Northern Ireland (Executive Formation) Bill

Lord Empey Excerpts

Report stage (Hansard): House of Lords
Wednesday 17th July 2019 Lords Chamber

Moved by

[Lord Empey]

5: Clause 3, page 4, line 2, at end insert—
“( ) The Secretary of State must, on or before 21 October 2019, publish a report on progress on the establishment of a Renewable Heat Incentive Hardship Unit in the Department for the Economy (unless an Executive has already been formed).”

[Lord Empey (UUP)]

My Lords, I have tabled Amendments 5, 6, 7, 8 and 9. They may not be in the same order as they were in Committee, but they cover the same areas of substance. I draw the attention of the House to one change. Members may recall that in a discussion on these amendments in Committee, the noble Lord, Lord Hain, who is not in his place, indicated that children’s health had been omitted from this list. It was after a discussion involving him that the Minister was happy to include a reference to the waiting times for children, as well as on other matters.

I have drawn to the attention of this House on a number of occasions the serious delays in the Northern Ireland health service. It has reached a stage where, last week, the Nuffield Trust produced a damning report on the length of time for which people had to wait. Their health, welfare and quality of life have been dramatically affected by this, and I have no doubt whatever that life expectancy, and life itself, have suffered and been extinguished while people have been waiting on these lists. There are enough noble Lords in this place, particularly those from the medical profession, who know the dangers of delay in cancer diagnosis. The breast cancer waiting times for one of the trusts last year were absolutely outrageous. Noble Lords should think of the anxiety and suffering in a family when that situation arises. I hardly need to draw any clearer a picture.

I shall deal with other matters, such as the renewable heat incentive hardship unit; the Minister, the noble Lord, Lord Duncan, gave an undertaking in March that it would be established. While some steps have been taken, they have been faltering and insufficient, and rely purely on a European Union ruling that it is able to offer loans for only six months at commercial rates, which is absolutely pointless and of no value whatever to the people on this scheme who have found themselves, through no fault of their own, in dire financial straits.

I also point out that the purpose of this scheme was to encourage people to move from the use of fossil fuels to the use of renewables. That was the objective, but what do we have today? I was speaking to a boiler operator the week before last and he has gone back to oil. This is happening in other areas, so what has happened? We have taken a sum of public money and put it into a scheme, the objective of which was to provide renewable energy to reduce our carbon footprint. So, what have we done? We have got many of the people who took up that scheme into serious financial trouble and just left them sitting there. We are now back to the stage where fossil fuels are their only option and they are back to using them. The money has been completely wasted and people have been put into dire straits in the meantime.

I know it is difficult for Ministers here to have their will in Northern Ireland departments over which they have no direct control—that point was made in the debate—but this issue will not go away. There are quite a number of noble Lords in this House who will persist with this until we get justice for the people who have, through no fault of their own, found themselves in dire financial straits. I hope that the amendment will focus attention as we go through.

On Amendment 6, the noble Lord, Lord Black of Brentwood, made a very impressive contribution in Committee on Monday, but the Government did not feel able to accept his amendment. However, we know that the law on libel in Northern Ireland is outdated and poses a threat to a number of areas of activity. I firmly believe that it has to be addressed.

Turning to Amendment 7, Northern Ireland has the highest suicide rate in the United Kingdom. A strategy, Protect Life 2, has been prepared and is sitting on a shelf, unable to be implemented because of the present crisis. Many noble Lords here, from Northern Ireland and other places, know what I am referring to. Because of our recent past, we have a higher level of mental health issues plus a lower level of mental health provision. The combination of those things compounds the fact that we have a strategy that is perfectly sound but cannot be implemented. It is just sitting there because no Minister is in place. That is not the fault of the Front Bench in the House today. I understand that, but the facts are the facts. I hope that the parties will yet surprise us and come up with an arrangement—sooner rather than later. But in the event that that does not happen, even on humanitarian grounds we owe it to people to ensure that the strategy at least begins to be implemented, so that the departments can take steps to alleviate a serious problem.

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[Lord Alderdice (LD)]

My Lords, I want to make two points in support of what the noble Lord, Lord Empey, has done. He has been consistent over quite a period of time, particularly in raising issues regarding the health service.

