Northern Ireland: Operation Kenova

Lord Lexden Excerpts

Thursday 14th July 2022 Lords Chamber

[Lord Lexden (Con)]

My Lords, was not my noble friend right to remind us of the anniversaries of terrible terrorist atrocities in order to keep proper perspective on these matters? I speak as one who was not far from the Oxford Street bus station in Belfast just after 3 pm on 21 July, 50 years ago, when an IRA car bomb killed six people and injured nearly 40. Is it not one of the objectives of terrorists and their sympathisers to try to rewrite history, to draw attention away from their evil deeds? Is it not the duty of all of us to ensure that they do not succeed?

[Lord Caine (Con)]

I agree entirely with my noble friend. It is worth remembering that, on the day in question, some 20 bombs were exploded in the space of about 80 minutes in the centre of Belfast, killing nine people and injuring 130—it was utterly horrific. My noble friend is correct to highlight the attempt by some to rewrite history. We have seen over recent years, I am afraid, a pernicious counternarrative of the Troubles, which tries to place the state at the heart of every atrocity, denigrates the contribution of the police and our Armed Forces, and seeks to legitimise terrorism. We should strongly resist that.

Identity and Language (Northern Ireland) Bill [HL]

Lord Lexden Excerpts

Report stage
Wednesday 6th July 2022 Lords Chamber

[Lord Lexden (Con)]

My Lords, I thank my noble friend. His amendment represents a very satisfactory response to the probing amendment that I moved in Committee alongside a similar amendment in the name of unionist noble friends. He reminded the House of the historical background, which we went over quite thoroughly in Committee, so I will not repeat it, following his example. I hope that the new foundation will conduct its work in ways that enrich and enlarge understanding, of the unionist tradition in particular, and help to increase support for unionism in all parts of the community in Northern Ireland. That is something that Viscount Castlereagh himself would have wanted.

[Lord Morrow (DUP)]

In Committee, in deference to the excellent speech on the amendment tabled by the noble Lord, Lord Lexden, I withdrew my amendment. However, I welcome what the Minister has said here today.

--- Later in debate ---

[Baroness Suttie (LD)]

My Lords, on Monday I had an extremely useful meeting with Ian Crozier of the Ulster-Scots Agency. Although I cannot support these amendments, they do raise some very important points, as the noble Lord, Lord Murphy, just said.

The Bill as drafted places a duty on public authorities to have “due regard” to the Irish language commissioner, as has been discussed, but creates no such duty in respect of the commissioner responsible for Ulster Scots and the Ulster-British tradition. This is therefore causing some lack of trust and some concern. This difference of approach was not specifically set out in New Decade, New Approach, which suggested that both commissioners should be treated the same way on this point.

Will the Minister respond to the fears that have been expressed in the debate and, indeed, by the Ulster-Scots Agency that treating the two commissioners differently through this legislation risks undermining the credibility of one of the commissioners? Like the noble Lord, Lord Murphy, did, I ask whether the Minister has already met the Ulster-Scots Agency. If not, will he do so and listen directly first-hand to its very real concerns?

[Lord Lexden (Con)]

My Lords, like other speakers, I have very considerable sympathy for the views that the noble Lord, Lord Morrow, expressed. I urge my noble friend the Minister to keep the key words “parity of esteem” constantly in mind. That is the heart of the matter. I hope he will indeed reflect further, as he has been encouraged to do. It really would be a tragedy not to do all that is possible to allay the considerable misgivings with which this legislation is currently viewed by many unionists in Northern Ireland.

[Lord Dodds of Duncairn (DUP)]

My Lords, following on from the noble Lord, Lord Murphy, I hope the Minister will remain in his place, because he brings a large degree of experience and knowledge to the situation. I certainly hope he can continue in his post for as long as possible.

I welcome what the noble Lord, Lord Murphy, and the noble Baroness, Lady Suttie, said about these amendments. There are two issues. The first is parity of esteem, as the noble Lord, Lord Lexden, said. This legislation has been very controversial and it no doubt will be. It must be implemented with people feeling that they are being treated equally. I was involved in some of the negotiations and if anyone had suggested at the time that the New Decade, New Approach agreement meant that there would be this difference in duty, it would never have been agreed on that basis. It is clear that the two should be treated equally, with the same duties on public authorities regarding each of them. I echo the calls for this to be considered further before it gets to the other place.

Secondly, if we are talking about reflecting accurately the NDNA agreement—we will come on to this with more significant clauses later in the Bill—it is important that there is not a piecemeal approach. If NDNA is to be faithfully replicated and the duty is placed on public authorities with regard to the Irish language commissioner, then we either have Amendment 4A, which would take it away from the Irish language commissioner, which I do not wish to see happen, or we have Amendment 17, which would make it an equal approach. That is something the Government should think about very seriously, in the interests of boosting confidence and giving reassurance.

Identity and Language (Northern Ireland) Bill [HL]

Lord Lexden Excerpts

Committee stage
Wednesday 22nd June 2022 Grand Committee

Moved by

[Lord Lexden]

9: After Clause 1, insert the following new Clause—
“Castlereagh FoundationThe Secretary of State must establish and provide funding for the Castlereagh Foundation, as contained in the New Decade, New Approach Deal.”

[Lord Lexden (Con)]

My Lords, I am glad to find myself in the company of unionist noble friends in this group of two amendments. Mine is a probing amendment.

