Northern Ireland (Executive Formation) Bill

Lord Murphy of Torfaen Excerpts

Committee: 1st sitting (Hansard): House of Lords
Monday 15th July 2019 Lords Chamber

[Lord Hayward (Con)]

I support what the noble Baroness, Lady Harris, has just said—in contradiction to what Lord Cormack said. I would support his amendment if I believed there would be a benefit in going beyond 31 October to a date some time after Brexit. However, there is serious advantage in having a target date before the Brexit date. Many of us in this House think all sorts of complications may arise from 31 October, whatever format we leave the European Union in. A target date before then is therefore sensible.

As I said at Second Reading last week, it has been just over 1,000 days since the Dissolution of the Northern Ireland Assembly in early 2017. It has been a lot longer since the last vote on same-sex marriage, in which a majority of Members of the Northern Ireland Assembly voted in favour of introducing it. Like the noble Baroness, Lady Harris, I oppose this amendment.

[Lord Murphy of Torfaen (Lab)]

As indeed does the Labour Party. I understand the rationale behind the amendments. We are in the holiday season—marching season. There is no Prime Minister, there could well be a new Secretary of State and Brexit looms over everything. It is not exactly the best time to try to come to an agreement. I understand the logic, but my fear—expressed by other Members of the Committee—is that there is a problem of drift.

The noble Lord, Lord Trimble, referred to the Good Friday agreement; he will remember when Senator Mitchell said that he was going home on 10 April. He had had enough and put down a deadline. It was ultimately because of that deadline that the political parties and Governments in Northern Ireland eventually came to a conclusion. If we take away a deadline, we take the pressure off the parties and the Government.

The parties obviously have a huge responsibility in trying to ensure a resolution. As I said at Second Reading, the issues that they have to resolve in Belfast at the moment pale into insignificance compared to those that had to be decided 22 years ago. There is nothing preventing this happening other than basic mistrust. I worry that the whole thing will inevitably drift towards direct rule if we keep on extending.

[Lord Forsyth of Drumlean (Con)]

I can see the logic—and, indeed, the power—of the noble Lord’s argument about a deadline leading to a resolution. But can he explain why he is not taking exactly the same view on Brexit?

[Lord Murphy of Torfaen]

That is because we are not dealing with Brexit at the moment, but with Northern Ireland. Had we resolved the Northern Ireland situation over the past two years, we would possibly have resolved the backstop issue. Had we done that, Brexit could have been much easier. However, the Government have not been negotiating well on either issue.

I do not hold huge confidence in our new Prime Minister—assuming it will be Mr Johnson—or his interest in Northern Ireland. However, I hope that the Secretary of State, whoever that might be, will be able to concentrate on the issues in front of us. The Irish and British Governments are joint guarantors of the Good Friday agreement. They must therefore do an awful lot more over the coming weeks to ensure that these dates are met.

We have suggested, for example, that there should be an independent adjudicator or chairman such as George Mitchell, and all-party meetings—not just meetings of the two parties—to resolve these issues. Above all, there must be constant pressure on the two Governments, who must constantly be present, at the highest levels in Belfast to resolve this situation. There is always a reason why we cannot come to a conclusion in Northern Ireland—there always has been: elections for this, elections for that, marching season or whatever it might be. We cannot go on like this. Of course, the Bill as it stands means that we can go on to January, though I hope we will not have to do so. But Parliament is losing patience in all this.

Decisions must be made in Northern Ireland by Ministers of one sort or another. I would be utterly opposed to the reintroduction of direct rule. As a former direct rule Minister, I always felt that I should not be taking those decisions. But we cannot go on like this. That is why the Opposition will support the Government on this issue and not, I fear, the amendment of the noble Lord, Lord Cormack, and his noble friends.

