Northern Ireland (Executive Formation) Bill

Lord Bruce of Bennachie Excerpts

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

[Lord Bruce of Bennachie (LD)]

My Lords, I support the noble Lord, Lord Empey, in his amendments. Like the noble Lord, Lord Hain, I commend him for his persistence on these issues. He brings home to us the realities of day-to-day life and the need to have an Assembly to deliver that.

Much more importantly, given that these are modest amendments that are asking only for reports, so I imagine that the Government might be able to accept them, the positive might be that at least we would not be completely wasting our time between now and October if it were possible to assemble really useful statistics and assessments that would enable the development of policy, so that as and when the Assembly gets up and running—if we want to be positive about it—it has something that it can get to work on, rather than having to start from scratch. This seems to be a practical suggestion. One can be very dismissive about commissioning reports and say that that is kicking cans down the road or not making decisions, but in the end policy requires information, statistics and recommendations, and for them to be constructively used. I hope the Minister will take on board that if he accepts the amendment, it means what it says. The reports should be not just a list of facts and figures but useful in terms of formulating policy that can be implemented sooner rather than later.

Another point of concern that Parliament will have to accept, whether or not we get the Assembly up and running, is that the effect of the lack of government over the last two and a half years is that Northern Ireland has fallen further and further behind. We may be facing all the difficulties, which I will not elaborate on, of a confused and uncertain Brexit situation where it may be impossible to find the resources to catch up. The longer time goes on, with waiting lists rising and other problems such as farmers facing bankruptcy over RHI and people struggling with welfare benefits, the Bill that will be required to bridge the gap and get things back to where they should be will be infinitely bigger and required in a shorter time than those two and half years.

The noble Lord, Lord Empey, is doing a service to the people by highlighting this issue, but it is of value only if something gets actioned. I therefore hope that the Government will accept the amendments and the obligation to produce reports, but also that they will recognise that those reports will need to be substantive to be useful.

[Lord Lexden (Con)]

My Lords, I warmly support this group of amendments moved by the noble Lord, Lord Empey. I shall touch on just two of them. The first is Amendment 12, which the Government should have no difficulty in accepting. I recently tabled a Written Question asking them when the report on the establishment of a renewable heat incentive hardship unit, promised on 19 March, would be forthcoming. The reply that I received on 20 June stated:

“A call for evidence in relation to the form and function of the unit will shortly be released, and will close at the end of June. This will inform the Terms of Reference of the Unit”.


The Department for the Economy,

“anticipate that the panel will begin to accept applications in September 2019”.

By happy coincidence, the amendment moved by the noble Lord requires a report by 10 September. That seems to fit in admirably with the department’s plans.

Like the noble Lord, Lord Bruce, I echo the comments on health of the noble Lord, Lord Empey. No one will doubt the deeply depressing assessment he has provided this evening, following earlier, deeply troubling accounts of the decline of the health services in Northern Ireland. It is truly tragic that health services have deteriorated so markedly under this Conservative and Unionist Government. Surely all the Northern Ireland parties would give their blessing to government initiatives to reverse the decline. Therefore, the message must surely be action, and action this day.

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[Lord Bruce of Bennachie]

My Lords, I welcome the tone of this debate and accept that the main purpose of the amendment is to translate the rules as applied in the rest of the UK to Northern Ireland. To that extent, it is welcome. Indeed, there was strong debate around the idea that there was never any attempt to force anyone to be involved in same-sex marriage or be required to perform or officiate at such a marriage. That was absolutely clear. The law makes that clear and I accept it entirely.

But I have two concerns. I have a slight concern about proposed subsection (1A)(d) in the amendment, which relates to protecting freedom for discussion,

“including urging persons to refrain from marrying a person of the same sex”.

That could become a pressure or indeed the beginnings of trying to convert people away from the idea of same-sex marriages. I draw attention to Schedule 7 to the same-sex marriage Act, which states:

“for the avoidance of doubt, any discussion or criticism of marriage which concerns the sex of the parties to marriage shall not be taken of it felt to be threatening or intended to stir up hatred”.

So it is not in itself an expression of hatred, but it could be in the way that it is applied. I have a slight concern that the amendment is unclear.

The other concern is about the role of education, which has caused plenty of problems on the mainland, never mind in Northern Ireland, on issues relating to gay rights and so forth in general. In that context, there are two issues that I think the movers of the amendment can take comfort from but should be aware of. First, teachers need to teach the facts. It is important that in any context, particularly if it happens in Northern Ireland that same-sex marriage is legalised, the fact of the law and the rights of that should be made clear in schools even if the school has a religious connotation that says, “We in our faith don’t necessarily agree with it”. The school has to accept that it is the law and that people are entitled to get married in that context.

Secondly, it is of course right for a school with a religious background to want to communicate its religious beliefs—and nobody is challenging people’s right to believe what they do. Nevertheless, in the process of doing that, discussions about the issue of same-sex relationships should be done in an appropriate, reasonable, professional and sensitive way. Some of that is difficult to put into law. It is about the culture and the environment in which the issue is expressed.

