Identity and Language (Northern Ireland) Bill [Lords] Debate

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Department: Northern Ireland Office
Chris Heaton-Harris Portrait Chris Heaton-Harris
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The former leader of the hon. Gentleman’s party, Dame Arlene Foster, recognised in January 2020 that this is a “fair and balanced” package that has been agreed by all parties. I completely understand the hon. Gentleman’s point, but I am delivering on the agreement, as the Government promised.

Gavin Robinson Portrait Gavin Robinson (Belfast East) (DUP)
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I am listening intently to the Secretary of State, and he is right to quote the former First Minister but wrong to associate this Bill with what was agreed in January 2020. In this Second Reading debate, I hope he will listen with an open mind to the concerns that my colleagues and I will raise about the Bill’s departure from what was agreed.

Chris Heaton-Harris Portrait Chris Heaton-Harris
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I am always happy to listen to the hon. Gentleman’s contributions in this House.

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Gavin Robinson Portrait Gavin Robinson (Belfast East) (DUP)
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I had not intended to speak until perhaps the very end, so I am grateful to be called so early. I am delighted to follow in the footsteps of my hon. Friend the Member for Upper Bann (Carla Lockhart). She very clearly and very fairly outlined some of the serious concerns that we have raised and will continue to raise, and which show the dangerous departure that the Government have adopted from what was agreed in NDNA.

There was an old television advert for Harp lager starring Colin Murphy, a comedian in Belfast. The question he posed in it was, “Is your glass half empty? Is your glass half full? Or more importantly, what’s in the glass?” It is through that prism that I shall approach my contribution this afternoon.

It is incredibly easy to be caught by arguments of the past around the Irish language and continue to stand in its way; and our most recent history will show what impact that had on good government in Northern Ireland, on progress in Northern Ireland and on showing respect for one another. I do not want to repeat that process; I am incredibly comfortable with what was agreed in NDNA.

The lengths and efforts that went into that negotiation were not only important in the wider context of social cohesion in Northern Ireland; they were important for our political progress at that time. Should somebody have an interest in the Irish language, which I do not, should somebody want to engage in a language that is of no interest to me, that is entirely a matter for them. If they want to take it further and build on the support that is there under the Belfast agreement for the Irish language and for Ulster Scots tradition—the Government support that is there, encouraging people to explore and build upon a flourishing language—that is entirely a matter for them. If they want to engage with Government Departments, if they want to write to a Government body and get a response, that is not something that will ordinarily trouble me; that is not something that I will be overly exercised by, and that is not something that I think we should be overly concerned about.

I think of the political aspirations that were outlined for year upon year, and government denied in Northern Ireland for these quests—they were not achieved in NDNA. In fact, Conradh na Gaeilge, one of the organisations that championed the cause of what it described as a “stand-alone Irish language Act” summarily failed, and Sinn Féin summarily failed in its negotiations at the time of NDNA. It wanted a stand-alone Irish language Act, but did not get it. It is not in New Decade, New Approach, and it is not in the Bill. It wanted a commissioner with unfettered powers; it did not get it. It was not agreed in NDNA, and it is not in the Bill. It wanted an imposition on what would otherwise be equality legislation in Northern Ireland to provide for quotas in employment; it did not get it. It was not achieved: it is not there in NDNA, and it is not in the Bill. It wanted the Irish language imposed on me, on my neighbours and constituents, and residents throughout Northern Ireland through road signs and everything else, but it did not get it. It was not negotiated in NDNA, it was not agreed in NDNA, and it is not in the Bill. From that perspective, I can take some comfort from what was agreed.

