Northern Ireland (Executive Formation) Bill

Lord Adonis Excerpts

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

[Lord Carlile of Berriew]

The noble Lord chided the number of lawyers taking part in this debate. I have certainly practised law, but, if I may say so, and with great respect, what he has just said shows how little he understands the law of which he has complained.

To turn back to the thread of what I was going to say, I have spent 34 of the past 36 years of my life as a Member of one and then the other of these two Houses of Parliament. I listened to the eloquence of my noble friend Lord Anderson with great attention. I must tell him that I am extremely reluctant to vote for his amendment because, as a parliamentarian of 34 years, I do not like to see the rules of the two Houses of one of the most distinguished Parliaments in the world used as part of a parlour game—as devices.

But then I listened to the noble Lord, Lord True, and, with great respect to him, I realised that the true democrats in this debate are the noble and learned Lord, Lord Goldsmith, the noble Lords, Lord Anderson and Lord Newby, and the noble Viscount Lord Hailsham, who tabled this amendment. My reluctance is overcome by my wishing, as they do, to sustain the law and sustain—I use that word advisedly because I am not ashamed of using it—the traditions and democratic role of this Parliament, including the role played by your Lordships’ House.

I fear that what is being advised to the Committee by the noble Lord, Lord True, and what appears to be in the mind of Boris Johnson, is to drive a carthorse through parliamentary procedure and simply leaves the debris as an acceptable part of what occurs. It shows that they do not understand the fundamental constitutional nature of the referendum and the process that followed it. It was not the duty of this Parliament simply to leave the European Union just like that. It was the responsibility of this Parliament, having been advised by the population in the referendum to attempt to leave the European Union in a way that did not destroy the economy or the political structure of this country. In my view, that requires the attention of Parliament to the very end, not the frustration of the law.

If I have to, I will reluctantly vote for the amendment, but it could all be resolved so simply. All Mr Johnson has to do is to pick up the telephone—with a witness or maybe several witnesses present, I hasten to add—and say to the noble Lord on the Front Bench, “I have been very badly misunderstood. I give a clear undertaking that I will not prorogue Parliament so as to frustrate the very purpose for which it exists”. Then I would not have to vote reluctantly for something that I do not really like.

[Lord Adonis (Lab)]

My Lords, the critical issue, which the noble Lord, Lord Forsyth, would not answer in my noble friend’s question, is whether he actually favours Prorogation. It is important that we get to the substance of the issue, which is very clear. Is it a responsible or legal act, in the view of the two Houses of Parliament, to ban Parliament from meeting to discuss the affairs of the nation in September and October? That has never happened before. The noble Lord, Lord True, said that there have been Prorogations in October. But there is a long-established convention to this effect. Prorogations are for a few days before the new Session of Parliament. The Library has produced a note that lists them all. They are of five days, six days or three days. In one case, it overlapped with the Whitsun Recess and was for 20 days. They have been of 12 days, seven days and three days—always for the purpose of preparing for a new Session of Parliament.

The noble Lord referred to the supposed controversy of 1948. There was no controversy in 1948. The two Prorogations to create the additional Session required by the Parliament Act 1911 lasted one day each. There was no controversy about the Prorogation. Of course, as the noble Lord, Lord Forsyth, said, there was controversy about the nationalisation of iron and steel. That was because the Conservatives did not want it and Labour did. It had been in the Labour manifesto and Labour sought to implement it. But there was no controversy about the terms of the Parliament Act 1911.

[Lord Forsyth of Drumlean]

The noble Lord, Lord Pannick, laid much emphasis on motive. The motive was to prevent the House of Lords blocking the nationalisation.

[Lord Adonis]

The motive was to pass a new Parliament Act amending the Parliament Act 1911 under its own provisions. An absolutely legal procedure was followed. It was pursued on the instruction, no less, of a huge majority in the House of Commons because it followed the 1945 election.

