Northern Ireland (Miscellaneous Provisions) Bill

Lord Shutt of Greetland Excerpts

Tuesday 3rd December 2013 Lords Chamber

[Lord Shutt of Greetland (LD)]

My Lords, I have to follow that slot. I thank my noble friend Lady Randerson for explaining the Bill to us. For me, the starting point in considering the Bill is, indeed, the Belfast agreement of 1998, which was of course endorsed by 69% of those who voted in that May 1998 referendum. It is perhaps right that we are considering this 15 years on. We are looking at the revision of two Acts of Parliament —the Northern Ireland Act 1998 and the much earlier Act, the Northern Ireland Assembly Disqualification Act 1975.

I support much of the miscellany that is before us in connection with the transparency of donations and loans to political parties, the ending of the dual mandate and the new method of appointing a Justice Minister. But I would like to highlight one or two areas of reservation. I am concerned about the size of the Assembly. The Bill suggests that this could change, and we have heard noble Lords speak about reducing the number of Members in a constituency from six to five.

I looked at the results of the most recent Assembly election. Of course, in looking at results one is not to know exactly how people would behave if there were only five elected rather than six. However, after studying that election, it is my view that the losers would not be the DUP or Sinn Fein but other Members of the Assembly, and there would be fewer people from minority causes serving in the Assembly. That would result in a loss of plurality, which is embedded in the Belfast agreement as to how Northern Ireland should go forward. Indeed, if we were to reduce the number from six to four, it would be even worse. If there were to be reductions under the present system, I would sooner reduce the number of constituencies from 18 to 12 and stick with the six Members.

One also has to take into account the fact that there will be a reduction in the number of those who serve in local government—it seems that the legislation is there for 2015. The folks in Northern Ireland would be well advised to think through what that will mean in terms of the number of public representatives who are available to serve the people there. I caution against that and wonder whether that clause ought to be supported in the Bill.

The Northern Ireland Assembly Disqualification Act 1975 has not been referred to by anyone else but I would like to refer to it. It is interesting that it sets out those who are disqualified. Of course, those who are disqualified are justice officers, and there are 17 different sorts of justice officer specified; there are also civil servants, Armed Forces, police, national criminal intelligence people, the National Crime Squad, any member of a legislature of any place outside the Commonwealth, and other offices in Parts 2 and 3 of Schedule 1.

There are 105 offices listed in Part 2 and 136 in Part 3. For example, if you happened to be a member of the Football Licensing Authority, which is in Part 2, you are not able to stand for the Northern Ireland Assembly. If you are chairman of the Plant Varieties and Seeds Tribunal, you are not able to stand for the Northern Ireland Assembly. Northern Ireland is quite a small place and if you think of those who are serving on these 241 bodies, you are reducing the gene pool from which candidates can come. I think that needs looking at.

If this issue is not looked at in itself, it can be looked at in another way. The Minister will be aware that there was a little local difficulty in Wales a couple of years ago in terms of people standing for the Welsh Assembly and the problems that were caused. There could well be a situation where on nomination day you could stand down from the office of profit, and if you are not elected you resume after polling day. Of course, the specific reason that I am able to speak on this is that the Civil Service Commissioner for Northern Ireland is to be so listed, so there are 242 rather than 241 appointments that exclude people from standing.

As I said, it is important to look back at the Belfast agreement. Strand One of that agreement sets out:

“A consultative Civic Forum will be established. It will comprise representatives of the business, trade union and voluntary sectors, and such other sectors as agreed by the First Minister and the Deputy First Minister”.

Furthermore, Clause 56 of the Northern Ireland Act 1998 sets out:

“The First Minister and the deputy First Minister acting jointly shall make arrangements for obtaining from the Forum its views on social, economic and cultural matters … ‘the Forum’ means the consultative Civic Forum established in pursuance of paragraph 34 of Strand One”.

Where is the forum today? It is not there. I do not know whether legislation will help, but again this is about plurality—about everybody being in this together for Northern Ireland. We should look again at that Belfast agreement. That is the test that we have as we take this Bill into Committee. Is there anything else that needs adding to the miscellany that is before us? Of course, I welcome the Bill, but I wonder whether there are some changes that we should be making.