(5 years, 5 months ago)
Lords ChamberMy Lords, I welcome the debate in Committee this afternoon. I wonder, as I listen to some—not all—of the speeches whether this is all about having a go at the Democratic Unionist Party, or perhaps because there is a local government election on the horizon. I say that very clearly. I wonder whether, in trying to resolve a serious situation, this is about politics more than anything else. At the outset, I thank the Minister for the many meetings we have had with him on this complex situation, as the noble Lord, Lord Empey, said.
The Minister will be aware of our deep concerns over the lack of proper scrutiny of these proposals; we have made him aware of that on several occasions. I said in the House last week that if people entered the RHI scheme in good faith and feel that they are now being treated unfairly, it is certainly not the fault of the people who entered the scheme. But, of course, we know that this situation has resulted from a decision by the European Commission on state aid rules; it is very clear on this. Maybe the Minister could clarify that the Commission has indicated that it is not in a position to approve a tariff that delivers a rate of return of higher than 12%. Can the Minister confirm that this is a way of putting this scheme on a strong legal footing? There are legal issues with this scheme. Certainly, the failure to go down the road of looking at a scheme with a rate higher than 12% would make the scheme illegal. That is an interesting point, which I would like the Minister to clarify as well.
I am certainly led to believe that the failure to agree this scheme would mean that payments would not be made to anybody, and the closure of the scheme. These issues deeply concern us, and certainly concern many of the people who bought into the scheme and who now feel very aggrieved—I can understand all that. However, the Minister tells us that if we do not go down this road of agreeing this scheme, there is no scheme, and if we agree the amendment in the name of the noble Lord, Lord Empey, it will make the scheme illegal. All these issues need to be clarified by the Minister.
I welcome the Northern Ireland Affairs Committee’s inquiry into the scheme; it will be interesting to see where it sits on this issue. I welcome the Secretary of State for Northern Ireland, who has undertaken to consider carefully any recommendations regarding the scheme from the Northern Ireland Affairs Committee. However, once again, we are told that this scheme must be approved by 1 April, because if it is not, nobody will be paid and there will be no scheme. There is therefore a conundrum here for all of us as we try to find a way through this difficult issue. When you are told about that information, and all that comes together, it is a conundrum. It is either this scheme or no scheme, and it is important that the Minister clarifies all those positions and issues when he winds up.
We are all getting emails and letters from individuals about the scheme and how they entered it, and so on. Will the Minister also undertake that he will investigate the cases of individuals who came to him directly, or who come to us and we pass on to him? That might help us to resolve some of these problems, because people are sending everyone emails—I think we have all received a number of them—but it is difficult to guide them to where they should go for further investigation. If the Minister could say that he and his department will take that on, it might be a way to get people who have deep concerns about the scheme to where they need to go for full investigation.
With the Northern Ireland Affairs Committee’s investigation going on as well, my problem is that if we wait until the committee’s report is published, it will be too late. The scheme must be operational by 1 April or no one will be paid and the scheme will be gone.
Surely the Minister needs to clarify. Can he not find a legal way to keep the tariffs as they are until the Northern Ireland Affairs Select Committee has concluded its deliberations? It is difficult: this axe will fall because the date of 1 April has been set. Surely the Minister can find another way to fulfil his obligations to Europe but allow the present situation to continue until a proper investigation is concluded into this matter.
I was coming to that point. I know that the Minister is around this brief—he is around every brief, but this one in particular—because we have had so many meetings with him. I think my noble friend Lord McCrea is saying: yes, he can still do what needs to be done, but is there any way legally that might help us to move all this on? The issue is ensuring that whatever is done from here on is legal. Let us try to take the politics out of this, because this is too serious a situation to involve politics. Let us take the politics out of it, deal with this serious situation and try to find a way forward.
My Lords, I would be more than happy to be a signatory to the amendments, and I am particularly pleased that two of my Belfast-based colleagues are responsible for tabling them. Someone like me—representing, as I did for many years in the other place, the south-west of the Province of Northern Ireland—knows what it is like for farmers to find themselves misled and encouraged to participate in a scheme such as this. I am seeing this happen to those who were my constituents. We get some change and, like many, I have some hope that the Minister will have a means towards resolution.
