I make a plea yet again for negotiation between all parties and both Governments to get the institutions up and working to look at the areas where there are problems or impediments, including in the protocol, and any other issues.

The most important thing that the people of Northern Ireland require is a functional Government who are delivering for all of us on health and social care, the economy, infrastructure and job creation. In relation to this, I agree with the noble Lord, Lord Murphy. There are chronic waiting lists in Northern Ireland for specific disciplines. There are also waiting lists to get on to waiting lists, which can cause such consternation for individuals who are ill. That has been the situation for quite some time.

I do not disagree with the assimilation of the Health and Social Care Board into the Department of Health and the five health trusts. As a former MP I had experience of dealing with the Health and Social Care Board and the health trusts. I could never fully understand or appreciate the difference in their workload, because the health and social care board commissioned the services and acted as the prescriber of what services were required. Notwithstanding that, that is a job better done by the Department of Health.

In relation to that, maybe the Minister would have talked to the current caretaker Minister, Minister Swann, who served as Health Minister for the last nearly three years, about what savings are projected from the assimilation of the Health and Social Care Board into the department and trusts. Will those savings be ploughed back into the delivery arm of the trusts so that people can access services in the medical and clinical areas to which they are entitled?

[Lord Lexden (Con)]

When my noble friend comes to reply, could he give the Committee an impression of whether the problems with the health service in Northern Ireland, although very considerable, have deepened yet further during this unfortunate period, which strengthens the reasons why we want devolution back?