Northern Ireland (Executive Formation) Bill

Lord Hayward Excerpts

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

[Lord Hayward (Con)]

My Lords, I rise to debate an issue affected by the amendment brought forward in the Commons yesterday by Conor McGinn. I think it is widely recognised in this Chamber that I have been working with Conor McGinn on changing the law on same-sex marriage in Northern Ireland. I will continue to do so and will refer back to that in a moment.

I share the regret expressed by a number of noble Lords, on all sides of the House, that this legislation is necessary. We have now been running for some two-and-a-bit years without any form of effective governance in Northern Ireland. The noble Lord, Lord Morrow, was absolutely right to list that positive litany of issues that have not been dealt with. Having said that, Northern Ireland continues to move on—it moves forward and changes.

I referred in a previous debate to my own relatives from Northern Ireland, with whom I was this weekend. Some of them have moved to Northern Ireland for the first time in their lives and are thoroughly enjoying it. They find Belfast a vibrant, positive city; those who have lived there previously are overwhelmingly positive about the changes they have witnessed there over their lifetime. I shall take pleasure in being in Belfast next month and, possibly to the satisfaction of a number of Peers who have already spoken or may be speaking, at Ravenhill later in the year with members of my family cheering on Ulster against some opponents, whoever they may happen to be. I know where my heart lies: with the view that we should not have to deal with this legislation. But the reality is that we are, and we have to deal with something as this cannot go on forever.

I will not go over many of the points that I raised during debate on the Private Member’s Bill, or the amendments I have pursued to other Bills since I first introduced a Private Member’s Bill in March last year, in common with Conor McGinn. I have spoken on five different occasions on the subject and it is therefore self-evident that I welcome the vote that took place. However, the noble Lord, Lord Morrow, raised a particular point, and the noble Lord, Lord Empey, referred to not being sure where people have been. On 1 March, when I withdrew an amendment to another piece of legislation, I made it absolutely clear that I would be seeking another vehicle to move the amendment introducing same-sex marriage in Northern Ireland. That is the phrase I used, and this is another vehicle. An amendment was debated in the Commons—for which there was a substantial majority; one might even describe it as massive—that included a section on the deferment of implementation. When I originally introduced our Private Member’s Bill it had no clause acknowledging that there might be the opportunity for some form of decision-making in Northern Ireland, so I introduced a period during which, if a Government returned to Northern Ireland, they would have the opportunity to confirm that decision—or not.

Time has, however, moved on. I withdrew that amendment on 1 March, and it is now some four months, or 120 days. It is worth noting that at the date in the amendment, 21 October, it will be 1,008 days—I apologise if I am one or two days out—since there has been an effective form of government in Northern Ireland. I repeat the question I have asked on other occasions: how much longer should people wait? When I introduced the Private Member’s Bill on 27 March 2017, there were people listening in the Gallery who were waiting to get married in Northern Ireland. Why should they be denied a right that applies to people in other parts of this country? I do not believe that should be so.

With regard to our workings, the noble Lord, Lord Morrow, referred to the possibility of consultation. I listened at length to yesterday’s debate in the other place. This, however, is the first time that we have discussed consultation. On all the other occasions I have been told no, no, no—it is the responsibility of Northern Ireland. There has to come a point when, sadly—sadly because it is not right that we should be legislating in this place—we have a duty to tackle some of Northern Ireland’s issues.

We can discuss in detail the form of amendments that I hope will be brought forward on Monday. I want, however, to raise a particular point with the Minister. I know that there was a different Minister when we debated previous amendments or Private Members’ Bills. In the other place, the responsible Minister, John Penrose, said yesterday on same-sex marriage, that,

“there are many policy questions to be worked through that have not yet been properly considered for the Northern Ireland-specific context, which might require a different response from the one in England, Wales or Scotland … they should bear in mind that it may need substantial further work before it can achieve its intended effect”.—[Official Report, Commons, 9/7/19; col. 222.]

