Northern Ireland (Executive Formation) Bill

Lord Cormack Excerpts

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

[Lord Cormack (Con)]

My Lords, if any subject ever deserved sensitive consideration in your Lordships’ House, it is the Bill that is before us tonight. In his very interesting speech, the noble Lord, Lord Morrow, said: “We should be debating a simple Bill”. He is wrong, because we should not be debating a Bill at all. The tragedy behind tonight’s Bill is the failure of politicians in Northern Ireland, on both sides, to come together to agree and to put devolution back into practice. We are debating this Bill tonight only because they failed to do that. I do not seek to apportion blame to this, that or the other group, but that is a sober fact.

Following from that, I was taken by the speech of the noble Lord, Lord Bew—I am always taken by his speeches, because he speaks so thoughtfully and considerately. He talked about the actuality of direct rule. The fact of the matter is, we have before us tonight a simple Bill that has become a Christmas tree Bill, to quote the noble and learned Lord, Lord Judge. Various baubles have been hung on it, and the danger is that, if too many baubles are hung on this particular Bill, the tree will fall over and we will be back, whether we like it or not, with direct rule. I know that there are some in Northern Ireland who would favour that, but most in your Lordships’ House would not.

I look back, because I was chairman of the Northern Ireland Affairs Committee in the other place, at the time when the power-sharing Executive was formed. I talked with the late Ian Paisley—Lord Bannside, as we knew him in your Lordships’ House—and Martin McGuinness. An extraordinary chemistry brought them together, creating something unprecedented, not only in our country but in Europe, where those who had been sworn enemies came together. It was a political tragedy that it fell apart. We must be extremely careful in the way we handle this Bill if we want to avoid toppling over into direct rule.

I make no value judgment on the issues on which the noble Baroness, Lady Harris, just spoke on, but it was moving to hear her talk about the union. I passionately believe in the union, but we have a union that has devolved government within it. If we destroy that, deliberately, or inadvertently, the union has been fatally wounded, and we have to be extremely careful that that does not happen.

I believe that this Bill is unrealistic in one thing—the timing. There is no one in your Lordships’ House, particularly those with a deep knowledge of Northern Ireland—many with a deeper knowledge than I have—who believe for a moment that all will be smooth sailing on 21 October; it will not. Provisions are built into the Bill for an extension to the middle of January. It would be a far more honest and sensible Bill if the January date was on the face of it, with a provision to extend to April. I say “extend to April”, because then we will be approaching yet another anniversary of the Good Friday agreement. We will have also passed the three-year mark without an Assembly or an Executive in Northern Ireland.

We have to recognise two things in particular. One is that many people’s minds are concentrated on 31 October, rather than 21 October. So much depends on 31 October, particularly in Northern Ireland, that we are being utterly unrealistic by including the October date. I also think that when that date has come and gone, there has to be a real determination to ensure that the next anniversary of the Good Friday agreement, which will be the 22nd, is marked by a return of the Assembly and the Executive. The phrase “take back control”, has been bandied around repeatedly in another context of the last four or five years, both before and after the European referendum. It is very important, however, that the people of Northern Ireland are able to take back control, and to have their own Executive and Assembly.

I have urged the Assembly to assemble many times in recent months in your Lordships’ House, and I apologise if I am boring my noble friend Lord Duncan by repeating it. I believe he has done a marvellous job. Tonight, we have had a repetition of the suggestion that the committees should meet, even though they would not have Executive authority—a trial run, if you like. I want to see that sort of real progress, and it is crucial that we see it in Northern Ireland.

If we go beyond the next anniversary of the Good Friday agreement, the chances of it ever being resurrected diminish by the month. I do not think that anyone in your Lordships’ House, whatever their view on the issues in yesterday’s amendments, want to see that happen. I appreciate that there comes a time when we might have to have direct rule, although I do not want it. I also think it is very important that on issues as sensitive as same-sex marriage and abortion, we must give the people of Northern Ireland the opportunity to make decisions through their Assembly. That is crucial. If we do not do so—if we grab control on these issues through the Bill—we will not help progress towards the restoration of devolution. I urge noble Lords to bear that in mind when we come to debate the Bill in Committee on Monday next week.

I want to touch on two other things. The first is the amendment that the noble Lord, Lord Hain, will table, assuming that Second Reading is achieved tonight, concerning pensions for those who have been badly scarred by the Troubles. I am sorry that the noble Lord cannot be with us now but he will be with us on Monday, God willing, to move his amendments. He will have my support; I have agreed to put my name to his major amendment. This is one issue where it is legitimate for the United Kingdom Parliament here at Westminster to take control because these people are dying by the day, the week, the month, the year; already, hundreds will not benefit because they are no more. There are others whose physical and mental condition is such that they desperately need the help that my noble friend Lord Duncan has readily acknowledged and worked very hard to achieve. The sooner we get this through, the better.

The other issue I want to touch on is the so-called Grieve amendment. I know that many people feel that it took advantage of this particular Bill but we are all parliamentarians. I am a remainer, as were 56% of the people of Northern Ireland, but one who accepts that Brexit will happen and who would have supported the Prime Minister’s deal. However, I would—indeed, could—never support in any circumstances the Executive snatching control from the legislature. In our system, the Executive are accountable to the legislature. No Prime Minister, be his gloss ever so new, has any right to usurp the position of Parliament. That is why I support the amendment moved yesterday and will do anything I can to persuade the Government and whichever Prime Minister we have of the utterly self-destructive folly of seeking to usurp Parliament. This week, an interesting series on the Civil War is running on the television. I have always been a student of it but, over the past three years, I have begun to understand its emotions. We must bring that to an end and go forward as a united nation and a United Kingdom, but we will not do that if any Executive seek to take advantage of Parliament.

