Northern Ireland (Executive Formation) Bill

Lord Browne of Belmont Excerpts

2nd reading (Hansard): House of Lords
Wednesday 10th July 2019 Lords Chamber

[Lord Browne of Belmont (DUP)]

My Lords, it is interesting to note that the consternation felt in Northern Ireland is given some support by the Select Committee on the Constitution, which has today issued a report expressing its very serious concerns about the fast-tracking of Northern Ireland legislation and the negative impact that this has had on the resulting law. The report says at paragraph 9:

“We reiterate our concern about the routine nature of fast-tracking legislation relating to Northern Ireland. It is constitutionally unacceptable save for exceptional and urgent circumstances. Given this will be the fourth (and potentially fifth) extension of the period for forming an Executive, and the lack of progress in the cross-party talks, it can hardly be argued that the need for this legislation was not foreseeable and that it could not have been introduced earlier and proceeded with less haste”.


Paragraph 10 states:

“In our 2009 report, Fast-track legislation: constitutional implications and safeguards, we recommended that, for legislation subject to fast-tracking, the Government should set out its justification for fast-tracking in the explanatory notes to the bill. In our recent report on the Legislative Process, we noted that the Government had observed this recommendation in respect of most recent bills that have been fast-tracked. We regret that no such justification has been provided in the explanatory notes to this Bill”.


I might add that those constitutional due process concerns have been greatly compounded by dispensing with the rule about scope in the other place yesterday. That means that the amendments that now constitute Clauses 8 and 9 of the Bill were ruled out of scope by the clerks. That in itself is hugely concerning because it means that we undermine our rules-based approach to law-making. However, the immediate implications of the jettisoning of scope feed back into, and massively compound, the problems of fast-tracking. They mean that two huge, highly controversial social issues have been added to the Bill, massively widening its remit, but without changing the fact that the Bill is still being introduced via the shoddy first-tracking procedure. It is bad enough to subject us to fast-tracking. To compound the problems by also jettisoning scope is to make the problem of fast-tracking far more serious and to treat Northern Ireland with total contempt.

To regain any sense of the problems with this, one must have some appreciation of the enormity of these issues. Abortion is a sensitive issue in England and Wales, but it is much more sensitive in Northern Ireland, where our distinctive approach to this issue is an important part of our history and identity. As the noble Lord, Lord Alton, remarked, 100,000 people are alive today who would not be had we embraced the 1967 Act. Not only that, it is a matter on which the democratically elected Northern Ireland Assembly expressed a view very recently, in 2016, when it chose not to amend our law in any way.

It is naturally disappointing that we are debating legislation that should have been debated in a Northern Ireland Assembly. Bills require scrutiny, analysis and examination. This fast-tracking process does not permit the level of accountability that one should expect. At this time, the people of Northern Ireland are receiving only the bare minimum of governance. None of us wants to be in the current situation, with no local decision-makers. At this crucial time, when the current political talks between all the Northern Ireland parties are taking place, it is only right that the possible date of an Assembly election be extended. That would, I hope, allow time for an agreement to be reached.

There has been no shortage of elections in Northern Ireland in the past three years: to be precise, there have been five. There was an Assembly election in 2016, followed by another in 2017. We all know about the UK referendum in 2016 and the General Election in 2017. The electorate in Northern Ireland have had ample opportunity to express their views and to air the issues that relate to everyday lives. The clear message received by canvassers on doorsteps throughout the Province was that there was an overwhelming desire to see a functioning Assembly return. MLAs were elected to serve the people. Unfortunately, they have been prevented from carrying out their legislative function by the action of one political party—namely, Sinn Féin. None of us wants to be in this situation. The electorate cannot go on being punished because of the political stalemate. The people of Northern Ireland know the issues that need to be addressed and that impact on their daily lives and those of their families. They want to get on with their lives, just as the rest of the people in the United Kingdom do.

As it stands, the legislation continues to present many challenges to the senior civil servants in Northern Ireland, who have been tasked with taking decisions in their departments for a considerable period. Though we must commend their hard work and dedication, it is true that, in many instances, vital decisions are being put on hold or are simply not being made at all, because of the threat of court action. There is a limited scope at present for key decision-making.

We have heard that there are specific long-standing decisions in a wide range of areas such as housing and education, with school resources shortages and issues regarding school allocations. Long-standing decisions are also needed on infrastructure projects. We have a general practitioner shortage in Northern Ireland. People are living in pain and are on long hospital waiting lists. Decisions still need to be made on the budget and, on health, transformation projects to tackle long waiting lists. Victims of terrorism are still awaiting decisions. Many victims do not have work-related pensions because of their appalling injuries, nor do they have access to work. To obtain the support they richly deserve, legislation needs to be brought forward.

My noble friend Lord Morrow outlined many of the decisions and projects that have been held up in Northern Ireland and cannot proceed. I make no apology for adding to his list. For example, the next phase of the 2021-22 school enhancement programme is delayed. The School Shared Education Campuses programme—something that we all want in Northern Ireland; we want the communities to work together—is now funded from the capital pot in the department but now has affordable risk-procurement since suspension. School building schemes, 10 currently at design or feasibility stage, are not being pursued. Tender prices are increasing and projects stalling as, due to the fall in the pound, prices have now become much higher than the original estimates. We have a crisis in housing—a housing shortfall. What can we do? Addressing the shortfall in new-build homes requires policy intervention.

I turn to the environment and energy—very important, the environment, these days. We have environmental NGOs, difficult-to-plan organisational budgets and work programmes. We have the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017, the consultation on the draft version of which closed on 9 February 2017. The closure of the Northern Ireland Renewables Obligation scheme in April 2017 has left a policy gap. On renewable energy development, the Minister ordered research to be conducted but was unable to translate this work into new policies. I could go on and on. I will add some examples from the public sector. On public sector pay, there is delay in making awards. The Community Relations Council requires an annual business plan, but it has not been approved. Would the citizens of any other region in the UK tolerate such inaction for such a long time?

I turn to the new Clauses 9 and 10 on abortion and same-sex marriage. Regardless of our views—there is a wide divergence of views right across this House—we can surely agree that these issues deserve proper attention and debate and, in the first instance, should be decided by a Northern Ireland Executive. There is a risk that these poorly drawn-up amendments will create a dangerous precedent for interference that could have wider consequences for constitutional arrangements. If these two devolved matters can be resolved here in Westminster, why can the other 69 outstanding priority issues vital to the enhancement of the daily lives of the people in Northern Ireland not be treated in the same way? Indeed, are we about to witness the potential dismantling of the Northern Ireland devolution settlement? If we take this path, which may indeed prove popular with some, any hope of a successful outcome to the Stormont talks may be dealt a fatal blow.

The people of Northern Ireland want to see devolved government working and they deserve accountable local decision-making. My party, the DUP, entered the talks in good faith and will continue to work hard in the interests of all sections of society in Northern Ireland.