Ballymurphy Inquest Findings
Debate between Viscount Younger of Leckie and Lord Empey
Viscount Younger of Leckie (Con)
I agree with the noble Baroness that it is important to get to the truth and provide justice. With regard to her earlier points, questions arising from the deaths of the victims at Ballymurphy are a matter for the coroner and should be directed to her office.
Lord Empey (UUP)
My Lords, if something is wrong, it is wrong. What happened in Ballymurphy in 1971 was wrong. My noble friend is aware that, in that year, 171 people were killed in Northern Ireland, including 60 members of the security forces. I suspect that there was no closure or truth for the vast majority of them. Should the Government now provide resources to the existing, established and acceptable security forces so that, if fresh evidence is available, they can pursue it, rather than spending hundreds of millions of pounds on setting up new organisations that will take up to 15 years just to complete their case work?
Viscount Younger of Leckie (Con)
I take note of my noble friend’s points about the 171 people who were killed that year. Today, our focus should be on the Ballymurphy victims, but my noble friend makes a wider point, which is that, looking ahead, we must also focus on all victims of the Troubles. The Government are clear that any system to deal with the legacy of the past must be fair, proportionate and focused on reconciliation to deliver for all those affected by the Troubles.
Northern Ireland: Violence
Debate between Viscount Younger of Leckie and Lord Empey
Viscount Younger of Leckie (Con)
The noble Baroness makes a very important and specific point about education. It is appalling that there are reports of teenagers coming on to the streets when, in fact, they should be going back to school—schools have opened—and then back home. I applaud the achievements of the community leaders, who are working extremely hard in the various parts of Northern Ireland where there has been unrest to encourage these pupils to go home and to stop adults encouraging them.
Lord Empey (UUP) [V]
I join others in saying how deeply disappointing it is that, 23 years later, we are witnessing unjustifiable violence on the streets. However, Her Majesty’s Government have responsibilities with regard to the agreement, and I contend that, in fact, they themselves have set an example and have broken it by changing the economic status of Northern Ireland without either consultation or consent contained in the terms of the protocol. Will the noble Viscount encourage his right honourable friend in the other place to hold all-party discussions? Trying to do deals behind closed doors with a limited number of parties has not worked in the past, and the same mistakes are being repeated time and again.
Viscount Younger of Leckie (Con)
I am listening to the noble Lord’s experience and knowledge. As he will know, the Belfast agreement provided a foundation for growth and a framework for peace. I reassure him that my right honourable friend in the other place, Brandon Lewis, has been working extremely hard. He has met the five parties and other community leaders to help the Northern Ireland Executive to resolve these matters.
Northern Ireland: Victims’ Payment Scheme
Debate between Viscount Younger of Leckie and Lord Empey(3 years, 3 months ago)
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Lord Empey
To ask Her Majesty’s Government what steps they are taking to ensure that payments are made to victims of the Troubles in Northern Ireland under the Victims’ Payment Scheme; and what discussions they have had with the Northern Ireland Executive about the delivery of the Scheme.
Viscount Younger of Leckie (Con)
My Lords, the Secretary of State has made clear the high priority that he places on having the victims’ payment scheme open and receiving applications as soon as possible. He has committed to continuing to engage with Executive Ministers to this end. Officials also continue to support the Northern Ireland Executive on delivery of the scheme, which victims have waited too long for. The UK Government have always been clear that the devolved funding settlement means that the Executive is funded through the block grant, together with its own revenue-raising capabilities, to deliver its statutory responsibilities, including this scheme.
Lord Empey (UUP) [V]
My Lords, on Monday, the Sinn Féin Finance Minister at Stormont produced a draft budget for the next financial year. In that budget, there was nil provision for payment of these pensions. I know that Sinn Féin is opposed to this scheme and had to be dragged kicking and screaming through the courts, but the main people we must focus on are the victims, whose trauma has been exacerbated throughout the struggle over the payment of these pensions. They have had to go to court once already; they may very well have to do so again. The situation is intolerable.
