Queen’s Speech

Lord Eames Excerpts

Thursday 13th May 2021 Lords Chamber

[Lord Eames (CB)]

My Lords, I too welcome the maiden speeches that were delivered a short time ago in your Lordships’ House.

In the Speech from the Throne a few days ago there were two references to Northern Ireland:

“Measures will be brought forward to strengthen devolved Government in Northern Ireland”—


and then comes the rather telling phrase—

“and address the legacy of the past.”

The fact that those two sentiments are contained in close proximity is something of which I believe I have an obligation to remind your Lordships’ House in today’s debate.

First, on “strengthening devolution”, when devolution became a reality it was greeted throughout the western world as a wonderful experiment: a wonderful example of what was possible, which might one day be repeated across the globe in various segments. Devolution grew. It matured in many aspects but it taught us many lessons in others. Northern Ireland is part of that story, because there are good and bad aspects.

On the positive aspects, devolution for Northern Ireland has given a breath of fresh air to a new generation who can feel that we have an identity which will not be taken away by events further afield. It has given to Northern Ireland the stability to say that it is part of a bigger union. However, there have been detrimental effects. I have to say, with some degree of regret, that there is a widespread feeling in Northern Ireland at the moment that central government is somewhat removed from the realities of devolution. It is somehow removed because the 24-hour visit by statesmen from London when we are in need is so quickly forgotten, not in Northern Ireland but in London. There is a growing apprehension that the real needs of the small Province in the north-east corner of Ireland are not being acutely felt, despite what we welcome in terms of outreach to meet those needs. Therefore my plea is that, when we are looking at developing and increasing the power of devolution in Northern Ireland, Her Majesty’s Government take seriously the fact that there is much more to that relationship than simply structures. There has to be trust, collegiality and understanding.

On the second phrase, that the Government will attempt to address the legacy question, I speak with genuine personal feeling on this subject for many reasons. First, my career as the archbishop took place in the midst of the Troubles; I will take to my grave my memories. But secondly, I was part of the team which made the first attempt to address the legacy all those years ago. Together with Denis Bradley, we tried to give a formula which would in fact address the legacy. Since then, I have lost count of the number of times that institutions, Ministers and indeed Governments have come to say, “This is the answer to your legacy”, and yet, a few days ago, a coroner announced that 10 people shot during the Troubles were innocent—10 lives. They were from one section of the community, but 10 people who will never be forgotten by their family and relatives. To that I would add the numerous lives that have been lost on both sides, and I simply make this plea: no matter what the plans may be to address legacy—we have not had them disclosed—please be careful. Please think before you act, in particular about suggestions that would in fact push us further back rather than giving us hope to move forward.

Northern Ireland (Executive Formation) Bill

Lord Eames Excerpts

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

[The Earl of Listowel (CB)]

My Lords, I welcome Amendment 7, as tabled by my friend, the noble Lord, Lord Empey, as a trustee of the mental health service for adolescents which is the Brent Centre for Young People in north London, as noted in my entry in the register of interests. That centre’s work has been in progress for 50 years; originally, it dealt principally with young people at risk of taking their own lives. The clinicians there tell me that they have never had a young person take their life while under treatment in that centre. They have described to me how when a young person meets a clinician who immediately understands where they are coming from and their concerns, it is immediately effective in assuaging the fears of the young person.

What I am trying to say is that where appropriate services are available, they can be very effective. It troubles me very much to hear that this strategy, developed in Northern Ireland, has been on the shelf for two and a half years because of the vacuum of power. I warmly welcome my noble friend’s efforts to highlight these points today. I hope that the Minister may have something comforting to say on the matter of young men, in particular, taking their lives in Northern Ireland because there has been insufficient action to address their needs.

[Lord Eames (CB)]

My Lords, not for the first time the noble Lord, Lord Empey, has put his finger on urgent issues to do with Northern Ireland. I congratulate him on his persistence in that approach. Today he has once more alerted the Committee to an urgent need that can be traced back to the fact that we have no local administration. The extra strain of business and of making decisions passed on to our Civil Service has been a consequence.

I want to speak particularly about the amendment to address the rising suicide rate in Northern Ireland. This is one more example of the legacy of our past, of what we have been through; it has cast its shadow not on that generation but on the new generation. I have had personal, recent experience of the rector of a parish coming to me, even in my retirement, to seek advice for the son of one of those involved in our Troubles. The son had only recently learned of some of the actions and involvement of his father, and this preyed on his mind so much, even in middle age, that he saw no alternative but to end his life. That is an exceptional case, I accept, but it does something to illustrate that this issue is not just for now: it is a legacy reaching back to us from the past.

The report to which the noble Lord referred is gathering dust. Lives are being threatened. Thank God that in some cases prevention intervenes, but if this Bill produces nothing other than a new recognition of human need—nothing to do with politics, nothing to do with “us and them” and all the usual phrases we have in Northern Ireland—then the opportunity could be seized to put pressure on those avenues that can directly relate to the human need, which is a legacy issue and an overlap. There is a crying need at the moment in Northern Ireland to address prevention of the taking of human life and I urge the Committee to remember that.

[Lord Bruce of Bennachie (LD)]

My Lords, I support these amendments, which I hope the Government will be able to accept—I think they have indicated that they will, as they are asking for reports. This is valuable work that the noble Lord, Lord Empey, is recommending, covering what I regard as the people’s priorities in Northern Ireland. The reality right now is that these issues are adversely affecting people in a whole range of services across the Province, as he rightly says. I respectfully and slightly diffidently suggest that these are probably the issues that exercise people day to day, more than some of the issues that apparently divide the parties in the talks. Those who are in talks should look at these issues and the consequences of their not being able to establish an Assembly to address them, because I think that is what the majority of people in Northern Ireland want their Assembly to do.

