Lord Empey debates involving the Northern Ireland Office during the 2017-2019 Parliament

Thu 31st Oct 2019
Northern Ireland Budget Bill
Lords Chamber

2nd reading (Hansard): House of Lords & 3rd reading (Hansard): House of Lords & Committee: 1st sitting (Hansard): House of Lords & Report stage (Hansard): House of Lords & 2nd reading (Hansard): House of Lords & 3rd reading (Hansard): House of Lords & Committee: 1st sitting (Hansard): House of Lords & Report stage (Hansard): House of Lords
Thu 31st Oct 2019
Historical Institutional Abuse (Northern Ireland) Bill [HL]
Lords Chamber

3rd reading (Hansard): House of Lords & Committee: 1st sitting (Hansard): House of Lords & Report stage (Hansard): House of Lords & 3rd reading (Hansard): House of Lords & Committee: 1st sitting (Hansard): House of Lords & Report stage (Hansard): House of Lords
Mon 28th Oct 2019
Historical Institutional Abuse (Northern Ireland) Bill [HL]
Lords Chamber

2nd reading (Hansard): House of Lords & 2nd reading (Hansard): House of Lords

Northern Ireland Budget Bill

Lord Empey Excerpts
2nd reading (Hansard): House of Lords & 3rd reading (Hansard): House of Lords & Committee: 1st sitting (Hansard): House of Lords & Report stage (Hansard): House of Lords
Thursday 31st October 2019

(4 years, 6 months ago)

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Lord Empey Portrait Lord Empey (UUP)
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My Lords, there is no question that this process is any substitute for proper scrutiny. In normal circumstances, this budget would have gone to departmental committees of Stormont, it would have been scrutinised, and Assembly Members would have made decisions based on their priorities and what they felt was in the best interests of their constituents. But, as the noble Lord, Lord Bruce, has just said, there is no alternative to dealing with it in this way today. However, a number of things need to be highlighted.

First, on the intervention of the noble Lord, Lord Hain, both today and yesterday, I can say to him that, after the proceedings here I took myself down to the other place. It was clear, during a Statement made by the Leader of the other place to the Commons, that Members were getting information from the Front Bench that was out of date; it had been superseded by the proceedings in here that had not been transmitted to the Members there. There was overwhelming support in the other place for dealing with the Bill. I got the impression that the Leader of the House had listened to Members there and that perhaps something could be done. If it is not done, it will be the greatest kick in the teeth that this Parliament could possibly deliver to a group of victims. I sincerely hope that we will be able to dispatch the Bill later today and get it down to the other place for its deliberations.

My noble friend Lord Lexden raised a number of issues in his contribution. It goes back to the debate earlier this year when we were looking at the question of the RHI and the scheme that was to be in place. The Minister will be aware that I moved amendments, which I withdrew only on the basis of the undertakings that he gave to the House at that stage. That centred around the report and the scheme that was to be put in place to provide compensation for those who had in good faith availed themselves of the scheme but found themselves penalised effectively at the end of the process by having made economic decisions based on an anticipated income. They had sought loans from banks to do other things on the basis of that, and then discovered that their whole economic and business plans were completely frustrated when the scheme was arbitrarily changed part-way through.

The Minister will also have to be aware that similar schemes have now been introduced in the Republic of Ireland, and the scheme has gone on here in Britain unabated.

Baroness Bloomfield of Hinton Waldrist Portrait Baroness Bloomfield of Hinton Waldrist (Con)
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I remind the noble Lord, Lord Empey, that he has a very authoritative voice on this subject, but he is effectively speaking in a gap which we have created for him, so perhaps he could draw his remarks to a swift conclusion.

Lord Empey Portrait Lord Empey
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I will just say to the Minister, regarding the mitigation that was raised, that I put an amendment into the Act which required a report to be made by 1 December. Given that Parliament will not be sitting on 1 December, can the Minister tell us when that report will be published and what effect the gap of the election will have in regard to the process of ensuring that those mitigation measures are put in place? Otherwise, very significant hardship will be inflicted on many thousands of people. I would be grateful if the Minister could do that in his response.

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

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Thursday 31st October 2019

(4 years, 6 months ago)

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Lord Morrow Portrait Lord Morrow (DUP)
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My Lords, since my name has been mentioned, although not in the usual derogatory way, I shall speak briefly. I do not think any party is more enthusiastic than mine about the restoration of the Northern Ireland Assembly. I have read what the Secretary of State said: that there are a few minor issues that need resolution. That begs the question: if they are so minor, why are they not resolved? We have been here so often. It gives me no pleasure to stand here and say these things; that is not where I am politically and it is not where my party is on this issue. We want to be in there, not only because we have a responsibility to be there but to deliver for the people of Northern Ireland. Whatever these one or two minor issues might be—I say clearly that we have not heard about them yet—let us hear what they are and have a resolution. Unfortunately, it will not happen before the election.

The noble Lord, Lord Bruce, is right: the parties will be challenged, and rightly so, about why we have not got a Northern Ireland Assembly up and functioning. I suspect I will be involved in some way in the election, and I am happy to take that on the chin and give an explanation of why we are where we are. I will do it with some regret.

Lord Empey Portrait Lord Empey (UUP)
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My Lords, I am sorry that the noble Lord, Lord Morrow, feels deprived because he has not been addressed in a derogatory fashion. We can easily fix that, if he feels the need.

I must say to the noble Lord, Lord Bruce, that I have heard the phrase “minor matters” before. I do not think they are minor because the headline issue is not the issue. RHI was a disaster but I accept and agree that it was not “the” issue. There were underlying issues that cannot easily be put into a Civil Service box that we can tick. There are relationship issues; there is the bigger picture of Brexit; there is the political situation in the Republic of Ireland, where some parties have a role to play; and there is the whole prospect of having to take difficult economic decisions, which will not necessarily be popular with certain elements of the parties’ supporters. Therefore, I do not think it correct to say that there are only a few issues left—believe me, parties in Northern Ireland can manufacture issues. If we could turn that into an economic engine, we would be a very wealthy part of the country, because there would be no difficulty whatever in finding more issues on which to have grievances.

