Northern Ireland (Ministerial Appointments and Regional Rates) Bill

Lord McAvoy Excerpts

2nd reading (Hansard): House of Lords & 3rd reading (Hansard): House of Lords
Wednesday 26th April 2017 Lords Chamber

[Lord McAvoy (Lab)]

My Lords, I thank the Minister for his speech and for his recent Written Statement to keep the House updated on the situation in Northern Ireland. He has explained very clearly the intent behind the Bill and that is much appreciated. Before I start, I put on record our thanks to the Police Service of Northern Ireland and the emergency services who were called out to deal with the appalling terrorist incident outside Holy Cross School in the Ardoyne on Sunday morning. It was an act that showed total disregard for the lives of children and the local community and actively targeted serving police officers. We pay tribute to the bravery and professionalism of the police and emergency service staff.

All noble Lords will agree that it is regrettable that this legislation has to be before us today. This is not where any of us wanted to be. Our priority, shared across the House, is the restoration of the inclusive, devolved Administration that the people of Northern Ireland voted for. Your Lordships’ House is familiar with the recent events which form the background to the Bill. We make it plain from these Benches that we will support the measures that the Government have brought forward in the Bill while negotiations on the formation of an Executive are ongoing. As the Minister explained, the Bill makes provision to extend the period for filling ministerial offices in the Northern Ireland Assembly, so that this remains an option throughout and immediately after the general election campaign. We accept and support this approach, which is measured and will give space for progress to be made and for an Executive to be formed.

The provisions to urgently set regional domestic and non-domestic rates for this financial year go some way to addressing, as the Minister has said, the acute financial uncertainty facing Northern Ireland. Businesses and communities in Northern Ireland need far greater financial security than this measure alone provides. It is imperative that negotiating parties reach agreement and form an Executive so that the elected Assembly can be returned to take urgent decisions and serve the people of Northern Ireland who elected it.

I have a small number of questions for the Minister, particularly with regard to the time that will be available for negotiations during the coming weeks. Is he able to tell the House what talks are scheduled to take place during the general election period? What continued support will current Ministers and government officials be able to provide to the negotiation process before a new Government are elected? What arrangements are in place so that talks can continue, as I am sure they have been going on until now, with the Irish Government? The Secretary of State made the welcome statement that constructive discussions have taken place on legacy issues—such an important base to move forward from. Is the Minister able to tell us more about what point the legacy proposals have reached? I think he said that they are ready to be put out for consultation. What preparations are being made and has a timescale been discussed for that consultation? The Troubles touched victims in every part and every community of Northern Ireland. It is the victims, their families and their loved ones who must have their voices heard as we pave the way for dealing with that legacy.

I do not need to remind your Lordships’ House of the range of issues that face Northern Ireland in the months to come. At a local level, communities need decisions and funding for key public services. Northern Ireland is also uniquely placed for discussions, under whichever Government is returned, for the UK’s future relationship with the European Union. As I have said, we lend our support to the interim provisions introduced in the Bill, but the situation we find ourselves in is not desirable and not sustainable.

It is not what the people of Northern Ireland voted for. We are dedicated to the return of an inclusive devolved Administration in Northern Ireland. We must not have a return to direct rule in any form, and we must be honest and vigilant in ensuring that we do not allow each step of this process to make it harder to go back to inclusive, devolved government. After the enormity of what has been achieved, not least through the efforts of many Members of your Lordships’ House, we have achieved far too much to move backwards now. We look to all negotiating parties to meet in the spirit of compromise and agreement, and to do their duty in returning a working Government to Northern Ireland.

Northern Ireland: Political Developments

Lord McAvoy Excerpts

Tuesday 28th March 2017 Lords Chamber

[Lord McAvoy (Lab)]

My Lords, I thank the Minister for repeating the Statement. In keeping with past tradition and practice of a consensus between all the parties regarding Northern Ireland, he and I have a strong relationship which is invaluable in this situation. Bearing in mind that close relationship, I know it will be a great disappointment to him that he must stand before this House again today to inform us that the talks to re-establish an inclusive, devolved Administration at Stormont have not been successful.

On 2 March, the people of Northern Ireland turned out to vote for their representation and for a devolved Assembly that will serve the needs of the whole community. If anyone has any doubt about the expectations, hopes and aspirations of the whole of the people of Northern Ireland, they may find it useful to speak to my noble friend Lady Blood, who is well tuned into opinion. A number of noble Lords throughout this House, especially those from Northern Ireland, will be able to testify to that need of the whole community. We need all the political parties in Northern Ireland collectively to live up to those expectations.

Communities and public services in Northern Ireland are suffering the day-to-day realities of this impasse. The Minister made mention of the health service—a service which is struggling with waiting lists while waiting for political leadership to be back in place. We thank the Minister for notice of the interim measures in place to allocate resources to Northern Ireland departments. We agree with his own statement that this is not sustainable.

