Northern Ireland (Ministers, Elections and Petitions of Concern) Bill

Report

Amendment 1

1: After Clause 2, insert the following new Clause— “First Minister and deputy First Minister to be referred to as Joint First Ministers The First Minister and deputy First Minister elected under the Northern Ireland Act 1998 are to be referred to as Joint First Ministers, and all references in that Act (other than to their election) to the First Minister and deputy First Minister are to be read as references to the Joint First Ministers.”Member’s explanatory statement This new Clause provides that First Minister and deputy First Minister be referred to as Joint First Ministers reflecting their identical status, powers and responsibilities.

My Lords, Amendment 1 is in my name. I also support Amendment 2 in the name of the noble Lord, Lord Empey. Amendment 1 would provide that the

“First Minister and deputy First Minister be referred to as Joint First Ministers reflecting their identical status, powers and responsibilities.”

At Second Reading, I indicated that the Good Friday agreement provided a level of hope and expectancy back in May 1998, and that we in Northern Ireland want

“to use the architecture of the Good Friday agreement to work together in partnership, reconciliation, parity of esteem and respect for difference. Those are the kernels we urgently need to build the political stability and resilience of government.”—[Official Report, 29/11/21; col. 1234.]

We need to revert to that position through the title of Joint First Minister for the good delivery of policies, for proper identification, for equality, for reconciliation and, in terms of that good delivery of policies and operational matters, for the people of Northern Ireland. Why do I say that? To recreate that hope and sense of fairness and equality that we all felt back in 1998.

Central to the Good Friday agreement were consensus and the principle of consent. As I said, the agreement contained the infrastructure and architecture that provided the framework for people to work together with respect, mutual understanding, trust and confidence in each other. Those basic principles were also discussed at St Andrews but there was a change of emphasis in terms of the appointment of the First and deputy First Ministers, as the noble Lord, Lord Empey, will refer to when he introduces his amendment.

Now, we need to build on this Bill and return to that vision of 1998, which created the infrastructure and architecture to manage differences and realise a better shared future based on partnership and working together in Northern Ireland. It is important that we revert to the spirit of the 1998 agreement. I believe that this amendment in my name, to which the noble Baroness, Lady Suttie, has added her name, would ensure that the Joint First Ministers are classified as such to demonstrate that they have identical status, powers and responsibilities. I firmly believe that this would confer on the people of Northern Ireland the sense of responsibility that the Northern Ireland Executive have, and it would help them to see people physically and ethically working together because, to all intents and purposes, both posts are equal. This also needs to be reflected in the way they are elected, hence my support for the amendment in the name of the noble Lord, Lord Empey.

My Lords, I have a great deal of sympathy with the amendment that the noble Baroness, Lady Ritchie of Downpatrick, just moved, and I say that as somebody who was not a fan of the Belfast agreement when it was signed. I opposed it, I hasten to add, not on orange or green grounds but on democratic grounds—being Ulster Catholic on one side and Scots Presbyterian on the other, I always felt I had a bit of a personal stake in power-sharing. However, I did not like the way that there was no proper opposition, the way it enshrined all the parties being in office, and the implication that things would become a scramble to reward supporters of those parties with public sector positions. I lost that argument—Northern Ireland went in a different direction and there is now a consensus behind it.

However, having gone down that road, it seems, as the noble Baroness says, that this is closing a loophole. We have decided to create these two positions as effectively coequal. The only difference between them is one of nomenclature, and if that is causing a sense of inequality or, if you like, forced competition in elections, as the noble Baroness said, it seems a quite small alteration that this amendment would address. Of course, I understand that the Bill is primarily about something else but I reiterate her call and hope that my noble friend the Minister will keep it under consideration.

My Lords, I too speak in support of Amendment 1 in the name of my noble friend Lady Ritchie of Downpatrick. In doing so, I will say a word or two about the fairly dangerous context that Northern Ireland politics is now in.

There is no greater or more enthusiastic supporter of devolution than I but where processes put in place for the best of motives are abused, there is an obligation on us all to rectify that. Regrettably, there have been examples in the recent past where the implementation of legislation passed at Westminster—because, for whatever reason, it could not be passed at Stormont—has been thwarted by either the DUP or Sinn Féin.

