My Lords, in rising to respond to this short debate, I will echo the noble Lord, Lord McAvoy, in saying that when we have heard from two very
eminent historians, the noble Lord, Lord Bew, and my noble friend Lord Lexden, we should tread very warily—but tread I must.
Amendment 2A relates to a number of clauses in the Bill that deal with the Independent Reporting Commission. As my noble friend Lord Lexden made clear, he raised this issue at Second Reading and I am very grateful to him for giving the House an opportunity to debate it this afternoon. My noble friend has proposed that the reference to “Ireland” in Clause 2(3)(a) should be changed to “Republic of Ireland”. I have known my noble friend for well over 30 years and know that throughout that time his interest in and commitment to Northern Ireland has been constant and steadfast—and his sense of history is unfailing. Having also worked under his tutelage, I can also personally attest to his great attention to important detail.
With regard to my noble friend’s amendment, I can confirm that it has been the practice since 2006 to refer to “Ireland” in international agreements and in UK legislation, and that the references to “Ireland” in the Bill are therefore in line with current drafting practice. Indeed, I think I am right in saying that the legislation that established the IMC in 2003 used the term “Ireland”. So the Government are confident that the 1949 Act does not require the use of the term “Republic of Ireland”.
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As my noble friend Lord Trimble and the noble Lord, Lord McAvoy, made clear, the term “Ireland” is also in line with the provisions of the constitution of Ireland, which provide that in the English language the name of the state is “Ireland”. This is also the name used in the 1998 Belfast agreement and in subsequent agreements with the Irish Government, as the noble Lord, Lord Empey, mentioned. The noble Lord, Lord Dubs, who is not in his place, made this point when he was Northern Ireland Minister in the other place during the passage of the Northern Ireland Act 1998.
It is true that the term “Republic of Ireland” continues to be used in some legislation. This is mostly in the interests of clarity, where it is necessary to avoid any misunderstanding about the place referred to. For example, in the Counter-Terrorism and Security Act 2015, the term “Republic of Ireland” is used to distinguish between Ireland the state and Ireland the island. The Government are of the view that this Bill does not require such a distinction to be made as the meaning is clear. On this basis, I ask my noble friend to withdraw his amendment.