A Northern Ireland Scrutiny Committee (Liaison Committee Report)

Motion to Agree

Moved by

That the report from the Select Committee A Northern Ireland Scrutiny Committee (2nd Report, HL Paper 26) be agreed to.

My Lords, for the convenience of the House, I will speak also to the second Motion in my name on the Order Paper.

In the previous Parliament, it was agreed that the European Affairs Committee should appoint a sub-committee focused on scrutiny of the Protocol on Ireland/Northern Ireland. In due course, it was renamed the Windsor Framework sub-committee. The sub-committee performed an invaluable function, helping the House to engage effectively with the developing post-Brexit framework for Northern Ireland, its practical impact for the people of Northern Ireland and the complex interactions with the rest of the United Kingdom. On behalf of the House, I thank all members of the sub-committee, particularly the chair, the noble Lord, Lord Jay of Ewelme, and its staff for their work.

It was intended that the sub-committee would be temporary and would carry out an important role while the new institutional framework bedded in, which would then reduce over time. Consequently, it ceased to exist in May, at the end of the previous Parliament. At the start of this Parliament, the Liaison Committee received representations from a number of Members that there is a continuing need for a committee of this House to undertake focused Northern Ireland scrutiny for three key reasons.

First, because the Windsor Framework is still in the implementation phase and a committee would play a valuable role in scrutinising the numerous new bodies and structures established by the United Kingdom and the EU to police the framework’s operation. Secondly, because there is still a need for expert committee scrutiny of EU legislation applying in Northern Ireland under the terms of the protocol and the Windsor Framework and of United Kingdom legislation with implications for Northern Ireland. Finally, because a committee would appropriately indicate and facilitate the continued interest of this House in Northern Ireland matters, particularly given the context in which certain EU legislation continues to have effect there.

The Liaison Committee considered these matters fully and recommends the appointment of a Select Committee on Northern Ireland scrutiny, with terms of reference similar to the remit of the Windsor Framework sub-committee in the last Parliament. Crucially, such a committee would be complementary to the work of other parliamentary committees. In particular, the Northern Ireland Assembly now appoints a Windsor Framework Democratic Scrutiny Committee, which plays an important role but whose remit is limited in statute to focusing on new or replacement EU acts. A new Lords committee with a broader remit would complement the work of that committee, including by scrutinising EU delegated or implementing legislation, by examining the governance bodies set up under the various agreements, reviewing the impact of proposed UK legislation on Northern Ireland and considering wider issues such as the Windsor Framework’s provisions on the rights of individuals.

My Lords, I take this opportunity to thank the Liaison Committee for its consideration. A number of us lobbied strongly, and I am very pleased that it has responded. I think what is not understood is that the legislation proposed by the European Union that affects Northern Ireland can have reach-back implications for the entirety of the United Kingdom. I hope that the Northern Ireland Assembly will eventually have a committee that can deal with its part of it. It is totally underresourced at the moment.

I would be failing in my duty not to put on record, for those of us who were members of the sub-committee, the enormous effort put in by the noble Lord, Lord Jay of Ewelme. He achieved miraculous results in getting virtually unanimous agreement for every report that the committee made, given the pretty mixed bunch of us that were on it. He did a fantastic job, and that should be put on the record.

My Lords, I join the noble Lord, Lord Empey, in thanking the Liaison Committee for agreeing to set up a new Select Committee, following on from the work of the previous sub-committee. I, too, pay tribute to the work of the noble Lord, Lord Jay of Ewelme, and the staff of the committee who did a tremendous job.

I was honoured to be a member of the previous committee. We produced excellent reports, which have been received very warmly in Northern Ireland, with a lot of interest from civil society right across all sectors of the community and the economy. It is vital that this House continues to play an important role in scrutinising legislation for Northern Ireland that is now being made by a foreign political entity without any input from Members of the Northern Ireland Assembly or Members of Parliament. It is an extraordinary situation, which makes it all the more important that this House, which has done tremendous work in the past and has been the only Chamber doing this work is able to continue that. I think everybody in Northern Ireland, from all sides, will warmly welcome this announcement today.

My Lords, the noble Lords, Lord Empey and Lord Dodds of Duncairn, have articulated why the Liaison Committee found this a compelling case and have made this recommendation to your Lordships.

Motion agreed.