As I said on Monday, in one sense it is easy to ask for reports and easy, perhaps, for the Government to agree to reports, but I underwrite what I said on Monday: if those reports are going to happen, can they be considered and produced with a view to being the basis of policy action, rather than just a statement of events? That at least will have made use of the time that has been lost, so that if, as I hope, we have an Executive and Assembly in place, they will have some meat that they can start to action sooner rather than later. If the worst happened—even direct rule—there would not be a hiatus before we got to grips with things. The situation has gone on for so long that the consequences are becoming more serious every day. As the noble Lord, Lord Empey, says, we are talking about lives being lost. The longer it goes on, the harder and more costly it will be and the longer it will take for Northern Ireland to catch up.

My plea to the Minister, which I hope he will take positively, is that this not be just a gesture of good will —that there is a real, practical determination to ensure that, if reports are produced, they are valuable and help to implement policy decisions sooner rather than later in the event of the Assembly being established, or of Parliament or the Government recognising that action needs to be taken even in the absence of an Assembly.

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[Lord Mackay of Clashfern]

I sincerely hope that that will not happen: that is the reason we have put it on the basis of the majority being in favour of the change. If we were to ask them and they were against it, that would be a real slap in the face for devolution. I have enough confidence in the Government’s consultations, and I believe the result would be so reasonable, that I expect the majority of the already elected Members of the Assembly to support this. Otherwise, it creates quite a difficult situation so far as devolution is concerned. We still have devolution—devolution to Northern Ireland is there at the present moment, it has not been withdrawn—so I think it is right to acknowledge and hope that the result of the negotiations and the regulation will be acceptable to the Members of the Northern Ireland Assembly.

[Lord Eames]

My Lords, throughout this evening, in all our debates and the important decisions that have been taken according to our custom and the way we work, there has been, like in a theatre, a backcloth to everything we have done. I believe that even at this late stage, referring to the words of the noble Baroness, Lady O’Loan, we need to put on record what has been clearly exposed tonight: that we have been rushing through matters of supreme importance to the country from which I come. Our representatives feel very deeply that the questions being asked tonight, although they cover very important issues such as abortion and same-sex marriage, were not what we were really questioning. What we were really questioning tonight was the theory of devolution, which from its infancy was geared to give us, within the United Kingdom, the local relevance and integrity that we hoped would emerge. So, in supporting the noble Baroness, Lady O’Loan, at this late stage, I suggest to the long-suffering Minister that he take back that which I refer to as the tapestry, which in fact surrounds everything we have experienced in the Chamber today. What is being asked about devolution, and how can we correct it?

[Lord Trimble (Con)]

My Lords, turning back to look at the Bill, one should remember what its purpose is. It was to put provisions in place to enable an Executive to be formed. Under existing legislation, there is a period of time in which that has to happen. It is then a question of prolonging that time. Essentially, the Bill was providing more time for this.

There was no surprise about that. This is the fourth or fifth time that there has been a need to provide legislation. People knew that this was going to come and, from the way in which the talks are taking place between the parties in Northern Ireland, they would have had a fair idea of the likelihood of carrying this legislation. There was nothing urgent about it. Nothing surprising had to be done. There was the possibility of putting the legislation into motion at an earlier stage. If someone then came along and tried to hang additional things on it, there would be time to consider them properly.

We have not had the chance to do that. When one considers the matters that have been looked at today, and compares that to what would have happened if, instead of being a Bill relating to Northern Ireland, it was a Bill relating to Scotland or England, would it have been handled with the same speed, without looking carefully at what the problems might be? There was no serious concentration. We had a Committee stage, but it did not function as a normal Committee, as we can see by the limited number of things that were mentioned.

It was not proper legislation and there was no justification for handling it in that way. With more time, we might have had better debates and been able to tease out some of the things that were causing even the Minister difficulty to work out. Noble Lords will notice that what I am saying has been said repeatedly by Committees of this House: this procedure is flawed and ought not to be followed again. I wonder if there will be any change or if we will just plough on, hoping that an Assembly or Executive are formed and scrambling at the last minute to put them together.

In the course of this debate, noble Lords have referred to devolution and their desire to see it restored in Northern Ireland. If devolution does function again, it would mean that our 90 Assembly Members would be able to return to Stormont to discuss and debate things and consider what they are doing. However, they cannot do that as things stand. Assembly Members themselves cannot form the Administration. Legislation would need to be enacted if Westminster wanted immediately to bring the Assembly into existence for some limited purpose. Some of us have suggested doing that, but I have not seen any willingness on the part of the Government to encourage the Assembly to function even on limited matters.

A very limited consultation is suggested here. It says that the Secretary of State must,

“consult individually members of the Northern Ireland Assembly”.

That is set out in a very bare way. Nobody has talked about the details of the consultation or how thorough it would be. It simply refers to speaking to Members of the Assembly and to considering and reporting on their views. That is a very small step to take in finding things out. I do not know what the outcome will be. The noble Lord, Lord Alderdice, spoke vigorously earlier about the changes of views that he has detected. If that is the case, no doubt it would be reflected in the views that Assembly Members would give to the Secretary of State if she phoned them up and asked them what they think. It would be an easy step to take and it might help to restore some of those Members’ self-respect. People do not appreciate just how traumatic their situation is: they were elected to serve in an Assembly but are unable to do so, and they have nothing else besides general activities to turn their hand to because they have no way of influencing the powers that be.

This is a modest measure to try to get a degree of consultation. Of course, the Minister spoke earlier about consultations on particular matters being conducted over several months. In that timescale, he could easily get in touch with the 90 Assembly Members, see what their views are and let us know. That would be a good step forward, coming as it does at the end of the evening.

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[Lord Bruce of Bennachie]

My Lords, as a signatory to this amendment, I thank and congratulate the noble Lord, Lord Hain, on the work he has done on this and on taking this opportunity to bring it to a conclusion—and, I hope, by negotiation with the Minister to have a clause that will be acceptable.