That was the case for payments for those severely injured through no fault of their own during the Troubles, which were disgracefully blocked by Sinn Féin despite being in statute as a legal obligation—as a result of an initiative taken in your Lordships’ House—until it was humiliatingly ordered to obey the law by High Court judges. It is perfectly legitimate for the DUP to oppose the protocol but it is not legitimate unilaterally to seek to block it. How can one party alone in a devolved Administration seek to block an international treaty agreed between the Government of the United Kingdom whom they support and the European Commission?

Amendment 1 seeks to improve the Bill and thus strengthen the institutions supporting devolution in Northern Ireland. I hope that the Bill will have the support of noble Lords across the House, and I particularly welcome the recent commitment in the letter from the Minister to early commencement, as well as his Amendments 8, 9 and 10, which I support but which I will not speak to now.

However, I am concerned that, while we are discussing how best the institutions underpinning devolution can be made to function more effectively, there is a threat from the DUP to bring down those very institutions. Threats, veiled or otherwise, to collapse the Good Friday agreement institutions, whether over the outworking of the hard Brexit policy the Government disastrously pursued—supported by the DUP—despite repeated warnings about the inevitable outcome for Northern Ireland, or because the democratic process may produce a result that some parties may dislike, do not serve the people of Northern Ireland and their democratic self-government at all well.

My Lords, although I complete share and agree with every word of the point of view expressed by the noble Lord, Lord Hain, I will none the less return to Amendment 1, which we are discussing this afternoon. The noble Baroness, Lady Ritchie, clearly spelled out the purpose of Amendment 1, to which I have added my name, and I will not repeat the many powerful points she made.

On these Benches, we believe that making the change set out in Amendment 1 and referring to the roles as “Joint First Ministers” would reflect the reality of the situation and remove an artificial and unhelpful distinction. Such a change would also do much to take some of the heat out of the debate and allow for a more constructive and issues-based debate in the run-up to the elections to the Northern Ireland Assembly in May this year.

I understand from previous conversations with the Minister that he is open to giving proper consideration to making these changes. Does he not agree that it would be better if these changes were made sooner rather than later, and can he say when and how he intends to consult with the parties in Northern Ireland on this issue?

My Lords, I will make a few brief remarks in relation to Amendments 1 and 2. At the outset, I say that most people who live in the real world acknowledge that the Belfast agreement is a flawed piece of work. It is not perfect, and those of us who try from time to time to point out the imperfections are frowned upon as anti-democratic in some way.

I and my colleagues cannot support Amendments 1 or 2, not least because they are very much outside the scope of the Bill and the New Decade, New Approach agreement, which focused on ensuring the stability of the institutions. The appropriate vehicle for scrutinising the existing rules and appointments is the Assembly and Executive Review Committee at Stormont. This should certainly not be tagged on to the coat-tails of the Bill.

Your Lordships’ House should keep very much before it that, to put it mildly, the Northern Ireland Assembly is in a very difficult and precarious position. The protocol, which has already been referred to, has virtually put the Executive and the very existence of the Northern Ireland Assembly on life support. We were always told that nothing could move forward in Northern Ireland without the consent of the majority, and the consent of the minority. Of course, no unionist supports the protocol. But, somehow, we have been told, “Just suck it up and get on with it”.

Some time ago, when Sinn Féin sought to bring changes to welfare reform, it pulled the whole edifice down. Not only did it not get its demands at that time around welfare reform, but it then added three other demands and said that it would not go back until those were met—and nor did it go back until they were met in totality. They were steamed through the other place, and the Northern Ireland Assembly was given no say whatever. So the abuse of the cross-party and the majority of the majority and the majority of the minority has well and truly been kicked into touch.

My Lords, after that contribution it is difficult to know where to start. I begin by saying to the Minister that this is the first piece of legislation of substance that he has had to deal with. He will obviously have detected that this Bill is supposed to implement elements of New Decade, New Approach, and I suspect that he will notice the absence of references to that and its substance, as people have moved on to other things. My party is not a party to the New Decade, New Approach agreement and did not support it. There are elements within it that are okay, but we did not agree with the totality of it. Of course, the Bill is before us only because various abuses of the system have taken place over the years, and this particular piece of legislation is trying to patch up holes in the bucket.