I go back a long way in farming in Northern Ireland. Moy Park, which grew from very small beginnings, is now an internationally known farming enterprise. As a teenager—when Dungannon Park, as it was originally known, was establishing its breeding stock—I had the annual job of going to Dungannon Park and testing every single breeding stock for BWD. Members will not know what BWD is, but I will not go into the finer details. I saw Moy Park grow from small beginnings to the firm it is now. The people who helped it grow were the ordinary farmers, the people who have been misled.
Noble Lords will remember that last week I read on to the record the letter sent to the banks by the then Minister of Enterprise in Northern Ireland, which grandfathered—to use her word—the scheme that encouraged ordinary farmers to take out loans to be repaid over a five-year period. Remember that farms in Northern Ireland are small enterprises compared with farms in GB. That will now become impossible because of the reduction—I may not have these figures right—from £13,000 per burner per year to a mere £2,000. This new biomass scheme encouraged farmers to look to the future, to the son who would inherit their small farming enterprise and carry it forward as part of the backbone of the Northern Ireland economy.
I hope that noble Lords will look very carefully, not at the emotional dilemma that I face—noble Lords will understand why—but at the moral dilemma that the Government should face when they allow things to move forward without maintaining a firm hand on the tiller. In Northern Ireland, we have endured years of non-government by the Assembly, yet we find the money to keep that afloat when many of us believe that a more radical solution—a return to direct rule—is a way forward. When speaking here, we would feel that we had a direct influence on what the Government thought and did. Instead, I had what was intended to be a helpful briefing yesterday evening from the Northern Ireland Civil Service, the people who conspired—I should not use the word, but I will, for want of a better one—with the Minister in charge of this scheme to bring forward what has proved to be a flawed scheme. I do not believe that there can be any moral justification whatever in leaving Northern Ireland’s farmers to carry the can for that error.
I hope that the Minister will address how the Civil Service can be allowed to concoct something that perhaps frees it from an inquest into its behaviour and, at the same time, leaves our farming industry in a dilemma which I fear it will be difficult for it—and impossible for some—to survive.
I feel that some facts need to be stated. No one in the political establishment in Northern Ireland comes out with any glory whatever from the RHI scheme. I remind Members that the Northern Ireland Executive, who represented a large range of political parties, passed this scheme unanimously. The Northern Ireland Affairs Committee, which scrutinised this scheme from the Northern Ireland Assembly, passed it and so gave its backing to the scheme. The idea that somehow one person or one Minister decided on the scheme is not factually correct. It was the Northern Ireland Executive who passed the scheme, and they include the range of major political parties in Northern Ireland.
The heart of the scheme was a good one, because—as it says in the title—it was an incentive scheme. No one will be surprised to hear that those who entered into the scheme were being granted an incentive to do so, and found that incentive attractive. For many of them, things have turned out to be very different, but they entered into the scheme in good faith. I too have received a number of emails because, like the noble Lord, Lord Maginnis, I was a Member of another place, in my case representing for 25 years Mid Ulster and South Antrim, both of which have large farming communities. I am also a farmer’s son and own land—I declare that interest; however, I point out that I have nothing to do with the scheme. We ought to await the report of the public inquiry into the overall scheme. Irrespective of who may be identified as having made mistakes in the development of the scheme, the vast majority of participants did not. It may be that a few abused the scheme, and no one in your Lordships’ House can justify anyone abusing such a scheme, but I reiterate that the vast majority of those who entered into it were hard-working, honourable people, who now face uncertainty at a time of tremendous economic challenges.
I know there are those who seek to point fingers. However, as the noble Lord, Lord Trimble, indicated, we should move forward to see how we can assist at this time. It should be said of this scheme, because it seems to have been obliterated from the record, that the then Minister at the Department of Agriculture—now the leader of Sinn Féin in Northern Ireland—sent officials around Northern Ireland to have clinics and meet farmers to encourage them to get into the scheme. That ought to be put on the record. There are those who seem to forget that involvement in encouraging people to take up the scheme.
I am deeply saddened that, in the light of the proper inquiry launched by the Northern Ireland Affairs Committee, the Government have stated that they cannot delay making changes to the present tariff until the inquiry is completed.
We also need to find out, in detail, information concerning the tariffs in operation in the scheme in England and the proposed tariffs for a scheme in the Irish Republic. Remember, these are all under EU rules, and therefore we need to ensure that the participants in the scheme in Northern Ireland—who are not only farmers—are not disadvantaged compared to the rest of the United Kingdom, especially England, or the Irish Republic.
