Northern Ireland (Extension of Period for Executive Formation) Regulations 2019

Lord Cormack Excerpts

Wednesday 10th April 2019 Lords Chamber

[The Parliamentary Under-Secretary of State, Northern Ireland Office and Scotland Office (Lord Duncan of Springbank) (Con)]

My Lords, as I have said many times, restoring the Northern Ireland Executive remains the Government’s key priority in Northern Ireland. My right honourable friend the Secretary of State has spoken to the Northern Ireland parties and the Irish Government on a number of occasions over recent weeks.

In those discussions, all five parties have been consistent in their commitment to restore power-sharing as set out in the Belfast agreement. The five main parties will undertake a further series of talks with the aim of restoring devolution at the earliest opportunity. The Irish Government also support this approach. These talks will involve the UK Government, the five main parties and the Irish Government, in accordance with the established three-stranded approach.

The Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 extended the period for Executive formation to 26 March. The Act gave the Secretary of State the option to extend that period once for a period of up to five months. On 21 March she laid before Parliament the statutory instrument that extended that period to 25 August, subject to the approval of both Houses of Parliament.

That step was taken reluctantly. However, as 26 March approached without agreement to form an Executive, only three options were available to the Government: calling an Assembly election, undertaking direct rule, or extending the period for Executive formation. The Government believe that an extension is the best route toward restoring an Executive.

During this period, the Secretary of State will continue to work with the five parties and the Irish Government to create the right conditions and the best possible framework for successful talks. As a first step, the Secretary of State intends to invite the MLAs of all parties to two sets of briefings, one on issues related to the programme for government and the other on the petition of concern.

Before I conclude, I want to explain why the Government chose to use the made affirmative procedure in this instance. Our preference would have been to bring forward this instrument in the usual way, using the draft affirmative procedure, but that procedure carries with it a longer lead time. We would have had to lay the instrument weeks earlier than we did. The Government took the view that laying the instrument at that earlier stage would have been prejudicial and disruptive to the private work the Secretary of State was undertaking with the parties during February and March. Of course, the instrument cannot remain in force without this House’s approval, which is why we are discussing this today. That is the reason I beg to move.

[Lord Cormack (Con)]

My Lords, extensions are clearly the flavour of the day. We at least know the exact date for this one. However, I regret this infinitely. I am extremely grateful to my noble friend for what he has said on the Floor of your Lordships’ House and in private conversation. I do not for a minute doubt his total commitment. However, it really is not good enough that we have to keep revisiting this matter.

The history of our country over the last year would probably have been different had we had a Northern Ireland Assembly functioning where people would have been able to express the view of the largeish majority recorded in June 2016. We touched on this before. As it is, we have heard only one view and one voice in parliamentary assembly. The only parliamentary Assemblies we have been able to hear are your Lordships’ House and the other place.

Several times, a number of us, including my noble friend Lord Trimble and the noble Lord, Lord Alderdice —neither of whom is here at the moment—have strongly endorsed the plea that I have made many times to my noble friend. Can we at least make some real progress by having the Assembly meet? Of course, it is a second best to having the Executive as well. We all recognise and acknowledge that. The sooner we can have an Executive, the better. Until we do, why can we not have an Assembly—the Members of which are paid; I am not complaining about that—meeting in Stormont and able to discuss the issues of the day, even if they will not have the legal authority they would have if we had fully restored devolved government? We touched on one issue only a week ago when we were talking about flags. The noble Lord, Lord Bruce, moved an amendment to the Motion, which I was happy to support. I yet again ask my noble friend to please do his utmost to persuade the Secretary of State that this really would give out a signal that would be warmly welcomed throughout the United Kingdom and, I believe, Northern Ireland. It is not impossible; it should be done.

I very much hope that my noble friend will also be able to say something about progress towards appointing some highly respected neutral individual—I hate the word “facilitator”—who would be able to try to move things on towards the restoration of the Executive. I make no criticism of anybody’s integrity, but the perception, because of the official link-up between the Government and the DUP, is that the Government are somehow involved in partiality. I do not believe it—I certainly would not believe it of my noble friend in a thousand years—but it is a perception, and perceptions are important. Therefore, to have someone who would command the respect of all potential participants could be only helpful. When he comes to reply to this brief debate, I ask my noble friend to be kind enough to touch on both those points.