For a long time, I worked as a doctor and psychiatrist in Northern Ireland; I am familiar with the situation there. I was asked to chair a Royal College of Psychiatrists commission for the whole UK on suicide, on which we produced a report. The noble Lord is absolutely right to keep asking this question and pressing the Government on a range of issues, particularly those regarding health- care. We want to see many other issues brought forward—the noble Lord mentioned RHI and libel law, for example —but he is right to point out that suicide and healthcare are matters of life and death and that the longer they are postponed, the more people’s lives will come to an inappropriate end. I welcome what he has done and support him in it. I ask the Government to support what he says.

There is another element that is very much the meat of the Bill. Effectively, the noble Lord points out that we are moving towards direct rule because, simply, there is no other way of getting any business done in Northern Ireland. There is no government there; that is an impossible position and it is simply not acceptable. I heard a lot of talk about what is democratic and what is not, but not having a Government is a very serious matter. There are a number of ways in which the Government can address this. The noble Lord, Lord McCrea, mentioned one that has been floated several times by a number of us: getting the Assembly to meet and debate these kinds of issues. We could have an election to an Assembly, although part of the point of this Bill is to postpone that; I accept that the summertime is not a good time to do that, but this situation cannot continue.

We will either have an election or move into direct rule. The Bill and the amendments to it take us in that direction. It is regrettable but inevitable that we move in that direction if there is no other option; we cannot continue not having a Government. I commend the noble Lord, Lord Empey, and point out the import of what he says about not just specific issues but the issues in this Bill. I plead with the Government to take serious action after the Summer Recess in respect of either an election or some other way of returning government to Northern Ireland.

[Lord Empey]

To clarify, while I understand how the noble Lord has interpreted what I am doing, does he accept that I believe in devolution and want to see those departments there? My purpose has nothing to do with pushing us in the direction of direct rule; I want to push us in the direction of devolution.

[Lord Alderdice]

I wholly accept what the noble Lord says: he does not intend to push things towards direct rule. However, the implication of him having to raise these matters through amendments here, rather than them being raised by colleagues back in Belfast—despite what all of us wish, which is to move towards devolution—is that we cannot continue with no Government in the medium term. That is what we have. I entirely accept his bona fide commitment to devolution but that is an inevitable consequence.

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[Viscount Younger of Leckie]

My Lords, the noble Lord, Lord Empey, has raised important issues and made some very valid points, and I add my name to those who have expressed their gratitude to him for doing so. My noble friend Lord Duncan has been keen to update the House on progress in establishing the RHI hardship unit, and I am very happy to accept the requirement to publish this report by 21 October or earlier. The reports that the noble Lord requests are on libel and suicide strategy.

I note the points made by the noble Earl, Lord Listowel, and the noble and right Reverend Lord, Lord Eames, and I have taken note of the tragic anecdotes that have been told. The issues of NHS waiting times and welfare mitigations were also raised. All are matters of great importance, as my noble friend Lord Duncan set out in Committee earlier this week, and we fully understand the reason for raising them in this place. We are without a sitting Assembly in Northern Ireland to debate these matters and to consider ways forward that serve all of the people of Northern Ireland.

These are all devolved matters. It is this Government’s fervent hope that Northern Ireland’s political leaders can see their way to agreeing to restore the devolved institutions. We have had some passionate speeches to this effect during this short debate. As these are devolved matters, I do not purport to be able to significantly enlighten the House on the substance of the important issues the noble Lord has raised. But in light of the great value of these amendments, I am happy to accept them today and to commit to one-off reports on the issues specified.

In conclusion, I will answer a question that was raised by the noble Lord, Lord Bruce of Bennachie, on what might happen upon the production of the reports. I say on behalf of the Government that it is our sincere hope that the incoming Ministers in Northern Ireland will draw from these reports to make progress on these important issues. They will be published and will therefore be public documents.

[Lord Empey]

My Lords, I am extremely grateful to all noble Lords who have participated in this debate, and for the consensus that has emerged. Like many noble Lords, particularly the noble and learned Lord, Lord Mackay of Clashfern, I would be much happier if we were not sitting here debating these matters. Clearly, we have a unique situation: yes, Stormont has been suspended before, but it was replaced by direct rule. This is the first occasion when Stormont has been suspended and has not been replaced by direct rule. Therefore, we have a most unique situation—a Civil Service that is working but which is not accountable to anybody. To use the vernacular, it is bonkers, and the question is how long we can put up with it. However, let us focus on the issues, which are worth looking at on their own merits. Perhaps, as the noble Lord, Lord Bruce of Bennachie, said, they could provide at least a basis upon which policies could be implemented when a suitable Government are established. In that spirit, I commend the amendments on the Marshalled List to your Lordships.