Reading the New Decade, New Approach document, to which the Bill owes so much, my ageing unionist and historian’s eyes alighted on a reference in paragraph 25, on page 49, to the establishment of a Castlereagh foundation. “How very satisfactory,” I thought, “that an institution is to be set up bearing this famous name.” Viscount Castlereagh, later the second Marquess of Londonderry, was the younger Pitt’s right-hand man in bringing about the Act of Union 1801. After his death in distressing circumstances exactly 200 years ago, his coffin was placed next to Pitt’s in Westminster Abbey. He is the subject of a brilliant biography by Professor John Bew, a man not unconnected with our own dear noble Lord, Lord Bew.

Pitt and Castlereagh united Great Britain and Ireland under the Westminster Parliament, but they were prevented from accomplishing their full ambitions. Alongside the Act of Union, they wanted to establish equality of citizenship between Catholics and Protestants throughout the newly created United Kingdom, through what is known in the history books as Catholic emancipation. King George III stopped them. The course of subsequent history might have been different if Catholics had had their sense of injustice addressed in 1801, as the two great architects of the Act of Union had intended.

I am, for these reasons, naturally keen to know more about the proposed Castlereagh foundation. New Decade, New Approach is not very forthcoming; it states only that the Government will provide the necessary funding to establish the foundation, which will

“support academic research through Universities and other partners to explore identity and the shifting patterns of social identity in Northern Ireland.”

--- Later in debate ---

[Lord Caine (Con)]

My Lords, it is a great pleasure to respond to the speeches that have been made on this group of amendments. I thank, in particular, my noble friend, Lord Lexden and the noble Lords for the DUP for tabling the amendment. It is hard for me to add a great deal to what my noble friend Lord Lexden said about Castlereagh. A few weeks ago I had the great privilege of spending two or three hours at Castlereagh’s childhood and family home, Mount Stewart in County Down. For noble Lords who have not been, the restoration carried a few years ago by the National Trust is outstanding. It is impossible to leave Mount Stewart without being very conscious of the towering contribution that Castlereagh made to Irish, British and European history and politics. I concur with everything that my noble friend Lord Lexden said about Castlereagh, Pitt and the union. I think I am right in saying—he will correct me if I am wrong—that the Catholic hierarchy at the time welcomed the Act of Union on the understanding that Catholic emancipation would be delivered, and I agree that it is one of the great tragedies of history that what was the right measure in 1800 was not accompanied by those measures which were blocked by King George III. I also concur with every word that has been said about Professor John Bew’s outstanding biography of Castlereagh, which I read a number of years ago. It managed to fill quite lot of time on flights between London and Belfast at the time of the Stormont House agreement.

My noble friend also referred to Field Marshal Sir Henry Wilson, who was murdered by republicans on this day 100 years ago. I had the great privilege this morning of attending a ceremony in the Chamber of the House of Commons where the Speaker, Sir Lindsay Hoyle, unveiled a plaque to the former Member of Parliament for North Down.

On the amendment, I can assure noble Lords that the Government are committed through New Decade, New Approach to fund the establishment of the Castlereagh foundation. It is envisaged that the foundation will explore matters of identity, which my noble friend Lord Empey raised, and the shifting patterns of social identity in Northern Ireland. It appears to me that the amendments that have been tabled are important and can assist the Government in meeting the commitments in New Decade, New Approach. If noble Lords will allow, I would like to take away the amendments, look at them more closely, discuss their contents with noble Lords and return to this subject on Report.

[Lord Lexden (Con)]

My Lords, that seems a very satisfactory basis on which to leave the matter. I hope unionist friends concur. We look forward to further progress and, all being well, a government amendment on Report following discussion. On that basis, I beg leave to withdraw the amendment.

Amendment 9 withdrawn.

--- Later in debate ---

[Baroness Suttie (LD)]

I agree with what the noble Lord, Lord Dodds, said about Amendment 40, which I co-signed. It is primarily a probing amendment. The noble Lord, Lord Dobbs, made the point that if the Bill goes through unamended, it is extremely important that this House and the House of Commons are able to probe exactly why the Secretary of State has deemed something to be appropriate. “Appropriate” is a very subjective term, and it is not sufficient just to lay orders before Parliament. It is important that it is fleshed out, discussed, debated and aired. I agree with the earlier comment about some of the statements in this House and in the House of Commons not always being sufficient. If the Bill goes through unamended, it is important that there is some form of parliamentary scrutiny of why the Secretary of State has taken these measures because he or she has deemed them to be appropriate.

[Lord Lexden (Con)]

My Lords, some very important constitutional points have been brought up in this debate, and I know my noble friend will want to reflect with care upon them. Since this is the last debate in Committee, I shall make a simple general point. It takes the form of an injunction to my noble friend. It is that between now and Report, he seeks to do all that is possible within the Bill to address the considerable and deeply felt reservations and concerns that have been brought up during these proceedings. This is a Bill for which we unionists will never feel any enthusiasm, but it would be good if on Report there will at least be some diminution of the concerns and reservations that have been expressed this afternoon.

[Lord Caine (Con)]

My Lords, I again thank noble Lords across the Committee for the amendments that have been tabled and for their contributions. If I may, I will try to speak to all of them in this group.

