Northern Ireland (Executive Formation and Organ and Tissue Donation) Bill

Lord McCrea of Magherafelt and Cookstown Excerpts

2nd reading
Monday 27th February 2023 Lords Chamber

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, I thank the Minister for his introduction to this legislation and agree wholeheartedly with his opening remarks concerning the murderous attack on DCI John Caldwell. The attack happened in Omagh, and he came from Beragh. I represented that area for 14 and a half years. I am thankful that his life may have been spared but it is tragic that, we are told, he will have life-changing injuries if he comes through and survives. We extend our good wishes and earnest prayers to John and his wife and family. We thank God that his little boy was spared; however, he was not spared the horrors of watching his father being gunned down in front of his eyes.

While I welcome the fact that five leaders at Stormont stood with the chief constable in condemnation of this dastardly, despicable attempted murder of John, it is sad, and has to be condemned that Sinn Féin yesterday honoured the 35th anniversary commemorating Brendan Moley and Brendan Burns, who were on a mission to murder members of the security forces. With one side of the mouth they condemn, then their actions prove that their hearts have in reality not changed. To move forward in Northern Ireland, a big step will have to be taken in proving to the people of Northern Ireland that Sinn Féin has completely turned its back on its terrorist past.

It is also regrettable that, on this day, His Majesty has been brought into the situation concerning the discussions between the European Commission President and the Prime Minister. This was a cynical act by the Government and has certainly done nothing to enhance their reputation among the unionist population of Northern Ireland, who are loyal citizens and subjects of His Majesty the King.

In many ways, this debate is overshadowed by the other developments happening today. As I said, the Prime Minister and the European Commission President are meeting and we are told that they have signed off a new agreement on the protocol. Yet they did so without the elected representatives of the people of Northern Ireland having seen it. They have not learned the lessons of the past. The DUP will not be blackmailed or cajoled by anyone into accepting any deal that is not in the best interests of Northern Ireland and does not fulfil the seven tests set out by our party. These tests are grounded not in a unionist wish list but in promises that have been given to the people of Northern Ireland. For us, the stakes could not be higher, as the protocol that is already being operated poses the greatest threat to the integrity of the United Kingdom and Northern Ireland’s part in it.

I will wait for the apology that will be forthcoming from Sinn Féin, the Alliance Party and the SDLP, who called for the rigorous implementation of the failed protocol, which they now acknowledge had to be done away with or replaced by another agreement. Our party is not out to enhance the credibility of the Prime Minister, the Secretary of State or indeed anyone within the unionist family. All along, our genuine concern is for the future well-being of the people of Northern Ireland. It seems that all efforts are being put into trading matters. These are indeed very important for the prosperity of Northern Ireland businesses but there is a vital constitutional matter, which must be faced up to honestly and honourably, concerning who governs us. Northern Ireland has in effect been left in the single market for goods and is still bound by many EU regulations and subject to a foreign European court. We are being treated differently from the rest of the United Kingdom; no real unionist can accept the people of Northern Ireland being treated as second-class citizens within our kingdom. The Minister should not be surprised that the Assembly has not been able to function over the past year when, through the protocol, the fundamental consent principle has been removed.

We cannot judge what this so-called deal will or will not hold but the protocol presently being operated violates the Belfast agreement and its commitment to uphold the rights of the people of Northern Ireland to

“pursue democratically national and political aspirations”

with respect to all the laws to which they are subject. The Assembly was brought down because of the democratic deficit, where the protocol stripped the people of Northern Ireland of their rights in relation not only to 300 laws but to 300 areas of law to which they are subject. Currently, 670 laws have been imposed, and the number is rising all the time. This constitutes an attack on other legal protections, such as Article 25 of the International Covenant on Civil and Political Rights, and would be wrong whether or not the Belfast agreement existed. It is deeply offensive when we are being told daily that the Belfast agreement is considered one of the most famous treaties in the world. Indeed, many of our laws are being forced upon us, having been decided in Brussels, without being scrutinised by our Members of Parliament at Westminster. If the past 50 years teaches us anything, it is that, if political arrangements are to last, they require support from right across the community.

I was somewhat disappointed by the threat, as it were, from the noble Lord, Lord Alderdice, to the unionists: “If you do not accept this, remember, you are going to be governed by Dublin”. The noble Lord was a Member of the Northern Ireland Assembly many years ago. He was elected by the people of Northern Ireland then, before he left the Province. I suggest to him that he ought to know better than to threaten the unionist population with Dublin rule if they do not abide by what has been decided for them.

I have no doubt that the great and the good, Uncle Tom Cobley and all, will be wheeled out to sell any deal whether it satisfies genuine unionist concerns or not, but that will not move my party from faithfully adhering to our legitimate and stated tests. I will not prejudge what the Prime Minister has to say but any deal must fulfil the guarantee of the sixth article of the Acts of Union 1800, which requires that everyone in the United Kingdom is to

“be entitled to the same privileges and be on the same footing, as to”

goods in “either country” and in respect of trading in the United Kingdom. Under the present protocol, this is clearly not the case. It will take more than words at a press conference or an address to Parliament to convince the people of Northern Ireland because it will be of vital importance that, on the constitutional position, the unionist population study carefully the actual text of any agreement.

I will not say that we will be served up with a bowl of fudge later on tonight, as in the past, but the unionist people need clarity. That is why our legal experts must scrutinise every line of the deal. There cannot be a restoration of the Assembly at Stormont until the unionist community is satisfied that there is integrity in the deal. We are certainly not going to allow any politician to pull the wool over the eyes of the people of Northern Ireland. We will look the people of Northern Ireland in the eye and in the face; if it is right for Northern Ireland, we will agree, but if it does not fulfil the seven tests—especially the constitutional test—that cannot be right for the people of Northern Ireland.

We wait to see but, in the meantime, we have the executive formation Bill. It is essential, to allow the political parties to carefully consider the way forward, to have that legislation passed in this House.