I want to back up what he has asked the Minister to say on the record about the “no fault of their own” determination. A ministerial statement on it would be enormously valuable and I know that the Minister understands that. I think it would unite the House. This is one amendment where everybody has recognised that we have waited far too long and that these people, many of whom have died, and their dependants really need this. This is one situation where perhaps one thing that nobody wanted to happen—namely, this legislation—has nevertheless opened a window to do another which, as the noble Lord, Lord Hain, said, should have been done a long time ago.

[Lord Eames]

My Lords, my name is also on this amendment. I could keep the House sitting for hours to tell your Lordships of people I know who have suffered terrible injuries to mind, body and spirit. I simply want to back up the noble Lord, Lord Hain, and hope that the Minister will give the assurances we have asked for.

[Lord Cormack]

My Lords, as the fourth name on the amendment I pay my tribute not just to the noble Lord, Lord Hain, who has led this campaign with real, dogged determination, but to the noble and right reverend Lord, Lord Eames, and the noble Lord, Lord Bruce. We have worked together with other colleagues and we all are extremely grateful to the Minister, who has met us on a number of occasions. He has listened carefully and, far more importantly, acted.

It is crucial that in every piece of literature distributed, and in every announcement made, those words,

“through no fault of their own”,

are emphasised time and again. So long as that is done, I am confident that we will maintain the unanimity we have so far enjoyed. We have had two long and quite difficult days. There is no one who is happy about the suspension of devolution or about the hurried manner in which we have to deal with this legislation. But there has been one bright, shining light: this amendment and the Minister’s response. We should all be extremely grateful and thank him most warmly.

Northern Ireland (Executive Formation) Bill

Lord Eames Excerpts

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

[Lord Lexden (Con)]

My Lords, I warmly support this group of amendments moved by the noble Lord, Lord Empey. I shall touch on just two of them. The first is Amendment 12, which the Government should have no difficulty in accepting. I recently tabled a Written Question asking them when the report on the establishment of a renewable heat incentive hardship unit, promised on 19 March, would be forthcoming. The reply that I received on 20 June stated:

“A call for evidence in relation to the form and function of the unit will shortly be released, and will close at the end of June. This will inform the Terms of Reference of the Unit”.


The Department for the Economy,

“anticipate that the panel will begin to accept applications in September 2019”.

By happy coincidence, the amendment moved by the noble Lord requires a report by 10 September. That seems to fit in admirably with the department’s plans.

Like the noble Lord, Lord Bruce, I echo the comments on health of the noble Lord, Lord Empey. No one will doubt the deeply depressing assessment he has provided this evening, following earlier, deeply troubling accounts of the decline of the health services in Northern Ireland. It is truly tragic that health services have deteriorated so markedly under this Conservative and Unionist Government. Surely all the Northern Ireland parties would give their blessing to government initiatives to reverse the decline. Therefore, the message must surely be action, and action this day.

[Lord Eames (CB)]

My Lords, I support the noble Lord, Lord Empey, in his amendments. In particular, I focus on his remarks about health in Northern Ireland. It is worth putting on the record that, given the restrictions which he vividly outlined and the lack of resources due in the main to the absence of an Executive, the health service in Northern Ireland has performed remarkably well. I know from personal experience how, with the pressures centred on it, the health service in our community is struggling but managing to cope in many instances.

The noble Lord also referred to mental health. In the past few years, I have had reason to work with those who were paramilitaries during the Troubles and who are now, as they see it, seeking ways to rebuild shattered communities. In that scenario, it is remarkable how suicide, self-harm and other degrees of self-inflicted physical injury are not being reported as they ought to be. That is just one segment of a vast field that is crying out for better finance, support, research and leadership. In listening to the noble Lord’s words on his amendments, I hope the Committee will take this very seriously.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, I join other noble Lords in their support of the amendments tabled by the noble Lord, Lord Empey. I do so bearing in mind that these are all devolved issues. Like him, we certainly want to see these taken forward by a devolved Administration. However, if these reports come through and there is no devolved Administration, the issues are so urgent and of such importance that they should not be allowed to lie there. Action has to be taken. Whoever the new Secretary of State may be, they will have to action these reports whenever they come through. I am delighted that the date is given; it is certainly not an extended period of time to allow these reports to be brought forward.

The noble Lord, Lord Empey, reminded the Committee how the Minister promised the setting up of the renewable heat incentive hardship unit, and that it would look at each individual case. Many are in great distress at present; many are enduring tremendous financial hardship because of the tariff that has now been set. We have been told by civil servants that this is because of European legislation and regulation. I thought the Irish Republic was supposed to be in the same European Union, and England is a part of that as well. Yet the tariffs in England and the Irish Republic are completely different from the tariff that has been set for Northern Ireland. The new tariff will put people into great financial hardship. I appeal to the Minister for action on this matter to ensure that whether in the Irish Republic, England or Northern Ireland, the tariff is equalised, so that no one feels that they are being unjustly penalised for something that was never their fault. No matter whose fault it was, and we wait for such a report, it certainly was not those who applied to be part of the scheme.

I support the future welfare and mitigation support measures that will be in place after March 2020. We must ensure that those put in place are continued, and that people in the Province at the lower end of the financial scale do not face continued and further hardship.

I had a keen interest in suicide prevention both as a Member of the Northern Ireland Assembly and when I was in the other place. The strategy needs to be progressed urgently. I say that because, wearing another hat, as a Minister, I have gone into so many homes where, sadly, people across every section of the community and of all ages have committed suicide; it is not only young people. I say this also having experienced it with loved ones of my own. It is never more keenly felt than when the experience comes into one’s own family circle. Then you know what it is to be left completely broken. You have no answers—so many questions, but no answers. We need to do something urgently, because so many are witnessing the heartache of suicide. That is a reality across the Province.