Having passed the legislation to ensure that these people are recompensed for these life-changing events over many years, surely we have a national responsibility to ensure that this pension is paid, and paid on time. Applications are due to start in March, yet there is no provision and no agreement. We are playing political football here. Can the Minister assure the House that these pensions will be paid in the next financial year; that applications will be accepted in March; and that this nonsense will come to an end before more people are traumatised?
Patrick Finucane: Supreme Court Judgment
Debate between Viscount Younger of Leckie and Lord Empey(3 years, 4 months ago)
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Viscount Younger of Leckie (Con)
I acknowledge the experience of my noble friend and all the time he has spent dealing with Northern Irish matters. I assure the House that this decision has been taken following very careful consideration of the facts, the findings of the Supreme Court judgment, the outcome of the independent counsel review, and the UK’s obligations under Article 2. It is important to remember that the Supreme Court judgment did not mandate a public inquiry, as I said earlier, and it specifically set out that it is for the state to decide.
On another question that he raised, there is no doubt that the collusion identified in this case is, as I said earlier, totally unacceptable. But we must also be clear about the high standards that almost all those who serve in our Armed Forces adhere to, performing in incredibly difficult circumstances to protect this country. So many people from both the Armed Forces and the security services give so much to protecting us, in Northern Ireland and across the UK. Finally, we agree that finding a way forward on legacy that works for all victims is a priority.
Lord Empey (UUP)
My Lords, the issue that runs through this particular case and the differing opinions about it is one of double standards. The vast majority of victims have no lobby groups working on their behalf and their cases are barely mentioned. In this particular case, there was collusion; that has been admitted. Why is it that this collusion is clearly an issue for the Irish Government, when the fact that, in the 1970s, senior Cabinet Ministers were involved in the creation, financing, equipping and training of the Provisional IRA is never mentioned? Other legal figures were killed in Northern Ireland, including several elected members of my own party, such as Edgar Graham, Robert Bradford and a number of councillors. There appears to be a different stream for people with big political connections, in the United States in particular, and the rest—the majority—of the victims, who are left to stew in their juice. Why is there no focus on the involvement of the Irish Government, and an apology sought from them as well as from our own?
Viscount Younger of Leckie (Con)
I have said it before and I will say it again: collusion is totally unacceptable, and this was made clear by David Cameron back in 2012. We believe that the way forward is to allow the independent reviews of the PSNI and the ombudsman to follow their course. To perhaps reassure the noble Lord, as the Secretary of State said on Monday, some new information is being published today from two sources—the 2015 PSNI review, or the de Silva report, and the government-commissioned review by the independent counsel. The new information will, we hope, through the independent reviews, lead to some progress. It includes the failure to identify RUC security services and secret intelligence services officers who failed to warn Patrick Finucane of threats to his life, and the failure to identify RUC officers who probably proposed Patrick Finucane as a target, and I could go on. This is part of the decision to allow these two independent reviews to run their course.
Covid-19: Northern Ireland Economy
Debate between Viscount Younger of Leckie and Lord Empey
Viscount Younger of Leckie (Con)
The noble Baroness is correct, and I reiterate that the unit in No. 10 is looking to see what more can be done—and there is more that needs to be done—to promote the value of the union. Of course, the noble Baroness will be aware that, in 2021, we mark the 100 years since the creation of Northern Ireland, which paved the way for the formation of the United Kingdom as we know it today, so it is a golden opportunity to step up our progress on this front.
Lord Empey (UUP)
My Lords, my noble friend referred to supermarkets. Is he aware that the managing director of Sainsbury’s and directors of Marks & Spencer indicated last week that up to 15% of food product lines may not be available in Northern Ireland after 1 January? How is that consistent with the wretched protocol that is supposed to be helping us? It is a serious threat to the economy of Northern Ireland. Would he agree that that announcement from those supermarkets is a matter of grave concern?
Viscount Younger of Leckie (Con)
We do not agree that Northern Ireland businesses will be disadvantaged as the United Kingdom diverges from EU rules. The system provides the underlying framework for the whole UK internal market, including Northern Ireland, while respecting the UK’s obligations under the protocol. I understand the nature of the noble Lord’s question, but reassurances have been given. Perhaps we need to give him further reassurances.