I understand that point, but when I withdrew the amendment on 1 March I did so because I had been told that the amendments were not available to the other pieces of legislation. I would like—not necessarily this afternoon but when we get to amendments on Monday—an indication of how much progress the relevant government departments have made in preparation since Conor McGinn and I introduced our Private Member’s Bill, and particularly since 1 March, when I indicated that the sole reason I was withdrawing the amendment was that we were told that it would, in effect, stop the rest of the private Member’s legislation, to which my amendment was attached.

Just as we cannot go on waiting for an Executive, we cannot go on waiting for a Government to say, “We need more time to draft and redraft bits of legislation” that I recognise are relevant to any change to same-sex marriage legislation. I shall not delay the House further; my views are well known. I disagree with some in this House. I think this House overwhelmingly shares my view that it is about time that same-sex marriage operated in Northern Ireland in much the same way it does in England, Wales and Scotland. I hope to pursue the matter further on Monday, when amendments are discussed.

--- Later in debate ---

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, it is a privilege and I am humbled to follow the amazing speech of the noble Baroness, Lady O’Loan. I certainly concur with many of her remarks.

From the outset, let me state that my party, my noble friends in this House and I genuinely want to see devolution restored, but what happened yesterday has made that practically impossible. In a few weeks, a new Prime Minister will be announced and Parliament will rise for the Summer Recess. I therefore accepted the very short Bill being proposed; indeed, it is only a few clauses long. It would simply extend two dates and was worthy of support from across the House. That extension period was to extend the time for the devolved Government to be restored by two months, to 21 October, with provisions for a further extension to 13 January next year.

However, it is right to ask why the devolved Administration in Stormont is not functioning. Sinn Féin stated that it brought down the Executive at Stormont because of the RHI situation, but we now know that that was only an opportune smokescreen; the Deputy First Minister was seriously ill at that time so it made a political decision to take advantage of the situation for narrow electoral purposes. Indeed, as far as Sinn Féin is concerned, RHI is no longer an impediment to the restoration of Stormont, even though we do not have the report. Rather, legislation on the Irish language, same-sex marriage and abortion have taken the stage and are Sinn Féin’s red-line demands. We all know that, over the years, Sinn Féin has had an insatiable lust and desire for demands and concessions because, in the past, successive Governments have yielded to republicanism under the threat of the bomb and the bullet. Sadly, neither the Government nor the Opposition have had the guts to call out Sinn Féin over its intransigence. Instead, they have endeavoured to spread the blame across all parties—as we have heard from Members of your Lordships’ House today—even though other parties, including the DUP, were willing to enter the Executive to deal with the pressing issues of health, education, jobs, investment and infrastructure.

Then, of course, there are the many issues surrounding Brexit and its implications for Northern Ireland. Rather than condemning the activity and intransigence of Sinn Féin, Westminster continues to fill its coffers with finances running into tens of thousands of pounds even though Sinn Féin never appears in the other House to represent its constituents. I live in a constituency where there has been no effective representation since 1997 because the absentee MP has not attended Parliament; this is of course overlooked. What has the other House done in return? Yesterday, it delivered Sinn Féin’s demands without its MPs ever attending. So, they do not need to attend because they can be sure that their demands and red lines will be delivered for them, as they have been and continue to be. It is totally unfair and unacceptable that, for two and a half years, the people of Northern Ireland have been left without decisions being made by their elected representatives or by Westminster on the issues that have an impact on their daily lives, such as childcare, special educational demands, the needs of the elderly, youth services, poverty, the lack of social housing or the long list of patients waiting for hospital appointments—basic services that ought to be delivered. I appreciate that making hard decisions on many of these issues is never easy but that is what political leadership is supposed to be all about. That is what politicians are expected to do.

