Northern Ireland (Regional Rates and Energy) (No. 2) Bill

Lord Browne of Belmont Excerpts

Committee: 1st sitting (Hansard): House of Lords & Report stage (Hansard): House of Lords
Tuesday 19th March 2019 Lords Chamber

[Lord Kilclooney (CB)]

My Lords, I support the amendments and, as I said during Second Reading, I feel inclined to oppose the Government on this Bill.

The position we are in has arisen due to people having been somewhat misled, as the noble and learned Lord, Lord Mackay, said. They were given guarantees by government that are now not being honoured. People feel very aggrieved about that, and not just farmers. Someone said that it was an act of faith, and I notice that some gospel halls were also involved in this heating scheme. They feel aggrieved because there is no Assembly, as Sinn Féin, the DUP, the Ulster Unionists and other parties have not reached an agreement about an Assembly. This is a devolved matter, and we are debating it here in this Chamber because the other opportunities have come and gone. The Stormont Assembly failed.

The other place did not make a decision favourable to those involved in the scheme. Those who now feel aggrieved—there are thousands of them—and who will be hit financially very hard are holding up the House of Lords as the last place in which they might be rescued. Therefore, this is a very serious matter for this Chamber.

As the noble Lord, Lord McCrea, said, there is a deadline of 1 April. The European Commission ruled that the present scheme was contrary to the European Union’s state aid rules, and therefore—I do not like saying this phrase in relation to Northern Ireland—we basically have a gun to our head. We have to reach a decision. It has been suggested that there will be an interesting report from the Northern Ireland Affairs Committee in the other place. I keep asking myself: is it far too late for that committee to discuss this matter? This issue has been going on for well over a year. At this late moment, the Northern Ireland Affairs Committee will eventually—I am told promptly—consider this subject.

There is great praise for the Minister, and deservedly so. He is embarrassed by the praise that he gets from Northern Ireland, but he takes a genuine interest in our problems across the entire community. My question to him is this: since we have a deadline of 1 April from the European Commission, should the Northern Ireland Affairs Committee come out with different proposals in a month or two, will it be possible to rescue this scheme and save the farmers and the other people who are suffering as a result of doing what the Government asked them to do?

[Lord Browne of Belmont (DUP)]

My Lords, I said at Second Reading that this legislation is controversial and far-reaching. We all know it is regrettable that there is a lack of scrutiny. The legislation is extremely complicated and, indeed, was flawed from the outset. People genuinely entered into the scheme in good faith; they deserve to be treated fairly so that they do not suffer hardship.

However, we have to pay attention to the legalities of all this. The tariffs in the Northern Ireland (Regional Rates and Energy) Act 2018 are sunsetted. Therefore, if this Bill does not pass today, the department will have no legal authority to make payments in respect of boilers accredited under the scheme before 18 November 2015—some 1,800 boilers are, I believe, involved. So there are legal aspects to this that we must pay attention to. The other thing is that an independent review—the Ricardo report—said quite clearly that, under European Commission state aid rules, we had to stick to a rate of return of 12%. Can the Minister confirm that the base case tariffs or a compulsory buy-out have to be compliant with European state aid rules?

I can be brief—I think my other points have been made—but I hope that noble Lords will pay attention to the legalities involved in this scheme. We do not want anyone to suffer hardship, but we have to be very careful that these payments can be made. If we stop them there will be more suffering.

[Lord Murphy of Torfaen (Lab)]

My Lords, I support the amendments in the names of my noble friends Lord Empey and Lord Rogan. I call them both my noble friends of over 20 years, despite the eccentric seating in place today.

This is a sorry business, all of it—a terrible mess. The whole situation in Northern Ireland for the last two years started with the collapse of this appallingly planned scheme. We cannot get away from that. Sir Patrick Coughlin is currently conducting an inquiry into the scheme, the courts are ready to pounce and the Northern Ireland Affairs Select Committee has been asked to look at it as well. The difficulties go back to the way the legislation first came to us. There should not have been a Bill that, on the one hand, decided the regional rate in Northern Ireland and, on the other, decided the details of the RHI.

Equally wrong was the length of time taken by the department in Northern Ireland to deal with its consultation process. As a result, apparently, all the details that we need to consider for the Bill did not arrive until January, even though it was known full well that the previous Bill put forward was sunsetted to end at the end of March. This meant there would be totally inadequate scrutiny of the Bill by Parliament. What is done is done, but it means that we are in a mess. The noble and learned Lord, Lord Mackay, referred quite rightly to the fact that some of the people who, in good faith and on the advice of the Government, went to their banks and decided to take out loans to deal with this issue are now in a terrible mess. What happens to them? The Government are in a dilemma—partly one of their own making, because of what I have just referred to with respect to process.

