Northern Ireland Executive Formation

Debate between Lord Empey and Lord Duncan of Springbank

Thursday 16th January 2020 Lords Chamber

[Lord Duncan of Springbank]

My noble friend is right to raise this issue. He will recall, as I am sure other noble Lords will, that the legislation we took forward before Christmas was taken forward by this House and this Government. It was not dependent on the outcome of a new Executive. As a consequence, it will continue to the timetable that we set. I believe—again, I pay tribute to the noble Lord, Lord Hain, for his work on this—that the compensation for victims should be in place no later than May this year. That is something to be welcomed by all in the newly reformed Executive, I hope.

[Lord Empey (UUP)]

My Lords, I say as one who participated in the establishment of these institutions that they should never have been collapsed in the first place, but I am glad to see them returned.

However, I draw the House’s attention to the part of the Statement that says that this deal was accepted by the main parties

“as a basis to re-enter devolved Government.”

That is not true. This is not an agreement. It is a government Statement and a Statement of the British and Irish Governments collectively. It was shoved into our hands at 8.30 pm last Thursday. We had never seen a number of the matters contained in it before. Our participation in the Executive is based exclusively on our rights under the Northern Ireland Act 1998, whereby our position in the Assembly is related to our electoral support. We have taken on the health portfolio, which I have drawn to the House’s attention on many occasions because it is in such a terrible state. I hope that we will succeed in that endeavour but I want to make it clear that, for instance, we have never seen the legacy proposals and this business of 100 days before—and we do not accept the legacy proposals. We never have. We have argued against them since Stormont House in 2014.

However, there are many good things in the Government’s Statement. There is potential. But do not create the impression that everybody accepts everything that is in this paper—we do not. It would be unfortunate if we clouded people’s thinking into believing that that is the case.

Nevertheless, we are there because we want to solve the problems that I and others have brought to the House’s attention time and again, such as the disgraceful state of affairs in our health service and many of our other public services. We will play as positive a role as possible but we will not be tied down to a Statement by two Governments containing provisions of which we had no knowledge and over which we had no say.

[Lord Duncan of Springbank]

In many respects, the noble Lord echoes the words of the noble Baroness, Lady Armstrong: this is at a delicate stage and we have to see how it will grow into a new, fully fledged, functioning Executive addressing each of these matters. I am pleased in one respect, in the light of the remarks of the noble Lord, Lord Empey, that the health portfolio is now held by his party. I suspect that the incoming Minister, Robin Swann, will be getting letters from his friend, the noble Lord, which he can look forward to as much as I did.

European Union (Withdrawal Agreement) Bill

Debate between Lord Empey and Lord Duncan of Springbank

Committee: 1st sitting (Hansard continued) & Committee stage & Committee: 1st sitting (Hansard continued): House of Lords
Tuesday 14th January 2020 Lords Chamber

[Lord Duncan of Springbank]

In response to that, of course it will be our exclusive view in that negotiation to determine our own position as we respond to that. Again, it rests with us to try to move that in the direction in which we wish it to go.

Again, I am very grateful to the noble Lord, Lord Hain, for being so candid; I welcome that candour, as I always have. In winding up, I say that we need to be able to send the message to Northern Ireland that, through this process, there will be a deep dialogue with each of the affected parties and we will not place any prescriptive elements that will impact on their ability to determine the future that rests before them in terms of how their businesses will work. They need to have very frank discussions with the Government and ensure that, through each stage in that negotiation, there is transparency so that nobody is left behind or surprised, and the reality remains transparent for all to appreciate. I do not believe that it will be straightforward. It is important to emphasise that the protocol itself sets out very clear decisions, but there are still decisions which must be taken by the joint committee of the UK and the EU and which will have to be worked through as we go forward. There is no point in my trying to pretend that that will not be a challenging position.

The important thing to stress is that we are guided by certain principles that rest on the question of unfettered access. I was struck by the word “unfettered”; it is almost a Victorian term. Where did the notion of “unfettered” come from? What on earth is a fetter? It is a shackle, a thing that is linked around your ankles to stop you escaping. We are looking for a situation in which trade can continue in the customs area that the UK sits within, but which also recognises a democratic element in Northern Ireland, to ensure that it is content with the way this matter progresses in the Province of Ulster, and that businesses are content, too. With the newfound Assembly and Executive, this situation will ensure that Northern Ireland has a voice to register this content or discontent and that there is at no point a democratic deficit in Northern Ireland over what the protocol seeks to deliver or, ultimately, what Northern Ireland wants for itself. That will be important as a very strong check on where we go next.

[Lord Empey]

I apologise for interrupting the Minister. The Joint Committee has the capacity to widen the scope of its activities and what matters may be included. That disturbs a number of us, because what we see today could change. I do not think that any of us particularly want to get involved in votes, if that is avoidable. In consulting his colleagues over the next few days, will the Minister see whether some expression could be included which would effectively reassure people? A lot of the angst that we all feel would then dissipate. The last thing we want is to have any confrontations between the Houses, but this is heavy-duty stuff. The ability of the Joint Committee to expand its areas of operation and what is included, and not included, is a very big step over which we would have no veto or control. That is driving a lot of the uncertainty which we all feel here tonight.

[Lord Duncan of Springbank]

As always, the noble Lord brings an interesting perspective to this. I appreciate the fear that the Joint Committee may extend beyond its rails and somehow move into different areas. Within that Joint Committee is the United Kingdom itself, and the purpose there is to hold to account the United Kingdom as it seeks to engage directly with the wider EU. I note underlying that, however, the more important point: the question of reassurance. I hope that the words I can use will give some reassurance today. Equally, I think we will come back to this matter next week when the House will demand of me further reassurance. It is important that I am able to put clearly before this House, and as it echoes beyond this House into Northern Ireland, these reassurances: it has not been overlooked; the newly established Executive will have a strong voice in what goes on, going forward; and the business community can expect to be significantly engaged with each element of the question of unfettered access, to make sure that this is in no way an attempt by the Government to hoodwink either the people or the businesses of Northern Ireland.

If I may conclude, the important point is that I believe we are in common agreement that unfettered access is required. We have the assurance of the Prime Minister and we ultimately have—