We have a fascinating time before us. We are very concerned about this particular part of the United Kingdom; more than anything, I believe in the United Kingdom. Nothing we do in this place should deliberately or inadvertently threaten the survival of the United Kingdom. If we do not handle this Bill sensibly and sensitively, there is a real danger that we will set back the cause of devolution within the United Kingdom, in that part of our country I grew to love as I went week after week and month after month during the five years of the last Parliament I was part of in the other place. Let us take this one forward soberly, sensibly and in a balanced way.

--- Later in debate ---

[Lord McCrea of Magherafelt and Cookstown]

I acknowledge the noble Lord’s response, but Conor McGinn did make a statement, and it is a naive statement. What incentive is there for Sinn Féin to allow the Executive and the Assembly to be restored before 21 October? It made these two red lines, and its comrades in Westminster have produced the goods. Why would it want, and allow, Stormont to return, to possibly see one or both of these pieces of legislation fail? It is clear that the incentive is not in the hands of the DUP but has been handed by Parliament to Sinn Féin to block progress, to keep the process going until after 21 October, and, in the meantime, to try to get unionists to give Sinn Féin its final demand, the Irish language Act.

This legislation has driven a coach and horses through the principle of devolution and overrides it. It is a major step towards the end of power sharing for a long period of time. What do we need devolved government for, when all Sinn Féin has to do when it is not getting its way is to appeal to its friends in Westminster, who will capitulate to republican demands as usual? One might say, “What is new?”—for that has been done for so many years. No unionist could contemplate agreeing to Sinn Féin’s final demand, or it will be viewed as lying down and letting republicanism walk all over you. For those who suggest that we should tack on some little crumb for the Ulster Scots, I say, “Please don’t insult me”.

Unionist representatives, through this legislation, are being blackmailed. They are being held to ransom by those who suggest that we should capitulate and let republicans have their final demand, and maybe Sinn Féin will allow the Executive and the Assembly to get back before 21 October. This, in my opinion, is a dark day for our Province. The issue of same-sex marriage has been brought forward without consultation or consideration of how to protect those who disagree. At least when the redefinition of marriage took place in the rest of the UK, it was done after a period of consultation and consideration.

I do not think it is possible to overstate the significance of the damage done by the other place. The complete lack of understanding shown by Members there for Northern Ireland is astounding. Rather than feeling valued members of the union today, many feel that they have been held beneath contempt. In all my years in Parliament, I have never witnessed anything like this.

I have been contacted by many people from Northern Ireland who are not only concerned about other issues but deeply grieved about the manner in which the other place treated Northern Ireland yesterday. It would be interesting to know in which other jurisdictions in the world such a major change—for example, in abortion law—has been made in this way, without warning or prior consultation with the people. As has been said, a ComRes poll suggested that 64% of people in Northern Ireland oppose Westminster trying to change the law, with 66% of women and 72% of 18 to 32 year-olds being against it—yet it is being forced on Northern Ireland. Is that democracy? It is enough to make one weep. To add insult to injury, this monumental change has been introduced with total disregard for Northern Ireland.

Just a few days ago I remember preaching a sermon—

[Lord Cormack]

This is a very long speech.

[The Earl of Courtown (Con)]

My Lords, I apologise to the House but I think it is time that the noble Lord brought his speech to an end.

--- Later in debate ---

[Lord Duncan of Springbank]

The thing to note is that these have now been voted on by the other place in a significant number. The majority is there. They will move forward in this way. We in this House cannot look to the other place and seek to undermine or strip out these particular parts; that would be a mistake of some significance.

[Lord Cormack]

I apologise for intervening, but is not a way forward to extend the dates in this Bill so that, instead of having 21 October, we have 13 January, and instead of having 13 January, we have 10 April? If we have a more realistic timetable, is it not then possible that we can enable the Assembly to come together, the Executive to be formed and, therefore, enable this House and the other place not to impose their will upon Northern Ireland?

[Lord Duncan of Springbank]

My noble friend, as always, provides a very sensitive approach. I have a suspicion that there will be a number of amendments tabled over the course of the next few days, which may well, indeed, reflect the very point my noble friend raises. I suspect we will know more when we are able to see what they are. That will provide us with the perfect opportunity then to try to address these things as best as we can in moving it forward.

--- Later in debate ---

[Lord Duncan of Springbank]

To be frank, it is almost the sole purpose of this House to take those matters which come from the other place to ensure they can be revised in a manner which is appropriate, particularly in light of legal realities. That is our responsibility, and we would be derelict were we not to do that, if we were aware of deficiencies in the law. That is our role.

I am conscious, as I try to draw these remarks to a close, that some other things need to be mentioned. I am aware of the issue of the victims’ pensions—the noble Lord, Lord Hain, is of course not in his place. We have been working together to establish how we can make some progress on this. A noble Lord asked: can it be so—that there is a prospect of terrorists themselves receiving benefits through this? The answer is no. If the harm came by their own hand, they would be precluded from any attempt to provide a pension, for very clear and obvious reasons.

The noble Lord, Lord Dubs, asked about refugees in Northern Ireland. We have had a meeting on this very point and I am looking again to the noble Lord to work with me on this matter. The challenge we experienced at the time was that the number of suitable recipient families, as judged by the Northern Ireland Civil Service, was not adequate for the purpose; the noble Lord may recall that discussion. I am very happy to continue that dialogue to see how we can make some progress and will be happy to commit again to meet with the noble Lord to do that very thing if he is amenable to it.