That is before we add in the counterbalances and the support for Ulster Scots and, for the first time, Ulster British. Why is it, if we look through the prism of a glass half full, that Unionists do not stand back and say, “For the first time, rather than being faced with having our culture and identity stripped out of buildings, civically or otherwise, throughout Northern Ireland, this is a legislative vehicle to enhance the Unionist and Ulster British tradition in Northern Ireland?” That is something that I support and welcome; it was secured through the NDNA negotiations, and through the provision of the commissioner for identity and the Ulster British commissioner. Those are good things. The provision of, and the agreement to provide for, the Castlereagh Foundation—providing Government-supported academic rigour to the case for the Union for the first time—is a great thing. It is something in the Bill that I welcome, and something that it was important for us to get agreement on at the time of NDNA.

But then, we get to the last part of the prism that I started with: what is in the glass? During the three years when there was no Government in Northern Ireland, I was incredibly frustrated by this faux argument about whether there was a stand-alone Irish language Act or not. It was totally irrelevant. The question is not, “Is it one chapter of a bigger book, or is it a book itself?” but “What does it say? What does it do?” However, that debate rarely featured in Northern Ireland society during those three years. Yes, the Scots have Scots legislation and the Welsh have Welsh legislation, so why can the Irish not have Irish legislation? That is a fair enough question, but the Scots legislation is not the same as the Welsh legislation, and neither is the same as the provisions in this Bill. They are different.

So, what is in the glass? What does it do? The fundamental error that Members will hear about from me and all of my colleagues this afternoon is that the Government have taken what was agreed through negotiation between parties in Northern Ireland, corralled, encouraged and spearheaded by the right hon. Member for Skipton and Ripon (Julian Smith), and decided to deliver in a one-handed fashion through this Bill aspirations that were not agreed at the time of NDNA. That is a fundamental disaster.

Within the Office of Identity, as the former Secretary of State will recall, it was important that no commissioner could proceed with their agenda for the year, their budget-setting process, or what they intended to do in their annual reports without the consent of the Office of the First Minister and Deputy First Minister—the Executive Office. For the Secretary of State to assume the power to do whatever he wants anyway, not just in the absence of a Northern Ireland Executive but even in the presence of one, is an incredibly foolish approach to Northern Ireland politics. When we have an agreement that has been painstakingly thrashed out for years, whether it was officials in the Northern Ireland Office or former Ministers who thought it was a good idea to assume that power themselves through this Bill, it was a fool’s errand. That point will be discussed in Committee.

Stephen Farry Portrait Stephen Farry
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Given the argument that the hon. Member is making, would he explain why it was that over a two-year period when the Assembly and Executive were functioning, no effort was made to bring forward legislation within the Northern Ireland Assembly at a time when all those issues could have been addressed in the correct forum, rather than them defaulting to Westminster?

Gavin Robinson Portrait Gavin Robinson
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Coronavirus. I am not sure whether the hon. Member was aware, but there was a pandemic in our country and around the world, and normal government was set aside in the interests of public health and public safety.

The Bill even envisages a situation—I think it is one of the subsections of clause 6—where an issue has been raised with an Executive Minister and brought to the Executive, but agreement has not been found. Sorry? Leaving aside our own personal political aspirations for this or any other Bill, where the Executive collectively decide not to do something but the Secretary of State, at the request of a one-sided aspiration, can decide to supersede them, what is the point in devolution? The presentation of the Secretary of State’s powers in the Bill makes it incredibly difficult for somebody who can stand here and openly and honestly say that he thinks the agreement two years ago was worthwhile, and should have been reached. It is causing support to crumble, because what was agreed is being set aside for things that could not, and would not, have been negotiated or agreed at the time.

Sammy Wilson Portrait Sammy Wilson
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Does my hon. Friend also accept that the Secretary of State then brings himself into the quagmire of disagreement in the Executive, and will increasingly find himself—as has happened on a number of occasions when legislation has come to Westminster—put under pressure by one particular political party, with all the threats of “If you do not act in the way that you are enabled to act and we want you to act, there will be consequences”?

