Identity and Language (Northern Ireland) Bill [Lords]

Peter Kyle Excerpts

2nd reading
Wednesday 12th October 2022 Commons Chamber

[Peter Kyle (Hove) (Lab)]

I would like to begin by passing on my condolences and that of the Labour party for the 10 people who were tragically killed last week in Creeslough. I would also like to thank the emergency workers in Northern Ireland who provided help, working in partnership with their colleagues across the border.

I thank the new Secretary of State for setting out the measures in the Bill and welcome the new Minister for Northern Ireland to his place. The Bill broadly keeps with the identity and language commitments made in the New Decade, New Approach agreement—I see the former Secretary of State, the right hon. Member for Skipton and Ripon (Julian Smith), in his place—and the achievements of those on both sides of the Chamber who negotiated it are recognised across the House, and certainly by us in the Labour party. I hope that the right hon. Gentleman will be speaking, so that we can benefit from his insight into the deal at the time.

That deal led to the restoration of the Executive after an extended period of absence and had, at the time, the agreement of all parties. This legislation is a serious undertaking and I pay tribute to the officials who have worked on it. It combines three separate draft Bills, which were supposed to be taken forward in the Northern Ireland Assembly, where they would have benefited from the enhanced scrutiny of local representatives. The Bill creates the Office of Identity and Cultural Expression, recognises the status of the Irish language in Northern Ireland and provides for the appointment of an Irish language commissioner and a commissioner for the Ulster Scots. To effect these changes, the Bill directly amends the Northern Ireland Act 1998. Crucially, it adheres to the principles that underpin the Belfast/Good Friday agreement: equality, respect and parity of esteem.

As the Bill was introduced in the other place, it has benefited from a wealth of expertise from our colleagues there. I strongly recommend that Members read those insightful debates—whether they do so on a running machine is for them to decide; how the Secretary of State managed to read those contributions while running is something that I cannot quite comprehend. I pay particular tribute to Lord Murphy of Torfaen, who helped to negotiate the rights, safeguards and equality of opportunity section of the Belfast/Good Friday agreement. The agreement recognises that the Irish language and Ulster Scots form part of the cultural wealth of the island of Ireland. These languages are part of our shared heritage, too, as the United Kingdom. Indeed, it was enriching to see the hon. Member for Bolton North East (Mark Logan) recently swear allegiance to the King in Ulster Scots.

Other contributions during the Bill’s passage recognise the wider history behind the identity and language issues. The Bill contains a clause that repeals the Administration of Justice (Language) Act (Ireland) 1737—very long awaited by Irish language groups. It includes an amendment passed in the other place establishing the Castlereagh Foundation, which will explore shifting patterns of identity in Northern Ireland. We welcome the provisions that create a clear, unambiguous legal framework, which will help and inform public authorities and Government Departments about their duties and responsibilities regarding language promotion.

Language and identity issues have clearly always been a part of the peace process. They have often featured in the agreements made to restore devolution in Northern Ireland, as happened during the St Andrews and the New Decade, New Approach periods. The Government have set out that they believe the Bill will help to take the sting out of these issues and to prevent them from paralysing the institutions again in future. We also support the Bill on that basis, and we want to see the normalisation of language rights to take some of the politics out of them. Of course, it is a matter of regret that this legislation is not being discussed and passed at Stormont. Sadly, we are experiencing another period in which devolved government in Northern Ireland is not functioning. But the Government are doing the right thing by introducing this legislation here. We welcome that and that they are the honouring commitments made in the New Decade, New Approach agreement.

There were repeated promises to proceed with this legislation following that agreement. It is remarkable that, in the written ministerial statement of 21 June 2021, the Government promised to introduce this Bill by October 2021. When the right hon. Member for Great Yarmouth (Brandon Lewis) was Secretary of State, he repeatedly said from the Dispatch Box that the Bill would be introduced before the end of the last Stormont mandate. It should not be so easy for the Government to let slip their own deadlines and promises to Northern Ireland.

We should all be concerned that the Executive have not been functioning for more than 40% of the time since the Belfast/Good Friday agreement. People need a stable, functioning Executive to meet the enormous health and economic challenges facing Northern Ireland in the coming months amid the cost of living crisis that our entire country is facing. The Government are trying to prevent any further identity and language issues destabilising Northern Ireland by giving the Secretary of State new powers. This legislation would permit them to step in, if necessary, to implement what the Bill is trying to achieve.

I want to repeat that it should be for the Northern Ireland Assembly to discuss and debate legislation whose territorial extent is within Northern Ireland. However, the Opposition will scrutinise the Bill and suggest amendments in areas where we think it can be improved. We have concerns about how cultural expression on the basis of “sensitivities” is to be interpreted in practice. It might be more appropriate to use a human rights basis. I would be grateful if the Minister responded to that in his winding- up speech.

We would also welcome further clarification on the Castlereagh Foundation, and on whether the Government will publish the written advice available to the Northern Ireland Office before the Bill reaches Committee stage. It is positive that the Government are trying to uphold other commitments that they made in the New Decade, New Approach agreement. We would be glad to hear an update from the Minister on the connected classrooms programme, which was another promise made by this Government. We could do with some clarification on when that will be brought forward.

There is also the question of whether the Bill needs to address the recent court ruling about the Executive being in breach of their legal duty by failing to adopt strategies on Irish language and Ulster Scots. Additionally, while the Bill gives the Secretary of State powers to step in, I know that there is concern that there are no timeframes or conditions for when they will take action. Assurances that there will not be undue delay would be welcome especially considering the history of this legislation and the delays that it has undergone. Overall, however, I reiterate the Labour party’s support for the Bill and hope it receives swift passage through this place.