I would like to ask the Minister about the talks moving forward. What fresh initiatives will be employed to ensure that the next round of talks are dynamic and make progress? We must ask: what will be different about these talks? Can we encourage, in the strongest possible terms, the importance of prime ministerial involvement in this process? History shows us how important this can be. I am aware of the answer the Secretary of State gave to my honourable friend the Member of Parliament for Blaydon in the other place, that the Prime Minister is involved and is conducting business through the Secretary of State. This is absolutely no reflection on the hard-working attitude of the Secretary of State, but does the Minister agree that we need greater leadership to be shown in the weeks ahead? Is he able to tell us what plans the Government have to ensure that the Prime Minister is even more actively engaged in the process?

We must also ensure high-level, direct engagement from the Irish Government in their role as a guarantor of the Good Friday agreement. Can the Minister update the House on the continuing intervention that the Irish Government have had, and will have, in the process? What options have the Government looked at in dealing with the specific issue of the renewable heat incentive scheme? Has the Secretary of State looked at the financial burden that the scheme placed on the people of Northern Ireland, and are there any options for how this may be more appropriately dealt with?

We in this House are under no illusion that this is easy. But this does not stop us—or, more importantly, the people of Northern Ireland—having high expectations of what must be achieved. We need all engaged parties, including the UK Government and the Irish Government, to ask not “What do we want?” but “What can we give to this process moving forward?”.

[Baroness Suttie (LD)]

My Lords, I, too, will start by thanking the Minister for repeating the Statement to your Lordships’ House this afternoon. I will also say that it is with a very deep sense of regret—despite the very genuine efforts by some—that we have reached this impasse.

Let us be clear: the consequences for Northern Ireland of the failure of the political parties to reach agreement to establish an Executive are very serious. We are days away from the end of the financial year, and yet—as has been said—there is no budget. There has been no vote to set next year’s regional rates. There is no programme of government. This will lead to increased uncertainty for key public services in Northern Ireland such as health and education, and in the voluntary and community sectors.

It is particularly to be regretted that the ordinary people of Northern Ireland find themselves without a voice through an Executive at Stormont at such a critical time. With the triggering of Article 50 tomorrow, this is the very time when the particular needs of Northern Ireland deserve to be clearly heard. There are very real and as yet unresolved concerns for Northern Ireland, not least about how to maintain the open border in the context of the UK leaving the customs union. Can the Minister say what mechanisms the Government intend to put in place to ensure that the views of all political parties in Northern Ireland are heard during the Brexit negotiations? Does he agree that the joint ministerial committee will have a greater role to play in the context of Brexit, and that a more balanced representation of MLAs is needed to reflect the views of Northern Ireland?

Does the Minister further agree that, in the event of the current impasse continuing, a mechanism needs to be found to keep Assembly Members in place and to engage them and their party leaders in discussions on Brexit and other issues? Will he confirm that any such mechanism would require primary legislation?

Given that the RHI scandal was one of the immediate causes of the current crisis, will the Minister confirm that it is his understanding that the inquiry chaired by Judge Coghlin could take as long as six months to complete? Is he confident that Judge Coghlin has the necessary resources to enable a rapid conclusion to the inquiry? However, it is clear that there are deeper problems than the specific issues surrounding RHI. It will therefore be necessary to do things differently in order to secure a deal and to move forwards.

We on these Benches believe that there is no alternative to devolution, but that to achieve agreement will require a renewed commitment on the part of all participants to the talks. We believe that all parties now need to take stock of their position and come back to the negotiating table in a frame of mind to reach an agreement. Does the Minster agree that it is necessary to have a renewed sense of momentum, with clear leadership and full engagement by all political parties? What concrete action are the Government taking to provide the necessary leadership at the highest level at this time?

As former President Bill Clinton said last week, making peace work is an “endless process”. It requires compromise, a cool head, leadership and a desire to put the best interests of all the people of Northern Ireland ahead of narrow political advantage. We sincerely hope that such an attitude will be forthcoming in the next few weeks.

Scottish Independence Referendum

Lord McAvoy Excerpts

Tuesday 14th March 2017 Lords Chamber

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

My Lords, a little over two years ago people in Scotland voted decisively to remain part of our United Kingdom in a referendum. The UK Government remain of the view that there should not be a further referendum on independence. Even at this late hour we call on the Scottish Government to take it off the table. Another referendum would be divisive and cause huge economic uncertainty at the worst possible time.

[Lord McAvoy (Lab)]

My Lords—

[Lord West of Spithead (Lab)]

My Lords, I should declare that I lived in Scotland for many years and was educated there. Does the Minister not agree that, to give clarity to the people of Scotland, if a referendum is allowed it is essential that it is held after the Brexit negotiations are completed, not in the midst of complex negotiations with no ability whatever to understand the implications of the detailed agreements being worked on?