Finally, the noble Lord, Lord Empey, mentioned the health service. The statistics are horrendous, but remember, we talk about statistics, but each one of these statistics is a fellow human being. People are suffering because of this. There is a decline in the health service. I pay tribute to our doctors, nurses and auxiliaries and all who are doing sterling work in the health service, but it has been stretched to the limit and is at breaking point. Many targets are missed. Many of our older people are lying in hospital when they should be at home. They want to be at home with their families, but there are no packages available for them because there is no one to care for them in their own homes. They are then accused of bed-blocking, when all they want to do is get home and be looked after within the confines of their own home and family circle.

I agree wholeheartedly with the noble Lord that these are issues of vital importance, but we must remember that while we have the reports, if no Assembly comes into being—and I trust one will—urgent action must be taken by the Secretary of State.

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I urge the Minister to accept this amendment, or at least by Wednesday, on Report, to bring a technically improved version. I am happy to agree it if at all possible, provided that we deliver this pension and deliver it soon, as every month that passes means that some of the severely injured could pass, too. Stormont, Parliament and the Government have prevaricated on this for far too long. We must act now, at long last.

[Lord Eames]

My Lords, I am honoured to add my name to this amendment from the noble Lord, Lord Hain. I speak from years of experience, working with people who carry in their mind and body the scars of our Troubles. I will be very brief. If this Bill achieves nothing more than opening the door to some relief for these unfortunate fellow citizens, we will have achieved an abundance. The noble Lord, Lord Hain, has referred to one case; I could repeat dozens of them. I simply say to the House and to the Minister that this is a reform that is passionately and greatly needed in Northern Ireland. I urge the House to accept it.

[Lord Cormack (Con)]

My Lords, I am delighted to add my voice, and pay tribute not only to the noble Lord, Lord Hain, who has been indefatigable in the way he has led this campaign, but to my noble friend Lord Duncan, who has been most receptive when we have met with him and talked about it. I agreed very much with what the noble Lord, Lord Hain, said at the beginning of his remarks. I will emphasise just two points. It is incumbent on all politicians in Northern Ireland to realise—Christians above all must realise this—that no one is perfect. We are all sinners. Whatever party we are talking of is never wholly in the right. It is crucial that this is recognised in Northern Ireland by Sinn Féin, the DUP and all parties, and that they come together to make sure that the Assembly meets and the Executive is formed. The noble Lord, Lord Hain, was right to stress that point.

He was also right to stress that we have no nationalist voice now—no moderate nationalist voice—in either House of Parliament. Throughout my time in the other place, there were always at least one or two SDLP Members. In my time as chairman of the Northern Ireland Affairs Committee, Alasdair McDonnell was one of the most supportive members of the committee. Whether on organised crime, the prison service or the Omagh bombing, all our reports were unanimous, and Alasdair McDonnell played a very constructive and important part in that. It would be very good to have a moderate nationalist voice in your Lordships’ House. As far as the other House is concerned, of course, they have to get themselves elected. It is one of the sad facts of life that those nationalists who are elected draw the money but do not play a part. That is up to them, but it would be very good to have a moderate nationalist voice in Parliament again.

I conclude by emphasising how crucial it is that action is taken—and this week. We need to know that this will happen. As I have said before in your Lordships’ House, many of those who would have been eligible are no more; they have died. In the course of this calendar year, between now and the end of the year, more will die. Many are suffering great privation and hardship, live in constant pain and are constantly haunted by the memory of the bestial act that deprived them of limbs and, to a degree, of liberty—because you do not have complete freedom if you have been so badly injured mentally, physically or both. So I very much hope that my noble friend the Minister will be able to assure your Lordships’ House tonight that, on Wednesday, we will have a workable, acceptable amendment. I am delighted to give this my support.

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[Lord Eames]

My Lords, the question of the definition of a victim has bedevilled many efforts to deal with the legacy of the past. My mind goes back years to when Denis Bradley and I produced our report. We struggled way back then with the definition of who was a victim. As the noble Lord, Lord Empey, just said, the exchange with the noble Lord, Lord Hain, earlier on threw considerable light because until there is a definition of victim, not for Northern Ireland alone but across the United Kingdom, that is accepted and incorporated in legislation and used in political dialogue, we will continue to come up against the brick wall of this definition.

Therefore, I welcome what the Minister said in his exchange with the noble Lord, Lord Hain, because in the work that we have already done on the disabled and the victims of the Troubles, as the Minister knows, we have found many new avenues of dealing with disability and legacy in these matters. I am very hopeful, as has been said already, that we are on the verge of getting an acceptable definition of a victim.

[Lord Duncan of Springbank]

My Lords, I appreciate that the definition of a victim has bedevilled a number of people over a great number of years. I read with great interest the Eames-Bradley report, of which the noble and right reverend Lord is one author, Applying appropriate caveats to our earlier discussion with the noble Lord, Lord Hain, regarding the victims’ pension, there are distinctions. None the less, if indeed, as the noble Lord, Lord Empey, has said, these could perhaps be the seeds of a particular solution, we may be closer to a definition than has been the case for some time.

The Government have already accepted a reporting requirement to publish a report on or before 4 September 2019 on whether the definition of “victim” in Article 3 of the Victims and Survivors (Northern Ireland) Order 2006 should be revised to apply only to a person who is injured or affected wholly through the actions of another person. In addition, my honourable friend the Minister of State John Penrose committed in the Commons that Her Majesty’s Government recognise that the definition of a victim is something that a number of honourable and right honourable Members have campaigned on for a number of years, and commit to looking UK-wide at how we can make sure that victims are duly protected. That is a step in the right direction. We are closer than we have been before. Of course, there is still some way to go. I recognise that historically there have been challenges, which I noted earlier, and I am aware that the parties in Northern Ireland themselves have not always reached consensus on this particular approach. If we are indeed closer, I hope that we can make some progress and on that basis I hope that the noble Lord will feel able to withdraw his amendment.