It is a sad reality that this has been tagged on to the end of a rates Bill. That causes anxiety, because it means there is no appropriate and proper scrutiny of this situation. No stone should be left unturned in finding the appropriate way forward so we can ensure that, under the present EU rules, Northern Ireland participants in the renewable heating scheme are not treated less favourably than anyone in the Irish Republic or in England.
In closing, I want to ask the Minister these simple questions. Is it definite that the Government have no legal way to continue the present tariff until the Public Affairs Select Committee concludes its work and issues its finding? That, in my opinion, would have been a decent and honourable thing to do.
If these proposals are not actioned, and no matter how the Members of this House might feel, is it a fact that on 1 April the participants in the scheme will cease to receive any payments under the RHI scheme? Can the Minister give a cast-iron guarantee that, should the Northern Ireland Affairs Select Committee identify an injustice under EU state aid rules between what operates in England and what is proposed in the Irish Republic, the Government will immediately rectify that situation and remove that injustice, with repayments being made accordingly?
Can the Minister give further details of the proposed buyout scheme for those who feel trapped and are unable to continue in the renewable heat incentive scheme because of the major drop in tariffs being paid to them? Will the amount offered under such a scheme be sufficient for farmers to get out of the scheme and not face financial hardship?
I feel that there are many questions still unanswered. I trust that the Minister will be able to clarify some of them, because they are very important. I agree with noble Lords that there are people who are genuinely hurting through no fault of their own. They should not be left to pay the penalty.
Can the Minister clarify the position on a question which I asked? Should the Northern Ireland Affairs Select Committee find that an injustice or inequality has been done, given the tariffs received by those in England or those in the Irish Republic under the state aid rules, will the department ensure that that will be rectified immediately and further repayment made accordingly?
One of the challenges in trying to compare the schemes across these islands is that a like-for-like comparison of the various elements is hard. However, the rate of 12% is broadly the constraint within which all must operate, because that is the state aid rule. Were the NIAC to discover a particular inequity which breaches beyond that point, they would be compelled to act in that regard. However, the 12% being applicable to all should mean that there is fairness. The noble Lord should be aware that, because the earlier scheme in Northern Ireland set its returns at such an extraordinary rate—upwards of 50% —the challenge remains that any adjustment thereafter down to 12% on the basis of averages would take that 12% higher than it would otherwise be, had it been 12% at the outset. I do not wish to make any particular point about that issue, I merely note that the challenge is now to remain within the law as specified by the European state aid rules.
(5 years, 7 months ago)
Lords ChamberMy Lords, I believe that in 2016 the people of the United Kingdom gave a clear instruction to their elected representatives that the UK was to leave the EU. Under that democratic mandate, our Government entered into negotiations with Europe, seeking an honourable settlement that would action the will of the people. However, we know that since that time there have been those who have sought to deliberately thwart the will of the electorate—much to the delight of those in Europe, who have for years reaped the benefit of the billions that have flowed from the British Exchequer.
A few weeks ago, we anticipated that we had arrived at decision time regarding Brexit, but in the middle of our previous debate the Prime Minister pulled the vote, knowing that Parliament would not accept her deeply flawed deal. From the beginning, the DUP’s position has been consistently stated, publically and privately. When we entered into the confidence and supply arrangement with the Government, it was known that the DUP desired a sensible exit from the EU that strengthened the union and benefited all parts of the United Kingdom. Our genuine endeavours have always been to secure a workable withdrawal agreement with the European Union that would provide security and stability for all—but we made it abundantly clear that we would not agree to a new border in the Irish Sea that would undermine the integrity of the United Kingdom and threaten our precious union. Indeed, that was the position of the Prime Minister as well at the time.
We insisted that no new regulatory barriers would develop between Northern Ireland and the rest of the UK and that Northern Ireland business must enjoy the same unfettered access to the whole of the UK internal market. Although the Prime Minister and her negotiating team were aware of those demands, the Government allowed themselves to be pushed around by Dublin and the rest of Europe, and they are presenting a withdrawal agreement that would place a regulatory border between Northern Ireland and Great Britain, contrary to the explicit pledges given by our Prime Minister.
