Northern Ireland (Executive Formation) Bill

Baroness Harris of Richmond Excerpts

Committee: 1st sitting (Hansard): House of Lords
Monday 15th July 2019 Lords Chamber

[Baroness O’Loan (CB)]

My Lords, it is a pleasure to follow the noble Lord, Lord Trimble, who, as a Nobel Peace Prize winner, is one of the architects of the Good Friday agreement. I pay tribute to him for his tireless work for peace in Northern Ireland over so many years.

I am pleased to support the amendment to the Bill moved by the noble Lord, Lord Cormack. The final, real purpose of the Bill is to prevent an election to enable more time for the talks to take place. All these dates will do is to make further accommodation. The amendment is not inconsistent with the main purpose of the Bill.

I spoke at Second Reading, and since then thousands have told me of their concern. I will speak more of that later. If the Bill could pass to give effect to its original purpose, it would be better to extend the period because, apart from anything else, at present Northern Ireland is on holiday. For example, I was trying to call the Minister through the Northern Ireland Office this morning, but all the numbers seemed not to work. I could not get anyone, and my suspicion is that this is a public holiday in Northern Ireland and that is why I was unable to get him. That tells you something about rushing a Bill that will make such a profound constitutional change through your Lordships’ House this week. The talks seem to have been very difficult, but they are being conducted by the Government. They have been facilitated and enabled by the Government, and the Minister has told us how committed they are to these talks and the future creation of a Northern Ireland Executive, which would allow the Assembly to go back and give us a functioning Government. They are vital to our future. They are, in the context of Brexit, critical to the peace process and to the peace, stability and economic prosperity of the United Kingdom. I am very pleased to support the amendment moved by the noble Lord, Lord Cormack.

[Baroness Harris of Richmond (LD)]

My Lords, I regret to tell the Committee that the Liberal Democrats cannot support these amendments. Northern Ireland has already been without an Assembly, a devolved Executive and effective decision-making for far too long. We are only reluctantly supporting 21 October, as I have said, and our hope is very much that the Bill will not be needed at all.

As we have heard, there have already been nine weeks of constructive talks. Now is not the time to take that pressure off Northern Ireland’s political parties—in fact, we must keep the pressure on. We want devolved government restored to Northern Ireland as quickly as possible, and these amendments are not the right way to go about things.

[Lord Hayward (Con)]

I support what the noble Baroness, Lady Harris, has just said—in contradiction to what Lord Cormack said. I would support his amendment if I believed there would be a benefit in going beyond 31 October to a date some time after Brexit. However, there is serious advantage in having a target date before the Brexit date. Many of us in this House think all sorts of complications may arise from 31 October, whatever format we leave the European Union in. A target date before then is therefore sensible.

As I said at Second Reading last week, it has been just over 1,000 days since the Dissolution of the Northern Ireland Assembly in early 2017. It has been a lot longer since the last vote on same-sex marriage, in which a majority of Members of the Northern Ireland Assembly voted in favour of introducing it. Like the noble Baroness, Lady Harris, I oppose this amendment.

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[Lord Bruce of Bennachie]

My Lords, Amendments 8 and 22 are Liberal Democrat amendments in my name and that of my noble friend Lady Harris of Richmond. They are important, and I hope the House will give them serious consideration and support. Indeed, I hope that the Minister may even be able to accept them.

Amendment 8 would provide that the progress reports must include:

“a report on progress made towards preparing legislation to provide for transparency of political donations and loans from 1 January 2014”.

Amendment 22 contains a new clause to ensure that, if an Executive has not been formed by 21 October, the Government must, within three months of the progress report being laid, introduce regulations to backdate the transparency of political donations and loans to 1 January 2014.

Let us look at the political and historical context. The Political Parties, Elections and Referendums Act 2000 provides for greater transparency of donations and loans to political parties. It was widely supported, and it imposes restrictions on the sources of donations, especially to prohibit foreign and anonymous donations to political parties, and to make registered parties subject to reporting requirements in respect of donations above a certain value. Political parties in the rest of the UK are, rightly, bound by those provisions, and they have been widely quoted and enforced—to some people’s discomfort, I have to say.

Many noble Lords in the Chamber this afternoon will know that, by cross-party agreement, political parties in Northern Ireland were excluded from those provisions and therefore have not been required to reveal the sources of their funding. I think that people understood at the time that there were good reasons for that, because of concerns that the security of donors would be at risk if their names were made public. But I also think that people would acknowledge that the political and security context has changed significantly in recent years, so that exemption could not be expected to continue indefinitely—especially because, as I shall explain, concerns have been raised about it.