I appreciate that the notion of historical abuse, raised by the noble Lords, Lord Bruce and Lord Empey, remains a very important issue, and it is important. They will be aware, as I have said before, that the challenge we face is that if the Hart recommendations had simply been left as they were, we could have moved forward. However, those recommendations were then passed on to the parties in Northern Ireland, which have had engagement with and made some fairly significant changes to the initial recommendations. It will take time for those to progress towards a legislative basis upon which progress could be made. I would hope that it can be expedited but I am not clear about the timescale. It is not being delayed; it is now simply a question of it being drafted in the appropriate way to reflect the parties in Northern Ireland.

I am aware of the legacy issues and I note that in raising this matter the noble Lord, Lord Empey, suggested that they had not been front and centre in the talks that have gone on thus far. It is a challenging issue and the Government recognise their responsibility in this area. They would be derelict if they were in any way to abandon these issues. We will need to find a resolution as we progress in some way. Whether they form part of the discussions and talks remains to be seen.

I do not believe that I can bring to a satisfactory conclusion the nature of today’s debate. It is not in my gift or the gift of any us. We now have a number of serious issues before us and shall on Monday have ample opportunity, I hope, to engage directly with the amendments as they are presented to facilitate the proper debate that we in this House can deliver. Out of that will emerge, I hope, a wider consideration and appreciation of the reality which we face. Out if it will emerge the next stage, which will take place on the Wednesday of the following week as well. I hope through those stages to be available to your Lordships if there is a need for discussion. I remain open to that discussion in all fashions, so if noble Lords need to reach out I am happy to work with them. I note again to the noble Baroness, Lady O’Loan, that I am happy to sit down at an appropriate time and engage directly with this.

[Lord Cormack]

My noble friend just referred to the week after next. I thought that we were having Report next week.

Northern Ireland (Executive Formation) Bill

Lord Cormack Excerpts

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

Moved by

[Lord Cormack]

1: Clause 1, page 1, line 4, leave out “21 October 2019” and insert “13 January 2020”

[Lord Cormack (Con)]

My Lords, the amendments in this group all stand in my name but I am extremely grateful to my noble friend Lord Trimble and the noble Baroness, Lady O’Loan, for adding their names to all but one of them. These are very simple amendments, which I trailed last week at Second Reading. All they do is alter dates in the Bill. They do not cause any impediment whatever if, miraculously—I think it would be miraculous—a Northern Ireland Executive were set up in the very near future. I think there is common agreement among those who follow the affairs of Northern Ireland closely that it is, sadly, very unlikely that any significant change will take place by the August date in the Bill. I regret that, just as I regret that for more than two and a half years now we have had no Northern Ireland Executive and no Assembly.

My noble friend who will respond to this debate knows full well my views on the desirability of summoning the Assembly, having its committees working and, above all, having an Executive, the absence of which has deprived the people of Northern Ireland of proper devolved government for more than two and a half years, but we must be realistic. Your Lordships’ House will be going into recess, as will the other place, at the end of next week. We come back briefly in September. By then a new Prime Minister will have been in office for some weeks, but nobody in this House or the other place imagines, much as we might regret it, that the new Prime Minister will have anything at the top of his agenda other than Brexit. All eyes will increasingly be focused not on a date in the middle of October but on a date at the end of October—31 October.

In these circumstances it seems sensible to avoid the constant coming back for a renewal, effectively, of a mandate. We have done this too often now. Therefore, in these amendments I am suggesting that we delete the October date, insert a fallback date of 13 January in its place, and that for a fallback date we have not 13 January but 10 April. I have put that date for a very deliberate reason. That will be the 22nd anniversary of the Good Friday agreement. I hope that might focus minds, particularly in Northern Ireland. It will also take off what some people might consider undue pressure.

I intervened on my noble friend’s wind-up speech last week and indicated that I was minded to table amendments to this effect. He responded very graciously. The amendments are now before us and I very much hope that the Committee will see them as non-controversial, giving more time to the parties and people of Northern Ireland to restore proper devolved government and taking away the ever-increasing threat of direct rule, which no one who cares about Northern Ireland and who was excited by what happened nearly 22 years ago wants to see happen. I trust that my noble friend will be able to give me a very satisfactory answer to these amendments. I am grateful to my noble friend and the noble Baroness for supporting them and I beg to move.

--- Later in debate ---

[Lord Duncan of Springbank]

The noble Lord takes me into even deeper waters—and we are only in the first half hour of what may well be a long day. I understand the point he makes, of course; I appreciate exactly what he is saying. But that may be a discussion for another time. If he will allow me, I shall return to the amendment in hand.

With some regret, I say to my noble friend Lord Cormack that I hope he will understand that I am asking him to withdraw the amendment, not because it is not necessary to have time, but because we need to balance out that time—the carrot—with the stick of a deadline. We need to make sure that we are making progress to allow for the necessary secondary steps—an election to take place and so forth—in good time. Otherwise we will reach ever more frequent deadlines and anniversaries relating to the absence of an Executive in Northern Ireland, which the people of Northern Ireland can, unfortunately, little bear.

[Lord Cormack]

My Lords, I always listen carefully to what my noble friend says, but on this occasion I have to say that I believe he is making a mistake. The calendar is such that, as the noble Baroness, Lady O’Loan, pointed out, we are in the holiday season already in Northern Ireland, and we are about to enter a period of recess in this Parliament. We also have the looming Brexit date. Most importantly, elements have been injected into the Bill in the other place—we will be dealing with them later today—which create a much more difficult Bill and a much more difficult situation in Northern Ireland. These are highly sensitive and difficult issues. The very future of devolution as a concept is at stake. I believe that the dates that I suggest in my amendments would create a much more realistic timetable.