On paper, that is how it looks from the outside, but I suspect that it would not be the actual position when push came to shove. That is why I have continuously argued in this place that the process being used is the wrong one. We have been here before. Sometimes effort is needed to tease out the real issues that lie behind the headline ones. I think the noble Lord, Lord Murphy, knows what I am getting at and agrees. This question has come up several times today, whether on the subject of health or something else, but I think we shall have to start differentiating between issues where people’s lives are at stake—and potentially being lost—and those where people’s quality of life is permanently altered through non-action by agencies of the state.

I am a long-term devolutionist. I believe in it and have supported and worked for it, so I am in no rush to see powers brought back here. However, I would argue that there is an emergency when people’s lives are being threatened and affected dramatically. This Parliament has a role to play in that and a responsibility to take it seriously. Obviously, when we come back, the issue will still have to be addressed. Whether it will be possible to get an agreement to establish an Assembly by 13 January, I do not know. I hope it will be but I suspect it will not, and we will then be faced with the dilemma of whether to continue with the existing arrangements, via an election, and see whether it can be kick-started again. However, I maintain that, in parallel with that, we will still have to address the fact that there are issues—in particular, on health—that require action, and the people cannot keep waiting.

We have discussed money. There have been increases but everybody knows that inflation in the health service is far higher than inflation in the general economy, and that is the trap that we have been in. There is no ability to plan the workforce, and that is a contributory factor because we have only 12-month budget cycles. The point that was made about the Barnett consequentials was a very good one. Technically, if money is given to health here, Northern Ireland gets a Barnett consequential, but that does not mean that it is spent on health. That decision is taken by the Executive, who might distribute it to different departments. The Civil Service is confronted with the same dilemma. That a Minister of the Crown has to stand up here and tell the House that he, as a Minister of the Crown, cannot instruct a civil servant just illustrates the impossibility and hopelessness of the position that we find ourselves in.

Lord Murphy of Torfaen Portrait Lord Murphy of Torfaen (Lab)
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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.

Historical Institutional Abuse (Northern Ireland) Bill [HL]

Lord Empey Excerpts
3rd reading (Hansard): House of Lords & Committee: 1st sitting (Hansard): House of Lords & Report stage (Hansard): House of Lords
Thursday 31st October 2019

(4 years, 6 months ago)

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Lord Murphy of Torfaen Portrait Lord Murphy of Torfaen (Lab)
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My Lords, I associate myself with my noble friend Lord Hain and indicate that the Opposition entirely agree with the Government on this Bill. It was, after all, a government Bill—the very first introduced in the House of Lords. We will do nothing at all to obstruct its passage either in this House or in the other place. To the contrary, we wish the Minister and his colleagues well in trying to get this legislation on to the statute book before the general election, because there are literally hundreds of people in Northern Ireland waiting on the Government’s decision on this matter.

Lord Empey Portrait Lord Empey (UUP)
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My Lords, I understand and agree with what the noble Lord, Lord Murphy, has said. Perhaps the Minister could get across to his colleagues and the business managers in the other place the degree of anguish that would be caused by a failure to deliver this legislation, given that everybody in both Houses and in every party, both here and in Northern Ireland, supports it—a situation that is very rare. Such a failure cannot be explained away. We know that there is time next week—there will be two sitting days in the other place—and I cannot imagine that it is not possible to achieve this. I urge the Minister to make that point strongly to the Government.

Given the nature of the victims of this abuse and given that inquiries are also taking place in England, it behoves us all to show an example—to show that we are serious about it and that we intend to alleviate the suffering. I think that people would find it inconceivable that we would be incapable of delivering this legislation.

Lord Morrow Portrait Lord Morrow (DUP)
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My Lords, I endorse what has been said without repeating the multiplicity of words. It will not be understood if this Bill does not reach the statute book. It is incredible that here we have something that unites everyone, yet we now find that we are struggling to get it to its last point. That will not be understood at all, and I find it incredible that we are even questioning whether that might arise.

Historical Institutional Abuse (Northern Ireland) Bill [HL]

Lord Empey Excerpts
2nd reading (Hansard): House of Lords
Monday 28th October 2019

(4 years, 6 months ago)

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Lord Empey Portrait Lord Empey (UUP)
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My Lords, the Minister will be aware that I have been a frequent critic of Northern Ireland legislation coming to this House under accelerated passage, given that, in some cases, we knew a year in advance that it needed to be done at a particular time. However, like other speakers, I believe that there is an opportunity here not only for the use of that process, but to ensure, as pointed out by the noble Lord, Lord Hain, who is not in his place, that this legislation does not get caught up in any possible wash-up or changed and therefore lost. Our minds must be focused on the victims and their families, who would be dealt a cruel card if, having come to this stage, it was all snatched away again at the very last minute. I hope that, using the usual channels, it will be possible for the Minister and his right honourable friend in the other place to ensure that this legislation is dealt with. I believe that is the wish of the House and I am certain that it is the wish of all the political parties in Northern Ireland, and in this House.

Sadly, Sir Tony died earlier this year and has not seen the rollout of his recommendations. That is a shame but, to support the point just made by the noble Lord, Lord Browne, I have absolutely no doubt about the role of some the institutions that were involved and the need for them to take some responsibility. They and their insurers should not be allowed simply to get away in the smoke with the taxpayer taking up all the liability. I believe that the Minister and the Secretary of State have got that message.

It is sad that Stormont is not in a position to deal with this, but there we are. Parliament now has a responsibility to fill the vacuum and ensure that this is done. There are very few occasions when there is unanimity at home in Northern Ireland. Indeed, by the look of things around here, there is very little opportunity for unanimity here as well. However, the fact remains that this is an opportunity for that to happen. Let us make it happen and do something for the victims. Let them feel that they have been heard at last, and that the system is for once working for them, not against them. I support the Second Reading of the Bill.