All these points are entirely spurious. The issue that the Committee needs to address is whether it is acceptable for Parliament to be banned by the Government from meeting in October when there are urgent affairs of state to be debated; namely, Britain’s membership of the European Union and what policies will be pursued in that regard. I am absolutely amazed that any parliamentarians think it appropriate to ban Parliament from meeting as a way of overriding what might be the will of Parliament if it does meet.

--- Later in debate ---

[Lord Forsyth of Drumlean]

The noble Lord is talking nonsense. I do not believe that Prorogation is an issue. He is quite right when he says that Parliament can change the law, but I do not believe there is either a majority or the time to change the law before 31 October. In doing so, many people would lose their seats, just as he failed to win his in the recent election because of his position.

[Lord Adonis]

That is a very silly debating point if I may say so. The key issue is that he said that he did not think Parliament meeting in September and October was a concern. In that case, what on earth are we arguing about anyway? The noble Lord, Lord Anderson, is seeking to establish in law that Parliament must meet in September and October. If the noble Lord agrees with that, why on earth are we having this argument in the first place?

The only other point that needs to be made—Boris Johnson is clearly considering this, otherwise these stories would not be running and we would not be in this situation—is that it would be a grave constitutional crisis if a Government were to ban Parliament from meeting for two months, for the whole of September and October. That is what would be involved. There is no modern precedent for that happening and no precedent in the past century for Parliament not meeting in October.

[Lord Campbell-Savours (Lab)]

Unless he calls a general election.

[Lord Adonis]

I think my noble friend is referring to 1974. I have looked that up. Parliament met at the end of October 1974, having had the election. There is no precedent for Parliament not meeting in October. There is no precedent in Britain for a controversial use—a use that would not be generally accepted by most parliamentarians—of the prerogative of Prorogation since 1831, when William IV prorogued Parliament at the request of Earl Grey to prevent the frustration of a Dissolution, which was so radically different a case from the one we have today that it is not comparable. The only case that I can see in any of the Dominions that corresponds to the situation we face now is from Canada in 2008. The then Canadian Prime Minister advised the Governor General to prorogue Parliament. All I can say, having looked at the circumstances of that case, is that it was bitterly controversial. The Governor General thought long and hard about whether to accede to the advice of the Prime Minister. It was immediately after a general election, when the circumstances were very different. If Boris Johnson is thinking of dragging Her Majesty into a controversy as deep as would be involved in banning Parliament from meeting in October, he will be doing a massive disservice not only to Parliament but to all our institutions of state. I hope he does not go there.

[Lord Goldsmith (Lab)]

My Lords, I think it is fair to say that this has been a robust debate. Obviously, I support the amendment to which my name has been added and oppose Amendment 7A, proposed by the noble Lords, Lord True and Lord Forsyth, which would wreck that amendment.

I will deal with the arguments that have been raised against this amendment. I shall start with the first of them, which is that it is inappropriate in the context of Northern Ireland. I would have thought that the question of what parliamentary oversight and intervention are possible in relation to Northern Ireland is of the greatest importance. The Bill as it stands proposes, rightly, that reports will be published about the progress towards the formation of an Executive in Northern Ireland. Should Parliament not be there to receive those reports, to debate them, to consider them and to make recommendations on them, that would be the consequence of stopping Parliament sitting during that period.

I note that David Sterling, the head of the Northern Ireland Civil Service, said only the other day:

“We have lacked that ministerial voice in Whitehall that has championed the cause of Northern Ireland”.


So to find that Parliament was not sitting just at the time when the issues with which this Bill is concerned were coming up would be a great tragedy. So it is very much an issue which Northern Ireland should be concerned about.

But of course it is broader than that. The debate has made that very clear. The argument that the noble Lord, Lord Anderson of Ipswich, started with must be right. If what we are talking about is the possibility that Parliament will be banned from meeting and expressing views during the critical period when we are leaving the European Union—I accept of course that the Bill says what the date is, but it is open to Parliament to do something else if it chooses to do so—to say that Parliament should not be there at that stage is a constitutional impropriety and would be a great assault on our current constitution.