Turning first to Amendment 41 in the names of the noble Baronesses, Lady Ritchie of Downpatrick and Lady Goudie, to which the noble Lord, Lord Murphy, referred, it would introduce a threshold to the step-in powers conferred on the Secretary of State if the First Minister and Deputy First Minister do not appoint an Irish language commissioner or approve best practice standards, either once the legislation comes into force or when a vacancy arises.

I again understand the noble Baronesses’ intention in wanting to ensure that the provisions of this long-awaited Bill are not stymied by inaction on the part of the Executive, and their desire for the Secretary of State to move quickly if such inaction were to present itself. This is an issue that was raised with the Irish language group Conradh Na Gaeilge when I met it in Belfast three or four weeks ago.

My starting point is, of course, that the Government would not wish to intervene routinely in transferred matters and the use of any powers in the Bill would require careful consideration. Judging by the comments that have been made, I am sure that noble Lords share my belief that deviating from that principle would be undesirable. However, the Government believe that it is important to have these powers as a contingency to avoid inaction. They have been carefully drafted to allow the Secretary of State to use his discretion and to consider the circumstances at the time.

I think the noble Lord, Lord Murphy, wanted me to elaborate a little on that. Some of the considerations that the Secretary of State might want to take into account in exercising these powers and having regard to the circumstances at the time might include: whether the matter of identity and language was causing political instability in Northern Ireland; whether the institutions were functioning; whether the First and Deputy First Ministers were acting in good faith in implementing the legislation; and, indeed, whether these issues were surmountable without such an intervention. They would be the kinds of considerations that he would take account of.

The stipulated timeframe of 30 days in the amendment seems impractical, particularly in respect of public appointments that take time and need to be conducted with rigour. Such a timeframe would almost certainly preclude the correct process from taking place and the proper and thorough consideration of best practice standards by the First and Deputy First Ministers.

Finally, my understanding is that the amendment would apply solely with reference to the Irish language commissioner and not the commissioner to enhance and develop the language, arts and literature associated with the Ulster Scots and Ulster British tradition; nor would it apply to the appointment of the director and members of the office of identity and cultural expression. Therefore, the Government will not be able to accept such an amendment.

Amendment 42 seeks to give the Secretary of State a further area where step-in powers could be exercised; namely, in relation to strategies relating to the Irish language and Ulster Scots, as set out in Section 28D of the Northern Ireland Act 1998. This is a separate undertaking from the legislative commitments on identity and language that were set out in New Decade, New Approach and, for that reason, we have decided not to include such a provision here.

Amendment 40, moved by the noble Lord, Lord Murphy of Torfaen, would require the Secretary of State to make a statement to Parliament when the direction powers under Clause 6 are used. I hear the comments of my noble friend Lord Empey, the noble Baroness, Lady Suttie, and others, who gave some support to the comments by the noble Lord, Lord Murphy. If I may put it like this, I understand the desire for more scrutiny and transparency to be introduced if the Secretary of State were to be in the unfortunate position of having to use these powers. The powers, as I have said, have been carefully drafted, but I assure noble Lords that I will go away and look further into this issue following our discussions today.

Protocol on Ireland/Northern Ireland

Lord Lexden Excerpts

Monday 16th May 2022 Lords Chamber

[Lord Caine (Con)]

My Lords, I am grateful to the noble Baroness, who asked me quite a number of questions there. She will know that, like her, I was a very strong supporter of the Belfast/Good Friday agreement, as are the Government. The problem that we face today is that, ironically, the protocol, an instrument that was designed to uphold the agreement, is undermining the agreement and threatening political stability in Northern Ireland: witness that we have had no First or Deputy First Minister since February and no immediate prospect of having them unless something changes. It is therefore the Government’s position that we will at some point have to make a realistic assessment of what intervention is necessary as to the precise nature of that intervention. The noble Baroness will be aware that I cannot go into any more detail today, but I do not think that she will have to wait very long.

[Lord Lexden (Con)]

My Lords, is it not the Government’s overriding duty to protect and safeguard the union? At a time when Sinn Féin may be the largest party in the Assembly but has absolutely no mandate for constitutional change, will my noble friend ensure that the Government continue to stand four-square for our union?

[Lord Caine (Con)]

I am very grateful to my noble friend, with whom I go back many years, including to my first job interview; I believe we discussed these matters even then. He makes a very important point about the result of the elections, which have also shown what the noble Baroness, Lady Ritchie, said, that while Sinn Féin is the largest single party in the Assembly, we should all remember that the largest designation in the Assembly remains unionist, followed by nationalist. Therefore, as my noble friend makes clear, there is no mandate for constitutional change as a result of the elections that took place on 5 May. Regarding the point about standing rock firm for the union, in a phrase associated with the later Sir John Biggs-Davison many years ago, he has my absolute guarantee that this Government remain committed to the union—something which the Prime Minister made very clear in his article in the Belfast Telegraph this morning.

Great Britain and Northern Ireland

Lord Lexden Excerpts

Thursday 7th April 2022 Grand Committee

Asked by

[Lord Lexden]

To ask Her Majesty’s Government what steps they have taken to strengthen the Union between Great Britain and Northern Ireland.

[Lord Lexden (Con)]

My Lords, first, I thank all those who will be contributing to this short debate.