If we do not pass the Bill, there will be no regional rate in Northern Ireland and the scheme will collapse, so people who are currently benefiting from it, in whatever sense, will not have any money to deal with it. At the same time, in the other place, the Secretary of State welcomed the Select Committee on Northern Ireland looking at it. Perhaps she did not realise that, under the circumstances of the Bill, it would have just under two weeks to consider it, which of course is impossible.

The Government and the Minister in particular, who has been rightly praised by all sides of the House on this and other issues, have to come up with a solution that will satisfy my noble friends Lord Empey and Lord Rogan, and the rest of us, about what can be done. They to ensure that the rates are collected and that the scheme does not collapse but, at the same time, looks after the people who took part in this scheme in good faith. There may well be ways the department could look sympathetically at cases in Northern Ireland. There may also be a way, although I cannot see what it would be at the moment, for the Northern Ireland Affairs Select Committee’s recommendations to be taken into account after the legislation has been improved, unless further primary legislation could be brought before this House to amend the Bill we are considering—it may come to that.

A general point has to be made: so long as there is no devolution in Northern Ireland, with no Assembly or Executive, we cannot have Northern Ireland legislation coming to us in bits or as emergency legislation that denies proper scrutiny. The dilemma that all of us, and the Government in particular, are in today results from the fact that the business managers have not taken Northern Ireland legislation seriously. That has to change, until such time when the institutions are revived in Northern Ireland, which I hope will not be that long away.

These Benches will support a Division, if my noble friend Lord Empey calls one. I hope that can be avoided with what the Minister is about to tell us, because we want to ensure that the legislation goes ahead. However, we also want to ensure that the hundreds of people in Northern Ireland who are now in a sorry state because of this RHI can be dealt with in a proper, decent, humane manner.

Northern Ireland (Regional Rates and Energy) (No. 2) Bill

Lord Browne of Belmont Excerpts

2nd reading (Hansard): House of Lords
Tuesday 12th March 2019 Lords Chamber

[Lord Browne of Belmont (DUP)]

My Lords, I start by thanking the Minister for bringing forward these essential Bills today. They ensure that public services continue to be provided in Northern Ireland and give departments some certainty going forward. In the unfortunate continued absence of decision-makers at a local level, I welcome the Government taking these necessary steps but I know that they too will recognise that this is far from an ideal situation. Regrettably, this is the third consecutive occasion that expenditure in Northern Ireland has been considered through an unusual, fast-track process in your Lordships’ House, with little scrutiny or knowledge of how allocations to specific departments have been decided. I would much prefer that Bills such as these were being presented in a fully functioning Stormont Assembly by a locally accountable Minister. Equally, I wish that local representatives were able regularly to debate, scrutinise and analyse specific spending, and raise matters relating to their areas. Unfortunately, this is impossible to the same degree right now.

One political party aside, all the other parties want to get back into government and into a functioning Assembly. MLAs were elected to serve the people, but unfortunately they are prevented from doing their jobs. None of us wants to be in this situation, but the people of Northern Ireland must not be punished further because of a political stalemate.

As with any budgetary allocations, challenges are presented—and specifically when allocations are based on historic decisions. When allocations are made by individual departments, we cannot always be certain that the finances will go towards areas that the public might expect to be prioritised. In addition to looking at the amounts being allocated, we must also look closely at how effectively that money is being spent. For example, significant additional money was secured for education as a result of the confidence and supply arrangement. This money was originally meant to go towards front-line services in education. After numerous inquiries, it was eventually revealed that the department allocated this money to finance the Education Authority, which was running a deficit. After further such inquiries to the department relating to spending, a number of my party colleagues met with a series of principals in the education sector. These principals were unanimous in the view that action, in the form of ministerial involvement in the decision-making process, needs to happen soon to rescue their sector from what they describe as an impending crisis.

While the current situation presents considerable challenges, those have been reduced significantly by the welcome additional money obtained for the reform of the health service and for front-line services. On health transformation, the Permanent Secretary to the Department of Health recently made it clear that £100 million was invested in health transformation funding last year, and a further £100 million will be invested this year, as a result of the confidence and supply arrangement. This must be welcomed by all, because it provides an opportunity for the rolling out of multidisciplinary teams and other measures that will save money in the long term. These substantial amounts of money are going directly into transforming the health service, and I welcome that.

While always remaining challenging, there is positive news for our schools, with increased spending on front-line services. I trust that key services such as health and schools can also benefit from regular monetary round allocation in year. For homes and businesses struggling with slow—or no—broadband, the ultra-fast broadband project is also moving forward, along with a clear pathway for spending the £150 million secured through the confidence and supply negotiations. I look forward to the tender process starting and the infrastructure being laid. This investment will make a real difference—according to independent estimates, it could be worth over £1 billion for our local economy.

