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

Lord Rogan Excerpts

Report stage
Wednesday 19th January 2022 Lords Chamber

[Lord Bew (CB)]

My Lords, I sympathise with what the noble Lord, Lord Empey, has said, and with the important words of the noble Baroness, Lady Ritchie. However, the fate of Amendment 4 shows what happens when we try, late in the day, to inject new elements into this piece of rather specific technical legislation. The fate of Amendment 4 rather implies that, however desirable in principle this is—and I accept the point about the effective equality of the First Minister and Deputy First Minister—this is probably not the moment to try to move that ahead.

With respect for what was said by the noble Lord, Lord Morrow, it is forgotten in this House that, but for the DUP and the St Andrews agreement, we would not have had 10 or more years of stability in Northern Ireland. Those of us who do not like aspects of the St Andrews agreement, particularly around this point, must accept that as an important political reality. It is important to bear that in mind. However, as a footnote to what the noble Lord, Lord Morrow, said, the provision dealing with the election of First Minister and Deputy First Minister in the St Andrews agreement is not quite the agreement which the then Labour Government suggested at the time; it is not what was implemented in law.

The reason that I mention this is because I think it is possible—I almost said, looking at the noble Baroness, Lady Ritchie, “Your day will come”, but because of the implications of that phrase in Northern Ireland, I will not—that the day will come, perhaps not too far in the future, when we return to this point. I wanted to check with the Minister that the realities are that, if the Government do decide to return to this point at a later date, there is no forbidding aspect and nothing saying, “You can’t do that because it is in the Good Friday agreement or St Andrews agreement.” The Government would be free to act if this looked to be the only way out of a major crisis of the institutions.

[Lord Rogan (UUP)]

My Lords, I will confine my remarks to the amendments under discussion. As I did in Committee, I support the amendment standing in my name and that of my noble friend Lord Empey.

As your Lordships will be fully aware, this amendment would reinstate the original procedure by which First Ministers and Deputy First Ministers are elected to the Northern Ireland Assembly. Requiring MLAs to endorse the post holders was intended to give elected representatives buy-in to the process. It also empowered the First and Deputy First Ministers with the added authority that comes with their endorsement by a cross-community vote. The changes to these arrangements, carved up at St Andrews, were not good for democracy in 2006. As we head towards an Assembly election in three and a half months’ time, they are even less appealing to the people of Northern Ireland in 2022.

As my noble friend Lord Empey has said, in every Stormont election since the St Andrews deal was done, the DUP has sought to scare the Unionist people by claiming that a vote for anyone but them was a vote for Sinn Féin/IRA. My noble friend and I feel that it is time for that to end. Speaking in Committee, the Minister, with his characteristic frankness, said that he had sympathy for the amendment and the arguments of my noble friend. However, he added that there was not sufficient consensus to return to the old model of election. I would advance the precise same argument against the Government’s foolish attempt to use this Bill as a vehicle to reintroduce double-jobbing when only the DUP regards that as a good idea.

Should our amendment not be accepted today, I would hope that the Minister will commit in his response to keeping what it seeks to achieve high on his “to do” list, so that we can return to the issue after the new Northern Ireland Assembly is elected.

[Lord Browne of Belmont (DUP)]

My Lords, I oppose Amendments 1 and 2. The Bill before us is simply designed to legislate for measures agreed under the New Decade, New Approach deal, not to undo previous commitments entered into at St Andrews. To try to go back in time would help only to undermine the fragile peace that presently exists in Northern Ireland.

As a unionist, I believe that the constitutional framework of our union should be strengthened, especially now, when the smooth functioning of the three devolved settlements is increasingly under attack. In specific circumstances, and during uncertain times, with the backdrop of an Irish sea border and threats to political stability in Northern Ireland, it would be foolish to return to what was clearly a failed system, used to appoint the First Minister and Deputy First Minister. Indeed, there was a lot of instability there. I find it difficult to understand the explanations from those noble Lords supporting the amendment. Therefore, I am afraid that I am forced to conclude that their support is based on petty political manoeuvring, which is clearly inappropriate at a time of increasing societal division and instability in Northern Ireland.