Northern Ireland (Executive Formation etc) Act 2019: Section 3(5)

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Monday 28th October 2019

(4 years, 6 months ago)

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Lord Empey Portrait Lord Empey (UUP)
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My Lords, the Northern Ireland (Executive Formation etc.) Act 2019 almost overcomes the reality of where we are. The Government have said repeatedly that they have a process and that their number one priority is to restore the Executive. However, the reality is that there is no process. Ad hoc meetings take place at regular intervals with regular intensity, but there is no proper process. If it is left to this ad hocery, one obstacle after another will arise and we will never get anywhere. No pressure will be applied. It is always, “Oh, we can’t do it because of Brexit”, “We can’t do it because of this”, and “We can’t do it because of that”.

The Assembly met last Monday, but I have to say that it did not cover itself in glory. It was a most depressing, aggressive, nasty meeting and it is as well that the proceedings ended when they did and that there was no second attempt the following day because more harm would have been done had it persisted in the way that it was going.

Initially, I was opposed to the ideas put forward on both Benches opposite about some form of interlocutor being identified to assist the process, but the time has come to revisit that. But it needs to be done within a structure and I have to say to the Minister that his department has got itself into a rut over the last 10 to 15 years. We were told when the Minister came into the department three years ago that we were going to think outside the box. Well the box has proved to be much stronger and less able to be escaped from than we thought. We have not thought outside the box: we are still in a rut.

One of the reports that I asked to be included was on the mitigation of welfare reform. That report is due to be received on or before 1 December. However, if events in the other place, whether today or tomorrow, overtake that, will the Minister identify what will be done if we are in the middle of a general election before 1 December? Those mitigation measures would need to be addressed well in advance of the end of the financial year. I would be most grateful if he could help us in that direction.

I have secured a small Private Member’s Bill on health. The objective is very simple. Out of a population of 1.8 million, apart from there being over 280,000 people waiting for a first appointment with a consultant, of those 280,000 people, 109,000 are waiting in excess of 12 months. The Nuffield Trust and Professor Deirdre Heenan produced a report a few weeks ago. The chances of an individual being on a waiting list for over a year in Northern Ireland for a first appointment with a consultant is one in 16. There is a one in 16 chance of being on a waiting list for over a year in Northern Ireland. The equivalent figure in England is one in 48,000, so you are 3,000 times more likely to be on a waiting list for over a year in Northern Ireland than in England.

As a Parliament, we have an obligation to protect our citizens which supersedes parties and all issues. I believe that we are allowing citizens to be harmed by the failure to resolve this particular issue. A number of noble Lords in this House know more about medicine, both physical and mental, than I do, but the one thing that any citizen knows is that delay can be fatal—literally. People are waiting, even for some basic operations, for three or four years, and that is to say nothing of the mental health issues that we have.

I appeal to the Minister to think outside the box and persuade his right honourable friend in the other place that, on humanitarian grounds—not political grounds—we need to get a Minister involved in health. That requires the power to be taken back here. It would instantaneously go back to Stormont on the formation of the Executive, so there is nothing to be lost. I know that a Minister will not solve the problems overnight, but we cannot have any manpower planning when we are working on a hand-to-mouth budget. That has to be done over time. We are thousands of nurses and hundreds of consultants short. All of these problems can in part be assisted by having somebody there to take decisions, but we cannot leave this at it stands to a Permanent Secretary, however capable—and we are fortunate that we have a capable Permanent Secretary in that department.

I appeal to the Minister to ensure that he and his colleagues revisit this issue not only about getting proper talks in a structured format but also to look at the damage that has been done to the population by some of the health statistics that I have drawn noble Lords’ attention to.

Irish Border: Checks and Customs Arrangements

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Tuesday 1st October 2019

(4 years, 7 months ago)

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Lord Duncan of Springbank Portrait Lord Duncan of Springbank
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The noble Lord raises a point that we must be very clear in answering. My right honourable friend the Prime Minister has been very clear: there will be no infrastructure, no checks and no controls at the border, and we will be in full conformity with our obligations under the law. With regard to the comments that have been floating around today regarding the dialogue with the EU, it will be easier to have a proper discussion on this issue when those documents are in the public domain, as they will be, to facilitate that very discussion and the interrogation by the Members of this House.

Lord Empey Portrait Lord Empey (UUP)
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My Lords, we are having a debate tomorrow on the European Union. Not only do we not have a non-paper; we do not have any paper. It is very difficult to negotiate, suggest or judge if you have absolutely nothing in front of you. I appeal to the Minister to implore his colleagues that if we have a general debate tomorrow, at some point immediately thereafter—whether next week or whenever—we actually put down proposals in black and white that this House can debate and, hopefully, share with the other place. We are running around in circles and arguing over language, one thing is contradicting the other, and this merely adds to and builds up the uncertainty that is so corrosive to not only our economic but our political existence.

Lord Duncan of Springbank Portrait Lord Duncan of Springbank
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My Lords, it is important to stress that this House is not itself negotiating: the UK Government are negotiating with the EU. It is important in that negotiation itself to respect the conditions of the negotiation. Equally, it will be vital for this House and the other place to fully examine that which emerges from those negotiations, as it is right and proper to do.

Northern Ireland (Ministerial Appointment Functions) (No. 2) Regulations 2019

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Monday 9th September 2019

(4 years, 7 months ago)

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It is my view there is no such thing as a good Brexit, either economically or politically, for the people of Northern Ireland. However, a no-deal Brexit threatens everything that successive British Governments worked for up until the Cameron Administration foolishly decided to revert to the hands-off policy that helped get us into this catastrophic mess in the first place. I call on the Government to redouble their efforts to restore devolution, but twice of very little is not enough. It will take much more than that but the first essential step is to stop a no-deal Brexit before it is too late. I hope that the noble Lord will confirm that he will give due credence to the British-Irish Intergovernmental Conference in the event of direct rule and that regulations such as this will be consulted on through that process, and that the appointments he is going to make under these regulations will also be consulted on to ensure that there is buy in and cross-community support.
Lord Empey Portrait Lord Empey (UUP)
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My Lords, the appointments being added to the list include such things as the Drainage Council for Northern Ireland. If the noble Lord, Lord Hain, is seriously saying that the Irish Government need to be consulted about that, that amounts to joint authority. It is not a requirement of any of the treaties or the 1998 Act. The two Governments can consult at a council that can meet periodically. That is fair enough but we must be well aware of the three-stranded process. Its integrity is the core of the agreement.