It is said, and it is argued by the opponents of this amendment, that it is there to frustrate the will of the people in relation to leaving. Well, it cannot do that. Nobody suggests that it can do that. As one of those who signed the amendment, I do not suggest that it does that. What it would do is make sure that Parliament was there at the time that decisions were being made so that we did not have a situation where at the time of one of the greatest decisions this country has made in recent times there was simply an Executive and no Parliament to oversee or control them. That would be the greatest assault on the constitutional traditions of which I am so proud, as are so many Members of this House.

As the noble Lord, Lord Forsyth, knows, I admire his debating skills and his opinions, but he has not responded to the question put by my noble friend. I hope that when the Minister gets to his feet he may be able to give a clear answer on whether in fact this can all be brought to an end by a statement that there is no risk and that there will be no Prorogation. Unfortunately I expect that that is outside his power—and I see he is nodding. I suspected that was the case, and we all know why that is so. That would be an end to this debate. As it is, with that uncertainty as to whether Parliament will be allowed to sit during that critical period, we have to do something to allow an opinion to be expressed about that. The gambit would not be doing this; the gambit would be making sure that Parliament was not there at a time of crucial national emergency. That would be the constitutional gambit.

I congratulate the noble Lord, Lord True, on a speech that succeeded in insulting everybody in this House: the Liberal Democrats for not being the party that supported leaving, obviously my Front Bench and me—I fully expected that—his former leader, Sir John Major, for what he said, and others as well, including his current leader, as I have just been reminded. But be that as it may; he is entitled to do that and to take those views. But what he said in attacking the judiciary and the rule of law was completely off target. I fully agree with the noble Lord, Lord Pannick, on this. The judiciary is indeed unelected. I remember losing an important case in the House of Lords—I think that the noble Lord, Lord Pannick, may have been on the other side; he is nodding both enthusiastically and with a smile on his face, so I would guess that he enjoyed the victory—precisely because the House of Lords said in answer to my arguments, “No, we are not unelected. We are there to carry into effect the law, even though that is something that the Government do not want to happen at this particular time”.

Having had the privilege of serving in that role, I know what the rule of law means. You have to defend things in front of an independent and sometimes critical judiciary. Sometimes you persuade the judges and sometimes you do not. However, it is absolutely critical to our democracy that they remain and are not attacked in any way.

Where does that leave us? I was struck by the remark by the noble Lord, Lord True, that the judiciary were not elected, so should not have a say. Of course, the people who are elected are in the other place. We are talking about making sure that those in the elected place are there to express the views that their constituents—the people of this country—believe are right. That is what should happen. This debate can be put to an end by whoever becomes the leader of the Conservative Party in the coming days making it clear that that will not happen—but until then, I respectfully say that this Committee should take the step of following the House of Commons by saying, “We should pass this amendment to make sure that Parliament is there and doing its job when Brexit comes around”.

--- Later in debate ---

Moved by

[Lord Adonis]

9: Clause 3, page 2, line 21, at end insert—
“( ) The report under subsection (1) must include a report on the improvement of higher education provision in Northern Ireland and the establishment of a university whose principal campus is in Derry/Londonderry.”

[Lord Adonis]

My Lords, a few moments ago, the noble Lord, Lord Empey, said that the great and the good had fled the Chamber. I leave him to speak for the great but, as far as the good are concerned, there is no purer good in society than education, including higher education. The issue I bring before the House is the state of higher education in Northern Ireland. It is in a very unsatisfactory condition. This would not normally be a matter that detains this House, because the Northern Ireland Assembly would be sitting and the Executive would be coming forward with proposals, but it is now two and a half years since the Executive met. Two and a half years is a large part of the time that pupils are educated for. Two and a half cohorts of students had the opportunity, or lack of it, to go to university, so I make no apology for raising the issue in this House. Each year that we delay dealing with higher education provision in Northern Ireland is a year that many thousands of young people are denied the opportunities they should have. It is right that, in the absence of an Assembly and Executive in Northern Ireland, Parliament directs its attention to this issue.