Northern Ireland: Commission for Victims and Survivors
Debate between Viscount Younger of Leckie and Lord Empey
Viscount Younger of Leckie (Con)
That allows me to say, in response to my noble friend’s question, that the focus is on looking ahead, not back, and on information recovery and reconciliation. Those two things should be at the heart of the revised legacy system, not looking back.
Lord Empey (UUP)
Can my noble friend tell the House whether he or his colleagues have had discussions with the newly appointed Northern Ireland veterans’ commissioner? Furthermore, is it now government policy that the historical inquiries unit proposed in the Stormont House agreement will not be established?
United Kingdom Government-Northern Ireland Executive Joint Board
Debate between Viscount Younger of Leckie and Lord Empey
Viscount Younger of Leckie (Con)
It is not clear how many meetings will be held each year, but suffice it to say that with the last one held in July and one coming up shortly, they will be frequent enough. The joint board has no specific powers of statutory underpinning; it is a discursive forum to facilitate close working between the UK Government and the Executive. Finally, the assessment is that the NDNA has proved vital in light of the pandemic. It is fair to say that it has worked well due to the commitment and leadership of the Northern Ireland political leaders.
Lord Empey (UUP)
Will my noble friend ensure that at future meetings of this body attempts will be made to ensure that the people in the devolved regions—not only in Northern Ireland—understand the sources of funds for public services? It is not clear in the devolved regions where the money is coming from and, specifically, how much additional money comes to the regions from Parliament, as opposed to money raised locally.
Viscount Younger of Leckie (Con)
My noble friend makes a very good point about the accountability of funds. He will know that part of the establishment of the joint board is setting up a fiscal council tasked with assessing and reporting on the sustainability of the finances and spending proposals. As he said, it is important to put the funding for Northern Ireland in the context of funding for the other devolved Administrations.
Northern Ireland: Paramilitary Groups
Debate between Viscount Younger of Leckie and Lord Empey
Viscount Younger of Leckie
I will certainly take that back to the Northern Ireland Office and speak to my noble friend about it offline. The PSNI works tirelessly to prevent crime and harm to individuals, including journalists, and it is important to bring those responsible before the courts. It has and must have our fullest possible support.
Lord Empey (UUP) [V]
My Lords, the noble Viscount said that we had to take a long-term, thoughtful approach to these matters. It is now 22 years since the Belfast agreement was ratified by referendum, yet every single one of the paramilitary organisations in Northern Ireland, plus a few that have developed since, are still functioning. Surely that demonstrates the need for an absolutely fresh start regarding tackling this paramilitary violence.
Viscount Younger of Leckie
I stick by my lines: it is a long-term matter, and I am sure that the noble Lord will agree. We have worked with the Northern Ireland Executive to ensure a clear, strategic approach: long-term intervention, building confidence in the justice system, tackling criminal activity, and building capacity to support transition. There is no complacency. We need to move as fast as we can, but that is the strategy.
Victims of the Troubles: Payment Scheme
Debate between Viscount Younger of Leckie and Lord Empey
Viscount Younger of Leckie [V]
The noble Lord is right to point out matters on the definition. Of course, it is up to the independent board—it will and must be formed as soon as a department has been designated for it—to take the definitions forward, and it will be up to it to decide the eligibility of those who apply for payments.
Lord Empey (UUP) [V]
Will my noble friend accept that this is a standard Sinn Féin negotiating tactic? Will he give an undertaking on behalf of the Government that nobody who was injured by their own hand will benefit from this scheme and, if the stalemate continues in Belfast, will his department step in and administer the scheme themselves? These people have been subject to the most outrageous abuse and delay.
Viscount Younger of Leckie [V]
The noble Lord is right in so many ways, but neither the Northern Ireland Office nor the UK Government will step in, because this is the responsibility of the Northern Ireland Executive. That is why these urgent talks, led by the Secretary of State and including all parties, are being conducted to take this matter forward.
