Northern Ireland (Executive Formation and Exercise of Functions) Bill

Lord Browne of Belmont Excerpts

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

[Lord Browne of Belmont (DUP)]

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

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

[Baroness Barker]

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

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

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

Good Friday Agreement: Impact of Brexit

Lord Browne of Belmont Excerpts

Thursday 11th October 2018 Lords Chamber

[Lord Browne of Belmont (DUP)]

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

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

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

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

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

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

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

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

Northern Ireland: Legacy of the Troubles

Lord Browne of Belmont Excerpts

Wednesday 5th September 2018 Lords Chamber

[Lord Browne of Belmont (DUP)]

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

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

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

Northern Ireland Budget (No. 2) Bill

Lord Browne of Belmont Excerpts

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

[Lord Browne of Belmont (DUP)]

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

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

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

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

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

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

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

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

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

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

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

Northern Ireland: Devolved Institutions

Lord Browne of Belmont Excerpts

Wednesday 23rd May 2018 Lords Chamber

[Lord Duncan of Springbank]

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

[Lord Browne of Belmont (DUP)]

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

[Lord Duncan of Springbank]

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

Northern Ireland (Regional Rates and Energy) Bill

Lord Browne of Belmont Excerpts

2nd reading (Hansard): House of Lords & 3rd reading (Hansard): House of Lords & Committee: 1st sitting (Hansard): House of Lords
Tuesday 27th March 2018 Lords Chamber

[Lord Browne of Belmont (DUP)]

My Lords, I join other noble Lords in strongly supporting the three Bills before us today. I fully appreciate that their fast-tracking is unavoidable in the present circumstances, as there has been 15 months of absence from the Northern Ireland Assembly Chamber.

As regards the Northern Ireland Budget (Anticipation and Adjustments) Bill, the Government’s timely intervention has provided much-needed certainty for the Northern Ireland departments. The Secretary of State has already set the departmental spending limits and provided us with a budget statement. Last year’s expenditure will now be authorised in this technical Bill and the departments will be granted the legal authority to spend, since 45% of the budget is allocated in this Bill.

Your Lordships’ House recently agreed the Northern Ireland budget, which provided a significant boost to future resource spending on frontline health and education as well as an increase in infrastructure spending across Northern Ireland. A significant part of this spending, which will benefit both communities in Northern Ireland, was made possible by the confidence and supply arrangements agreed with the Democratic Unionist Party. I am certain that noble Lords will agree that this will provide welcome relief from pressures on the front line.

On the Northern Ireland (Regional Rates and Energy) Bill, although the increase in the regional rate is slightly above the rate of consumer price inflation, it is considerably less than the figure of 10% above inflation recommended in the options paper drawn up by the Northern Ireland Civil Service. As regards the business rate, the increase has been kept in line with inflation, and the small business rates relief scheme has been retained for the time being. Can the Minister indicate whether this scheme will be continued after the present scheme comes to an end later in the year? On the subject of the renewable heat incentive scheme, I welcome the retention of the cap on costs, which should prevent any future overspend.

Moving on to the Northern Ireland Assembly Members (Pay) Bill, I support the Secretary of State’s decision to take the power to vary MLAs’ pay and allowances. The Government are also correct to say that they will take the appropriate steps to stop the £500 MLA salary increase due in April. Again, this must be welcomed as a sensible move. I believe that the court of public opinion will be on the Government’s side here. I also welcome the decision to seek representations on this subject and to take full account of the independent report published recently.

Given the unfortunate continued absence of decision-makers at a local level, I am pleased that the Government have now acted to provide some much-needed clarity. Nevertheless, the restoration of a sustainable and fully functioning local Government for all the people of Northern Ireland must remain our focus. To the vast majority, it would be much more desirable for work to be able to continue across government with locally elected Ministers, who know what decisions will work and what decisions will not work in a local context. I would prefer that Bills such as those we are discussing today were laid before the Stormont Assembly in Belfast by a locally accountable Minister. Regrettably, instead of a sensible and balanced approach and a coherent way forward, the party that collapsed the devolved institutions 15 months ago set out a list of absolute preconditions, thereby prioritising the fulfilment of certain demands over governing in the interests of all the people.

