Justice and Security (Northern Ireland) Act 2007 (Extension of Duration of Non-jury Trial Provisions) Order 2023

Lord McCrea of Magherafelt and Cookstown Excerpts

Monday 5th June 2023 Grand Committee

Finally, I am sure that the Minister is aware of the recent criminal justice report which expresses concern regarding the length of time required to bring a prosecution in Northern Ireland Crown Courts. The report is very critical of the Public Prosecution Service and the Police Service of Northern Ireland. It revealed that 50% of evidence presented is not complete, leading to delay. It also revealed that the quality of criminal case files was extremely poor: 54% of Crown Court files did not meet, or only partially met, file standards, and police files took far too long to prepare. Does the Minister agree that it is important that both the police service and the Public Prosecution Service need to be vastly improved? Is it not time that the Police Service of Northern Ireland is adequately funded so that it can speed up these cases?

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, I thank the Minister for the manner in which he introduced the legislation. Not one of us from Northern Ireland would desire to have this legislation on the statute book at all; we would love to see its end. But then we have to ask ourselves: is it needed? The statistics have been produced in the Explanatory Memorandum, and the notes provided under the heading “policy background” at paragraph 7.5 remind us that on 28 March 2023, the level of threat in Northern Ireland related to terrorism increased from “substantial” to “severe”. We wish it were not true, but it is the reality of the situation on the ground.

We have a continual severe threat, especially against members of the security forces. We saw that with DCI Caldwell, but we thank God in His mercy that his life was spared. I join the noble Baroness, Lady Ritchie, in expressing absolute delight that he was able to be present with His Majesty the King at the garden party. That certainly shows an improvement. We hope that that continues and that he will be restored to a very good measure of health and strength. We know that that was not the intention of those who had planned his murder. Sad to say, the reality of the situation is that they in their hearts would have plans to continue. There is no reason to believe that the terrorist organisations—the dissident republicans—wish to step aside from their acts of terror. We have to face that reality, and the order before us does that.

There is genuine concern about jury threat, intimidation, tampering, or even bias, but we want to ensure that the administration of justice in Northern Ireland, which is the heartbeat of any democratic society, continues. I know that we would long to see the Minister say that this is the last occasion on which that he would ever bring these provisions before your Lordships. However, we have seen just how long they have continued until now. It is not in the hands of noble Lords in this Committee to bring that about, but we hope and pray that we will soon ensure that it is unnecessary and get back to jury trials, which would be more acceptable within society.

I have a simple question for the Minister. I notice from the notes we were given that only a small number of responses were made to the extension of the order; only a very small number of representations were made. Does he have any reason why the number was so small? Does he believe that the community in general is willing to accept that this is a reality that has to be carried on in Northern Ireland at this specific time?

[Baroness Suttie (LD)]

My Lords, I too thank the Minister for his detailed explanation of this order. Without repeating the various points made by other noble Lords in this short debate, I add my voice to those saying that this eighth extension of these provisions is deeply to be regretted, but clearly, while the threat from terrorism remains severe and given the current levels of paramilitary activity and intimidation, the Government, supported by the continued work of the multidisciplinary working group, are right to continue with the provisions. I note that, following the consultations, nine respondents agreed with the need to extend the provisions and two were against.

There can never be any excuse for terrorism or murder in Northern Ireland. Any such acts have to be utterly and roundly condemned. The shooting of John Caldwell was horrendous and devastating for him and his family. As the noble Baroness, Lady Ritchie, said, there has been an escalation in other incidents—perhaps lower in profile but none the less deeply worrying. I add my voice to the relief—congratulations is perhaps too strong a word—that John Caldwell is now making a full recovery. I wish him and his family well in that continued recovery.

As others have said, on these Benches we profoundly believe in the right to trial by jury. We must work to find practical solutions to manage the risk of juror intimidation and robust juror protection measures.

In conclusion, like others, I very much hope that this is the last time we need to see an extension of these provisions. Let us hope that by the time of the next revision, the Executive and the Assembly are once again fully functioning and that the security situation in Northern Ireland is very much improved.

Northern Ireland (Interim Arrangements) Bill

Lord McCrea of Magherafelt and Cookstown Excerpts

3rd reading & Committee stage
Tuesday 23rd May 2023 Lords Chamber

If the Government refuse to negotiate the restoration of democracy in Northern Ireland with the European Union, or they refuse to legislate to do that, the responsibility for the current situation will be on their own head. Rather than leaving civil servants to try to run the place in Northern Ireland—they have been placed in an incredibly invidious position—Ministers, whether in Northern Ireland or here, should be the ones who take those decisions.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, I too support the amendment in the name of my noble friends Lord Dodds and Lord Morrow. I also apologise for not being able to be present at Second Reading last Thursday. I am sure that it does not escape the notice of noble Lords that there was a council election on that day. Everyone knew about it, including the Government, yet they had a Second Reading debate on a Northern Ireland Bill in this House.

Like the Minister when he spoke on that occasion, I too regret the fact that we are debating the legislation in the absence of an Executive at Stormont, but the Government have known for over 13 months that a functioning Northern Ireland Assembly and Executive could not continue until the genuine concerns expressed by the unionist elected representatives were adequately addressed. One can bury one’s head in the sand or face reality. We have found out in recent days that burying one’s head in the sand does not do anything; therefore, you have to face reality.

The Northern Ireland protocol and the Windsor Framework were forced on the Northern Ireland people without consent. We all know that the Belfast agreement was built on the very foundation of cross-community consent, but, sadly, the constitutional position of Northern Ireland within the United Kingdom was compromised to appease Europe during the withdrawal arrangements and at the behest of the Irish Republic.

In last week’s debate, the Minister stated that the 25th anniversary of the Belfast agreement is

“an opportunity for all of us to recommit to building an even brighter future for Northern Ireland. Now is the time to decide how we want to move forward together, to create a better future for and deliver on the priorities of the people of Northern Ireland. That includes a more prosperous economy and better, more sustainable public finances and services”.—[Official Report, 18/5/23; col. 381.]

No one could disagree with the sentiments so ably expressed by the Minister, who I think genuinely believed in them. But, in reality, that is all that they were: sentiments.

As we all know, since we last met in the House to discuss Northern Ireland business, there has been an election. Over recent months, the people of Northern Ireland, especially unionist voters, have been bombarded with endless anti-DUP propaganda, much to the delight of some and the dismay of others—so there has been a process of brainwashing the public. Not only was that fuelled by political opponents within republicanism or nationalism but so-called independent observers and commentators—cheered, aided and abetted by the so-called great and good in society—joined in to blame every ill in society on the DUP, including the smallest pothole in some back laneway and the serious, long and grievous waiting lists in the health service.

Of course, none of that happened and those accusations were not made when Sinn Féin boycotted the other place, and Stormont and the Northern Ireland Executive for three years. In fact, I remember debates in this very House when we were told that we were all to grow up and do something to get us out of the situation. In actual fact, it was Sinn Féin that had stepped aside from the Executive and from Stormont, but Members of this House did not have the courage to name Sinn Féin. No: everyone was to blame. We were supposed to be to blame for the actions of Sinn Féin. They pointed the finger and chided us, telling us to return to the Northern Ireland Executive. So here we are today.

After all the brainwashing, the unionist community took a principled stand, as did its elected representatives, on our constitutional rights and demanded to be treated as equal citizens within the United Kingdom. Of course, we are now told that the answer to every ill will be to return to Stormont. Many in this House hoped that, with all the brainwashing process in operation, they would witness the demise, or least the humiliation, of the DUP in the election and the elevation of the Alliance Party as the up-and-coming, as they saw it, central bloc to challenge the DUP. That did not happen. Indeed, Members of this House must face the reality that we have not gone away, you know.

