Northern Ireland (Executive Formation) Bill

Viscount Younger of Leckie Excerpts

Report stage (Hansard): House of Lords
Wednesday 17th July 2019 Lords Chamber

[Lord Tunnicliffe (Lab)]

My Lords, this is an example of the fact that a number of things which would normally be dealt with by the Executive have become sufficiently urgent to be considered. This seems to be a sensible idea—and, as I understand it, the Minister is going to produce appropriate warm words.

[Viscount Younger of Leckie (Con)]

My Lords, I thank the noble and learned Baroness, Lady Butler-Sloss, for her brief introduction, and other noble Lords for their remarks, particularly the noble Lord, Lord Dubs.

Ensuring that victims of human trafficking receive the support and care they require is an important issue, which this Government take seriously. It is important that the right safeguards and checks are in place to protect this group of people. This is also true in Northern Ireland, where independent guardians must be qualified social workers with at least five years’ post-qualifying experience of working with children and families, as the noble Lord, Lord Dubs, said. Our approach in this space needs to be guided by the principle of ensuring that we do not expose these vulnerable people, or the excellent individuals who care for them, to harm.

As I said in Committee, noble Lords will be aware that these are matters for which responsibility in Northern Ireland has been devolved, therefore falling outside the responsibilities and scope of the Secretary of State for Northern Ireland. In line with the principles of devolution, it is the Government’s view that those Northern Ireland departments charged with responsibility for these matters should be accountable not to Westminster but to the Northern Ireland Assembly. However, the Government acknowledge that if it is the will of Parliament that the Secretary of State should report on these issues, the Northern Ireland Office will engage with relevant Northern Ireland departments to ensure that she is able to do so, as far as possible, in a meaningful way, where information is available. I hope this provides a degree of reassurance for the noble and learned Baroness.

I also wish to advise on the limitations of the Secretary of State’s capacity to report comprehensively on matters of devolved competence, and to emphasise that it may not always be possible to make available the required information. We must approach these issues carefully, and with heightened sensitivity. Releasing information in relation to the number of children supported by an independent guardian could, given the very small number of individuals involved, compromise their identities. Clearly, this is not the intention of this amendment, but it is a risk we must be aware of and mitigate.

We can accept Amendment 4, on the introduction of a requirement to report on the work of independent guardians in Northern Ireland for victims of human trafficking, noting, as I said, the need to approach sensitively. We should not cut across devolved powers but, given the importance of this issue, it is reasonable for the Secretary of State to provide a report to Parliament. However, I ask the noble Lord not to press Amendment 10, on debating the report. I am happy to meet the noble and learned Baroness or the noble Lord to discuss the report when it is published. It would be most unusual for obligations to debate reports to be placed on the Government by primary legislation. As this is a devolved matter, I am happy to facilitate a meeting between the noble and learned Baroness and Northern Ireland’s Department of Health for a detailed discussion of its work in this area, as its staff are the experts in this devolved work. Based on that explanation and commitment, I hope the noble Lord and the noble and learned Baroness will feel unable to put this to a vote.

[Baroness Butler-Sloss]

I am very grateful to those who have spoken in this short debate, and to the Minister, who I spoke to briefly before we started. I entirely understand the issues he has raised. As I said in opening, I do not intend to divide the House on this issue. I am, however, concerned that a system of child trafficking advocates in this country is working well and will eventually come straight across the country, and the Government are committed to that. Consequently, it would be highly desirable for there to be enough guardians in Northern Ireland for this to be provided for those children who are as vulnerable in Northern Ireland as they are in this country. However, having had assurances, together with the generous offer to discuss this with the Minister and the Minister for Health, which I and the noble Lord, Lord McColl, will be glad to take up, I beg leave to withdraw the amendment.

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[Lord Tunnicliffe]

My Lords, I thank the noble Lord, Lord Empey, for bringing forward these amendments. There seems to be a consensus in the House on the importance of forming an Executive as soon as possible. The noble Lord serves that cause by illustrating the serious issues that have not been processed. We are 100% behind the re-forming of the Executive, and we hope that the people and the politicians of Northern Ireland see the wisdom of that. The amendments are interesting and useful, and I hope that the Government will be saying appropriate warm words.

[Viscount Younger of Leckie]

My Lords, the noble Lord, Lord Empey, has raised important issues and made some very valid points, and I add my name to those who have expressed their gratitude to him for doing so. My noble friend Lord Duncan has been keen to update the House on progress in establishing the RHI hardship unit, and I am very happy to accept the requirement to publish this report by 21 October or earlier. The reports that the noble Lord requests are on libel and suicide strategy.

I note the points made by the noble Earl, Lord Listowel, and the noble and right Reverend Lord, Lord Eames, and I have taken note of the tragic anecdotes that have been told. The issues of NHS waiting times and welfare mitigations were also raised. All are matters of great importance, as my noble friend Lord Duncan set out in Committee earlier this week, and we fully understand the reason for raising them in this place. We are without a sitting Assembly in Northern Ireland to debate these matters and to consider ways forward that serve all of the people of Northern Ireland.

These are all 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. We have had some passionate speeches to this effect during this short debate. As these are devolved matters, I do not purport to be able to significantly enlighten the House on the substance of the important issues the noble Lord has raised. But in light of the great value of these amendments, I am happy to accept them today and to commit to one-off reports on the issues specified.