[Lord Dunlop]

I am sure that the noble Lord received a very good Scottish education. Regarding the negotiations, Nicola Sturgeon said yesterday that she wanted the UK to get a good deal. I can think of nothing more calculated to undermine the achievement of a good deal than holding a divisive and disruptive independence referendum during the last six months of one of the most important peacetime negotiations this country has ever faced. At this time we should be working together to get the best possible deal for the whole of the UK and each part of it, particularly Scotland.

[Lord McAvoy]

My Lords, I was in a rush because I understand I have only a minute or so. The most important point is that there is no desire in Scotland for another referendum. It is simply not in Scotland’s best interest, especially not at a time when we need stability and a period of relative calm, not yet more uncertainty. Before the 2014 vote the SNP said that the referendum was a once-in-a-lifetime opportunity and promised that it would abide by the result. The fact is that ever since it lost in 2014 the SNP has been agitating for another referendum and will seize upon any excuse. Scottish Labour MSPs will oppose a second referendum in the Scottish Parliament, but if it is successful and comes here the Labour Party will not oppose it. But we certainly call on tough negotiations—tougher than the last time—over the timing and the question, because it is quite clear that Mr Alex Salmond ran rings around the then Prime Minister. If the Government want any advice on negotiations, I am available.

[Lord Dunlop]

I know that the noble Lord’s reputation goes before him, so I thank him for that offer. I strongly agree with what he said. We must respect the result of the independence referendum that took place in 2014. As Alex Salmond and Nicola Sturgeon said, it was a once-in-a-generation vote. Both sides signed the Edinburgh agreement, which committed to respect that result. Only two-and-a-half years after that vote, which was won by more than 10 points—a result that was fair, legal and decisive—the First Minister is now calling for another vote. All the evidence is quite clear that people in Scotland overwhelmingly do not want another divisive, disruptive referendum. They know the damage that it would do to the Scottish economy and Scottish jobs, taking the eye off the ball of the domestic agenda: schools, hospitals and getting the economy going again. That is what we should focus on.

Air Weapons and Licensing (Scotland) Act 2015 (Consequential Provisions) Order 2017

Lord McAvoy Excerpts

Thursday 9th March 2017 Grand Committee

[Lord McAvoy (Lab)]

My Lords, I, too, thank the Minister for his usual clear and, as has been said, logical exposition of what is entailed in this SI. It allows the Scottish Government to more effectively regulate the possession, purchase and acquisition of air weapons in Scotland, as set out in Part 1 of the Air Weapons and Licensing (Scotland) Act 2015. The tragic background to this initiative—how it all started—is well known in Scotland. Government as a whole must take credit for responding to public concern and campaigns, because when we stop reflecting public opinion, we end up in trouble.

I do not have an interest to declare now but my first job when I left school was in a pawnshop. Pawnshops were a necessary part of the economic life and survival of the working class in the west of Scotland. I enjoyed my time there but unfortunately it entailed working all day Saturday. As the pawnshop was within three-quarters of a mile of Celtic Park, I could hear every goal getting cheered while I was working away in the shop, unable to witness them. After a year and a half I left the pawnshop and went to work in a place where I could get Saturday afternoons off to go and see my favourite football team.

The order makes it an offence,

“for a pawnbroker to take in pawn an air weapon”,

and will ensure that pawnbrokers are held accountable to the law by imposing penalties of up to three months’ imprisonment, or a level 3 fine, on those who break it. When I worked in the pawnshop, we had regular visits from the police checking up on jewellery and other items that might not have been honestly acquired before being pawned. There was pressure on the manager of the pawnshop to comply with this. The noble Earl, Lord Kinnoull, mentioned administrative burdens, but my question is: has any work been done with the National Pawnbrokers Association to ensure that the new offence is widely communicated to those who will be affected? There are still pawnbrokers around and it will mean administration for them.

The provisions also allow for courts in Scotland,

“to order the forfeiture or disposal of any firearm or ammunition found in the possession”,

of a person convicted of an air weapon offence. Again, this is very welcome as it will ensure that persons convicted of air weapon offences will be covered by further measures protecting public safety. I know that the noble Earl has specific concerns about rural areas. My experience and my concerns relate to some of the abuses that were mentioned by the noble and learned Lord, Lord Hope of Craighead. I witnessed many of these when I was a boy and I always wondered why air weapons were allowed to be so easily acquired.

We commend the consequential provisions that will allow for the smooth further operation of the Scottish air weapon-licensing regime and contribute to a safer, more consistent firearms policy in Scotland. We welcome this measure.

[Lord Dunlop]

I thank all noble Lords who have taken part in this short debate for their general support for the order. Perhaps I could take some time to address specifically the substantive points that the noble Earl, Lord Kinnoull, has raised. He essentially raised two main points: the first relates to whether the regime is proportionate and the second to whether the Section 104 process could be used to ask the Scottish Parliament to think again about this or any other measure.