There has been a lot of talk since the election about Sinn Féin’s political tsunami at the election. In reality, the DUP faced a political tsunami of criticism and bile before the election but, through the ballot box, we now know that the unionist people expect their politicians, at a critical moment, to honour their election manifesto pledges, no matter how hard the road will be, and we will.

It is true that Sinn Féin has increased its representation and become the largest party within local government by practically wiping out the SDLP, but was the political tsunami as it has been told to us? In actual fact, Members have perhaps not realised that Sinn Féin went down 20,000 votes in the council elections from the last test one year ago, the Assembly election. The Alliance Party went down by 17,000 votes, the Ulster Unionists by 15,000 votes and the SDLP by 13,000 votes. The party that went down least in votes since that last test was the DUP. I know that this is very hard for some to swallow. Indeed, commentators nearly choked admitting it, and the media outlets found it extremely hard to acknowledge that the DUP did not lose one seat at the Northern Ireland council elections.

So we faced political brainwashing, which failed, but we now face and confront what is, in my book, political blackmail. Part of the Bill’s provisions relate to decision-making for the Northern Ireland Civil Service. Recently, the Government set a budget and, according to the Northern Ireland Fiscal Council, civil servants will be expected to find £800 million in cuts and revenue-raising measures. The cuts demanded are harsher than any facing other Whitehall departments, but it is hoped that, when they begin to hit the community, the DUP will be blamed again.

Civil servants now want to meet the political parties in Northern Ireland to guide them where to make the cuts and to slash services. That is what the new Executive are supposed to do. Because of this budget, we are told that 300 fewer nurses will be trained this year while the health service is already understaffed. To pay the nurses a proper wage, as negotiated on the mainland, more cuts will have to come. That is at a time when the Government here in London boast that they plan to train thousands more nurses and doctors.

Under New Decade, New Approach, we were promised that police numbers would be 7,500, but while in England the Government boast of recruiting 20,000 new police officers, our chief constable tells us that we are to reduce our numbers of police officers, which are now down to 6,500.

My noble friend Lord Morrow outlined that, compared to Scotland and Wales, our budget has been underfunded by £1.2 billion. In my honest opinion, this underfunding and unfair budget for Northern Ireland is not by chance but by design. Those in authority know well that these cuts, when they come, will hurt the sick, children, the vulnerable, the elderly and the weakest in society, but they believe that this would be a price worth paying to force the Assembly and the Executive to get up and running.

The Government have already told us that the black hole in our finances was because of the Executive and that Assembly decisions and the crisis in the health service, infrastructure and education happened under the stewardship of this Executive. What can the Executive do to alleviate the problems facing society when they are told that they will have to make cuts, and more cuts? I am reminded of when I was in the other place and the Labour Government were leaving office, and a certain Minister wrote a famous note that said, “There’s no money left”. We are told that there have to be cuts, but we all know that this is to be used to endeavour to blackmail the DUP to get back into the Executive, with a nod and a wink that money will follow if they do—in other words, the money tree will magically blossom again. But that would be at the cost of tramping over every genuine promise made to the unionist electorate that we would stand firm until the Government granted us equal rights within the United Kingdom. Some will say, “Isn’t that what most parties do—break their promises?”

As I conclude, I have no doubt that the Government, facing the reality posed by recent elections, will seek to cobble something together, hoping to satisfy some with meaningless words, but that will not do. Unionists as well as nationalists have faced difficult days because of the 30 years of the IRA campaign but, with resolve and belief in the right of our cause, we must prevail. I trust that the party in government, which prides itself on being named the Conservative and Unionist Party, will honour the pledge it made to the people of Northern Ireland to respect all parts of this United Kingdom, and thereby rid us of the undemocratic protocol and Windsor Framework and allocate the necessary funds to make life more comfortable for the less well-off. I support the amendment.

[Baroness Suttie (LD)]

My Lords, I will endeavour to be fairly brief. I have quite a lot of sympathy with the DUP amendment. Indeed, I raised similar points at Second Reading last week, and it is similar to an amendment tabled in the House of Commons by my friend Stephen Farry MP.

There is no doubt that Northern Ireland faces an extremely challenging situation as regards future public financing, but I am afraid that I completely agree with the noble Baroness, Lady Ritchie: surely the place for this to be debated is the Northern Ireland Assembly. I am under no illusions that a fully functioning Assembly and Executive would immediately be able to resolve these complex issues, but they would provide one strong voice to lobby the Treasury—a voice that is much closer to the people affected by these issues.

I have to say to the noble Lord, Lord McCrea, that I am a democrat—a Liberal Democrat—and someone who believes in the union and believes strongly in democracy. Both the House of Lords and the House of Commons have overwhelmingly supported the Windsor Framework agreement. I hear what noble Lords have said; I understand there is still a strong feeling about this issue. I sincerely hope the Assembly and Executive will be fully functioning as soon as possible but, listening to the debate this afternoon, I am perhaps less optimistic than I was before the debate. Can the Minister say, if it is not fully functioning again, how these issues will be dealt with in terms of parliamentary oversight? I presume, as ever, he will consult and involve all the political parties on this, as a Bill has to come forward, but this is just a plea to the Minister to make sure that all parties are consulted. Could he say a few words about how parliamentary oversight could be properly achieved? I plea, one more time, to the noble Lords opposite: surely a fully functioning Assembly and Executive is the best way forward, to have their voice heard loud and clear.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Lord McCrea of Magherafelt and Cookstown Excerpts

Committee stage
Wednesday 29th March 2023 Lords Chamber

I was speaking to a principal who said that a few years ago she wanted to introduce Gaelic football to the state primary school, which was a good thing. However, an incident like this happened on the day they were going to do it for the first time; half the parents walked in, removed their children for the day and said, “We are not doing it”. It is not just the victims and their families getting humiliated by these songs and other things, which is bad enough. It is the future, and if we allow this to go on and it becomes a lovely thing to do, to sing those songs outside a school or close to children whose grandparents may have been killed—uncles, aunts, whatever—this is really important. We must not look at it as something that is acceptable. It would be totally unacceptable if somebody who supported ISIS went to Borough Market and shouted “Up ISIS” or whatever. Straightaway, in this country, they would be landed on and would not get away. With us, we accept it, but this is about our future and the children. It is with the primary schoolchildren that it has to start. We should support these amendments.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, anyone who lived through the years of Northern Ireland’s violent past will understand that we want to save the present generation and generations to come from such an awful fate. Practically every week I meet a family that still feels the hurt and endures the scars of the past, whether it be the widow who still grieves or the little boy or girl who has had to be raised without a father because their father was brutally murdered.

In light of the serious, severe threat for the future that has now been announced by the Secretary of State, we need to be very careful. If folks are glorifying acts of terrorism, young people can easily get sucked into this and think that it is just a bit of a thrill. The lives of those who get involved will be scarred. I am speaking about those who are actually involved in acts of terrorism, because their lives, their conscience, will never be the same again. Quite a number of them cannot live with their conscience and quite a number have done themselves to death.

The glorification of murder cannot be accepted. It is very sad when the leader of Sinn Féin in Northern Ireland excuses the years of murder and mayhem that the Province experienced, stating that there was no alternative. Ministers in the past have rightly said that there always was an alternative, and that was the pathway of democracy. But the reason Michelle O’Neill says this is that they are rewriting history. They want to excuse and cover up the bloodthirsty past that many of them have.

I am fearful that this is the mindset that, even today, political leaders in Sinn Féin engender in the hearts of their young people. From their earliest days, they have ingrained in their minds a deep hatred of Britishness and those who desire to remain British. When I was growing up in Northern Ireland, people could live together. They could have completely different political outlooks but nevertheless lived within one community. They lived and let live.

