All 3 Viscount Younger of Leckie contributions to the Northern Ireland (Executive Formation etc) Act 2019

Read Bill Ministerial Extracts

Mon 15th Jul 2019
Northern Ireland (Executive Formation) Bill
Lords Chamber

Committee: 1st sitting (Hansard): House of Lords & Committee: 1st sitting (Hansard): House of Lords
Mon 15th Jul 2019
Northern Ireland (Executive Formation) Bill
Lords Chamber

Committee: 1st sitting (Hansard - continued): House of Lords & Committee: 1st sitting (Hansard - continued): House of Lords
Wed 17th Jul 2019
Northern Ireland (Executive Formation) Bill
Lords Chamber

Report stage (Hansard): House of Lords & Report stage (Hansard): House of Lords

Northern Ireland (Executive Formation) Bill Debate

Full Debate: Read Full Debate
Department: Scotland Office

Northern Ireland (Executive Formation) Bill

Viscount Younger of Leckie Excerpts
Committee: 1st sitting (Hansard): House of Lords
Monday 15th July 2019

(4 years, 9 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 190-I(Rev)(a)(Manuscript) Amendment for Committee, supplementary to the revised marshalled list (PDF) - (15 Jul 2019)
Lord Murphy of Torfaen Portrait Lord Murphy of Torfaen
- Hansard - - - Excerpts

There is something which is right about the amendments tabled by the noble Lord, Lord Bruce: the whole of the United Kingdom should have similar regulations regarding transparency of donations and loans. The Committee will be aware that for decades this was virtually impossible in Northern Ireland, because people would be intimidated and worse if their donations to various political parties were made public and they were identified as possible targets. That was an obvious reason why the law in Northern Ireland was not the same as it was in the rest of the United Kingdom. Happily, the world has changed. There should be regulations which are common to all parts of our country.

There is an issue about people who were unaware when they gave donations that their names would be revealed; would they have given them if they had known that? We must take this into account, but we must not allow Northern Ireland to be used as a back-door conduit for donations simply because the law and regulations in Northern Ireland are different from those in the rest of the United Kingdom.

Viscount Younger of Leckie Portrait Viscount Younger of Leckie (Con)
- Hansard - -

My Lords, the noble Lord, Lord Bruce of Bennachie, raises an important matter through Amendment 8, one that I know your Lordships take a keen interest in. As he pointed out, the donations and loans order that came into force last year provided complete transparency for donations and loans made to Northern Ireland parties from July 2017. At that point, we said that we would look again at the regime in due course to see if further changes should be made. Our feet have certainly been kept to the fire. I was very impressed with what has happened in and out of the Chamber, as outlined by the noble Lord.

I can confirm that the Government are happy to report to Parliament on the progress that we have made on the issue of donations made to political parties in Northern Ireland from 2014. The Government have no concerns in accepting the noble Lord’s amendment today, and I am pleased that the noble Lord, Lord Empey, indicates that this is not unreasonable to the people that he has been in touch with. I have also noted the points raised by the noble Lord, Lord Browne of Belmont.

Amendment 22, tabled by the noble Lord, Lord Bruce, would insert a new clause into the Bill compelling regulations to be made on this issue. I know that this is a matter of concern to the Committee, as I have said. We have debated more than once how we might make progress on this complex issue.

During consideration of the transparency of donations and loans order last year, we made it clear that we intend to work with the Electoral Commission and Northern Ireland parties to establish whether further changes are required to the existing regime. However, we have made no commitment to legislate further on this matter. As always, on this issue it is important to move forward on the basis of consensus in Northern Ireland, and we will be consulting the parties. It is not appropriate to commit to making legislation on this issue before consulting the Northern Ireland parties.

We intend to look at the Northern Ireland donations regime as a whole. I realise that these are difficult and sensitive issues and I repeat that we look to move forward with consensus in Northern Ireland. But we cannot accept the noble Lord’s Amendment 22, and I urge him not to move it.