The affairs of Northern Ireland should be the subject of frequent discussion in both Houses of Parliament, yet the sad reality is that over much of the century that has elapsed since the establishment of Northern Ireland, with its own devolved institutions, Parliament has absolved itself from its obligation to think about how it can contribute to Northern Ireland’s welfare, except at times of crisis. The problem is summed up in a phrase that my noble friend Lord Empey often uses: “Devolve and forget.” The error is easily made, and constant vigilance is needed to avoid it.

Of course, it is most unlikely that excited voices will ever be heard on the streets of Belfast saying, “The House of Lords is discussing Northern Ireland today!” But our fellow country men and women are entitled to expect that their Parliament will be watching carefully over their interests, brimming with good will towards all who look for peace and stability in their community.

There is a particular inducement to seek a debate on Northern Ireland at this time: the knowledge that my noble friend Lord Caine will reply to it on behalf of the Government. My noble friend immersed himself in the affairs of Northern Ireland some 35 years ago and, marvellously, he shows no sign of wanting to withdraw from his immersion. He is the very embodiment of the strong union which is at the heart of the debate today.

My noble friend and his fellow Ministers need vigorous and steadfast support from their officials as they implement the commitment to strengthen the union given in the Conservative manifesto at the last election. There have been times when the Northern Ireland Office has seemed more interested in promoting good relations with the Irish Government than in working to make the union stronger. Is the energy of the Northern Ireland Office now firmly directed towards strengthening the union?

The hope of seeing the creation of a stronger union between Great Britain and Northern Ireland—to serve the interests of unionists and non-unionists alike more effectively—has been one of the themes of my life since I first started to think about Anglo-Irish relations as a whole, and Ulster’s place in them, as an undergraduate at Cambridge long, long ago. This hope was reinforced by working for Airey Neave in the years before his murder. The 43rd anniversary of his death occurred last week, on 30 March. No one has ever been punished for this crime; its perpetrator is said to be running a bar in Mallorca adorned with tatty republican materials. Airey Neave believed that Northern Ireland ought to be high on the political agenda throughout our country. I wonder if, even after all the years that have passed, that is a lesson which has been properly learned.

However, are supporters of the union really entitled to feel sure that they are right when they say that it is the only constitutional framework in which peace and stability can be secured? “Not so”, comes at once the retort from so many of those who are not unionists, and they are, of course, substantial in number. Throughout my lifetime, the belief that the substantial minority would inevitably become a majority has been rife in all parts of the United Kingdom. Firm predictions of the constitutional change that was bound to follow have been made since the 1960s. They can be found in official Whitehall files and in the private papers of British politicians of all parties. It came to be widely agreed that the life expectancy of the union was bound to be short. What was the point of working to secure its future when its dissolution was steadily approaching?

This deep-seated assumption rested on nothing more substantial than a high Catholic birth rate, but Catholics are by no means instinctive republicans, dedicated to the proposition that the union must be overthrown. Today, as a result of the Belfast agreement, an Irish identity can be given proper expression within Northern Ireland. Attitudes have become more complex. The 2011 census showed that no more than 25% of those from a Catholic background felt themselves to be exclusively Irish. This surely is a point of considerable significance. It indicates that there are many people beyond the ranks of avowed unionists who will accept the union—and, in doing so, strengthen it—if they can see that the balance of practical advantage is in its favour.

There is a great deal that the Government can do to make the practical balance of advantage more fully understood. Take the long list of economic and social commitments which the Government gave in the New Decade, New Approach document of January 2020. The noble Lord, Lord Coaker—like the noble Lord, Lord Murphy, a great friend of Northern Ireland—drew attention to their importance in a recent debate. They demonstrate in the most vivid way the practical benefits of the union and need to be effectively explained by Ministers in speeches in Northern Ireland.

The central preoccupation at the moment is, of course, the future of the Northern Ireland Assembly and Executive. Will they be restored to full working order after the elections next month? The Government, I think, are under no illusion that, if that is to happen, the acute difficulties caused by the Northern Ireland protocol must be removed. But there are other difficulties. Nearly 25 years on, there must be a case for reviewing the Belfast agreement to prevent it weakening the union, which will happen if problems are allowed to fester. Senator George Mitchell himself, the central figure in the long negotiations which produced the agreement, believes that a review should be conducted.

To Airey Neave, what mattered in the political sphere in Northern Ireland was the effective provision of the great public services: education, health, housing, social services. All are jeopardised if devolution falters. Stormont is Northern Ireland’s upper tier of local government, as well as its devolved legislature. The disruption of devolution inflicts great damage on the public services, as we saw during the last period in which Stormont was suspended for so long. Why should the work of local government be thrown into total disarray if the devolved legislative powers cannot be exercised? In a strong union, arrangements ought to be made to provide continued democratic control of local government functions if devolution is in abeyance. The admirable sentiments

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

which will be well known to my noble friend, appear in the 2019 Conservative manifesto. The object of this debate is to find out what is being done to put them into effect.

When I first met Airey Neave, he had on his desk a booklet entitled Do You Sincerely Want to Win? One of the names on the cover was that of Peter Lilley, now my noble friend Lord Lilley. The question remains relevant today. Do we sincerely want to win a secure and lasting peace for our fellow country men and women in Ulster? I contend that it needs to be built on the foundations of a strong union.