The backstop arrangement that the EU has demanded leaves the entire UK trapped until the EU decides to release it. It is claimed that the backstop is necessary to prevent the erection of a so-called—fictional, we now find—hard border. However, in reality, the notion of a hard border was only a negotiating ploy on the part of the EU to secure its aims in the negotiations, encouraged and at the behest of the Irish Republic.
Now we are being inundated with letters and assurances that Europe hopes will help the Prime Minister get her flawed deal over the line. If passed by Parliament, the withdrawal agreement becomes a legally binding international treaty. Therefore, only changes to the legally binding treaty can deliver the assurances that any true unionist could accept. From our experiences with successive Governments, we know only too well that letters of comfort or promises are often meaningless, because in effect an international treaty supersedes and overrides any contrary domestic legal provision. Sadly, promises and assurances can be swept away at the whim of any Prime Minister to suit the political survival of the Government in office at the time. So I make it clear: the Democratic Unionist Party will not support an internationally legally binding withdrawal agreement that does not protect the economic and constitutional integrity of the United Kingdom.
The DUP has been challenged that we do not represent the views of the electorate of Northern Ireland. Let me face this. We are often reminded that 56% of the electorate in Northern Ireland voted remain and that 44% voted to leave—but let us scrutinise those figures. In actual fact, of that 56%, we find that 88% of all nationalists, many of whom have for years worked for the destruction of the United Kingdom, voted to remain, while 66% of unionists voted in the referendum to leave the EU.
Of course, the question asked was whether the UK as a whole should remain in or leave the EU, but in this agreement Northern Ireland is to be economically and constitutionally separated from the rest of the United Kingdom and trapped within the EU while the rest of the UK has the possibility of leaving. No unionist worthy of the name could accept such a proposal, and certainly my colleagues in the DUP will, without apology, vote against it.
On 9 January the Government published so-called assurances, but paragraph 44 says:
“This paper has focused particularly on the role that the Northern Ireland institutions will play in any scenario in which the backstop would take effect”.
They do not seem to get it. We reject the backstop. Those assurances merely allow for consultation, and that consultation with the Northern Ireland Assembly will have no ultimate bearing on the decision taken by Parliament because paragraph 17 says Parliament will have a decisive role in the decision.
After the letters come the threats. The Secretary of State raised the threat of a possible border poll and the UK Government’s commitment to peace funding after 2020 now seems tied, by Karen Bradley, to ratification of the withdrawal agreement. The resorting of the Secretary of State to such scaremongering and threats is to be deplored and proves only how threadbare are the arguments in favour of the Prime Minister and her deal. Instead of the cast-iron guarantees previously promised when the vote was delayed in December, we have the wheels of Project Fear furiously turning.
The mandate from the electorate was clear: the UK leaves the EU. Leave means leave. We do not need a dictionary to help us to understand what that means. Let us honour our moral obligation and leave on 29 March. We joined the EEC together and, as one, we should leave the EU together.
(5 years, 8 months ago)
Lords ChamberI thank the noble Lord for his observations. He goes some way towards explaining why we arrange for these agreements to be interpreted by lawyers, not diplomats. Of course entering into something such as the Northern Ireland protocol involves an element of political judgment; we have to accept that, and the Attorney-General was entirely candid about that. There is a political judgment to be made. There is in the agreement no express right of unilateral withdrawal, and we accept that as well. However, if one or other party decides not to obtemper their obligations, there are mechanisms to address that.
My Lords, I am sure the Minister will accept that this matter has major implications for Northern Ireland as an equal part of the UK and that the “best endeavours” that are spoken of today bring little comfort to us. So that we are not left to rely upon leaks from Cabinet papers, will the Minister confirm that the Attorney-General’s legal advice contains a warning on the use of the Irish backstop, in that it will continue unless and until a trade agreement between the UK and the EU supersedes it?
I thank the noble Lord for his question but I am not in a position to say that the Attorney-General has or has not given legal advice on any issue to the Cabinet.
(5 years, 9 months ago)
Lords ChamberMy Lords, I am pleased and honoured to make my maiden speech today. I thank your Lordships for the kindness and support that I have received since entering this House. I particularly wish to thank my noble friends Lord Morrow of Clogher Valley and Lord Browne of Belmont for introducing me to the House. I am deeply grateful for the guidance and advice offered by all the officers and staff whom I have met, and I appreciate their helping me to learn the workings of this House in such a professional and gracious manner. I acknowledge the encouraging and welcoming words of noble Lords from across this House, many of whom I recall from my years in another place.
