Official Controls (Northern Ireland) Regulations 2023

Debate between Lord Lexden and Lord Bruce of Bennachie

Wednesday 1st March 2023 Lords Chamber

[Lord Bruce of Bennachie (LD)]

My Lords, in many ways this Motion, as the noble Lord will acknowledge, has been somewhat overtaken by events, but he is commenting on the events. It was clear from the outset that Boris Johnson’s oven-ready deal was anything but; we know that now. The claim that there would be no restrictions or paperwork on goods between Great Britain and Northern Ireland has never been true, as the Government’s website clearly showed on the day that Boris Johnson made his preposterous speech during the 2019 election.

I say to the noble Lord that I understand the way unionists see the friction he has outlined, the limitations on movements and transactions, as undermining their sense of identity. I understand that, but I do not understand why the DUP was so adamant in its determination to secure Brexit, when the EU had actually created an umbrella that allowed freedom of movement all ways. To leave the EU and expect there to be no paperwork, which is what I think the DUP wants, was never achievable. I have said that on a number of occasions in debates on this House: it was always possible, right from the outset, to secure reduced friction—the noble Lord has acknowledged that the agreement has done that—and the idea of green and red channels was in the frame from the beginning; it has been discussed for several years.

What was not on offer was trust and good will. What we were subjected to was just cheap, xenophobic rhetoric. Ursula von der Leyen’s relationship with “Dear Rishi” shows how the atmosphere has changed, and a change in the atmosphere is somewhat crucial. I welcome that. I am pleased that the way is now open to secure the UK’s associate membership of Horizon and to begin to explore, I hope, how the trade and co-operation agreement can also be renegotiated, in a similar way, to smooth the way for reduced friction for trade between the rest of the UK and the EU. It was, after all, astonishing and revealing that the Government were boasting yesterday of the privileged position of Northern Ireland as being in both the UK and the EU single markets, something that many people in the rest of the UK wish they had on offer.

It is undeniable that the protocol came about from a mess of the UK’s—specifically, Boris Johnson’s—own making. The ideology that has seized this Conservative Government has caused them to inflict more damage in more ways and in a shorter time than probably any Government in history. That said, I ask the DUP to consider carefully what it does next. The noble Lord, Lord Dodds, has been open in his criticism but careful not to say what he will do next.

All politics is surely about compromise; I would say that Irish politics is especially so. You can claim that playing hardball got us here, but I would refute that. Playing hardball stalled progress and engagement. There is a clear indication that the protocol Bill, far from pressurising a deal, stood in the way of it, and its abandonment is a victory for common sense. Whatever its reservations about the agreement, I suggest that the DUP should admit, privately if not publicly, that it is far better than it would have expected, even if it is not happy with it. The Prime Minister has said that it cannot be renegotiated, though there may be room for clarification here and there. I believe that the majority of people in Northern Ireland, although they may care little for the detail, will welcome an end to the deadlock that has plagued them.

I also suggest to the DUP that, over time, when this agreement is implemented, businesses with interests in Northern Ireland and the public of Northern Ireland will see that the removal of uncertainty creates economic space and a better climate. If that goes ahead and is demonstrated, the DUP will be exposed as people who opposed that improvement in circumstances in the Province. It may find that there is a price to pay.

On the restoration of the Assembly and the Executive, I have contested that there has never been a justification for the DUP withdrawal, any more than there was for the Sinn Féin withdrawal on a previous occasion. Two wrongs do not make a right. The people of Northern Ireland have voted and the DUP did not win. It is entitled to stand up vigorously for its supporters, and it does, but it is not democracy to deny the majority of citizens the right to be represented and to see government tackle the manifold challenges we all face. The protocol and certainly this new agreement pale into insignificance compared with the challenges that most people face in their everyday lives.

It has also been pointed out that one of the safeguards in this deal is the Stormont brake, but that requires the existence of an Assembly and Executive. I am hearing rather mixed messages about what different parties think about it, but I believe it was put in precisely for the benefit of the concerns that the DUP had expressed. If it is not very happy with it, maybe the easiest thing to do is remove it.