History reminds us that there is a small step from holding that hatred in your heart to its expression in acts of murder and brutality. It is disgusting that over recent months we have seen an increasing number of incidents where young nationalists and republicans chant “Up the Ra!”, whether it be at Gaelic matches, in bars or at west Belfast community events, glorifying some of the vilest past atrocities that many of us lived through.

Skulking behind a hedge in the darkness and gunning down a member of the security forces during the Troubles was not an act of bravery. Neither was it courageous to set up your workmate, who fed you from his lunchbox, only to plant a bomb under his van at work, as happened in West Tyrone to a young man I knew very well. In Nan Rices Bar in Newry, social media displays crowds of young people singing this republican propaganda. Can anyone imagine what the innocent victims of terrorism feel when they hear this laughter and singing commemorating some of the vilest atrocities in our Province? It opens up deep wounds that only those who have experienced it will understand.

There is nothing to be proud of in acts of terror of any community. We must therefore do everything within our power to ensure that terrorists are taken off the backs of the people of the Province and that the Government never again permit through appeasement, as they have in the past, terrorists to get a grip of the community. I wholeheartedly support the amendments in my noble friend’s name.

[Baroness O'Loan (CB)]

My Lords, these amendments relate to Clause 18 and immunity from prosecution. Those provisions are profoundly flawed, as was stated just two weeks ago by the Committee of Ministers of the Council of Europe, which condemned the immunity provisions.

This group of amendments is described as relating to glorification. They seek to ensure that a person seeking to avail themselves of the immunity provisions that we have discussed, as the noble Lord, Lord Dodds, said, is not engaged in activity which precludes reconciliation. For that reason, I support all the amendments from the noble Lord. We have seen a whole range of activity which undermines attempts at reconciliation on both sides of the community and activity referring to past atrocities and glorifying those involved. The noble Lord gave a very graphic example in South Down.

I think also of the murals, in particular one in north Belfast that I regard almost with terror; it depicts two hooded gunmen who say, “Prepared for peace, ready for war”. It is a declaration of war and has stayed there regardless of all the attempts at promoting reconciliation. Many of these murals have been painted over, but some very deliberately have not. The problem is that there is nothing to be glorified in shootings, bombings, torture or exile. We all know that what results from those is pain, trauma and terror that sometimes lasts a lifetime.

I have worked with people who were at some of those incidents, where gunmen arrived to shoot somebody in a workman’s hut, or something like that, and 20 or 30 years on they still live in terror of those who came, because they did not get shot dead and others did. So I do support those amendments.

I have put my name to Amendment 167 in the name of the noble Lord, Lord Murphy, because that seeks to prevent individuals who have been granted immunity from profiting from their conduct, in relation to the offence for which they might be granted immunity, through empowering the Secretary of State to make regulations to prohibit such activity.

I have put my name also to Amendment 177, in the name of the noble Lord, Lord Dodds, which creates a new offence of glorifying terrorism. I think it could be quite difficult to prosecute and it may need a little fine-tuning. Perhaps the noble and right reverend Lord, Lord Eames, has indicated how we should approach this, namely by accepting the purpose of the amendment and agreeing on that.

For the moment, the immunity provisions themselves have been roundly condemned, nationally and internationally; there is no merit in them. I hope that, ultimately, your Lordships will reject not only immunity provisions but the Bill also.

Windsor Framework (Democratic Scrutiny) Regulations 2023

Lord McCrea of Magherafelt and Cookstown Excerpts

Wednesday 29th March 2023 Lords Chamber

[Lord Lilley (Con)]

My Lords, it is a great privilege to follow the noble Lord, Lord Dodds, in what has been a fascinating debate. I have agreed with a lot of what every speaker has said but not the entirety of what any speaker has said. But what has surprised me most is what I have not heard. Over recent months, I have sat through many debates in this Chamber and listened, often with sympathy, to noble Lords calling passionately for parliamentary control over the Executive, declaring that no laws should be passed without scrutiny and accountability to Parliament, deploring the use of Henry VIII powers enabling the Executive to pass primary legislation by statutory instrument, and calling for international agreements to be subject to debates and votes in this House before they are ratified.

So I thought it quite reasonable, as did the noble Baroness, Lady Fox, to suppose that noble Lords would be up in arms about the constitutional implications of the Windsor deal, whatever their views about the substance of it and the Northern Ireland protocol. It has already been ratified by Messrs Šefčovič and Cleverly before this House has had any opportunity to debate it, and before any comprehensive text has even been published for this House to consider. Some 90% of the changes, such as they are, will be implemented without any legislation by our Parliament, since they are being implemented by EU regulations applying directly in Northern Ireland, without this Parliament having any say. This will leave 300 laws, which neither this Parliament nor Stormont will have any power to alter or remove, directly applicable in Northern Ireland. Yet we have heard scarcely a peep out of the normal defenders and great guardians of parliamentary supremacy on the Labour, Lib Dem and Cross Benches. That is extraordinary. It seems they are perfectly happy to see executive power exercised with no scrutiny or accountability to Parliament, and not answerable to the electorate in any part of this country, as long as it is exercised by the EU under the sacred Northern Ireland protocol.

Although all the aspects inherent in the Northern Ireland protocol, with or without the Windsor Framework, are in many ways objectionable, I found the Northern Ireland protocol tolerable as a temporary measure to ensure that there would be no infrastructure and checks on the Irish border, even if the UK had left the EU without a trade and co-operation agreement. It was, and is, temporary and transitional, because it was negotiated under Article 50 and the EU has always said that that only enabled it to enter into temporary and transitional arrangements. It remains temporary and transitional because the EU has been very insistent that the Windsor Framework makes no change to the legal basis of the Northern Ireland protocol. Indeed, I understand that the changes it will make are being introduced by the EU using a procedure designed for what it calls “small and minor” amendments to existing laws. That tells us what it thinks about the substance of what has been negotiated. It is not quite as significant as some claim.

This statutory instrument is heralded as very important. I want my noble friend to confirm, first, that the Stormont brake gives the UK no substantive power, in practice, that it did not already possess. Secondly, I want him to confirm that the powers given to Stormont are in fact being transferred from the UK to Stormont, not from the EU. Let me explain. Under the protocol, pre Windsor, the UK could entirely veto, in a qualified way, any new EU laws and regulations under Article 13(4) of the protocol. We could not use that article to veto changes to existing EU laws that it may choose to make, but we could veto them under Article 16, again in a qualified way, if they threatened serious disruption. That is all we can do now under the Windsor Framework, so there is no change in the powers we possess. This is much the same situation as will be enshrined under the new Article 13(3a) of the protocol, following the Windsor Framework. So the only significant change introduced by this statutory instrument is the transfer from Westminster to Stormont of control of the trigger to exercise the qualified veto powers we already possess in respect of both new laws and changes to existing laws. That transfer could have been made unilaterally by the UK, with or without the Windsor Framework—it is not thanks to any concession by the EU—and there is no particular reason why we should make any concessions in return to the EU for something we could do ourselves.

One aspect of the Stormont brake and its antecedents in the original protocol is illogical to me, although, strangely, no one else seems to find it so. Remember that the sole justification for the protocol is to protect the EU single market without creating border infra- structure and checks at the border between Northern Ireland and the Republic. So surely the Stormont brake should enable Stormont, or the UK, to veto any new or amended EU law unless that would cause serious and permanent problems to the EU single market—not serious and permanent problems within Northern Ireland, which is the test applied under the Stormont brake. If there were problems on both sides, surely it should weigh the problems for the single market against those created in Northern Ireland. I merely ask the Minister: why is there this strange and illogical approach to the protocol?