Northern Ireland: Victims Payment Scheme
Debate between Viscount Younger of Leckie and Lord Empey
Viscount Younger of Leckie
Yes, of course. I acknowledge the noble Baroness’s role in past matters dealing with victims. She will know that I am giving as much reassurance as I possibly can. This is being dealt with now, as a matter of urgency. I say again: it is not just disappointing but very frustrating for all concerned, particularly the victims, that these payments have been delayed.
Lord Empey (UUP)
My noble friend will be aware that the blame for this lies with the Northern Ireland Executive Office. On 24 February, it failed to appoint a department or board, and concealed this fact from victims until just over a week ago. Sinn Féin is trying to link the payments to include those injured by their own hand. That is the reality. Will the Government guarantee that if this obfuscation continues, Westminster will take over responsibility and make appropriate deductions from the block grant as required to ensure that the scheme proceeds immediately?
Viscount Younger of Leckie
I acknowledge the noble Lord’s experience in these matters. I am not in a position to give any guarantees but, again, I wish to assure all concerned that this is a matter of great urgency.
Covid-19: Ireland
Debate between Viscount Younger of Leckie and Lord Empey
Viscount Younger of Leckie
The noble Lord is right in that, as I said earlier, we are developing an integrated test-and-trace programme. The details are rather sparse at the moment and conversations continue. It could be app, web or phone-based. I reiterate that this is a key way of helping us to work more closely together on getting out of this virus.
Lord Empey (UUP)
Were the Government aware that the Republic was going to impose a 14-day quarantine period on travellers from Britain when the UK Government had decided not to impose one on travellers from the Republic? What does the Minister think of the implications of this decision for the operation of the common travel area and the free movement of people within these islands?
Viscount Younger of Leckie
The operation of the common travel area and free movement are vital. For those who fly into Ireland from outside the EU, there is a 14-day quarantine and people doing that will be advised to fill in a form so that addresses are known. People need to take responsibility, having come in. As I say, the common travel area is absolutely non-negotiable and should remain as is.
Northern Ireland: Customs
Debate between Viscount Younger of Leckie and Lord Empey
Viscount Younger of Leckie (Con)
The protocol is a practical solution to prevent a hard border on the island of Ireland, but it makes clear that Northern Ireland remains an integral part of the UK and its internal market. That includes guaranteeing, and putting that guarantee into legislation by the end of this year, unfettered access for Northern Ireland businesses to the UK market, as we have always made unequivocally clear that we would do.
Lord Empey (UUP)
My noble friend will be aware that Ministers have repeatedly assured the House that no checks will take place on goods moving to or from Northern Ireland after transition. There is a widespread feeling that Members have been consistently misled. Will my noble friend tell the House whose regulations customs officers will be enforcing at these border control posts, what sanctions will apply for non-compliance and under which legal jurisdiction this process is being conducted? Will he commit to facilitating a debate in this House so that we can examine this issue which is of unparalleled economic and constitutional significance?
Viscount Younger of Leckie
I will have to refer to the Chief Whip about whether there will be a debate, but moving quickly on to one of the questions that the noble Lord asked, we have always been clear that there will be requirements for checks on live animals and agri-foods, building on what already happens at Larne and Belfast, as the noble Lord will know. We want to work with Northern Ireland businesses and the Executive to ensure that new administrative procedures are streamlined and efficient. We want to ensure an optimum flow of trade.
Flybe
Debate between Viscount Younger of Leckie and Lord Empey(4 years, 1 month ago)
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Viscount Younger of Leckie (Con)
My Lords, there will be plenty of time for Back-Bench questions, and I urge noble Lords to keep them short.
Northern Ireland (Executive Formation) Bill
Debate between Viscount Younger of Leckie and Lord EmpeyWednesday 17th July 2019
(4 years, 9 months ago)
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Viscount Younger of Leckie
My Lords, the noble Lord, Lord Empey, has raised important issues and made some very valid points, and I add my name to those who have expressed their gratitude to him for doing so. My noble friend Lord Duncan has been keen to update the House on progress in establishing the RHI hardship unit, and I am very happy to accept the requirement to publish this report by 21 October or earlier. The reports that the noble Lord requests are on libel and suicide strategy.