On the first point, we need to accept that responsibility for the regulation of certain air weapons in Scotland is now a matter for the Scottish Parliament and Scottish Ministers. The Scottish Government carried out detailed consultation on the main air weapon licensing proposals before the Air Weapons and Licensing (Scotland) Bill was introduced. The issue of air weapons licensing has been fully debated in the Scottish Parliament, and it is absolutely right that Scottish Ministers are held to account for the decisions they take by the elected representatives in that Parliament. Of course, UK government departments with responsibility for the relevant reserved legislation, notably the Home Office, which this order affects, were consulted during its drafting and it was approved by them.

The appropriateness of the new regime is an important issue. I understand that the Scottish Government worked closely with the Police Service of Scotland and, notwithstanding what the noble Earl said, with representatives of the main shooting organisations to ensure that the new licensing processes are as familiar as possible and appropriate to the lethality of the weapons affected. For example, there are currently more than 51,000 firearm or shotgun certificate holders in Scotland and it is expected that the majority of them, like the noble Earl, will also hold air weapons. So checks on existing firearm or shotgun certificate holders are not duplicated if they also apply for an air weapons certificate. Existing certificate holders can apply for a coterminous air weapons certificate to align with their existing licence.

The noble Earl mentioned the £72 fee for the full five-year air weapons certificate. There is also a reduced fee of £5 for firearm or shotgun holders who want to align their certificates to expire at the same time. Home visits to applicants will be required in only a small number of cases. Similarly, there will not be an automatic requirement for background medical reports on air weapons applicants; these will be required only in a small number of cases. As a result, the impact on NHS resources should be minimal. While the licensing regime is founded on the pre-existing firearms legislation, I hope that the examples I have given demonstrate the efforts that have been made to ensure the provisions are appropriate.

Turning to the noble Earl’s second point, it would not be an appropriate use of the Section 104 process to force the Scottish Parliament to think again about legislation it has passed in an area of its own competence, and which is now in force. We are today merely looking at consequential amendments to reserved legislation and were we to decline to pass this order, it would lead to gaps in the law. It would also set a very unhelpful precedent for managing intergovernmental relations—a subject in which I know the noble Earl takes a close interest—where mutual co-operation is so important, not least when it comes to reserved legislation that impacts on the devolved settlements or the devolved competence of Scottish Ministers.

The issue of pawnshops was raised. The licensing regime regulates trade in air weapons and to trade in those weapons, you must be a registered firearms dealer. Pawnshops are not registered firearms dealers, so this matches the existing Firearms Act 1968 position.

I was interested to hear the history of the noble Lord, Lord McAvoy, in relation to pawnshops. Consultation and making pawnshops aware of this legislation and their duties under it are obviously a matter for the Scottish Government. I do not have at my fingertips what work has been done to make them aware of it, but I am happy to follow up on that.

The noble and learned Lord, Lord Hope of Craighead, mentioned an exclusion. I am not sure I have the detail on this, but if I do not have it to hand I will be happy to write to him. I think it mirrors the position of other firearms in the 1968 Act, but I am happy to clarify that further.

Scottish Fiscal Commission Act 2016 (Consequential Provisions and Modifications) Order 2017

Lord McAvoy Excerpts

Tuesday 21st February 2017 Grand Committee

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

My Lords, I beg to move that the draft order laid before the House on 19 December 2016 now be considered. The background to this order is the Smith commission agreement and the Scotland Act 2016, which gave the Scottish Parliament significant new tax and welfare powers with responsibility for nearly £21 billion devolved and assigned tax revenues and more than £2 billion in demand-led welfare spending. Indeed, in future more than 50% of the Scottish Government’s budget will come from revenues raised in Scotland.

It is perhaps appropriate that we are debating this order today—the day on which the Scottish Parliament is, for the first time, setting income tax rates and bands for Scotland. It is therefore important that, also for the first time, there will be independent forecasts and analysis of the spending revenues within the responsibility of the Scottish Parliament, something to which your Lordships’ House attached great importance during the passage of the Scotland Act. It was also a key objective for the UK Government in the fiscal framework negotiations with the Scottish Government.

Prior to this point, the Scottish Fiscal Commission has merely scrutinised and commented upon forecasts produced by the Scottish Government. This order is therefore made in consequence of the Scottish Fiscal Commission Act 2016, which I shall refer to as the 2016 Act. It was passed by the Scottish Parliament on 10 March 2016 and received Royal Assent on 14 April 2016. The purpose of the 2016 Act was to establish the Scottish Fiscal Commission as a body corporate and to provide for its functions. These include preparing forecasts and assessments to inform the Scottish budget and a duty to co-operate with the Office for Budget Responsibility, so far as is necessary for it to perform its functions. The commission has a board of three commissioners, chaired by Susan Rice—Lady Rice—formerly CEO of Lloyds TSB Scotland, and it currently has a staff of 15. The impetus for the 2016 Act came from the fiscal framework agreement in February 2016 that set out the financial arrangements between the UK and Scottish Governments to underpin the new tax and spending powers in the Scotland Act 2016.