However, the people of Northern Ireland still need key decisions to be made on education, health and public services. Although the legislation discussed today is welcome, it is vital to remember that during the past 15 months many key decisions have had to be postponed. In the absence of a functioning Assembly, will the Government be prepared to give permanent secretaries the power, or, in the last resort, to have Ministers provide guidance, direction and authority, and to make specific decisions on how the money allocated is to be spent? The current situation is not sustainable in the long term. There are examples—such as a number of decisions that will be made within the Department of Health and the Department for the Economy—that will require ministerial direction. These decisions are about allocation and prioritisation.

Since the breakdown of the Stormont talks there have been too many negative statements about the possibility of restoring devolved government in Northern Ireland. It is important that all parties return to the negotiating table as soon as possible, preferably without setting any preconditions. I am sure that the Secretary of State will spare no effort in trying to achieve this outcome, and that all noble Lords in this House will give her every possible encouragement and support in this difficult task.

Northern Ireland Finances

Lord Browne of Belmont Excerpts

Tuesday 13th March 2018 Lords Chamber

[Lord Duncan of Springbank]

I thank the noble Lord, Lord Bew, very much for his intervention. I am trying to avoid full-fat anything at the moment and am looking for the semi-skimmed approach as far as I can. The noble Lord made a legitimate and appropriate request. I believe we will be able to furnish him with the appropriate information very soon. It is absolutely essential that the people of Northern Ireland are able to see how the money is crafted and allocated. I would much prefer to be wholly scrutinised by an Executive founded and operating sustainably in Belfast but, in the absence of that, I believe your Lordships’ House also needs to be able to scrutinise this issue adequately. I believe information will imminently be provided that will allow us to do that very thing.

[Lord Browne of Belmont (DUP)]

My Lords, I welcome the budget Statement. It enables the hard-pressed public services in Northern Ireland to continue to operate and gives the Stormont departments certainty for the next financial year. I particularly welcome the £410 million extra new money for Northern Ireland as part of the confidence and supply agreement with the Democratic Unionist Party. It will provide much-needed support for health, education and infrastructure and will benefit all the communities right across the Province.

While I welcome the Secretary of State’s willingness to look at arrangements to provide for local decision-making and scrutiny on a cross-community basis, does the Minister agree that it is vital that the Government intensify their efforts to restore devolved government to Northern Ireland so that decisions can be made by locally elected and locally accountable Ministers?

[Lord Duncan of Springbank]

I thank the noble Lord for his intervention. The £410 million will do good across the communities. I believe that it will be spent wisely and will address a number of the challenges that have been experienced in Northern Ireland, which will be good to see. However, I want to be very clear that we need to be in a situation where these matters are addressed at a local level—not just in terms of the allocation but, more importantly, in terms of scrutiny. There must be full transparency and full confidence in the manner in which this money is constructed and allocated, and spending overseen. We must have great confidence in that; it will go some way to restoring confidence in governance in Northern Ireland, not just in what we are trying to do to bring about a stable and sustainable Executive.

Transparency of Donations and Loans etc. (Northern Ireland Political Parties) Order 2018

Lord Browne of Belmont Excerpts

Tuesday 27th February 2018 Lords Chamber

[Lord Tyler (LD)]

My Lords, I am pleased to support the amendment to the Motion in the name of my noble friend Lady Suttie. However, before I give my detailed reasons for so doing, I want to touch on the role and responsibilities of your Lordships’ House in matters of this sort.

Last night, in concluding the debate on an amendment relating to Europe’s foreign and security policy, my noble friend Lord Wallace of Saltaire made a number of references to the present Foreign Secretary. This was especially relevant, since there had been some very instructive comparisons to previous Conservative Foreign Secretaries, including the noble Lord, Lord Carrington, and Douglas Hurd and Geoffrey Howe, as they then were. There was an especially trenchant speech along these lines by the noble Viscount, Lord Hailsham, himself a former Foreign Office Minister, to which the noble Baroness answering for the Government failed completely to reply—perhaps because his case was unanswerable. At that point, the noble Earl, Lord Howe, intervened to say:

“I think it is against the rules and the spirit of this Chamber to criticise a Member of another place by name. I hope that the noble Lord will see fit to moderate his comments accordingly”.—[Official Report, 26/2/18; col. 508.]


