Northern Ireland (Executive Formation) Bill

Debate between Viscount Younger of Leckie and Baroness O'Loan

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

[Viscount Younger of Leckie]

May I just inquire whether the noble Baroness is listing all the names on her list? It would be helpful for the Committee, with the hour that we are at, if the list could be severely shortened.

[Baroness O'Loan]

The Reverend Norman Hamilton has worked on the interface in north Belfast for 20 years, and hundreds of clergy and ordinary people—doctors, nurses and lawyers—all signed, from all sides of the community. They wanted one thing: to be respected as people and to allowed to make their own law on this amendment. That shows how concerned people are about this matter.

My amendment would not prevent legal change on either abortion or same-sex marriage. It would simply have the effect of restoring some constitutional integrity to Northern Ireland. It requires that there should be a consultation with the people of Northern Ireland, as there would be with any legal change on either issue in Northern Ireland, and most importantly that the views of the currently elected Members of the Northern Ireland Assembly be recorded for or against any regulations and that the regulations should not be laid before Parliament if they do not receive majority support from those Assembly Members. One thing I have not done is to introduce anything resembling a petition of concern, about which I think the noble Baroness, Lady Smith, spoke earlier. The legislation could pass by a simple majority.

One thing I noticed this afternoon was that the unborn child was largely absent from the debate. When mentioned, there was in some quarters a rolling of eyes and expressions of contempt. Yet it has to be said that abortion is about killing babies—real babies. Without Amendment 23, the Northern Ireland (Executive Formation) Bill will go down in British constitutional history as one of its blackest moments of all times, when constitutional due process was completely swept aside because of the conviction of parliamentarians, none of whom represents Northern Ireland, that the end justifies the means. That is never a good place to be. We have heard it said that it does not really matter at all if Northern Ireland’s MPs voted against this, because it is a matter of human rights and if you want to be in the UK you have to accept abortion as a human right. There is no human right to abortion, and I think that is slightly contemptuous of Northern Ireland’s MPs.

The Member for Walthamstow, who introduced new Clause 10 in the Commons, said this morning that this is an attempt by the DUP to hold us all to ransom. At this late hour, I perhaps need to assure noble Lords that I am not a member of the DUP. I am a Cross-Bencher and, as far as I can remember, the noble and right reverend Lord, Lord Eames, is not a member of the DUP either. This is something that a cross-party group of 16,000 people are asking us not to do. This is the truest cross-community co-operation from all sectors of our community, from all sides, all places in our beautiful country. We have agreement that we do not want abortion railroaded through in the Bill. I ask noble Lords to at least grant Northern Ireland MLAs the courtesy, the respect and dignity of their roles as elected members and allow them to present their views on this matter. I ask noble Lords to give the people of Northern Ireland the same respect and provide for consultation. I beg to move.

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Debate between Viscount Younger of Leckie and Baroness O'Loan

2nd reading (Hansard): House of Lords
Tuesday 30th October 2018 Lords Chamber

[Baroness O’Loan (CB)]

I declare an interest. My husband is the chair of arc21, the organisation created by six district councils in Northern Ireland responsible for addressing the problem of waste disposal, and made the planning application that led ultimately to the Buick judgment, which has been referred to repeatedly both in this House and in the other place, and is one of the reasons for the legislation we are debating today.

I am sure that everybody in your Lordships’ House regrets the situation that prevails in Northern Ireland. It really is profoundly difficult—almost two years with no legislature, and things are challenging. Members of the other place and of this House have articulated the various issues which are stalled as a result of the situation, not least the major infrastructure projects, the commencement of which would provide employment, therefore contributing to the economy—an economy that is seriously depleted. I see no purpose in repeating that list. It is a difficulty compounded even more by the fact that there is no legislature and no Executive to consult on matters relating to Brexit, as the noble Lord, Lord Adonis, said. Brexit is probably regarded by the people of Northern Ireland as the greatest hazard they face at present, for a variety of reasons. I shall come back to that in a moment.

However, I want to address a matter raised by the noble Viscount, Lord Brookeborough, who is not in his place, but for whom I have the greatest respect. He said that there must be an end to the hounding of veterans. I have to say that there is no hounding of veterans. There are investigations in Northern Ireland into unsolved killings. When somebody is suspected of having been involved in a killing, it is right and proper, and due process in law, that those persons be investigated. That is what is happening. I personally have been involved in the investigation of matters where both military and former RUC personnel have been involved. I know that those who serve in the forces do a very difficult job, and I speak from the perspective of one whose brother served in Northern Ireland in the 1980s, and whose nephew, aged 18, went to Iraq in the British Armed Forces and lost his leg six months later right up to the groin, and suffered multiple other injuries. I speak as one whose other nephew has served in Her Majesty’s forces for coming up to 22 years in Iraq, Afghanistan and other places, so I am not in any way attempting to attack Her Majesty’s forces. In a country which has had the experiences of Northern Ireland, however, it is important that there is no abrogation of the rule of law. It is profoundly important that we adhere to the rule of law.