I hope that, overall, the Windsor deal will to some extent alleviate the problems caused by the Northern Ireland protocol, and that it will mean there is less of a problem now, while we have all the grace periods that we have unilaterally taken. Those grace periods will end, which could make things much worse, but I hope this will make things better. We cannot tell from the statutory instrument we will vote on today, or from the whole thing, because it has not been published yet.

However, I am pretty sure that in the long term, the Northern Ireland protocol, with or without the Windsor Framework, will prove unsustainable. Any solution must ensure that there continues to be no infrastructure and no checks between Northern Ireland and the Republic. But it surely means that we must also ensure that there are no checks and infrastructure at the border, or non-border, between Great Britain and Northern Ireland. I can see only one way that that can be achieved while maintaining the integrity of the European single market, which is a perfectly legitimate objective of the European Union that we wish to respect. It is using the powers—which I, as Secretary of State for Trade and Industry, had under the predecessor Act to the Export Control Act 2002—to make it an offence to export to the EU anything that does not meet its standards. We can do so using the SPIRE system, which makes it user-friendly.

Normally, export controls are not implemented by checks at the border but, when there is suspicion of wrongdoing, via inspections at the company’s headquarters, warehouse or point of dispatch. We know that this sort of thing can be done: the Republic would not need to monitor the border any more than it has needed to monitor it since it unilaterally introduced controls on imports of coal and other fuels from the EU a few months ago. When people asked, “How are you going to do that without border infrastructure and controls?”, it said, “Oh, we’ll do it by a market surveillance mechanism in the shops and outlets in the Republic”. That is how these things should be done and, in future, could be done.

Although I will not be voting for the fatal amendment to the Motion today, I have great sympathy with the position of the DUP. If the party goes back into government and the Assembly, it will be asked to implement controls at the border between two parts of the United Kingdom—but the DUP’s whole raison d’être is to belong to the union and it would find that very difficult. I have no doubt that, if Sinn Féin were required to implement one single camera on the border between Northern Ireland and the Republic as a condition of participation in the Assembly, it would refuse to participate in the Assembly. So we should not think that the DUP is being unreasonable, any more than I would think that Sinn Féin were being unreasonable if it refused to participate on those grounds.

We have to find a way to enable the DUP back into power sharing which does not blame the party for the problems created by the protocol—which, as I said, is almost certainly unsustainable. I hope that the Windsor Framework will make things better, not worse. It will not solve the problem in the long term; we must find a solution that means no border with the Republic and no border between two parts of the United Kingdom.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, the noble Lord, Lord Jay, at the commencement of the debate, said that a majority in Northern Ireland supports the Windsor Framework. But I respectfully say to him that his comments display a lack of knowledge of the Belfast agreement, because majority rule is no longer the foundation of the political settlement in Northern Ireland; instead, cross-community support is demanded, and, in the past, I believed that this House strenuously supported that.

The noble Lord, Lord Hain, told us that a lot of the detail in the SI is unclear. But it seems that we are asked, as a House, just to let it pass through, even though it is unclear and imperfect. In fact, I have not heard one Member of this House who has spoken already suggest that either the SI or the Windsor Framework is a perfect document—but it is good enough for Northern Ireland.

The noble Lord, Lord Hain, went further, saying that the Northern Ireland protocol—the original protocol—had a glaring democratic deficit. But that is not how it was sold when it came to this House before. In fact, the SDLP, the Alliance Party and Sinn Féin said that it was to be rigorously implemented, with no changes and no negotiation. Yet it has now been acknowledged by His Majesty’s Opposition that it has a glaring democratic deficit, even though, in the previous debate, it was sold as the jewel in the crown for Northern Ireland and we should be very honoured to be given the opportunity to embrace it. I believe that certain Members of this House should blush at how they sold and championed the original protocol when it was debated in our House. This debate, like the framework—

[Lord Hain (Lab)]

I am very grateful to the noble Lord for giving way; I will be brief. I would like to put on record, as I think he knows, that I have consistently said that the democratic deficit should be addressed by giving Northern Ireland Ministers, MLAs and the Assembly as a whole proper accountability for what is going on. The Windsor Framework actually improves that, although I think that there are lots of unanswered questions.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

I thank the noble Lord for his intervention. I must say that that was not how this House sold the original protocol to my colleagues in this House. In fact, we were derided for ever suggesting that we would be opposed to the protocol, even though it is now acknowledged that there is a democratic deficit.

In many ways, this debate, like the framework itself, is something of a sham, because the deed is already done and signed. In fact, we were told that the Government had no intention of heeding any changes that we might decide upon, because, as the Secretary of State said at the weekend, the DUP has

“yet to come to terms with the significance”

of the vote. He added:

“There is no renegotiating of that deal”.


I have heard Members saying that matters should be renegotiated, but the Secretary of State has emphatically stated—as has the Prime Minister—that there will be no renegotiation of the deal. That means that any comments we make at this time in the debate are meaningless, as far as the Government are concerned. I respectfully suggest that seeking to demean the unionist leadership, as the Secretary of State did, does not restore confidence in the good will of this Government, and neither will it assist with the restoration of Stormont. Yes, the vote was taken in the other place, and although your Lordships’ House is supposed to scrutinise legislation and to improve it, if necessary, we were not granted the opportunity to do so.

Northern Ireland (Executive Formation and Organ and Tissue Donation) Bill

Lord McCrea of Magherafelt and Cookstown Excerpts

2nd reading
Monday 27th February 2023 Lords Chamber

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, I thank the Minister for his introduction to this legislation and agree wholeheartedly with his opening remarks concerning the murderous attack on DCI John Caldwell. The attack happened in Omagh, and he came from Beragh. I represented that area for 14 and a half years. I am thankful that his life may have been spared but it is tragic that, we are told, he will have life-changing injuries if he comes through and survives. We extend our good wishes and earnest prayers to John and his wife and family. We thank God that his little boy was spared; however, he was not spared the horrors of watching his father being gunned down in front of his eyes.

While I welcome the fact that five leaders at Stormont stood with the chief constable in condemnation of this dastardly, despicable attempted murder of John, it is sad, and has to be condemned that Sinn Féin yesterday honoured the 35th anniversary commemorating Brendan Moley and Brendan Burns, who were on a mission to murder members of the security forces. With one side of the mouth they condemn, then their actions prove that their hearts have in reality not changed. To move forward in Northern Ireland, a big step will have to be taken in proving to the people of Northern Ireland that Sinn Féin has completely turned its back on its terrorist past.

It is also regrettable that, on this day, His Majesty has been brought into the situation concerning the discussions between the European Commission President and the Prime Minister. This was a cynical act by the Government and has certainly done nothing to enhance their reputation among the unionist population of Northern Ireland, who are loyal citizens and subjects of His Majesty the King.

In many ways, this debate is overshadowed by the other developments happening today. As I said, the Prime Minister and the European Commission President are meeting and we are told that they have signed off a new agreement on the protocol. Yet they did so without the elected representatives of the people of Northern Ireland having seen it. They have not learned the lessons of the past. The DUP will not be blackmailed or cajoled by anyone into accepting any deal that is not in the best interests of Northern Ireland and does not fulfil the seven tests set out by our party. These tests are grounded not in a unionist wish list but in promises that have been given to the people of Northern Ireland. For us, the stakes could not be higher, as the protocol that is already being operated poses the greatest threat to the integrity of the United Kingdom and Northern Ireland’s part in it.