I have listened to some of the comments made today. I know that the Minister said that the reason for the Bill was so that “good governance” in Northern Ireland can continue. There is no good governance in Northern Ireland. My noble friends have mentioned a list of issues that are waiting to be dealt with but the Secretary of State will not take any measures to allow the other House and this House to make progress and allow civil servants to carry on making the major decisions that have an impact on their lives. Indeed, they are not only impacting on their lives—some of those decisions are causing their deaths, because they are waiting for operations they cannot get because no action is able to be taken on some of these issues. People are allowed to die because of that inactivity.

I listened to the noble Lord, Lord Dubs, who said that there is an enormous democratic deficit. I wholeheartedly agree, but is he suggesting that what happened in the other place yesterday has helped us remove that enormous democratic deficit? I say the very opposite has happened, and the price will be paid because of that. I know that the noble Lord, Lord Trimble, who is not with us at present, suggested that it is not the Government’s fault that many of the issues raised by the noble Lord, Lord Morrow, have not been dealt with, but I say to the Government that action needs to be taken. So many of the issues impacting on our community are moved forward, but the Secretary of State has been unwilling to do anything to move them forward. Waiting for devolution—that is the excuse.

I was astounded that the noble Lord, Lord Empey, suggested that Sinn Féin be excused for bringing down the Executive. He talks about issues that were not being discussed. His party—that is, what is left of it in the Province—is at the table. If they are not being discussed, why not? Those issues ought to be on the table. I genuinely feel that the excuse given is once again not only Sinn Féin, but that Sinn Féin has to be equalled with the Democratic Unionist Party. I am fed up listening to that. The Democratic Unionist Party is willing to go into Stormont, form the Executive and take these issues forward. It is one party alone, but no one is willing to call it out because it does not suit the political intelligentsia to do so. Whether it is this House or others failing in their duty to call it out, it is about time it was called out.

I listened with interest to the noble Lord, Lord Bew, and I certainly agree with many of the things he said, but I say to him that to advise the Government to give Sinn Féin the Irish language Act—the last red line it has talked about—is, in actual fact, to put your two fingers in the eyes of the unionist community and poke their eyes out completely. It is not simply a language Act; Sinn Féin has weaponised it as something greater, and therefore that boil has to be lanced if we are to move forward on this.

I have listened with care to what Members are saying in this place. Indeed, the Northern Ireland committee in the other place identified numerous issues left in abeyance without decisions being made, even though some have to do with the greatest basic civil and human right: the right to life. The Secretary of State claimed that the Bill, as originally presented, was essential to give time for the talks process to continue and hopefully conclude with success. However, I suggest that those in the other House who yesterday hijacked the Northern Ireland (Executive Formation) Bill have placed a major obstacle in the pathway to success.

Anyone who cared about or followed the volatile situation in the Province would have known that Sinn Féin had put down the red lines for negotiations—namely, as I have said, same-sex marriage, abortion rights and the Irish language Act. The two matters voted through the House of Commons yesterday and now presented to your Lordships’ House deal with two major, contentious social issues. Same-sex marriage and abortion were the prerogative of the Northern Ireland Assembly and ought to have been left to any devolved Administration to decide, but those in the other place who deliberately piggybacked on a simple piece of Northern Ireland legislation did so not caring for the long-term consequences for the Province. Yes, it is true, as we have been told, that it was passed by large majorities— 383 votes to 73 and 332 to 99—but those who attended the debate will know that the House was empty for most of the occasion until the votes were called.

The people were not moved in the way they voted by the power of the speeches or the eloquence of the debate: rather, it was by their own reasoning or, indeed, perhaps prejudice, irrespective of the consequences. I know that many in the other place—and I was there for 25 years—went home last night believing, “That’s that over, a job well done”. I cannot fully express the horror and shock felt by members of the community in Northern Ireland when they heard the news last evening. No one had any knowledge that a piece of legislation regarding the simple extension of dates to permit the possibility of political progress in Northern Ireland would produce such major social change for the community, without reference to them in any shape or form. The community is disgusted that it has been treated with utter contempt and has been deliberately punished for the failure of Sinn Féin to allow political progress, and the Secretary of State’s unwillingness to bring forward urgent legislation to permit decisions to be taken.