I am one of those who believe in the convention—it is certainly not a rule—that one does not normally vote in Committee in this House. In moving amendments I have always honoured that convention, and I will do so again today. However, I cannot promise that I will not return to this issue on Report in 48 hours’ time, when colleagues will have had the chance perhaps to reflect on the totality of today’s debate. I think they will then realise that a part of the United Kingdom that needs handling with acute sensitivity and that does not willingly respond to the deadline philosophy perhaps ought to be given a little more time. For the moment, though, I beg leave to withdraw the amendment.

Amendment 1 withdrawn.

--- Later in debate ---

[Lord Anderson of Ipswich]

What happened in 1948 was a prorogation to give effect to the provision of the Parliament Act 1911 that approval of the Commons was needed in three successive Sessions. The key distinction between that situation and what is proposed now is that it was a course that the House of Commons desired and was prepared to see go through.

[Lord Cormack]

Would the noble Lord also remind the Committee that in 1948 there was, relatively speaking, a handful of Members in this House sitting on the Government Benches, and several hundred on the Conservative Benches as the Opposition?

[Lord Anderson of Ipswich]

I am very grateful to the noble Lord for the point he makes. However, getting hung up on an entirely different precedent from 1948 and suggesting that it might be in some way determinative of the position which we are now asked to contemplate is, I would suggest, too ludicrous to bear.

--- Later in debate ---

[Lord Cormack]

I accept the result of the referendum, as my noble friend knows only too well, but the people did not vote to leave without a deal. The amendment would make sure that if the country leaves without a deal, it leaves without one but with parliamentary approval. That is the substance of the amendment.

[Lord Forsyth of Drumlean]

I turn to the use of the phrase, “leaving without a deal”. Deals have already been made on citizenship, flying planes and access to ports. There is no deal. If my noble friend is saying that we must defend parliamentary democracy by voting for a deal in the form of the withdrawal agreement, which was overwhelmingly rejected, I think that he has got himself into something of a tangle. It is totally inappropriate for this amendment to be added to a fast-track Bill about Northern Ireland. The amendment would pursue some will-o’-the wisp notion that Parliament will somehow need to be prorogued so that we can leave the European Union on 31 October. Parliament has already voted overwhelmingly for us to do that and 31 October is the deadline which has been set by the European Union.

I give way to my noble friend. We have all the usual suspects in this debate.

--- Later in debate ---

[Lord Duncan of Springbank]

The noble Baroness almost got me on that one, but she will not be surprised to know that I, too, will not be drawn on those matters. It is important, as we circle back to where we began—

[Lord Cormack]

Does my noble friend the Minister agree that it is always right that the Government should be accountable to Parliament and not the other way around, and that Parliament should never be the creature of government?

[Lord Duncan of Springbank]

It would be easy to answer that in a simple way, but I suspect that tucked inside the question is a matter for greater constitutional scholars than I. I stand before noble Lords not, I am afraid, as a lawyer but as a humble geologist. I therefore feel ill-equipped to answer a question of that august nature.

In returning to the point before us, I say that this is not the right way to achieve these ends. The other place has spoken on these matters. It has spoken in a voice which we have heard on other issues and should hear today. I would ask that these amendments should not be pressed. I do not believe that they give comfort to the ongoing talks in Northern Ireland, and nor do they progress the important aspects for which those talks have been set up.

--- Later in debate ---

Moved by

[Lord Cormack]

10: Clause 3, page 2, line 38, leave out from “Parliament” to end of line 40 and insert “offering a consultation with the people of Northern Ireland if no Executive has been established by 10 April 2020.”

[Lord Cormack]

My Lords, Amendment 10 and Amendment 18, which immediately follows it in the grouping, stand in my name and that of my noble friend Lord Trimble and, in the case of Amendment 10, that of the noble Baroness, Lady O’Loan.

When we debated the Second Reading of this Bill last week, I made the point that we are now entering extremely sensitive, delicate territory. I quoted the noble and learned Lord, Lord Judge, when I said that in the House of Commons this had,

“become a Christmas tree Bill”.—[Official Report, 10/7/19; col. 1843.]

Two particularly large baubles were hung on it last week when those votes returned significant majorities on the issues of abortion and same-sex marriage. I completely understand why those amendments were passed in another place, but if we are really concerned about devolution and have a real regard for the sensitivities of these issues and the feelings of the people of Northern Ireland, we have to tread exceptionally carefully here. That is why these two amendments stand on the Order Paper this evening.

Nothing should be done in the field of abortion unless there has been extensive consultation with Northern Ireland—if, sadly, no Executive has been recreated and no Assembly is sitting—because these are devolved matters. As we were reminded forcefully and cogently when we debated Second Reading, as recently as in 2016 the then Northern Ireland Assembly made its views on abortion very plain. If we really want to see—and I certainly do—devolution and power-sharing restored in Northern Ireland, it would be rash of the Westminster Parliament at this stage, when my noble friend has assured us that he is confident that the talks are going well and the parties close together, to make a precipitate move on this subject. That is the last thing we want to do.

This amendment provides for consultation in Northern Ireland if no Executive has been established by 10 April next year. I have chosen that date, as I chose it in earlier amendments today, because that is the 22nd anniversary of power-sharing. My noble friend, replying to my earlier amendments, in effect said he wanted to hold their hands to the fire and keep the pressure on. There is no better way of keeping pressure than using that date, the anniversary of the Good Friday agreement and the establishment of a power-sharing Executive that followed some years later.