Like many others in the Chamber, at that moment I was so stunned by this suggested new rule that I did not have time to consult the Companion, although I did have my copy with me. However, I have since read it very carefully and I simply do not understand what the noble Earl was saying. I mentioned to his office that I was going to raise this issue this afternoon because it is relevant to all the business of your Lordships’ House. I have checked the Companion today and, frankly, I do not understand what exactly it was that caused such concern to the noble Earl. As my noble friend referred only to the Foreign Secretary by his correct ministerial title—not by his name—I do not understand what the noble Earl was alluding to. This is a key issue for the way in which we do business in this Chamber. If we are not free to criticise a Minister and his or her words in their ministerial capacity, then clearly that restricts and constrains the work of your Lordships’ House. I hope the noble Earl will reconsider that statement. In the meantime, I believe that I am at liberty to criticise the Government—and hence, individual Ministers speaking and acting on their behalf—in relation to this order.

My noble friend Lady Suttie has fully explained the origins and circumstances of the order. At its heart there is a continuing suspicion of serious political money laundering. The basic facts are not in dispute. The DUP received a sum approaching £500,000 from an undisclosed source for its campaign in the 2016 EU referendum. Despite supporting leave while the majority in Northern Ireland supported remain, the DUP chose to spend £425,000 on paying for wraparounds for the Metro newspaper, which does not circulate in Northern Ireland. Exclusively, therefore, that was targeted at electors on this side of the Irish Sea.

I have a few specific questions for the Minister to underline and supplement those that have already been posed by my noble friend Lady Suttie. First, why was the order not brought forward, at the very latest, in the last Parliament? As we have heard, it was anticipated that the transparency provisions could be extended to Northern Ireland at any time after January 2014 under the 2014 Act. This was the firm intention of the then Alliance MP, Naomi Long, at that time. Why the delay?

Secondly, was it a coincidence that the ministerial decision to restrict the retrospectivity to carefully avoid any reference to the transaction to which I have just referred came just a few days after the Government had to pay a price for DUP support in the Commons having lost its majority in the summer of 2017? What representations did the DUP make about timing? Was that part of the deal? Having accepted the retrospective application of this order, albeit by only a few days, surely the Secretary of State should at least have been prepared to explain why that retrospectivity could not have been extended that bit further on the lines that my noble friend has said. His letter to MPs of 6 July 2017 sidesteps that issue.

Was the Secretary of State briefed on the potentially illegal donation involved? Had any checks been undertaken at that stage as to whether it had been made through any intermediary—perhaps by a foreign agent? We now know that the Russians took a considerable interest in the outcome of our referendum. Perhaps it was Russian money being channelled by this means and covered by the particular process that was used. Was the Foreign Office consulted on this potential interference in UK politics? Has it been since?

What detailed analysis and recommendations have any Ministers received from the Electoral Commission on this episode? Has not the Northern Ireland commission head argued for the transparency to go back to 2014? The outgoing head of that commission has stated that:

“The deal on party0 donations and loans must be part of the DUP-Conservative deal. No other explanation”.


“Every party in Northern Ireland understood that the publication of political donations over £7,500 was to be retrospective to Jan 2014”—


as my noble friend has already emphasised.

Meanwhile, have not all the Northern Ireland parties, including the UUP but not the DUP, now confirmed that they would be happy for retrospection to go back to the originally planned date in 2014? The Minister and my noble friend have mentioned the possibility of further action to undertake this reform. When will we see that, because surely there need be no delay? It is a simple matter.

Finally, has the DUP privately informed the Secretary of State or the Electoral Commission who the original donor was? What was the source of that very considerable sum? Are the Secretary of State and the commission both fully satisfied that the donation was legal under the PPER Act 2000?

