Northern Ireland (Stormont Agreement and Implementation Plan) Bill

Debate between Lord McAvoy and Lord Trimble

Thursday 21st April 2016 Lords Chamber

[Lord Trimble]

My apologies. I hope that the microphone caught what I was saying and that the noble Lords could hear it, but I thank the noble Lord for drawing my attention to that. I hope that the noble Lord, Lord Lexden, will not mind if I turn my back to him for the rest of my comments; that is no reflection on him at all.

I was saying that the 1949 Act did not change the Irish constitution, and in Irish constitutional law the name remained unchanged. There is nothing unusual about that, where common popular usage varies from the formal usage. There is a central European state that is always described incorrectly in our media as the Czech Republic. The name of the state is Czechia, but we call it the Czech Republic because we find it difficult to get our tongue around the name Czechia.

The point where we run into difficulties is that the Irish constitution was changed as a result of the agreement in 1998. What the noble Lord, Lord Empey, said about that agreement was absolutely true. But the question then is: did that constitutional change change the name of the state? I rather suspect that it did, but I would like to go and check. Perhaps I will pause at that point and leave the Minister to direct inquiries on our behalf.

[Lord McAvoy]

My Lords, this is an interesting debate, but I wonder—I might annoy a few people by saying this—about what the noble Lord, Lord Trimble, said about people’s perceptions and about the indication by the noble Lord, Lord Kilclooney, that people feel strongly about this. I always listen very carefully and closely to the noble Lord, Lord Kilclooney, because in his life he has experienced things which, to my mind, give him the right to speak on these issues.

I will pose a question—and maybe run for cover once I have asked it. Does this debate, with some of the things said here today, help the situation in Northern Ireland? Does it contribute to cross-community spirit? Does it allay suspicions? Or does it increase them? Clearly, in 1998 the people of the whole of the island of Ireland voted to accept the status quo, so any change must come through consent—and, as far as I am concerned, the principle of consent is a complete and utter guarantee that any change, if it ever happens, will be through consent.

Unlike the noble Lord, Lord Trimble, I managed to call on somebody to give me some advice on the current position. Article 4 of the constitution of Ireland refers to the country as “Ireland”. Legally, that is the country’s name. We cannot tell that country what to call itself. We in the United Kingdom of Great Britain and Northern Ireland cannot dictate to somebody else what they can call themselves. To suggest that in any formal treaty or any signed agreement between our two sovereign countries we should tell the Irish Government that they should call themselves the Republic of Ireland is surprising, coming from the noble Lord, Lord Lexden.