There is also good news for areas of deprivation, with £20 million from the confidence and supply deal being allocated to help some of the most vulnerable communities. This budget reflects the priorities of an Executive of more than three years ago. Indeed, if we look closely at the heads of spending for 2018-19 and 2019-20, we see that they are virtually identical. Very little is new, because of the current situation.

This legislation allows permanent secretaries to take decisions that could redirect spending. Senior civil servants have been tasked with taking the majority of the decisions within departments for over two years. However, in a number of instances key decisions are still not being made. A growing number of key decisions still need to be made on health, education, infrastructure and public services. In many cases, these decisions are about prioritisation—for example, decisions still need to be taken on school places and teaching staff.

Given all available information, it is clear that further action is required in order to deliver good government for Northern Ireland. Can the Minister provide some assurances to the departments that the relevant ministerial direction and involvement in the decision-making process will be provided? The people of Northern Ireland require further assurances, because at the minute, they are only receiving the bare minimum level of governance. We cannot allow the decision-making process to grind to a halt.

My party will continue to work towards a return to locally accountable government. I am of the firm belief that, with political will on all sides, it is possible to see local government back up and running. In its absence, my party will continue to work hard, here and in the other place, as it has done in relation to the confidence and supply arrangements. We will continue to press the Government on all of these matters in the weeks and months ahead.

Turning to the Northern Ireland (Regional Rates and Energy) (No.2) Bill, I have reservations about the level of the domestic rate increase, which is above the rate of inflation. In fact, it is the rate of inflation plus 3%. In some cases, this will cause considerable difficulty for households that do not qualify for housing benefit on their rates but are still in low-paid employment and wish to stay in employment. However, it was initially proposed that the increase would be much higher, and in that regard I am grateful to the Government for listening to the concerns expressed by my colleagues in the other place.

I welcome and appreciate the efforts made by the Government in relation to city deals. These projects could lead to a potential increase in employment and opportunities for local businesses; I hope and trust that the relevant measures will shortly come before the other place and your Lordships’ House.

On the renewables scheme, I thank the Minister for arranging briefings on this very complicated matter. The issue is controversial and far-reaching, and its consequences will be felt by a lot of people for a long time. I honestly do not know of anyone who can say that this scheme has in any way been a success. In fact, the way it was set up and ultimately abused by some was disgraceful; fundamental change was required. Why was this not stand-alone legislation?

It is important to say that the scheme was not abused by everyone. As we all know, some certainly did abuse it and their subsidies were rightly cut. However, many people entered into the scheme in genuine good faith and, as a result of the information they were given, ultimately installed more expensive boilers, expecting to get a return at some point in the future.

The historical problems associated with the RHI tariff are the subject of an ongoing public inquiry, so it would be wrong to press those matters in too much detail today. However, the Minister will be aware of our concern that there has been a lack of proper scrutiny of the new proposals. There needs to be further scrutiny, even after this has gone through, so that there can be an opportunity for revision if at any point the figures are proved to be wrong.

While we await the report of the public inquiry, one of the issues on which it makes recommendations may be how we scrutinise measures such as this going forward. We would have hoped that Parliament could set an example on that. Will the Minister address the concern about the timing of this proposal, coming as it does so close to the end of the financial year?

My Lords, I give my support to these Bills.

Northern Ireland: Devolution

Lord Browne of Belmont Excerpts

Thursday 14th February 2019 Lords Chamber

[Lord Duncan of Springbank]

I say that because we cannot be; this is too important. We are now at a critical stage of making sure that we are able to bring the parties back together. As I said in answer to the previous question, I do not doubt that we have missed the valuable voices from that area. It is important that we use the time which we have now before 23 March to demonstrate that we have through our work delivered an outcome which is bringing the parties back together. Whether we are able to achieve a fully restored Assembly before that point remains to be seen, but your Lordships will recall that there is a second five-month window if we have made sufficient progress in the first five months. Bringing back sustainable government to Northern Ireland remains the steadfast policy of this Government.

[Lord Browne of Belmont (DUP)]

My Lords, no Assembly or Executive has been in place for more than two years, but there is a real desire in both communities to restore them so that vital services such as housing, health, education and policing can be effectively delivered. Does the Secretary of State have any new initiatives to bring both or all the parties together so that we can have this restoration, or are we travelling fast down a road to the appointment of direct-rule Ministers?

[Lord Duncan of Springbank]

We are not travelling fast down a road toward direct rule, but it remains one of the options if we are unable to deliver what we believe is the most important outcome: a sustainable Executive. Good governance is clearly the most important aspect of this whole function. On whether my right honourable friend the Secretary of State for Northern Ireland has initiatives, she has been actively and tirelessly engaged in discussions to try to bring about the early stages of these talks. It has not been easy, but I hope that we will have some progress within the period—I want to correct myself from earlier: it is 26 March and not 23 March. Forgive me.