The noble Lord, Lord Dodds, referred to the Scottish border, which is of some concern to me—I cross it very regularly. In reality, Brexit has created a problem for the DUP—although by campaigning for Brexit it somewhat brought that on itself—but it has also created a problem for Scottish nationalists. Their ambition was an independent Scotland somehow rejoining Europe, which we all know would be long drawn out, difficult and on unknown terms and would inevitably lead to a hard border between Scotland and the rest of the UK. All these things suggest that the way forward for the UK is to recognise that this first step is the beginning of an improvement in relations with the EU and sets the potential for us to rebuild practical relations—Brexit excepted—that enable the minimum friction, not just between Great Britain and Northern Ireland but between the United Kingdom and the European Union, and uncertainty to be removed and businesses to flourish.

While I understand the reason for this Motion, the DUP should reflect very carefully. If it remains recalcitrant, the danger for it is that the rules in Northern Ireland may have to change, and the mood may change too. The DUP may be very confident of its base, but it should remember and respect that it is not a majority. There are no majorities in Northern Ireland. The only way that Northern Ireland will progress is if people are prepared to accept compromise. The DUP has made its tough stand; now is the time to recognise that compromise needs to be secured.

[Lord Lexden (Con)]

My Lords, that was an interesting speech on the Windsor Framework, but I did not hear any comments on the very serious specific issues that were raised by the noble Lord, Lord Dodds? Have the Liberal Democrats nothing to say about those extremely serious points?

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

Debate between Lord Lexden and Lord Bruce of Bennachie

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 (Executive Formation) Bill

Debate between Lord Lexden and Lord Bruce of Bennachie

Committee: 1st sitting (Hansard - continued): House of Lords
Monday 15th July 2019 Lords Chamber

[Lord Bruce of Bennachie (LD)]

My Lords, I support the noble Lord, Lord Empey, in his amendments. Like the noble Lord, Lord Hain, I commend him for his persistence on these issues. He brings home to us the realities of day-to-day life and the need to have an Assembly to deliver that.

Much more importantly, given that these are modest amendments that are asking only for reports, so I imagine that the Government might be able to accept them, the positive might be that at least we would not be completely wasting our time between now and October if it were possible to assemble really useful statistics and assessments that would enable the development of policy, so that as and when the Assembly gets up and running—if we want to be positive about it—it has something that it can get to work on, rather than having to start from scratch. This seems to be a practical suggestion. One can be very dismissive about commissioning reports and say that that is kicking cans down the road or not making decisions, but in the end policy requires information, statistics and recommendations, and for them to be constructively used. I hope the Minister will take on board that if he accepts the amendment, it means what it says. The reports should be not just a list of facts and figures but useful in terms of formulating policy that can be implemented sooner rather than later.

Another point of concern that Parliament will have to accept, whether or not we get the Assembly up and running, is that the effect of the lack of government over the last two and a half years is that Northern Ireland has fallen further and further behind. We may be facing all the difficulties, which I will not elaborate on, of a confused and uncertain Brexit situation where it may be impossible to find the resources to catch up. The longer time goes on, with waiting lists rising and other problems such as farmers facing bankruptcy over RHI and people struggling with welfare benefits, the Bill that will be required to bridge the gap and get things back to where they should be will be infinitely bigger and required in a shorter time than those two and half years.

The noble Lord, Lord Empey, is doing a service to the people by highlighting this issue, but it is of value only if something gets actioned. I therefore hope that the Government will accept the amendments and the obligation to produce reports, but also that they will recognise that those reports will need to be substantive to be useful.

[Lord Lexden (Con)]

My Lords, I warmly support this group of amendments moved by the noble Lord, Lord Empey. I shall touch on just two of them. The first is Amendment 12, which the Government should have no difficulty in accepting. I recently tabled a Written Question asking them when the report on the establishment of a renewable heat incentive hardship unit, promised on 19 March, would be forthcoming. The reply that I received on 20 June stated:

“A call for evidence in relation to the form and function of the unit will shortly be released, and will close at the end of June. This will inform the Terms of Reference of the Unit”.


The Department for the Economy,

“anticipate that the panel will begin to accept applications in September 2019”.

By happy coincidence, the amendment moved by the noble Lord requires a report by 10 September. That seems to fit in admirably with the department’s plans.

Like the noble Lord, Lord Bruce, I echo the comments on health of the noble Lord, Lord Empey. No one will doubt the deeply depressing assessment he has provided this evening, following earlier, deeply troubling accounts of the decline of the health services in Northern Ireland. It is truly tragic that health services have deteriorated so markedly under this Conservative and Unionist Government. Surely all the Northern Ireland parties would give their blessing to government initiatives to reverse the decline. Therefore, the message must surely be action, and action this day.

