Northern Ireland (Executive Formation) Bill

Lord Empey Excerpts

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

[Lord Empey (UUP)]

My Lords, last month I asked an Oral Question which focused on the implementation of the recommendations in Sir Anthony Hart’s report. I join colleagues in conveying my condolences. In that exchange, I quoted the number of victims who had perished since his report was issued and who had not received justice—and now Sir Anthony himself has been added to that list. I see that in the House of Commons reference was made to this and reports required to do something about it. I have to say to the Government that leaving this any longer is entirely unjustifiable, on a humanitarian basis apart from anything else.

As the noble Lord, Lord Morrow, pointed out, this legislation is not what we were expecting. Indeed, at this stage, it is not entirely clear what we will be dealing with in Committee, because the Government have decisions to make. It is normally the case that in this House we do not divide at Second Reading, and I fully accept that, but the piece of legislation we are debating could be very different when we come back to it next week, so we will have to keep an open mind. However, I doubt that there are many people here who are hugely surprised that we are having this debate all over again. Officials at the Northern Ireland Office, the Minister’s department, remind me a bit of the Bourbons; they have learned nothing and forgotten nothing. Some of us have harped on for years about the way they conduct negotiations—or, until recently, do not conduct negotiations.

They started reasonably well last month; they had a structure, they had meetings, including regular leaders’ meetings and an agenda-setting meeting, and they established groups. That was all going quite well. But towards the end of the month, they reverted to the old practice of abandoning those meetings and leaving it up to two parties to do all the business, with the Government ringing around the rest of us to see if we knew what was happening. That is the wrong approach. The noble Lord, Lord Morrow, knows that perfectly well, because he, along with the rest of us, was part of it. You need a structure and you need people to show their political positions in front of everybody else, otherwise you will never get the openness and transparency necessary to deliver a deal. We have been there and done that, yet we make the same mistake again and again.

We now have a most peculiar situation: the law of unintended consequences. If the decision of the other place is implemented into the legislation, Sinn Féin, by accepting a deal over the Northern Ireland Executive, will at the same time eliminate the opportunity for legislation on same-sex marriage. That is the perverse position that we are in, and most people will find that hard to get their head around. Some Members are looking at me sceptically. Rightly or wrongly, Sinn Féin has campaigned with this as one of its red lines—calling it equality, as if Sinn Féin would know anything about equality and human rights. The irony is that if Sinn Féin goes into the Executive before 21 October, and the DUP retains its current position, it will not have it—it will have prevented it. This is the codology we have created as a result of ill thought through processes.

The noble Lord, Lord Morrow, also said that it came as a huge shock to him that a simple administrative Bill had been changed in the other place. I do not know where he has been, but they tried to do that the last time it was there, and it was obvious that it would happen again. We know what people have said in the other place and what their views are. They are entitled to hold them, there is no secret about it and it was inevitable that that would happen.

The strange thing is that I do not accept that the renewable heat incentive scheme—which ostensibly brought down the Executive—was Sinn Féin’s main reason for bringing it down. But I have to point out to the noble Lord, and to others, that it was the utter hopelessness and incompetence of that Administration that led to the position—and, sadly, if the then First Minister had stepped aside, as her predecessor had done, for a few weeks, and handled it much better, we would not be having this debate today. Unfortunately, we are dealing with the here and now, not what we would like.

The talks that have been taking place are not dealing with all the show-stopping issues. Legacy—dealing with the past—is not even on the table. We are not allowed even to mention it. It is not being addressed in these talks. That creates huge issues. The Northern Ireland Executive will have to create and introduce the superstructure of bodies to hound people for the next decade, called the Historical Investigations Unit. But those things are not even being discussed. For some reason they are being sidelined. Neither is what supposedly brought down the Executive: the RHI. That is not mentioned. Some hope that they can get it put together before the report comes out. I do not know. But how we prepare for that is not being discussed. These hugely divisive issues—the issue that brought down the Executive, and legacy issues—are not even on the table.

So I say to the Secretary of State: I do not know how you blinker yourself. The lesson we learned is that it should be open, everything should be on the table, people know where they stand, there is a structure and you go through the issues. If we had our time again, we probably could have done more loose-end tidying up on a whole range of issues that we did not have the time or capacity for. But we are leaving out of this process huge issues that have the potential to bring Bills such as this back to the House again and again.