The issue is simple. There is an inadequate number of higher education places in Northern Ireland. This is a long-standing issue, but it has been getting progressively worse as education participation has risen across the United Kingdom. There are 50% more undergraduate places per capita in England than there are in Northern Ireland, and one-third of all students who have a Northern Ireland residence are studying outside Northern Ireland at the moment.

I have had the pleasure of going to Northern Ireland a great deal recently and talking to young people. Apart from Brexit, which I have mostly been going to discuss, the issue they raise with me all the time is inadequate university provision. There are not enough university places and people are put off going to university because they are unable to go locally. Most people, particularly the most able students, feel they need to leave Northern Ireland to get a higher education.

This general problem is in crisis in Derry, because there is no university with a dedicated campus there. There is one campus of the University of Ulster, the Magee campus, which has a historic mission and has existed in Derry for a century and a half. But it has a tiny number of places and is not being expanded as it should. I have gone through towns and cities of a comparable size across the United Kingdom, and not detected one anywhere with fewer higher education places than Derry. It is true that some other towns and cities of a comparable size in England, Scotland and Wales do not have a dedicated university, but even where they do not, they have campuses of other universities which provide far more places than in the case of Derry.

I was initially surprised by this because I am not versed in the history of Northern Ireland, but as I got into it, a very sorry story was revealed. In the 1960s, the Lockwood commission was engaged in deeply controversial issues as to where the second university in Northern Ireland beyond Queen’s University Belfast should be located. I am afraid that it was a straightforwardly sectarian division of opinion. One part of the community wanted—

[Lord Kilclooney (CB)]

I was a Minister in Northern Ireland during the period. The committee was headed by Lockwood, who was an English academic. He produced a report on a second university for Northern Ireland; he recommended not Londonderry but Coleraine. Runner-up to Coleraine was the city of Armagh. It was not a sectarian decision; it was made by an impartial English academic. It is slanderous to suggest that he was sectarian.

[Lord Adonis]

My Lords, the statement just made by the noble Lord would be deeply contested within Northern Ireland. One has only to look at the literature and the debate there. I respect the noble Lord’s point of view, but it is deeply contested.

As the noble Lord said, the decision was taken to locate the second university instead in Coleraine, a small town. The decision of the Lockwood committee was to close the Magee campus, but the then Northern Ireland Government thought that it would be a step too far. There was a modest increase in the number of places at the Magee campus, but no major new departments were located there—on the contrary, there was a reduction in their number. This has been a long-running issue since.

When I went to Derry, the business community and young people said to me that the single decision which would do more than anything to boost the economic and social life of that city would be the location of a dedicated university, for which there is masses of space, alongside an expansion of the number of places in the city by the University of Ulster.

These decisions are simply not being taken, but it is worse than that: the decision on the table to locate in Derry medical places at the University of Ulster has now been entirely stalled by the absence of an Executive and an Assembly. There are no medical places in Northern Ireland outside Queen’s University Belfast. The great city of Derry has no capacity to train doctors or medical staff to degree level, because there is no provision at the Magee campus of the University of Ulster.

The story becomes worse than that when one delves into the situation. A decision has been taken to expand the University of Ulster, which has campuses across Northern Ireland, but the greater part of the expansion is taking place not in Derry but in Belfast, with a hugely expensive relocation of the Jordanstown campus to the city centre—it is costing more than £200 million.

I raise these issues which are not being debated and discussed in Northern Ireland because there is no Assembly and no Executive. They are of huge concern.

[Baroness O'Loan]

My Lords, I declare an interest: I taught in the University of Ulster. I hesitate to interrupt, but one reason for the Jordanstown campus being relocated to Belfast is that the building infrastructure is not capable of being sustained and is not safe.

