Northern Ireland (Ministerial Appointment Functions) (No. 2) Regulations 2019

Lord Murphy of Torfaen Excerpts

Monday 9th September 2019 Lords Chamber

[Lord Murphy of Torfaen (Lab)]

My Lords, this is a short debate and an important one. The Opposition will support the Government on the regulations, for obvious reasons, because appointments in Northern Ireland could not be made unless we did. But the Minister must be aware from the tone of the contributions made in the past hour that this debate is really about the restoration of the institutions in Northern Ireland.

In a sense this regulation is a precursor to direct rule, and we are drifting drearily and inexorably towards that. That would be calamitous. I was a direct rule Minister in Northern Ireland for five years. I enjoyed being there, and I enjoyed doing the job—but it was quite improper that I was doing it. If we have direct rule it will mean an English, Welsh or Scottish Minister, or a combination of such Ministers, taking decisions in Belfast for people who live in Northern Ireland. That is wrong, in every democratic sense.

The Minister’s new boss is apparently on resignation watch, according to the newspapers this morning, on the basis that he is—quite rightly—troubled by the fact that if there is a no-deal Brexit there will be, as my noble friend Lord Hain has said, no proper Government in Northern Ireland to deal with the enormous problems that would result from the catastrophe of no deal. We cannot leave the government of Northern Ireland to civil servants in those circumstances.

When the Minister and his Secretary of State go back to Belfast, can he not make it plain to the political parties in Northern Ireland that we are now in a situation totally different from the situation two months ago, and that urgency and intensity are necessary to bring about the restoration of the institutions, because of Brexit? Brexit dominates everything, and during the past three years the Brexit negotiations in Brussels and London have been skewered because there have not been parallel negotiations regarding Northern Ireland. It is my view that, had there really been a resolution of the problems in Northern Ireland, we could have dealt with the backstop in a very different way. If that had happened—if there had been an agreement in the Assembly and the Executive on what to do about Brexit—that would have helped towards the resolution of the whole Brexit crisis. But it was not to be.

There are, of course, those on the nationalist republican side in Northern Ireland who think that continuing chaos on Brexit and no deal would make a drift towards a united Ireland more likely. There are also those on the other side of the political community there who feel that, somehow or other, they become more British if we leave the European Union. I am not saying that those ideas are right or wrong; I am simply saying that they make the resolution of the problems there much more difficult.

As my noble friends Lord Hain and Lord Empey, and the noble Baroness, Lady Harris, have said, the talks have no shape: there is no structure. Every successful talks process in Northern Ireland has had a proper structure. But now there is none. Over the past six months we have begged the Government to find an independent arbiter or chair. We have begged them to ensure that all political parties sit round the same table to talk about the future of Northern Ireland. And of course, we have begged the Prime Ministers both of Ireland and of the United Kingdom to involve themselves much more intensely in the negotiations, as has happened historically over the last 30 years.

We are in a pretty awful mess—not just the mess of Brexit but the mess of what is how happening in Northern Ireland. I hope that the Minister, for whom I have the highest regard, and the new Secretary of State will be able to go back within days to Belfast and ensure, in their ministerial meetings, that there is a proper structure to the talks, to avoid the calamity that is on its way.

[Lord Duncan of Springbank]

My Lords, I have stood here many times and my words are often repeated back to me—and with each passing few months the words become less and less tenable. I said earlier that we need to be very clear that good governance must be at the heart of our ambition for Northern Ireland. I do not think it would be unfair to say that all the parties need to recognise that we are at the very stage when the opportunities for delay are falling away.

The noble Lord, Lord Empey, asked when the parties had last met as a gathering of five. The answer is: in the first week of August. I take no pride in saying that. I do not think that that is much better than the date that the noble Lord suggested. Since then, my right honourable friend the Secretary of State has been conducting bilateral discussions in an attempt to restore that Executive. One would think, I suppose, that if we cannot restore it now, when such vital issues are at stake, if, against that backdrop, those parties cannot recognise that now more than ever their voices would have been valuable—might, indeed have been instrumental—we do begin to wonder whether those parties will ever find a way through to restore an Executive. And if those parties cannot restore that Executive, which is so needed, for the very issues raised by the noble Lord, Lord Empey, other means must be found.

Let me take up some of the points raised by noble Lords today. We are talking about appointments that are necessary, and the noble Lord, Lord Dubs, asked how they are pulled together. There is indeed a mix of appointments—both reappointments and new appointments. I can now tell your Lordships how they break down. A competition is due to be carried out for the chair of the Northern Ireland Transport Holding Company. Open competitions have been carried out to identify suitable candidates for appointment to the Northern Ireland Council for the Curriculum, Examinations and Assessment, to the General Consumer Council for Northern Ireland, to the Agricultural Wages Board for Northern Ireland, the Board of National Museums and the Historic Buildings Council. Competitions are due to be carried out to identify candidates for appointment to the Northern Ireland Drainage Council and the Arts Council of Northern Ireland.

Every effort is made to ensure that the people concerned are qualified individuals. I am aware that there may be some controversies about some of the earlier appointments; we may come on to that in our later discussions. I am aware that some remarks were made about the Drainage Council. In truth that is a vital body, because it looks after waterways, sea wall defences and so on. I cannot think of anything more important, as we consider climate change.

The noble Lord, Lord Hain, asked again about the role of the British-Irish Intergovernmental Conference. I believe that if we do indeed find ourselves in the darker waters of direct rule, that will be a vital component. As for the involvement of the Irish Government with these appointments at present, the noble Lords, Lord Empey and Lord McCrea, are correct: these are domestic matters and would not involve that external consultation. However, I recognise the point they are making, which is about finding the greatest consensus in the communities of Northern Ireland; I believe that is exactly where they are coming from.

The noble Lord, Lord Empey, has put forward a Bill to examine the NHS in Northern Ireland. He is right to raise that subject. Professor Deirdre Heenan has written a devasting report which is, for any noble Lord who takes the time to read it, very troubling, for obvious reasons. This is an area of fully devolved competence that is in a bad state of play. We have made every effort that we can within the constraints that we face, but at the same time we are limited in what we can do on this issue. I commend the noble Lord as he brings forward that Bill, and I hope that we are in a position to address it as a matter of some urgency.