Lord Bruce of Bennachie Portrait Lord Bruce of Bennachie
- Hansard - - - Excerpts

I am grateful to the Minister for accepting Amendment 8, which, as I said, does exactly what it says on the tin: it enables the Government to bring forward reports about the implementation of the regulations back to 2014, and does not prevent the Government introducing regulations at a later date. I understand that the Minister is unwilling to accept Amendment 22 and would like to reserve my position on that, but I welcome his acceptance of Amendment 8, which takes us a step further down the road. We would be much happier if we knew that all the data was going to be published, but we accept that there has to be a process and consultation.

--- Later in debate ---
Lord Murphy of Torfaen Portrait Lord Murphy of Torfaen
- Hansard - - - Excerpts

It would not be for me or anyone else in the House to determine that. It would be a matter for the Ministers responsible for higher education and health to determine. Of course, the noble Lord is right to refer to the medical school at Queen’s University, Belfast. In my home village of Abersychan in south Wales, three of our family doctors were educated at Queen’s, and fine doctors they were too. But of course, Northern Ireland exported them, as it exported other people, and they did not come back. The issue is not whether people should or should not be educated at Queen’s, but whether there should be better higher education provision in the city of Derry, including medical studies. That is a matter for the Assembly and the Executive. As soon as they are up and running, they can make those decisions, but it is not for us to make them; it is for the devolved Administration in Northern Ireland so to do.

Viscount Younger of Leckie Portrait Viscount Younger of Leckie
- Hansard - -

My Lords, the noble Lord, Lord Adonis, has raised important issues and I am grateful to him for doing so. I appreciate having again a short debate with him on higher education matters, here on a very specific issue. I recall from previous debates that the noble Lord has visited Northern Ireland, so it acts as a bit of a link when he raises these matters today.

Higher education, and indeed education services as a whole in Northern Ireland, have been raised in various debates in the House over the past two years. It is clear that education is an important area that needs strategic decisions on future reform. That is vital to ensuring that all children and young people in Northern Ireland have the opportunity to fulfil their full potential. On the issue of establishing a university in Derry, I am aware that the city and the wider north-west has a pool of talent to be nurtured, and I know of the excellent University of Ulster Magee campus in Derry city centre. I am also aware, as I believe are a number of noble Lords, of plans potentially to establish a medical school in Derry, as mentioned today. I am keeping a close eye on the progress of this proposal in the context of delivering the Government’s commitment to a Derry and Strabane city deal. However, while I know that the noble Lord, Lord Adonis, knows this, measures to improve higher education, such as to invest in a new medical school or university anywhere in Northern Ireland, are devolved matters. It is this Government’s fervent hope that Northern Ireland’s political leaders can see their way to agreeing to restore the devolved institutions so that locally accountable leaders can take the strategic policy decisions needed to make progress. The noble Lord, Lord Murphy, has spoken eloquently on these points. Perhaps I may reassure the Committee that the Secretary of State is making every effort to ensure that the ongoing talks process is a success.

The noble Lord, Lord Adonis, made a point about there being not enough university places in Northern Ireland, a point of which I think the Committee has taken full note. I am grateful for the views put forward about the situation on the ground by the noble Lord, Lord Empey, and the noble Baroness, Lady O’Loan. That has been helpful to the Committee. Higher education provision is crucial to ensuring that we have the skills for the future and opportunities for our young people. They should have the choice to study at universities across to UK.

As the noble Lord, Lord Murphy, pointed out, there are two universities in Northern Ireland: Queen’s and Ulster. Ulster University has several campuses, including the Magee campus where a range of courses are offered, including in professions such as law and accountancy. As mentioned, Queen’s University runs a medical school, and discussions on a medical school at Magee are ongoing.

Decisions on places are a matter for the government department in Northern Ireland. As this is a devolved matter, I will not purport to be able to significantly enlighten the Committee on the substance of the important issue that the noble Lord, Lord Adonis, has raised. But in light of its importance—here I am for once on the same side of the fence as the noble Lord, Lord Adonis—I am happy to accept the amendment and to commit to reporting on progress on the issue.