Northern Ireland (Extension of Period for Executive Formation) Regulations 2019

Debate between Lord Lexden and Lord Bruce of Bennachie

Wednesday 10th April 2019 Lords Chamber

[Lord Bruce of Bennachie]

Indeed—we lost the SDLP and the Alliance in the House of Commons, and that absolutely adds to the problem. We have to recognise that, as does the Secretary of State. Frankly, she alone does not have the capacity to call the parties together and get a result without looking more widely. It has been said in previous debates that there is no momentum or willingness to bring the Northern Ireland Assembly back together until Brexit has been resolved and there has perhaps been an election in the Irish Republic. Well, that is looking an increasingly distant prospect, and those who take that view have to explain how they can possibly justify waiting for such an indeterminate, indefinite time before they are prepared to engage in this process. Pressure needs to be brought to bear by those who have the ability to pressurise each of the parties and to whom those parties are most likely to respond—and I have to say that the British Government and Parliament do not feature in that particular calculation. So I suggest that we should not be expected to wait for Brexit or the Irish elections to be resolved.

My question is very consistent with the other points that have been made. Is it not time for the Government to recognise that we need to bring the guarantors of the Good Friday agreement—all of them—back together? We need to bring together those agencies that made it possible to get a peace agreement in difficult circumstances 20 or so years ago. Of course, that means the UK and Irish Governments and all the political parties. I have to say the European Union as well, because it has been part of that process, and the United States. All of them need to be brought together, and that is why we need some kind of independent chair for those discussions who will command credibility on all sides. Why on earth is that not happening?

This has been delayed because the Secretary of State has been having conversations. I am sorry, but the Secretary of State’s conversations will lead nowhere, because she does not have the authority to make sure that they do. The question, therefore, is: will the Government consider practical steps, along the lines that have been suggested, to bring Assembly Members together, either in a full Assembly or in committees—preferably both—so that they actually engage with each other on practical, day-to-day issues?

I read in the Explanatory Memorandum the assertion made by the Secretary of State—perhaps on this point I should accept the assertion—that the provisions of these regulations are compatible with the Convention on Human Rights. It is beginning to become questionable whether the human rights of the people of Northern Ireland are actually being put at risk by this long delay. The Explanatory Memorandum says:

“There is no, or no significant, impact on business, charities or voluntary bodies … An Impact Assessment has not been prepared for this instrument because there is no, or no significant, impact”.


Well, I beg to differ. I think that there is a very significant impact on all those bodies in Northern Ireland from the continuation of this complete stalemate, and the total lack of effective government.

Every day that goes by, the people of Northern Ireland suffer more and more from the lack of decision-making, and the situation becomes more fraught and more dangerous. We have seen, only in the last 24 hours, that a mortar was found on a roadside in County Down. As far as one can tell, it was left by the roadside to be collected by another party with a view to perpetrating a terrorist attack. All the main parties, of course, have denounced that, but that is the problem: the main parties are not engaged, the Assembly is not functioning and other bodies may feel they have some kind of dispensation to take control. The situation is extremely dangerous and I plead with the Minister to recognise that this Government and this Parliament cannot solve the problem. We need to turn to all the international bodies that were instrumental in bringing peace to Northern Ireland in the first place to try to ensure that we break the deadlock. We cannot wait for Brexit or for an Irish election; we have until August or we are in deep, deep trouble—and I really think that the Minister has to accept that.

[Lord Lexden (Con)]

My Lords, I must apologise for not being here at the start of the debate, other business having moved on so quickly. I shall be very brief. Our debate has made clear that signs of encouragement are hard to find at the moment. The Secretary of State herself made the lack of any serious current activity absolutely plain when, on 21 March, she was forced by the Opposition in another place to make a Statement about this order, which was brought forward with unseemly haste, I think. Ms Bradley said:

“I intend to spend the next few weeks working with them”—


she was referring to the local parties in Northern Ireland—

“on actions that can be taken so that, when we are able to start a formal talks process, we are able to do so in a way that gives us the best chance of success”.—[Official Report, Commons, 21/3/19; col. 1229.]