[Lord Dubs (Lab)]

My Lords, I have a lot of sympathy with the points made by the noble Lord, Lord Cormack. It is sad to have to yet again ask the Minister why the Government cannot do what is so obvious: to appoint an independent person—call it what you will—such as Senator George Mitchell, who will bring the parties together. I have talked to Sinn Féin and to the DUP—they all blame the other side. That is understandable in the present situation, but surely we need a new initiative. I understand what the Minister said about calling people together in Belfast, but surely we can appoint a person. I understood that there was sympathy for that proposition from the Government and the Irish Government. Why can we not just do it?

The present situation is absolutely intolerable. We are relying on civil servants to make the decisions. They, having been challenged once in the courts, will understandably be cautious about not breaking new policy ground. It is a natural reaction and I do not criticise them for that, but we are in a really difficult situation. I cannot think of any situation in the last 100 years or maybe longer—I am sure that there are historians here who can give me a better perspective on this—where there has been no democratic recourse at all for a part of the United Kingdom. The people in Northern Ireland have nobody to go to when they want to challenge government decisions. It is intolerable that there is no way forward at all. In the past there has always been some form of Administration, whether direct rule or a devolved Assembly. It is a unique situation that, for two years, there has been no democratic accountability at all. There is a total democratic deficit, and that has to be dealt with, because it is critical.

The suggestion from the noble Lord, Lord Cormack, of getting at least the Assembly Members together might do it, although I doubt whether they or even the committees would have the authority to make decisions. Maybe they would; it is at least worth exploring.

The Minister will be aware that this question is coming: could I press the Government on an area where no decisions are being made? I had a letter from the Immigration Minister to say that it was impossible for Northern Ireland to accept unaccompanied child refugees in the absence of an Administration at Stormont. I have talked to people involved in local authority and health board decisions in Derry and Belfast. They all say that there would be a willingness in Northern Ireland to take unaccompanied child refugees. I cannot understand why that cannot happen. I am told that the only way is a judicial review. That is a cumbersome, costly and miserable expedient. Surely the Minister could suggest something better. We have the Home Office desperate for unaccompanied child refugees to be given foster accommodation in the United Kingdom and Northern Ireland people are willing to do it, yet between the two of them nothing is happening. Please can we get on with this?

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[Lord Bruce of Bennachie (LD)]

My Lords, the Minister may feel that there is an element of Groundhog Day about this debate—but that was a comedy and this situation is becoming increasingly tragic. I echo all the speeches expressing concern about the lack of progress. We need, through the Minister, to press the Secretary of State for some more positive signs of action and creative, imaginative thinking. Neither the Government nor this Parliament have any real credibility as honest brokers in this situation. The Government, as has been said, are perceived, frankly, to be under the thumb of the DUP. Everybody knows that when one deals with the DUP, they do nothing without exacting a price, whether it is visible or invisible. As the noble Lord, Lord Cormack, said, whether or not anything is happening, the perception is that it is—and indeed, looking at the practice, it would not be surprising for people to have that perception.

As has also been said, this Parliament has little credibility, because the majority of the parties in Northern Ireland are not represented here. This also makes the possibility of direct rule almost unthinkable. How can Ministers accountable only to this Parliament be at all credible as brokers of direct rule on behalf of the people of Northern Ireland when the people of Northern Ireland have very little representative voice?

[Lord Cormack (Con)]

Does the noble Lord agree that it is a great pity that, with the disappearance of the SDLP in the other place, there is no voice of moderate nationalism in either House?