[Lord Adonis]

There may be very good reasons for such decisions being taken, my Lords, but that does affect the fact that there is no increase in the number of places in Derry. The focus of the University of Ulster is not in Derry. Its headquarters are in Coleraine. The big expansion in which it is engaged is in Belfast. Belfast is the only place in Northern Ireland that has an adequate number of higher education places. This issue is being systematically unaddressed.

As I have said, in the normal course of events, this matter should be addressed by the Northern Ireland Executive and Assembly; it is not. It is tragic for Northern Ireland that it is not. Each year where it fails to be addressed means that more young people have opportunities denied to them. It is therefore essential that this Parliament addresses the issue, particularly in the context of the economic and social situation in the city of Derry, which I think most noble Lords would agree is deplorable at the moment.

Derry has the highest unemployment rate in Northern Ireland and the lowest employment rate. Indeed, it has the highest unemployment rate of any city in the United Kingdom. When I met leaders of the business community in Derry, they said that the single decision that could do more than anything to boost job creation, confidence and the location of new businesses in Derry would be the building of a dedicated university in that city. So I think it is right that we address this issue. For as long as there is no Northern Ireland Assembly and Executive, this is going to be a burning issue of concern in Northern Ireland.

I look forward to the Minister’s assurance on two points if direct rule is going to continue for any length of time—and despite the assurances given earlier today, it looks perfectly possible that it may continue for some substantial period. First, will the Government unblock the decision about the creation of medical places in the University of Ulster’s Magee campus in Derry? Could that not be taken forward next year? What is stopping that decision? Secondly, if direct rule continues beyond September, as appears likely, will the Government give an assurance that they will look at the expansion of university places in Northern Ireland as an issue of urgency, so that more young people do not have opportunities denied to them? I beg to move.

[Lord Empey]

My Lords, I was the Minister responsible for further and higher education for some three and a half years and I had to deal with what is now Ulster University at some length. I visited Londonderry on a number of occasions. The Magee College was formerly sponsored by the Presbyterian Church in Ireland. Ultimately, it became a campus of the University of Ulster, as it was then called. Various pressure groups were formed, including one called U for D—University for Derry—a group of local businesspeople and others who were trying to promote a more substantial campus on the site. The university authorities talked to my department and we looked at sites and various options. However, a whole range of other factors has to be taken into account.

Northern Ireland has had the highest participation rates in university education by people from disadvantaged backgrounds—in excess of 41%, the highest in the United Kingdom. However, we must remember that a very significant number of students are not able to obtain their education, simply because of the curricular availability in two universities in one Province, and a number of people will inevitably move to other locations for higher education. That is not necessarily a bad thing: people need to broaden their horizons and they cannot all be kept locally. I believe it is important to bear that in mind, but for a population of our size to have multiple universities covering the spectrum that is needed in the current circumstances is a very big ask.

The other thing to remember is that the council and authorities of the university came to me with their own plans. I went to visit the Jordanstown campus and as the noble Baroness, Lady O’Loan, said, it was absolutely clear from all the professional advice we received that the buildings were in such a condition that it was not economically feasible to modernise them. They were built in the 1960s, they were out of date and the reports were very clear that it was not possible or economically feasible to rebuild or modify them on that site. Consequently, the university decided that it wanted to push itself into the Belfast region: we are talking about a distance of eight or nine miles further towards the city centre of Belfast. My department supported it in doing that, but it was its decision, not ours—it was not forced. The council of the university and the vice-chancellor said, “This is what we want you to do for us”. We gave them the first tranche of money to start the work on their campus in York Street in Belfast, which is now in an advanced stage of construction.