The commission was originally set up in 2014 as a non-statutory body with a main function of scrutinising the Scottish Government’s forecasts for tax revenues devolved to Scotland. From April 2017, the commission will become responsible for the production of forecasts on all revenue from fully devolved taxes and of income tax receipts arising from the rate-setting powers devolved to the Scottish Parliament. It will also produce forecasts of onshore Scottish GDP. This is important as under the fiscal framework agreement the Scottish Government are being given additional resource-borrowing powers, in part to assist in the management of any additional risks and volatility associated with extra devolution. The borrowing powers come into play if onshore Scottish GDP falls below certain trigger points.

This order is made under Section 104 of the Scotland Act 1998, which allows for necessary or expedient legislative provision in consequence of an Act of the Scottish Parliament. It will have UK extent and will enable the 2016 Act to be implemented in full. It contains provisions about the status of the commission and amends UK legislation which is not within the legislative competence of the Scottish Parliament.

Article 2, for example, makes the commission part of the Scottish Administration, allowing for its designation as a non-ministerial department. The effect of this is that the commission will be accountable to the Scottish Parliament. Also, civil servants who work in the commission, which is currently a non-statutory body, will transfer to the new statutory commission and continue to be civil servants. The Civil Service is a reserved matter under Schedule 5 to the Scotland Act 1998, so it is not within the legislative competence of the Scottish Parliament to enact such a transfer.

Article 3 reflects the fact that under the Crown Suits (Scotland) Act 1857 every action to be instituted in Scotland on behalf of, or against, an organisation in the Scottish Administration may be lawfully raised in the name of, or directed against, the Lord Advocate. In order to safeguard the perceived independence of the commission from the Scottish Government, Article 3 disapplies the 1857 Act so that the Lord Advocate, a member of the Scottish Government, should not represent the Commission.

Article 4 places an obligation on the Office for Budget Responsibility to co-operate with the commission. It is required to enable information sharing so far as it is necessary for the commission to fulfil its functions, and is a reciprocal duty to the one I mentioned earlier in the 2016 Act.

Finally, Article 5 amends the House of Commons Disqualification Act 1975 to disqualify members of the Scottish Fiscal Commission from being Members of the House of Commons. This is to protect the independence and impartiality of the commission and mirrors similar provisions in the Scottish Parliament legislation regarding elected representatives.

The UK and Scottish Governments’ Ministers and officials have worked closely together to ensure that this order makes the necessary amendments to UK legislation in consequence of the 2016 Act and the fiscal framework agreement. I hope that noble Lords will agree that it represents a sensible and appropriate use of the powers in the Scotland Act. I commend the order to the Committee.

[Lord McAvoy (Lab)]

My Lords, I thank the Minister for his clear and lucid presentation of the order. It is a step in the right direction that we on the Labour Benches welcome. It is commendable that both Governments have been able to come together to provide for independent scrutiny of Scottish Government finances. Noble Lords may be aware that some members of the Scottish Government were initially uncertain about the wisdom of setting up an independent body to scrutinise their work, and kept changing their minds. We are glad that they have been brought around to the idea.

As the Minister said, this measure emanates from the Smith commission. I am lucky enough at the moment to have the services of a Hansard intern, a young man from Latvia—one of the countries that escaped the Soviet yoke over the past few years—and he is interested in constitutional matters. The basis for this order is commendable in terms of the agreement reached, and the measure agreed must serve as a model for some constitutional change in different parts of the world. For the first time, there will be independent forecasts and analysis of the spending and revenues of the Scottish Parliament. This is incredibly significant because the Scotland Act 2016 turned the Scottish Parliament into one of the most powerful devolved Parliaments in the world. With that responsibility must come transparency, independent scrutiny and accountability.

This order is made as a consequence of the Scottish Fiscal Commission Act 2016, and enables the Act to be implemented in full. We welcome the reciprocal duty that this order places on the Office for Budget Responsibility to co-operate with the Scottish Fiscal Commission. Can the Minister say whether work is already under way to build structures for this co-operation between the two bodies, and whether the OBR is offering advice and guidance on recruitment and impartiality ahead of the Scottish Fiscal Commission’s expanded role?

This order embeds the newly empowered fiscal commission as part of the Scottish Administration and removes any uncertainty about its future. It builds a welcome infrastructure to ensure both current and future Governments are held to account. We look forward to the work the commission will do to shed light on Scottish Government finances now and for many years. This totally justifies the initial implementation of the Scotland Act 1998, which started us on the road to devolution. We welcome this measure.

