European Union (Notification of Withdrawal) Bill

Baroness Suttie Excerpts

Report stage (Hansard - continued): House of Lords
Tuesday 7th March 2017 Lords Chamber

[The Archbishop of York]

My Lords, it is a real delight to follow the noble and right reverend Lord, Lord Eames. When he was Archbishop of Armagh he invited me endless times to visit Northern Ireland, even during the terrible Troubles. As a result we ended up spending a lot of holidays in that particular part of Ireland. It is a very beautiful, wonderful place. The noble Lords, Lord Hain and Lord Reid, spoke with insight. I would like to follow in their footsteps on this wonderful probing amendment that the noble Lord, Lord Hain, says he is not going to put to a vote.

I want to say three things. First, this amendment, as I understand it, touches on sensitivities that Brexit risks putting Northern Ireland’s peace process in jeopardy by not taking account of the fact that under the Belfast/Good Friday agreement citizens in Northern Ireland have a right to Irish citizenship and therefore EU citizenship. This makes Northern Ireland unique post Brexit as the only jurisdiction outside the EU where every person living there is legally entitled to be a citizen of the European Union, simply by applying for an Irish passport. While these considerations are high on the agenda in Dublin and Belfast, they are not receiving, as I understand it, the attention they deserve in London, Brussels or other EU capitals. The amendment seeks to reverse that situation, hence its probing nature.

Secondly, this issue and other matters relating to the impact of Brexit on UK-Irish relations were explored in a report published in December 2016 by the House of Lords European Union Committee. The committee concluded that the unique nature of UK-Irish relations needs a unique solution. It recommended that the best way to achieve this would be for the EU institutions and member states to invite the UK and Irish Governments to negotiate a draft bilateral agreement, involving and incorporating the views and interests of the Northern Ireland Executive, while keeping the EU itself fully informed. Such an agreement would then need to be agreed by the EU partners as a strand of the withdrawal agreement. I will be interested to know what the Minister will say about that.

Thirdly, this amendment does not go as far as the committee suggested but it holds that the right of the people of Northern Ireland to Irish and therefore EU citizenship should be upheld in any agreement negotiated following the triggering of Article 50. To me, that is important. The noble and right reverend Lord, Lord Eames, reminded us of the importance of the border. There is no wall there but it is a border. It seems to me that the rights of those people need to be upheld otherwise we are going to put in jeopardy this wonderful decision under the Belfast/Good Friday agreement that citizens in Northern Ireland have a right to Irish citizenship and therefore EU citizenship.

[Baroness Suttie (LD)]

My Lords, I pay tribute to the wonderful, heartfelt speech from the noble and right reverend Lord, Lord Eames. I think I speak for many in this Chamber by saying that his speaking with such emotion makes us realise how important this issue is. The right of Northern Irish people to claim Irish citizenship is, as other noble Lords have said, set out in the Belfast/Good Friday agreement, the Irish constitution and, as has also been said, the common travel agreement. It should be stressed that this right will remain and will not be changed by Brexit. It would be wrong to suggest otherwise.

However, there remain many unanswered questions and it will be useful, in debating this probing amendment from the noble Lord, Lord Hain, to push the Government for clarification on several issues. As has been said, Northern Ireland is unique in the United Kingdom in that citizens can choose to have Irish citizenship, British citizenship or both. Since the Maastricht treaty, citizens in both Ireland and the United Kingdom have also been entitled to European citizenship. However, following Brexit, in Northern Ireland there will be a situation in which, unlike in the rest of the UK, people will be able to remain EU citizens by virtue of their Irish citizenship. Will the Minister say how he believes UK citizens also being able to maintain EU citizenship will work in practice?

Last week, your Lordships’ House voted overwhelmingly to maintain EU citizens’ rights in the United Kingdom. If this is overturned by the House of Commons next week, can the Minister clarify whether he believes this will have any impact on the Northern Irish people who have opted to have Irish citizenship? If there is no change to the current situation, does the Minister believe that this would entail special status within the European Union? Finally, can the Minister confirm that resolving these issues will be a top priority for the Government, and does he agree that any continuing uncertainty or lack of clarity about future citizenship rights for Northern Irish people is clearly unacceptable?

[Viscount Slim (CB)]

My Lords, how pleasant to have a meaningful and good, short debate. I so agree with what has been said. The noble Lord, Lord Hain, was kind enough to mention the bad feelings caused by the hounding and prosecuting of British soldiers over matters of Sinn Fein and Ireland. I remind noble Lords that our Armed Forces are full of good Ulstermen and good Irishmen, and they need looking after and defending. The false prosecuting of British soldiers and airmen and the constabulary in Northern Ireland should not be allowed. The Minister may not recall that previous Governments have given dispensation to IRA/Sinn Fein murderers of British troops and the constabulary. This false prosecution and hounding of the Armed Forces has to stop. It is a law thing, and maybe the Minister has some views on it. I raise it because the noble Lord was kind enough to bring up the question of a British soldier being prosecuted.