Lord Adonis Portrait Lord Adonis
- Hansard - - - Excerpts

My Lords, that is an extremely constructive response on the part of the Minister, and I welcome it. It is a significant step forward and gives us the opportunity, on the basis of a good, factual account of the situation, to debate the future in autumn in the event that there is not an Assembly and Executive. If there is, that report will no doubt be useful for them too. However, may I just clarify a point of some significance? In the event that there is not an Executive or Assembly in the autumn, under this Bill and the continuation of these powers do the Government have the power to proceed with the establishment of the medical campus in Derry on their own account?

Viscount Younger of Leckie Portrait Viscount Younger of Leckie
- Hansard - -

My understanding is that they do not, but I will write to the noble Lord to clarify that matter.

Lord Adonis Portrait Lord Adonis
- Hansard - - - Excerpts

I would be extremely grateful if the Minister could do that. In the light of the assurance he has given, I do not feel the need to prolong the debate any further. I beg to move.

--- Later in debate ---
Lord Browne of Belmont Portrait Lord Browne of Belmont
- Hansard - - - Excerpts

My Lords, I fully support all that has been said about the problem of gambling in Northern Ireland. Northern Ireland has the highest proportion of problem gamblers. I know of one sad case where this has led to suicide. It also leads to the breaking-up of families and marriages and loss of homes. A report on this matter would be extremely useful, but to be consistent with the arguments already made, I have to say that, at the end of the day, legislation should be reserved for the Northern Ireland Assembly.

Viscount Younger of Leckie Portrait Viscount Younger of Leckie
- Hansard - -

My Lords, the right reverend Prelate the Bishop of Newcastle, on behalf of the right reverend Prelate the Bishop of St Albans, is quite right to raise the outdated gambling laws in Northern Ireland and I thank her for her remarks.

These laws are complex, but in Northern Ireland they have not kept pace with emerging technologies such as electronic and online gambling. Such technologies have made it much easier for people to gamble, including from inside their own homes, thus changing the entire gambling landscape.

The gambling laws in Northern Ireland date back to 1985 and are modelled on a much older Great Britain law which was repealed and replaced by the Gambling Act 2005. A few aspects of the 2005 Act have been extended to Northern Ireland. In particular, if a remote gambling operator does not hold the remote gambling licence from the Gambling Commission that it would need to be permitted to advertise in Great Britain it cannot advertise in Northern Ireland either.

Although the legislation has not kept pace, I am pleased that businesses have in some instances led the way in taking steps in line with the more updated GB regulations and applied them across the whole UK, including in Northern Ireland. For example, GVC, which owns Ladbrokes Coral, has voluntarily reduced fixed-odds betting terminal stakes in all its UK operations from £100 to £2 in line with GB regulations. I understand that other NI bookmakers have committed to this voluntary reduction. Any such actions to improve social responsibility by NI operators is to be welcomed.

As the right reverend Prelate will be aware, gambling is a devolved matter in Northern Ireland. The reform of this legislation should be for a restored Executive and Ministers to consider, informed by the results of that review. I am pleased to say that I am content to accept the amendment and to commit to reporting on progress, but I repeat that this is a devolved matter and thus the depth and detail of such a report will not be something over which I have control.

Lord Bishop of Newcastle Portrait The Lord Bishop of Newcastle
- Hansard - - - Excerpts

My Lords, I thank noble Lords who have spoken in support of this amendment and warmly thank the Minister for his response. I know that the right reverend Prelate the Bishop of St Albans would value a conversation with the Minister to discuss the variations in regulation of the gambling sector in other jurisdictions across the UK.

