Wednesday 18th May 2022

(1 year, 10 months ago)

Lords Chamber
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Lord Carlile of Berriew Portrait Lord Carlile of Berriew (CB)
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My Lords, there came a moment in this debate when I was, frankly, hoping—and so perhaps were others—for a short intermission, when suddenly there broke out a fascinating spat, to use a technical term, between the noble Lord, Lord Lilley, and my noble friend Lord Kerr. Being the intellectual heavyweights that they are, they squared up to one another, face to face for a moment—although I note that, since then, after a long, private conversation, they have gone out, presumably for a reconciliatory cup of tea.

A few minutes before that, we had heard the noble Lord, Lord Frost, being as clear as he ever is. With breathtaking boldness, he rejected the efficacy of a treaty provision that had been negotiated with great care—by the noble Lord, Lord Frost. Indeed, he did so without, it appeared, a grain of apology. Although those three noble Lords are not in their places at the moment, I hope to take your Lordships for a moment to Northern Ireland and the reality of the Good Friday agreement reached on that memorable day, 10 April 1998.

Your Lordships will recall that not only was that agreement reached but it was reached after 30 years of fighting in Northern Ireland—and it was reached between parties who distrusted each other to the core. Two of those parties, the noble Lord, Lord Trimble, and John Hume, from very different parts of the Northern Ireland political spectrum, won the Nobel Peace Prize for their work. Also, following the agreement, there were two referendums on the island of Ireland which supported it. As it happens, shortly afterwards I became the Independent Reviewer of Terrorism Legislation and, in the time since 2001, I have spent quite a lot of time in Northern Ireland, in places such as Stormont, the Bar Library, Queen’s University Belfast and other pleasant places of resort in Belfast, discussing that agreement.

And what do we have? Those people who distrusted one another have tried to trust one another. Belfast is a remarkable, pleasant city now compared with what it was. The restaurants are open, the bars are open—you go to Boots and you find people from all communities working there. As one person said to me, “It’s the real parable of Northern Ireland. Sometimes they marry each other and it’s all over for them”. In truth, the effect of the Good Friday agreement has been to change Northern Ireland and its polity out of all recognition.

In my view, it is absolutely inexcusable, when plainly there are other measures available, and when the Administrations in London, Belfast and Dublin could get together and solve these problems if only they stopped talking as they are to one another. This problem can be resolved, the Good Friday agreement can remain unaffected and an agreement can be reached. It should not be done with a threat to break a treaty. The breaking of that treaty by the United Kingdom—I think that I am with my noble friend Lord Kerr rather than the noble Lord, Lord Lilley, on this—is an unacceptable breach not just of the law but of the law of nations: and what is higher in law than the law of nations?

So, in focusing on this single subject which has real international repercussions, I ask the noble Lord, when he answers this debate—we all hold him in great regard in this House—to confirm that no Government should ever make a treaty that they know at the time of making it that they may be unable to keep, and that no Government should break a treaty made with friends once it has been made, because there is always another way.