Brexit: Negotiations

Lord Browne of Belmont Excerpts

Tuesday 20th November 2018 Lords Chamber

[Lord Browne of Belmont (DUP)]

My Lords, this is a most significant moment for our nation. It is vital that everyone’s right to debate and examine the draft deal is respected. My position on the proposed deal and that of my party—the Democratic Unionist Party—is in line with what we have previously said in your Lordships’ House, in the other place and in private conversation with Her Majesty’s Government.

In its current guise, the text of the draft withdrawal agreement would establish fundamental differences between Northern Ireland and the rest of the United Kingdom. Indeed, as my noble friend Lord Morrow has already pointed out, Annexe 5 in particular would mean that Northern Ireland remains in the European Union single-market rules for goods, including food standards, while Great Britain would not. In practical terms, this would mean increased checks on food and agricultural products entering Northern Ireland from Great Britain, which would create new barriers for businesses, including supermarkets. In our eyes, such a solution is unthinkable and cannot be described as anything other than a border in the Irish Sea.

The deal that has been negotiated by the Prime Minister and the Government is much different to that described in speeches and announcements during the course of the past two years. Indeed, if we take Lancaster House as one example, one would have expected that any draft before us would have freed the UK from the customs union, the single market and the diktats of the European Court of Justice. This is not the case and in our opinion the draft agreement fails to deliver the referendum result across the United Kingdom. It leaves Northern Ireland subject to the rulings of the European Court of Justice. It creates a democratic deficit whereby Northern Ireland would become subservient to EU legislation with zero representation. In real terms, Dublin legislators would have vast influence over swathes of rules governing us, while elected representatives in Belfast or London would have none. This violates the principle of consent. It also extends the role of devolved institutions and grants a joint committee a significant input into local affairs. This collectively amounts to a breach of the Belfast agreement.

The precise wording of the draft agreement also ensures that Dublin and Brussels hold an active veto on whether the backstop ceases to apply in Northern Ireland in the future. Both options—the review mechanism or the extension to the transition period—fail to allow the United Kingdom to unilaterally move away from these arrangements should it ever wish to do so. This could leave us in a state of permanent limbo and make it difficult to leave the backstop. The ability to supersede the backstop,

“in whole or in part”,

also expresses a danger that Great Britain may be able to leave the backstop but Northern Ireland has to remain. That is not taking back control.

Under the plans before us, Northern Ireland would be locked into an arrangement whereby a substantial number of our laws will be made elsewhere. Regardless of how damaging they are to our economy, we will have no choice as to whether they should be implemented, nor will we be in a position to amend them. The extent of the barriers between Northern Ireland and our main market in Great Britain will be dependent on what the EU deems necessary. We are not alone in our resolve to oppose the risks that this deal presents to our precious union. Departing Cabinet members hold the view that this agreement presents a real threat to the United Kingdom. The Labour Party Front Bench has described it as,

“a de facto border in Irish Sea”.

My party—the Democratic Unionist Party—will not step back from its commitments to defend the security of the union and protect the long-term economic interests of Northern Ireland people alongside those in Great Britain. Ultimately, neither of these things can be guaranteed by this withdrawal agreement, and for this reason I cannot support it in its present form.

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Lord Browne of Belmont Excerpts

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

[Lord Browne of Belmont (DUP)]

My Lords, regrettably we are again discussing another piece of legislation that should not have been necessary. Once more, we are holding a debate against the backdrop of a Northern Ireland with no locally accountable decision-making body in place. None of us wants to be in the current situation with no local decision-makers. As I have said many times before in this House, it is vital that we move forward positively. Northern Ireland has moved on considerably during the last decade and, despite the present situation, none of us wants to go back to where we were in the past. In the context of the continued absence of a fully functioning Assembly and Government, legislation such as this is necessary to facilitate the continued governance of public services. Bills require scrutiny, analysis and examination. This is the level of accountability that one should expect. Time does not allow for a great deal of that today and I would, naturally, prefer that such matters were scrutinised in the context of Stormont. Unfortunately, this is not the present reality.

I support the Bill, but I do so cautiously as it is limited in scope and far from an ideal solution. Before focusing on a couple of specific concerns, it is important to look at how we have reached this situation. It is worth repeating that we are discussing these matters in your Lordship’s House, and in the other place, only because of one party’s narrow agenda. Instead of a fair and balanced way forward, the party that collapsed the Stormont Assembly in January 2017, and refused to return, continues to halt progress in re-establishing a Government. One party continues to place the fulfilment of demands ahead of governing in the interests of everyone in Northern Ireland. Unfortunately, the result is that there is little prospect of a return to local decision-making at this time.