[Lord Dunlop]

I am grateful to the noble Lord for his support for this order. He is right to point out that initially the Scottish Government were not persuaded of the need for the Scottish Fiscal Commission to undertake independent forecasting. This was one of the positive outcomes from the discussions in which he and I exchanged many views on the fiscal framework negotiations.

As to the provision of information and advice, the order enables and facilitates the provision of reciprocal information between the Scottish Fiscal Commission and the OBR, and I am sure that that will take place. The noble Lord is right to point out the importance of constituting a Scottish Fiscal Commission that is properly resourced with the right expertise. It is fair to say that there is a relatively small pool of people who have the expertise to carry out this technical forecasting and modelling. I am sure that discussions are going on to ensure that the Scottish Fiscal Commission has the right people to do what will be its important job of making these forecasts and ensuring that the information on which the Scottish Government take their decisions is well founded.

[Lord McAvoy]

I would like to clear my conscience. I mentioned the Latvian intern but did not mention his name. He is Mr Ralfs Beitans—I feel a bit guilty about using his work and not mentioning him. The Minister’s response indicates the level of co-operation and agreement that has existed between the two Front Benches to deliver a powerful Scottish Parliament, and I am grateful to the Minister for that.

[Lord Dunlop]

I am grateful to the noble Lord for his excellent co-operation during this process. As I said during the passage of the Scotland Act, we will continue to return to this House and the other place to report on the progress of the fiscal framework.

Northern Ireland: Legacy Agreement

Lord McAvoy Excerpts

Tuesday 24th January 2017 Lords Chamber

[Lord Dunlop]

First, I recognise my noble friend’s great experience of these matters, having himself served, as he said, in the Armed Forces in Northern Ireland and as a Minister in the Northern Ireland Office. We remain unstinting in our admiration and support for the police and the Armed Forces. We clearly want to build consensus on the way forward on how to deal with the past. I do not think that it would be right to impose. We want to build that consensus, and that is what we will focus on in the weeks ahead.

[Lord McAvoy (Lab)]

My Lords, in dealing with the past, the Labour Party totally agrees with the Minister that there has to be a consensus. I have reluctantly come to the conclusion that, on balance, party contacts with Ministers during an election could prove too difficult. But the Secretary of State and his team should use the time, along with the Irish Government as guarantors, to prepare for a full reinstatement of Stormont. There is nothing more important than the restoration of Stormont so that the legacy issue can be carried forward with agreement. Does the Minister also agree that the Secretary of State should instigate proposals to facilitate this and be a driver in this process?

[Lord Dunlop]

Re-establishing a fully functioning Executive after the election is an absolute priority for the Government. As I have said in this House many times before, we will leave no stone unturned to achieve that. Dealing with legacy is absolutely one of those issues where we require fully functioning devolved institutions. We need to build on the discussions that the Secretary of State has already had with the political parties so that we can move forward as soon as we can after the election.

Northern Ireland: Devolved Powers

Lord McAvoy Excerpts

Wednesday 18th January 2017 Lords Chamber

[Lord McAvoy (Lab)]

My Lords, it is a well-known fact that it can never be too early to start discussions regarding problems and issues in Northern Ireland. Notwithstanding the fact that an election will now take place, can the Minister confirm whether the Secretary of State for Northern Ireland is willing to consult with all political parties in Northern Ireland during the election process, so as to pave the way, hopefully, for that Assembly to operate, once it is elected?

[Lord Dunlop]

I do think that it is important to keep open the lines of communication with the parties throughout the election period for precisely the reason that the noble Lord gives. We need to have an open dialogue so that we are in the best possible position to re-establish a strong and stable devolved Government after the poll in a few weeks’ time.

Northern Ireland Assembly Election

Lord McAvoy Excerpts

Tuesday 17th January 2017 Lords Chamber

[Lord McAvoy (Lab)]

My Lords, I thank the Minister for repeating the Statement made by the Secretary of State in the other House. I am saddened to be standing here again responding to this Statement after our discussion last week. I know the whole House shares my regret that we have reached this impasse. We can only imagine the disappointment that is felt in communities across Northern Ireland. It has been only 10 months since voters in Northern Ireland went to the polls and in six weeks’ time, on 2 March, they will be asked to do so again. The Secretary of State has fulfilled a statutory duty to call an election where the positions of First Minister and Deputy First Minister are not filled within a seven-day period.

The Secretary of State must recognise, as I am sure he does, that he has a responsibility not only to call an election but to look to the future of Northern Ireland following that vote, and to work with all parties during this period to continue dialogue and ensure a return to strong, stable devolved government in Northern Ireland as soon as possible. I am sure he understands that the negotiations must always be confidential, not broadcast to the world, but to give people hope there have to be signs that the Secretary of State is being proactive in this period of the election. On that theme, what plans does the Secretary of State have to remain in conversation with all parties, as well as the other guarantor for the Belfast agreement and the Stormont agreement—the Irish Government—to continue a dialogue ahead of the days following the election?