I will wait for the apology that will be forthcoming from Sinn Féin, the Alliance Party and the SDLP, who called for the rigorous implementation of the failed protocol, which they now acknowledge had to be done away with or replaced by another agreement. Our party is not out to enhance the credibility of the Prime Minister, the Secretary of State or indeed anyone within the unionist family. All along, our genuine concern is for the future well-being of the people of Northern Ireland. It seems that all efforts are being put into trading matters. These are indeed very important for the prosperity of Northern Ireland businesses but there is a vital constitutional matter, which must be faced up to honestly and honourably, concerning who governs us. Northern Ireland has in effect been left in the single market for goods and is still bound by many EU regulations and subject to a foreign European court. We are being treated differently from the rest of the United Kingdom; no real unionist can accept the people of Northern Ireland being treated as second-class citizens within our kingdom. The Minister should not be surprised that the Assembly has not been able to function over the past year when, through the protocol, the fundamental consent principle has been removed.

We cannot judge what this so-called deal will or will not hold but the protocol presently being operated violates the Belfast agreement and its commitment to uphold the rights of the people of Northern Ireland to

“pursue democratically national and political aspirations”

with respect to all the laws to which they are subject. The Assembly was brought down because of the democratic deficit, where the protocol stripped the people of Northern Ireland of their rights in relation not only to 300 laws but to 300 areas of law to which they are subject. Currently, 670 laws have been imposed, and the number is rising all the time. This constitutes an attack on other legal protections, such as Article 25 of the International Covenant on Civil and Political Rights, and would be wrong whether or not the Belfast agreement existed. It is deeply offensive when we are being told daily that the Belfast agreement is considered one of the most famous treaties in the world. Indeed, many of our laws are being forced upon us, having been decided in Brussels, without being scrutinised by our Members of Parliament at Westminster. If the past 50 years teaches us anything, it is that, if political arrangements are to last, they require support from right across the community.

I was somewhat disappointed by the threat, as it were, from the noble Lord, Lord Alderdice, to the unionists: “If you do not accept this, remember, you are going to be governed by Dublin”. The noble Lord was a Member of the Northern Ireland Assembly many years ago. He was elected by the people of Northern Ireland then, before he left the Province. I suggest to him that he ought to know better than to threaten the unionist population with Dublin rule if they do not abide by what has been decided for them.

I have no doubt that the great and the good, Uncle Tom Cobley and all, will be wheeled out to sell any deal whether it satisfies genuine unionist concerns or not, but that will not move my party from faithfully adhering to our legitimate and stated tests. I will not prejudge what the Prime Minister has to say but any deal must fulfil the guarantee of the sixth article of the Acts of Union 1800, which requires that everyone in the United Kingdom is to

“be entitled to the same privileges and be on the same footing, as to”

goods in “either country” and in respect of trading in the United Kingdom. Under the present protocol, this is clearly not the case. It will take more than words at a press conference or an address to Parliament to convince the people of Northern Ireland because it will be of vital importance that, on the constitutional position, the unionist population study carefully the actual text of any agreement.

I will not say that we will be served up with a bowl of fudge later on tonight, as in the past, but the unionist people need clarity. That is why our legal experts must scrutinise every line of the deal. There cannot be a restoration of the Assembly at Stormont until the unionist community is satisfied that there is integrity in the deal. We are certainly not going to allow any politician to pull the wool over the eyes of the people of Northern Ireland. We will look the people of Northern Ireland in the eye and in the face; if it is right for Northern Ireland, we will agree, but if it does not fulfil the seven tests—especially the constitutional test—that cannot be right for the people of Northern Ireland.

We wait to see but, in the meantime, we have the executive formation Bill. It is essential, to allow the political parties to carefully consider the way forward, to have that legislation passed in this House.

Omagh Bombing

Lord McCrea of Magherafelt and Cookstown Excerpts

Thursday 9th February 2023 Lords Chamber

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, for 14 and a half years in the other House, I represented the people of Omagh, and I visited the scene of carnage on the day that the bomb took place. Coming from a family with loved ones brutally murdered, I know the deep anguish and pain that these families have suffered over the years. Sadly, that pain will not go away. Can the Minister assure me that while the inquiry learns the lessons of any failures that may have taken place by security personnel, no focus will be taken from those who planted this bomb and carried out this despicable, murderous act, and therefore that every effort will continue to be made to bring those responsible to justice?

[Lord Caine (Con)]

I fully acknowledge the comments of the noble Lord, Lord McCrea, and I am well aware that he has, sadly, during his political and ministerial career—ministerial in a religious sense—had to officiate at funerals and bury many loved ones over the years. On his specific question, as I indicated earlier, the people who are responsible for this vile atrocity are of course the terrorists who carried it out and nothing should detract whatever from that. I concur entirely with his comments in that regard.

Protocol on Ireland/Northern Ireland: Supreme Court Judgment

Lord McCrea of Magherafelt and Cookstown Excerpts

Thursday 9th February 2023 Lords Chamber

[Lord Caine (Con)]

I note that the former First Minister is a proud Anglican. While there have been modifications, I take on board the noble Baroness’s comments. As I said in answer to an earlier question, the Government’s intention is to ensure that Northern Ireland’s position within the UK internal market is fully respected, along with its constitutional position as part of the United Kingdom.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, a group of 18 year-olds from Northern Ireland visited Parliament yesterday. They told me that they were jealous of me because, for years, I had the opportunity to stand for election and to debate and make all the laws to which I was subject—an opportunity they will now be denied under the protocol, with laws being forced upon them over which they have no say. They told me that they felt like second-class citizens in the United Kingdom because of that. What does the Minister say to them?

[Lord Caine (Con)]

Clearly, we do not want anybody in any part of the United Kingdom to feel like a second-class citizen. As I set out in my comments on the Northern Ireland Budget Bill on Tuesday, dealing with issues around governance and the democratic deficit, to which the noble Lord referred, are extremely important, and they will have to form part of a final negotiated agreement with the EU.

Northern Ireland Budget Bill

Lord McCrea of Magherafelt and Cookstown Excerpts

2nd reading & Committee negatived & 3rd reading
Tuesday 7th February 2023 Lords Chamber

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, in the other place, the Minister, Steve Baker, when introducing the Bill, said:

“In the absence of an Executive, the Government stepped in to set a Budget … Setting the Budget was not an easy task.”


He went on to suggest that DUP voters, on the whole,

“will be devastated by the consequences of not having the Executive up”

to deal with the issues before them. I am somewhat bemused by so many politicians and Times commentators constantly telling my colleagues and me what DUP voters want, while, at the same time, showing that they are unwilling to listen to the authentic voice of unionism, as demonstrated constantly through the ballot box over and over again. Unlike other parties, the DUP stays close to its electoral base and honours the promises it makes in an election manifesto.

The Minister in the other place went on to say that, in the light of the Chancellor’s Autumn Statement, His Majesty’s Government

“are acutely aware of the difficult decisions that now have to be taken in relation to health, education and right across the spectrum in Northern Ireland to live within the Budget.”

He also said that

“pressures on Northern Ireland’s finances did not happen overnight. Successive former Executives … failed to put finances on a sustainable footing. As a result, the Government inherited a Budget halfway through the year with an overspend of some £660 million. That is unacceptable”.

However, he failed to say that, while numerous problems were facing practically every department within Stormont’s competence, to resolve those required the relevant Finance Minister to present a budget which departments could work from. Sadly, Sinn Féin Finance Ministers, when the Executive was functioning under their stewardship, were unable to bring forward a budget that any of the other major parties could sign up to. The most recent Finance Minister, Conor Murphy, set a budget promising millions when he knew that the coffers were empty—peddling promises to satisfy his political aspirations, yet knowing full well that the black hole was getting deeper.

The chairman of the Northern Ireland Affairs Committee in the other place also said that

“we were hearing … a growing sense of worry and anxiety about the impact on the quality of life and on outcomes in health, education and housing for ordinary people in Northern Ireland”.—[Official Report, Commons, 23/1/23; cols. 773-75.]

