Northern Ireland (Executive Formation) Bill

Second Reading

Moved by

That the Bill be now read a second time.

My Lords, I would like, first, to take this opportunity today to express my sadness at the death of Sir Anthony Hart, who was chair of the inquiry into historical institutional abuse. Sir Anthony was a dedicated public servant and highly respected High Court judge. My thoughts and condolences are with his family and friends at this difficult time.

At the end of April, the Secretary of State, with the support of the Tánaiste, set out a new approach to the Northern Ireland talks aimed at restoring all the political institutions of the Belfast/Good Friday agreement. This has required addressing some challenging but important issues on which accommodation must be found if the political institutions are to be fully and sustainably restored. Talks have continued to be positive and constructive. There remain, however, a number of issues on which the parties have yet to reach agreement.

The two largest parties have over recent days been considering how an accommodation can be reached on these remaining issues. It is clear that more time is needed. We have therefore agreed that the parties continue to engage with each other in consideration of their positions before reconvening next week for further discussions. They need this additional time to secure agreement.

While the talks continue, the Government’s overriding responsibility remains to provide good governance in Northern Ireland and to ensure that civil servants have the power they need to maintain public services. The law allowing limited decision-making to ensure the effective delivery of public services to continue in the absence of an Executive expires on 25 August. After that, the Northern Ireland Civil Service will revert to the restrictions applied to decision-making by civil servants following the Buick High Court judgment, leaving Northern Ireland without the powers to ensure good governance.

That is why the Bill is essential: it will extend the period for devolved government to be restored by two months, from 26 August 2019 to 21 October, with provisions that allow for a further extension of that period to 13 January 2020. A new deadline of 21 October creates the time that parties need to get an agreement, and there is provision for a short extension with the consent of both Houses.

It will not have escaped your Lordships’ attention that the Commons made amendments to the Bill last night. Those amendments largely cover reporting requirements and requirements for debates on certain topics. However, your Lordships will be aware that, in addition to reporting requirements, the Bill was amended to oblige the Government to introduce regulations to provide for same-sex marriage and abortion. Those votes demonstrated the strength of feeling of the Members of Parliament. However, these are sensitive issues and careful consideration needs to be given to both the policy details and their implementation. Crucially, the amendments as drafted do not function properly, and so do not enable the Government to deliver on the instruction of Parliament.

My Lords, I fully understand why there is a need for the Bill. I am slightly disconcerted by the Minister not explaining in his speech what the Government propose to do about the amendments passed in the Commons yesterday, particularly those in the names of Stella Creasy and Conor McGinn. Do the Government intend to leave the Bill as it is, to make technical modifications to the amendments but keep the spirit of them, or to try to reverse them? It would be helpful to know that, because I was all set to say, “Well done the Commons” and regard those issues as no longer necessary to talk about.

One of the issues that concerns me, and I do not believe that there is a recent example to the contrary, is decisions being made by civil servants—whom I do not disparage; I am sure they are acting as conscientiously and in as well-meaning a way as possible—without an atom of accountability by Ministers or Parliament, or any other form of accountability. I cannot think of an occasion in the last 200 years where that has been the case in this country. We have either had direct rule or devolved rule at Stormont, and in each case there was a measure of proper accountability.

When I was a member of Mo Mowlam’s ministerial team in Northern Ireland for nearly three years, I appreciated that there was clearly no accountability on my part to local people in Northern Ireland. That was why we were keen that devolution should happen. On the other hand, there was quite a measure of accountability in this House and in the House of Commons. Indeed, a number of former Secretaries of State were in this House, so there was a high level of scrutiny of the decisions made—and it was quite formidable having to deal with former Secretaries of State, who clearly knew their stuff pretty well. It seems that there is an enormous democratic deficit here, which is entirely unsatisfactory. I am sure that historians will find evidence in this respect from several hundred years ago, but not recently. This situation is fraught with danger. We have a lack of an Executive, and the potential for men who wish to disturb the situation to do so by using violence—I hope not, but it is possible—to achieve their ends.

My Lords, I thank the Minister for introducing the Bill—although I think all of us are unhappy that there is a need for it to be here at all. I echo his tribute to Sir Anthony Hart, who died earlier this week. We all recognise that he was a man of integrity and honour. Perhaps the best tribute we could pay him is to implement his recommendations as quickly as possible—and I know that others will raise this.

This piece of legislation is a holding measure for an intolerable situation. It is certainly no substitute for getting the application of the Good Friday agreement and power sharing back on the road. It is fundamentally unsustainable, which is why it has to be stepped and timetabled in the way it is. We all know—it has been repeated many times in this House—that there is a growing backlog of decisions and issues in Northern Ireland that are simply not being addressed, and cannot be addressed, because there is no legal framework for doing so. The Province is falling further and further behind, and public services are becoming increasingly inefficient, unreformed and stressed. In addition, we have Brexit coming down the track, and nowhere is more vulnerable to its impact than Northern Ireland; nowhere else in the UK would be so hard hit. The longer this goes on, the more difficult it will be for Northern Ireland to catch up and get to where it ought to be.