This measure is clearly seen as necessary to address the lacuna which has been referred to repeatedly. It is legitimate to question the rushing through of this Bill without thought of the normal discussion, analysis and scrutiny necessary, particularly in the delicate situation which is life in Northern Ireland today. The Select Committee on the Constitution rightly raised various issues, not least the breadth of the power which would be afforded to Ministers and civil servants, the lack of clear lines of accountability and the retrospective effect of the Clause 3 provisions, which were described as “irregular and concerning”. It went on to say that,

“a Bill with such characteristics being fast-tracked through its legislative stages in Parliament is undesirable”.

The Minister referred to the fact that it was being fast-tracked. He did not, however, explain why it is being fast-tracked at such a pace. Our peace reposes on the basis of the Good Friday agreement—in our divided way, some call it the Belfast agreement—and the consequential legislation. The Northern Ireland Act 1998, in which I am sure many noble Lords played a part, was an Act designed to make new provision for the Government of Northern Ireland, for the purpose of implementing the Good Friday/Belfast agreement. The consequential legislation enabled a complex, multi-faceted construct, which was designed as best possible to ensure the delivery of the principles of the Good Friday agreement. The noble Lord, Lord Alderdice, referred to the involvement of another state in the creation of that agreement. The construct we now have was very hard won, and trust grew gradually and sometimes painfully over the years—particularly 1998 to 2007. Interestingly, trust grew despite the suspension of the devolved institution from October 2002 until 8 May 2007. We were still able to work—myself included as police ombudsman—to enable the constitutional process to have its full impact in Northern Ireland. That was difficult, challenging and, on occasion, dangerous work. Policing and justice powers were devolved only on 12 April 2010. It is all very new and must be treated with great care.

There may be a perception in your Lordships’ House, and in the wider community, that Northern Ireland is solved. That it is far from solved is demonstrated by the fact that, once again, we are in a position in which there is no mechanism to run our devolved Government. It is also demonstrated by the fact that during 2016-17 —the last year for which we have security statistics—there were five security-related deaths, 61 shooting incidents, 29 bombing incidents, 66 casualties from paramilitary- style assaults and 28 paramilitary-style shootings, and 75 kilograms of explosives and 2,635 rounds of ammunition were seized. That was the largest quantity of explosives seized since 2006.

It is not all over, and I do not say that with anything other than distress. I personally have suffered in the Troubles; my family, many of my friends and many of the people I worked with have suffered. As police ombudsman, I sat and listened to story after story. I remember one family who came in where the 11 year-old daughter had been left with her two brothers, Rory and Gerard, who were 18 and 22. Their parents had gone out to mass. Róisín had been celebrating her 11th birthday when the gunmen came in and shot her two brothers dead in front of her. You would have to have a heart of stone not to care about things like this, so we need to remember that the situation can change very rapidly in Northern Ireland.

We need to be conscious that, when the talk about the border is so challenging and when no one really knows what is going to happen, this is a difficult time. I do not want to exaggerate, but it is a dangerous time. I have driven across the border twice in the past couple of weeks and will again next week. As you cross the border, you remember what it was like when there were checkpoints and things like that. I do not envisage military checkpoints, but look at the border between Canada and America, and borders between the European Union and some of its non-member states—you see queues and time spent. We do not need all that could happen to us—the social, economic and political cost —were it to come to some kind of hard border in Northern Ireland.

It is in the context of the uncertainties of Brexit and the failure to address the problems in Northern Ireland that the Government are taking powers to themselves. I grant that they are limited powers and in a statute that will have effect for only a limited period, but to many it will seem like shadow direct rule.

I make no comment on the extension of the time for the appointment of an Executive, other than to observe that the power to extend the period seems to have a maximum life of up to August 2019, by which time we will have been without proper governance for two years and eight months. I know why our two main elected parties, the DUP and Sinn Féin, say that they cannot go into government, but the people of Northern Ireland are being badly failed by the stand-off. It is surely incumbent on those parties, and consistent with democracy, that they lay aside these issues temporarily, go into government and use democratic means to resolve those problems as best they can—that is what democracies do.

We want government decisions made by elected politicians, not by spads on the one side—as we have heard in relation to the RHI agreement—or on the other at the headquarters of Sinn Féin, Connolly House, as I think the noble Lord, Lord Rogan, pointed out. The Executive collapsed because Martin McGuinness resigned from the Government in the wake of the RHI crisis—the green energy scheme. That is now going to cost taxpayers up to £490 million. The RHI scheme has been the subject of a public inquiry, very ably chaired by Sir Patrick Coghlin, who has heard testimony from those involved that was dreadful to listen to. It is astonishing to see who is following the RHI inquiry broadcasts in Northern Ireland. I know of women who watched it intently while doing their ironing. Never before has a public inquiry attracted quite so much interest among the general population.