To deal with the particular issue in Londonderry, there is substance to what the noble Lord, Lord Adonis, says. I strongly support, as I know my colleagues in the Assembly do, the proposal for medical students to be taught up there, because there is a shortage of medical staff throughout the health system in Northern Ireland. I have referred to it many times in this Chamber and we will be doing so later, so I totally support it.

There are funding constraints, as is always the case. I also point out that it is not simply about higher education. We have rebuilt the further education estate throughout Northern Ireland—it has been a herculean task. That was ongoing, and we must remember that not everything can be confined to higher education: we have apprenticeships, and a whole range of other areas to cover. If we had more money, I suppose that we could do more things, but we must remember that we cannot determine precisely where a student will go. We kept our fees suppressed, not at the £9,000 level that they are in England; they are probably approaching £4,000 at the moment. That was a deliberate decision to try to make higher education more attainable and affordable.

I support the fundamental point that the noble Lord makes about doing more up there to broaden the range of courses that can be taken. I did support it, I think that there is widespread support in the Northern Ireland Assembly for putting the medical students up to Londonderry, and I would support it. He must remember that there is a supply and demand issue here. The number of students who could be generated in the immediate vicinity of the city of Londonderry is limited, and not all students want to go to university in their own backyard. Young people want to explore, go further and see different things.

We must also analyse potential demand. That is a primary job of the university. It must determine where it is getting its students from. It was made very clear to us what it wanted to do. It said: we want to rebuild our Jordanstown campus and put it in the centre of Belfast. Will you support us or not? It was not a question of Londonderry versus Belfast—that option was not open. It had made its decision. I believe that it should now proceed to support the opening of the medical facility in Londonderry. I would support that—it makes sense, it gives the city a bit of a push—but we must bear in mind that decisions on these matters were taken by the university itself, not by the Government.

[Lord Bruce of Bennachie]

My Lords, I agree with the noble Lords, Lord Adonis and Lord Empey, in their support for the proposed medical school in Derry, which appears to have complete cross-party support. If the Northern Ireland Assembly were up and running, from everything I have heard and seen, it would be progressing as of now. It is the lack of an Assembly that is the block. When I raised this previously, the noble Lord, Lord Duncan of Springbank, said that the Londonderry city deal might contribute to it, but the question is whether that is completed or whether an element of government ministerial input is still required to enable full delivery to take place.

This is just another example—the noble Lord, Lord Empey, probably has a list as long as both his arms—of where problems arise. As I said, I have visited the Magee campus. It was an interesting visit given all the things they are doing there, including impressive work on artificial intelligence. As far as the university is concerned, the building is available, it is anxious to move forward and it is frustrated not because of a lack of support—or even, in principle, because of a lack of money—but because of exactly the reason we are stuck here: the lack of decision-making capacity in Northern Ireland.

Can the Minister tell us anything encouraging as to whether steps can be taken that do not immediately depend on the re-establishment of the Assembly or, alternatively, add another bit of pressure to re-establish the Assembly?

[Lord Adonis]

I greatly appreciate what the noble Lord and the noble Lord, Lord Empey, have said in respect of the medical school, but does he accept that the issue goes much wider than that? The number of university places in Derry has declined since 2014 from 4,658 to 4,313. That is the lowest figure by far in any of the 15 towns and cities across the island of Ireland that have higher education provision. Does he agree that there is no reason whatever why Derry should be so disadvantaged in the provision of higher education places?

--- Later in debate ---

[Viscount Younger of Leckie]

My Lords, the noble Lord, Lord Adonis, has raised important issues and I am grateful to him for doing so. I appreciate having again a short debate with him on higher education matters, here on a very specific issue. I recall from previous debates that the noble Lord has visited Northern Ireland, so it acts as a bit of a link when he raises these matters today.