I join the noble Lord, Lord Hain, in expressing concern about the direction of travel. I had been given the impression that talks were going at white-hot pace during the summer. but that is not the case. If my information is correct, the last all-party meeting was on 5 July, which was before we left this place for the summer. I stand to be corrected, and if the Minister does so I will be more than happy to withdraw that point, but that is my understanding. There have been one or two relatively casual meetings of working parties on programmes for government and so on, but certainly in the last two weeks of August there was one interaction in one week and one in the other.

It is true that there have been some bilateral talks between the DUP and Sinn Féin but I repeat that there is no proper process, although I stand to be corrected on that also by the Minister. The two meetings on 5 July and 9 September are sufficient evidence that there is a lack of urgency, drive and ambition. Although I have no particular issues with any of these appointments—I do with some of the recent appointments but that will come up in a later debate—I say to colleagues that devolution will not be restored unless there is a proper process that is organised, timetabled and properly run. This ad hoc approach—we will meet now; we will meet again; maybe we will, maybe we will not—will not deliver. During our debates before the recess on the Executive restoration Bill, a number of us said that some of the proposals in that legislation would not assist the process of restoring the Executive, and so it has proved. We are now closing up shop until the middle of October but there are two other things that need to be borne in mind.

Unusually, the leader of Sinn Féin in Northern Ireland is to be challenged for her position in November. I do not believe that Sinn Féin has the remotest intention of doing anything until Brexit is resolved, and certainly I cannot see that happening when its leader in Northern Ireland is facing a challenge from outside. Therefore, it looks as though we will arrive at the third anniversary of Stormont being closed in January, with no Government and so on.

The noble Lord, Lord Hain, referred to the wider issues of direct rule. Personally, I do not have a preference for direct rule. We worked hard to get Stormont going again and to get devolution, and the fact that people have messed it up is another matter. However, there is one issue which I keep drawing to the House’s attention. I ask the Minister, with his right honourable friend the Secretary of State, to consider our health service, which is in dire straits.

There are 7,500 vacancies in the health service in Northern Ireland for 3% of the UK’s population. Noble Lords can do the maths. That goes for nurses and doctors and applies right across the whole card. Our system has been kept going by locums—people brought in by agencies at enormous expense. One person working on a ward at night will be from an agency on X amount of money and one will be from the regular health service staff on Y amount of money, which is far less. It is unfair and unreasonable. Naturally enough, nurses are going to these banks and agencies and are being brought in as locums. Some of them are flown over from Newcastle upon Tyne and other locations. They are perfectly good people but their flights, accommodation and food have to be paid for, and of course they come into a ward and do not know anybody. This is becoming a humanitarian crisis.

With a new Session of Parliament coming up, I have asked the Public Bill Office to prepare a Bill for me, which I hope to put into the ballot. I remind noble Lords that in the last three ballots I got positions one, one and five, and I am hoping to improve on that. The Bill would transfer health, social services and public safety powers from Stormont to here, and it would have a sunset clause whereby immediately upon the establishment of the Executive those powers would revert. We did that some years ago with social security when there was a disagreement at Stormont and those powers were returned. I appeal to the Minister: the waiting lists have become absolutely ridiculous. Professor Deirdre Heenan of Ulster University was part of a Nuffield Trust study that a few weeks ago produced sobering figures, to say the least. People are hurting and I think that lives are being lost while we fiddle around with this issue. If the best effort is a meeting of the leaders of all parties on 5 July when we are in the middle of all this, there is something radically wrong. If I have missed the boat and secret talks that I am unaware of have been going on somewhere, I will be glad to hear that, but I suspect that I am not very far wrong.

Therefore, I say to the Minister that I do not have any particular difficulty with the appointments that we are talking about, but if we can bring legislation—even though this is secondary legislation—before this House to appoint the chairman of the Drainage Council, why can we not do something about the suffering of people in the health service and the fact that that service is being allowed to go down the drain? The spending priorities set by the outgoing Executive are five or six years old and no longer match the current needs and requirements of our community. Therefore, I appeal to the Minister to speak to his right honourable colleague in the other place and to seriously consider this matter. I do not want to see direct rule a day earlier than the noble Lord, Lord Hain, does—I have the same reservations—but this is a humanitarian issue; it is a matter of life and death. This Parliament has a responsibility to people for their health and safety but that is not being exercised.

Lord McCrea of Magherafelt and Cookstown Portrait Lord McCrea of Magherafelt and Cookstown (DUP)
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My Lords, I have listened with great care and interest to the speeches of the noble Lords, Lord Hain and Lord Empey. If either noble Lord has any magical formula to restore Stormont, I will certainly be very glad to hear it. However, there seems to be no magical formula because Sinn Féin, with the collaboration of this House, has been handed the keys of Stormont.

Let us make no mistake: same-sex marriage and abortion, as debated and legislated for recently, were two of the key demands of Sinn Féin. This House agreed to them, and if Stormont were not returned by 21 October, the legislation would be enacted. This House and the Government were warned that, in so doing, they were keeping the doors of Stormont closed because Sinn Féin has no reason to allow them to open. If Stormont returns, these issues can be debated. I know that on abortion there is a genuine desire across the political divide to see the changes in the legislation that came before the other House and this House. Rather than blame everyone else, this House has to accept part of the blame because it handed to Sinn Féin the reason for not returning to Stormont. It is therefore not good enough for people to do a pilot Act, wash their hands and suggest that the parties in Northern Ireland are responsible for the present hiatus.

