European Union (Notification of Withdrawal) Bill

Lord Dunlop Excerpts

Report stage (Hansard - continued): House of Lords
Tuesday 7th March 2017 Lords Chamber

[Lord McAvoy (Lab)]

My Lords, I thank my noble friends Lord Hain and Lord Murphy of Torfaen for tabling the amendment, which gives us a chance further to emphasise the importance we place on the issue it deals with. It has been for the most part an extremely positive debate. Contributions from my noble friends Lord Murphy of Torfaen, Lord Reid of Cardowan and Lord Hain, as former Secretaries of State for Northern Ireland, have weighed heavily on the discussion, as well as the contributions of the noble and right reverend Lord, Lord Eames, the most reverend Primate the Archbishop of York, the noble Baroness, Lady O’Neill of Bengarve, and the noble Lord, Lord Empey, who brought a commendable spirit of tolerance into what can be on occasions a tight subject.

It has been almost 20 years since the people of Northern Ireland turned out to vote for the Good Friday/Belfast agreement. Last week, Northern Irish voters turned out in the highest numbers since 1998 to vote for representation and progress in the devolved Assembly. The negotiations in the coming days and weeks are vital to the future of Northern Ireland to ensure that victims are supported and communities are able to move forward. There is so much at stake here.

The UK and Irish Governments are co-guarantors of the Good Friday/Belfast agreement and must live up to this responsibility. This is vital, not only to immediate negotiations on devolution but, focusing on the amendment, to long-term Brexit negotiations. On the issue of British-Irish relations and the role of the European Union, it is worth noting that the Prime Minister and Taoiseach are meeting to discuss Northern Ireland while they are together at the EU Council summit in Brussels this week. That can only be a positive development.

There is a body of opinion that, when he decided to call the European Union referendum, the former Prime Minister, Mr Cameron, had not given proper thought to the implications for Northern Ireland if UK voters opted to leave. I pay tribute to all noble Lords who have worked so keenly during the passage of the Bill to focus the Government’s mind on these key issues, particularly my noble friend Lord Murphy of Torfaen, who has brought considerable expertise to these discussions. The Good Friday agreement has been the cornerstone of two decades of progress in Northern Ireland. This House has asked for an absolute guarantee from the Government that the provisions of the agreement will remain in place and be respected in both letter and spirit. These questions were also raised last week when other matters were discussed. We had no hesitation in fully accepting the Minister’s assurances when he responded to the debate. He went a long way toward guaranteeing the House’s acceptance that those assurances would hold. I have every confidence that he will again give assurances on the responsibilities of the UK Government that will satisfy most genuine, open-minded people.

The passport arrangements recognise,

“the birthright of all the people of Northern Ireland to identify themselves and be accepted as Irish or British, or both”.

Like the noble Lord, Lord Empey, I have not heard any great objection to this. As he said, how can anyone object to someone else’s identity? Surely we accept that. We know that the Government accept this situation and it should not be affected by any future change in the status of Northern Ireland. We in this House have a shared duty to guarantee the future of the Good Friday/Belfast agreement and the rights of Northern Irish citizens. As noble Lords on all sides have said, we must respect the will of the people and, in doing so, we must continue to respect, protect and uphold the result of the referendum which took place in May 1998.

I thank noble Lords for a very positive discussion and restate my belief that the Minister will repeat his assurances of last week, which greatly reassured the whole House.

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

I thank all noble Lords who have taken part in the debate on this amendment, relating to the right of the people of Northern Ireland to identify themselves as British or Irish or both, under the Belfast agreement. It is always a pleasure to follow two former Secretaries of State who have so much experience of this issue. I also mention the eloquent contributions from, among others, the noble and right reverend Lord, Lord Eames, and the most reverend Primate the Archbishop of York.

The noble Lord, Lord Hain, referred to the current political context. The whole House is very conscious of the political situation in Northern Ireland and the need to provide support to the parties there. The recent Assembly election produced a high turnout, and my right honourable friend the Northern Ireland Secretary said in a statement on Saturday:

“This election has demonstrated the clear desire by the overwhelming majority of people in Northern Ireland for inclusive, devolved Government … Everyone now has a shared responsibility to engage intensively in the short period of time that is available to us, to ensure that a strong and stable administration is established”.


