Northern Ireland (Executive Formation and Exercise of Functions) Bill

Debate between Lord Trimble and Lord Alderdice

Committee: 1st sitting (Hansard): House of Lords
Tuesday 30th October 2018 Lords Chamber

[Lord Trimble]

My Lords, I welcome the opportunity to stand after sitting for so long. Amendment 13B, in my name, is grouped with two amendments in the name of the noble Lord, Lord Adonis, but I see no overlap between the two. The noble Lord’s amendments relate to the early stages of the process, when the Secretary of State has to formulate and issue guidance, whereas I look beyond that to what the operation might be.

From the point when the Assembly collapsed, I turned my mind to ways in which we might get it going again or find some way of substituting, or other ways of carrying out what Northern Ireland needs. I still feel that the suggestion of the Welsh model was quite good, but it became clear that it was far too much for the Northern Ireland Office to digest and that my rather ambitious proposals would not get anywhere. I have therefore gone to the other extreme and drafted something as short and simple as can be, but which would give the opportunity for a significant step forward.

The amendment takes off from the provisions in the Bill whereby senior officials in the Northern Ireland Administration can exercise, if they think it is in the public interest, the powers that they have under the legislation, which goes right back to the 1920 Act. I took that and added to it a proposal that the Secretary of State may, where she or he is satisfied that it is in the public interest, summon the Northern Ireland Assembly to debate the issues that they have in mind. This is entirely discretionary on the part of the Secretary of State. It does not compel her to take any particular action but gives her the opportunity to bring the Northern Ireland Assembly together to discuss how the powers referred to in this legislation are carried out. That would be beneficial to the Northern Ireland Office and to the Government. They would then have the opportunity to discuss what they are doing, or to see other people discussing what they are doing at some length and, I hope, with some degree of careful examination of the matter. This would improve the quality of what has been done and, as I say, would give the opportunity to move in that way. I will not go into this in detail, but a serious debate by the elected representatives is bound to add something to the quality of the Administration and is worth having.

There is also a political aspect to this, because if we had this implemented—again, it is entirely at the discretion of the Secretary of State; I am not saying that she must do this, and it could be that it is not operated—by bringing the Northern Ireland Assembly together, we would be taking a concrete step towards it coming back as it should. It adds something to the discussions that the Government may be having in trying to persuade the parties to sort out their differences and then return to the Administration. By having it in operation, even if only for a few hours on particular issues, we would make it clear that it is possible that the Assembly can work again, and will work again. Having got that initial first step, it will be easier, I hope, to take other steps beyond that.

This is a very modest amendment and I shall not press it to a vote. It is purely discretionary; nobody is obliged to do anything with regard to it. I shall not spin out the discussion any further. I think the best thing I can do for the House tonight is to sit down and let things take their course. I beg to move.

[Lord Alderdice]

My Lords, there is one reason why I would support the amendment that the noble Lord, Lord Trimble, has put forward: from the beginning, the element of the Northern Ireland institutions that worked rather well was the Assembly itself. When it came to the Executive functioning, that was much more contentious and difficult, but the Assembly functioned rather well. The idea of finding ways in which the Assembly could start to meet again, to debate issues of some substance that would increase, to some extent, the accountability of the Government side—be it civil servants or others—is a good one. To simply bring the Assembly back together for one occasion to debate a contentious issue would potentially be damaging because the old splits would re-emerge. To come together on a number of occasions to debate issues that are not necessarily of high contention but are nevertheless important seems to me a good idea. Whether one follows the very specific proposal in this amendment, or some of the other ideas that the creative mind of the noble Lord, Lord Trimble, has produced over the last little while, the principle is important and merits exploration by the Government. To that extent, I support the amendment.

Northern Ireland (Miscellaneous Provisions) Bill

Debate between Lord Trimble and Lord Alderdice

Tuesday 25th February 2014 Lords Chamber

[Lord Trimble (Con)]

My Lords, when the noble Lord, Lord Empey, tabled his amendment on this matter in Committee I added my name to it. I make clear that the absence of my name from this amendment today does not mean that I have changed my mind. I agree with what the noble Lord has said and I hope he gets a very positive response from the Minister.

[Lord Alderdice (LD)]

My Lords, in Committee I made it clear that I was very supportive of the principle of establishing an Opposition in the Northern Ireland Assembly. I remain of that view. In fact, I think it could be a very helpful improvement and evolution of the constitutional arrangements. It is clear that Standing Orders in the Assembly can accommodate this. When the Assembly was first established it had a very flimsy little pamphlet of Standing Orders. It was very important that the Assembly on all sides agreed to a process of negotiating and ultimately passing Standing Orders with cross-community support in the Assembly. That meant that all Members of the Assembly felt they were their Standing Orders. I would prefer to try to find that way forward. I do not accept the proposition that the noble Lord, Lord Empey, referred to about this being an imposition. I agree with him that this is not about imposition; it is about facilitation. The dilemma is, as he described, that it requires the larger parties in the Assembly to buy into the proposition before his amendment, even if passed, would come into operation. It is a bit of a Catch-22 situation. To achieve the things he and the noble Lords, Lord Lexden and Lord Trimble, want to achieve will require a process of negotiation between the party or parties that wish to have the possibility of being an Official Opposition and the current parties of government. Of course, these things can change—they have changed since the agreement, with the size of parties and their influence and so on.

Is there any leverage? I think there is considerable leverage. For example the Ulster Unionist Party, which is no longer as substantial in this House as it once was, has a substantial number of Members of the Northern Ireland Assembly and indeed has ministerial positions. It would be possible to negotiate with the two largest parties in the Assembly on the basis that, as vacating ministerial presence on the Executive to take up opposition status would be to the advantage of the other parties, appropriate recognition as the Opposition would be sought in return.

This leads me to two areas where I feel some dissatisfaction with the specifics of this amendment. First, there is the suggestion that a party with one Member could become the Official Opposition. I would rather see a slightly higher bar than that in the Northern Ireland Assembly. The idea that a single Member could form a party of their own and have the status of Official Opposition seems unwise. There should be some more substantial number; it is going to be a bit arbitrary whatever it is, but one is both arbitrary and unwise. I can think of many individual Members of the Assembly who might choose to adopt that status and create merry hell for everyone, including themselves and the Speaker. I would rather that there were more.

The second is related to that: the special position that is accorded in the chairmanship of committees, as suggested in the amendment. Again, for a very small party of one or two people to be able to corral those significant positions seems unwise. However, I emphasise again that the principle that is being supported by the noble Lords, Lord Empey and Lord Lexden, and indeed the noble Lord, Lord Trimble, is one that anyone who wants to see the evolution of the Assembly should espouse, and if there are things that can be done by the Secretary of State and our own Minister here or by others in your Lordships’ House to move that forward, we should certainly do so. However, I remain to be persuaded that this amendment is going to take us in quite the direction and for quite the distance that its proposers might hope.