Northern Ireland (Executive Formation) Bill

Debate between Viscount Younger of Leckie and Lord Empey

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

[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.

--- Later in debate ---

[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.

Northern Ireland (Executive Formation) Bill

Debate between Viscount Younger of Leckie and Lord Empey

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

[Lord Empey]

My Lords, the Minister kindly accepted the amendment I proposed on this matter earlier. I fully accept that we were not co-ordinating on it. I support the proposal by the noble Lord, Lord Black. He knows that and we have talked about this before—he has been to Belfast. He has explained exactly what is at stake, in a very coherent contribution. It is a mystery why this progress has been so slow, but that is where we are. I find myself in total agreement with his contribution.

[Viscount Younger of Leckie (Con)]

My Lords, I have very few remarks to make in response to my noble friend, but I thank him for his long speech. There is no doubt that defamation law in Northern Ireland does not reflect today’s digital age. To echo my noble friend’s words, reform is indeed needed. The issues at stake here hit the very heart of the relationship between citizens, media and the state. It is important to deliver protections in the field of freedom of expression.

My noble friend would like to see progress made to update the Northern Ireland law and I understand that position. There are certainly parts of the Defamation Act 2013 that could usefully be extended to Northern Ireland. However, this Act removed the presumption of trial by jury for libel actions. This may of course shorten and reduce the cost of libel actions.

It is of note that the 2017 Review of Civil and Family Justice in Northern Ireland by Lord Justice Gillen noted the extremely important function of the jury in defamation cases in the context of the Northern Ireland jurisdiction, in particular its role in finding whether the plaintiff has been defamed. As the Gillen review notes, juries in Northern Ireland have been traditionally considered the best fact-finder to judge what words or statements mean in the local context with its unique history, and whether they are considered defamatory in any case. These are matters that involve justice and freedoms, and on which the particular jurisdiction is important. The devolved nature of defamation law in Scotland is reflected in the fact that only a very limited number of provisions in the Defamation Act 2013 have been extended to Scotland, in particular around statements or reports which arise in the scientific or academic field.

Similarly, defamation law is a devolved matter for Northern Ireland; therefore, simply extending the Defamation Act 2013 to Northern Ireland is not appropriate. Further, I understand that, prior to the passage of the Defamation Act, the views of the Northern Ireland Executive were sought as to whether they wished to make a legislative consent Motion to provide for the Act to apply in Northern Ireland, but they declined to do so. Decisions to reform the law should be taken by a restored Northern Ireland Executive. This will allow the unique Northern Ireland context to be taken into account in any reforms. I regret that I am not able to help my noble friend but I respectfully request that he withdraw this amendment.

Veterans: Investigations

Debate between Viscount Younger of Leckie and Lord Empey

Thursday 16th May 2019 Lords Chamber

[Viscount Younger of Leckie]

They absolutely will not. It is extremely important that we continue to support our Armed Forces as much as we do. They are the ones on the front line protecting us. There has been an extremely long, difficult and complicated process in Northern Ireland. An important result of this consultation and the work that has been done is that all victims of violence in Northern Ireland need to be remembered and the details of that violence investigated where necessary.

[Lord Empey (UUP)]

My Lords, I would correct the noble Lord, Lord Wallace: not all parties support the Stormont House agreement. My party does not support it. I do not support it. It proposes to establish a historical inquiries unit which will have the effect of hounding out members of the security forces for the next 10 years. The Minister talked about drawing a line under the process. In fact, it will only start a whole industry because the security services have records and the terrorists do not. The republicans have said that they want the records at Kew; that is what they are aiming to get. I totally accept that nobody is above the law. However, does the Minister accept that the proposals initiated some time ago at Stormont House and subsequently by the Northern Ireland Office will be the starting point for a new campaign of hounding members of the security forces? As former Justice Minister David Ford said, we could expect one or two convictions over the lifetime of that body, at best. That sets a very bad example.

[Viscount Younger of Leckie]

The noble Lord has so much more experience than me in Northern Ireland, but I do not entirely accept what he says. In the interests of justice, we need to find out what evidence there is. If any new evidence emerges relating to the possibility that a serious crime was committed at some point in the past, it should be properly investigated. As he rightly says, the Armed Forces themselves do not wish to be seen as somehow above the law.

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Debate between Viscount Younger of Leckie and Lord Empey

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

[Viscount Younger of Leckie]

My Lords, these two amendments in the name of the noble Lord, Lord Empey, seek to direct the Northern Ireland departments regarding health issues and public sector pay. As we have consistently said, the proposed legislation is not a move to direct rule, and decision-making must remain within the remit of Northern Ireland departments. To use this guidance to direct individual decisions would therefore go against this principle.

It is important that senior officers are able to apply the principles in the guidance in determining whether it is in the public interest to exercise functions. I understand the concern to ensure that effective decisions are made on the important issues of health, such as waiting lists, and public sector pay—as the noble Lord, Lord Empey, pointed out. However, as we have heard today, these are certainly not the only important—I stress that word—issues in Northern Ireland. Prioritising certain functions in the guidance could suggest that they should be followed at the expense of others. We are confident that the draft guidance as it stands allows Northern Ireland departments to exercise functions such as those raised in this amendment, although whether and how to exercise functions must remain a matter for Northern Ireland departments.