I appreciate that we are living in uncertain times, and it seems that individual representatives in the other place are seeking to stop the desired will of the majority, expressed in the referendum on Brexit, even if it means bringing down their own Government. However, those who use this legislation to command and force major social change on the whole of Northern Ireland have little or no respect for the community. Had they proposed that a report be brought forward on these issues, after appropriate and detailed consultation with the Northern Ireland community, one could have understood—but they went for the overkill.

Reflecting on the recent debate on same-sex marriage, I remember being told—and the noble Lord, Lord Hayward, is here—that another way would be found to bring this legislation in. So in my heart I believe that much of this has been choreographed, and the Government are happy to comply. I ask the Minister a simple question: were any Northern Ireland officials assisting in the drafting of the clauses that were presented to Parliament? Conor McGinn, who moved the same-sex clause, said that the DUP should see it as “an incentive” to get Stormont restored, so that this part of the legislation never comes into effect. One might ask: how naive can some politicians be?

[Lord Hayward]

The noble Lord asked a question directed effectively at myself and in relation to Conor McGinn as well, although he put the question to the Minister. Perhaps I may clarify one specific matter that he referred to. At no stage have I, and almost certainly not Conor McGinn either, had discussions with any government department or any Minister to conspire to introduce such a clause.

[Lord McCrea of Magherafelt and Cookstown]

I acknowledge the noble Lord’s response, but Conor McGinn did make a statement, and it is a naive statement. What incentive is there for Sinn Féin to allow the Executive and the Assembly to be restored before 21 October? It made these two red lines, and its comrades in Westminster have produced the goods. Why would it want, and allow, Stormont to return, to possibly see one or both of these pieces of legislation fail? It is clear that the incentive is not in the hands of the DUP but has been handed by Parliament to Sinn Féin to block progress, to keep the process going until after 21 October, and, in the meantime, to try to get unionists to give Sinn Féin its final demand, the Irish language Act.

This legislation has driven a coach and horses through the principle of devolution and overrides it. It is a major step towards the end of power sharing for a long period of time. What do we need devolved government for, when all Sinn Féin has to do when it is not getting its way is to appeal to its friends in Westminster, who will capitulate to republican demands as usual? One might say, “What is new?”—for that has been done for so many years. No unionist could contemplate agreeing to Sinn Féin’s final demand, or it will be viewed as lying down and letting republicanism walk all over you. For those who suggest that we should tack on some little crumb for the Ulster Scots, I say, “Please don’t insult me”.

Unionist representatives, through this legislation, are being blackmailed. They are being held to ransom by those who suggest that we should capitulate and let republicans have their final demand, and maybe Sinn Féin will allow the Executive and the Assembly to get back before 21 October. This, in my opinion, is a dark day for our Province. The issue of same-sex marriage has been brought forward without consultation or consideration of how to protect those who disagree. At least when the redefinition of marriage took place in the rest of the UK, it was done after a period of consultation and consideration.

I do not think it is possible to overstate the significance of the damage done by the other place. The complete lack of understanding shown by Members there for Northern Ireland is astounding. Rather than feeling valued members of the union today, many feel that they have been held beneath contempt. In all my years in Parliament, I have never witnessed anything like this.

I have been contacted by many people from Northern Ireland who are not only concerned about other issues but deeply grieved about the manner in which the other place treated Northern Ireland yesterday. It would be interesting to know in which other jurisdictions in the world such a major change—for example, in abortion law—has been made in this way, without warning or prior consultation with the people. As has been said, a ComRes poll suggested that 64% of people in Northern Ireland oppose Westminster trying to change the law, with 66% of women and 72% of 18 to 32 year-olds being against it—yet it is being forced on Northern Ireland. Is that democracy? It is enough to make one weep. To add insult to injury, this monumental change has been introduced with total disregard for Northern Ireland.

Just a few days ago I remember preaching a sermon—