Flags (Northern Ireland) (Amendment) Regulations 2021

Lord Lexden Excerpts

Tuesday 25th January 2022 Grand Committee

[Baroness Harris of Richmond (LD) [V]]

My Lords, I apologise on behalf of my noble friend Lady Suttie, who is on a British Council delegation to Moscow which was delayed for a year. She has asked me to speak on her behalf. The New Decade, New Approach commitment aligned the flying of flags on designated days from government buildings in Northern Ireland with the rest of the UK, as we have heard, with regard to the Belfast agreement. The Northern Ireland Assembly was consulted about the draft proposals and agreed them.

Bringing them up to date, following the sad death of His Royal Highness Prince Philip, who had visited Northern Ireland 56 times, the draft instrument removes the need to fly the flag on his birthday, Her Majesty’s wedding day or any other day on which a designated member of the Royal Family dies. I am grateful to the Minister for laying that out. It stipulates that the union flag will be flown on the proclamation of a new monarch. The Liberal Democrats support the draft flags regulations.

[Lord Lexden (Con)]

My Lords, I just want to ask a couple of questions.

The Explanatory Note includes the words:

“provide that the Union flag need not be flown on the designated days”

that

“relate to a member of the Royal Family who has died.”

Surely that should be “shall not”? It would be wholly inappropriate and insensitive to fly a flag for a member of the Royal Family who is not alive.

Could I ask which members of the Royal Family are entitled to have flags flown—the children of the monarch, or those in direct line of succession? It would be useful to know. Sadly, there are members of the Royal Family for whom flags may, or perhaps may not, be flown but whose careers, as may be inevitable from time to time, perhaps do not progress as satisfactorily as one would wish and who find themselves in difficult circumstances discrediting their name. Is there provision for the removal of such members of the Royal Family from the entitlement to have flags flown?

It is surprising that there is no existing provision making it mandatory to fly our nation’s flag on the accession of the monarch, but it is gratifying to know that the situation will be rectified. Like other Conservative and Unionist Members—and the noble Lord, Lord McCrea—who have spoken in this debate, what I like most is that the regulations provide that days and times when the flag has to be flown will be consistent with formal guidance issued in respect of United Kingdom Government buildings in the rest of the United Kingdom. It is entirely right that, throughout our country on designated days, in all parts of our country—all four portions of our United Kingdom—the same flag under which we all live should be flown. It is splendid and wonderful to think that there will be days when Cardiff, Edinburgh, London and Belfast will all be flying the emblem of our great nation.

An important day approaches, Accession Day on 6 February, marking the day in 1952 when our Queen ascended the Throne. I very much hope that that great day of 6 February will be marked in a way that is so right and appropriate, with the flag of our country flying in the four portions of our United Kingdom.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, the noble Lord, Lord Caine, has outlined the purpose of the regulations before us today, and, like other noble Lords, I am content to approve the regulations. As we have heard, the union flag will be flown on designated days on government and other buildings, and I very much support the proposal that the flying of the union flag in Northern Ireland should be brought into line with that in the rest of the United Kingdom.

My noble friend Lady Ritchie of Downpatrick rightly set out that flags and emblems are a sensitive issue in Northern Ireland, and respect for difference is so important. I was born in London, as your Lordships can probably tell, and the union flag is the flag of the country I love; my parents were born in the Republic of Ireland, and that is the flag of my ancestors, and I very much love Ireland as well. So I think those things go together.

As the noble Lord McCrea of Magherafelt and Cookstown, explained, sadly, these regulations are necessary since His Royal Highness passed away. I join with the noble Lord in his warm tribute to His Royal Highness Prince Philip on his work and public service throughout his life to our great country, and I join the noble Lord in his warm tribute to Her Majesty the Queen on the work that she has given to our nation. I join with the noble Lord, Lord Lexden, in looking forward to the day that we celebrate Her Majesty’s accession to the Throne, as that will be a great day for our nation.

I very much support the regulations and look forward to the Minister’s response.

--- Later in debate ---

I am grateful for the support for these regulations and the update from the noble Lord, Lord Kennedy of Southwark, and the Opposition. As I said, the regulations are mainly technical in nature; they bring Northern Ireland into line with the rest of the United Kingdom and fulfil a commitment in the New Decade, New Approach document from January 2020.

[Lord Lexden (Con)]

I asked whether it would be possible to establish which members of the Royal Family —children of the monarch and those in direct line of succession—this order applies to. Was there provision to remove the flying of the flag for members of the Royal Family whose careers, sadly, fall into some discredit?

[Lord Caine (Con)]

On my noble friend’s first point, I have a list, which I do not intend to read out, but I can certainly come back to him on that matter. On my noble friend’s second point, that would really be a matter for the Palace to determine and is not something that I could pronounce on. It is way above my unpaid grade.

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

Lord Lexden Excerpts

Committee stage
Monday 13th December 2021 Grand Committee

[Lord Lexden (Con)]

My Lords, I am on the side of the forum sceptics, led by the noble Baroness, Lady Hoey. Some obvious questions arise. It existed briefly and quite a long time ago. Is there any obvious demand in Northern Ireland for its recreation? My experience, which was not recent but was not inconsiderable some years ago, was that there never seemed to be any difficulty for elected representatives in Northern Ireland—as has been mentioned, a fairly small part of our country—to find out what businessmen, trades unionists, farmers and indeed a variety of people of different occupations and backgrounds thought. My experience of Northern Ireland was that farmers, businessmen and tradespeople were only too anxious to come forward with their views and make them known directly to their elected representatives. One of the glories of politics in Northern Ireland is the approachability of politicians and the close connection between them and the people who they would represent in a civic forum. It would be hard to make such a forum anything more than a talking shop whose purpose and conclusions had uncertain status and could lead to complication and confusion, not to better government in Northern Ireland.