Northern Ireland (Executive Formation) Bill Debate

Full Debate: Read Full Debate
Department: Scotland Office

Northern Ireland (Executive Formation) Bill

Viscount Younger of Leckie Excerpts
Committee: 1st sitting (Hansard - continued): House of Lords
Monday 15th July 2019

(4 years, 9 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 190-I(Rev)(a)(Manuscript) Amendment for Committee, supplementary to the revised marshalled list (PDF) - (15 Jul 2019)
I want to give you a feeling of some of the more prominent people who have signed this letter to the Prime Minister. All Members of the House of Lords are allowed to sign; everyone else has to be from Northern Ireland. We have the noble Lords, Lord Rana, Lord Maginnis, Lord Empey, Lord Brennan, Lord McCrea, Lord Morrow, Lord Alton, the noble Baroness, Lady Hollins, and the noble and right reverend Lord, Lord Eames. We have MLAs from all parties: Daniel McCrossan, Sinéad Bradley, Patsy McGlone, Justin McNulty, Robbie Butler, Carla Lockhart, Paul Givan, Arlene Foster—leader of the Democratic Unionists —David Hilditch, Peter Weir, Jonathan Buckley, Mervyn Storey, William Irwin, Gordon Lyons, Edwin Poots, Keith Buchanan, Thomas Buchanan, Gary Middleton, Michelle McIlveen, Joanne Bunting, Alex Easton and Maurice Bradley. We are into the MPs now: Sir Jeffrey Donaldson, Nigel Dodds, the honourable Ian Paisley, Gavin Robinson, Paul Girvan, Jim Shannon, Gregory Campbell and Emma Little Pengelly. The lawyers include the reverend Brett Lockhart QC. There are councillors, such as Anne McCloskey, Peter Martin, Robert Adair and Stephanie Quigley. Then there are academics, such as Dr Esmond Birnie, and bishops such as Bishop Treanor, Bishop Farquhar, Bishop McKeown and Bishop Walsh. There are the doctors: Dr Coulter, Dr Hardy and others. I missed the venerable Robert Miller, who is the archdeacon currently running Derry.
Viscount Younger of Leckie Portrait Viscount Younger of Leckie
- Hansard - -

May I just inquire whether the noble Baroness is listing all the names on her list? It would be helpful for the Committee, with the hour that we are at, if the list could be severely shortened.

Baroness O'Loan Portrait Baroness O'Loan
- Hansard - - - Excerpts

The Reverend Norman Hamilton has worked on the interface in north Belfast for 20 years, and hundreds of clergy and ordinary people—doctors, nurses and lawyers—all signed, from all sides of the community. They wanted one thing: to be respected as people and to allowed to make their own law on this amendment. That shows how concerned people are about this matter.

My amendment would not prevent legal change on either abortion or same-sex marriage. It would simply have the effect of restoring some constitutional integrity to Northern Ireland. It requires that there should be a consultation with the people of Northern Ireland, as there would be with any legal change on either issue in Northern Ireland, and most importantly that the views of the currently elected Members of the Northern Ireland Assembly be recorded for or against any regulations and that the regulations should not be laid before Parliament if they do not receive majority support from those Assembly Members. One thing I have not done is to introduce anything resembling a petition of concern, about which I think the noble Baroness, Lady Smith, spoke earlier. The legislation could pass by a simple majority.

One thing I noticed this afternoon was that the unborn child was largely absent from the debate. When mentioned, there was in some quarters a rolling of eyes and expressions of contempt. Yet it has to be said that abortion is about killing babies—real babies. Without Amendment 23, the Northern Ireland (Executive Formation) Bill will go down in British constitutional history as one of its blackest moments of all times, when constitutional due process was completely swept aside because of the conviction of parliamentarians, none of whom represents Northern Ireland, that the end justifies the means. That is never a good place to be. We have heard it said that it does not really matter at all if Northern Ireland’s MPs voted against this, because it is a matter of human rights and if you want to be in the UK you have to accept abortion as a human right. There is no human right to abortion, and I think that is slightly contemptuous of Northern Ireland’s MPs.