The noble Lord, Lord Hain, mentioned and warned about the DUP being in cahoots with this Government, influencing and collaborating with them. I remind the noble Lord that the leader of his party collaborated with Sinn Féin—the IRA Army Council—when they were in the midst of terrorist activity, against honourable Members of this House and others in our friend and family circles who were murdered and injured. To suggest that there is somehow a great danger in the Government and the Democratic Unionist Party working together and not see the danger—what the people of Northern Ireland witnessed in their darkest days—of the then Government collaborating with Sinn Féin was certainly very hard for any democrat to take.

It certainly does not go well for some noble Lords in this House to accept what the noble Lord, Lord Hain, is saying.

Report Pursuant to Sections 3(1), 3(6), 3(7), 3(8), 3(9) and 3(10) the Northern Ireland (Executive Formation etc) Act 2019

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Monday 9th September 2019

(4 years, 7 months ago)

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Lord Empey Portrait Lord Empey (UUP)
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My Lords, if we needed any evidence of the importance of the arrival of the noble Lord, Lord Caine, in a position in which he can address your Lordships and turn his mind, in a public way, to our important issues, the speech that has just been delivered confirms what I believe many of us have long believed—his ability and knowledge of a wide range of subjects. Someone coming to these Benches with his many years of experience in Northern Ireland is a wonderful asset that we will warmly welcome across all these Benches and on all sides. The role of adviser is very important and he has not only given us commitment but done so with discretion, with dignity and without turning the focus on to himself rather than the Ministers he has been privileged to serve.

Just to illustrate my point, there is a small quotation in today’s Sun—if it is here it must be true—attributed to Mr Dominic Cummings of this parish, where he says, allegedly:

“I don’t care if Northern Ireland falls into the f***ing sea”.


The melodic prose of that comment lends some credibility to the possibility that he might have said something like it, but no such comments were ever or will ever be made by the noble Lord, Lord Caine, who has conducted his business and kept relations with all sides in our troubled Province. Having a strongly committed unionist on these Benches is most welcome. I wish him every success in your Lordships’ House and have little doubt that he will distinguish himself now that he is able and free to talk.

Turning to the business on the Order Paper, there is one small matter on which I would like clarification from the Minister, which was also mentioned by the noble Lord, Lord Caine: the definition of a victim. Neither that report nor the one relating to the Armed Forces covenant appears to be mentioned on the Order Paper. I am not quite clear why.

We have just touched on the Executive formation. I said that if my dates were inaccurate I would happily correct them; yes, it was probably 5 August instead of 5 July, but it is the same difference, because the talks have not had the momentum required.

On donations, I agree with the noble Baroness, Lady Barker. I have come to the conclusion that there is not a consensus in Northern Ireland on the dates for these donations. I believe that the 2014 date should be applied and made that comment when the legislation was going through in the summer.

As a former Higher Education Minister in Northern Ireland I am very conscious of the potential, having visited the Magee campus of Ulster University in Londonderry and with the city deals coming forward for that local authority area. Given the shortages in our health service, there is also great potential, particularly concerning the proposed graduate medical school, to combine a number of policies and not leave things purely to the universities. I accept that universities are independent, but only in so far as it is the public who in large measure pay for them. There is a huge social, economic and political issue here and we should pursue it rigorously.

On the issue of the abortion law review, I am conscious that on Friday there were huge demonstrations in Belfast which had very little time to get organised and build momentum. I know that a lot of people are very concerned at the haphazard way in which this has been done. There are no regulations in place on 22 October, no matter what anybody says. While people will argue, “Well, the medical profession will do this and that”, why should we have to rely on them? We are a legislature. If we have something to say, we should say it and do it, instead of this back-to-front process that has been adopted, which, I have to say, has annoyed and deeply upset many very sincere people. I hope we will return to that and that we will be able to get in place something in law that is just, proper and democratically endorsed by the people it affects most. That has been sadly lacking.

I remain strongly opposed to the proposals on legacy that came out of Stormont House. The proposal for a historical investigations unit will be a torture chamber, particularly for former members of the security services, for at least a decade and will enable republicans to set up a whole industry of people who will take legal action, make claims and try to rewrite history in the process. It is a profoundly bad idea and I sincerely hope that those who invented and support it will withdraw their support.

On historical institutional abuse, I strongly support the fact that people are trying hard to get this done, but, as we have pointed out in this House many times before, people have been moving on in age and it is becoming an increasing challenge. I hope that every effort will be made to move as fast as possible.

The report on the definition of a victim, which is not mentioned on the Order Paper today, does not even cover two sides of paper. On such an important issue, this is almost an insult to Parliament. It is so critical and so controversial, and to say that handing the thing back over to the Executive is the way forward is absolute nonsense—it is only a way of avoiding it. That is what I fear is happening and I deeply regret it.

In conclusion I will address the victims’ pensions, which were mentioned by the noble Lord, Lord Hain. Can the Minister give an absolutely categorical assurance to the House tonight that under no circumstances will a person who was injured by their own hand and their own actions be eligible for any payment from the state as a result of this activity? That has got the reappointed victims commissioner into serious trouble and has caused victims great distress over what has happened to them. I sincerely hope that we get a clear, unambiguous confirmation tonight that this will not happen. Whenever you see in a report mentions of working parties and looking at other examples around the world, it begins to make people nervous. I sincerely hope that the Minister can give us an assurance that does lack not any clarity whatever.

Brexit: UK-Irish Relations

Lord Empey Excerpts
Tuesday 5th September 2017

(6 years, 7 months ago)

Lords Chamber
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Lord Empey Portrait Lord Empey (UUP)
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My Lords, it is a great privilege to follow the noble Lord, Lord Bew, and his very relevant reality check on what we are currently facing. The noble Lord, Lord Jay, presented the committee’s report. I am glad it was done. It is important that people look at these things. Sadly, as was said—I think the noble Lord, Lord Dubs, made the point—in the run-up to the referendum nobody was drilling down into the minutiae of this. That has been demonstrated over the past 14 or 15 months in the consequences we have seen.

