Northern Ireland (Extension of Period for Executive Formation) (No. 2) Regulations 2019

Lord Duncan of Springbank Excerpts

Thursday 31st October 2019 Lords Chamber

Moved by

[Lord Duncan of Springbank]

That the Regulations laid before the House on 21 October be approved.

Relevant document: 3rd Report from the Secondary Legislation Scrutiny Committee

[The Parliamentary Under-Secretary of State, Department for Business, Energy and Industrial Strategy and Northern Ireland Office (Lord Duncan of Springbank) (Con)]

My Lords, it is good to be back among noble Lords today. I am conscious that I have had the pleasure of updating your Lordships’ House on Northern Ireland affairs frequently over recent weeks. It should therefore come as no surprise that I seek the House’s approval for this statutory instrument.

The Secretary of State announced on 21 October that he was extending the period for Executive formation to 13 January 2020. That is the only extension permitted under the terms of this Act, and the Secretary of State has no discretion as to the length of that extension. My right honourable friend the Secretary of State took this decision even though he has been making every effort to ensure that there is an Executive that can be sustainably reformed. He was disappointed—I echo and emphasise that—to have to take this step. None the less, it has unfortunately proven necessary. Noble Lords will be aware that, in the absence of Ministers, civil servants have before them a number of responsibilities that would not normally fall to them and we must ensure that they are adequately protected during this period.

As I said on Monday, the reality remains very simple: the parties are close to an accommodation that could see a restoration of the Executive. Only a few issues divide them. But it will take courage and determination for these issues, small though they may be, to be resolved. These regulations ensure that when a new Government return in December, after the election, they can move swiftly to work with the parties and the Irish Government, in full accordance with the three-stranded approach, to break—we hope—the deadlock as swiftly as possible. I know that all of us in this Chamber are very clear that we wish to see a restored Executive for the reasons discussed today and previously occasions. I beg to move.

[Lord Bruce of Bennachie (LD)]

My Lords, I have two things to say to the Minister. It is interesting that he thinks this might be the last step on the way. That may or may not be true. We are on the brink of an election. These issues will be pretty actively debated across Northern Ireland and Sinn Féin, the DUP and the other parties will have to explain why there is no Assembly. The outcome of the election may give an indication of whether the mood in Northern Ireland is shifting to put pressure on those who are not co-operating.

The Minister said that he hopes it will be possible to get the Assembly back and that there are only a few issues. To the extent that we know what they are—they seem to come and go a bit—they are issues for the Assembly to discuss, rather than excuses not to be in the Assembly. There is a certain contrariness about it. From the Minister’s statement, it is clear that the Government are looking towards the possibility of an election breaking the deadlock. The noble Lord, Lord Morrow, said he thought we will be in the same place in a year’s time. I hope he is wrong, and I hope the people of Northern Ireland will prove him wrong. Elections may not fundamentally change the position but they will at least bring it up to date. Last time there was an election in Northern Ireland, it was an election to a functioning Assembly. Now people will have to ask why they have not done it, which may well make a difference. That said, we on these Benches are happy to approve the Motion.

--- Later in debate ---

[Lord Murphy of Torfaen (Lab)]

My Lords, we, of course, support this statutory instrument and, again, we support it reluctantly. This is the fourth occasion this week that Northern Ireland business has been discussed in this Chamber; this and, indeed, the last item to be discussed this afternoon, are all about the fact that there is no Government in Northern Ireland.

Looking at Scotland and Wales, which have their devolved Governments and assemblies, it is difficult to imagine what outcry there would be in the United Kingdom if democracy were suddenly to disappear from Edinburgh and Cardiff as it has from Belfast. We obviously cannot carry on like this, yet there is a chance—a window of about three or four weeks in January—when all this could change. As the noble Lord, Lord Empey, has said, it is not really about this or that issue, but more about a lack of confidence and trust between parties in Northern Ireland, and possibly between parties in government.

I agree that the general election could concentrate minds; the issue could itself become an election issue. Whether we can resolve it is another matter, but it will be discussed. Nothing will happen in relation to talks, because of the election and because of Christmas. I just hope that the parties will get together once the Christmas holiday is over, perhaps in a different way with some fresh thinking. As we have argued persistently from this side of the Chamber—it has been argued elsewhere as well—perhaps this could happen with an independent interlocutor; perhaps with a different sort of process; perhaps with the involvement of Prime Ministers, whoever they might be come the end of the year.

Something different has to happen, because we do not want a Minister to come to that Dispatch Box in January and say, “No, it hasn’t worked again”, which would mean that we would have to extend by another three months until Easter. That just cannot carry on. All of us in this place hope and pray that there will be success in those talks. In the meantime, we support the Government.

[Lord Duncan of Springbank]

My Lords, as I was listening to this short debate, I was reminded of a poem by Longfellow. I hope noble Lords will forgive me if I read a part that seems appropriate:

“Labor with what zeal we will,


Something still remains undone,

Something uncompleted still

Waits the rising of the sun …

Waits, and will not go away;

Waits, and will not be gainsaid;

By the cares of yesterday

Each to-day is heavier made;

Till at length the burden seems

Greater than our strength can bear,

Heavy as the weight of dreams,

Pressing on us everywhere.

And we stand from day to day,

Like the dwarfs of times gone by,

Who, as Northern legends say,

On their shoulders held the sky”.

That is where we are, I am afraid, with dreams gone by. We are literally sitting here considering how to extend through a general election period, which will consume the oxygen in the room. We will then arrive at the other side with precious little time to move forward before 13 January when we will need, once again, to reconvene here and take these matters forward. It is dispiriting, but it is where we are. This legislation is necessary, I think we can all agree. But the reality remains that, during this period, something has to happen.

I note that a number of Lords have spoken about the notion of “minor”. The point is that one person’s minor issue is another’s major issue. If they were all minor issues, I do not doubt that we could have made great progress by now but, sadly, what for one person is massive is for another considerably different. There is a line from a Laurel and Hardy film:

“You can lead a horse to water, but a pencil must be lead”.


We can bring the people to the discussions, but we cannot always bring the outcome we want from it. I wish I was in a better position to give you positive statements on this, but I am not going to pretend any more. This needs to be done. We need to get an Executive re-formed. The alternatives are not worth considering. On that slightly downbeat and negative note, I commend the regulations to the House.

Motion agreed.