Northern Ireland (Executive Formation) Bill

Lord Eames Excerpts

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

[Lord Eames (CB)]

My Lords, I approach this discussion from the unique position that I held until retirement as the earthly leader of the Anglican Church in the whole of Ireland, which of course included the Church of Ireland in Northern Ireland. When your Lordships recognise the dates for which I was privileged to hold that position, you will understand that most of those years linked to and were absorbed by the Troubles. Therefore, as I listen to a debate of this nature about politics and dates and, interwoven with that, personal attitudes to such sensitive issues as marriage of same-sex individuals and the extremely sensitive issue of abortion, my mind centres not on the legal principles involved or the dates on which this House or the devolved Administration made decisions but on the ordinary people I know in Northern Ireland, who are, above all else at this stage, totally frustrated by the lack of a local Administration, by the lack not just of elected people making decisions in their own country but of a sense of purpose and with it a sense of hope. If anything has deteriorated since the Good Friday agreement, it is the eradication of genuine hope that things can get better and remain better. When I approach issues which I recognise are sensitive and on which each of us has our own individual attitude, I look again at the frustration I just mentioned.

There is a wealth of suggestions of what will bring the local parties together. Virtually every month we are given a different interpretation of the state of those talks. It is not easy for the Minister to continue to reassure us that progress is being made, because people in Northern Ireland say, “We have been here before; we have heard this, it has been explained to us, and where are we now? Nothing is happening”. Into that morass fit sensitive issues such as the two that are now dominating this discussion and, with respect to your Lordships who do not have very detailed knowledge of what life in Northern Ireland is or what makes its people tick, who want to make decisions which will have the sense of being imposed, who explain to us constantly, “We do not want direct rule; we want the people of Northern Ireland to feel an identity of their own”, to this I say, “Hear, hear. We want that”, but when we look at the situation as it is, it is again one of total frustration.

What can usefully be suggested? I believe the suggestion stems from much we have heard in this debate. The word is “recognition”—of sensitivity, of the limits of sensitivity and the horizons of sensitivity, but recognition that sensitivity is something deeply personal in human relations and in human ambition, and nowhere more so is that evident than in such cases as same-sex marriage and abortion.

There is so much in the amendment before us that turns from giving an identity to the people who matter most—the people of Northern Ireland—that they are being considered, and that their needs, wants, views and hopes are not being discussed in the face of the truth of devolution. Even though to our eyes devolution is not working at the moment, that is no reason for any of us to say that it is not worth giving it a chance.

My plea at this juncture in our discussion is to recognise, as I said at Second Reading, because of the history that has brought this little part of the United Kingdom to where it is now, the need to be sensitive and to understand what we are talking about, because we walk on many graves.

[Baroness Barker (LD)]

My Lords, it is always instructive to listen to the noble and right reverend Lord, Lord Eames, and his text—sensitivity—is one that I hear very much. I want to take this opportunity to do the thing that this House does best: to speak on behalf of those whose voices are not heard or cannot be heard or who are often drowned out.

I could not be in my place last week, but I listened subsequently to the speech of the noble Baroness, Lady O’Loan. I have listened to her on many occasions, and she does, as the noble Lord, Lord Cormack, said, make a compelling personal case for her beliefs and experiences. In this House, we do not hear from the 1,000 women a year who leave Northern Ireland to come to the mainland to receive the treatment to which they are entitled as citizens of the United Kingdom. We never hear from them. We never hear from the poor women of Northern Ireland who do not come because they cannot afford it or cannot get the time to come over. We do not hear from any of those people. When we talk about matters to do with devolution and the constitutional settlement, I say to the noble and right reverend Lord, Lord Eames: yes, listen to the people of Northern Ireland, but listen to the people of Northern Ireland whose voices are drowned out and are not being heard.

The noble Lord, Lord Deben, who made a very compelling speech, has been the most unlikely of allies to me at times. I say this to him: those of us who are on my side of the argument on the issue on which we do not agree do not wake up of a morning and decide that we are going to get up and talk about Northern Ireland without bothering to go to talk to the people of Northern Ireland—the men and women whose lives are directly affected. All the proposals which have come forward on same-sex marriage and on overturning the abortion law have come after not just the odd conversation but many years of working with communities in Northern Ireland to change the law. The noble and right reverend Lord, Lord Eames, was right about frustration. There is absolute and utter frustration in Northern Ireland and a loss of hope that they too might enjoy the same human rights as the rest of us. The noble Baroness, Lady O’Loan, said there is no right to abortion. No, there is not, but there are some human rights to which each and every one of us is entitled and which women, in particular in Northern Ireland, have been consistently denied.

This is not a rushed measure to overrule constitutional niceties. It is a long and considered attempt to give all the people of Northern Ireland the equal rights and dignity to which all citizens of the United Kingdom are entitled. I suggest to the noble Lords, Lord Deben and Lord Cormack, that we have waited years for that to happen. To kick it down the road now will be seen, not least in Northern Ireland by those who are losing hope in their political institutions, as yet another reason that we have failed them. I believe that in this Parliament we have a right to say that after all this time, the time has come.

Northern Ireland (Executive Formation) Bill

Lord Eames Excerpts

2nd reading (Hansard): House of Lords
Wednesday 10th July 2019 Lords Chamber

[Lord Eames (CB)]

My Lords, it is right that tribute be paid today to the late Anthony Hart. I have the advantage over other Members of the House, in so far as I was rector of the parish that the Hart family attended in their later stages, so I feel quite deeply about the memory of Anthony Hart. As both sides of the House have done, I pay tribute to the work he did in his inquiry into the devastating results of institutional violence against young people. His recent death removes from Northern Ireland a man of infinite worth and I am glad it is possible to make that tribute in this House today.