--- Later in debate ---

[Lord Duncan of Springbank]

I am loath to use the term “ruling” on this one, if I may be frank. I understand the noble Lord to be correct; the Sewel convention allows for not acting under normal circumstances, but by any definition the situation that Northern Ireland finds itself in today is not normal. However, I would not like that to carry with it the weight of greater minds than I. I may have to put a very formal note to your Lordships later to confirm that, just in case I am in any way in error.

On that basis, I ask the noble Lord to withdraw the amendment.

[Lord Cormack]

My Lords, this has been a long and, at times, a difficult debate. When I introduced the amendments, with the support of my noble friend Lord Trimble—who has had to go to another engagement —and, in the case of the abortion amendment, the noble Baroness, Lady O’Loan, I said that this was an extremely sensitive and delicate subject, and the Leader of the Opposition the noble Baroness, Lady Smith, referred to that. I think that every word that has been uttered has at least underlined that I was correct on that.

The only thing I regret is that some people, perhaps because they felt hurt, have reacted in a slightly unfair way. Noble Lords must remember that my noble friend Lord Trimble, who supported both these amendments, is a man who perhaps has done more than any other individual in Northern Ireland to bring about the Good Friday agreement and serve his part of our great United Kingdom and his country with diligence and honour, and he is the last man who would be insensitive in these issues. Indeed, at Second Reading, he referred in a slightly jocular way to his own family experience of a daughter marrying another woman. When I was chairman of the Northern Ireland Affairs Committee in the other place, I had a great deal to do with the noble Baroness, Lady O’ Loan, who was then the Police Ombudsman for Northern Ireland. She is a great public servant, and it was an honour to deal with her. I met nobody at any stage in Northern Ireland who was more fair, more dispassionate or more concerned about the fate of those who had suffered in the Troubles. She was even-handed, almost to a fault. I was sad when I heard what the noble Baroness, Lady Boycott, said. It would be sad to believe that anyone who has spoken in this debate has done so with anything other than a passionate sincerity and belief.

When I introduced the two amendments, I began by saying that I was doing so for one reason only. It is nothing to do with my views on either of these subjects but because I have a very passionate view about Northern Ireland and the need to restore devolution. It was because of that that I tabled these amendments, which have received some support and some opposition. I am grateful to those who supported and I completely understand the deep feelings of those who have opposed them but, I repeat, the only reason I introduced these amendments is that I see devolution slipping away. I made the point at Second Reading that I see that we are moving inexorably towards direct rule, and I deeply regret that. I hope that, when those in Northern Ireland read this debate, they will realise—to quote again a current catchphrase—it is time for them to take back control. We need a Northern Ireland Assembly and Executive. I hope that what has been said collectively in this debate, from all sides of the argument, will convince people in all parties in Northern Ireland that they will be guilty of a dereliction of duty if they do not take back control.

Northern Ireland (Executive Formation) Bill

Lord Cormack Excerpts

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

[Lord Eames]

My Lords, I am honoured to add my name to this amendment from the noble Lord, Lord Hain. I speak from years of experience, working with people who carry in their mind and body the scars of our Troubles. I will be very brief. If this Bill achieves nothing more than opening the door to some relief for these unfortunate fellow citizens, we will have achieved an abundance. The noble Lord, Lord Hain, has referred to one case; I could repeat dozens of them. I simply say to the House and to the Minister that this is a reform that is passionately and greatly needed in Northern Ireland. I urge the House to accept it.

[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.

Northern Ireland (Executive Formation) Bill

Lord Cormack Excerpts

Report stage (Hansard): House of Lords
Wednesday 17th July 2019 Lords Chamber

[Baroness Deech (CB)]

My Lords, they say that Brexit drives people crazy and I think there is something in this. It certainly makes people cerebral. May I put forward a few general points? First, it has been said that Her Majesty might be embarrassed by such a request. Her Majesty has been on the Throne for 70 years or so and faced many a constitutional crisis. I think she would survive.

Secondly, be careful what you wish for. Suppose we pass this amendment requiring Parliament to meet in October. It is not for the benefit of Northern Ireland. I feel rather sorry for the people of Northern Ireland, who are being used as a sort of wedge in a door—not for their benefit. Suppose there is a general election in the meantime. Suppose there is a vote of no confidence in the Commons. Is it seriously considered that requiring Parliament to meet in October would take precedence over these other events, which may very well occur in the next few weeks? If there is a general election before October, what will happen to the will of some that Parliament should meet in the run-up to the possible leaving of the European Union? If there is a vote of no confidence, the same thing might well happen.

It seems to me that the constitution is not clear on what motives have to lie behind the call for a general election, the call for a vote of no confidence or the Prorogation of Parliament. It is a somewhat ambiguous area. The speculation about this has led people to believe that it is better placed in the hands of the judges than of politicians. That may well be. I am not disputing for a moment that the rule of law is upheld by judicial review and allowing judges to decide. However, where an issue is as ambiguous as this, noble Lords should realise what they are doing in putting these decisions in the hands of judges, who might very well be summoned to meet in a great hurry; the issue would then be rushed all the way through the courts. We would be leaving it to judicial wisdom.

A great deal may happen between now and the end of October. It worries me that we should be using parliamentary procedure in this way. It would be an unfortunate precedent. As I said, think about Motions of no confidence; think about a general election and the assumption, so readily made, that the notion of Prorogation would be a terrible breach with everything that has ever happened in the 1,000-year constitution of this country.

Moreover, the action of judicial review, which is already being talked about in this House—somewhat prematurely—will depend on one wealthy individual bringing that action. Suppose there is a vote of no confidence and by some method the Queen is advised that Mr Corbyn should be summoned to form a Government. Unfortunately, I cannot afford the services of my noble friend Lord Pannick, but I am sure there are those among us and in the country who would say that the possibility of a Prime Minister widely regarded as an anti-Semite was a constitutional outrage and must be judicially reviewed.