I make it absolutely clear that the Government take that responsibility very seriously and are totally committed to the resumption of strong and stable devolved government, which is so much in the interests of the people of Northern Ireland. We all want to see the forward momentum of the peace process maintained.

The amendment in the name of the noble Lord, Lord Hain, seeks an undertaking to support the right of the people of Northern Ireland to claim Irish citizenship, as set out in the Belfast agreement. The Government’s commitment to the Belfast agreement is absolutely rock-solid, including to the principles that recognise the birthright of all the people of Northern Ireland to identify themselves and be accepted as Irish or British, or both, as they so choose, and their right to hold both British and Irish citizenship. As the noble Baroness, Lady O’Neill, and the noble Lord, Lord Empey, made clear, this birthright predates the Belfast agreement. The United Kingdom’s departure from the EU will not change this commitment. However, the question of who can or cannot claim Irish nationality and citizenship is not something that would be dealt with through the Article 50 process.

Citizenship and nationality are matters of exclusive member state competence. The right to Irish nationality and citizenship is therefore a matter for Ireland, in line with its own commitments under the Belfast agreement. The Taoiseach has repeatedly made clear that the Irish Government remain committed to this agreement. In response to the point made by the noble Lord, Lord Hain, and the noble Baroness, Lady Suttie, EU citizenship is enjoyed by the citizens of all EU members. Therefore, any Northern Ireland resident who takes Irish citizenship will have EU citizenship. This is a matter of EU law, so no guarantees are required from the UK. It does not require special status. There are, after all, 3 million EU citizens currently in the UK. The noble Lord, Lord Reid, and the noble and right reverend Lord, Lord Eames, raised the issue of the border. The Government are committed to a frictionless border. How that is achieved is a matter for negotiation.

In conclusion, although the Government agree with the core sentiment behind this amendment—namely, unwavering support for the Belfast agreement—there is no need for its inclusion in the Bill in order to achieve the effect the noble Lords are seeking. Therefore, I respectfully ask the noble Lord not to press his amendment, as he indicated he would not.

[Lord Hain]

My Lords, I am grateful to the Minister and will respond briefly to him in a moment. However, the happy consensus which we have enjoyed this evening will be destroyed over the weekend when Wales play Ireland—at least in the case of my noble friend Lord Murphy and me.

My noble and right reverend friend Lord Eames spoke, as always, with moving eloquence. I am grateful for his generosity to me and to my noble friends Lord Reid and Lord Murphy. He said, very aptly, that Northern Ireland was affected by Brexit more than any other part of the UK. Scotland may be making the most noise but he is right that Northern Ireland, potentially, will be more seriously affected.

The noble Viscount, Lord Slim, referred to my mention of soldiers being prosecuted. To ensure that he understands my point of view, which is shared by my noble friends Lord Reid and Lord Murphy, we did indeed try to draw a line under the past. I introduced the Northern Ireland Offences Bill, which fell because its principle was that it applied to everybody. You had to treat people equally, whether they were a British soldier or a former paramilitary: that principle is vital. I can well understand why the families of soldiers who are now in their 70s and are being prosecuted for offences that they are said to have committed have a grievance that this may be one-sided.

You have to do these things even-handedly—and I return to what my noble and right reverend friend Lord Eames said. I do not wish to detain the House because it is not strictly appropriate to this amendment, but it is part of the context. You have to deal with this whole question in an entirely different way from pursuing continuous prosecutions going back 30, 40 and more years. Forensic evidence in those cases is either non-existent or, if there is forensic and other evidence, it is often more easily captured under former serving soldiers, where records were kept, than it is under former paramilitaries. So long as the parties turn their backs on an even-handed approach and so long as government is unable to pursue that matter, we will continue to have these grievances and they will multiply.

My noble and right reverend friend Lord Eames was the co-author, with Denis Bradley, of a very authoritative and excellent report on the past. There was one particular recommendation on compensation which perhaps was not ideal and attracted a lot of controversy. However, the rest of the report showed how it was possible to address this issue. The people of Northern Ireland and their politicians should return to it.