During the passage of the Northern Ireland (Miscellaneous Provisions) Act 2014, the Government agreed to an amendment from Naomi Long—then MP for East Belfast and now leader of the Alliance Party and a Northern Ireland Member of the European Parliament—to ensure that the greater transparency that applied to the rest of the United Kingdom should be extended to Northern Ireland. I pay tribute to Naomi Long, who has worked tirelessly to try to bring that equivalent transparency to Northern Ireland.

The provision ensured that, at a point when the Secretary of State determines, any donation of £7,500 from a single source to a political party from January 2014—that is the significant date—could be subject to publication. The political parties in Northern Ireland and their donors have therefore known that donations received from 1 January 2014 could eventually be published and scrutinised. That is important: this is not something about which they should express any surprise.

However, when the order was eventually produced last year, it provided for transparency of political donations and loans only from July 2017. At the time, we on these Benches tabled a regret Motion simply asking why that was the case, given what was in the 2014 Act. This is important because, during the period 2014 to 2017, there were two general elections and a referendum. The Electoral Commission in Northern Ireland has collected the relevant data: it has the information, but without our amendment it is unable to release it.

Noble Lords will be aware that it came to light that, during the referendum campaign, a very significant donation of £425,000 was given to one party in Northern Ireland. In the context of the highly charged debate on Brexit, people should be able to know all the details of that significant donation, not least—I guess this information is known—given the reports that the donation was not actually spent in Northern Ireland but was spent elsewhere in the UK and indeed potentially perverted the outcome of the referendum. This is therefore not just a matter of concern regarding transparency for the people of Northern Ireland; it is about Northern Ireland being used as a vehicle to undermine the transparency of the law in the rest of the UK. It has to be acknowledged that that is not a situation that should be allowed to continue.

The rules are in place to shine a light on the process. This comes at a time when, sadly, I suggest, trust and confidence in political parties have never been lower and mistrust over who is funding which political parties for what purpose has never been a matter of more public concern—and, it appears, legitimate public concern. Transparency should be the foundation, the bedrock, on which the trust that voters can have in the democratic process should be built. We have had accusations of foreign interference in elections and referendums, not only here but in other parts of the world. We have seen, for example, revelations in Italy of huge amounts of money being sought from Russia to fund a major political party.

People are therefore entitled to ask for a justification and explanation for why the Government chose the date of 2017 rather than 2014, which they had indicated they were minded to accept and for which the data has been collected. When he responded to the debate on our Motion, the Minister stated:

“Right now, we are not ruling out the re-examination of the period that precedes 1 July 2017. Indeed, the draft order will allow consideration of it, once we have had an opportunity both to bed in the transparency order and to examine the details reflected therein. We will not rule anything in or out on that point. I stress that. It is important that we recognise it”.—[Official Report, 27/2/18; col. 623.]


Yet so far there has been no further consideration of this matter. In a Written Answer to the noble Lord, Lord Lexden, on 12 February this year, the Minister said:

“The Government has no plans in place to legislate to facilitate the publication of pre-2017 data. We are committed to undertaking an operational review to consider all aspects of the operation of the donation and loans systems in Northern Ireland, to review whether there might be a case for further reforms”.


If the Minister is indeed committed to such a review, when will it take place? I suggest that, if he were minded to accept Amendment 8, he would have the opportunity to conduct such a review. Is he able to accept it, given that at the time of the legislation in 2014 the Government indicated that the data would be collected and that people should be aware that that data could be applied?

We are committed to ensuring that there is proper transparency and accountability for political donations and loans in Northern Ireland. We think that if we do not do so then it will undermine our entire democratic system, and we are not prepared to let that happen. I repeat that we on these Benches regard this as a crucial issue for the integrity of the political system both in Northern Ireland and throughout the UK. It cannot be acceptable that a law is allowed to sustain in Northern Ireland that allows Northern Ireland to be used as a vehicle for donations that would be neither clear nor acknowledged and could infiltrate the rest of the UK and completely undermine the legislation that applies to the whole of the UK. On that basis, I beg to move.

[Baroness Harris of Richmond]

My Lords, I support my noble friend on this amendment. When we were discussing this issue on 27 February last year, we made it clear that we wanted any loans and donations to be published as from 1 January 2014, not at the later date of 2017, as we have already heard. We were very pleased to support the Transparency of Donations and Loans etc. (Northern Ireland Political Parties) Order 2018 with that one proviso. It made clear that, for the first time, the Electoral Commission would be allowed to publish information about loans and donations dating back to July 2017. The Northern Ireland (Miscellaneous Provisions) Act 2014 allowed that, and we have still not been given a satisfactory explanation as to why the Government held back from it.

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[Baroness Harris of Richmond]

My Lords, at Second Reading on 10 July in this House, the Minister opening the debate said,

“your Lordships will be aware that, in addition to reporting requirements, the Bill was amended to oblige the Government to introduce regulations to provide for same-sex marriage and abortion. Those votes demonstrated the strength of feeling of the Members of Parliament. However, these are”,

as we have heard,

“sensitive issues and careful consideration needs to be given to both the policy details and their implementation”.