The legislation before us, although welcome, will continue to present challenges. Unaccountable senior civil servants have been tasked with taking decisions within departments for a considerable period of time. It is true to say that in some instances, decisions have been delayed and many are still not being made. I commend the Government for being proactive in issuing supporting guidance to the Civil Service so that it can get on with its job of doing the necessary work to advance day-to-day living in Northern Ireland.

The Buick ruling undoubtedly undermined the status of officials. Although the legislation and guidance are aimed at dealing with this directly and at providing some advice and clarity to reassure officials, I remain concerned that it gives limited scope for decision-making. There are still real concerns that decisions will be subject or open to judicial review or legal challenges. Does this legislation do enough to minimise the possibility of such a scenario?

It is to be welcomed that there is some assurance that decisions can be made, although it is likely that these will be non-controversial, covering planning and investment, which enjoy a broad consensus. I welcome the Government’s clarity in the other place that a decision such as that on the transport hub, which is crucial to Northern Ireland’s economy, can be advanced under the terms of the legislation. Policing Board members and other appointments can now be made, and this is extremely important.

There is now a specific requirement for senior department officials to report monthly directly to Her Majesty’s Government on decisions that have been taken under the Bill. This is an important point which deals with transparency, and I am pleased to see that it has been included.

There are some understandable fears of a continuation of the current situation, in which decisions in a range of areas, such as education, health, housing and major projects are not being taken. The Bill provides no certainty on key decisions. Permanent Secretaries in a number of departments have been cautious to date about advancing the number of decisions which have been in the pipeline for a considerable time. More than 200 decisions have lain in abeyance across departments since the suspension of the Assembly, and although we have made some progress within this Bill, there is no compulsion for officials to make key decisions that impact on the people of Northern Ireland.

These decisions need to be made if we are to see day-to-day public services restored to the level at which they should be. Budgetary decisions also need to be taken urgently, and policing and departmental spending challenges will continue to be an issue in some cases, as the allocations officials are working with are based on historic decisions taken by the previous Assembly.

On Clause 4, regardless of one’s personal views on abortion, it must objectively be accepted that this is a controversial issue in Northern Ireland. An amendment has been tagged on to this Bill, and this does not allow enough time for proper consideration or scrutiny of this matter. It is also the case that, in the United Kingdom, this is clearly defined as a devolved matter. The courts have recognised that this issue is, rightly, for the relevant democratic body, which, in this instance, is the Assembly. This is an attempt to change the law. As the Government have previously noted, guidance cannot do that. Any change in the current law in Northern Ireland will require legislative change. This provision is asking the Government to ask officials to do something that is impossible in law. This clause is therefore an inappropriate vehicle, regardless of the substantive issue involved.

Given that we are now approaching two years since the Assembly last met, we have reached a point where there needs to be some level of political decision-making, accountability and public scrutiny. Decisions will need to be made on a range of issues. I ask the Minister to provide assurance to departments that relevant ministerial approval will be provided.

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Lord Browne of Belmont Excerpts

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

[Lord Browne of Belmont (DUP)]

My Lords, I have listened very carefully to the wise words spoken by the noble and learned Lord, Lord Mackay, so I very much welcome Amendment 16. I want to say a few words about Clause 4. The architects of Clause 4 in the other place were very clever, and I pay tribute to their ingenuity. The word “functions” is dropped into Clause 4 in an attempt to make it fit, but it is no more than a fig leaf. Clause 4 is not about functions; it is about policy. This is not the appropriate legislative vehicle for this clause, touching as it does on sensitive issues that are highly controversial, particularly in Northern Ireland.

Regardless of our views on abortion and marriage—and there is a divergence of views right across this House—we can surely agree that they are issues deserving of proper attention and debate. A clause of this kind in a Bill of this kind does not provide that opportunity. What we have here, I rather suspect, is an attempt to change the law through guidance. It cannot work—any change would require legislation—but it is seeking to influence key devolved policy matters that should be decided by a Northern Ireland Executive and Assembly. It is proper for those matters to be dealt with by the devolved institutions. Northern Ireland is the most recent part of the UK to vote on abortion law. In 2016 a clear majority of Assembly Members voted to retain the current law. We should be very wary of undermining devolution, or being seen to undermine it. There is a risk that this clause creates a dangerous precedent for interference that could have wider consequences for our constitutional arrangements. Clause 4 is inappropriate, poorly drafted and should have no place in this Bill.

[Baroness Barker]

The noble Baroness, Lady O’Loan, and the noble Lord, Lord Alton, have repeatedly said that there is no right to abortion, but your Lordships will know that time and again international courts and the UN have agreed that access to abortion is a right under Article 8. There are many rights that are not set out specifically in the convention, but the right to privacy and the right to family life are inextricably linked to control over one’s body and reproductive rights.