Yesterday, I ventured into the Gallery of the House of Commons to spend what I thought would be an interesting couple of hours listening to the debate concerning my homeland. I listened to voices from every segment of the United Kingdom expressing their heartfelt views on the ills of my homeland. I listened to those whose expertise I did not doubt, but I did not hear genuine in-depth understanding of the sensitivities of what was happening in each case. That remark could easily be interpreted with a comment such as, “Well, he would say that anyway. These people from Northern Ireland are always on the defensive. They always carry this painful expression of not being treated well and not being understood”.

As I listened to that debate, I heard Ulster voices and their urgent need to say, “Hold on. You’re treading on very thin ice”. But I stopped listening to those voices, because my memory took over. My memory was of those countless homes in which I had to minister to families bereft of loved ones through the Troubles, and of those numerous gravesides by which I stood to commit the earthly remains of Ulster people to the earth of their country. I said to myself that I was listening there after the cessation of violence, after the Good Friday agreement and after the collapse of the Executive and the endless attempts to re-establish our local government scene.

As I left the Commons last night, I began to wonder what this Bill really says to the mother of Parliaments, the Parliament that has influence and power and is an exceptional example-maker for the Province of Northern Ireland, a part of our United Kingdom. As I left, another memory came to me. It was of a windswept, snowy hillside where, with General de Chastelain, formerly of the Canadian Army, and other observers, I watched the destruction of ammunition and rifles—instruments of death. I said to myself, “What was I listening to in the Commons this afternoon?”. I was listening to a debate on a Bill that I could understand was essential to keep the beacon of hope going in these talks, and to maintain efforts. This Bill set out and began its journey to achieve that, but I asked myself what is happening when two social issues of infinite importance are being swept along under its heading, when the original intention had nothing to do with them.

Abortion and same-sex marriage deserve the deepest possible examination, sincerely entered into, and not in a rushed, pressurised way. Because of the failure of Northern Ireland’s Executive, we will sweep those issues along, which is doing a disservice to those who are sincerely asking us to consider them; a disservice to such fundamental elements of human understanding and life. It is not a question of, “I am against abortion; I am against same-sex marriage”. That has nothing to do with the discussion. The discussion is: “Those are principles of such importance and uniqueness to human understanding that they deserve proper attention and time”, but what is happening? It is happening for Northern Ireland, after the years of suffering, the years of disunity, the years of suspicion, the years in which gradually the two great religions have come together so closely, forged by the Troubles and by the suffering we have seen. Here is the introduction of something so utterly divisive in the eyes of the ordinary people—Protestant, Roman Catholic, Unionist, Nationalist, it does not matter, for we are discussing human relationships and they ought to take priority.

There is a technical issue that I would like to refer to, and perhaps the long-suffering Minister can give a thought to this. The reference in Erskine May to parliamentary procedure has something to say about the purpose of a Bill and the inclusion in it of matters which at first sight—and even at greater sight—seem to be totally removed from that purpose. May I suggest to the Minister that, irrespective of this legislation, research be done into our legislative procedure whereby we introduce matters that are not seen as the real pith and substance of the original legislation? I suggest to the Minister that we would all benefit from that.

We have heard much again today about the need to legislate in Northern Ireland—so much that we could repeat it in our sleep—but I want to add two elements to the list. The first is that which will be covered by an amendment proposed by my friend, the noble Lord, Lord Hain, concerning those who are carrying, on their bodies, in their minds and spiritually, the results of the Troubles. That requires our urgent concern, because what is happening? They are dying out, and their cry for justice and support is dying with them. I urge this House, when the opportunity comes later during consideration of this Bill, to give that element as serious and sympathetic consideration as your Lordships can manage.

The second point I want to emphasise, and with which I will end, is that one of the real dangers in Northern Ireland is the stilting of reinvigoration in many of our areas which suffered most because of the Troubles. I have spent a lot of time recently with my colleagues working with former paramilitaries. In many cases, I have seen evidence—and believe me, I can be as cynical as any of your Lordships—of what they have achieved in their areas by simply saying, “That’s history; that’s over. We want to rebuild our area”. I have one particular organisation in mind. Why is it not succeeding in what it believes is the way forward? It is because it is told by civil servants, “This is too difficult a mountain for you to climb. You have to fulfil this requirement, you have to fulfil that requirement and, until you do, there is nothing we can do to really help you in your progress towards reconciliation”. I feel deeply about that because, particularly in loyalist areas—with which, believe me, I am well acquainted—there is a real chance of moving forward, irrespective of the Stormont impasse. If only we could get the incentive and the vision to go alongside the people who say, “That’s in the past. In God’s name, help us now to rebuild”.

I understand the reason for the Bill and I commend the Minister for his efforts to explain it to us. But I beg you, trembling, understanding and remembering the past: tread softly, for you tread on many graves.

Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2019

Lord Eames Excerpts

Tuesday 4th June 2019 Lords Chamber

[Lord Lexden (Con)]

My Lords, the need for this order arises from continuing paramilitary activity in Northern Ireland. First, could my noble friend comment on the work being done by the Independent Reporting Commission—established by our Government in conjunction with the Republic’s Government in 2017—and its effectiveness? There was considerable debate in this House when the commission was under preparation. Its objective is,

“to monitor progress on tackling paramilitary activity”.

It would be useful to hear how this joint body set up by Dublin and London is getting on.

Secondly, could my noble friend comment on the panel set up by the Northern Ireland Executive? Its task is to provide a strategy for the disbandment of paramilitary groups. In view of the significance of paramilitary groups, a comment on the work of these two bodies would be useful.