[The Parliamentary Under-Secretary of State, Northern Ireland Office and Scotland Office (Lord Duncan of Springbank) (Con)]

My Lords, the noble Lord, Lord Murphy, said that Parliament is losing patience. It is more serious than that. The people of Northern Ireland are losing patience with this process. In our Bill today, we seek to give a little more time—to extend the deadline that falls in August to October, with the potential for an extension onward to January. In so doing, we recognise the value of a deadline; it is required to ensure a consequence for those at the table if there is a failure. The first step, if there is indeed a failure, will necessarily be an election in Northern Ireland and thereafter, that step that none of us here would wish to take: towards direct rule.

My noble friend Lord Cormack puts forward his amendment in the correct spirit, as he always does in these matters. In many ways, I welcome what he is trying to do: he is exactly trying, as we have tried for some time, to give space for the parties in Northern Ireland to reach the necessary steps and conclusions to form an Executive. But there comes a point when you cannot keep kicking that can down the road. The parties in Northern Ireland must recognise that there can no longer be an absent Government, or a situation in which we here are called upon to do the bare minimum to keep ticking over the Government and governance of Northern Ireland.

I believe these deadlines give enough time for those parties to come together—and they are close together—and to reach the resolution they require. If they fail to do that, we will have to act. My right honourable friend the Secretary of State for Northern Ireland has today travelled back to Northern Ireland to try to move these matters forward. There can be no let-up in the pressure or, indeed, the presence. I welcome the contributions of all noble Lords in this debate and previous debates to try to move these matters forward. Ultimately, this is a matter for Northern Ireland. While I understand the sentiment behind the amendment —to give that little bit more time and that safety valve, should it still be required—unfortunately, I do not on this occasion believe that that will deliver. Only a deadline will deliver, and I believe that deadline should be sooner rather than later. I recognise the landscape in which these deadlines fall; it is not where we wish to be.

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[Lord Browne of Belmont (DUP)]

My Lords, I firmly believe that there should be full openness and transparency regarding donations and loans to all the political parties in Northern Ireland, just as there is in the rest of the United Kingdom. As many noble Lords will be aware, the Secretary of State sought the view of all the Northern Ireland political parties on this matter in January 2017. As I emphasised in February 2018, there was clear support for full transparency. However, only one party—the Alliance Party—took the rather unusual position that the implementation of the new rules should be backdated to January 2014.

I acknowledge that the earlier date was referred to in the Northern Ireland (Miscellaneous Provisions) Act, but in my view retrospective legislation is acceptable only in exceptional circumstances. It is not fair to reveal the identities of those who made donations assuming that the law at the time would always apply. It is strange that the noble Lord, Lord Bruce, is intent on reopening issues that have been fully considered in the House and elsewhere, rather than concentrating on providing an effective framework for the future. The treatment of foreign donations to Northern Ireland political parties, for example, is an important and unresolved issue. The Electoral Commission is in full receipt of all the facts regarding donations before 2014, so although I support full transparency, I believe that the date of 2014 is a fair way to treat this.

[Lord Murphy of Torfaen]

There is something which is right about the amendments tabled by the noble Lord, Lord Bruce: the whole of the United Kingdom should have similar regulations regarding transparency of donations and loans. The Committee will be aware that for decades this was virtually impossible in Northern Ireland, because people would be intimidated and worse if their donations to various political parties were made public and they were identified as possible targets. That was an obvious reason why the law in Northern Ireland was not the same as it was in the rest of the United Kingdom. Happily, the world has changed. There should be regulations which are common to all parts of our country.

There is an issue about people who were unaware when they gave donations that their names would be revealed; would they have given them if they had known that? We must take this into account, but we must not allow Northern Ireland to be used as a back-door conduit for donations simply because the law and regulations in Northern Ireland are different from those in the rest of the United Kingdom.

[Viscount Younger of Leckie (Con)]

My Lords, the noble Lord, Lord Bruce of Bennachie, raises an important matter through Amendment 8, one that I know your Lordships take a keen interest in. As he pointed out, the donations and loans order that came into force last year provided complete transparency for donations and loans made to Northern Ireland parties from July 2017. At that point, we said that we would look again at the regime in due course to see if further changes should be made. Our feet have certainly been kept to the fire. I was very impressed with what has happened in and out of the Chamber, as outlined by the noble Lord.