Therefore, I ask your Lordships to vote against the amendment of the noble and learned Lord, Lord Mackay, if it is put a vote, which I hope it is not. It inserts a reference to Section 6 of the Human Rights Act, and that is designed to constrain what the Secretary of State for Northern Ireland could include in guidance. That would be most likely used to declare that the current criminalisation of women who end their own pregnancies in Northern Ireland is acceptable under human rights law, because it is as a result of one or more of the provisions of primary legislation and the authority could not have acted differently. Specifically mentioning Section 6 of the Human Rights Act could require that guidance be issued that knowingly contravenes Article 8 of the European Convention on Human Rights—the right to privacy and family life. There have been many mentions of the court case in June, and we know that there will be a case before the Supreme Court later this year. It is important, therefore, that the guidance issued in Northern Ireland is sufficiently up to date to ensure that the men and women of Northern Ireland do not lose the access to human rights that the rest of us have.

This is a wrecking amendment, it would overturn the decision made by a majority in another place, and I hope therefore that all noble Lords will resist the amendment of the noble and learned Lord this evening.

Good Friday Agreement: Impact of Brexit

Lord Browne of Belmont Excerpts

Thursday 11th October 2018 Lords Chamber

[Lord Browne of Belmont (DUP)]

My Lords, I congratulate the noble Lord, Lord Dubs, on obtaining this important debate. Sometimes, there are those who are too quick to put forward and promote the idea that when the United Kingdom leaves Europe, the Good Friday agreement will be torn up, destroyed and made redundant as a consequence, leading to the recurrence of violence throughout Northern Ireland. I believe that this would not be the case. The vast majority of people across Northern Ireland, in both communities, and in the Republic of Ireland have no intention of allowing the men of violence to resume their destructive campaign. It is therefore important that the language we employ is measured, not to give encouragement and succour to the evil perpetrators of violence for their own selfish ends.

I assure the House that there is no support for a return to violence. Since the Good Friday agreement, substantial progress has been made in Northern Ireland. We have faced many difficulties and many issues remain to be resolved but, with hard work by all the political parties, agreement can be achieved. The young generation, who never experienced the campaign of violence, wish to move on and carve out a successful career for themselves and their families. It is therefore important to accentuate the positive aspects of the Good Friday agreement and move forward along with the rest of the United Kingdom when negotiations in Europe are successfully completed, and to isolate those who simply want to disrupt daily life in Northern Ireland.

Regrettably, we are holding today’s debate against the backdrop of a Northern Ireland with no locally accountable decision-making bodies in place. None of us wants to be in this situation, with no local decision-makers. However, it is important that all parties continue to work with the aim of returning to full local governance in Northern Ireland. We must remember that for a lengthy period we had stable and accountable devolved governance. We have relative peace in Northern Ireland—it is a much better place and has travelled a considerable distance during the last decade. Tourism continues to boom in Northern Ireland. Belfast’s skyline is littered with cranes as this building continues on new developments. Attractions are seeing increasing numbers of visitors too, and cruise ships from across the globe are now regular visitors to our capital city. Over the last two years, the hotel and hospitality sectors have grown significantly, with a rapidly increasing list of luxury hotels being erected, and this has created new jobs and new businesses for locally based suppliers.

Yet, even with these recent significant investments in Northern Ireland, if one were to listen to the demands of some, Northern Ireland would be stuck in a bizarre, solo customs arrangement with the European Union. Such a new scenario would prevent Northern Ireland benefiting from future deals put in place by the rest of the United Kingdom. Those who call for this are not only calling for the full integrity of the UK to be put into serious question, they are prioritising the 23% of Northern Ireland’s trade with the EU over the 77% of its trade with the rest of the UK and elsewhere. Recent investors and confirmed future investors in Northern Ireland have looked at all the risks involved and carried out their own research. They have invested, or plan to invest, because they know that Northern Ireland is part of a strong, outward-looking and independent United Kingdom, free to make its own deals with the world and an attractive place for them to grow their businesses.

On the Belfast agreement, Her Majesty’s Government, the EU negotiators and the Irish Government have all previously stated their commitment to avoiding a hard border between Northern Ireland and the Irish Republic. Equally, the Government have previously confirmed that when we leave the EU, they will work closely with the Irish Government to ensure co-operation in the context of existing arrangements and the common travel area. If there is good will on all sides, this is achievable. My party leader, Arlene Foster, has been very clear in her recent meetings with the Government and EU negotiators that there should be no question of customs or regulatory barriers between parts of the United Kingdom being introduced. The nature of domestic trade between all parts of the United Kingdom, and with the Irish Republic, highlights the importance of finding a solution that protects everyone.