[Lord Eames (CB)]

My Lords, as the Minister emphasised in his remarks a short time ago, this order is an indication of the ongoing situation which too often is visible in Northern Ireland. We are frequently told that we have moved on some acres, compared with the situation that many of us lived through in the Troubles. We are told that there is a great improvement in the security situation, but the realistic position, as we have been reminded all too often, is that incidents can occur which remind us that so much has not changed.

It is a great pity that this order is necessary and is, in fact, a legacy of the Troubles. I am sure the Minister will agree that it gives us an opportunity to pay tribute to the judiciary in Northern Ireland: given the particular situation that we have had to contend with over the years, the pressure on individual members of the judiciary has been intense. It would be wrong if the opportunity were missed to pay tribute to that element of our society. I regret the absence from the Cross Benches, through no fault of his own, of my noble and learned friend Lord Carswell—my friend of many years and a former Lord Chief Justice of Northern Ireland. He and I were students together many years ago and for a period we lectured together in the faculty of law in Belfast. I know that were he present today, he would welcome the opportunity to pay tribute to his colleagues of those years for the professional manner in which, with integrity and loyalty to the elements of the rule of law, they carried out their duties in the circumstances of Northern Ireland.

However, for those of us who were tasked with particular jobs during that period, it is worth asking certain questions about the need for this order. First, what criteria, exercised by whom, will come into play when it is found unnecessary to implement it? The Minister has rightly told us that the situation at the moment demands a continuation of this unique way of administering criminal justice but I am a little troubled by the assumptions that public speakers are wont to use. They say, “The situation continues”, or, “The problem exists”. It is easy to make bland assumptions, so can the Minister first tell the House a little more of the methodology that the Government will exercise to reach the point of deciding that an order of this nature is no longer necessary?

Secondly, in paying tribute to the judiciary, many of whom I have had the privilege of serving with in other capacities, I believe the demands made by such an order on the judiciary and the administration of justice—albeit in a limited number of cases—means that it questions so much of the jurisprudence of the administration of justice. Are we to be continually told that the situation continues to demand such exceptional measures? That is the reason for my question: what criteria will Her Majesty’s Government utilise when, please God, the time comes that this will be a thing of the past? Where exceptional methods are necessary in cases such as the administration of criminal justice, there is constant pressure on politicians to exercise the opportunities to create a level of peaceful coexistence in which to isolate those cases where this order, and others like it, are essential.

Northern Ireland Update

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Monday 29th April 2019 Lords Chamber

[Lord Eames (CB)]

My Lords, coming from Northern Ireland and speaking from my experience over the years of being heavily involved in attempts to bring peace and to support the political efforts based on the Good Friday agreement, I welcome much of what the Minister has said to the House. The dramatic reaction to the funeral service in St Anne’s Cathedral needs no enlargement from me, but I say to the Minister that, having presided over the years at numerous funerals of the victims of violence and being in contact with the families of those who have been murdered, I was not at all surprised at the reaction.

However, allied to that must be a new urgency from Her Majesty’s Government in recognising that there is a cynicism abroad in the Northern Ireland community at the failure of organised politics to bring about a solution to these problems, and that, unless that cynicism is addressed in a realistic way in these talks, we are doomed to further failure. So can we be assured that the Secretary of State for Northern Ireland will be aware of all the facets of what she is undertaking, and that the full force of the British and Irish Governments in emphasising those particular shortcomings of the past will be fully realised for the long-suffering people of Northern Ireland?

[Lord Duncan of Springbank]

My Lords, the noble and right reverend Lord, Lord Eames, reminds us again that there have been far too many funerals in Northern Ireland, and that the passing of Lyra McKee represents but the latest in a tragic list of those who have lost their lives on the island of Ireland. I can give the noble and right reverend Lord the assurance that the two Governments will be active in their pursuit of an agreed settlement that restores an Assembly and a functioning Executive.

Let Lyra McKee not have died in vain. Let this moment be grasped by all the political parties. Whatever differences, obstacles and challenges there may be, they can and must be overcome. I can of course give the full assurance that the Secretary of State for Northern Ireland will in every way seek to move this matter forward. We now need to restore a functioning Executive. That would be a fitting but all too tragic tribute to the passing of that young journalist.

Northern Ireland (Executive Formation and Exercise of Functions) Bill

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

[Lord Eames (CB)]

My Lords, I add my support to that which the noble Lord, Lord Hain, has received already. In my own experience over the years, I have been in these people’s homes; I have been at their bedsides; I have been with their families; I have tried to advise their young people, who were bereft of parental support. Time and time again, the efforts of clergy of all denominations have somehow come to a shuddering stop over this simple question: who is a victim?

Right back in the early stages, when Denis Bradley and I were asked to produce a report on the legacy of the Troubles, we came head-on to this question of definition. In my reading of the words that the noble Lord, Lord Hain, just used in his speech, I have no hesitation in adding my support to his request. These are the real victims of legacy: through no fault of their own, they will carry to their deaths the scars—mental and physical—of the Troubles. I am so glad to support the amendment.

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Lord Eames Excerpts

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

[Lord Eames (CB)]

My Lords, the columns of our newspapers in Northern Ireland are frequently filled with people giving their wise or otherwise comments on public affairs. In the last few weeks the discussion of the Bill that is before the House today prompted one writer to say, “Here we go again”—and I have a feeling that that is the emotion that many noble Lords will be feeling at this moment. Because I believe that that is a danger in its own way, we need to put everything that we are saying this afternoon—and, as I have been reminded, this evening—in the context of what the reality is.

Yes, here we go again: we face another look at the disastrous consequences of a failure to establish a local Administration at Stormont. We all know the story, the excuses and the reasons, and we are left in no doubt that, even though at one stage in recent history, we are told, the main parties were within grasping distance of an agreement, no agreement was possible. For my part, I believe that we would be failing the people of Northern Ireland, who are after all the substance of what we are doing, if we did not realise that, no matter what the details are of our discussion and debate, it has an effect right across the board on a society that in many ways is unique.