If any Members of your Lordships’ House doubt the public significance of this order and think that it is just technical, let me read, from the excellent advice provided by our Library, this list of relevant publicity. I will take only a few examples but there are plenty here: the Belfast Telegraph article of March 2017, “End the secrecy over political donations in Northern Ireland”; Julia Paul’s article of June 2017, “Bringing Northern Ireland’s political process in line with the UK”; the BBC News articles, “Political donations: NI Secretary to address transparency issue” and “Donations to Stormont parties to be published”; the Open Democracy articles from October 2017, “The ‘dark money’ that paid for Brexit” and “UK Government set to ignore Northern Ireland parties’ transparency calls”; the Open Democracy article from 19 December 2017, “Why is Theresa May protecting the DUP’s dirty little (Brexit) secret?”—that of course was while the House of Commons committee was looking at this issue; the Belfast Telegraph article on 19 December 2017, “DUP calls for foreign donations to Sinn Fein to be made public”—the DUP seems to be selective in terms of what transparency it supports, although it seems to be okay to demand it of Sinn Fein, which is somewhat ironic in the circumstances when the DUP has defended its own secrecy; and the Guardian article of 19 December, “Labour criticises move to let past donations to DUP stay hidden”.

These are serious concerns and issues that do not touch only on Northern Ireland. As my noble friend Lady Suttie has said, the integrity of our whole democratic system is involved in this issue. It was the subject of some debate in your Lordships’ House, including on my Private Member’s Bill on the issue of money and its power in British politics.

Unsurprisingly, the members of the Delegated Legislation Committee in the other place took this order very seriously indeed, and allowed it through by only nine votes to eight on 19 December last, under government pressure. I suggest that we, too, should take it very seriously indeed and demand answers to these questions from the Government.

[Lord Browne of Belmont (DUP)]

My Lords, I rise to support this order, which I firmly believe will provide a framework of openness and transparency in relation to donations and loans to political parties in Northern Ireland. Given the improved security situation, it is now the right time to bring Northern Ireland legislation in this field into line with that in the rest of the United Kingdom.

As we have heard, the Secretary of State for Northern Ireland sought the views of all the local political parties in January 2017, and there was general support for full transparency. At the time, only one party suggested that the implementation of the new rules should be back dated to January 2014. However, in recent months there has been considerable debate in the other place concerning this date, and the amendment tabled by the noble Baroness, Lady Suttie, supports retrospective implementation backdated to 2014. I acknowledge that this earlier date was referred to in the Northern Ireland (Miscellaneous Provisions) Act 2014, but in my view retrospective legislation is acceptable only in exceptional circumstances. It is simply not fair to reveal the identities of those who made donations on the assumption that the law as it stood at the time would apply.

Several critical comments have been made in the debate concerning the donation which the Democratic Unionist Party received during the 2016 European Union referendum campaign from the Constitutional Research Council. I would simply point out that the donation was declared and the name of the organisation was provided. The uses to which the money was put were fully disclosed to the Electoral Commission, which accepted the bona fides of the council.

I recognise that current UK legislation relating to donations by and to political pressure groups is perhaps inadequate in some respects. I am sure that we are all aware of the recent controversy concerning the large donation to the political pressure group Best for Britain by the Open Society Foundation. However, this is perhaps a matter for consideration by the House at a later date.

In concluding, may I ask the Minister for clarification regarding the treatment of foreign donations to Northern Ireland political parties? As noble Lords will be aware, foreign donations to UK political parties are prohibited under the Political Parties, Elections and Referendums Act 2000, but donations and loans from certain Irish citizens and bodies to Northern Ireland recipients are excluded from these provisions. This order now provides that certain sensitive personal information relating to these persons and bodies will not be published by the Electoral Commission. Will the Minister confirm that all the transparency requirements, including personal identification, that will apply to United Kingdom donors will also apply to Irish donors? I am pleased to support this order.

Northern Ireland: Devolved Government

Lord Browne of Belmont Excerpts

Thursday 22nd February 2018 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords—

[Lord Browne of Belmont (DUP)]

My Lords—

[Baroness Smith of Basildon]

I am happy to give way to hear from the DUP.

[Lord Browne of Belmont]

My Lords, it is clear that in the coming weeks, regrettably, Northern Ireland will not have a functioning Assembly or Executive at a time when decisions will have to be made on the details of managed divergence between trade regulations in the UK and the EU. Can the Minister assure me that, given the absence of local political representation, the Government will arrange for discussions as soon as possible with representatives of the business and farming community in Northern Ireland to ascertain their concerns and, if possible, take steps to address them?

