Northern Ireland (Executive Formation etc) Act 2019: Section 3(5)

Lord Bruce of Bennachie Excerpts

Monday 28th October 2019 Lords Chamber

[Lord Bruce of Bennachie (LD)]

My Lords, we are here because the Government have been mandated to provide regular updates and reports. I think we all want to thank the Minister for the conscientious way in which he has consistently brought these reports forward, and indeed for the progress that has been made in the absence of Ministers with full responsibilities, a functioning Assembly and a functioning Executive. However, there is an underlying frustration that clearly will have to be addressed.

I want to address two or three practical issues. My noble friend Lord Alderdice mentioned the renewable heating initiative. An independent energy consultant, Andrew Buglass, has been appointed to look at hardship cases but it is not entirely clear what the timescale is. We hear from the Ulster Farmers’ Union that farmers are selling stock, selling land and making all the adjustments they can, yet they face the real possibility of going out of business. Can the Minister indicate, now or in the future, whether these issues will be addressed in time, which is a matter of concern?

[Lord Lexden (Con)]

On that point, I remind the Minister that back in March, I think, he promised a Statement indicating how the cases of hardship would be examined and dealt with. I believe we are still waiting for that Statement.

[Lord Bruce of Bennachie]

I take note of that. Obviously, there is real concern out there.

Regarding the medical school in Derry/Londonderry, it would be good if we could establish that there is freedom to pursue this idea. Many of us have engaged in different ways. The university tells me that it is in a position to do this, if it is possible to do it. It would still be matter of getting its hands on the money—we know that—but it has a building and a clear plan and it feels able to press ahead. It is always good to see something that takes us forward, rather than leaving us stagnating.

I turn to the situation with political donations, which the report simply says is the same as it was. I suggest to the Minister that we are facing a general election for the UK with a huge lacuna in Northern Ireland, where money can be channelled without it being published. I accept that people have notification that it may eventually be published, and clearly, if anything illegal has been done then at some point or other, they will face prosecution. However, I wonder whether it would be better if the law was enacted now, so that people had to declare it and there was no danger of it being retrospective. I say that because evidence of wrongful raising of money from improper sources has been identified and was used to promote the distortion of a referendum, the consequences of which we are all living with. Yet there has been no action. The reality is that you have to stop it. It is too late afterwards when the result has been manipulated by the misuse of funds. I ask the Minister: is there anything more that can be done or said about that?

My noble friend mentioned an election. There are two things to be said here. The noble Lord, Lord McCrea, said it would be fine to have an election at the end of January. He is confident that his colleagues would get elected. On the other hand, if there was an Assembly election at the same time, under a different electoral system, it might show a slightly different mix of opinion in Northern Ireland. We have had two elections this year and there has been a noticeable, identifiable shift of political opinion in Northern Ireland.

[Lord McCrea of Magherafelt and Cookstown]

To clarify, I was talking about the Assembly election and having it on 31 January. We are very happy for that to take place.

[Lord Bruce of Bennachie]

I am glad to have that clarification. At the end of the day, the point is that the Assembly, which has been dysfunctional for three years, ultimately loses any kind of legitimacy if its mandate is not renewed. It is perfectly likely—as may well be the case with a general election for the House of Commons—that the result will not be that dissimilar to the previous result, and the deadlock will remain unresolved. Nevertheless, if the argument is that we have to have an election to resolve the deadlock in the House of Commons, it is slightly obtuse to say that we do not have to have one to resolve a deadlock in the Northern Ireland Assembly. The idea certainly seems to be becoming more pertinent.

We have not heard the Northern Ireland voice on Brexit in any kind of direct way. Yet we have a potential agreement put forward by the Prime Minister which was denounced by him and denied by his predecessor. It is what the EU asked for in the first instance, which we have wasted three years saying we did not want. Much more to the point—as I am sure noble Lords from the DUP and their colleagues would be quick to point out, and as I pointed out last week—it drives a coach and horses through the Conservative Party’s claim still to be a unionist party. It is absurd to suggest that this agreement, if it goes through, does not create a major division between the activities taking place in Northern Ireland and in the rest of the United Kingdom. As somebody who supports remain, I would prefer to live in Northern Ireland rather than the mainland, under these proposals. It is certainly not a single solution for a single referendum that is UK-wide. Ultimately, that is its fatal flaw, and it may make it very difficult to reach that agreement.

The tragedy of all this is that many of the details concerning how Brexit will impact on Northern Ireland should have been debated in the Northern Ireland Assembly and considered by the UK Government, and the people of Northern Ireland should have been represented. My final parting shot is this. Whether with an interlocutor, other initiatives or whatever, how and when can we get to a point where this derelict, defunct Assembly becomes active and relevant? It is impossible to go on for much longer without direct rule being the outcome. I have to say to the noble Lord, Lord McCrea, that if that is the case, precisely the same same-sex marriage and abortion rules that have been passed by this House would stand. Direct rule means direct rule. Most of us want to avoid it and we want the people of Northern Ireland to have their say, but three years is long enough and I am not sure that we can go on much longer like this.