The Member for Walthamstow, who introduced new Clause 10 in the Commons, said this morning that this is an attempt by the DUP to hold us all to ransom. At this late hour, I perhaps need to assure noble Lords that I am not a member of the DUP. I am a Cross-Bencher and, as far as I can remember, the noble and right reverend Lord, Lord Eames, is not a member of the DUP either. This is something that a cross-party group of 16,000 people are asking us not to do. This is the truest cross-community co-operation from all sectors of our community, from all sides, all places in our beautiful country. We have agreement that we do not want abortion railroaded through in the Bill. I ask noble Lords to at least grant Northern Ireland MLAs the courtesy, the respect and dignity of their roles as elected members and allow them to present their views on this matter. I ask noble Lords to give the people of Northern Ireland the same respect and provide for consultation. I beg to move.

--- Later in debate ---
Lord Empey Portrait Lord Empey
- Hansard - - - Excerpts

My Lords, the Minister kindly accepted the amendment I proposed on this matter earlier. I fully accept that we were not co-ordinating on it. I support the proposal by the noble Lord, Lord Black. He knows that and we have talked about this before—he has been to Belfast. He has explained exactly what is at stake, in a very coherent contribution. It is a mystery why this progress has been so slow, but that is where we are. I find myself in total agreement with his contribution.

Viscount Younger of Leckie Portrait Viscount Younger of Leckie (Con)
- Hansard - -

My Lords, I have very few remarks to make in response to my noble friend, but I thank him for his long speech. There is no doubt that defamation law in Northern Ireland does not reflect today’s digital age. To echo my noble friend’s words, reform is indeed needed. The issues at stake here hit the very heart of the relationship between citizens, media and the state. It is important to deliver protections in the field of freedom of expression.

My noble friend would like to see progress made to update the Northern Ireland law and I understand that position. There are certainly parts of the Defamation Act 2013 that could usefully be extended to Northern Ireland. However, this Act removed the presumption of trial by jury for libel actions. This may of course shorten and reduce the cost of libel actions.

It is of note that the 2017 Review of Civil and Family Justice in Northern Ireland by Lord Justice Gillen noted the extremely important function of the jury in defamation cases in the context of the Northern Ireland jurisdiction, in particular its role in finding whether the plaintiff has been defamed. As the Gillen review notes, juries in Northern Ireland have been traditionally considered the best fact-finder to judge what words or statements mean in the local context with its unique history, and whether they are considered defamatory in any case. These are matters that involve justice and freedoms, and on which the particular jurisdiction is important. The devolved nature of defamation law in Scotland is reflected in the fact that only a very limited number of provisions in the Defamation Act 2013 have been extended to Scotland, in particular around statements or reports which arise in the scientific or academic field.

Similarly, defamation law is a devolved matter for Northern Ireland; therefore, simply extending the Defamation Act 2013 to Northern Ireland is not appropriate. Further, I understand that, prior to the passage of the Defamation Act, the views of the Northern Ireland Executive were sought as to whether they wished to make a legislative consent Motion to provide for the Act to apply in Northern Ireland, but they declined to do so. Decisions to reform the law should be taken by a restored Northern Ireland Executive. This will allow the unique Northern Ireland context to be taken into account in any reforms. I regret that I am not able to help my noble friend but I respectfully request that he withdraw this amendment.

Lord Black of Brentwood Portrait Lord Black of Brentwood
- Hansard - - - Excerpts

My Lords, I am grateful to the noble Lords who supported this amendment. As the remarks from my noble friend Lord Lexden made clear, this is an issue on which we have been pressing for many years now. I remember well his debate in Grand Committee four years ago, yet no progress has been made. I am grateful to my noble friend the Minister for his comments. Yes, indeed, a legislative consent Motion was declined at the time but no real reason was given for that and none has been given since, which I do not think is satisfactory when we are talking about an area of law of such importance as libel and involving such fundamental human rights as those of freedom of expression. This is an area to which I fear we will have to return. I will take up my noble friend Lord Duncan’s offer to meet to talk about how we might make progress in this area. In the meantime, I beg leave to withdraw the amendment.

