Identity and Language (Northern Ireland) Bill [HL]

Lord Kilclooney Excerpts

Committee stage
Wednesday 22nd June 2022 Grand Committee

[Baroness Suttie (LD)]

My Lords, I echo the sentiments in the speech by the noble Lord, Lord Murphy. Briefly, I repeat that of course we believe that it would have been hugely preferable for the Northern Ireland Assembly and the Northern Ireland Executive to be dealing with these issues today. As a strong believer in devolution, I always believe that these issues should be dealt with by the politicians closest to those who are involved. Indeed, I was speaking earlier to the noble Lord, Lord Empey, and confessing that it is difficult for people who are not from Northern Ireland to understand some of the sentiments and the passions that stem from this Bill.

As your Lordships’ Constitution Committee said in its brief report this week, it would of course be preferable for the Northern Ireland Executive and the Northern Ireland Assembly to have been dealing with these issues, but none the less, as the noble Lord, Lord Murphy, said, New Decade, New Approach was agreed by the majority—not all—of the parties in Northern Ireland. That was over two years ago and it is now extremely important that we make progress on these issues of identity and language.

The amendments in this group are probing amendments and are primarily about ensuring that the rights of others are respected and that promotion of one cultural and linguistic diversity does not lead to prejudices against the other. It is important that the “sensitivities” of others are not interpreted as encompassing prejudice or intolerance to another’s national or cultural identity. It is also important that proper consideration is given to any potential unintended consequences of the Bill. The word “sensitivities” risks being interpreted subjectively. As the noble Baroness, Lady Hoey, suggested at Second Reading, it might be preferable to align the qualifications with the international standards set out in the European Convention on Human Rights.

I have added my name to Amendments 5 and 6, which, as the noble Lord, Lord Murphy, said, are both probing amendments. I will concentrate my remaining on Amendment 6, which highlights the importance of remembering other languages used in Northern Ireland, including all spoken languages and sign language. It is important that the measures in the Bill do not lead to exclusion of the new communities in Northern Ireland, who do not have any particular affinity to either Irish or Ulster Scots. I am thinking of the fairly extensive Polish, Lithuanian and other eastern and central European communities, as well as the Chinese community, particularly in Belfast and Dungannon.

[Lord Kilclooney (CB)]

Hear, hear.

[Baroness Suttie (LD)]

The noble Lord is from Dungannon, I understand. No? Forgive me.

The Belfast/Good Friday agreement made reference to

“the importance of respect, understanding and tolerance in relation to linguistic diversity, including … the languages of the various ethnic communities, all of which are part of the cultural wealth of the island of Ireland.”

Can the Minister say whether thought has been given to developing a comprehensive and needs-based language strategy, which includes all the other languages used within Northern Ireland, including sign language?

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[Lord Kilclooney (CB)]

My Lords, very briefly, we are talking about equality and respect, but are we also talking about equality and respect for both regional and minority languages? I employ around 200 people across Northern Ireland. A few speak Lithuanian, a few speak Polish, but I am not aware of any who speak Irish. It is very important that we do not assist or encourage those who want to politicise the issue of the Irish language. I believe that there must be great respect for the Irish minority language in Northern Ireland, and I do not think that it is helped by those who try to politicise it. I therefore ask the Minister to make it clear that this legislation will not discriminate against minority languages and favour regional languages.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

Amendment 18 in this group would amend the duty on public authorities to one of compliance with best practice Irish language standards from one of due regard. This proposal is not faithful to the drafting of NDNA, which states that one function of the Irish language commissioner is to consider

“complaints where a public authority has failed to have due regard to those standards.”

By implication, the duty on public authorities is not one of compliance but of due regard; that distinction must be respected. A duty for compliance would potentially require public authorities to adhere to specific guidance despite their being cogent reasons for not doing so. It is unclear whether this approach would lead to public authorities becoming legally liable for not acting on a consideration of competing human rights. A due regard duty is not a loose concept, as this amendment seems to imply. It means that a person under the duty is not free to disregard but must consider all relevant considerations.

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[Lord Caine (Con)]

I am extremely grateful to my noble friend, who makes a very powerful point. I agree with him entirely on those matters. The national flag—the union flag—is the flag of Northern Ireland. There is absolutely nothing in this legislation that will undermine the position of the union flag or force anybody to fly an Irish tricolour—or any other flag, for that matter—alongside it.

[Lord Kilclooney (CB)]

I have very bad hearing, and I did not hear whether the noble Lord used the Sinn Féin term of “north of Ireland” or “Northern Ireland”. Which was it?

[Lord Deben (Con)]

I was talking about Northern Ireland, which is the constitutional phrase for the six counties which make up—

[Lord Kilclooney (CB)]

That is not the answer to my question.

[Lord Caine (Con)]

My Lords, I think we should probably move on. In summary, the provisions of the Bill—

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[Lord Empey (UUP)]

My Lords, I must say, I take a similar view to the noble Lord, Lord Morrow. For three years, when the Assembly was closed following Sinn Féin’s withdrawal in 2017, the noble Viscount, when he was answering at the Dispatch Box, would say, “Well, because of the Sewel convention, we cannot do this; it is a devolved matter. The Northern Ireland Office cannot do that”. We now seem to have moved. We do not hear the Sewel convention mentioned very much around this place. We seem to have a situation now where, effectively, we are fireproofing bits of legislation against disagreements even though they may be legitimately expressed and exercised by Ministers in Northern Ireland.

The whole mechanism that was agreed in 1998 is not what many of us would ultimately like, but the concept of a mutual veto is there for a purpose. We would not have devolution, as the noble Lord, Lord Murphy, knows, if people did not feel a sense that they each had a hand on the steering wheel. As the noble Lord, Lord McCrea, mentioned, some of the people with whom we have shared power are not necessarily dinner companions. Once you take away the exercise of a veto, you take away a part of the settlement.

I know that colleagues here did not agree with it in 1998; I am well aware of that, and I understand the rationale for it, but perhaps they now understand our rationale for not agreeing with New Decade, New Approach. As far as I can see, all people would have to do is not agree, and all that those who would like to see a particular measure would have to do is sit on their hands and wait for the Secretary of State to overrule. If we get into that, Sewel is out the window and you start to decay the whole process; we need to take very great care that we do not undermine it. It is an awkward, difficult and complicated system because, if you know that you do not have to agree with the person across from you, the temptation is to wait it out until the Secretary of State intervenes and takes your side.

For a brief period, I held the office at the OFMDFM. I know how complicated this is. The first week I held the office, I and the Deputy First Minister could not agree on the notepaper; as a consequence, the department could not send a letter out for a week until we agreed. We agreed because we had to, and we got a compromise. However, if I had known that I could sit it out and that the Secretary of State would come over and take my side, I would have been under no obligation to agree.

[Lord Kilclooney (CB)]

He would not have taken your side.

[Lord Empey (UUP)]

Or the other side. Whichever—the point is still valid. I am just saying that, if you throw out or undermine the concept that people have to agree, however difficult it is, for one thing, the temptation is that it will spread. That will be my only contribution.