The people of Northern Ireland must not be subjected to six weeks of increasingly acrimonious campaigning that leads nowhere. We have no hesitation in supporting the Government’s call for the political parties to remain open to dialogue and to conduct the election with respect, with a view to the future and the challenges they must face together as an Assembly in order to represent the interests of all the people in Northern Ireland.

We realise that the tension of an election campaign will dominate people’s focus and that the news agenda may be centred on other issues today, about which we have just heard in the previous Statement, but we must not lose sight of what is at stake here. This election and the weeks that follow are critical to the future of the devolved Assembly in Northern Ireland, on which peace and prosperity have been based. A political vacuum and empty Assembly Chambers achieve nothing. We and those on all sides of the political debate wish to see continuing peace and prosperity, a growing economy and an improved quality of life for all in Northern Ireland.

We know that the RHI situation was only one part of what has led us here, and that it shed light on many deeper underlying tensions. Communities in Northern Ireland have still not seen enough progress on how we are to deal with the legacy of its unique and painful past and the experiences of victims and their families in Northern Ireland. While we still look for leadership on this sensitive and ongoing issue, each year brings new challenges of its own. Northern Ireland right now is facing the future of our exit from the EU and the specific impact and changes this will bring to this part of the UK, which is uniquely placed in sharing a land border with an EU member state.

Last week the Secretary of State gave assurances that there will be scope for the voice of Northern Ireland to be heard in the continuing run-up to our UK exit negotiations through the joint ministerial council. We seek further assurances that the election will not disrupt this intention, and that all parties are willing to continue to take part in UK exit negotiations.

We need a stable, working, power-sharing Government to move forward with these issues. This will require responsibility, trust and mutual respect on both sides. We have seen over the past decades what the courage and compassion of the Northern Irish people can achieve and, despite setbacks, we continue to have great faith in what can be done.

The UK Government have a responsibility as a co-guarantor of the Good Friday agreement, and we warmly welcome the explicit reference to those commitments in today’s Statement. The Labour Party is ready to do anything it can to assist the Government in the very serious situation they now face. When people go to the polls in a few weeks’ time, they will be voting for representation, for action and for their future. The priority for all Northern Irish parties and for all in Westminster in the weeks ahead must be to live up to the expectations of the Northern Irish people and return to a stable, functioning devolved Assembly.

We firmly agree with the closing sentiment of the Secretary of State’s Statement, and we hope that all parties will rise to that challenge in the weeks ahead.

[Baroness Suttie (LD)]

My Lords, I too thank the Minister for repeating the Statement, and I too very much regret that it has not been possible to find a way through the current crisis.

Northern Ireland has come such a very long way since the dark days of the Troubles. A great many people, including many Members of your Lordships’ House, have worked tirelessly, made sacrifices and accepted compromises to ensure that there is now a generation of young people in Northern Ireland who have grown up without the daily threat from terrorism. Like the Secretary of State for Northern Ireland I very much hope that, after the inevitable cut and thrust of the forthcoming election campaign, we can return full-heartedly to this process.

However, the incident in Poleglass at the weekend, where a viable explosive device was discovered, serves as an all-too-clear reminder that this process cannot be taken for granted. I take a moment to pay tribute to the PSNI officers and the Army bomb disposal team who worked in the area to ensure the safety of the local community.

I share the concern expressed by many in recent days that the forthcoming election campaign risks further entrenching division and increasing mistrust between the political parties in the Assembly. Northern Ireland now faces extremely important and difficult negotiations over Brexit—perhaps more so because of the Statement earlier today.

Now, more than ever, the people of Northern Ireland need a strong, functioning Government to ensure that their voice is heard. To that end, can the Minister guarantee that the Secretary of State will continue to consult all political parties in Northern Ireland on Brexit during the election period? Will he consider convening discussion with all political parties, as well as the wider community, in a format that will allow the proper space for informed thinking and debate to ensure the best outcome for all the people of Northern Ireland in the Brexit negotiations?

Finally, will the Minister ensure that there is no delay in establishing an independent inquiry into the RHI scheme? Such an inquiry is desperately needed to help to restore confidence and trust in politics in Northern Ireland.

Northern Ireland: Political Developments

Lord McAvoy Excerpts

Tuesday 10th January 2017 Lords Chamber

[Lord McAvoy (Lab)]

My Lords, I thank the Minister for repeating the Statement. This is, as he said, a grave situation, and it is not where any of us want to be.

This House has a long memory and much expertise on its Benches, and we can remember a time when people across Northern Ireland did not know the peace that we see today. There has been a huge amount of progress that inspires hope in Northern Ireland. This was built on the hard work and compassion of the Northern Irish people throughout the community and a great many people across the political divide.

I pay tribute to Sir John Major for his role in a previous Conservative Government in kicking off such discussions. I also pay tribute to the noble Lords, Lord Trimble and Lord Alderdice, for their contribution to the position we have arrived at today. I also thank the many Members of your Lordships’ House who have contributed daily to the good will within the communities and to the peace we have achieved.