I beg noble Lords to consider what sort of precedent might be set by using the people of Northern Ireland, speculating on what might happen with judicial review and not allowing the normal course of events to continue. To support this amendment will have repercussions way beyond what we might expect this afternoon.

[Lord Cormack (Con)]

My Lords, the noble Baroness, Lady Deech, reads far too much into this simple amendment, which is unambiguous and makes the point that power should rest not with the Executive but with Parliament. It would require Ministers to report on a Bill’s progress where progress is essential, such as with this Bill. Of course, most importantly, we should not give the Prime Minister of a minority Government, whoever he may be—let us all, particularly those of us on this side of the House, recognise that we are talking about the Prime Minister of a minority Government—the opportunity to suspend our constitutional proprieties.

I should like to make another point. I deplore the fact that the rules of my party have allowed this decision to be protracted over almost five weeks and to be taken by 0.3% of the electorate, a number of whom are 15 years of age; they are entirely eligible to vote, as I established earlier today. Many people do not realise that; I did not realise it myself until two or three days ago. The party in the country has had great power—way beyond what any party should have, particularly when it represents such a tiny percentage of the electorate. I believe that the real constitutional impropriety that the noble Lord, Lord Anderson, seeks to deal with is that of conferring on the Prime Minister of a minority Government—I repeat: a minority Government—the powers to dispense with the services of Parliament and to absolve himself of being answerable to it. As I said on Monday, the Government are answerable to Parliament, which must never be the creature or subject of government. This is a safeguard. We should support it.

[Lord Kerr of Kinlochard (CB)]

My noble friend Lady Deech would have made a marvellous Permanent Secretary. We heard about a dangerous precedent, unripe time and the risk of judicial review. I cannot see that risk; the amendment moved by the noble Lord, Lord Anderson, seems designed to reduce the risk of a situation that might go to judicial review arising.

I support the noble Lord’s amendment. As he said, it is strange and alarming that we should find ourselves in this situation, having to resort to a device to prevent a constitutional outrage—which it would be if Parliament were sent away so that the Prime Minister of the day could follow a course that both Houses of Parliament have consistently and regularly rejected.

To add one more point, I hope that the noble Baroness the Leader—I am sorry she is not in her place—is pursuing with the other place the proposal that we in this House put forward a fortnight ago for a Joint Committee to examine the costs and implications of a no-deal crash-out. In this House, the Leader represents not just the Government but all of us. We put forward the proposal but, to my knowledge, the other place has not yet done us the courtesy of even considering it. I hope that the noble Baroness is advancing our proposal and urging the other place to respond positively to it. I support the amendment.

[Lord True (Con)]

My Lords, I spoke against these amendments in Committee, and will not repeat all my arguments. But there are four strands in why I believe that these amendments are unwise and unwanted. Before proceeding, I say to the noble Lord, Lord Anderson —who, again, introduced his amendment with great courtesy, charm and skill—that, on a point of fact, 16 out of 23 Prime Ministers of this country have first come to office without a general election, as a result of actions within their own party and within Parliament, including, I say for the benefit of the Liberals, David Lloyd George.

The idea, therefore, that the next Prime Minister would somehow be constitutionally dubious—a proposition that has been advanced by the noble Lord, Lord Cormack—is, frankly, absurd.

[Lord Cormack]

I did not suggest that it would be improper. I was merely stating a fact. The next Prime Minister will be a Prime Minister of a minority Government—as the present Prime Minister is.

[Lord True]

The noble Lord also said other things, which the Hansard writers will record, including his saying that somehow a power was being conferred on Mr Johnson to do something that Mr Johnson has never said he would do, which is to advise the monarch to prorogue. That has been an inherent right of the Prime Minister and of the Crown for generations. It is an absurd statement, I am afraid, by my noble friend.

The first reason that these amendments should be resisted is, of course, one that I share but most of your Lordships will not: they are clearly designed to frustrate one route to Brexit on 31 October. That is freely admitted by all concerned. I can see that that is not a clinching argument with many of your Lordships, and, if we have learned anything in this House, it is that there is a dialogue of the deaf in this place between the remainer majority who wish to stop at nothing to prevent Brexit and those of us in the minority who believe that the vote of the public should be respected.

I fear that your Lordships’ House is getting itself into a worse and worse place in resisting Brexit. The very future of your Lordships’ House is now in play. That was made clear, not by me, but in the recent campaign for the European elections. I think these amendments take us to the outer fringe of where an unelected House should go.

The second strand of why I think they should be rejected is this canard of “constitutional outrage”, et cetera. This is an Aunt Sally. Mr Johnson—its target—has never said that he would use Prorogation to secure Brexit on 31 October. This danger, this threat, this crisis, this calamity, this catastrophe, this outrage—it is all got up by the remainers.

--- Later in debate ---

[Lord Alderdice]

I wholly accept what the noble Lord says: he does not intend to push things towards direct rule. However, the implication of him having to raise these matters through amendments here, rather than them being raised by colleagues back in Belfast—despite what all of us wish, which is to move towards devolution—is that we cannot continue with no Government in the medium term. That is what we have. I entirely accept his bona fide commitment to devolution but that is an inevitable consequence.

[Lord Cormack]

My Lords, I do not think that the noble Lord, Lord Alderdice, was here on Monday, for reasons that I am sure we all understand. The message then was exactly what he says: we are moving inexorably towards direct rule.