--- Later in debate ---

I have raised a number of issues and, as I say, I do not expect the Minister to reply to them all in detail, but I would certainly be interested in his views.

[Lord Lexden (Con)]

I join others in thanking the noble Lord, Lord Coaker, with whom I find myself in agreement on a range of issues and not only those relating to Northern Ireland. He has brought forward an extremely important amendment in the interests of the union of Great Britain and Northern Ireland. In this Parliament, we need to know how the long list of commitments that the noble Lord outlined and that have been entered into by the Government are progressing. This is vital information for securing the proper working of the partnership between Great Britain and Northern Ireland. There has been much talk of partnership within Northern Ireland, but the union is itself a great partnership and this Parliament needs to be kept properly informed about its progress.

I noted one point about the commitments when they were first brought forward at the beginning of 2020, which was the establishment of a joint UK/Northern Ireland board, to which reference has already been made. Oral Questions that I put down a little while ago revealed that the board had come into existence and had had a first meeting. Its continued meetings are vital to ensuring the success of what has been agreed. My noble friend kindly made reference to me earlier, saying that I had given him a helping hand some 30 years ago—a helping hand that I do not regret in any way—but I hope that, in replying, he might be able to say a little more about this board, which clearly occupies a central position in the matters that we have been discussing under this amendment.

[Lord Caine (Con)]

My Lords, I am grateful to the noble Lord, Lord Coaker, and the noble Baroness, Lady Suttie, for these amendments. If I may, I will on this occasion take them in reverse order.

As I mentioned at Second Reading, the Bill follows the standard practice of allowing two months before provisions come into effect following Royal Assent. However, I have listened to the arguments and I am very happy to repeat the assurance I gave the noble Baroness at Second Reading that we will go away and return to this matter on Report. She has my assurance on that point.

I turn to the amendment in the name of the noble Lord, Lord Coaker. He raised a number of important points about the implementation of the agreement. He reeled off, if I may say, quite a long list from Annex A—

[Lord Caine (Con)]

No, not all of it, but I hope he will forgive me if I do not reply in detail to each and every point. I will look at Hansard and write to him on any that I have missed.

The noble Lord was particularly focused on a number of the financial commitments. I can tell him that, thus far, the Government have allocated over £700 million of the £2 billion funding in New Decade, New Approach, which had the impact of ending the nurses’ pay dispute he referred to in his comments. As I mentioned at Second Reading, we have already contributed towards the creation of the Northern Ireland graduate-entry medical school in Londonderry and supplemented the new deal for Northern Ireland with £400 million to promote Northern Ireland as a cybersecurity hub. The noble Lord referred to the fiscal council, which has been established. It was originally a commitment in the fresh start agreement, which was repeated in New Decade, New Approach. That has been established.

[Lord Lexden (Con)]

Could I invite my noble friend to tell us a little about the fiscal council, how it is composed and the work it is going to do?

[Lord Caine (Con)]

My understanding is that the council is chaired by Robert Chote who, my noble friend will recall, ran the Office for Budget Responsibility. It is a similar body, and will comment on the Executive’s budget and spending plans. One benefit of the financial settlement that was set out in the spending review is that—this is currently being negotiated—Northern Ireland is able to get away from the in-year or single-year spending reviews that have been particularly frustrating in recent years. It can now move to a proper, three-year spending review that will provide greater financial stability and certainty. That was welcomed by the fiscal council in a report I looked at, which was published only a couple of weeks ago. This is an important development that will improve not just financial stability but scrutiny of the Executive’s spending plans.

My noble friend and the noble Lord, Lord Coaker, also referred to the joint board. I am advised that it has now met on three occasions, and the Government are committed to maintaining that forum as a means for the UK Government and the Executive to discuss the implementation of many of the commitments in New Decade, New Approach. I hope that reassures my noble friend on both the fiscal council and the joint board, as this work is ongoing and will continue.

I mentioned the spending review. As I said at Second Reading, the settlement in the spending review is the most generous that Northern Ireland, or any of the devolved Administrations, have received since devolution was established in 1998-99.

There are a great many other commitments. The noble Lord, Lord Coaker, mentioned the centenary fund, which has benefited from £1 million of UK Government money. There is a host of other non-financial commitments that have not required legislation, some of which I referred to at Second Reading, such as the appointment of the veterans’ commissioner and regulations to bring the flying of the union flag into line with those of the rest of the United Kingdom. They came into force in December 2020 and are a development that I am sure many noble Lords welcome. We have introduced legislation to further enshrine the Armed Forces covenant in law and appointed an advisory committee for the establishment of a Castlereagh foundation, the case for which DUP and UUP Members have long pressed. We have provided £50 million to support low-carbon transport in Northern Ireland, enabling the Infrastructure Minister to announce a new fleet of 145 low-carbon buses for Belfast and the north-west.