So, while we recognise that the Bill is necessary, it is difficult to know what its dynamic is in relation to the ongoing talks. I hear some people say that it puts pressure on for a solution, but others say that it takes that pressure off. We need to know which it does, because we desperately need a solution. People want to see progress. When the talks were restarted, many of us thought that there was a real window of opportunity for progress to be made. The longer that progress is not made, the more the window starts to close—if not slam. The only consolation is that it has not shut yet.

My Lords, at the outset I too pay my respects and condolences on the death of Sir Anthony Hart; I do so on behalf of my colleagues and my party. He was a man of integrity; we regret his passing and pass our condolences to his family.

We should be debating a very simple Bill today—but not any more. This was not a Bill about policy; it was supposed to be an administrative Bill. Its original scope was very narrow; it just extended the period for forming an Executive. I regret deeply that the period requires extending, and my party strongly believes that devolution is the way forward. We believe that it serves Northern Ireland well and that the people of Northern Ireland should make these decisions. Extending the period was all the Bill was about, as the Minister in the other place said. I listened carefully to what the Minister said and was struck by the words he used. He said the Bill was intended to give more time for the parties to find an agreement. Today I serve notice on this House, with no pleasure, that it will take a lot more time with this Bill in place. This effectively pushes devolution far down the road. As a matter of fact, none of us can see it happening. That is the regrettable result of what we are faced with today.

It is extremely difficult for me to convey the distress in Northern Ireland this morning following the changes made to this Bill on abortion and same-sex marriage in the other place yesterday. Even if you support changes in those two areas and are a fanatical fan of them, the manner in which many Members of the other place who do not represent Northern Ireland—I suspect many have never been there in their lives and have no plans ever to go there—took it upon themselves to try to change the law in these two areas is wholly, totally and utterly unacceptable. Whatever one thinks of these matters, they are colossal issues in Northern Ireland. Do not underestimate them or the impact that this will have.

My Lords, this is a Bill that we have seen many times before and we understand the reasons for it.

I am sorry; I intended to start by paying tribute to Sir Anthony Hart, who I knew well in my university days. He made a very significant contribution to the law in Northern Ireland and I would like to join those who have offered condolences to his family.

The Minister was quite brief in opening this debate, and I can understand why. Like the rest of us, he is not really clear about what has happened or what is likely to happen. We are in a very unusual situation. Unfortunately, this House and the other place have been going steadily downhill for the last year or two. We now see the sort of shenanigans that are going to be introduced here, the way they were in the other place. We can expect Amendment 14—the one that the Government won—to be reintroduced here. It will be interesting to see what the approach will be in this House. I would not like to predict what the situation will be.

I understand a lot of the chagrin that the noble Lord, Lord Morrow, feels about this matter. However, he was sailing close at some points to blaming the Government for this shambles, when it was not the Government’s fault. They tried to prevent some of the amendments that were tabled and were successful in some areas. We do not know what the Government are going to do next week; I am sure that the Minister cannot give us an answer at the moment. However, we see that the processes in this House are being hijacked, partly by the clique in the Commons which is trying to prevent us leaving the European Union. That is not something of which they should be proud. There are also other issues which have been mentioned with regard to abortion and same-sex marriage. Those are delicate matters. I have found myself taking a particular position with regard to same-sex marriage, which was forced upon me when my elder daughter got married to her girlfriend. I cannot change that, and I cannot now go around saying that I am opposed to it because I acquiesced to it. There we are.

With regard to abortion, I find it rather curious. I know that there are strong feelings on that issue as well. People say the law this and the law that, and various campaigns are trying to urge Parliament to extend legislation to Northern Ireland, but I find that people are not looking closely at what the law is. The law on abortion in Northern Ireland is partly on statute but most of it flows from common law, from the Bourne case of 1939. People say that abortion is banned in Northern Ireland. It is not; abortion is legal in Northern Ireland. I see heads shaking on the other side of the Chamber but they are wrongly shaken. I think there is only one situation that is not covered. There is a gap with regard to foetal abnormality, and I think that is the only point where the law in Northern Ireland diverges from the law here.

My Lords, last month I asked an Oral Question which focused on the implementation of the recommendations in Sir Anthony Hart’s report. I join colleagues in conveying my condolences. In that exchange, I quoted the number of victims who had perished since his report was issued and who had not received justice—and now Sir Anthony himself has been added to that list. I see that in the House of Commons reference was made to this and reports required to do something about it. I have to say to the Government that leaving this any longer is entirely unjustifiable, on a humanitarian basis apart from anything else.