I note the points made by the noble Earl, Lord Listowel, and the noble and right Reverend Lord, Lord Eames, and I have taken note of the tragic anecdotes that have been told. The issues of NHS waiting times and welfare mitigations were also raised. All are matters of great importance, as my noble friend Lord Duncan set out in Committee earlier this week, and we fully understand the reason for raising them in this place. We are without a sitting Assembly in Northern Ireland to debate these matters and to consider ways forward that serve all of the people of Northern Ireland.
These are all devolved matters. It is this Government’s fervent hope that Northern Ireland’s political leaders can see their way to agreeing to restore the devolved institutions. We have had some passionate speeches to this effect during this short debate. As these are devolved matters, I do not purport to be able to significantly enlighten the House on the substance of the important issues the noble Lord has raised. But in light of the great value of these amendments, I am happy to accept them today and to commit to one-off reports on the issues specified.
In conclusion, I will answer a question that was raised by the noble Lord, Lord Bruce of Bennachie, on what might happen upon the production of the reports. I say on behalf of the Government that it is our sincere hope that the incoming Ministers in Northern Ireland will draw from these reports to make progress on these important issues. They will be published and will therefore be public documents.
Lord Empey
My Lords, I am extremely grateful to all noble Lords who have participated in this debate, and for the consensus that has emerged. Like many noble Lords, particularly the noble and learned Lord, Lord Mackay of Clashfern, I would be much happier if we were not sitting here debating these matters. Clearly, we have a unique situation: yes, Stormont has been suspended before, but it was replaced by direct rule. This is the first occasion when Stormont has been suspended and has not been replaced by direct rule. Therefore, we have a most unique situation—a Civil Service that is working but which is not accountable to anybody. To use the vernacular, it is bonkers, and the question is how long we can put up with it. However, let us focus on the issues, which are worth looking at on their own merits. Perhaps, as the noble Lord, Lord Bruce of Bennachie, said, they could provide at least a basis upon which policies could be implemented when a suitable Government are established. In that spirit, I commend the amendments on the Marshalled List to your Lordships.
Lord Empey
My Lords, I follow the contribution from the noble Lord, Lord Dubs, who has frequently drawn attention to similar issues. I have no doubt that, as part of the United Kingdom, if it is a decision of the country to try to help people, it is reasonable that that is spread out as evenly as possible. However, I would draw the attention of the House to the fact that the structures of local government, in particular, in Northern Ireland are radically different. Local authorities have no locus in this at all. There are health and social services boards, a housing executive and housing associations, but their funding would have to come from Stormont. That is the conundrum we are confronted with. It is not that there is any lack of hospitality or willingness to play a part in a UK-wide problem. The structures are radically different, and all the social services and housing issues are funded through Stormont and not through local government. Members have to be aware that that is why there is an issue here.
On housing, as I said earlier with regard to welfare mitigation, part of the problem is that we do not have the appropriate housing units in many cases, so we rely heavily on voluntary organisations, Church organisations and others. However, there has to be funding stream for them to deliver their services and offer help. Members must understand that that is why we have a difficulty. It is not as if we can go to Sheffield or Coventry City Councils, which can provide services; I hope that Members understand that. We have Syrians and other such people coming to our shores from distressing situations. People are happy to rally round them, but getting funding flowing has to happen via Stormont. That is the obstacle in our way. Perhaps the Minister can address that in his response.
Viscount Younger of Leckie
My Lords, the noble Lord, Lord Dubs, has been a consistent champion for child refugees in promoting their interests. I am very grateful to him for his continued commitment to such an important issue, which I know he has discussed with my noble friend Lord Duncan as recently as May. He deserves a reply. It will have to be fairly brief, which I am sure the House will be relieved to hear, but I hope that it is not too brief.
As the noble Lord will know, the UK has contributed significantly to hosting, supporting and protecting the most vulnerable children, including those affected by the migration crisis in Europe. Since the beginning of 2015, the UK has received asylum applications from 12,756 unaccompanied children. In 2018, we received 2,872 such applications—15% of all such claims in the EU. We are the third largest intake country of all the EU member states. I must pay tribute to the vital work of local authorities in looking after these children and providing them with the day-to-day care that is so crucial in enabling them to rebuild their lives.