I can confirm that the Government are happy to report to Parliament on the progress that we have made on the issue of donations made to political parties in Northern Ireland from 2014. The Government have no concerns in accepting the noble Lord’s amendment today, and I am pleased that the noble Lord, Lord Empey, indicates that this is not unreasonable to the people that he has been in touch with. I have also noted the points raised by the noble Lord, Lord Browne of Belmont.

Amendment 22, tabled by the noble Lord, Lord Bruce, would insert a new clause into the Bill compelling regulations to be made on this issue. I know that this is a matter of concern to the Committee, as I have said. We have debated more than once how we might make progress on this complex issue.

During consideration of the transparency of donations and loans order last year, we made it clear that we intend to work with the Electoral Commission and Northern Ireland parties to establish whether further changes are required to the existing regime. However, we have made no commitment to legislate further on this matter. As always, on this issue it is important to move forward on the basis of consensus in Northern Ireland, and we will be consulting the parties. It is not appropriate to commit to making legislation on this issue before consulting the Northern Ireland parties.

We intend to look at the Northern Ireland donations regime as a whole. I realise that these are difficult and sensitive issues and I repeat that we look to move forward with consensus in Northern Ireland. But we cannot accept the noble Lord’s Amendment 22, and I urge him not to move it.

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[Lord Bruce of Bennachie]

I defer to the noble Lord on the figures and I accept that there is an issue in this. I understand the point made by the noble Lord, Lord Empey, about balancing supply and demand, but, having represented a Scottish constituency for decades, I have to say that we are in part the beneficiaries of that lack of places because Scotland is a popular destination for medical students from Northern Ireland. Because of the mismatch, when students from Northern Ireland come to Scotland to study medicine, they tend to stay, which does not help the supply of doctors for Northern Ireland. We have an advantage in Scotland in that we have four, or possibly five, medical schools, if you count the undergraduate school at St Andrews, and we train some 20% of the UK’s doctors. It does not always have to be a balance of local students; you can attract students from elsewhere. Indeed, surely the essence of what we are trying to do in Northern Ireland is to make it the kind of place that people want to come to and stay, along with somewhere for which local people can see a future.

I agree with the basic point being made, but my main point in intervening was because of my direct engagement on the issue of the Magee campus. I am looking at the work being done across the piece and the frustration of the university. It has something that it can go ahead with, which would achieve the targets. I think we are talking about 80 to 100 medical students, which were the numbers given to me. In that context, anything the Minister can say that would give the people of Londonderry a more positive sense that this could go forward would be welcome.

[Lord Murphy of Torfaen]

I understand that point. Of course the city of Derry would be enhanced by a larger university presence. There are two very fine universities in Northern Ireland—Queen’s University, Belfast and the University of Ulster—so all that my noble friend Lord Adonis, has said is absolutely right. We would support him in his amendment to ensure that a report is produced on progress with university provision in that part of Northern Ireland.

However, this Bill is about restoring the Executive and the Assembly in Northern Ireland, and that is the only way properly to ensure that these improvements are made. I fear that there is a tendency—noble Lords will see it in the Bill—towards creeping direct parliamentary rule coming into our proceedings. It is not that the Government are providing Ministers for Northern Ireland, rather that Parliament is asking for report after report on all the different issues that affect the people of Northern Ireland. Later, the noble Lord, Lord Empey, will raise a number of hugely important issues that call for reports on matters that are for the Assembly and the Executive. Ultimately, the answer for those in the city of Derry who want these things to happen is to talk to those politicians who can bring the Assembly and the Executive together in Northern Ireland. There is a Sinn Féin MP in the city of Derry—for Foyle. Perhaps he or she—I do not recall who it is because they do not attend the House of Commons—should be approached, as should the Members of the Assembly to get the Assembly and the Executive up and running. You can then deal with the issues affecting higher education and so on; that is the key to all of this.