It is unique because it is a devolved Administration and because many of the things that have happened question the value of devolution and the way in which the United Kingdom goes about it. In the margin of many of the arguments that we have heard over and over in this House, there are questions of a fundamental nature that we find it comfortable to avoid, such as: does devolution mean the New Jerusalem to those concerned because power is given to local politicians? When those local politicians find that the margins in which they are asked to work are not possible, we then ask the bigger question: does that mean we have somehow got the theory of devolution wrong?

Once more the disastrous consequence of the failure to reach agreement on the formation of that devolved Administration for which we had such hope at the time of the Good Friday agreement is that our people are being denied a voice on serious issues. The reality is that this failure means that medical services, education, social services, roads, transport and indeed victims face impossible odds because Stormont cannot take serious decisions.

It would be very easy to place much of what we are talking about this afternoon in a context that takes us away from the reality of the experience of Northern Ireland. It is a society which has suffered much and which is still trying to come to terms with the wounds of the Troubles. They are not just physical or obvious wounds. They are the failure to build relationships, to mature in political relationships and to understand that within our grasp, if we have the rare will to do it, we can achieve much that has so far eluded us. The absence of this local devolved Administration in these days as Brexit comes galloping—dare I say?—across the Irish border, fast approaching with all its unanswered questions, means that Northern Ireland is bereft of the presentation of its local voice.

We have been reminded by the Minister that this is the Government’s attempt to meet a unique situation. We are told that it is one means of encouraging local government in Stormont. It places on our Civil Service responsibilities to take actions that could easily lead it into a legal minefield. That, for me, is a real concern. It causes long-term questions on the theory of devolution. We are bound to ask: after this Bill, what happens next? What happens if the consequences of this Bill falter yet again? Will the Government face another situation where special needs must be met by special provisions? Are we, in fact—I ask the Minister directly—in danger of setting a precedent that could be interpreted in other devolution relationships in the United Kingdom? Today we face decisions affecting the people of Northern Ireland which their representatives, rather than Westminster, ought to take.

Good Friday Agreement: Impact of Brexit

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Thursday 11th October 2018 Lords Chamber

[Lord Eames (CB)]

My Lords, I also thank the noble Lord, Lord Dubs, for facilitating this debate at what is a crucial stage in the negotiations on Brexit. He has always displayed a keen interest in our problems and also our achievements. It is no exaggeration to say that, with that degree of interest, he has approached this debate and introduced it in a way which is most sensitive. In passing, I congratulate the noble Lord, Lord Duncan, on the first anniversary of his acceptance of the responsibility of dealing with those of us from Northern Ireland and our problems, and thank him for the way in which he has exercised that responsibility.

So, we ask, what will happen to the Good Friday agreement when we leave the EU? At one level—and I stress, at one level—the answer must be that nothing directly linked to it will change: it is a historic document and a milestone in the history of Northern Ireland. It came after many attempts to end our Troubles; it came about through the courageous work and vision of those who saw what it could achieve. Among the membership of your Lordships’ House, there are those who played a key and courageous role in that process. It found its place in history, and no one can rewrite what took place 20 years ago.

The fact that not all of its aspirations have been implemented cannot deny its place in our history—and not even Brexit can change history. Too often, not least in Northern Ireland, some try to gain significance through rewriting history. That is a dangerous occupation. It is a dangerous occupation in the affairs of Ireland as a whole. Let us be clear: as a historic document, the agreement is of historic significance. It cannot be rewritten and taken out of its historic context. In time, we may question the relevance of parts of it to changing circumstances—but that is a different matter.

History tells us that only one part of the story of the Good Friday agreement is contained in the question we face today—only one part. Through it, the community was given the opportunity to build a place of peaceful, democratic dialogue and of equality. Hope was rekindled. It was the basis for a joint community, where equality and democratic sharing through peaceful means became a possibility. So, when we ask whether Brexit will change the agreement in a historical sense, the answer is, simply: it cannot. Tragically, the collapse of Stormont has eroded some of those cherished hopes of 20 years ago.

Now, a new generation is asking what Brexit will mean for them—for their hopes, for their future. That generation was not alive when many of the considerations we are talking about today arose. They read about it in history books; they learn about it in schools; they hear it mentioned on television and on the radio—but they ask questions today that we cannot avoid. What will Brexit mean for those hopes? Will the achievements of 10 April 1998 mean a radical change for that new generation? Those questions are not just topical; they are moral. They are questions that no one in this House can avoid if we take our responsibility as human beings seriously.

The victims of the days and years before that day 20 years ago continue to confront us. As has been mentioned, we are still a divided society. Recently, some Members of your Lordships’ House suggested that it was time to consider the balance between the importance we give to the investigation of the past and the support of victims. This is a serious—and, again, a moral as well as a political—issue. We feel that it goes to the heart of much of the post-agreement Northern Ireland beyond discussion of issues such as Brexit. Perhaps later in the debate the Minister will be able to share his thoughts on what we have done. We may argue that certain details of the Good Friday agreement will require consideration as a consequence of Brexit, but the second aspect of this, as I have mentioned, is that the spirit, meaning and vision of what was contained in the agreement cannot be subjected to that sort of scrutiny.

I will conclude with two points. First, if in the latter stages of negotiations on how we leave the EU the Northern Ireland situation and the border issue stand in the way of agreement and compromise is apparently necessary, will the Government’s assurances given to us after the Good Friday agreement be protected? Will the situation in Northern Ireland not be used simply as some sort of political ping-pong in those compromise situations? Secondly, many projects during the Northern Ireland peace process have benefited from financial help from the EU. Have the Government given any consideration so far to the vacuum that could occur in that support after Brexit? Those who have stood beside me at many graves deserve answers to those questions.