The Government remain committed to relocating the remaining children up to the specified number of 480 under Section 67 of the Immigration Act 2016. The Home Office continues to work closely with local authorities and strategic migration partnerships across the country. We remain very keen to receive offers of further placements.
As with other amendments, this amendment cuts across devolved matters. The relocation of children is also dependent on the availability of appropriate local authority care placements. I took note of the speech and comments of the noble Lord, Lord Empey, on housing. In Northern Ireland the delivery of most of the required services, such as health, social care and education, is devolved.
The intention behind the proposed new clause is to provide for the allocation to Northern Ireland of children brought to the UK under Section 67. Of course, it is right that the ability to do so should exist; however, such a clause is not required. The regulations that it requires would duplicate existing ones in the Children (Northern Ireland) Order 1995 and the Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018; they are therefore unnecessary. Whether Northern Ireland health and social care trusts accept children under Section 67 of the 2016 Act is very much a matter for Northern Ireland.
In conclusion, this is an important issue and, given that we are talking about children here, it is important that we, working with Northern Ireland, get this right. I would be happy to continue to discuss and explore our approach to unaccompanied asylum-seeking children with the noble Lord, Lord Dubs. For those reasons, I urge him to withdraw his amendment.
Northern Ireland (Executive Formation) Bill
Debate between Viscount Younger of Leckie and Lord EmpeyMonday 15th July 2019
(4 years, 9 months ago)
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Lord Empey
My Lords, the Minister kindly accepted the amendment I proposed on this matter earlier. I fully accept that we were not co-ordinating on it. I support the proposal by the noble Lord, Lord Black. He knows that and we have talked about this before—he has been to Belfast. He has explained exactly what is at stake, in a very coherent contribution. It is a mystery why this progress has been so slow, but that is where we are. I find myself in total agreement with his contribution.
Viscount Younger of Leckie (Con)
My Lords, I have very few remarks to make in response to my noble friend, but I thank him for his long speech. There is no doubt that defamation law in Northern Ireland does not reflect today’s digital age. To echo my noble friend’s words, reform is indeed needed. The issues at stake here hit the very heart of the relationship between citizens, media and the state. It is important to deliver protections in the field of freedom of expression.
My noble friend would like to see progress made to update the Northern Ireland law and I understand that position. There are certainly parts of the Defamation Act 2013 that could usefully be extended to Northern Ireland. However, this Act removed the presumption of trial by jury for libel actions. This may of course shorten and reduce the cost of libel actions.
It is of note that the 2017 Review of Civil and Family Justice in Northern Ireland by Lord Justice Gillen noted the extremely important function of the jury in defamation cases in the context of the Northern Ireland jurisdiction, in particular its role in finding whether the plaintiff has been defamed. As the Gillen review notes, juries in Northern Ireland have been traditionally considered the best fact-finder to judge what words or statements mean in the local context with its unique history, and whether they are considered defamatory in any case. These are matters that involve justice and freedoms, and on which the particular jurisdiction is important. The devolved nature of defamation law in Scotland is reflected in the fact that only a very limited number of provisions in the Defamation Act 2013 have been extended to Scotland, in particular around statements or reports which arise in the scientific or academic field.
Similarly, defamation law is a devolved matter for Northern Ireland; therefore, simply extending the Defamation Act 2013 to Northern Ireland is not appropriate. Further, I understand that, prior to the passage of the Defamation Act, the views of the Northern Ireland Executive were sought as to whether they wished to make a legislative consent Motion to provide for the Act to apply in Northern Ireland, but they declined to do so. Decisions to reform the law should be taken by a restored Northern Ireland Executive. This will allow the unique Northern Ireland context to be taken into account in any reforms. I regret that I am not able to help my noble friend but I respectfully request that he withdraw this amendment.