[Lord Bruce of Bennachie]

Indeed—we lost the SDLP and the Alliance in the House of Commons, and that absolutely adds to the problem. We have to recognise that, as does the Secretary of State. Frankly, she alone does not have the capacity to call the parties together and get a result without looking more widely. It has been said in previous debates that there is no momentum or willingness to bring the Northern Ireland Assembly back together until Brexit has been resolved and there has perhaps been an election in the Irish Republic. Well, that is looking an increasingly distant prospect, and those who take that view have to explain how they can possibly justify waiting for such an indeterminate, indefinite time before they are prepared to engage in this process. Pressure needs to be brought to bear by those who have the ability to pressurise each of the parties and to whom those parties are most likely to respond—and I have to say that the British Government and Parliament do not feature in that particular calculation. So I suggest that we should not be expected to wait for Brexit or the Irish elections to be resolved.

My question is very consistent with the other points that have been made. Is it not time for the Government to recognise that we need to bring the guarantors of the Good Friday agreement—all of them—back together? We need to bring together those agencies that made it possible to get a peace agreement in difficult circumstances 20 or so years ago. Of course, that means the UK and Irish Governments and all the political parties. I have to say the European Union as well, because it has been part of that process, and the United States. All of them need to be brought together, and that is why we need some kind of independent chair for those discussions who will command credibility on all sides. Why on earth is that not happening?

This has been delayed because the Secretary of State has been having conversations. I am sorry, but the Secretary of State’s conversations will lead nowhere, because she does not have the authority to make sure that they do. The question, therefore, is: will the Government consider practical steps, along the lines that have been suggested, to bring Assembly Members together, either in a full Assembly or in committees—preferably both—so that they actually engage with each other on practical, day-to-day issues?

I read in the Explanatory Memorandum the assertion made by the Secretary of State—perhaps on this point I should accept the assertion—that the provisions of these regulations are compatible with the Convention on Human Rights. It is beginning to become questionable whether the human rights of the people of Northern Ireland are actually being put at risk by this long delay. The Explanatory Memorandum says:

“There is no, or no significant, impact on business, charities or voluntary bodies … An Impact Assessment has not been prepared for this instrument because there is no, or no significant, impact”.


Well, I beg to differ. I think that there is a very significant impact on all those bodies in Northern Ireland from the continuation of this complete stalemate, and the total lack of effective government.

Every day that goes by, the people of Northern Ireland suffer more and more from the lack of decision-making, and the situation becomes more fraught and more dangerous. We have seen, only in the last 24 hours, that a mortar was found on a roadside in County Down. As far as one can tell, it was left by the roadside to be collected by another party with a view to perpetrating a terrorist attack. All the main parties, of course, have denounced that, but that is the problem: the main parties are not engaged, the Assembly is not functioning and other bodies may feel they have some kind of dispensation to take control. The situation is extremely dangerous and I plead with the Minister to recognise that this Government and this Parliament cannot solve the problem. We need to turn to all the international bodies that were instrumental in bringing peace to Northern Ireland in the first place to try to ensure that we break the deadlock. We cannot wait for Brexit or for an Irish election; we have until August or we are in deep, deep trouble—and I really think that the Minister has to accept that.

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I am afraid that I can give noble Lords no more to lift their spirits in this regard, but I hope that the five months secured today can be used to deliver the very thing that we want and that the people of Northern Ireland are crying out for: the return of sustainable, decent government to deliver on the issues that are piling up in Northern Ireland and that need to be resolved.

[Lord Cormack]

My noble friend always impresses. He has the regard of all Members of your Lordships’ House. However, we must move things forward. Will he undertake to make a statement to the House after we return from the all-too-brief and already-truncated Easter Recess so that we know exactly what is happening?

[Lord Duncan of Springbank]

I am always content to return to this House and explain what is going on at any particular point. I would hope to do so on the basis of news to report. If my noble friend will allow it on that basis, we can keep this House updated on what is unfolding. I do not wish to place pressure on the parties by so doing, of course, but it is right and appropriate that this Chamber understands how events are unfolding—particularly when we have only five months. When these regulations were introduced in the first instance, we had five months in the bank that we could potentially draw upon. Now we do not. This is the five-month period and the sand is trickling through the hourglass. It is appropriate that we keep this House updated so that noble Lords understand what is happening. I will do my utmost to ensure that your Lordships are kept fully abreast of these issues when there is news to report.