Northern Ireland Budget Bill

Lord Lexden Excerpts

2nd reading (Hansard): House of Lords & 3rd reading (Hansard): House of Lords & Committee: 1st sitting (Hansard): House of Lords & Report stage (Hansard): House of Lords
Thursday 31st October 2019 Lords Chamber

[Lord Lexden (Con)]

My Lords, although this House is strongly averse to fast-tracking, there can be no doubt that this budget, essential to the well-being of the people of Northern Ireland, must be passed before the Dissolution of Parliament. I want to address just three matters to which the budget is relevant. All were raised during our important Northern Ireland debates at the start of the week, but without eliciting full responses from the Government.

The first is the renewable heating incentive scheme, which went so disastrously wrong. As the noble Lord, Lord Alderdice, pointed out on Monday, the report of the independent inquiry, chaired by Sir Patrick Coghlin, was completed some months ago. When I last asked in a Written Question when the report would be published, I was told rather curtly to get in touch with the relevant Northern Ireland department. That has not proved a profitable line of inquiry. Are the Government able to provide some indication of when the report will appear, particularly now that the sorry episode has been described in a book by a leading Northern Ireland journalist, Sam McBride? It is a report which will provide vital lessons for the future.

The reforms that have recently been made to this unfortunate scheme have created hardship among a considerable number of participants who joined it in good faith in its original form. This House discussed at some length the need to provide relief to those enduring hardship at the time the Northern Ireland budget was last before the House. Widespread support for action was expressed across the House in an impassioned debate on 19 March. We were assured by my noble friend Lord Duncan that a hardship scheme would be constructed. He said that he would lay a written report before your Lordships’ House so that your Lordships could see what it would look like in practice. He added, perfectly fairly and reasonably:

“There is no point in pretending that this can be achieved in a fortnight”.—[Official Report, 19/3/19; col. 1408.]


Well, a number of fortnights have passed since then and it would be good to have news of progress.

Secondly, perhaps I may touch on the severe crisis in the health service with which Northern Ireland is afflicted. It is truly shocking that in Northern Ireland someone in need of treatment is 3,000 times more likely to have been on a waiting list for a year or more than his or her counterpart in England, as my noble friend Lord Empey told the House on Monday. Over the past year or so, my noble friend has put a number of suggestions for improvement to the Government, including the appointment on a purely temporary basis of a Minister of Health. We have been given no indication of a positive response to his imaginative ideas. It should be remembered that in Northern Ireland, unlike other parts of the country, there are no elected local councillors to assist in overseeing health services, since Stormont is both an upper tier of local government and a devolved legislature.

I come finally to welfare and the deeply troubling point raised on Monday by the noble Baroness, Lady Lister of Burtersett, who cannot be in the House today. She drew our attention to the fact that arrangements that have been made to mitigate the effect of welfare reforms on the very poorest will expire in March next year unless action is taken swiftly to extend them. She pointed out that some 35,000 low-income families would be made worse off overnight unless the Government deal with the issue. It has now been agreed, I think, that a report will be laid before Parliament by 1 December under the 2019 Act. That report should contain the firm commitments that the noble Baroness and others are seeking.

I draw from these three issues one general conclusion, which I will put in the form of two questions. Should not this Parliament endeavour to devise more effective arrangements to safeguard the interests of our fellow country men and women in Northern Ireland in circumstances where their own democratic institutions are suspended for a protracted period? Should we perhaps seek, through constructive constitutional thought, to make provision in these circumstances for some form of halfway house between full devolution and full direct rule, to which so many people are ill disposed?

It would be rash to think that the prolonged impasse in Ulster’s affairs, which has not yet been resolved, will not recur after a better dispensation has finally been made. For wholly understandable reasons, we made devolution in Northern Ireland dependent on the willingness of parties with diametrically opposed constitutional objectives to share power together. I was struck by some words of my noble friend Lord Empey last Monday:

“As a Parliament, we have an obligation to protect our citizens which supersedes parties and all issues”.—[Official Report, 28/10/19; col. 822.]


These are words, I think, on which we can usefully reflect.

--- Later in debate ---

[Lord Duncan of Springbank]

I believe that there is clarity there. I have answered that question before but, again, for the benefit of all, I will make sure that that information is included in my answer to ensure that there is an appreciation of how the tariff in Northern Ireland sits alongside tariffs in the rest of the British Isles, so that it can be understood. The noble Lord will recall that when we discussed this issue, we looked at different elements which created the need for differential tariffs for particular time periods and baselines. Rather than explaining this at greater length, I will put it in the response that I will lodge in the Library tomorrow.

Yesterday, the noble Baroness, Lady Lister, asked about welfare and I believe that I gave a positive response. She has subsequently written to me and I will respond in a similarly positive manner. I do not wish to see a situation develop in Northern Ireland where those who are experiencing these challenges and facing potential hardship suffer in any way—I repeat, in any way—as a consequence of the absence of an Executive. I will happily share that letter with noble Lords. I will put a copy in the Library, so that they can see what I believe we should be doing to ensure not only that we address this matter expeditiously but that the people of Northern Ireland can appreciate that it will be done, so they will not face the hardship which might indeed have been on the horizon had we not been able to move forward in this regard.