Northern Ireland (Executive Formation) Bill Debate

Full Debate: Read Full Debate
Department: Scotland Office

Northern Ireland (Executive Formation) Bill

Viscount Younger of Leckie Excerpts
Report stage (Hansard): House of Lords
Wednesday 17th July 2019

(4 years, 9 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Tunnicliffe Portrait Lord Tunnicliffe (Lab)
- Hansard - - - Excerpts

My Lords, this is an example of the fact that a number of things which would normally be dealt with by the Executive have become sufficiently urgent to be considered. This seems to be a sensible idea—and, as I understand it, the Minister is going to produce appropriate warm words.

Viscount Younger of Leckie Portrait Viscount Younger of Leckie (Con)
- Hansard - -

My Lords, I thank the noble and learned Baroness, Lady Butler-Sloss, for her brief introduction, and other noble Lords for their remarks, particularly the noble Lord, Lord Dubs.

Ensuring that victims of human trafficking receive the support and care they require is an important issue, which this Government take seriously. It is important that the right safeguards and checks are in place to protect this group of people. This is also true in Northern Ireland, where independent guardians must be qualified social workers with at least five years’ post-qualifying experience of working with children and families, as the noble Lord, Lord Dubs, said. Our approach in this space needs to be guided by the principle of ensuring that we do not expose these vulnerable people, or the excellent individuals who care for them, to harm.

As I said in Committee, noble Lords will be aware that these are matters for which responsibility in Northern Ireland has been devolved, therefore falling outside the responsibilities and scope of the Secretary of State for Northern Ireland. In line with the principles of devolution, it is the Government’s view that those Northern Ireland departments charged with responsibility for these matters should be accountable not to Westminster but to the Northern Ireland Assembly. However, the Government acknowledge that if it is the will of Parliament that the Secretary of State should report on these issues, the Northern Ireland Office will engage with relevant Northern Ireland departments to ensure that she is able to do so, as far as possible, in a meaningful way, where information is available. I hope this provides a degree of reassurance for the noble and learned Baroness.

I also wish to advise on the limitations of the Secretary of State’s capacity to report comprehensively on matters of devolved competence, and to emphasise that it may not always be possible to make available the required information. We must approach these issues carefully, and with heightened sensitivity. Releasing information in relation to the number of children supported by an independent guardian could, given the very small number of individuals involved, compromise their identities. Clearly, this is not the intention of this amendment, but it is a risk we must be aware of and mitigate.

We can accept Amendment 4, on the introduction of a requirement to report on the work of independent guardians in Northern Ireland for victims of human trafficking, noting, as I said, the need to approach sensitively. We should not cut across devolved powers but, given the importance of this issue, it is reasonable for the Secretary of State to provide a report to Parliament. However, I ask the noble Lord not to press Amendment 10, on debating the report. I am happy to meet the noble and learned Baroness or the noble Lord to discuss the report when it is published. It would be most unusual for obligations to debate reports to be placed on the Government by primary legislation. As this is a devolved matter, I am happy to facilitate a meeting between the noble and learned Baroness and Northern Ireland’s Department of Health for a detailed discussion of its work in this area, as its staff are the experts in this devolved work. Based on that explanation and commitment, I hope the noble Lord and the noble and learned Baroness will feel unable to put this to a vote.

Baroness Butler-Sloss Portrait Baroness Butler-Sloss
- Hansard - - - Excerpts

I am very grateful to those who have spoken in this short debate, and to the Minister, who I spoke to briefly before we started. I entirely understand the issues he has raised. As I said in opening, I do not intend to divide the House on this issue. I am, however, concerned that a system of child trafficking advocates in this country is working well and will eventually come straight across the country, and the Government are committed to that. Consequently, it would be highly desirable for there to be enough guardians in Northern Ireland for this to be provided for those children who are as vulnerable in Northern Ireland as they are in this country. However, having had assurances, together with the generous offer to discuss this with the Minister and the Minister for Health, which I and the noble Lord, Lord McColl, will be glad to take up, I beg leave to withdraw the amendment.

