Northern Ireland Act 1998 (Section 75 —Designation of Public Authority) Order 2020

Lord Bruce of Bennachie Excerpts

Wednesday 8th July 2020 Lords Chamber

[Lord Bruce of Bennachie (LD) [V]]

My Lords, I fully support the campaign of the noble Lord, Lord Hain, which he has doggedly pursued, and I certainly agree with everything he says. However, I do wish to address the issue of the IMA and this order. The order must be supported because it ensures that the IMA’s operation within Northern Ireland will be not only in accordance with the law and the previous legislation applying to Northern Ireland but focused on ensuring equality for European citizens’ rights. In that context, I will, of course, support it.

However, I would like to ask the Minister a few questions about the IMA and how genuinely independent it is. Looking at the legislation and the schedule, one sees that the chair and board of the IMA are appointed by the Secretary of State and can be removed by the Secretary of State. The grounds for removal identified in the schedule are fairly broad and give quite a lot of discretion to the Secretary of State. It is also stated in the schedule that, although the devolved Administrations need to be consulted about those executive directors who have particular responsibility for each of the devolved Administrations—that includes Gibraltar—the Secretary of State may not accept their recommendation, may appoint without their approval and has to give an explanation only, but no redress.

Elsewhere in the schedule, it says that the functions of the IMA can be transferred to another body by the Secretary of State, its functions can be removed by the Secretary of State and the IMA can be abolished by the Secretary of State. In the internal operation of the IMA itself, the IMA may decline an inquiry; that may be a fair discretion, but it is able—even when the grounds for such an inquiry have been demonstrated—to decline to pursue it. There is concern that, with the significant power of the Secretary of State, pressure may be brought to bear subliminally in ways which would compromise the independence of the IMA. I would be grateful if the Minister could give categorical assurances of that independence and address those questions.

On a more practical basis, I welcome the fact that the chief executive has been appointed, the location in Swansea has been confirmed and the recruitment of the other directors and staff is under way. Can the Minister give us an indication of when the directors will be appointed and, in the specifics for the devolved Administrations, how soon each of those will be in place?

Finally, because it clearly says that the Secretary of State may abolish the IMA, can the Minister give an indication of how long the Government think that this authority will be required? Is the IMA permanent—I note that the chair is appointed for five years—or do the Government envisage that it will have a timeframe, beyond which it will no longer function? It seems to me that all of these questions need to be answered to ensure that there is confidence in the genuine independence and freedom of action of the IMA, and its ability to stand up for citizens’ rights, challenge the Government and not be threatened with premature downgrading or abolition. I would be grateful if the Minister could answer those questions.