Northern Ireland (Executive Formation and Exercise of Functions) Bill — House of Lords, 2018-10-30
Topic: Mixed Topics
Andrew Adonis (Labour, Centre-left): My Lords, it is a great privilege to follow the noble Lord, Lord Trimble. Given the success he brought to the office when he was First Minister of Northern Ireland, can I suggest that his son is immediately given a hereditary peerage so he can participate in these debates? This might enable him in quick succession to become First Minister of Northern Ireland I feel, as with some other noble Lords, like an interloper in this debate, particularly sandwiched as I am in the batting order between the noble Lord, Lord Trimble, and the noble Lord, Lord Alderdice, both of whom played an extremely important role in the operation of the devolved institutions. However, the reason why I and others are speaking—and we do so without any hesitation—is precisely because there are no devolved institutions in Northern Ireland at the moment. We take a view, which we have a duty to take, that after two years where there has been no Assembly and no Government in Northern Ireland, we in Westminster have a duty to take an interest, including, I would say to the noble Lord, Lord Alton, in fundamental rights in Northern Ireland The point which is essential to grasp here—and it is also my comment on the speech of the noble Lord, Lord Morrow—is that if Northern Ireland wishes to exercise the prerogatives of devolution, it must operate devolved institutions. It is unacceptable for those of us in Westminster, who are ultimately responsible for the welfare of people in Northern Ireland, to be told that we should respect a devolution settlement which the political parties in Northern Ireland will not respect themselves. That is an unsustainable position I believe that is against our fundamental duties as Members of this House and the other place, and there can only be a short period of time for which we can tolerate it any longer. This Bill says until the end of next March—that is nearly three years in which the people of Northern Ireland will not have had an Assembly or a Government. Could the people of England tolerate for one moment the idea that this House would not be sitting for three years? I made a bit of a fuss before the summer at the idea we were not sitting for 10 weeks. The idea we would not sit for three years—that the other place would not sit for three years too—and would devolve to civil servants the task of running the country is utterly unthinkable, and that is the context in which we are dealing with these issues in Northern Ireland I say to the noble Lords, Lord Morrow and Lord Alton, if they think that the devolved institutions of Northern Ireland are required to protect fundamental rights, then those institutions must sit and legislate. If they do not sit and legislate, then we have a duty to legislate in their place, because there is no one else who can do it. We cannot tolerate a situation where there is no Government or legislature for Northern Ireland. If the only legislature available is this one, then we have a fundamental duty in that respect. The noble and learned Lord, Lord Mackay, who is not in his place at the moment, said that we have to respect the devolution settlement and we do not have a right to legislate. I really do hesitate to take on a former Lord Chancellor, but my understanding of the constitution of this kingdom is that if this Parliament chooses, in its wisdom, to legislate, its law is supreme. Indeed, it has to be supreme because there is no other supreme body in this kingdom If we continue in this situation where the political parties in Northern Ireland—despite the strong advice being given by many of their wisest leaders in your Lordships’ House this afternoon—take the view that they are not prepared to operate those institutions, there must come a point, probably not far distant from now, where some form of direct rule will need to be instituted. The alternative to that is no legislature and no Government in Northern Ireland, which puts an intolerable pressure on civil servants, who cannot be expected to have to take these decisions without a proper, democratic set of institutions.