European Union (Withdrawal) Bill

Lord Judd Excerpts

Wednesday 21st March 2018 Lords Chamber

[Lord Keen of Elie]

I will certainly give consideration to that point, but it is not immediately clear to me that the clause could be used to evade those limitations. I will address it in due course.

[Lord Judd (Lab)]

Before we conclude this part of our deliberations, I refer back to what my noble friend said. I have every respect for the Minister—I mean that. I am quite sure that he would never, with ministerial responsibility, go against the clear intention of Parliament with these residual powers. But are we absolutely certain, with all the unpredictability and turbulence of politics across the world today, that every possible Administration would act as responsibly as he would?

[Lord Keen of Elie]

I am not sure that I am in a position to answer that question. Nevertheless, when we legislate, we must also legislate as to what a future Administration would do with that legislation. I quite accept that point.

--- Later in debate ---

These are the sort of problems that need addressing soon and urgently if people are to have confidence in the Government’s commitment to the Belfast agreement and the principles that underpin it. I do not wish to be alarmist, but I do not think we should take for granted anything that might happen if we do not address these questions. Recently, I have been reading about events just before and during the First World War, when we saw the Home Rule debacle, the Easter Rising, the Irish war of independence and the Irish civil war—possibly the most terrible of them all. We are playing with fire. I hope the Government are listening and I hope they will take the principles of the Good Friday agreement as setting a demand for action and not just for rhetoric.

[Lord Judd]

My Lords, I am very privileged to have had the insights of those who really are part of the Irish community and to hear how they see things. That is invaluable. It has also been powerful to hear the words of the noble Lord, Lord Patten, with all his experience and integrity.

I emphasise one point: those of us associated with the amendment brought forward by my noble friend Lady Lister of Burtersett are very struck by how deeply perturbed those who are standing for, working in and developing the concept of human rights in Northern Ireland are about the absence of equivalence in the legislation, as things stand. The people of the Republic will have the reassurance of the charter. We are told that the charter is impossible in our future. What will be the equivalence of protection for the people in Northern Ireland—those who belong to the minority and are currently confident, having the concept of the charter behind them? We really must have an answer to this question. My noble friend has pursued it on at least three occasions in Committee without getting any convincing response whatsoever.

I do not mind saying that I was very moved by the words today of the noble and right reverend Lord, Lord Eames. I will never forget him standing at the Cross Benches last Wednesday, when he implored all of us involved in legislation, and the Government, to remember that we were dealing with the most sensitive issues—ones that went right to the hearts of ordinary people as they went about their lives. It is not just a fix—a management arrangement—that we are about, it is about being able to relate to people, their fears and anxieties, their hopes and aspirations.

In that context—I do not want to overplay it, but it is true—since Wednesday last week I have been thinking of the two words that the noble and right reverend Lord emphasised in his peroration. He spoke of the indispensability of consent and trust. We cannot build a future worth having in Northern Ireland—and in the Irish Republic—if something has been foisted on the people as part of a solution to a very complex political issue. It has to give them the feeling that they can develop their lives together in confidence. It has been very exciting for those of us outside Ireland to witness the amount of good work between the different communities in the context of the Good Friday agreement. I ask the Government to take these points seriously and I hope we will get an answer to my noble friend’s question.

[Lord Alderdice (LD)]

My Lords, I am very grateful to the noble Lord, Lord Patten of Barnes, not only for the passionate and articulate way in which he introduced the debate on this group of amendments—particularly Amendment 261—but also for the lifetime of commitment that he has given to the issues of Northern Ireland. That length of commitment speaks a great deal to me, as someone from that part of the United Kingdom.

As the fourth musketeer, as it were, I want to say something slightly different about why I think this amendment is not just important but critical. On 6 December last year, on the fifth day in Committee, Lady Hermon, the honourable Member for North Down, spoke about the key principles of the Belfast agreement in an amendment almost identical to this one. When the Parliamentary Under-Secretary of State for Exiting the EU, Mr Robin Walker, responded, he kept talking about the agreement, the commitment to the agreement, and the way the agreement was backed up. Lady Hermon came back to him saying that the issue was not the agreement but the principles, and he really did not seem to get it, because he kept coming back to saying that they were committed to the agreement and would ensure that the agreement was there.

I want to say why I would go even further than the noble Lord, Lord Patten of Barnes, in saying that it is not just a question of whether this would be a problem or harmful but why this is absolutely essential not that the precise wording of all the amendment is included, but that the principles of the Belfast agreement are included. I shall explain why.

We have had many decades of trying to get agreements in Northern Ireland. We have had them before, and they did not work as a peace process because they did not address the key disturbed historic relationships in these islands. In many ways, this was the understanding that the European project stepped out with, with Monnet, Schuman, Adenauer and so on. They understood that it was the relationships between the different countries and communities that were essential—and, as we know, the whole complicated edifice was created in which there could be co-operation.

One frustration for me is that colleagues who, like myself, are committed to remain, have failed to address the question of why, after 40 years, one of the parties is seeking divorce and many others are very uncertain about whether they want to stick with it. My own view is that, as time went on and we moved from the first generation of those who were committed to those who were there later, we moved from the things that were put in place as the instruments to ensure the fundamental purpose of the project, which was to stop war and build relationships. The instruments were things such as the market, the common currency, and the opportunity for European political leaders to be at the top table of global affairs. Those instruments became the purpose of the exercise for many of those who were involved. When in any set of relationships the instruments of the relationship become a substitute for the purpose of the relationship, the relationship is already beginning to fail.

My concern is about the commitment to the Belfast agreement, a legislative agreement with a commitment to certain kinds of constitutional and institutional matters and a commitment, as the noble Lord, Lord Patten, knows well, to changes in the administration of justice and changing policing—all the important things, including the things that are mentioned in the other amendment about human rights. Those things will not keep the relationships alive if we forget that the relationships are the key issue. That is why I want to see the principles written into the Bill.

When I was involved in the process, we came to a point of understanding this in a very long and painful way. Most of those with whom I was involved are no longer involved politically, or even around at all. As I look around, I see those political leaders who represent the three key relationships not understanding what it was about—the relationship between political leaders in Northern Ireland. We are a long way from the relationships between David Trimble and Seamus Mallon, never mind those between Ian Paisley and Martin McGuinness. Let us not forget that Dr Paisley was not too keen about the Belfast agreement when it came out in the first instance. But the relationship between the political leaders in Northern Ireland does not have the same constructive engagement now. In the relationship between north and south, we are being pulled apart—sometimes by those who say that they want to unite the island. What about the relationship between London and Dublin, between the British and Irish Prime Ministers? Think back to the kind of relationship there was between John Major and Albert Reynolds, or between Tony Blair and Bertie Ahern. We do not have that kind of relationship in either direction.

The European Union itself was the model and the inspiration; it was the container for the relationships that kept the British and Irish Governments together and working, so that when John Major and Albert Reynolds became Prime Ministers, they had already been Finance Ministers and worked together, and they said, “We know it’s impossible but we’re going to have a go”.