Amendment 5 agreed.

Moved by

[Lord Empey]

6: Clause 3, page 4, line 2, at end insert—
“( ) The Secretary of State must, on or before 21 October 2019, publish a report on progress on libel legislation in Northern Ireland and any plans to align Northern Irish legislation with libel legislation in the rest of the United Kingdom (unless an Executive has already been formed).”

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[Lord Empey]

It might be helpful to the Minister to be aware that, in the Assembly of 2007 to 2011, the then Health Minister redid the guidance to give clarity to the profession. It proved not satisfactory to the profession at that time and work commenced on doing it again, but the mandate ran out before it was done. Perhaps it might be helpful if the Minister asked the officials to look that up because there is uncertainty and that is very disturbing. The guidance was the problem in the past. It is not that the Assembly never looked at the abortion issue because it did, but it did not succeed in getting agreement that was acceptable to the professions.

[Lord Alderdice]

As someone who had to work with the guidance before the legislation came through— and this is for reassurance to colleagues—I know that the problem was that the medical profession had to work without guidance for a long time. What happened was that the guidance was introduced partly to satisfy—

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[Lord McCrea of Magherafelt and Cookstown]

My Lords, I once again listened with care to the noble Lord, Lord Hain, as he introduced this amendment. On reading it, I was rather alarmed that the words,

“through no fault of their own”,

which were evident in our previous debate and which he has repeated, were missing. I would certainly not accept that anyone who was injured through fault of their own—in other words, terrorists—should be allowed to receive a pension. That would be not only an insult but an absolute shame. I know that it would certainly be deeply hurtful to those across the community who have been terrorised and injured through terrorist activity.

I will therefore listen carefully to what the Minister says in response to this, because that was the proviso which meant so much to me when I listened to the noble Lord, Lord Hain, on the previous occasion. He pointed out that the pension was a recognition of the great harm done to men and women through no fault of their own. We need to keep that right in front of us, so that there is no misunderstanding as regards any judgment that may follow or any judicial review that is done, with people saying, “What did the House mean by this determination?”.

As far as the other place is concerned, I think the noble Lord is long enough in public life to know that my deputy leader and colleagues in another place will carefully scrutinise the Minister’s words and then, no doubt, vote accordingly.

[Lord Empey]

My Lords, I add my congratulations to the noble Lord, Lord Hain, on his persistence. I come back to the point that a number of victims appeared in the local press in Northern Ireland today and one theme went right across. Yes, they would welcome recognition through a pension—we often forget that a lot of these people have been unable to earn a proper living and provide for their retirement because of their disabilities, physical and mental—however, they would all be horrified if the people down the road who caused those injuries were to get a benefit out of this process.

I am not a lawyer but I understand that one of the critical things when people take the Government to court over a piece of legislation is what the intention of Parliament was when the debate was being held. The Minister can clarify that, of course, because his statements will be part of the evidence in any case. I also ask him to give some thought to the use of terminology in the criminal injuries compensation legislation in this part of the United Kingdom. I believe that the word “blameless” appears in that legislation, so it is the eligibility, together with the fact that mental health is to be taken into account, as well as physical injuries. That is much more difficult, because the service availability to provide that kind of backup and assessment is in short supply, as we heard repeatedly earlier today. We do not want people with genuinely severe mental health problems to feel that they are second-class citizens in all this, so that has to be taken into account. The key thing is to ensure that it is blameless; that people cannot then find some loophole to climb in and get money, which would be rewarding them for their evil deeds.

[Lord Duncan of Springbank]

My Lords, I am very happy to speak on this and I will get right to the point. I am very happy to confirm for the record that the intent and purpose of,

“through no fault of their own”,

is the principal criterion by which we will ensure that victims secure their pension. We will also ensure that all eligibility criteria procedures abide by the “no fault of their own” principle. I hope that these words will stand alongside any interpretation of the Bill as it passes from our House to the other place. I recognise the “blameless” comment as well: we need to recognise that concept that the noble Lord, Lord Empey, put into the discussion. This is to ensure that those who have suffered through no fault of their own, not by their own hand, and who are survivors of a difficult and troubled time, are able to secure a pension now. That pension will be backdated to December 2014, so I hope that for some there will be a serious lump sum. I hope that that money can do some good.