I serve on the British-Irish Parliamentary Assembly’s Committee C, which is looking at the agri-food sector. Of course, the agri-food sector has a very effective lobby, but the people in the Republic who are really concerned are those who provide services. There are far more people employed in services nowadays. The way things are going is actually creating a major threat to what we believe to be rural Ireland. Some 40% of all Ireland’s food and drink ends up in the United Kingdom. We are talking about huge sums of money and vast numbers of people employed. Let us be under no illusion: the drop in the currency alone and the fact that a lot of the companies’ insurance has run out are having a profound impact on the economy of the Republic, and it is only scratching the surface at the moment.

He is not in his place but the noble Lord, Lord Hain, made some comments—particularly outside the Chamber but certainly inside it today—advocating that we in Northern Ireland remain in the customs union and the single market. We cannot contemplate the partition of the United Kingdom, which is what in effect that means. What we need is a deal between the United Kingdom and, if possible, the whole EU but, if not, at least with the Republic, where we would have a customs union between these islands. That is the way ahead.

During the gap in the debate for the Statements, I attended a function downstairs run by transport organisations. They make the point that 90% of the Republic’s hard exports to the European Union travel through the United Kingdom to get there. If anybody is dependent on the full impact of us leaving the EU, it is the Irish Republic. These are staggering figures. I had no idea it was on that scale. The current policy of the European Union negotiators is to separate out these three issues: Ireland, the so-called divorce settlement, and the rights of EU citizens. I do not dispute that these are key issues but you cannot isolate the future trading relationship from them. I take the view that it is far more effective to look at how we meld and keep our two economies together. That is more important than some ideologically or politically driven Brussels-led determination to ensure that we get a beating in these negotiations, which would be a very short-sighted position.

Lord Adonis Portrait Lord Adonis (Lab)
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If the noble Lord will forgive me, I thought I heard him say that an option might be for us to have a customs union with the Republic of Ireland, even if we could not negotiate new customs arrangements with the European Union. Is that not a complete impossibility?

Lord Empey Portrait Lord Empey
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It depends on whether—we come back to the term “special status”—the European Union is very flexible. I want to see a successful negotiation between the United Kingdom and the European Union, but it will always be particularly difficult on the island of Ireland.

We have to keep this in perspective. The amount of goods travelling north to south is, in European terms, comparatively modest. It is about 15% of Northern Ireland’s trade. The trade coming to Great Britain is 60%, and among the rest of the world mainland Europe has only 8%. So our main trading concern is with the rest of the United Kingdom and to have any kind of interruption or border in that would make absolutely no sense. We would be inflicting an economic wound on ourselves.

I turn to a couple of other points that have been made. First, many people spoke about the Good Friday agreement or Belfast agreement. The noble Lord, Lord Trimble, was kind enough to give me responsibility in that regard, along with the noble Lord, Lord Kilclooney. We were all part of it and, perhaps because they both had duties here at Westminster and I did not, I probably spent virtually every day of those two years in the negotiations. The role played by the European Union in them was very modest. In fact, it was rarely mentioned except when it came to the conclusion. Then we looked for help from the European Union, which was forthcoming—and very generous it was. European Union expenditure is still there and, although it is probably reaching its penultimate phase, we nevertheless have to keep it in perspective. Even at its peak, when we were an Objective 1 region and had ERDF and so on, it accounted for only 3.5% of the total public expenditure in Northern Ireland at its maximum. It is a lot less now.

The second point is more psychological, because it was accepted that we were both parts of the European Union. Everybody understood that and it was never debated on a line-by-line basis. Your Lordships should remember one other thing: that neither of the two principal parties which are now not leading the Executive were present for the strand 1 negotiations. The DUP was outside—calling the rest of us Lundies and traitors—and, while Sinn Fein was inside, ideologically it refused to participate in strand 1 negotiations and produced no papers. Sinn Fein did not ask us for an Irish language Act then. It just sat there and did nothing, while the DUP was not there. So they have not got into their heads the essence of what we were trying to do: to create a partnership-led Government, where both main traditions walked up the aisle together to send out a signal that we had embarked upon that partnership. That has not happened.

While I disagree with the noble Lord, Lord Hain, on some of his earlier points today, I agree with him on this: our voice on the Brexit debate is stilled. I am aware of no coherent process for getting our views in there and I would like the Minister to address this in his wind-up. How will our views be injected into the negotiations? How will we have any sense of where they are going? Does anybody really understand the minutiae? I doubt it. The noble Lord, Lord Hain, is absolutely right that our voices are stilled at this crucial time. Given that the Northern Ireland Executive does not exist and that our total contribution from Stormont has been one two-page letter last August—that was the only contribution the Executive have made to the Brexit debate—then, at one of the most momentous times in our history, we are out to lunch. That is a criticism on all of us. It is outrageous and cannot be justified.

I know that the Minister’s colleague, his right honourable friend the Secretary of State, is doing his best, but we are now up against people who have different and bigger agendas. The Government have to find a formula so that the views of our business, our trade unions and our professionals—the people making money and creating jobs—are injected into this debate. That, in my opinion, is the yawning gap that we face right now.

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Lord Bourne of Aberystwyth Portrait The Parliamentary Under-Secretary of State, Department for Communities and Local Government and Northern Ireland Office (Lord Bourne of Aberystwyth) (Con)
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My Lords, in addition to the best wishes expressed by other noble Lords, I wish the noble Lord, Lord Boswell, a very speedy recovery and return. We very much miss his wisdom and good humour. Like the noble Baroness, Lady Armstrong, I hope that he will be back very shortly.

I thank the noble Lord, Lord Jay, very much indeed for his presentation of the case expressed in a very thoughtful paper. I apologise to him and to others who have expressed very reasonable chastisement, including the noble Lords, Lord Murphy and Lord Carlile, the noble Baroness, Lady Armstrong, and my noble friend Lord Lexden. Part of the delay can be explained by the very difficult political situation—elections and so on—but that does not excuse it. I totally accept that and apologise on behalf of the Government.