To this I say, “Yes, we are.” No one can be satisfied with the failure to tackle the numerous problems that we face with crumbling infrastructure, with hospital waiting lists at an all-time high, not being able to see a doctor even when life and death issues are at stake, and with operations being cancelled, as well as the education of our children being seriously undermined, and so on. The list of problems goes on and on.

However, Simon Hoare is tone-deaf to anyone expressing the growing sense of anxiety and worry felt by the unionist population, who feel that they have been treated as third-class citizens by their own Government because of the iniquitous Northern Ireland protocol, which was agreed between London and Brussels deliberately over their heads. Unionists will not permit us to be treated like an EU colony. We shed our blood to maintain our British heritage, and will not accept the constitutional position within the United Kingdom being swept away by foreign Governments in their efforts to constantly appease republicans.

Another serious shadow hangs over this debate, with the amendment proposed by the noble Lord, Lord Hain, the substance of which is to threaten the unionist electorate through their politicians that, if they do not obey his diktat, their legitimacy will be cast aside as if we were under some communist regime. Let me sound a word of caution to the noble Lord, Lord Hain, who as a former Secretary of State ought to know better. If he is presenting this amendment with the blessing of His Majesty’s Opposition to his colleagues as well, this is playing a dangerous game and the stakes could not be higher. He is playing silly political games at a most sensitive time in Northern Ireland. This amendment may have received applause in Connolly House, the headquarters of the Provisional IRA in Dublin. Indeed, it could even have been drafted in Connolly House, when you read it—but I find its contents insulting to the ordinary unionist voter and a direct challenge to democracy. Does he really think that the DUP would be willing to sell the constitutional future of our Province for a paltry 30 pieces of silver?

It is interesting that, while Sinn Féin brought down Stormont and would not enter an Executive for three years, the noble Lord did not present such a proposal to your Lordships’ House, but rather did everything in his power to get all the concessions demanded by Sinn Féin granted to it to get it back into the Executive. Now he wants the Government to give an ultimatum to unionist elected representatives: “Get in without having your legitimate democratic concerns dealt with, or else we will bypass you completely or sweep your elected representatives to the side.” I say to the noble Lord that the unionist electorate are not to be treated as if they were dirt under somebody’s feet or regarded as irrelevant. The noble Lord can therefore no longer be considered to be an honest broker for any further negotiations. I am surprised that he did not go the whole way by telling unionists that, if they were unwilling to be compliant with his demands, they will no longer be allowed to vote at any further Assembly election. But perhaps that is reserved for a future occasion.

Note also that Sinn Féin has lifted many millions of pounds from British taxpayers, even though the MPs have never attended one sitting at Westminster—but not a cheep from the noble Lord. I think that I can recall that there were those on the Labour Benches that were willing to remove the necessity to swear allegiance to Her Majesty the Queen to get Sinn Féin on to the green Benches of the other House.

The DUP on numerous occasions raised genuine concerns, indeed concerns felt by all unionists in the Province, about the Northern Ireland protocol from its position within the devolved Administration, long before it withdrew from the Executive. There was a long window of opportunity in which to resolve these issues before the Executive collapsed, but this was missed or thought not worthy to be granted serious consideration. Europe was so belligerent that it was not willing to remove one jot or tittle from the agreement, at the behest of Dublin. The Assembly works on the basis of consensus, yet the basis of its functioning properly was destroyed.

The protocol has damaged Northern Ireland’s position within the United Kingdom and the economic prosperity of our people. The Assembly is expected to administer laws that have not even been created by this Parliament, never mind the Assembly itself. Some 300 areas of law, including our ability to trade with the rest of the United Kingdom, must be determined by a foreign political entity, the EU. Yes, laws are imposed on Northern Ireland without scrutiny, nor any accountability for them. The democratic deficit is alarming, but we are to suck it up and get on with it. Unionists are not willing to tolerate this any further, and only an honest dealing with the situation will be accepted.

Even in the light of the talks that are going on, I say to the Minister, for whom personally I have respect, that no underhand, cobbled-together deal between Brussels and London behind the backs of unionist representatives will gain acceptance within the unionist population. It is time for the Government to get real, face the dilemma they have created and treat Northern Ireland as what it is; an integral part of the United Kingdom with equal rights as enjoyed by all others within the union.

Coming to the budget itself, the allocation of resources is totally inadequate and will only place every department in extremely difficult positions, facing difficult choices. The recent additional energy and inflation pressures have greatly exacerbated the problems. In the DfI, the allocation will have a serious impact on road maintenance, street lighting, et cetera—indeed, the already unfit nature of many minor roads will get a lot worse; they are already in a deplorable condition. In the Department of Justice and policing, it is envisaged that an operational shortfall of some £80 million in this financial year will but increase to £106 million next year and £132 million in 2024-25. Police numbers have fallen to 6,669 this year, and next year, this is to continue downwards to 6,433, with a further reduction to 6,193 police officers in 2024-25. Is this acceptable?

This is inconsistent and contrasts with the uplift programme in England and Wales, which has been allocated an uplift of more than £2 billion across three years, including funding to grow police officer numbers by a further 20,000 members. This year’s allocation will impact, with a reduced vehicle fleet and damaged and broken vehicles waiting longer for service and repair. It will also lead to deferred building and maintenance work on a crumbling estate. This is happening in spite of a firm NDNA commitment by His Majesty’s Government to provide adequate resources to allow police numbers to rise to 7,500. The implications within the community are serious, with fewer police on the beat. Indeed, by March 2023, there will be 75 fewer neighbourhood police officers, 96 fewer detectives investigating murder, terrorism, drugs and organised crime, 97 fewer officers in our operational support department and 115 fewer police staff across a range of roles. This is not acceptable.

In education, there is a significant funding gap and the Education Authority is concerned about the growing unprecedented pressures facing education. There has been chronic underinvestment in education and representatives of all schools have written to the Secretary of State warning that there is a crisis in education funding. Spend on education per pupil in Northern Ireland is below that in England, Scotland and Wales, and half of our schools are projected to be in financial deficit at March 2023. In Scotland, 2021-22 spend per pupil was £7,600, but in Northern Ireland it was 6,400. Following the 2022-23 budget settlement announced by the Secretary of State in November 2022, the Education Authority was directed to identify a range of proposals in response to the £110 million funding gap which was being forecast at that time. A number of proposals are being considered to make savings, including reductions to services, but these are judged to lead to highly unacceptable and detrimental risks to our children and young people.

However, the substantial pressures that the system is currently facing will increase in pace. As a result, the financial position will be even more challenging in 2023-24. Reducing expenditure on the day-to-day running of schools will have an impact; it will impact on special educational needs support, transport, catering and, ultimately, the educational experience and outcomes of our up-and-coming generation. A flourishing education system is vital for the future health, well-being and economic prosperity of our wider community. We urgently need to invest in an ambitious programme to transform special educational needs services and develop and grow early intervention support, thereby reducing our reliance on statutory services, to ensure that all our children can lead happy and fulfilled lives. The budget before us today does not permit this to happen. We are moving backwards, not forwards.

Finally, I will look briefly at health provision in the Province. Waiting lists in Northern Ireland are the worst in the United Kingdom. Waiting times for a cancer consultation have risen, in many cases at an alarming rate. Even though the largest part of our total budget is allocated to health, our outcomes are falling. Care packages are in chaos and the number of agency staff across the service is increasing. The costs are astronomical. The glaring need to train more nurses, doctors and consultants is surely evident, but it has not been tackled. Six years on from the Bengoa report, we are yet to see the proposals delivered. If my memory serves me right, all major parties in the Northern Ireland Assembly signed up to the implementation of this report, but the situation lies stagnant. With such consensus, there is no need for government to delay action any longer in taking forward these reforms.