Regardless of any deal with the European Union, there is a need for a sensible approach on both sides of the border when we exit the EU. Key to all this is Northern Ireland’s economic and trading reliance on the internal UK market; total trade with Great Britain is significantly greater than Northern Ireland’s trade with the EU. This can be achieved by looking towards digital solutions and will work best for all sides, while ensuring the integrity of the United Kingdom and its internal market. Digital border controls are one way of enhancing security with minimal change. Indeed, measures such as this already exist, and have been introduced at borders across the world. Examples are the Norway-Sweden and the Canada-United States borders. According to the findings of Lars Karlsson,

“coordinated border management as well as trusted trader and trusted traveller programs can significantly reduce compliance requirements and make borders”,

virtually friction-free. Solutions are available, provided there is a mature approach and a willingness on all sides to examine them. Unfortunately, that will appears to have been missing on the part of some EU negotiators, and by some who regrettably continue to fight old battles by cynically using this issue to try to keep the United Kingdom tied to the EU. Indeed, some who raise this issue and who claim to respect the Belfast agreement—the Good Friday agreement—appear to have forgotten a key part of it: the principle of consent. As we leave the EU, we must do so together as one nation. I am confident that after Brexit a bright future will emerge for all the citizens of Northern Ireland.

Northern Ireland: Legacy of the Troubles

Lord Browne of Belmont Excerpts

Wednesday 5th September 2018 Lords Chamber

[Lord Browne of Belmont (DUP)]

My Lords, I congratulate the noble Lord, Lord Dannatt, on securing this very important debate. Our Armed Forces and security services served heroically and valiantly during the Troubles in Northern Ireland. These ex-servicemen put their lives on the line daily to defend us against the evils of terrorism and many hundreds of them paid the ultimate price for doing so. The courage they displayed in protecting us and upholding democracy and the rule of law must never be forgotten. We should not tolerate the rewriting of Northern Ireland’s history by those who wish to legitimise the actions of murderous terrorists; nor must we allow a campaign to take hold where veterans are continually persecuted in order to appease a narrow agenda. There can be no moral equivalence between unapologetic terrorists or those accused of terror offences and people accused of having committed offences when they were members of the Armed Forces, trying to protect us from the terrorists.

The April 2017 report by the House of Commons Defence Committee, Investigations into Fatalities in Northern Ireland Involving British Military Personnel, referred to a proposed statute of limitations. My party, the Democratic Unionist Party, is open to consideration of a UK-wide statute of limitations for soldiers and police officers who face the prospect of prosecution in cases—this is very important—that have previously been the subject of full police investigations. No one should be above the law. Let me be clear: we are talking about cases that were previously the subject of rigorous police investigations. It is wrong that our veterans are sitting at home wondering whether a third or fourth investigation will take place into their case simply because some “make a quick buck” human rights lawyer thinks it is a good idea to reopen their case. Any consideration regarding a statute of limitations should apply not to Northern Ireland alone but be part of broader reflection on other military deployments. This would not be an amnesty, as each case will have previously been the subject of a thorough investigation; rather, it is an appropriate and necessary measure.

Finally, I believe that such an issue will always be for Westminster to determine, rather than the Northern Ireland Government, on a UK-wide basis.

Northern Ireland Budget (No. 2) Bill

Lord Browne of Belmont Excerpts

2nd reading (Hansard): House of Lords & 3rd reading (Hansard): House of Lords & Committee negatived (Hansard): House of Lords
Wednesday 18th July 2018 Lords Chamber

[Lord Browne of Belmont (DUP)]

My Lords, I welcome the Northern Ireland Budget (No. 2) Bill and I acknowledge that, in the continued absence of devolved government in Northern Ireland, this legislation is essential, as it will secure money allocated to departments to keep them operational. It also provides departments with the necessary reassurance that full funding will be available until the end of the financial year.

This is now the second budget Bill that has been laid before your Lordships’ House for consideration. Although this is welcome, it is far from ideal. Issues such as specific budgetary allocations and the monitoring of money—how the money is spent—require detailed scrutiny, analysis and examination. This is the standard level of accountability one should expect when dealing with a budget. Naturally I would much prefer if we were in a situation where Bills such as this were being presented in the Stormont Assembly by a locally accountable Minister.

For a lengthy period, we had devolved government where such accountability existed. Contrary to what some people would wish us to believe, it is worth repeating that much progress and much work has been achieved. Northern Ireland has travelled a considerable distance during the last 10 years. This is progress we must continue. Equally, during that time, we had a situation where locally elected representatives were regularly able to debate and analyse spending, and were thus able to raise specific matters relating to local areas. Unfortunately, this is not now possible to the same degree. The reality is that there is little prospect of a return to local decision-making at present. Most of the parties in Northern Ireland, however, want to get back into government and into the Assembly, but one party is preventing this. Regrettably, instead of a fair and balanced solution, the party that collapsed the devolved institution 17 months ago and refused to return to it, continues to halt progress in re-establishing devolved government.