Our fellow countrymen and women in Ulster have had to endure the absence of democratic control over their vital public services—education, health, social welfare—for two and a quarter years. What does the Secretary of State tell them as these services continue to deteriorate? That she hopes to start a formal talks process at some unspecified point after preliminary discussions with Ulster’s five main parties. Have we not been here many times before since January 2017?

Our recent debates on Northern Ireland have shown wide agreement across this House on two points above all. They have been mentioned in this debate in particular by my noble friend Lord Cormack, former chairman of the Northern Ireland Affairs Committee in the Commons, who speaks with such authority. First, we are at one in doubting whether a serious talks process can be brought to a successful conclusion without the help of an eminent individual from outside Northern Ireland who will be able to command full respect across the Province. Secondly, it is widely felt that the existing Assembly should meet so that its Members can themselves consider what role they might play in bringing about the progress that is so badly needed. I associate myself fully with those two points, which have again been brought out so well in this debate.

I will raise one further matter with my noble friend. He promised a Written Statement following our debate on the acute problems surrounding the renewable heating scheme in Northern Ireland. Could he say when that Written Statement might become available?

This order provides another five months in which a path back to full democracy in Northern Ireland can be found. We all hope for success, but as things stand today it is difficult to feel great optimism.

Northern Ireland (Ministerial Appointment Functions) Regulations 2019

Debate between Lord Lexden and Lord Bruce of Bennachie

Monday 18th February 2019 Lords Chamber

[Lord Lexden (Con)]

My Lords, I operate in this House on one principle above all: to agree with everything that my noble friend Lord Empey says. I am happy to adhere to that principle again today.

I have three specific points that I want to raise on this instrument. First, it reaches us just days before a new Northern Ireland Commissioner for Children and Young People needs to be appointed. Why was the instrument not brought forward earlier? Secondly, the instrument specifies, as my noble friend has said, six appointments deemed to be critically important. What criteria were used to establish which appointments are critical and which are not? My third and final point follows from that and concerns offices not deemed to be of critical importance. What is to happen to them? Are they to remain vacant when their current holders reach the end of their term, pending the restoration of devolution, which today seems but a distant hope?

[Lord Bruce of Bennachie (LD)]

I think that the noble Lord, Lord Empey, was concerned with sins of omission rather than commission in terms of the content of the statutory instrument. He raises the point that effectively we are going on and on in this limbo of democratic nihilism, if I can call it that, having to institute ad hoc measures as and when necessary to fill the gap in the absence of real political initiatives. I presume that the Minister will be back here in less than five weeks, when the first term of the 2018 Act expires, because it is difficult at the moment to see that we are going to be in a position to restore the Assembly by the end of March—I do not believe that anybody would think that at all likely. So the question that arises is: what practical steps are the Government going to take to ensure that we do not get to the end of March, let alone the end of August, without having got to a position where functioning decision-making by the elected representatives of the people of Northern Ireland can return? I am sure that the Minister does not find it comfortable to come to the House and say, “Please allow me the right to nominate these particular posts”. However, perhaps he could say something about Friday’s meeting, which I gather lasted 90 minutes. I am not aware that any specific proposals were on the table, which has not been well received.

I hope, from the Minister’s point of view, that the Government have started to think about what they can do to break the deadlock. The Minister will not be surprised to hear me say that a Secretary of State in a UK Government who are propped up by a hard-line unionist party in Northern Ireland is likely to find the perception of her office somewhat compromised in Northern Ireland. I repeat what my colleagues have said on numerous occasions: is it not time to find some independent authority that might bring parties together and start to identify what it would take to break the deadlock and get things back to normal?

Therefore, my specific questions on this statutory instrument—somewhat along the lines of what the noble Lord, Lord Lexden, said—are, first, what were the criteria that made these urgent, and what other appointments are coming down the track that may require us to be back here in the very near future? Secondly, much more to the point, what assurances can we have that there is any reasonable momentum to try to ensure that we get the political process back, or will we have either to impose direct rule—which I think many of us would regard as a disastrous failure—or institute new elections? Nobody is particularly happy about that either, but it may be the only way to unlock the democratic logjam.

The Minister is always entirely and highly constructive, conciliatory and thoughtful—if I may say so, I would rather he was in charge of the talks; if that was the style we might make more progress. It is important to try to find out what the real obstacles are, not the synthetic ones that have been put up, and how we can build, through trust, a means of getting these decisions away from this Parliament and back to the Assembly, where they belong.