We could talk for ever in this House and the other place about reports and what we would like to see, but ultimately, in the absence of direct rule—

[Lord Maginnis of Drumglass (Ind UU)]

I am grateful to the noble Lord for giving way. Having worked in Northern Ireland, he will realise that 90 miles takes you from one side to the other. It is a comparatively small place. If we are to have a medical school, what on earth has happened to the medical school at Queen’s University? Other universities used to be jealous of it. Since hospital services tend to be centred on Belfast—we have seen the recent example with tests for breast cancer—how can we justify setting up another medical school? I have nothing against the city of Derry, but how can we justify setting up another a mere 90 miles away when medical care is, by and large, centred in Belfast?

[Lord Murphy of Torfaen]

It would not be for me or anyone else in the House to determine that. It would be a matter for the Ministers responsible for higher education and health to determine. Of course, the noble Lord is right to refer to the medical school at Queen’s University, Belfast. In my home village of Abersychan in south Wales, three of our family doctors were educated at Queen’s, and fine doctors they were too. But of course, Northern Ireland exported them, as it exported other people, and they did not come back. The issue is not whether people should or should not be educated at Queen’s, but whether there should be better higher education provision in the city of Derry, including medical studies. That is a matter for the Assembly and the Executive. As soon as they are up and running, they can make those decisions, but it is not for us to make them; it is for the devolved Administration in Northern Ireland so to do.

[Viscount Younger of Leckie]

My Lords, the noble Lord, Lord Adonis, has raised important issues and I am grateful to him for doing so. I appreciate having again a short debate with him on higher education matters, here on a very specific issue. I recall from previous debates that the noble Lord has visited Northern Ireland, so it acts as a bit of a link when he raises these matters today.

Higher education, and indeed education services as a whole in Northern Ireland, have been raised in various debates in the House over the past two years. It is clear that education is an important area that needs strategic decisions on future reform. That is vital to ensuring that all children and young people in Northern Ireland have the opportunity to fulfil their full potential. On the issue of establishing a university in Derry, I am aware that the city and the wider north-west has a pool of talent to be nurtured, and I know of the excellent University of Ulster Magee campus in Derry city centre. I am also aware, as I believe are a number of noble Lords, of plans potentially to establish a medical school in Derry, as mentioned today. I am keeping a close eye on the progress of this proposal in the context of delivering the Government’s commitment to a Derry and Strabane city deal. However, while I know that the noble Lord, Lord Adonis, knows this, measures to improve higher education, such as to invest in a new medical school or university anywhere in Northern Ireland, are devolved matters. It is this Government’s fervent hope that Northern Ireland’s political leaders can see their way to agreeing to restore the devolved institutions so that locally accountable leaders can take the strategic policy decisions needed to make progress. The noble Lord, Lord Murphy, has spoken eloquently on these points. Perhaps I may reassure the Committee that the Secretary of State is making every effort to ensure that the ongoing talks process is a success.

The noble Lord, Lord Adonis, made a point about there being not enough university places in Northern Ireland, a point of which I think the Committee has taken full note. I am grateful for the views put forward about the situation on the ground by the noble Lord, Lord Empey, and the noble Baroness, Lady O’Loan. That has been helpful to the Committee. Higher education provision is crucial to ensuring that we have the skills for the future and opportunities for our young people. They should have the choice to study at universities across to UK.

As the noble Lord, Lord Murphy, pointed out, there are two universities in Northern Ireland: Queen’s and Ulster. Ulster University has several campuses, including the Magee campus where a range of courses are offered, including in professions such as law and accountancy. As mentioned, Queen’s University runs a medical school, and discussions on a medical school at Magee are ongoing.

Decisions on places are a matter for the government department in Northern Ireland. As this is a devolved matter, I will not purport to be able to significantly enlighten the Committee on the substance of the important issue that the noble Lord, Lord Adonis, has raised. But in light of its importance—here I am for once on the same side of the fence as the noble Lord, Lord Adonis—I am happy to accept the amendment and to commit to reporting on progress on the issue.