--- Later in debate ---
Lord Tunnicliffe Portrait Lord Tunnicliffe
- Hansard - - - Excerpts

My Lords, I thank the noble Lord, Lord Empey, for bringing forward these amendments. There seems to be a consensus in the House on the importance of forming an Executive as soon as possible. The noble Lord serves that cause by illustrating the serious issues that have not been processed. We are 100% behind the re-forming of the Executive, and we hope that the people and the politicians of Northern Ireland see the wisdom of that. The amendments are interesting and useful, and I hope that the Government will be saying appropriate warm words.

Viscount Younger of Leckie Portrait Viscount Younger of Leckie
- Hansard - -

My Lords, the noble Lord, Lord Empey, has raised important issues and made some very valid points, and I add my name to those who have expressed their gratitude to him for doing so. My noble friend Lord Duncan has been keen to update the House on progress in establishing the RHI hardship unit, and I am very happy to accept the requirement to publish this report by 21 October or earlier. The reports that the noble Lord requests are on libel and suicide strategy.

I note the points made by the noble Earl, Lord Listowel, and the noble and right Reverend Lord, Lord Eames, and I have taken note of the tragic anecdotes that have been told. The issues of NHS waiting times and welfare mitigations were also raised. All are matters of great importance, as my noble friend Lord Duncan set out in Committee earlier this week, and we fully understand the reason for raising them in this place. We are without a sitting Assembly in Northern Ireland to debate these matters and to consider ways forward that serve all of the people of Northern Ireland.

These are all devolved matters. It is this Government’s fervent hope that Northern Ireland’s political leaders can see their way to agreeing to restore the devolved institutions. We have had some passionate speeches to this effect during this short debate. As these are devolved matters, I do not purport to be able to significantly enlighten the House on the substance of the important issues the noble Lord has raised. But in light of the great value of these amendments, I am happy to accept them today and to commit to one-off reports on the issues specified.

In conclusion, I will answer a question that was raised by the noble Lord, Lord Bruce of Bennachie, on what might happen upon the production of the reports. I say on behalf of the Government that it is our sincere hope that the incoming Ministers in Northern Ireland will draw from these reports to make progress on these important issues. They will be published and will therefore be public documents.

Lord Empey Portrait Lord Empey
- Hansard - - - Excerpts

My Lords, I am extremely grateful to all noble Lords who have participated in this debate, and for the consensus that has emerged. Like many noble Lords, particularly the noble and learned Lord, Lord Mackay of Clashfern, I would be much happier if we were not sitting here debating these matters. Clearly, we have a unique situation: yes, Stormont has been suspended before, but it was replaced by direct rule. This is the first occasion when Stormont has been suspended and has not been replaced by direct rule. Therefore, we have a most unique situation—a Civil Service that is working but which is not accountable to anybody. To use the vernacular, it is bonkers, and the question is how long we can put up with it. However, let us focus on the issues, which are worth looking at on their own merits. Perhaps, as the noble Lord, Lord Bruce of Bennachie, said, they could provide at least a basis upon which policies could be implemented when a suitable Government are established. In that spirit, I commend the amendments on the Marshalled List to your Lordships.

--- Later in debate ---
Lord Empey Portrait Lord Empey
- Hansard - - - Excerpts

My Lords, I follow the contribution from the noble Lord, Lord Dubs, who has frequently drawn attention to similar issues. I have no doubt that, as part of the United Kingdom, if it is a decision of the country to try to help people, it is reasonable that that is spread out as evenly as possible. However, I would draw the attention of the House to the fact that the structures of local government, in particular, in Northern Ireland are radically different. Local authorities have no locus in this at all. There are health and social services boards, a housing executive and housing associations, but their funding would have to come from Stormont. That is the conundrum we are confronted with. It is not that there is any lack of hospitality or willingness to play a part in a UK-wide problem. The structures are radically different, and all the social services and housing issues are funded through Stormont and not through local government. Members have to be aware that that is why there is an issue here.