I want to make one point to the people of Northern Ireland. They are being served incredibly well in your Lordships’ House by the noble Lord, as well as by the noble Lord, Lord Empey, and my noble friend Lord Trimble, a winner of the Nobel Peace Prize. They are active in your Lordships’ House after all the distinguished service they have given, and continue to give, in Northern Ireland. I hope that that will send a reassuring message.

I hope, above all, that their unity on the subject of devolution will spur on our colleagues from the DUP and others to redouble their efforts to get the Assembly meeting and an Executive formed. If we have to wait a little time, as the noble Lord has said, and many of us have said, time and again, can we please have the Assembly meeting, its committees meeting? That, at least, is something. I very much hope that long before any of the dates in this Bill come, we will at least see that happen.

[Lord Mackay of Clashfern (Con)]

My Lords, I strongly support the view that what we need is a devolved Government in Northern Ireland. Paying attention to items that separate us is very detrimental to making progress. On the items that the noble Lord, Lord Empey, has cited, perhaps reliable legislation is not quite so important as the others, but all the others are vital for day-to-day life in Northern Ireland. I sincerely hope that the Northern Irish parties, all elected to the Assembly with the responsibility that they have, can come together on such items to get things done. Otherwise, if we have a progress report on implementation, what is it going to tell us? That nothing has happened. That is absolutely useless.

What we really need is to do our level best to get the Executive into action. I understand that there are some matters that divide the principal parties in Northern Ireland. In fact, there are things that divide people continually, but having a Government who can carry out the essential matters referred to in the amendment of the noble Lord, Lord Empey, is an urgent matter, and the responsibility primarily lies with those who have been elected to the Assembly. I hope that the Government will do the best they can on these items, but surely the main message is that those responsible, elected by the people to serve in the Assembly, should come together and form an Executive to carry these things out.

--- Later in debate ---

[Lord Elton]

My Lords, I will make three brief points. First, if I were a better historian, I would be able to tell your Lordships when the parliamentary procedure that brought the Bill to this House in this state was more or less outlawed. It was called “tacking”: the Government would bring in a Bill and the Opposition would let it pass only if they could stick on other things that had nothing to do with it. That is what has happened here; it should not happen again.

Secondly, what emerges from this is that it is urgent to get the Assembly sitting again. I hope that, behind the scenes—they are certainly not doing it in front of us—the Government are straining every nerve and sinew to persuade Assembly Members to get together and do their job. One obstruction to that is the Good Friday agreement itself; perhaps, timidly but carefully, we should start looking at whether it can be amended without cataclysm.

Thirdly, it is clear that there is a total democratic deficit in what is being proposed. The noble Baroness, Lady O’Loan, her two co-signatories and the 19,000 signatories of her letter all propose that, even if they do not get together, Assembly Members should for once express the views of the Province, to great betterment.

[Lord Cormack]

My Lords, I wish to add brief words of support. It is a disgrace that this steamroller legislation is going through the House. It is quite appalling and it must never happen again. It is not about direct rule. We do not have devolution. What the noble Baroness, Lady O’Loan, and her two co-signatories propose is very simple. Time without number, I have advocated calling the Assembly together. All the Assembly Members could be invited to Stormont and seen individually by the Secretary of State and her fellow Ministers within the space of a single day. That would be something, at least.

Analogies are never exact but the noble Baroness was right to refer to the poll tax. I happened to be the chairman of an art gallery in Edinburgh at the time of the poll tax; I went up there every month for two or three years. I was one of two Conservatives to refuse to vote for it in Scotland; I am always proud of that because it was an appalling way to legislate. This is even worse. I will support the noble Baroness’s amendment for that reason.

[Lord Morrow]

My Lords, I speak in defence of the amendment in the name of the noble Baroness, Lady O’Loan, to which my name is attached. Since the commencement of this debate at around 4 pm today, I have received some 500-plus emails on this issue. I suspect that I am not unique in this respect. I suspect that others are finding the same response, and I think that this demonstrates that people are exercised, and there is real concern about what your Lordships’ House does this evening.

The way in which this Bill has been handled, the way in which scope has been dispensed with and the way in which huge issues have been inserted into a fast-track Bill designed for completely different purposes is deeply distressing to many people in Northern Ireland. When this Bill entered your Lordships’ House we expressed huge concerns about the way in which scope had been dispensed with. This problem has been massively compounded by the events tonight and the passing of the Barker amendment.

We are now looking at a situation where abortion is legal up to 28 weeks, while in GB the limit is 24, for any reason, including disability and gender, so we will have imposed on us a definition of viability that is 50 years out of date, a situation where abortion clinics will be able to set up in Northern Ireland from the end of October, and people in England will be able to travel to Northern Ireland to get abortions that are not available at home.

Does this House really want devolution? Do we want to give it any chance of success, or are we saying, through our decisions here tonight, that we would prefer that devolution did not exist? I suspect that that is the interpretation that many will put on it. It seems that this House wants direct rule. If the answer is no, then the case for Amendments 16 and 16A is simply overwhelming. How, in a context where we have 90 MLAs, can we change a key area of devolved policy over their heads when we have the opportunity to engage them?

Despite the fact that we are now in the school holiday season in Northern Ireland, with many people away, the letter of the noble Baroness, Lady O’Loan, has gathered some 19,000 signatures. That represents a UK population equivalent of more than half a million. That could not be overstated. I know that the noble Baroness, Lady O’Loan, has already made reference to that, but I make no apology for repeating it.

Of all the amendments that we discussed today, many of which are dominated by people who do not come from or represent Northern Ireland, let us be very clear, this amendment has more co-signatories than any other, thousands of them, and almost all come from Northern Ireland. It will be very important to reflect on the message that will be sent today if noble Lords vote against this straightforward amendment.