As a young man I had the privilege of entering local government in Northern Ireland, and served there for 37 and a half years. For 25 years, I enjoyed the thrust of public debates in the other place and several years in the Northern Ireland Assembly. However, I confess to finding this a daunting experience, having listened carefully to the richness of the contributions of noble Lords in this House today and in previous debates. Each brings a wealth of knowledge and experience, from so many walks of life.
I believe it is also important that I nail my colours to the masthead. For 50 years I served as a Christian minister in Magherafelt and only recently stepped down from my responsibilities there. With deep humility, I thank God for all the years He has given me as a preacher of the Gospel of the Lord Jesus and, by His Grace, I will seek to take my stand for Him in this House.
I am humbled to be given this honour of speaking in such an important debate today, sitting among your Lordships and contributing to the deliberations. This take-note debate on the Statement by the Prime Minister has great relevance and importance to the people of Northern Ireland; it has major implications for the future, regarding not only our exit from, and relationship with, the European Union, but the future of our precious union of Great Britain and Northern Ireland. I come from a Province that has endured years of IRA terror; many of our fairest and bravest men and women were murdered defending the union. For over 30 years, bombs and bullets bombarded us, seeking to break the spirit of our people and our determination to remain part of the United Kingdom. It is true that on many occasions these terrorists broke our hearts, but they never broke our resolve.
We are proud to be a part of the United Kingdom but I believe the deal presented by the Prime Minister threatens the integrity of that union. If these proposals were implemented, we in Northern Ireland would have to take rules from a body without any representation, governed by laws which, even if they damaged our economy, could not be changed and on which we would have no say. These proposals drive a coach and horses through the devolution settlement and our constitutional practices to suit the European Union. The nominal excuse for this is to avoid a hard land border. They have not resolved it; they have moved it and plan to implement a sea border inside our own country instead.
The Government’s claim of a United Kingdom customs solution is simply untrue. Northern Ireland will be in the EU customs territory while Great Britain will not. If Great Britain were to leave then the EU would have the right to impose a customs border. Northern Ireland is the hostage to prevent GB leaving or the sacrifice if it does. In the past week, a European customs expert has made it clear that the hard land border is a “fictitious problem” but, based on this fiction, Northern Ireland is to be pushed further away from Great Britain. Even the Prime Minister of the Irish Republic says there will be no hard border. For a backstop that is never to be used, it takes up a substantial chunk of the withdrawal agreement. The backstop is never to be used, they say, but if it were, it would be only temporary. Then we are told it is a wonderful thing—that long-term investments could ultimately be made upon it.
The people of Northern Ireland have a respect for straight talking. They do not stand anyone seeking to pull the wool over their eyes. There are those who have called for another referendum. The people have spoken. Had the people voted the other way, I wonder how many would be calling for a second referendum. The United Kingdom of Great Britain and Northern Ireland must leave the European Union on equal terms. The present proposals are not a good deal for the United Kingdom and should be rejected. My party, the Democratic Unionist Party, will do the honourable thing and vote against them.
(11 years, 6 months ago)
Commons ChamberQ1. If he will list his official engagements for Wednesday 13 February.
This morning, I had meetings with ministerial colleagues and others, and in addition to my duties in the House, I shall have further such meetings later today.
My constituent Constable Philippa Reynolds is being buried this afternoon, having been killed on duty with the PSNI in Londonderry. I am sure the whole House will join me in expressing sympathy to her family and acknowledging her dedicated service.
The horsemeat scandal has not only seriously undermined confidence in the safety of the food we eat, but threatens a very successful meat industry. Will the Prime Minister assure me that the Government will relentlessly follow every lead until each person or business responsible for any criminal or fraudulent act has been caught, exposed, prosecuted and then expelled from ever again having any part in the UK food industry?
I fully support what the hon. Gentleman has said, but first let me join him in praising Constable Reynolds, who died going about her job, keeping people safe in the community she loved. As well as wishing the two injured officers a full and quick recovery, I join him in sending my deepest condolences and those of everyone in the House to Constable Reynolds’ colleagues and loved ones.