Many of us would reasonably accept that the speed with which people have moved from resistance to same-sex marriage to wide acceptance has been remarkable. That is very welcome for those people who experienced frustration and prejudice in not being able to get married. I suspect that, in spite of the arguments to the contrary, things may move more quickly in Northern Ireland than some people think. The noble Lord indicated that progress has been made in that direction and it is one area where contributions from outside this House say that it is now an accepted fact.

The amendments are understood. They recognise that people have a right to believe and they should be allowed to preserve that belief, but the balance is that they have to be careful that they do not impose those beliefs or share them and use them to extend prejudice.

[Baroness Smith of Basildon (Lab)]

My Lords, in some ways the debate strayed further than the amendment itself. I was grateful to the noble Lord, Lord Hayward. His explanation of what he was seeking to do with the amendment before the Committee was very helpful. When the same-sex marriage legislation went through this House, there was a lot of debate about some of the issues that noble Lords from the DUP have addressed. It was made clear that that legislation is permissive. It is not compulsory: it is permissive.

I disagreed when the noble Lord, Lord McCrea, spoke about the fundamental building blocks of society. People in a committed, loving relationship should have the same opportunities as everyone, whether same-sex couples or couples of different genders, to be able to celebrate and demonstrate that commitment to each other as being a long-term, permanent commitment, and not be ostracised for doing so.

Having said that, I think the points about this being similar to the legislation in England and Wales were entirely well made, as the noble Lord, Lord Hayward, said. Like the noble Baroness, Lady Barker, the only part I have some concerns about is the educational institution. I was recently fortunate enough to meet the head teacher of Anderton Park School in Birmingham and was deeply impressed by her dignity and her commitment to her pupils. I would hate to think that we would be getting into a position where other head teachers who are trying to do their best for their pupils, trying to instil in them tolerance and a commitment to understanding society as it is, would face such difficulties as she and her staff have had to in very difficult circumstances.

I look forward to hearing what the Minister says but I would imagine that any legislation he is discussing with the noble Lord, Lord Hayward, and Conor McGinn from the other place would be along the lines of the legislation that we have here in GB.

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[Lord Cormack (Con)]

My Lords, I am delighted to add my voice, and pay tribute not only to the noble Lord, Lord Hain, who has been indefatigable in the way he has led this campaign, but to my noble friend Lord Duncan, who has been most receptive when we have met with him and talked about it. I agreed very much with what the noble Lord, Lord Hain, said at the beginning of his remarks. I will emphasise just two points. It is incumbent on all politicians in Northern Ireland to realise—Christians above all must realise this—that no one is perfect. We are all sinners. Whatever party we are talking of is never wholly in the right. It is crucial that this is recognised in Northern Ireland by Sinn Féin, the DUP and all parties, and that they come together to make sure that the Assembly meets and the Executive is formed. The noble Lord, Lord Hain, was right to stress that point.

He was also right to stress that we have no nationalist voice now—no moderate nationalist voice—in either House of Parliament. Throughout my time in the other place, there were always at least one or two SDLP Members. In my time as chairman of the Northern Ireland Affairs Committee, Alasdair McDonnell was one of the most supportive members of the committee. Whether on organised crime, the prison service or the Omagh bombing, all our reports were unanimous, and Alasdair McDonnell played a very constructive and important part in that. It would be very good to have a moderate nationalist voice in your Lordships’ House. As far as the other House is concerned, of course, they have to get themselves elected. It is one of the sad facts of life that those nationalists who are elected draw the money but do not play a part. That is up to them, but it would be very good to have a moderate nationalist voice in Parliament again.

I conclude by emphasising how crucial it is that action is taken—and this week. We need to know that this will happen. As I have said before in your Lordships’ House, many of those who would have been eligible are no more; they have died. In the course of this calendar year, between now and the end of the year, more will die. Many are suffering great privation and hardship, live in constant pain and are constantly haunted by the memory of the bestial act that deprived them of limbs and, to a degree, of liberty—because you do not have complete freedom if you have been so badly injured mentally, physically or both. So I very much hope that my noble friend the Minister will be able to assure your Lordships’ House tonight that, on Wednesday, we will have a workable, acceptable amendment. I am delighted to give this my support.

[Lord Bruce of Bennachie]

My Lords, I had no hesitation in signing the amendment, and was proud to do so. Like everybody else, I commend the noble Lord, Lord Hain, for the deep persistence and commitment that he manifests every time he speaks on this subject. It is somewhat disturbing to think that it is 21 years since the Troubles ended: these people have suffered for decades. Although there is consensus across the piece that the pensions should be delivered, it still has not happened. This is a point at which we can set down a mark of real commitment to recognise, while those people can still benefit, that we can do something about this.

Our debates today should give Northern Ireland politicians real cause for reflection. Increasingly, this House is discussing any and every issue relating to the people of Northern Ireland, because there is no Assembly or Executive to do it. They should be asking themselves, “Why aren’t we delivering this pension? Why aren’t we delivering better healthcare? Why aren’t we doing it?”. I agree with the noble Lord, Lord Hain, that the things that appear to divide them do not seem, to us living on this side, to be the issues that the people of Northern Ireland want to unite them—such as dealing with the day-to-day issues and compensating people for their past suffering.