Veterans: Investigations
Debate between Viscount Younger of Leckie and Lord Empey
Viscount Younger of Leckie
They absolutely will not. It is extremely important that we continue to support our Armed Forces as much as we do. They are the ones on the front line protecting us. There has been an extremely long, difficult and complicated process in Northern Ireland. An important result of this consultation and the work that has been done is that all victims of violence in Northern Ireland need to be remembered and the details of that violence investigated where necessary.
Lord Empey (UUP)
My Lords, I would correct the noble Lord, Lord Wallace: not all parties support the Stormont House agreement. My party does not support it. I do not support it. It proposes to establish a historical inquiries unit which will have the effect of hounding out members of the security forces for the next 10 years. The Minister talked about drawing a line under the process. In fact, it will only start a whole industry because the security services have records and the terrorists do not. The republicans have said that they want the records at Kew; that is what they are aiming to get. I totally accept that nobody is above the law. However, does the Minister accept that the proposals initiated some time ago at Stormont House and subsequently by the Northern Ireland Office will be the starting point for a new campaign of hounding members of the security forces? As former Justice Minister David Ford said, we could expect one or two convictions over the lifetime of that body, at best. That sets a very bad example.
Viscount Younger of Leckie
The noble Lord has so much more experience than me in Northern Ireland, but I do not entirely accept what he says. In the interests of justice, we need to find out what evidence there is. If any new evidence emerges relating to the possibility that a serious crime was committed at some point in the past, it should be properly investigated. As he rightly says, the Armed Forces themselves do not wish to be seen as somehow above the law.
Northern Ireland (Executive Formation and Exercise of Functions) Bill
Debate between Viscount Younger of Leckie and Lord EmpeyTuesday 30th October 2018
(5 years, 5 months ago)
Lords ChamberRead Full debate Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 View all Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 137-I(a) Amendments for Committee, supplementary to the marshalled list (PDF) - (30 Oct 2018)
Viscount Younger of Leckie
My Lords, these two amendments in the name of the noble Lord, Lord Empey, seek to direct the Northern Ireland departments regarding health issues and public sector pay. As we have consistently said, the proposed legislation is not a move to direct rule, and decision-making must remain within the remit of Northern Ireland departments. To use this guidance to direct individual decisions would therefore go against this principle.
It is important that senior officers are able to apply the principles in the guidance in determining whether it is in the public interest to exercise functions. I understand the concern to ensure that effective decisions are made on the important issues of health, such as waiting lists, and public sector pay—as the noble Lord, Lord Empey, pointed out. However, as we have heard today, these are certainly not the only important—I stress that word—issues in Northern Ireland. Prioritising certain functions in the guidance could suggest that they should be followed at the expense of others. We are confident that the draft guidance as it stands allows Northern Ireland departments to exercise functions such as those raised in this amendment, although whether and how to exercise functions must remain a matter for Northern Ireland departments.
The Department of Health is already working intensively to respond to increasing demands on the Northern Ireland health service, and will continue to do all it can to uphold its duties in the public interest in this interim period. We of course recognise, however, that there are some decisions not enabled by this Bill. The Bill and guidance simply seek to enable senior officers in Northern Ireland departments to take a limited range of decisions using existing powers where it is in the public interest to do so now rather than wait for Ministers. That is in the context of providing the space and time for political talks to help restore devolved government, an issue that has been much discussed today in the Chamber.
Intervening in individual areas in this manner would be tantamount to direct rule—the noble Lord, Lord Empey, used the expression “potential creeping direct rule”—and would undermine our commitment to devolution and the Belfast agreement. The Prime Minister and the Conservative and Unionist manifesto are crystal clear that we will uphold our obligation to the people of Northern Ireland to ensure that their vital public services are protected. We have always said that we do not rule out further legislative intervention if it is necessary. I realise that my response will disappoint the noble Lord, Lord Empey—he will probably not be too surprised—but on the basis of these points I hope that he will feel able to withdraw his amendment.
Lord Empey
Before the Minister sits down, I want to say that he is not quite clear as to the Government’s exact position. He is saying that senior officers should be able to take certain decisions. Of course, this could be seen as direct rule. Look, folks, this is life—this is people’s lives here. We are not talking about a road junction or something casual. We are talking about people not being treated within any guideline that currently exists on these islands. In other words, these are to be sacrificed because of some political ideal of devolution versus creeping direct rule, or “Who are we going to annoy? We are going to annoy Sinn Féin. We are going to annoy this party or that party”.