I set out the Government’s commitment to maintaining and strengthening the unique relationship between the United Kingdom and Ireland, which has been expressed by so many Peers in this debate. We are indissolubly tied by centuries of history, geography and trade—and, as many noble Lords have said, familial ties. The present very close relationship is something that the Government welcome, cherish and want to nurture. I did not recognise one or two descriptions of poor relations with the Irish Taoiseach, Leo Varadkar. That is not recognised by the Government; the Prime Minister has a very good working relationship with him, and they met very early after his appointment. I think that his first meeting with a leader from another member state was with the Prime Minister, and she has been very clear that she wants to see the relationship between the United Kingdom and Ireland deepen and strengthen after the United Kingdom leaves the European Union. Furthermore, the Secretary of State for Northern Ireland maintains a regular dialogue with the Irish Government, and particularly with the Minister for Foreign Affairs, Simon Coveney, as well as with Frances Fitzgerald, the deputy Prime Minister and the Minister for Justice and Equality. Of course, discussions are held at official level as well. There is a very warm relationship, and we share many objectives in this area. In particular, there is really not a cigarette paper between us on the desire for a frictionless, seamless, invisible border, which we have at the moment.

I turn to express some general thoughts about the Government’s approach and the recent position paper on the Northern Ireland and Ireland situation, published on 16 August, to which many noble Lords have referred—some even in a complimentary way, expressing agreement with the objectives and four key priorities that we set out in the papers, upholding the Belfast agreement in all its parts. In that context, I welcome and acknowledge with thanks the massive role played by the noble Lord, Lord Hain—I thank him for his kind comments—and the noble Lord, Lord Murphy, in relation to their ability to bring parties together in Northern Ireland in a lasting way. That has been tremendously important and remains very much valued in Northern Ireland.

We want to ensure protection for citizenship rights established under the Belfast agreement. Like the Government in Ireland, we stand resolutely behind the Belfast agreement in all its respects, without question. We want to maintain the common travel area and associated rights, and to avoid a hard border for the movement of goods. We want to preserve north-south and east-west co-operation, including on energy. I hope to say something on that later, if I have time.

That is the bedrock of where we are in relation to the Belfast agreement and it is central to ongoing good UK/Irish relations. This was referred to by many noble Lords during the debate, including my noble friend Lord Suri and the noble Lords, Lord Davies, Lord Carlile, Lord Hannay, Lord Cotter and Lord Dubs. I associate myself with some points made by the noble Lord, Lord Dubs, and the noble Baroness, Lady O’Loan, about dispensing with logic and looking at what can be done in a unique situation. The noble Lord, Lord Jay, also referred to the need for flexibility and imagination in bringing this to a happy conclusion. I make no apology for repeating that our constructive relationship with Ireland, also referred to by my noble friend Lord Lexden, is central to how we feel.

Many noble Lords who have particular experience of this, including the noble Lords, Lord Murphy, Lord Hain and Lord Whitty, spoke of our responsibility to get the political parties in Northern Ireland—which share the responsibility—back in a working Assembly. I agree that this has to be central. All possibilities as to how we can help to bring that about are looked at by the Government on a regular, daily basis. As the noble Lord, Lord Murphy, has said, the Secretary of State is at the moment heavily involved in seeking to bring together the parties in Northern Ireland. They must look to their responsibilities on this key issue, which is more lasting than some of the others which seem to be holding up progress. Getting all the political parties, not just the two major ones, involved is of overwhelming importance and is central to what we seek to do. My noble friends Lord Trimble and Lord Empey and the noble Lord, Lord Dubs, also referred to the intricate nature of these discussions and the importance attaching to them.

One or two noble Lords, perhaps including the noble Lord, Lord Murphy, referred to the progress made on citizenship rights. Noble Lords may be unaware that even Michel Barnier, who is not normally associated with loosely using the word “progress”, is on the record as saying that the Brexit discussions on the Northern Ireland/Ireland situation have been fruitful. It was always recognised that the discussion on customs arrangements would take longer. There are clearly more involved areas here and intricate discussions need to be gone into. That will take time, but we should not lose sight of the fact that all the parties involved—the other 27 EU member states; Ireland; the UK Government; and the political parties in Northern Ireland, which I regret do not currently have the voice that we need them to have—share the same goal. There is no material difference in what we want and that is a pretty good starting point to have. I agree with the noble Earl, Lord Kinnoull, that we have a pragmatic approach here which is likely to succeed. We have a shared interest with Ireland and Northern Ireland. My noble friend Lord Howell made the point that 90% of goods going to Europe go through England and Wales. We have perhaps not acknowledged the role of Wales and we should: an awful lot goes through Holyhead and Fishguard. That is significant and important and will not be lost on the remaining member states of the EU. There is work to be done there and a positive, pragmatic approach, which the noble Lord, Lord Kilclooney, touched on, is important.

Many noble Lords referred to the importance of preserving the frictionless, invisible border that we have at the moment. The noble Lords, Lord Morrow and Lord Kilclooney, referred to the fact that they live very close to it, so they speak with great personal experience. Two things were brought home to me some years ago after the Belfast agreement when I was staying with friends in Enniskillen that influenced my approach to this issue, and I think this is shared by other government Ministers. One was when I said to the person with whom I was staying in Enniskillen, as we were going into a pub there—I probably put my foot straight in it—“Is this a Protestant pub or a Catholic pub?”. She turned to me, her eyes filled with tears and she said, “It doesn’t matter anymore”. That is what all of us seek to preserve in Northern Ireland. The other point that was brought home to me on the same visit was when we were going south from Enniskillen into County Cavan and I asked, “Have we crossed the border yet?”. She said, “I don’t know. We will only know when we get to a petrol filling station and see whether the prices are in euros or sterling”. That is something we have to preserve. It certainly influences my approach and, I think, that of the Government as we know just how important this is.

I do not seek to minimise the fact, and neither do the Government, that there is a lot more to be done on this issue. Nobody is saying that we are home and dry on it. We are not remotely home and dry on it, but we have made progress and that is not a bad position to be in.

