Northern Ireland Budget (No. 2) Bill

Lord Alderdice Excerpts

2nd reading (Hansard): House of Lords & 3rd reading (Hansard): House of Lords & Committee negatived (Hansard): House of Lords
Wednesday 18th July 2018 Lords Chamber

[Lord Alderdice (LD)]

My Lords, I echo the remarks of my noble friend Lady Suttie and the noble Lord, Lord Bew, in respect of the contribution made by David Ford during his time as a Member of the Legislative Assembly and, indeed, as Minister of Justice. I also echo the concerns that have been raised in respect of the recent violence in my own part of Belfast and in other parts of Northern Ireland. These two things are not unconnected. One thing that we all recognised, throughout past years, was that when politics was not working, other people stepped into the vacuum. Power was exercised by some people outside of democratic politics.

When David Ford was the Minister of Justice, there was remarkably little debate about justice. He addressed policing and—not always to people’s pleasure—he addressed the legal system and how much lawyers were paid. He also did a lot of work on prisons. In many ways, public debate became much more thoughtful, reflective and quiet because he was there. It is easy to forget that he was there because he was prepared to take a considerable hit and a lot of criticism, as those in the two major components of politics—unionism and nationalism—were unable to reach an agreement about who the Justice Minister should be. He was prepared to make sacrifices to ensure that the Executive and the Assembly continued.

Now that we do not have that contribution, we have drifted into a totally unsatisfactory situation. Let us just reflect. Clause 5 says that the provisions in the Bill are to take effect as though this was the Northern Ireland Assembly. It is not the Northern Ireland Assembly and it is not even remotely like it. Let us remember that there are no nationalists at all in this Chamber. When people talk about alternatives to devolution and think about some or all powers being brought back to this Parliament, we need to remind ourselves that the solution that would be proposed by nationalists and republicans in Northern Ireland would indeed be that powers should be taken back but taken back to joint authority with the Irish Government. If we had a reasonable representation of the people of Northern Ireland in this House or the other place, that would be the debate that would be had, and we must not forget it. I do not say that because I support that position— I do not—but we have to be realistic about it.

We have drifted into this situation. As the noble Lord, Lord Browne of Belmont, rightly pointed out, it is now 17 or 18 months since we had a devolved Administration in Northern Ireland. In January 2017 the Assembly was stood down. We had a debate about Northern Ireland in February, in which I spoke. We then had a debate in March, in which I again spoke, and we had another debate in April. We did not have one in May because we had an election. We debated it again in June, and on 18 July last year we had a debate on Northern Ireland that centred particularly on justice and security. We talked about the problems of the paramilitaries and said that, if things were not resolved, those problems would get worse. A year later that is absolutely the case. None of this should be a surprise.

However, there is worse news than that. In the Northern Ireland Act 1998, to which the Minister referred, there is a very clear injunction on the Secretary of State for Northern Ireland that if the Executive falls, within seven days—not seven weeks, seven months or indeed 17 months—he or she will propose a date for an election. There might be a delay in that election of a reasonable period, but no judge anywhere would in any way regard the period that there has been as reasonable. Does that mean that one cannot move to direct rule? It would be very difficult to carry support across the community in Northern Ireland for a move to direct rule without at least implementing what was in previous agreements and in the Northern Ireland Act 1998—that is, an election. If an election did not produce or result in the formation of an Executive, I could then understand how there would be a need to move to direct rule or whatever arrangement was proposed, but I think that it would be very difficult politically, and possibly even legally.

My personal view is that the Secretary of State for Northern Ireland has effectively been operating ultra vires for months. On any reasonable reading of the 1998 Act, it is quite clear that there should have been a decision to have an election long before now. Would an election bring about any change? I have no idea. In the last few years I have given up predicting the outcome of elections in any part of the world, and not just elections but referendums as well. We have no idea whether it would bring about a change. The last election did change the overall political balance in Northern Ireland, but whether that was or was not a good thing is open to question. The noble Lord, Lord Dubs, asked whether there is any way in which the people of Northern Ireland can have a say about some of these issues. There is a very obvious way in which they can have a say and that is by having an election, whatever the result—good, bad or indifferent.

This legislation carries us through in terms of the budget until 31 March 2019. A couple of days before that there will be quite an important development: Brexit will happen on 29 March. What we are saying is that this would carry us through to the other side of Brexit. The noble Lord, Lord Adonis, is getting excited about the possibility that Parliament might not be here over the next few weeks to debate the issues of Brexit, because Brexit is so important. The people of Northern Ireland have had no representatives debating Brexit over this whole period. Now we are speculating over the possibility that Brexit may have already occurred before their representatives are back. This is a wholly unsatisfactory, unreal and possibly illegitimate position to take according to the legislation, never mind any political agreements.

I ask the Minister what undertakings have been given. Enda Kenny, the former Taoiseach, said that the Prime Minister, Theresa May, gave an undertaking that there would not be a move to direct rule. We have legislation that makes it clear that a date should be set for elections. How can Her Majesty’s Government justify not making any moves and allowing drift? And there is a further problem. If there were a move to hold elections, that would not immediately give civil servants political accountability unless a Government were formed.

A lot of nice things have been said about those in the Northern Ireland Civil Service, and I am not going to say nasty things about them. However, all my experience of them has been that they are very conservative in their decisions. They do not take risks. The last time they took a serious risk was probably over DeLorean, and that did not work out terribly well. It is not a question of whether or not something is legal, but this case referred to by other noble Lords puts a blight on any creativity by civil servants. They are not going to take a risk that they might be out of order. Whatever the legalities, and even if there were an appeal against them and the appeal was won, it would not take that sense of caution away from civil servants.

The Government, if they do not move, are simply creating more and more problems for themselves and for the people of Northern Ireland. The Government have to take a decision. Although I am sure that he is not in a position to take such decisions when he gets to his feet today, I plead with the Minister to tell his colleagues, including those at the most senior levels, that whatever their preoccupations about Brexit for the United Kingdom as whole, there are things going on in Northern Ireland that cannot be allowed to drift if there is going to be any responsible government and any reasonable outcome.