Think of the people affected by this. This is not going to go away. It is getting worse. The statistics have been going like this not just recently, but for a long time. The suicide strategy is another one where there is total agreement. It is a big problem back home and it has not been addressed, yet everybody agrees that it should be addressed. What does it take?
I ask the Minister to clarify what he means. He thinks the guidance will allow officers to take decisions, yet on the other hand they are afraid that this would be seen as creeping direct rule. This is a qualitatively different subject matter, and it is on humanitarian grounds that I put this forward, not on a political platform.
Viscount Brookeborough (CB)
It may appear that, because the noble Lord, Lord Empey, is leading this on his own, he may not have support. I think he has support from everybody. I declare an interest in that I have had cancer of the throat. This sort of thing does not just affect the people. It affects their families and dozens of other people; it affects their friends. I feel that it affects their friends and families more because they are so worried that they cannot do anything to help, and yet the state, in the form of the National Health Service, is not helping them. Therefore, I cannot conceive that this is not in the public interest, yet the Minister is almost saying that if a senior civil servant thinks it is in the public interest he may come out in support of it.
The other point is that, on another amendment, on the PSNI, we have just spent five or six hours debating the fact that the primary aim of the Government is to restore the Assembly. Policing is absolutely vital to that, and we cannot see the police force denuded of pay or resources to achieve this end. I am afraid that all afternoon, whenever we have talked about any other part of it, the Government have been saying, “Our primary aim is to restore the Assembly”. We will not restore it without enabling our security forces, the police, to manage the day-to-day situation. The Minister should give a slightly more reassuring answer than, “We’ll post it back and see what they think about it”.
Northern Ireland: Devolved Government
Debate between Viscount Younger of Leckie and Lord Empey
Viscount Younger of Leckie
I can certainly confirm that that has been the case for some time. The Secretary of State for Northern Ireland and, as necessary, the Irish Government, with the five parties in Northern Ireland, are consulted very frequently. We very much hope that talks will continue as soon as possible. That is what we fervently want.
Lord Empey (UUP)
Is the Minister aware that a humanitarian crisis is developing in the health service, with 280,000 people waiting for a consultant-led first appointment and 88,000 people waiting for more than one year for a consultant-led first appointment? I repeat my request to the Government on humanitarian grounds to bring the powers of the health service back here temporarily to offset what could potentially be a humanitarian crisis in the winter as the health service is totally unable to cope. Decisions need to be taken and this Government have an overarching responsibility, despite whatever they say. They cannot keep hiding behind the fact that there is no movement between the parties.
Viscount Younger of Leckie
My Lords, no option is off the table, and the Government are prepared to step in to protect the interests of Northern Ireland to ensure that the country is stable economically and they have done so—I mentioned earlier the recent budget Act. Further, it remains our single most important priority to restore an Executive. The people of Northern Ireland deserve this. Health, education and farming, to name a few, are very important for jobs, growth and prosperity.
Northern Ireland Executive
Debate between Viscount Younger of Leckie and Lord Empey
Viscount Younger of Leckie
I can reassure the noble Baroness that there is, if I may put it this way, heavy-duty work going on. Yes, there are a lot of issues that we as a Government have to tackle, but our overriding priority remains to restore an inclusive power-sharing Executive. Talks continue on a tripartite basis. The Secretary of State for Northern Ireland is working continuously and very hard on the issues, and, of course, the Prime Minister is in continuous contact with the issues as well.
Lord Empey (UUP)
Will the Minister confirm to the House that it has been made clear to the Government that, in the event of the reintroduction of direct rule, Sinn Fein will refuse to co-operate with the institutions at Stormont?
Viscount Younger of Leckie
No, I cannot confirm that. Our overriding priority remains to reach an agreement on restoring an inclusive power-sharing Executive. That is our aim and focus, and we intend to make sure that it happens.