What will we be saying to the people of Northern Ireland? What would Parliament be saying to you if, by virtue of parliamentary arithmetic, it was able to impose something on your part of the UK, and despite being given the opportunity to give your elected representatives a say, chose not to do so?

I am aware that some say that engaging the Assembly is not relevant because it is not a matter of votes but of human rights. That argument, however, simply does not stand up to scrutiny. Of course, human rights are engaged, but the idea that they trump consideration and sweep away all others is ultimately a recipe for replacing parliaments with courts. The truth is, as the Supreme Court has made very clear, there is no general international human right to abortion, so the debate is not with me on that issue but with the Supreme Court.

Moreover, on CEDAW specifically, the expert legal opinion of Professor Mark Hill QC is very clear that the pontifications of the CEDAW committee are not binding and that the CEDAW convention does not even mention abortion and does not have standing to read it in. Lest anyone should say I do not care about human rights, I care about them passionately. I am not sticking my fingers in my ears and saying that there is not a human rights discussion to be had here. That is not the point I am making. The Supreme Court may issue a declaration of incompatibility on one very narrow aspect of our law as it relates to abortion and babies with very serious disabilities. In 2016, when the Assembly voted not to change the law in any way, it did so pending an inquiry on fatal foetal abnormality, which was published after suspension and recommended legal changes narrowly on this particular point.

The idea, however, that amendments passed tonight are the answer to that problem is absurd. These changes open up abortion for any reason up to 28 weeks. There is no case for that in any binding, proper, international legal instrument. In fact, the Supreme Court has indicated that Northern Ireland’s abortion law is compliant with international human rights obligations in relation to disability generally because there is no human right to abortion on the basis of disability. The idea, therefore, that Northern Ireland has to settle for this approach to abortion because of human rights is plainly wrong.

Some people might like to adopt an approach to human rights that says that this is necessary, but it is not mandatory. In this context, if we are serious about breathing confidence into devolution and respecting Northern Ireland, we must engage MLAs as proposed by these amendments. If the Supreme Court makes a binding declaration or if there are other human rights developments that necessitate a legal change—indeed, if there are any other developments that necessitate a change—the Northern Ireland Assembly is capable of making those changes.

In this context—particularly given the manner in which Northern Ireland has been denied constitutional due process hitherto in terms of the dispensing of scope and the insertion of major issues in a fast-track Bill on the decision to move Northern Ireland from having the most restricted abortion law in the British Isles to having the most liberal, such that it will make the laws of the home jurisdictions of those who press these changes on Northern Ireland look conservative—it is only right that, first, before any repeal of primary legislation is agreed MLAs are consulted, and if a majority agree, repeal can proceed; and, secondly, draft regulations are sent to MLAs and, if they agree, that again can be laid before Parliament.

I urge noble Lords to vote for devolution and to support these amendments.

--- Later in debate ---

[Lord Eames]

My Lords, my name is also on this amendment. I could keep the House sitting for hours to tell your Lordships of people I know who have suffered terrible injuries to mind, body and spirit. I simply want to back up the noble Lord, Lord Hain, and hope that the Minister will give the assurances we have asked for.

[Lord Cormack]

My Lords, as the fourth name on the amendment I pay my tribute not just to the noble Lord, Lord Hain, who has led this campaign with real, dogged determination, but to the noble and right reverend Lord, Lord Eames, and the noble Lord, Lord Bruce. We have worked together with other colleagues and we all are extremely grateful to the Minister, who has met us on a number of occasions. He has listened carefully and, far more importantly, acted.

It is crucial that in every piece of literature distributed, and in every announcement made, those words,

“through no fault of their own”,

are emphasised time and again. So long as that is done, I am confident that we will maintain the unanimity we have so far enjoyed. We have had two long and quite difficult days. There is no one who is happy about the suspension of devolution or about the hurried manner in which we have to deal with this legislation. But there has been one bright, shining light: this amendment and the Minister’s response. We should all be extremely grateful and thank him most warmly.

[Lord Tunnicliffe]

My Lords, for the avoidance of doubt, my noble friend Lord Hain’s amendment has our full support.

Northern Ireland (Executive Formation etc.) Bill

Lord Cormack Excerpts

Ping Pong (Hansard): House of Lords
Monday 22nd July 2019 Lords Chamber

[Lord Cormack (Con)]

My Lords, the British people did not vote for a no-deal exit from the European Union. All I would say to my noble friend Lord Forsyth is that when he talks about sophists, it takes one to recognise one. The truth of the matter—I have tried to be scrupulous in this—is that if the Commons rejects a House of Lords amendment, most of us in this House do not vote again. We accept the will of the elected House. The will of the elected House on this occasion is clear and emphatic. It has given this provision a majority and we should not fly in the face of that.

[Baroness Deech (CB)]

My Lords, I have two simple questions which I hope can be clarified by those who are in favour of remain. First, how on earth can this amendment from the Commons prevent a Dissolution of Parliament if there is a call for an election? There is no way that Parliament could be re-summoned if an election were called in the early autumn and the period of Dissolution covered October. Secondly, the amendment from the Commons misses the point. We could meet and talk right through August, some have said, and right through September and October, but unless something is done to remove the date of 31 October, the default position is that we leave on 31 October. There is nothing that this Parliament can do about it because any attempt to postpone that date rests in the hands of the European Union. We are not sovereign in that respect. Only if the European Union agreed to an extension could that default position of 31 October be removed; therefore, the amendment coming from the Commons is pretty pointless.