There was no cross-party support for the present abortion laws forced on the people of Northern Ireland, but the Ministers of His Majesty’s Government did not care—they declared, “It must be done, and done swiftly”. This also happened with legislation for same-sex marriage and the Irish language. In spite of opposition, the Government ploughed full steam ahead. Of course, these were at the behest of Sinn Féin; we know that, over the years, successive Governments have removed every obstacle to appease the party that was in league with the boys with the guns. Even though all of these had implications for creating a deeper hole in Stormont’s finances, time was of the essence, and where the finances would come from did not really matter. It was not worthy of consideration—just do them and let the budget pay for them, even to the detriment of other essential services.

In recent times, successive Secretaries of State for Northern Ireland have been happy to dip in and out of matters that were within the full competence of the Northern Ireland Assembly, but on an occasion requiring urgent action to alleviate suffering and anxiety within the community, they washed their hands in a Pilate fashion. The same applies to the appeal to have Dáithi’s law implemented. I trust that the Minister will tell his colleagues that, in light of the fact that the Assembly will not be functioning any time soon, action on important issues facing the community should be acted on and the necessary legislation should be brought forward to make a difference to the everyday lives of the people of Northern Ireland.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Lord McCrea of Magherafelt and Cookstown Excerpts

Committee stage
Tuesday 31st January 2023 Lords Chamber

[Lord Eames (CB)]

My Lords, the amendment of the noble Lord, Lord Browne, gives us the opportunity to do two things at this stage of our work: first, to pay tribute to the Minister for the way in which he has listened, constantly, to the many voices clamouring at our doors over this Bill; and, secondly, to be reminded that there are two key words to this legislation. One is “legacy”—and my goodness, we have said enough in this Chamber already to have analysed legacy—and the other is “reconciliation”, and, not for the first time, I am left wondering how His Majesty’s Government intended us to interpret that word.

The noble Lord, Lord Browne, is talking about one of the most sensitive parts of this proposed Bill: the appointment of this commission. I cannot, with my experience of Northern Ireland, imagine any issue that is going to be more productive of comment for and against this legislation than the question of the appointment of this commission. The noble Lord, Lord Dodds, has already reminded us of that significant period of this process. I welcome the opportunity given to the Minister to tell us a little more about what the thinking is about the structure of this commission. It is that point where many of us would have concerns about the involvement of the Secretary of State in this process.

Time and again in my correspondence, the messages I receive constantly underline the fact that victims and survivors are not at the centre of this legislation. This opportunity is given to us again to place on the record the needs of that part of our community. It is not just about those in the security forces or victims of either side in the conflict; it is about the mental instability that has been caused to another generation inheriting the deep thought and the deep suffering of the victims of the Troubles in Northern Ireland.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, the independence of commissioners will be vital to the success of this commission, and I agree that the confidence of the community, who are the victims and survivors, must be at the heart of any body. But how do we interpret “independent”? The truth is that many outside Northern Ireland have little or no concept of what has happened in Northern Ireland over the past 50 years. In fact, it is hard for those who have lived through it to understand it fully. Therefore, the independence question is of great importance.

--- Later in debate ---

[Lord Eames (CB)]

My Lords, apart from all else that has been said, this group of amendments takes the House to the substance of what is causing so much heartache, has united opposition and is destroying hopes of reconciliation back in Northern Ireland. The two words we have all used, “victims” and “survivors”, are very easy to use. When we really think about it, we are generalising in a way, which is doing immense harm to what those words mean. We are not speaking about some group that we cannot touch, hear or understand. We are talking about men and women who, perhaps two generations on in the same family, are feeling the repercussions of what we continue to call—and here is another word—the Troubles. We are talking about the need, somehow, to find a way—if this legislation is to have any use—to do something about the real faces behind “victims” and “survivors”.

I am sitting here listening to so much that has been said, and I am hearing other voices. I am hearing those countless voices I have ministered to over the years as a priest, a bishop and then an archbishop. I have listened to the service families, those who came out of their homes and, most importantly of all, those who, when off duty, came back into their homes in the very areas where they would be in danger. Can noble Lords imagine what that was like—the constancy of anxiety and thinking about the children? One child in particular, when I had performed the burial of her father who had been slaughtered by terrorism, tugged on my robes to draw my attention and looked up at me. As I looked down at this child—I can still see her—she said, “What have you done with Daddy?” That is the sort of human reaction we are talking about this evening. We are not talking about facts—“victims” and “survivors”. We are talking about ordinary, decent people caught up in a situation that I wonder whether we will all ever understand—its causes and consequences.

I have said publicly in this House, twice at least, that I feel so strongly for the position that the Minister is in and why he has tried to do so much to feel the tenor of what we are saying to him about this legislation. I plead with him to go beyond “victims” and “survivors” to the people who are actually asking this House and the other House to treat them as human beings. That is what they are, and they are at the centre of the need in relation to which this legislation is lacking.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, I agree with every word that the noble and right reverend Lord, Lord Eames, said. For 50 years, I ministered to the people. I was not only an elected representative for 14 and a half years in the area of Northern Ireland that was known as the “Killing Fields”—Mid Ulster, Castlederg and that area—but was a pastor. Like the noble and right reverend Lord, I have stood with many families grieving loved ones. Like him, I can still see a boy standing at the side of a street, when everyone around this little child was crying. His father had been murdered. The words he said were, “Why is everybody crying?” He did not realise that they were crying for him, because that father would never lift him again, cuddle him again, touch him again or kiss him again. Unfortunately, that has been replicated over and over again.

Here we are, some 50 years from the commencement of the Troubles, talking about the situation. Many people say, “Why don’t you just forget the past? Why don’t families just move on?” A person who says that has no idea of the hurt and grief that many to this day are carrying because their loved one has been murdered and no one has been brought to justice.

Can immunity be regarded as justice? Is an amnesty for those who have committed vile atrocities against their fellow human beings justice? The vast majority of people in Northern Ireland, way back 50 years ago, desired to live in peace with their neighbours. They had no ill will against them; they wanted to live in peace and harmony. But that was all changed by the insurrection of IRA terrorism, which sought to turn neighbour from neighbour. Fear and suspicion were rampant everywhere.

I agreed with the noble Viscount, Lord Brookeborough, when he drew attention to the fact that the persons who pulled the trigger did not act on their own. Information gatherers were in the community, watching the movements of that part-time member of the security forces who was doing his daily work but going out to try to bring peace and stability to the community in which he lived. Many of those watching were his neighbours; they were watching his every movement to be able to report back, until that final occasion when a trigger was pulled or a bomb was set off. So we are left with this legacy. Indeed, the Bill is called the Northern Ireland Troubles (Legacy and Reconciliation) Bill.

Reconciliation is not aided by persons who are guilty of the vilest crimes getting immunity or being let off. The hope of justice is the last thing that families hold on to. I pay tribute to members of the RUC, the RUCR and the UDR—all those who stood between the communities over many years. They were vilified by so many people; the propaganda machines of the IRA were condemning them, while of course the bombs were tearing their families and communities asunder. We must never forget the sacrifice that many of these people made.

I pay tribute to the young soldiers who came to Northern Ireland. Many of them did not know the roads they were patrolling. They did not know the community. They were there only to do a job: to try to bring peace and stability to Northern Ireland.

While I realise that time is limited, I will make one point. I have heard a lot of people saying that the whole Northern Ireland community is against this Bill. I can accept that—partially—but I will not accept the total hypocrisy of Sinn Féin in this situation. Make no mistake about it: Sinn Féin members are quite happy for legislation to pass so that their terrorist colleagues will escape justice—very happy. The only reason they come out with their words of condemnation of this is that they have a hatred of members of the security forces, the young soldier lads who patrolled the streets of Northern Ireland.