The Department of Health is already working intensively to respond to increasing demands on the Northern Ireland health service, and will continue to do all it can to uphold its duties in the public interest in this interim period. We of course recognise, however, that there are some decisions not enabled by this Bill. The Bill and guidance simply seek to enable senior officers in Northern Ireland departments to take a limited range of decisions using existing powers where it is in the public interest to do so now rather than wait for Ministers. That is in the context of providing the space and time for political talks to help restore devolved government, an issue that has been much discussed today in the Chamber.

Intervening in individual areas in this manner would be tantamount to direct rule—the noble Lord, Lord Empey, used the expression “potential creeping direct rule”—and would undermine our commitment to devolution and the Belfast agreement. The Prime Minister and the Conservative and Unionist manifesto are crystal clear that we will uphold our obligation to the people of Northern Ireland to ensure that their vital public services are protected. We have always said that we do not rule out further legislative intervention if it is necessary. I realise that my response will disappoint the noble Lord, Lord Empey—he will probably not be too surprised—but on the basis of these points I hope that he will feel able to withdraw his amendment.

[Lord Empey]

Before the Minister sits down, I want to say that he is not quite clear as to the Government’s exact position. He is saying that senior officers should be able to take certain decisions. Of course, this could be seen as direct rule. Look, folks, this is life—this is people’s lives here. We are not talking about a road junction or something casual. We are talking about people not being treated within any guideline that currently exists on these islands. In other words, these are to be sacrificed because of some political ideal of devolution versus creeping direct rule, or “Who are we going to annoy? We are going to annoy Sinn Féin. We are going to annoy this party or that party”.

Think of the people affected by this. This is not going to go away. It is getting worse. The statistics have been going like this not just recently, but for a long time. The suicide strategy is another one where there is total agreement. It is a big problem back home and it has not been addressed, yet everybody agrees that it should be addressed. What does it take?

I ask the Minister to clarify what he means. He thinks the guidance will allow officers to take decisions, yet on the other hand they are afraid that this would be seen as creeping direct rule. This is a qualitatively different subject matter, and it is on humanitarian grounds that I put this forward, not on a political platform.

[Viscount Brookeborough (CB)]

It may appear that, because the noble Lord, Lord Empey, is leading this on his own, he may not have support. I think he has support from everybody. I declare an interest in that I have had cancer of the throat. This sort of thing does not just affect the people. It affects their families and dozens of other people; it affects their friends. I feel that it affects their friends and families more because they are so worried that they cannot do anything to help, and yet the state, in the form of the National Health Service, is not helping them. Therefore, I cannot conceive that this is not in the public interest, yet the Minister is almost saying that if a senior civil servant thinks it is in the public interest he may come out in support of it.

The other point is that, on another amendment, on the PSNI, we have just spent five or six hours debating the fact that the primary aim of the Government is to restore the Assembly. Policing is absolutely vital to that, and we cannot see the police force denuded of pay or resources to achieve this end. I am afraid that all afternoon, whenever we have talked about any other part of it, the Government have been saying, “Our primary aim is to restore the Assembly”. We will not restore it without enabling our security forces, the police, to manage the day-to-day situation. The Minister should give a slightly more reassuring answer than, “We’ll post it back and see what they think about it”.

Northern Ireland: Devolved Government

Debate between Viscount Younger of Leckie and Lord Empey

Tuesday 4th September 2018 Lords Chamber

[Viscount Younger of Leckie]

I can certainly confirm that that has been the case for some time. The Secretary of State for Northern Ireland and, as necessary, the Irish Government, with the five parties in Northern Ireland, are consulted very frequently. We very much hope that talks will continue as soon as possible. That is what we fervently want.

[Lord Empey (UUP)]

Is the Minister aware that a humanitarian crisis is developing in the health service, with 280,000 people waiting for a consultant-led first appointment and 88,000 people waiting for more than one year for a consultant-led first appointment? I repeat my request to the Government on humanitarian grounds to bring the powers of the health service back here temporarily to offset what could potentially be a humanitarian crisis in the winter as the health service is totally unable to cope. Decisions need to be taken and this Government have an overarching responsibility, despite whatever they say. They cannot keep hiding behind the fact that there is no movement between the parties.

[Viscount Younger of Leckie]

My Lords, no option is off the table, and the Government are prepared to step in to protect the interests of Northern Ireland to ensure that the country is stable economically and they have done so—I mentioned earlier the recent budget Act. Further, it remains our single most important priority to restore an Executive. The people of Northern Ireland deserve this. Health, education and farming, to name a few, are very important for jobs, growth and prosperity.

Northern Ireland Executive

Debate between Viscount Younger of Leckie and Lord Empey

Thursday 13th July 2017 Lords Chamber

[Viscount Younger of Leckie]

I can reassure the noble Baroness that there is, if I may put it this way, heavy-duty work going on. Yes, there are a lot of issues that we as a Government have to tackle, but our overriding priority remains to restore an inclusive power-sharing Executive. Talks continue on a tripartite basis. The Secretary of State for Northern Ireland is working continuously and very hard on the issues, and, of course, the Prime Minister is in continuous contact with the issues as well.

[Lord Empey (UUP)]

Will the Minister confirm to the House that it has been made clear to the Government that, in the event of the reintroduction of direct rule, Sinn Fein will refuse to co-operate with the institutions at Stormont?

[Viscount Younger of Leckie]

No, I cannot confirm that. Our overriding priority remains to reach an agreement on restoring an inclusive power-sharing Executive. That is our aim and focus, and we intend to make sure that it happens.