In conclusion, I will answer a question that was raised by the noble Lord, Lord Bruce of Bennachie, on what might happen upon the production of the reports. I say on behalf of the Government that it is our sincere hope that the incoming Ministers in Northern Ireland will draw from these reports to make progress on these important issues. They will be published and will therefore be public documents.

[Lord Empey]

My Lords, I am extremely grateful to all noble Lords who have participated in this debate, and for the consensus that has emerged. Like many noble Lords, particularly the noble and learned Lord, Lord Mackay of Clashfern, I would be much happier if we were not sitting here debating these matters. Clearly, we have a unique situation: yes, Stormont has been suspended before, but it was replaced by direct rule. This is the first occasion when Stormont has been suspended and has not been replaced by direct rule. Therefore, we have a most unique situation—a Civil Service that is working but which is not accountable to anybody. To use the vernacular, it is bonkers, and the question is how long we can put up with it. However, let us focus on the issues, which are worth looking at on their own merits. Perhaps, as the noble Lord, Lord Bruce of Bennachie, said, they could provide at least a basis upon which policies could be implemented when a suitable Government are established. In that spirit, I commend the amendments on the Marshalled List to your Lordships.

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[Lord Empey]

My Lords, I follow the contribution from the noble Lord, Lord Dubs, who has frequently drawn attention to similar issues. I have no doubt that, as part of the United Kingdom, if it is a decision of the country to try to help people, it is reasonable that that is spread out as evenly as possible. However, I would draw the attention of the House to the fact that the structures of local government, in particular, in Northern Ireland are radically different. Local authorities have no locus in this at all. There are health and social services boards, a housing executive and housing associations, but their funding would have to come from Stormont. That is the conundrum we are confronted with. It is not that there is any lack of hospitality or willingness to play a part in a UK-wide problem. The structures are radically different, and all the social services and housing issues are funded through Stormont and not through local government. Members have to be aware that that is why there is an issue here.

On housing, as I said earlier with regard to welfare mitigation, part of the problem is that we do not have the appropriate housing units in many cases, so we rely heavily on voluntary organisations, Church organisations and others. However, there has to be funding stream for them to deliver their services and offer help. Members must understand that that is why we have a difficulty. It is not as if we can go to Sheffield or Coventry City Councils, which can provide services; I hope that Members understand that. We have Syrians and other such people coming to our shores from distressing situations. People are happy to rally round them, but getting funding flowing has to happen via Stormont. That is the obstacle in our way. Perhaps the Minister can address that in his response.

[Viscount Younger of Leckie]

My Lords, the noble Lord, Lord Dubs, has been a consistent champion for child refugees in promoting their interests. I am very grateful to him for his continued commitment to such an important issue, which I know he has discussed with my noble friend Lord Duncan as recently as May. He deserves a reply. It will have to be fairly brief, which I am sure the House will be relieved to hear, but I hope that it is not too brief.

As the noble Lord will know, the UK has contributed significantly to hosting, supporting and protecting the most vulnerable children, including those affected by the migration crisis in Europe. Since the beginning of 2015, the UK has received asylum applications from 12,756 unaccompanied children. In 2018, we received 2,872 such applications—15% of all such claims in the EU. We are the third largest intake country of all the EU member states. I must pay tribute to the vital work of local authorities in looking after these children and providing them with the day-to-day care that is so crucial in enabling them to rebuild their lives.

The Government remain committed to relocating the remaining children up to the specified number of 480 under Section 67 of the Immigration Act 2016. The Home Office continues to work closely with local authorities and strategic migration partnerships across the country. We remain very keen to receive offers of further placements.

As with other amendments, this amendment cuts across devolved matters. The relocation of children is also dependent on the availability of appropriate local authority care placements. I took note of the speech and comments of the noble Lord, Lord Empey, on housing. In Northern Ireland the delivery of most of the required services, such as health, social care and education, is devolved.

The intention behind the proposed new clause is to provide for the allocation to Northern Ireland of children brought to the UK under Section 67. Of course, it is right that the ability to do so should exist; however, such a clause is not required. The regulations that it requires would duplicate existing ones in the Children (Northern Ireland) Order 1995 and the Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018; they are therefore unnecessary. Whether Northern Ireland health and social care trusts accept children under Section 67 of the 2016 Act is very much a matter for Northern Ireland.

In conclusion, this is an important issue and, given that we are talking about children here, it is important that we, working with Northern Ireland, get this right. I would be happy to continue to discuss and explore our approach to unaccompanied asylum-seeking children with the noble Lord, Lord Dubs. For those reasons, I urge him to withdraw his amendment.

[Lord Dubs]

My Lords, I am grateful for that reply. I appreciate the contribution made by the noble Lord, Lord Empey. I am aware that this would be done not through local authorities but through the health boards in Northern Ireland; I did not want to go into too much detail about that so that I could be brief. The issue concerns unaccompanied child refugees; it is not about housing but about finding foster parents who are willing to have children placed with them through the health boards. It is therefore a fairly simple proposition at one level.

I just hope that there is some way we can unblock this, because I think we are well short of the 480 that the Government have capped under Section 67. There are children in a terrible situation in northern France and on the Greek islands. I thought that if we could just unblock this a bit and give the Northern Ireland people a chance to say, “We have some foster parents here who are willing to take a couple of child refugees,” we could move forward. That is all I am asking.

On the Minister’s assurance that we are going to take this further by discussion, I beg leave to withdraw the amendment.