On housing, as I said earlier with regard to welfare mitigation, part of the problem is that we do not have the appropriate housing units in many cases, so we rely heavily on voluntary organisations, Church organisations and others. However, there has to be funding stream for them to deliver their services and offer help. Members must understand that that is why we have a difficulty. It is not as if we can go to Sheffield or Coventry City Councils, which can provide services; I hope that Members understand that. We have Syrians and other such people coming to our shores from distressing situations. People are happy to rally round them, but getting funding flowing has to happen via Stormont. That is the obstacle in our way. Perhaps the Minister can address that in his response.

Viscount Younger of Leckie Portrait Viscount Younger of Leckie
- Hansard - -

My Lords, the noble Lord, Lord Dubs, has been a consistent champion for child refugees in promoting their interests. I am very grateful to him for his continued commitment to such an important issue, which I know he has discussed with my noble friend Lord Duncan as recently as May. He deserves a reply. It will have to be fairly brief, which I am sure the House will be relieved to hear, but I hope that it is not too brief.

As the noble Lord will know, the UK has contributed significantly to hosting, supporting and protecting the most vulnerable children, including those affected by the migration crisis in Europe. Since the beginning of 2015, the UK has received asylum applications from 12,756 unaccompanied children. In 2018, we received 2,872 such applications—15% of all such claims in the EU. We are the third largest intake country of all the EU member states. I must pay tribute to the vital work of local authorities in looking after these children and providing them with the day-to-day care that is so crucial in enabling them to rebuild their lives.

The Government remain committed to relocating the remaining children up to the specified number of 480 under Section 67 of the Immigration Act 2016. The Home Office continues to work closely with local authorities and strategic migration partnerships across the country. We remain very keen to receive offers of further placements.

As with other amendments, this amendment cuts across devolved matters. The relocation of children is also dependent on the availability of appropriate local authority care placements. I took note of the speech and comments of the noble Lord, Lord Empey, on housing. In Northern Ireland the delivery of most of the required services, such as health, social care and education, is devolved.

The intention behind the proposed new clause is to provide for the allocation to Northern Ireland of children brought to the UK under Section 67. Of course, it is right that the ability to do so should exist; however, such a clause is not required. The regulations that it requires would duplicate existing ones in the Children (Northern Ireland) Order 1995 and the Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018; they are therefore unnecessary. Whether Northern Ireland health and social care trusts accept children under Section 67 of the 2016 Act is very much a matter for Northern Ireland.

In conclusion, this is an important issue and, given that we are talking about children here, it is important that we, working with Northern Ireland, get this right. I would be happy to continue to discuss and explore our approach to unaccompanied asylum-seeking children with the noble Lord, Lord Dubs. For those reasons, I urge him to withdraw his amendment.

Lord Dubs Portrait Lord Dubs
- Hansard - - - Excerpts

My Lords, I am grateful for that reply. I appreciate the contribution made by the noble Lord, Lord Empey. I am aware that this would be done not through local authorities but through the health boards in Northern Ireland; I did not want to go into too much detail about that so that I could be brief. The issue concerns unaccompanied child refugees; it is not about housing but about finding foster parents who are willing to have children placed with them through the health boards. It is therefore a fairly simple proposition at one level.

I just hope that there is some way we can unblock this, because I think we are well short of the 480 that the Government have capped under Section 67. There are children in a terrible situation in northern France and on the Greek islands. I thought that if we could just unblock this a bit and give the Northern Ireland people a chance to say, “We have some foster parents here who are willing to take a couple of child refugees,” we could move forward. That is all I am asking.

On the Minister’s assurance that we are going to take this further by discussion, I beg leave to withdraw the amendment.