He was absolutely right to stress that. He went on to say:

“Crucially, the amendments as drafted do not function properly, and so do not enable the Government to deliver on the instruction of Parliament”.—[Official Report, 10/7/19; col. 1824.]


Although time has been short for any discussions with the mover of this amendment in the other place, he promised to work with her to try to find a way through this difficulty. Is he now able to tell us how that conversation has progressed?

Also during that debate, the noble Lord, Lord Bew, supported the amendments made in the other place and, in a typically thoughtful and carefully worded speech, said:

“I am of the view that, historically speaking, the broad tendency of the union has been to provide a better social and economic life for the people of Northern Ireland and a more broadly liberal life than would otherwise be the case”.—[Official Report, 10/7/19; col. 1839.]


Devolution is not an obstacle to the UK Parliament legislating on this matter. Parliament is sovereign here. The devolved bodies required to take a decision on these matters are not in place—that is a tragedy on which we all agree. This was raised in the Northern Ireland High Court, where the legality of the current situation was queried in two recent judicial review claims. Those who claim that abortion is a devolved matter fail to take into account the current circumstances in Northern Ireland, which mean that the devolved bodies required to take a decision on this matter are not in place. I reiterate that the UK Parliament is sovereign and has the ultimate responsibility to protect human rights across all countries of the UK, whether devolved Governments are in place or not.

Under Schedule 2 to the Northern Ireland Act 1998, matters of national importance usually remain the responsibility of the UK Parliament and are known as excepted matters, which under paragraph 2(3)(c) include,

“observing and implementing international obligations, obligations under the Human Rights Convention and obligations under EU law”.

It is therefore clearly a matter for the UK Parliament and not a devolved matter on the face of the devolution settlement. The UK Parliament has an obligation to act under international and domestic law to ensure access to free, safe and legal abortions in Northern Ireland.

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[Baroness Harris of Richmond]

But Parliament is sovereign and so it will make that decision itself.

[Baroness O'Loan]

I did not intend to imply in any way that Parliament is not sovereign, but there is no obligation under European law or international law to introduce abortion.

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[Baroness Harris of Richmond]

What would the noble Lord say to the Royal College of General Practitioners, the Royal College of Obstetricians and Gynaecologists and the Royal College of Midwives, which all agree that this legislation should go through?

[Lord Deben]

I would say that we live in a democracy in which we have devolved these decisions, and they must prove that to the politicians elected for the north of Ireland. If there are no such politicians, the least we can do is to have full consultation in order that they will feel that they have been properly involved. The noble Baroness is saying that we can say to the people of Northern Ireland, “You cannot even be consulted. We are going to take the view of these royal colleges—great though they are—and enforce them on you”. That is not the way to win battles. What happened in the south when people voted, surprisingly many thought, on both these issues is that they had the argument. They had the discussion locally and made the decision locally, and it will therefore stick. It changed people’s attitudes in a way that I was enthusiastic about on one side and on the other side not.

We cannot go around saying on the one hand that we believe in devolution and then when it is convenient, because people take a different view from us, we take the opportunity to enforce something. We have to win the argument—not in London, nor even in Edinburgh and Cardiff, but in Belfast. We have to win it in Derry and in the north of Ireland. I hope that the noble Baroness will go and seek to win it. I may try to persuade people to take the opposite view on one of the issues, but at least we would be talking to the people for whom we are legislating and to whom we gave devolved power. Of all parties who should be on this side, the Liberal Democrats, who have been prime movers on devolution, should think to themselves that devolution means taking the good with the bad. They should recognise that it means that people make up their own minds, whether we like it or not.

[Baroness Harris of Richmond]

The noble Lord questioned me about statistics, more or less, and the number of people in Northern Ireland. It is some time since 2016 when the Government decided that they did not want to change the law. But statistics from the Northern Ireland Life and Times Survey in 2018, just last year, found that 82% of the population polled agreed that abortion should be a matter for medical regulation and not criminal law, and 89% agreed that a woman should never go to prison for having an abortion. Those are significant statistics.

[Lord Deben]

Of all the parties in the country quoting public opinion polls, I should have thought that the Liberal Democrats should be particularly careful. I am not prepared to take public opinion polls—although I would point out to her that nearly 70% of the women of Northern Ireland and more than 65% of all people in Northern Ireland say that this should not be something that the United Kingdom Parliament decides.

So we can all bandy polls, but 2016 is a much more recent democratic decision than the democratic decisions that we have made. We are simply suggesting that, in order for the people of Northern Ireland not to feel that we are dictating to them in areas that are specifically their own, we should have proper discussion and proper concern for their views—and if that is not a Liberal view, I cannot think what is.