On the appalling situation of people buying beef products in supermarkets and finding out that they could contain horsemeat, let me remind the House of what has happened and then bring it up to date. On 15 January, the Irish authorities identified problems in a number of beef products. On 16 January, I told the House that I had asked the Food Standards Agency to conduct an urgent investigation. As part of that investigation, there has been more testing and tracing, and this enhanced testing regime actually led to the discovery from Findus and others of not just contamination but, in some instances, of horsemeat being passed off as beef.
That is completely unacceptable, which is why it is right that the Secretary of State for Environment, Food and Rural Affairs has led these meetings with retailers and producers. We have agreed a tougher inspection regime, and have asked hospitals, schools and prisons to check with their suppliers that they are testing their products. As the hon. Gentleman and the House know, yesterday the police and the FSA raided two premises, one in west Yorkshire, the other in west Wales, and as he said, if there has been criminal activity, there should be the full intervention of the law. We have also asked for meaningful tests from retailers and producers, and those will be published in full. He is right to say what he does.
(12 years, 2 months ago)
Commons ChamberQ1. If he will list his official engagements for Wednesday 20 June.
I have been asked to reply. My right hon. Friend the Prime Minister is attending the G20 summit in Mexico.
I am sure the whole House will wish to join me in paying tribute to those servicemen who have lost their lives in Afghanistan since the last Prime Minister’s Question Time, Lance Corporal James Ashworth of 1st Battalion Grenadier Guards and Corporal Alex Guy of 1st Battalion the Royal Anglian Regiment. Our sincere condolences are with their families and their loved ones. Last week, I visited our armed forces in Helmand where I was once again reminded of their exceptional work on behalf of this country. That work and these sacrifices must never be forgotten.
I join the Foreign Secretary in expressing our deepest sympathy to the families of our fallen heroes and pray God will comfort them.
The Belfast International air link into Heathrow is an invaluable asset to the economy of Northern Ireland. There are deep concerns, however, that this link is at risk, because the landing slots are allocated to carriers rather than to regional airports. Will the Government urgently publish an aviation strategy that ensures our international airport maintains its link with Heathrow?
The Department for Transport will consult in the summer on our future aviation policy and ask for evidence on options about maintaining the UK’s status as an international hub for aviation. The hon. Gentleman is quite right that the London to Belfast link is important to the economy. There are currently more than 18,000 flights a year between the two Belfast airports and the five main London airports. I hope that he agrees that our steps to devolve power to set air passenger duty rates for direct long-haul flights departing from Northern Ireland will also boost investment and tourism.
(12 years, 4 months ago)
Commons ChamberMy hon. Friend makes the important point that in this week of all weeks we are getting yet more reminders from other countries in Europe of the importance of getting on top of deficits and debts and of having a proper plan to deliver that. That is what needs to happen. What Standard & Poor’s has done is welcome, and we also need to keep our interest rates low to ensure that we deliver the growth our economy needs. It is absolutely extraordinary that the shadow Leader of the House of Commons has gone on television today calling for higher interest rates. I do not think the Leader of the Opposition focused on that—he had better go and look at the transcript.
2. In January, the First Minister of Northern Ireland requested that the Prime Minister meet the families of 10 innocent workmen murdered in the Kingsmills massacre of 1976. I know that the Prime Minister has met other families and that he desires to be balanced in his approach. Will he assure me that he will meet the families of those innocent victims?
The Kingsmills massacre was an appalling event in Northern Ireland’s history. I am well aware of that and my sympathies are with the families. I will arrange for the families a meeting with the Northern Ireland Secretary and, if it is possible for me to attend, of course I will do that as well.
(12 years, 7 months ago)
Commons ChamberIf I may say so, I regret the slightly discordant tone of my hon. Friend’s observation. I have answered the point several times already. It is important that we follow the democratically appropriate route and the internationally recognised way of doing this and allow for self-determination within Scotland on this important issue.
I welcome the Secretary of State’s statement. Can he assure me that this Government will be robust in its defence of the Union?
I am absolutely committed to Scotland remaining part of the United Kingdom. When we can get on to that debate, I will be clear in arguing the case on that, day in and day out. At the moment we have to get to that debate, and today we have offered a reasonable and straightforward way that we might do that.