[Lord Duncan of Springbank]

I thank the noble Lord for his comments. I have already put in place meetings with the NFU in Northern Ireland and with various fishing interests. No voice can go unheard at this important time, and we must ensure that those voices ring crystal clear in the decisions which the Government must take.

Northern Ireland Budget Bill

Lord Browne of Belmont Excerpts

2nd reading (Hansard): House of Lords & 3rd reading (Hansard): House of Lords & Committee: 1st sitting (Hansard): House of Lords & Report stage (Hansard): House of Lords
Tuesday 14th November 2017 Lords Chamber

[Lord Browne of Belmont (DUP)]

My Lords, I support this Bill and fully understand why it is necessary for it to be fast-tracked in order to allow public services to be delivered for the financial year ending 31 March 2018.

I also wish to join the noble Lord, Lord Murphy, in condemning the actions of the people who left a viable bomb in Omagh on Remembrance Day, which brought to mind the atrocious attack at the Enniskillen cenotaph some 30 years ago.

Regrettably, Northern Ireland has now been without an effective devolved Government since January of this year. Northern Ireland needs a Government to continue to proceed with the job of delivering health, education, jobs and investment. There has been such good progress in Northern Ireland over the last 10 years since agreement was reached. The devolved institutions were set up and we had the longest uninterrupted period of stable governance in a generation. Much work has been achieved, and it is worth repeating that Northern Ireland has travelled a considerable distance during the last decade.

The Democratic Unionist Party, along with Sinn Fein and other parties, has achieved good progress. Northern Ireland now has the second-highest level of foreign investment in the United Kingdom, and tourism is at an all-time high. It is important that we get devolved government up and running again in partnership with Sinn Fein and other parties in Northern Ireland.

There is therefore, understandably, a great deal of frustration among the general public and an exasperation that we have not reached this point. People want services to work for them in the way that is necessary. They want to see the transformation that needs to take place in key services. People want their elected representatives to deliver for them and, above all else, they want stability restored. To the vast majority it is much more desirable that work could continue across government, with locally elected Ministers who have a better understanding and knowledge of local issues. They know what decisions will work and what decisions will not in a local context. It is in the best interests of Northern Ireland and the United Kingdom as a whole to have a functioning local Assembly and Executive in place.

There is no reason why workable devolution should not be up and running at this time. Members were elected to the Stormont Assembly and they have a mandate to serve. To that end, my party—the Democratic Unionist Party—approached the recent talks process with a clear focus and determination to restore the institutions immediately, with no caveats or absolute preconditions. There was a genuine commitment throughout the process to securing a lasting agreement that would be supported across the whole of Northern Ireland.

There has been no question of any reticence from our perspective about re-forming an Executive. Despite these efforts over many months, regrettably agreement has not yet been reached. I commend Her Majesty’s Government for their conduct and work in the negotiations over a lengthy period. It has been a very difficult time. Indeed, most major political parties here and in Northern Ireland have been prepared to see a Government formed. However, instead of a workable way forward, the party which created the stalemate has put seeking the fulfilment of partisan political demands ahead of governing in the interests of all the people in Northern Ireland.

Given where we are, at a crossroads where one party has a veto over the formation of an Executive, we have now reached the point where practical measures have to be taken to ensure that the Northern Ireland departments do not run out of money, thus making the Northern Ireland Budget necessary. It is the right thing to do in the absence of devolution. The Bill before us is a Northern Ireland Budget drawn up by civil servants who have taken into account the views of the Northern Ireland political parties before the Assembly fell. I welcome the increase in spending on health and education. In particular, I welcome the announcement that the first instalment of the extra money—some £50 million—is coming to Northern Ireland, subject of course to a vote in Parliament, as a result of the confidence and supply agreement. This money will go into the health service and education across all communities, benefiting all the people of Northern Ireland.

Finally, does the Minister agree that, in the absence of local Ministers, a time will have to come when direct-rule Ministers will have to be put in place to administer future Budgets for Northern Ireland? If good government cannot be achieved at Stormont, Her Majesty’s Government are required to act to provide it. The Democratic Unionist Party will continue to engage with the other parties, particularly Sinn Fein, to try to restore devolution to Northern Ireland as soon as possible. I support the Bill.