I certainly have loads to learn in this role, but this point came home to me again in the summer when I was in Clogher, which for the uninitiated is a village in County Tyrone which has a massively important agricultural show in the summer. People come to the show from across the border, which almost does not exist, as well as from the local community. When you speak to them, you do not know initially whether they are from the south or the north. They say, “It is vital that we maintain the present position whereby people can come here from across the whole of Ireland”. I think that the noble Lord, Lord Bew, mentioned the importance of the agri-food sector. The noble Lords, Lord Empey and Lord Whitty, talked about how agriculture is central to this sector. The Government are very conscious that there are discussions to be had to ensure that we get this right and preserve the position as near as possible to how it is now. That is certainly not without challenges.

I will ensure that this very good debate is sent to the DExEU Ministers so that they can pick up the extremely effective points that have been made. That is important. I will write to noble Lords, picking up points that have been made during the debate. Some specific issues were addressed to me which I will pick up in the circular letter. I will take away the points made by the noble Lords, Lord Hannay and Lord Carlile, so that they get a more meaningful response than I am able to give from the Dispatch Box this evening.

The overriding point to which I come back was made by the noble Lord, Lord Dubs—namely, that we need to set high ambitions. Logic does not necessarily determine this. It did not necessarily determine the success of the Belfast agreement. We need to be ambitious and seek to do what may now seem close to impossible. We need to ensure that we do two things. I can understand the very strong feelings of many noble Lords about Brexit—I campaigned strongly to remain, so I know where they are coming from on that—but we have to move this on and decide how we cope with the fact that we are coming out of the EU. How do we square the circle on this and seek to preserve, as closely as we possibly can, the border as it is now with all the ramifications that has for excellent north-south relations? Those relations have improved immeasurably in our lifetimes but certainly in the last 10 and 20 years: indeed, they are scarcely recognisable. We need to ensure that the economies of both the north and the south are protected as well as that of the rest of the UK. That is something—which, as I say, is a really good starting point—that all parties want to preserve.

If it has not come across that this is really central to the Government, let me restate that, as the Prime Minister early on did make it clear, this is central to what the Government want: not just to protect Northern Ireland and the United Kingdom, though that is important, but to protect southern Ireland. She recognised then that there was a particular interest in protecting Ireland, and we do owe responsibilities to our nearest neighbours and close allies, so that is something that is also desirable. The Irish border is not a pawn—I think that word was used, perhaps in the context of a question. It is vital to us; it is a prime priority. We do need to seek a bespoke deal of the sort that the noble Lord, Lord Dubs was hinting at, with flare, flexibility and imagination, as was touched on by the noble Lord, Lord Jay of Ewelme, in his excellent introduction.

I thank noble Lords for their participation in what, I think, has been a very good debate, not without emotion, which I fully understand. I undertake to write to pick up the points that I have not been able to cover in any detail in this response. I assure noble Lords that this debate, which has been an excellent one, will be passed to DExEU Ministers for their consideration.

Lord Empey Portrait Lord Empey
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If my noble friend is writing to noble Lords, will he give an assurance that he will address the issue of who speaks for Northern Ireland, and what input there is going to be as we go through the Brexit negotiations? This is a matter which I raised, as did the noble Lord, Lord Hain, and a number of other noble Lords. Who is going to feed in that response, and will the Minister undertake to address that?

Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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I am grateful to my noble friend for that. Without going through all the things that I have not touched on, and giving separate details of what I will set out in the letter, that is an important point and I recognised that he made it. In short, the Prime Minister and the Secretary of State, in the vacuum that exists with the absence of an Assembly and power-sharing Executive, will be doing that. That does not detract from the fact that we are working hard to make sure that the power-sharing Executive are brought back as soon as possible. In the meantime, work is being done at official level and at ministerial level from the Westminster Government.

Northern Ireland Political Situation

Lord Empey Excerpts
Monday 3rd July 2017

(6 years, 10 months ago)

Lords Chamber
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Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, I thank the noble Lord for his contribution. He comes with past experience of the job. He will know that deadlines have been set in the past; this is nothing new. I fully agree with what he says about the democratic deficit. It was inherent in the Statement that we need a power-sharing Executive because of budgetary issues and involvement in issues such as Brexit as well as many others. I do not disagree with him on that at all. All I can say is that work is progressing and there is a narrowing of the disagreements, so there is the prospect of a deal.

On the question of the donations legislation, obviously there will be a chance to discuss this when it is presented to Parliament but I would say that it has been welcomed by the opposition Front Benches both in the House of Commons and here. There will be a chance to scrutinise it as it goes through both Houses.

Lord Empey Portrait Lord Empey (UUP)
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My Lords, while much has been made of disrespect and respect, who is respecting the more than a quarter of a million people who are on hospital waiting lists, over 53,000 of whom have been waiting for over 12 months to see a consultant? Who is respecting the interests of the victims of the historical institutional inquiry that people have been waiting a lifetime for but is lying idle and unattended to on the shelf in Stormont? Who is paying any respect or even attention to the schools that will reconvene in September not knowing whether they have budgets that can carry them through the entire year? This shame and disgrace have been going on now for over six months. While I am entirely in favour of people treating each other with respect, the vast majority of people who are on these waiting lists are being treated disrespectfully. Will the Minister be kind enough to pass that message on to his right honourable friend and ensure that those people have their legitimate needs and concerns properly addressed, openly and clearly?

Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, I thank the noble Lord for raising those issues. He will of course be aware that on a day-to-day basis, health spending and education spending are being carried forward in Northern Ireland because it is important that we have appropriate government there. What is not happening, as he did not allude to directly but I am sure he intended to, is that strategic decisions are not being made at the moment. That again refers to the democratic deficit, which we must seek to fill. At the moment the head of the Civil Service in Northern Ireland has indicated that the Civil Service is in a position to keep matters running, but the noble Lord is right to say that this could not go on indefinitely and that there is a democratic deficit. There is indeed.