For the Labour Party, the Good Friday agreement is one of the greatest legacies of our Labour Government, and the contribution that we made to it was substantial. I am glad to see that my noble friend Lord Murphy of Torfaen is here, because we all remember his terrific contribution to the maintenance of peace in Northern Ireland.

The situation today is a threat to the institutions that peace and reconciliation are based on. The Labour Party has no hesitation in offering its full support and any help that it can give the Secretary of State and the Government in seeking to maintain political stability in Northern Ireland.

We welcome the fact that the Secretary of State is in touch with all the major parties, as well as the Northern Ireland Justice Minister, and that he is in discussion with the Irish Government. We support the aim to facilitate talks and seek a resolution to this impasse before another election becomes inevitable. It may be regarded as a last throw of the dice—as a last resort—but surely, before the seven days is up, the Secretary of State must consider convening a round table of some import with the individuals concerned to have a final go at seizing this situation. However, I totally accept that many people feel that we may be past that point, as the Minister’s Statement made clear.

What discussions has the Secretary of State had about the work that will need to be done to support and stabilise the devolved institutions after the election, if one is called? The Minister referred to the widely held view that an election will change nothing on its own, so what preparation is being made to deal with that set of circumstances and the challenges that might lie ahead?

The Northern Ireland renewable heat incentive scheme was the final catalyst for the events that have brought us here, but the Minister is right to recognise that the situation occurred in the context of existing and far deeper tensions. That context includes a wider failure to resolve issues in dealing with the legacy of the past.

There has been the impression of a political vacuum on this issue in recent months, which has fed instability. I know what goes on behind the scenes, which is not broadcast, but life is about perceptions as well, and the legacy issue has been like a poison feeding into the well of public consciousness in Northern Ireland. I would like to see that work made more visible. What work is under way and what more does the Secretary of State plan to do to earn agreement on a path forward for those coping with the legacy of the past in Northern Ireland?

On the renewable heat incentive scheme, what estimate have the Government made of the cost to the Northern Irish economy of the scheme’s failure? Has the Secretary of State spoken to the major parties in Northern Ireland specifically about setting up a comprehensive and impartial inquiry?

We all want Northern Ireland to look forwards to the future, to prosperity and to an enduring peace agreement. Division gets us nowhere. There are modern challenges facing Northern Ireland, not least of which is ensuring the best deal for the Northern Irish people in the UK’s exit from the European Union. We are at a crucial time for negotiation planning, so I must ask the Minister what impact the Government believe this instability, and a possible election period, will have on the representation of Northern Ireland in talks regarding the UK exit?

The world is watching. As has been said, there is widespread admiration for people on both sides of the community in Northern Ireland, who have come together to ensure peace. The successes after decades of hurt and violence have earned admiration throughout the world. Any damage to the process of peace and reconciliation on our collective watch would be a great discredit to us and a great disservice to the people of Northern Ireland, who I am sure do not relish the thought of a possible election.

[Baroness Suttie (LD)]

My Lords, I, too, thank the Minister for repeating the Statement to your Lordships’ House this evening.

As the Secretary of State has said, the truly peaceful society that we all wish to see in Northern Ireland is intricately bound together with politically stable institutions and a strong economy. It is therefore essential that the people of Northern Ireland have confidence that there is a coherent and collective Government in Stormont—a Government who are open and accountable and working in the best interests of the whole of Northern Ireland.

The stability of the devolved institutions in Northern Ireland is more important now than ever, given the particular challenges that will be presented by Brexit in the coming months. It is clear that cool heads and calm leadership are needed in order to resolve the current difficulties. It is also clear that the crisis reveals deeper problems than the specific issues that have come to the fore in recent weeks. To that end, will the Minister confirm that the Secretary of State will convene immediate talks with all the political parties in Northern Ireland? Will he also ensure that such talks do not just focus on the immediate issues in relation to the RHI scheme but look at measures to improve openness and transparency in the Executive, the Assembly and politics, including transparency in party funding in Northern Ireland?

Although I welcome the Secretary of State’s support for a comprehensive, transparent and impartial inquiry, can the Minister confirm that the Government will ensure that the establishment of this inquiry is not delayed by yesterday’s announcement, and that, if the Executive fail to establish an inquiry, this Government will consider doing so?

Scottish Government: Welfare

Lord McAvoy Excerpts

Monday 19th December 2016 Lords Chamber

Tabled by

[Lord McAvoy]

To ask Her Majesty’s Government what progress they are making in the transfer of full welfare responsibilities to the Scottish Government as provided for by the Scotland Act 2016.

[Lord Foulkes of Cumnock (Lab)]

My Lords, on behalf of my noble friend Lord McAvoy, and at his request, I beg leave to ask the Question standing in his name on the Order Paper.