There are differences between the amendment proposed by the noble Baroness, Lady Ritchie, and the amendment from my noble friend Lord Rogan and me. One deals with how to describe the offices of First Minister and Deputy First Minister, and the other deals with how we identify and arrive at them. The reason why we have suggested going back to the original in Amendment 2 is relatively obvious. First, it is what was agreed at the talks. Secondly, it is what was there when the people of Northern Ireland voted in the referendum to pass the agreement. Therefore, it has the legitimacy of being agreed by the parties at the time—those that participated —in strand 1 at Stormont. Neither Sinn Féin nor the DUP participated, but those parties that did put that proposal to the electorate before anything was operated at Stormont the first time.

I have disagreed with the noble Lord, the former Secretary of State, over his decision in 2006-07 to make changes following the St Andrews agreement, because the changes to the methodology for electing the First Minister and Deputy First Minister were not in the communiqué for St Andrews, but they appeared in the draft legislation immediately after it. The differences appeared at the time to be relatively modest—unless you looked at the minutiae—but they are actually very profound. The reason why we negotiated the arrangements as set out in Amendment 2 is that it was designed to give political, public and constitutional expression to the partnership of the Office of the First Minister and Deputy First Minister.

It may seem a trivial matter, but it proves the point. When, in the first Assembly, First and Deputy First Ministers were answering questions, we respectively moved to each other’s Benches on a rotational basis to answer the questions to demonstrate that the posts were equal. The reason they were equal was because we sought, after years of difficulty and disagreement, to give each of the larger sections of our community a hand on the steering wheel.

The noble Lord, Lord Morrow, said that without the changes made at St Andrews, there would be no devolution. That is nonsense. There was devolution before St Andrews and there will be devolution after it. What changed was that the goalposts were moved to the extent that changing from designations within the community—I know there are many Members who want to change that, and we will obviously have to address that at some point—meant it was the largest party. Therefore, the largest party in the Assembly could be from a minority designation but still have First Minister. That would have been impossible under the arrangements that we negotiated in 1998. It has been used at every election since, as “If you don’t vote for me, you will get Sinn Féin.” It is in the manifestos, in black and white. It is there. That fear is irrational but significant, and not to be underestimated. That is the only shot in the locker that some people have to win elections. “If you don’t vote for me, you get them.” That is the way it is. That is the only leg that some people have to stand on.

The reason why there is a difference in these two amendments, therefore, is that we believe that if you are going to significantly change the rationale behind the institutions, it should be done by going back to the people who negotiated them in the first place. That is basically the rationale for the difference. This is not to be underestimated. I know that the Minister has a genuine case to make, that we have moved into things that have not been part of the original legislation. In fact, in a Statement he made or in a letter that he sent out, I think he described the Bill as “technical”. My goodness me, we are well beyond “technical”, are we not?

What we need to be looking at is that there is a pattern of messing around with agreements and trying to change them on the hoof to deal with the latest crisis, instead of having a rational process to deal with it. I agree to some extent with the noble Lord, Lord Hain, in his point that there is erratic engagement by the Government from time to time. Sometimes, they are engaged and sometimes they are not. Then we get up and arrange backstairs deals here.

Double-jobbing was mentioned by the noble Lord, Lord Morrow. Of course it is nothing to do with New Decade, New Approach; nothing to do, strictly speaking, with the legislation. We all were involved in it. In fact, there is one noble Lord in the room who spoke in Brussels, Westminster and back in Belfast in one day: that is the noble Lord, Lord Kilclooney, who, at that time, had multiple mandates, as many of us have had. That was because it was not clear whether the institutions were going to survive or not and people therefore helped to try to get the thing started, and it was a perfectly legitimate thing to do, but we have strayed quite a bit from the legislation.

I just make those points. I sincerely hope that the Government will look very closely at this, because it has the potential to derail things after May. I can see it all: it is there in black and white. It is no secret that it will be a huge issue, against the background of the pandemic, our young people having lost two years of their schooling, and the huge rise in the cost of living and inflation. All of these things will be swept aside and we will concentrate on “If you don’t vote for us, you’ll get them.” It is such a waste of time and effort; it is a wasted opportunity to try to make devolution work so that it delivers something different and better than if the legislation and the Administration were coming from here. Otherwise, what is the point of having it?