As the noble Lord, Lord Morrow, pointed out, this legislation is not what we were expecting. Indeed, at this stage, it is not entirely clear what we will be dealing with in Committee, because the Government have decisions to make. It is normally the case that in this House we do not divide at Second Reading, and I fully accept that, but the piece of legislation we are debating could be very different when we come back to it next week, so we will have to keep an open mind. However, I doubt that there are many people here who are hugely surprised that we are having this debate all over again. Officials at the Northern Ireland Office, the Minister’s department, remind me a bit of the Bourbons; they have learned nothing and forgotten nothing. Some of us have harped on for years about the way they conduct negotiations—or, until recently, do not conduct negotiations.

They started reasonably well last month; they had a structure, they had meetings, including regular leaders’ meetings and an agenda-setting meeting, and they established groups. That was all going quite well. But towards the end of the month, they reverted to the old practice of abandoning those meetings and leaving it up to two parties to do all the business, with the Government ringing around the rest of us to see if we knew what was happening. That is the wrong approach. The noble Lord, Lord Morrow, knows that perfectly well, because he, along with the rest of us, was part of it. You need a structure and you need people to show their political positions in front of everybody else, otherwise you will never get the openness and transparency necessary to deliver a deal. We have been there and done that, yet we make the same mistake again and again.

My Lords, I rise to debate an issue affected by the amendment brought forward in the Commons yesterday by Conor McGinn. I think it is widely recognised in this Chamber that I have been working with Conor McGinn on changing the law on same-sex marriage in Northern Ireland. I will continue to do so and will refer back to that in a moment.

I share the regret expressed by a number of noble Lords, on all sides of the House, that this legislation is necessary. We have now been running for some two-and-a-bit years without any form of effective governance in Northern Ireland. The noble Lord, Lord Morrow, was absolutely right to list that positive litany of issues that have not been dealt with. Having said that, Northern Ireland continues to move on—it moves forward and changes.

I referred in a previous debate to my own relatives from Northern Ireland, with whom I was this weekend. Some of them have moved to Northern Ireland for the first time in their lives and are thoroughly enjoying it. They find Belfast a vibrant, positive city; those who have lived there previously are overwhelmingly positive about the changes they have witnessed there over their lifetime. I shall take pleasure in being in Belfast next month and, possibly to the satisfaction of a number of Peers who have already spoken or may be speaking, at Ravenhill later in the year with members of my family cheering on Ulster against some opponents, whoever they may happen to be. I know where my heart lies: with the view that we should not have to deal with this legislation. But the reality is that we are, and we have to deal with something as this cannot go on forever.

I will not go over many of the points that I raised during debate on the Private Member’s Bill, or the amendments I have pursued to other Bills since I first introduced a Private Member’s Bill in March last year, in common with Conor McGinn. I have spoken on five different occasions on the subject and it is therefore self-evident that I welcome the vote that took place. However, the noble Lord, Lord Morrow, raised a particular point, and the noble Lord, Lord Empey, referred to not being sure where people have been. On 1 March, when I withdrew an amendment to another piece of legislation, I made it absolutely clear that I would be seeking another vehicle to move the amendment introducing same-sex marriage in Northern Ireland. That is the phrase I used, and this is another vehicle. An amendment was debated in the Commons—for which there was a substantial majority; one might even describe it as massive—that included a section on the deferment of implementation. When I originally introduced our Private Member’s Bill it had no clause acknowledging that there might be the opportunity for some form of decision-making in Northern Ireland, so I introduced a period during which, if a Government returned to Northern Ireland, they would have the opportunity to confirm that decision—or not.

My Lords, I support the Bill, but I have to say—I have said similar things on previous occasions—with a heavy heart. There is a sentence that is very worrying in the report of our own Constitution Committee:

“The Bill effectively perpetuates the stasis in Northern Ireland governance”.

It is an accurate sentence, but one that should give us all deep cause for concern—I know it does the Minister. However, there is no alternative to the Bill: I think we need to say that we need extra time and it is an attempt to gain extra time for talks on devolution, but there are other things to say.

In the other place, there were two significant amendments—Conor McGinn’s and Stella Creasy’s—and I want to indicate my support for those. I am of the view that, historically speaking, the broad tendency of the union has been to provide a better social and economic life for the people of Northern Ireland and a more broadly liberal life than would otherwise be the case. I am absolutely certain that in the not trivial matter of standards of living of ordinary people, working-class people in particular, the union has delivered massively throughout the last century. I have no doubt about that, or that the broad approach and the underlying positive operation of the union tends to be broadly progressive. I find it very hard, if we believe that, then to say, “Oh, I am not happy with what happened in the House of Commons in these two amendments”.

I realise the difficulties, and the Minister has left us in some doubt—I understand why—as to exactly what is going to happen, but I think something significant happened with those two amendments. However, I also want to say something else, particularly in response to the speech of the noble Lord, Lord Morrow. I agree with him that the tone of much that was said on this subject in the Commons yesterday was unfortunate. I think it was Palmerston who talked about the English public in a fit of morality being a not particularly pleasant sight, and that is even true of the British liberal public in a fit of morality.