Our most senior civil servants have said that spads “were in charge” following the reestablishment of the Assembly in 2007. We know that civil servants did not do ordinary things like keeping minutes of meetings, and were not informed about issues of which the spads were aware. We know that the Minister who presented the renewable heat incentive scheme regulations had not even read them when she brought them to the Assembly and asked MLAs to vote on them. So it goes on, but the story has been told and Sir Patrick will report, so there is no more excuse—it is dealt with. Now is the time for the DUP and Sinn Féin to go back into government, fight for the cause of Northern Ireland together and ensure proper governance.

I want to ask the Minister again: what is the urgency that required this Bill to pass through the other place in one day and through your Lordships’ House in such a rush? This is not an emergency situation. There is no sudden threat to the economy. There is no immediate terrorist threat. What is the reason for the haste?

The Act enables Northern Ireland civil servants to exercise departmental functions if it is in the public interest to do so, and will confer on the Secretary of State a duty to publish guidance on the exercise of functions, including the principles to be taken into account in deciding whether to exercise a function. The Secretary of State made it clear in the other place, as the Minister has, that this Bill was introduced because,

“we have to enable public services to continue to be delivered in Northern Ireland”.

The Secretary of State said that the Bill,

“will allow decisions to be taken by civil servants who have felt unable to do so since the Buick appeal was heard. We need to make sure that those civil servants can take those decisions, but this is not about their making major policy decisions or becoming lawmakers”.—[Official Report, Commons, 24/10/18; col. 381.]

So far, so good, and that was what the Minister was telling us, until he came to Clause 4, which goes way beyond the position that the Government have taken. In a situation in where those who voted to amend the Bill in this way hold no seats representing anyone in Northern Ireland, where neither Conservatives nor Labour have an MP, there can be no proper accountability for decisions like that. Abortion—I place it on the record yet again—is not a human right. There is a right to life; there is no right to kill the unborn child in the womb. There has been no declaration of incompatibility in courts in Northern Ireland. Somebody said that we do not have a common set of human rights, but we do; they are established under the European Convention on Human Rights, and we are signatories.

[Viscount Younger of Leckie (Con)]

I am sorry to interrupt the noble Baroness. Although this is not a time-limited debate, might she consider concluding her remarks pretty quickly, given that the guide time is six minutes?

[Baroness O'Loan]

I am coming to an end.

Most recently, in June the noble Lord, Lord O’Shaughnessy, gave me an assurance that the intention of the Government and the NIO,

“is to restore a power-sharing agreement and arrangement in Northern Ireland so that it will be up to the people of Northern Ireland and their elected officials to decide on abortion policy”.—[Official Report, 6/6/18; col. 1312.]

It cannot be compatible with the rule of law for a Secretary of State to be required by their Government and legislature to issue guidance which is not consistent with the law of the land. That is what would happen if the Bill were given effect. I have every sympathy with calls to give effect to the findings of the public inquiries into historical institutional abuse and hyponatremia-related deaths, and to give help to victims of the Troubles. However, I have not heard anyone advocating for Clause 4. I have not heard anyone advocating for direct rule, as suggested by other noble Lords; that is not the answer. We see Sinn Féin looking towards a referendum on a united Ireland, a profoundly important issue which does not commend itself to many of our population. We need action to bring the people together and that is what I ask of the Secretary of State.

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Debate between Viscount Younger of Leckie and Baroness O'Loan

Committee: 1st sitting (Hansard): House of Lords
Tuesday 30th October 2018 Lords Chamber

[Viscount Younger of Leckie]

I hope the noble Viscount does not think I said that. First, I am left in no doubt about the passion of the arguments presented by the noble Lord, Lord Empey, and by the noble Viscount in supporting him. However, I think the Committee will appreciate that there is an extremely difficult line to take. We have said that we do not wish to go down the line, whether it is creeping or not, of direct rule. On the other hand—perhaps this is what I really want to say—the reassurance has to be given from this Dispatch Box that upholding our obligation to the people of Northern Ireland is a high priority, as is ensuring that vital public services are protected. This includes the issues raised on health. We are not afraid to step in, if or when we think it is right, and we have said that we will not rule out further legislative intervention. If that is not clear enough, I have to say that this is very much a subjective decision and constantly under review. I cannot say anything more. Finally, I clarify that the Bill enables the Department of Health to take these decisions, and if the UK Government intervened to step in, it could easily be construed as direct rule. I cannot go any further to clarify that point.

[Baroness O’Loan]

I do not want to hold the Committee up, but I am having some difficulty. The aim of the legislation is to enable the continuity of the delivery of services, yet vital services such as our health service do not receive that attention. I do not understand what is covered by the Bill if things such as this are not.

[Viscount Younger of Leckie]

I hope I have made the point that health is very much a priority. I cannot say anything more. I have also attempted to define the line that we have to take, which is an extremely difficult one in the circumstances that we have been presented with. With that, I hope the noble Lord will agree to withdraw his amendment.