The amendment is simple, crisp and clear. If it is deficient in terms of a money resolution, the Government have the capacity to do something about that, and I hope they will feel able to do so. I commend the Minister, because every time this issue has been raised he has demonstrated total commitment, understanding and engagement—and frustration, perhaps, that the technical difficulties seem to get in the way. I hope that he has been able to cut through them and can give us a positive answer now.

[Baroness O'Loan (CB)]

My Lords, I want to add a brief word to what the noble Lord, Lord Hain, and others have said. Unfortunately, many of us have seen, met, worked with and tried to help people whose lives have been shattered by bomb and bullet. I thank the Minister because I understand that he is considering this idea: I am sure the Government will find the money to pay these pensions to such a very small number of people. I want us to remember, particularly, the children. There are many children living in this situation—second generation, perhaps, from the actual victim of the shooting or bombing—and they may well act as a carer for their grandfather, uncle or father. That is a very difficult life, and they are subjected to the risk of transgenerational trauma, of which there is a significant incidence in Northern Ireland. A pension would allow for a carer, which might set some of those children free.

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[Baroness Smith of Basildon]

My Lords, given the lateness of the hour, I may not allow the Committee to enjoy my 15-minute contribution and will perhaps be slightly briefer. I am grateful to the noble Lord, Lord Duncan, for his discussions with me on my amendment and for the consideration he has given to this issue. My amendment deals with the historical abuse inquiry and the recommendations made following that inquiry. I say at the beginning that, as we discussed earlier today, this is not the only inquiry where the absence of an Assembly has disadvantaged the people of Northern Ireland.

The noble Lord and other Members of the Committee will recall that I have raised the hyponatraemia inquiry on many occasions now. It was an inquiry that I set up as a Health Minister in Northern Ireland after the deaths of a number of young children. That inquiry reported many years later, yet no action will be taken until a proper Executive and Assembly are up and running. To me, that is a sad and terrible state of affairs for the families of those young children. That issue, and many we have heard about this evening, tell us about the impatience building up in Northern Ireland among those suffering the injustice of local politicians not dealing with their crucial issues.

I pay tribute to the late Sir Anthony Hart, who chaired the historical abuse inquiry. He died suddenly last week, not having seen the progress he would have liked to see on the recommendations he made. We are waiting to take action to implement his recommendations to compensate those subjected to terrible abuse in children’s homes where they had been placed by the state, so the state had a duty of care. Those homes were run by churches, by charities and by state institutions between 1922 and 1995. The very places where children should have been safe from harm are where they were abused.

My amendment would require the Secretary of State to make regulations providing for a publicly funded scheme. I know that funding has been one of the handicaps and difficulties for the Government, but the funded scheme would be charged to the Northern Ireland Consolidated Fund by 21 October 2019 unless the Northern Ireland Executive are formed first. It builds on the amendments in the House of Commons requiring the Secretary of State to report on progress made in preparing the legislation.

We have not gone into the detail; we do not think it right to do so at this stage. What I seek—I am optimistic about this after our discussions with the Minister—is an absolute commitment to get the scheme in place in legislation so that no more victims die before they get their justified compensation.

[Lord Bruce of Bennachie]

I support the noble Baroness’s amendment. We have discussed this subject several times, and we all recognise that recommendations are in place. The Minister will tell us that things have been added to them, which has complicated the settlement. We are talking about abuse going back to 1922—nearly 100 years ago—and continuing until as late as 1995.

Let us be clear: these abuses have not been confined to Northern Ireland. In the Republic, in Scotland, in England and in the Channel Islands abuses have been unearthed, and Sir Anthony Hart produced a very comprehensive report. When we read about the scale of the abuse it leaves us feeling very angry that people who should have been responsible were perpetrating those acts of abuse. I happened to read a novel last year by Christina McKenna called The Misremembered Man. It is a total fiction, but it is based entirely on the kind of abuse that young children experienced in Northern Ireland and makes a lively dramatic impact, as perhaps a stark factual report does not.

I say to the Minister: people have waited an awfully long time. Many have died and many have suffered. There has been a recommendation, and there are clearly additional things. If he can say something about the timescale on which he feels we can get to a point when action can be taken, the Committee will be very appreciative.

[Lord Empey]

My Lords, this issue has been raised many times. The noble Baroness, Lady Smith, may have deprived the House of 12 minutes of her prepared speech, but the parties in Belfast could still surprise us. It has perhaps been a depressing day listening to these debates, but there is always hope. I hope that they will surprise us and start to deal with this matter themselves. However, I have to say to the Minister that this is a bit like the carrot in front of the donkey: the closer we seem to get the more it keeps moving away, and it never gets to the point when something actually happens. I accept that the fact that there is money involved has its own implications, but I hope the noble Lord will be able to tell us that this will happen, and happen on a realistic timescale. Sadly, Sir Anthony did not live to see this, but it would be a tribute to him if it could be introduced as soon as possible.