Whatever one hears, there is a school of thought among some people that perhaps some parties might be happy that Westminster does the dirty work and gets it all out of the way—“We will have a sham fight, and we will do this and we will do that”. I do not know whether that is true or not, but we will soon find out. My point is that we are missing a whole range of things.

I agree with the noble Lord, Lord Morrow. I have no doubt that abortion and same-sex marriage are huge issues that need careful consideration. However, a news report came out today which noble Lords might find disconcerting. I have raised on a number of occasions the issue of health in Northern Ireland. I have issued the statistics about the waiting lists, which are the worst in the country. The report says:

“The shocking extent of Northern Ireland’s waiting list crisis has been laid bare in a report that warns patients are 3,000 times more likely to wait over a year for treatment than their counterparts in England. One in 16 people here is on waiting lists for 12 months or more, compared to one in 48,524 in England. The stark figure, which has been branded a scandal, is detailed in a study published today by the Nuffield Trust, an independent health think tank”.


That is not an organisation that one dismisses. The news report continues:

“Co-authored by Ulster University’s Professor Deirdre Heenan, the report”,


points out the ongoing crisis at Stormont and,

“Professor Heenan said 120,000 people … are currently waiting for more than a year for treatment”.

How bad does it have to get before we do something about it? I have raised this issue before, and I have to say to the Minister that I certainly will table an amendment that deals with how we handle it. This is a matter of life and death, day after day. You cannot have statistics such as that without there being a consequence. Given our small population, these percentages are absolutely outrageous. I have drawn the issue to the attention of the House before, but it seems to have fallen on deaf ears.

The Minister’s department has got itself into a rut for years. It cannot think beyond keeping Sinn Féin and other people happy: “We mustn’t upset the Irish; we mustn’t upset Sinn Féin; we mustn’t upset the DUP”—or whoever it happens to be. Folks, you have to get out of that way of thinking. You will never sort this out if you are at their mercy. Everyone has to be treated equally by the Government, and parties need to be aware that they are not in the position to strangle Parliament and the Government, preventing them moving Northern Ireland forward in a particular direction just because it does not suit them. We have got ourselves into that mentality and it needs changing. I point out these statistics because I feel that they are so important.

There are other reports coming on pensions. The noble Lord, Lord Hain, who is not in his place, has been pushing this issue in the House and I strongly support him. I have some more work to do on this, but there remains an issue. As I understand the proposals, some terrorists could qualify for these pensions under the current arrangements. That depends on the definition. Of course, in criminal injuries legislation, we exclude from compensation people who were responsible for damage, but I am not convinced that that is the case here, so we have some work to do on that. If I am wrong, the Minister can correct me.

The noble Lord, Lord Dubs, who is an experienced former Northern Ireland Minister, mentioned interim measures, as did the noble Lords, Lord Cormack, Lord Trimble, Lord Alderdice, and others. At this stage, I do not think that the Republican movement has any intention of participating in that sort of process. They are wrong, but it also depends on whether there is determination on the part of our own Government to do something about it and to put it to people. Threatening the Government before they do something is one thing, but when you are confronted with something—those matters should be explored. I do not know whether the model that the noble Lord and others put forward is the right one. I want to see the whole show on the road, not bits of it, but we cannot go on as we are. As the noble Lord pointed out, this is one part of our country which has no accountability. By the time the measures in the Bill end, we could be entering our fourth year with no accountability and no democratic oversight. That is unacceptable to this House and a stain on our national position.

Clearly, there is a lot more to see, and we will see what emerges over the next few days and how the Government intend to respond to some of these issues. But if other people are raising social issues, pensions and so on, health and the life-and-death decisions being taken—or not being taken—is an entirely appropriate issue that is just as legitimate to put before this House as any other. It is my intention to do so next week.

--- Later in debate ---

[Lord Empey]

I apologise for interrupting the Minister, but the Public Bill Office told me this afternoon that a Marshalled List will be produced tomorrow. Many of us will leave tomorrow afternoon, so we will have only tomorrow morning to draft amendments, and we will not know how these current arrangements in the clauses will be handled by the Government. There is the opportunity for a separate list of amendments to be produced on Friday, but there is a remarkably short time in which we can do this.

[Lord Duncan of Springbank]

I certainly do not wish to curtail the ability of the Members in this regard, but noble Lords can lodge amendments just now. The Government have to actively engage to try to establish how they can move these matters forward. As I said at the outset, the challenge we face is that the amendments which have arrived with us have certain technical deficiencies.