On the role of an incoming Executive, it is not going to be easy for them because in truth, a number of the bigger problems—not least in the health service and education—stem from before the collapse of the previous Executive; they did not start with the collapse of this one. There are long-standing issues which have not been addressed for a range of reasons, and there will be a serious challenge for any incoming Executive or whomsoever has to administer governance in Northern Ireland. For obvious reasons, I hope that it is an incoming Executive, but I am aware that there is only so long that this can continue. I have made a number of statements about this in the past and events have made a liar of me. I do not wish to repeat those statements, but I shall repeat a simple one: the people of Northern Ireland deserve much better than they have got, and we have to move forward in a sensible manner.

The noble Lord, Lord McCrea, asked why certain issues have been taken forward in this place and not others. The only thing I would note is that if we end up with direct rule, I am afraid that this House and the other place will decide which issues are going to be taken forward and in what order. I do not believe that that is the right way forward at all, and it may well be that they do not marry up with the situation in Northern Ireland, even though I would wish it to be so. That is a portent and a warning.

The noble Lord, Lord Murphy, raised the question of the Barnett consequentials. I do not have the exact answer but I will find out and report back to the noble Lord if he will allow me to do so.

If I have failed to address any particular issue, I will happily write to noble Lords.

[Lord Lexden]

Can my noble friend give the House any information about the publication of the independent report on the inquiry?

Northern Ireland (Executive Formation etc) Act 2019: Section 3(5)

Lord Lexden Excerpts

Monday 28th October 2019 Lords Chamber

[Lord Bruce of Bennachie (LD)]

My Lords, we are here because the Government have been mandated to provide regular updates and reports. I think we all want to thank the Minister for the conscientious way in which he has consistently brought these reports forward, and indeed for the progress that has been made in the absence of Ministers with full responsibilities, a functioning Assembly and a functioning Executive. However, there is an underlying frustration that clearly will have to be addressed.

I want to address two or three practical issues. My noble friend Lord Alderdice mentioned the renewable heating initiative. An independent energy consultant, Andrew Buglass, has been appointed to look at hardship cases but it is not entirely clear what the timescale is. We hear from the Ulster Farmers’ Union that farmers are selling stock, selling land and making all the adjustments they can, yet they face the real possibility of going out of business. Can the Minister indicate, now or in the future, whether these issues will be addressed in time, which is a matter of concern?

[Lord Lexden (Con)]

On that point, I remind the Minister that back in March, I think, he promised a Statement indicating how the cases of hardship would be examined and dealt with. I believe we are still waiting for that Statement.

[Lord Bruce of Bennachie]

I take note of that. Obviously, there is real concern out there.

Regarding the medical school in Derry/Londonderry, it would be good if we could establish that there is freedom to pursue this idea. Many of us have engaged in different ways. The university tells me that it is in a position to do this, if it is possible to do it. It would still be matter of getting its hands on the money—we know that—but it has a building and a clear plan and it feels able to press ahead. It is always good to see something that takes us forward, rather than leaving us stagnating.

I turn to the situation with political donations, which the report simply says is the same as it was. I suggest to the Minister that we are facing a general election for the UK with a huge lacuna in Northern Ireland, where money can be channelled without it being published. I accept that people have notification that it may eventually be published, and clearly, if anything illegal has been done then at some point or other, they will face prosecution. However, I wonder whether it would be better if the law was enacted now, so that people had to declare it and there was no danger of it being retrospective. I say that because evidence of wrongful raising of money from improper sources has been identified and was used to promote the distortion of a referendum, the consequences of which we are all living with. Yet there has been no action. The reality is that you have to stop it. It is too late afterwards when the result has been manipulated by the misuse of funds. I ask the Minister: is there anything more that can be done or said about that?

My noble friend mentioned an election. There are two things to be said here. The noble Lord, Lord McCrea, said it would be fine to have an election at the end of January. He is confident that his colleagues would get elected. On the other hand, if there was an Assembly election at the same time, under a different electoral system, it might show a slightly different mix of opinion in Northern Ireland. We have had two elections this year and there has been a noticeable, identifiable shift of political opinion in Northern Ireland.

Northern Ireland: Devolved Government

Lord Lexden Excerpts

Monday 28th October 2019 Lords Chamber

Asked by

[Lord Lexden]

To ask Her Majesty’s Government what progress they have made towards the restoration of devolved government in Northern Ireland.

[The Parliamentary Under-Secretary of State, Department for Business, Energy and Industrial Strategy and Northern Ireland Office (Lord Duncan of Springbank) (Con)]

Getting Stormont back up and running is my right honourable friend the Secretary of State for Northern Ireland’s absolute priority. The parties remain engaged and are demonstrating a willingness to find solutions to the remaining critical issues. However, a renewed determination to find agreement will be needed if an Executive are to be formed. I urge the parties to work with the Secretary of State and the Tánaiste to do what is right for the people of Northern Ireland.

[Lord Lexden (Con)]

Can there be any doubt that the EU withdrawal agreement has made political progress in Northern Ireland even harder to achieve? Do not all unionist parties, not just the DUP, have grounds for concern about the actions of this Conservative and Unionist Government? Will the Prime Minister, who has given himself the title of “Minister for the Union”, be at the forefront of continuing efforts to secure political progress and to strengthen our union, in the interests of all our fellow country men and women in Northern Ireland?

[Lord Duncan of Springbank]

My right honourable friend the Prime Minister has declared that he will be the Minister for the union. The union is composed of four nations. Northern Ireland is an integral part of that union. We must deliver for the people of Northern Ireland but so must the politicians there, who have an obligation to reform the Executive.