MLAs were elected to serve the people. However, unless all the parties agree to one party’s list of preconditions, they are prevented from doing their jobs fully. Sinn Féin has placed the fulfilment of its demands ahead of governing in the interests of everyone. None of us wants to be in this situation. However, the people of Northern Ireland should not be punished further because of one party’s agenda.

This budget, as with any budget, presents challenges. Specifically, challenges are presented here when allocations are based on historical decisions taken by the Assembly. When allocations are made by individual departments, we cannot always be certain that the finances will go to areas that the public might expect to be prioritised. For example, after inquiries with the Department of Education, my party discovered that some of the additional money that was made available for education and was meant to go towards front-line schooling, had been allocated by the department to finance the deficit of the Education Authority. This is one instance where civil servants prioritised administration first.

While the budget and the current situation present their challenges, those challenges have been reduced considerably by the £410 million of extra new money as part of the Democratic Unionist Party confidence and supply agreement with the Government. The DUP has sought to deliver for everyone in Northern Ireland, not just for narrow sectional interests. There is £100 million to progress health transformation, £20 million to tackle deprivation, £10 million for mental health services and £80 million to tackle health and education pressures. Had this money not been included in this budget, the public would have felt the impact of a much more severe settlement.

Senior civil servants have been tasked with taking the majority of the decisions within departments for the past 17 months. However, in a number of instances, decisions are not being made. We have a situation where a growing number of decisions still need to be made on education, health, infrastructure and public services. These decisions in many cases are about allocation and prioritisation. Decisions need to be taken on school places and teaching staff, and new school enhancement and development programmes have been paused. When inquiries are made with the various departments regarding decisions that have yet to be taken, the reply is often the same: “There are no Ministers in place. We cannot make a decision at this time”.

Reference has been made to a recent High Court judgment. The examples that I mentioned previously referred to decisions taken before that case ever reached court. The court ruling could impact departments further and could have far-reaching implications for the decision-making processes. So I ask the Minister: do the Government intend to appeal the court ruling as it deals directly with a key decision being taken by a Permanent Secretary, as the noble Lord, Lord Bew, has referred to? Equally, has that court case now set a precedent? Could we see further such cases being taken to trial and decisions already made by civil servants being reversed?

I am sure all Members of this House will wish to condemn the violence of the last few weeks in Londonderry and east Belfast, which has been orchestrated by sinister elements in the paramilitaries. Budgetary decisions need to be taken urgently on policing. This is a vital issue, raised by the chief constable of the PSNI when addressing the committee in the other place. Additional money is urgently required to train more officers. I join the noble Lord, Lord Empey, in asking the Minister whether there is any special mechanism that can be invoked to obtain additional money to help the much pressurised Police Service of Northern Ireland.

I recognise and have previously welcomed the actions taken and commitments given by the Government. Given these recent developments, though, further action is required to deliver good government in Northern Ireland. Can the Minister today provide some assurances to departments that relevant ministerial guidance, direction and decision-making authority will be provided? The people of Northern Ireland need these assurances because, when urgent decisions are not being made, this impacts on them. We must not allow a situation to develop where the decision-making process grinds to a halt.

We will all continue to work hard towards our aim of seeing a return to locally accountable government in Northern Ireland. In its absence, my party will continue to work hard for everyone, as it has done in relation to the confidence and supply agreement. We will also continue to press the Government on all these important matters in the coming days and weeks. I support the Bill and trust that the Government will make every effort to restore the Assembly and Executive as soon as possible.

Northern Ireland: Devolved Institutions

Lord Browne of Belmont Excerpts

Wednesday 23rd May 2018 Lords Chamber

[Lord Duncan of Springbank]

Brexit has been a focus of discussion in this House and elsewhere. The people of Northern Ireland deserve an Executive focused on the issues that matter to them: education, health, schools, farming and all the obvious stuff. We need to get the Executive back up and running; the parties need to do so. At the moment, the pilot light is on, but no one is twirling those knobs. We need to get the Executive restored.

[Lord Browne of Belmont (DUP)]

My Lords, the recent report from the Northern Ireland Affairs Committee makes some excellent proposals, which, if adopted by the Secretary of State, would go some way to helping restore devolved government in Northern Ireland. Is the Minister aware that the Democratic Unionist Party’s policy is very clear: it is willing to return to the Northern Ireland Executive tomorrow with no preconditions or partisan demands?

[Lord Duncan of Springbank]

I welcome those remarks in the spirit in which they were delivered. The report of which the noble Lord speaks is important and the Government will consider its findings carefully.