Gavin Robinson Portrait Gavin Robinson
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It is the antithesis of democracy; it has applied to a couple of other issues over the last number of years, and here we see it again. The Secretary of State and his colleague the junior Minister, the hon. Member for Wycombe (Mr Baker), will today—as they did yesterday and will do tomorrow—implore that devolution be restored in Northern Ireland. That is a laudable idea, and I would like to see it, but the Minister cannot stand up today with a straight face and say, “I would love to see devolution restored so that we can get on with these issues, even though I am proposing through this Bill provisions that would mean that when you do not do what we like, we will do it for you anyway.” That is not the way in which we should proceed.

Steve Baker Portrait Mr Steve Baker (Wycombe) (Con)
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I will deal with that point more fully later on, but I put on record on behalf of the Government that we have absolutely no intention whatsoever of behaving in that way, as is the long-standing position of the Government. We have no intention whatsoever of leaping in to use powers; they are all for the last resort, as I think the hon. Gentleman knows.

Gavin Robinson Portrait Gavin Robinson
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If there was—and I cannot doubt the veracity of what the Minister says about the intention the Government may have—there is absolutely no need for the power in circumstances where the Executive is functioning. There is no need for the power in circumstances where the Ministers who are responsible for these issues are in office. If what he says is genuine, that should be an amendment that I trust he will engage with fully.

Sammy Wilson Portrait Sammy Wilson
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Would my hon. Friend accept that, while it may not be the intention—and we accept the word of the Minister in his intervention—the reality is that once the power is in this Bill, there will be pressure, when somebody does not get their way, to go to the Secretary of State and demand that he or she exercises those powers, and if they do not then there could well be consequences? That is the whole point: put the power in the Bill and someone will expect it to be used.

Gavin Robinson Portrait Gavin Robinson
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Now, and if not now, probably more purposefully in the future when circumstances change, personnel change and Government change. It is a road down which this Government should not have trod.

I started by indicating what I believe was right in the NDNA. I am culminating, having canvassed on the issues where I think the Government have erred in the presentation of the Bill, and it cannot have our support if it remains in this state. The Government have got themselves in a position where, having engaged with parties across the spectrum and with various aspirations, that is now crumbling, and I think that is hugely regrettable. I do not want that to be the end to this process, so I do hope that after Second Reading there will be a willingness to engage in a way that there has not been over the past four, five or six months, when officials and Ministers have ignored, baulked at or just fundamentally disagreed on what they think the Bill means and what we believe it means. We cannot proceed on that basis.

In asking whether the glass is half full or half empty, and highlighting the question of what is in the glass, I want to be in a position where we can raise a glass to the provisions in this Bill. It is the same position I was in when I stood in this Chamber, worked on and brought through—having brought in a private Member’s Bill myself—the provision about the statutory duty for the armed forces covenant. I brought that forward myself, we got it into the NDNA and it was delivered by this Government. Similarly, other provisions were secured in the NDNA, and we want to see them delivered. So I hope that we will be in a position where we can raise a glass, with a fully functioning Executive, to the progress that has been made. However, given the way the Government have brought forward this Bill and are advancing the aims of it, I am sorry to say that I do not see that happening any time soon.

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Carla Lockhart Portrait Carla Lockhart
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Will the hon. Member give way?

Gavin Robinson Portrait Gavin Robinson
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Will the hon. Member give way?

Stephen Farry Portrait Stephen Farry
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I will give way to the hon. Member for Belfast East first.

Gavin Robinson Portrait Gavin Robinson
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I understand that my hon. Friend the Member for Upper Bann (Carla Lockhart) might like to intervene. She was not demeaning or dismissing anybody who has campaigned for Irish. In fact, many of the campaigners who have campaigned for Irish language provision will equally acknowledge that their aspirations have been dampened and harmed by the irresponsible and politically naive approach of those who have indeed weaponised the Irish language.

Stephen Farry Portrait Stephen Farry
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The comments that were made are on the record and people can see them. However, we are in danger of getting ourselves into difficulty if we over-focus on the particular points that have been made by some republican activists about the Irish language. That is not where the vast majority of people are. I note that the hon. Lady did not give way during her comments, but nevertheless, I am happy to.