Northern Ireland (Executive Formation etc) Bill

Lord McCrea of Magherafelt and Cookstown Excerpts

2nd reading
Monday 5th December 2022 Lords Chamber

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, I commence by giving a very warm welcome to my noble friend Lord Weir of Ballyholme. I also congratulate him on his excellent speech. I have no doubt whatever that this House will hear a lot more from my noble friend and that we will witness his forensic examination of legislation, so Ministers may not always be so pleased with what he has to say concerning legislation that comes before your Lordships’ House.

I acknowledge that the Secretary of State has been mandated by legislation to bring forth the Bill. Like many others in your Lordships’ House, I do not wish to be in a position where such a Bill is required. In the other place, my DUP colleagues made it abundantly clear that our party desires to see a functioning Executive dealing with the matters that affect the lives of the people of Northern Ireland.

The Secretary of State said at the introduction of the Bill in the other place:

“I believe strongly that the people of Northern Ireland deserve a functioning … Executive, where locally elected representatives can address issues that matter most to those who elect them.”


However, I remind noble Lords that if anyone thinks that a restored Stormont would somehow have a magic wand to wave at and solve the crisis facing the people of Northern Ireland, including their cost of living problems, they had better wake up and smell the coffee. In reality, we need to remember that the hospital waiting lists that have been extending down the years did so when the Assembly was functioning. The lack of houses being built in Northern Ireland was also happening when the Executive were there. The idea that somehow the answer to all the ills of the people of Northern Ireland is the restoration of the Assembly certainly needs to face reality.

I also remind your Lordships that we should not be deluded because the Assembly can address only some of the issues that matter to the electorate. The Government, aided and abetted by this House, and because of a grubby deal that was done with Sinn Féin, took powers that were granted to the Northern Ireland Assembly to legislate on the most sensitive issue, namely the right to life of the unborn child, out of the Assembly’s hands, as they did on the legislation concerning the Irish language. Practically with the stroke of a pen and in defiance of the wishes of the electorate, the devolutionary powers granted to Stormont were pushed to the side. They tagged the most liberal abortion rights on to a Bill that had absolutely nothing to do with the issue.

Northern Ireland has been without an Executive or functioning Assembly at Stormont not because of the unwillingness of any Assembly Member to deal with the many serious, complex or critical issues facing the community in Northern Ireland at this most challenging time but because of the intransigence of the European Union to resolve the Northern Ireland protocol, which strikes at the very heart of who the people of Northern Ireland are. As British citizens, we have the right to be a full and equal part of the United Kingdom and to enjoy the equal privileges of being so. That, in reality, has been denied to us through the protocol.

Before the election, no one in Northern Ireland was under any illusion as to where the Democratic Unionist Party stood on the Northern Ireland protocol and what steps the party would take if our candidates were successful in that election. Our leader sat in countless TV studios and did numerous radio interviews, backed up by media articles, to make our position clear. We produced an election manifesto stating clearly that the DUP would not nominate Ministers to an Executive until decisive action was taken to clearly address the grave difficulties created by the Northern Ireland protocol.

There was no ambiguity on the part of the Democratic Unionist Party. Those who want to criticise the party for fulfilling its election manifesto can do so and continue to do so. However, it will not change the principled stand the party decided on and brought before the electorate. When it stood on that manifesto, it meant it. It asked the people to give it a clear mandate. Let me make it abundantly clear that the DUP will not be driven, cajoled or whipped into breaking faith with its electorate.

The Government and European Union are aware that, until they effectively deal with the underlying issue of the Northern Ireland protocol, there will be no going back to Stormont. The Northern Ireland protocol is a clear and brutal breach of the Belfast and St Andrews agreements. In the other place Mr Julian Smith, the MP for Skipton and Ripon, said:

“I realise this is a debate about Executive formation, but Executive formation in Northern Ireland comes from protocol renegotiation, and protocol renegotiation comes from the EU having some amnesia about its views on the Conservative party position on Brexit and moving forward in the best interests of the citizens of Northern Ireland.”—[Official Report, Commons, 29/11/22; cols. 818-34.]


Every day, the protocol does harm to Northern Ireland’s position and place within the United Kingdom. That may not mean much to many, but thousands of people have died and are left with life-threatening injuries because of the democratic will of the people of Northern Ireland to cherish their British heritage and not yield to the bloodthirsty IRA terrorists who roamed our streets for over 30 years. Even the authors of the Belfast agreement have been betrayed by the Northern Ireland protocol. The late Lord Trimble stated:

“Make no mistake about it, the protocol does not safeguard the Good Friday Agreement. It demolishes its central premise by removing the assurance that democratic consent is needed to make any change to the status of Northern Ireland”.


The New Decade, New Approach document committed the United Kingdom Government to restoring Northern Ireland’s place in the United Kingdom’s internal market. That meant that there should not be regulatory barriers to trade on the movement of goods that travel between Great Britain and Northern Ireland and remain in the United Kingdom. Article 6 of the Act of Union gives the people of Northern Ireland the right to trade freely with the rest of this United Kingdom. That is being denied to the people of Northern Ireland today. Although that commitment was made in 2020, we will soon, God willing, be in 2023, and that commitment has not been delivered on.

Like my colleagues, I welcome the publication of the Northern Ireland Protocol Bill, but where is the urgency in getting it on the statute book? Indeed, many in your Lordships’ House want to park it, rather than swiftly process it. I state categorically: do that if you will, but engaging in such action only ensures that the 25th anniversary of the Belfast agreement will come and go without a functioning Executive.

It is also appropriate to state that, if the United Kingdom Government and the EU think that they can cobble together a makeshift agreement that does not meet the seven tests set down by the unionist community in the Province, they are sadly mistaken and their scheme will abysmally fail. The people of Northern Ireland were used as pawns in the trade-off between our Government and the EU in the Brexit negotiations, and that wrong must be put right. This Conservative and Unionist Government cannot be permitted to sell out the fundamental building blocks of this historic union to placate, appease or please the European Union.

Proposing this legislation, the Secretary of State said that it was a stopgap Bill—but how long the gap is will be determined by the actions, not the words, of our Government and the European Union. He also stated that he intends to act rapidly to amend Assembly Members’ salaries, yet he does not seem to have the same urgency when it comes to getting the promised £400 energy payments or the £200 heating oil payments into the hands of the people of Northern Ireland—why is that? It was promised that the £400 would be received before the Christmas period, but it is now evident that the delaying of these payments is linked to the use of political leverage. No one should use fuel poverty payments as a political pawn. In the midst of the rising cost of living, the Government’s failure to deliver the payments received by the rest of the citizens of the United Kingdom demands an urgent investigation.

The Secretary of State is exercised by the deep financial hole he has found in Stormont’s finances, under the stewardship of a Sinn Féin Finance Minister, and is threatening that measures must be taken to fill it. Yet, at the same time, he is pressing full steam ahead with providing whatever finances are necessary for abortion—but none for cancer treatment or other major health issues. We can certainly see where the priorities lie.

I see that the Bill also grants civil servants powers to make key public appointments. Could the Minister assure me that it would be possible to ensure that the unionist community will have its fair share of those appointments, rather than appointees being only from the nationalist, republican or Alliance groupings? Over recent years, we have witnessed that few from the Protestant community have received major appointments or chief executive positions throughout Northern Ireland, whether in private or in public bodies. Fair employment legislation seems to work for only one community, and that can no longer be overlooked.

In conclusion, I have stated that my party wants to see devolution work, but it must be on the basis of equality for all. Political stability will proceed only when there is consent across the political divide. The genuine demands of unionists can no longer be swept aside at the whim of any Government, and to move forward means respect for the integrity of the United Kingdom and Northern Ireland’s place within it.