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.