I thank the noble Lord, Lord Hain, for bringing this before us, for pushing it and for keeping us on track all the way through. I think noble Lords who have been part of those discussions will agree that it is through his leadership that we are where we are today. I would not normally do this, but it is also important that I praise one of my officials, Chris Atkinson. He has been instrumental in helping move this matter forward: without him, we would not be where we are today, and I put on record, from all of us who have been involved, how critical he was to securing success. On that basis, I am very happy to accept the amendment.

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[Baroness Goldie (Con)]

It appears that we are still on Amendment 20, which needs to be debated before we consider Amendment 20A.

[Lord Empey]

My Lords, I follow the contribution from the noble Lord, Lord Dubs, who has frequently drawn attention to similar issues. I have no doubt that, as part of the United Kingdom, if it is a decision of the country to try to help people, it is reasonable that that is spread out as evenly as possible. However, I would draw the attention of the House to the fact that the structures of local government, in particular, in Northern Ireland are radically different. Local authorities have no locus in this at all. There are health and social services boards, a housing executive and housing associations, but their funding would have to come from Stormont. That is the conundrum we are confronted with. It is not that there is any lack of hospitality or willingness to play a part in a UK-wide problem. The structures are radically different, and all the social services and housing issues are funded through Stormont and not through local government. Members have to be aware that that is why there is an issue here.

On housing, as I said earlier with regard to welfare mitigation, part of the problem is that we do not have the appropriate housing units in many cases, so we rely heavily on voluntary organisations, Church organisations and others. However, there has to be funding stream for them to deliver their services and offer help. Members must understand that that is why we have a difficulty. It is not as if we can go to Sheffield or Coventry City Councils, which can provide services; I hope that Members understand that. We have Syrians and other such people coming to our shores from distressing situations. People are happy to rally round them, but getting funding flowing has to happen via Stormont. That is the obstacle in our way. Perhaps the Minister can address that in his response.

[Viscount Younger of Leckie]

My Lords, the noble Lord, Lord Dubs, has been a consistent champion for child refugees in promoting their interests. I am very grateful to him for his continued commitment to such an important issue, which I know he has discussed with my noble friend Lord Duncan as recently as May. He deserves a reply. It will have to be fairly brief, which I am sure the House will be relieved to hear, but I hope that it is not too brief.

As the noble Lord will know, the UK has contributed significantly to hosting, supporting and protecting the most vulnerable children, including those affected by the migration crisis in Europe. Since the beginning of 2015, the UK has received asylum applications from 12,756 unaccompanied children. In 2018, we received 2,872 such applications—15% of all such claims in the EU. We are the third largest intake country of all the EU member states. I must pay tribute to the vital work of local authorities in looking after these children and providing them with the day-to-day care that is so crucial in enabling them to rebuild their lives.

The Government remain committed to relocating the remaining children up to the specified number of 480 under Section 67 of the Immigration Act 2016. The Home Office continues to work closely with local authorities and strategic migration partnerships across the country. We remain very keen to receive offers of further placements.

As with other amendments, this amendment cuts across devolved matters. The relocation of children is also dependent on the availability of appropriate local authority care placements. I took note of the speech and comments of the noble Lord, Lord Empey, on housing. In Northern Ireland the delivery of most of the required services, such as health, social care and education, is devolved.

The intention behind the proposed new clause is to provide for the allocation to Northern Ireland of children brought to the UK under Section 67. Of course, it is right that the ability to do so should exist; however, such a clause is not required. The regulations that it requires would duplicate existing ones in the Children (Northern Ireland) Order 1995 and the Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018; they are therefore unnecessary. Whether Northern Ireland health and social care trusts accept children under Section 67 of the 2016 Act is very much a matter for Northern Ireland.

In conclusion, this is an important issue and, given that we are talking about children here, it is important that we, working with Northern Ireland, get this right. I would be happy to continue to discuss and explore our approach to unaccompanied asylum-seeking children with the noble Lord, Lord Dubs. For those reasons, I urge him to withdraw his amendment.