Northern Ireland (Executive Formation and Exercise of Functions) Bill

Lord Lexden Excerpts

2nd reading (Hansard): House of Lords
Tuesday 30th October 2018 Lords Chamber

[Lord Lexden (Con)]

My Lords, it is almost a year since the noble Lord, Lord Rogan, and I both had the honour to be appointed Deputy Speakers in your Lordships’ House. I have to say that he at once acquired a position of efficiency that I am still striving towards.

One of the many serious matters on which we have been reflecting today is the fact that for the best part of two years public services in Northern Ireland have been under the control of civil servants unaccountable to elected representatives, the first time that this has happened in any part of our country in the modern era. A visitor from another planet might perhaps wonder why those elected representatives serving as Ministers in the Northern Ireland Office cannot assume control temporarily, with additional appointments being made to cope with the greatly increased work. The answer that our political leaders would immediately give to such an impertinent visitor is of course that that would violate the devolution settlement. It is the settled conviction of the leaders of the main political parties that any amendment or modification of the devolved settlement in Northern Ireland, however slight or temporary, would bring disaster down upon us. Such dogmatic rigidity is unusual in the mainstream of British politics, where pragmatism normally reigns to the benefit of our country.

The reality is that the Government are content that public services in Northern Ireland should remain for the time being in the hands of unaccountable civil servants. How fortunate we are that their integrity and impartiality are admired so widely and justifiably. They certainly deserve the clarification and confirmation of their powers that the Bill will provide so that they can continue to discharge their responsibilities successfully.

No new policy can be created, we have been firmly told; the Secretary of State said last week that the Bill was,

“about allowing civil servants to make decisions that have been part of a policy that has previously been agreed”.—[Official Report, Commons, 24/10/18; col. 300.]

That means, of course, policy agreed by the Northern Ireland Executive before it went out of business nearly two years ago. Time moves on and circumstances change, but policy remains in the state in which the Executive left it nearly two years ago. Yet policy needs to advance, desperately and urgently, in those long-established services on which people depend for their daily health and well-being: health, education, housing and welfare. My noble friend Lord Empey, one of my greatest friends in this House, has spoken with passion on several occasions, including this afternoon in what the noble Lord, Lord Adonis, rightly described as a brilliant speech, about the appalling NHS waiting lists in the Province. My noble friend has suggested that the Northern Ireland Office should assume responsibility on a purely temporarily basis to tackle this crisis, a point endorsed by other noble Lords. “Oh no,” comes the reply, “that would breach the devolution settlement”, as if it were holy writ. Can it be right that our fellow countrymen and women in Ulster should suffer such distress—there are many other examples, some of which have been mentioned today—when a remedy could be supplied by the Government, who have the ultimate responsibility for the entire country?

In all this, one very important point tends to be overlooked: the Northern Ireland Assembly is the Province’s upper tier of local government as well as a devolved legislative body. One of the last acts of the Stormont Parliament of 1921 to 1972 was to make provision for the transfer of all the main local government services, on the very sensible grounds that Northern Ireland was not of sufficient size to warrant a range of county and county borough councils as well as Stormont itself. Today only very minor powers are exercised by Northern Ireland’s lower tier of local government, its district councils. Does Northern Ireland really need to be completely deprived of democratic oversight of all its main local government services because an Executive cannot be formed to exercise devolved legislative powers?

The creation of some form of interim committee structure in the Northern Ireland Assembly elected last year has been urged on several occasions by my noble friend Lord Cormack—who is not in his seat at the moment—drawing on his experiences as a distinguished former chairman of the Northern Ireland Select Committee in another place. The fertile mind of my noble friend Lord Trimble might perhaps also be moving in this direction. He has spoken, as he reminded us, of various possibilities in the past and we look forward to hearing more from him later. Some such arrangement would help rescue local government from the democratic limbo into which it was cast when the Executive collapsed.

Two issues of human rights, about which many people are now deeply concerned, loom large in this debate. I have frequently called for the extension of same-sex marriage to Northern Ireland—an issue which the noble Lord, Lord Hayward, has recently associated himself with by introducing a Bill in your Lordships’ House, and in which the noble Lord, Lord Adonis, is now taking a welcome interest. I hold to the straightforward unionist principle that the same basic rights should apply throughout our country. On same-sex marriage, opinion polls in Northern Ireland are overwhelmingly in favour of bringing Northern Ireland into line with the rest of the country. The Assembly voted for it before its collapse. Would it be appropriate to seek a further vote in the Assembly elected last year to provide the strongest possible basis on which to proceed in this Parliament in the absence of devolved government? Should abortion—on which feelings run so high in all parts of the country—be treated in the same manner or, as the noble Lord, Lord Alderdice, suggested, should there be a referendum? These points need serious consideration.

I make one further point. How much better things would be if we had a common core of human rights throughout our unitary state—our “precious union”, as Mrs May referred to it. That would be a matter, perhaps, on which a Select Committee of your Lordships’ House could usefully deliberate. I reach one simple conclusion: the successful government of Northern Ireland in the conditions that exist today, and which we must expect to endure, requires rather more imaginative policy-making than is currently being practised.