Higher education, and indeed education services as a whole in Northern Ireland, have been raised in various debates in the House over the past two years. It is clear that education is an important area that needs strategic decisions on future reform. That is vital to ensuring that all children and young people in Northern Ireland have the opportunity to fulfil their full potential. On the issue of establishing a university in Derry, I am aware that the city and the wider north-west has a pool of talent to be nurtured, and I know of the excellent University of Ulster Magee campus in Derry city centre. I am also aware, as I believe are a number of noble Lords, of plans potentially to establish a medical school in Derry, as mentioned today. I am keeping a close eye on the progress of this proposal in the context of delivering the Government’s commitment to a Derry and Strabane city deal. However, while I know that the noble Lord, Lord Adonis, knows this, measures to improve higher education, such as to invest in a new medical school or university anywhere in Northern Ireland, are 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 so that locally accountable leaders can take the strategic policy decisions needed to make progress. The noble Lord, Lord Murphy, has spoken eloquently on these points. Perhaps I may reassure the Committee that the Secretary of State is making every effort to ensure that the ongoing talks process is a success.

The noble Lord, Lord Adonis, made a point about there being not enough university places in Northern Ireland, a point of which I think the Committee has taken full note. I am grateful for the views put forward about the situation on the ground by the noble Lord, Lord Empey, and the noble Baroness, Lady O’Loan. That has been helpful to the Committee. Higher education provision is crucial to ensuring that we have the skills for the future and opportunities for our young people. They should have the choice to study at universities across to UK.

As the noble Lord, Lord Murphy, pointed out, there are two universities in Northern Ireland: Queen’s and Ulster. Ulster University has several campuses, including the Magee campus where a range of courses are offered, including in professions such as law and accountancy. As mentioned, Queen’s University runs a medical school, and discussions on a medical school at Magee are ongoing.

Decisions on places are a matter for the government department in Northern Ireland. As this is a devolved matter, I will not purport to be able to significantly enlighten the Committee on the substance of the important issue that the noble Lord, Lord Adonis, has raised. But in light of its importance—here I am for once on the same side of the fence as the noble Lord, Lord Adonis—I am happy to accept the amendment and to commit to reporting on progress on the issue.

[Lord Adonis]

My Lords, that is an extremely constructive response on the part of the Minister, and I welcome it. It is a significant step forward and gives us the opportunity, on the basis of a good, factual account of the situation, to debate the future in autumn in the event that there is not an Assembly and Executive. If there is, that report will no doubt be useful for them too. However, may I just clarify a point of some significance? In the event that there is not an Executive or Assembly in the autumn, under this Bill and the continuation of these powers do the Government have the power to proceed with the establishment of the medical campus in Derry on their own account?

[Viscount Younger of Leckie]

My understanding is that they do not, but I will write to the noble Lord to clarify that matter.

[Lord Adonis]

I would be extremely grateful if the Minister could do that. In the light of the assurance he has given, I do not feel the need to prolong the debate any further. I beg to move.

Amendment 9 agreed.

--- Later in debate ---

[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.

[Lord Adonis]

Before the noble Lord sits down, he is an extremely reasonable person, but surely he is missing the fundamental issue: for how long can people be denied fundamental rights simply because there is not an Assembly sitting in Northern Ireland? Of course, we agree with him about the virtues of devolution, but for how long can people be denied those rights simply because it is not sitting? It is two and a half years so far and the clock is ticking. Most reasonable people would think we are reaching the point where Parliament has to intervene if the devolved institutions are not there and working.

[Lord Deben]

I say to the noble Lord: that is in fact what is in the amendment. It enables that consideration to be done; it enables that conciliation to be done in the sense of giving people the chance to say what they think. There is a date on it and I remind him that I said in my own speech, as elegantly and delicately as I could, to the Government that I was not sure that the kind of oomph that we ought to have behind the attempts at the restoration of normalcy in Northern Ireland was there and I hoped that it would no longer look as if it was lacking. So I am not sure that we are very far removed. We are talking about making a decision but with the full respect of the people of Northern Ireland, either through their devolved Assembly or, if they do not have a devolved Assembly, through a form of discussion and understanding which means that people feel it is their decision and not ours.