My Lords, I rise to support the Bill and thank the Minister for his careful introduction. In particular, I welcome his insistence that the Government, with the Irish Government, remain strongly committed to the 1998 Belfast agreement.
I echo the process point made by the noble Lord, Lord Lexden. I do not criticise the Government in this instance, at this time, for the lack of scrutiny of this legislation, for example through the Northern Ireland
Affairs Select Committee. The circumstances and timing of events are such that this neglect is perfectly understandable. We should take account of the underlying point made by the noble Lord that if we slide or move, regrettably, toward further legislation and direct rule, there must be proper scrutiny. We cannot go on like this. On this occasion, I think it reasonable that the Government were struggling to achieve a deal. There have been moments in the past few months when it seemed possible—I do not think it was simply an illusion—but it has not proven so. On this occasion, I understand why this has happened; however, in future, we must pay attention to the process point. It is fundamental to our democracy, and I think the noble Lord signalled something tonight that is very important.
I want to talk about some of the difficulties. I accept that, at various times, there has been movement by one of the other two major parties in these talks, but it has not been enough. I very much hope that over the next few months, that movement will be sufficient for the restoration of devolved government. However, there are two extra problems—as if we did not have enough problems blocking progress. One has already been alluded to by the noble Lord, Lord Empey: the return of the renewable heating initiative to the headlines. It is difficult to see how this issue, which was very divisive—it dropped back slightly in significance and now, inevitably, it is returning to the public eye as the hearings go on—will improve the chances of an agreement.
An even more profound issue is the way Brexit is affecting the mood of politics in Northern Ireland and Ireland as a whole. I regard this as regrettable and by no means inevitable. The noble Lord, Lord Empey, is perfectly correct to say it is impossible to deal with the issues on the border without dealing with the wider trade issues. Our own European Union Select Committee makes exactly that point with some strength. Nobody would dispute that it is composed largely of friends of the European ideal, but we are stuck on this point.
It does not seem that the situation will get any easier over the next few weeks, although I have my hopes. In effect, that means that the general Anglophobia of even moderate nationalist opinion is intensified to a point that was not the case two years ago. This allows Sinn Fein to be more obstructive and to feel it has permission to be so. Also, you cannot get quite the coherence of purpose to reach a deal that, at certain points, was achieved between the British and Irish Governments. During the last week of talks in 1998, Tony Blair was in one way required to take strong action to modify some of the earlier position papers at the suggestion of the noble Lord, Lord Trimble. Also, very importantly, the Taoiseach at the time saw that he had a chance—that the noble Lord was, in effect, offering an end to the cold war between north and south. The Taoiseach felt he could not turn down that offer in the days leading up to the Good Friday agreement.
The two Governments came together—they did not always. The noble Lord, Lord Murphy, will remember occasions when there were conflicts between the positions of the two Governments, but frequently in those days of the process, the two Governments achieved a real unity of purpose and sent out a signal to the parties as
to where the line of compromise should lie. Unfortunately, we have to accept that Brexit is making that more difficult. It should not—in my view, the whole Brexit question has not been properly handled in Irish politics—yet that is the case. That is another reason for fearing that we may not get a deal, which is possible and cannot be ruled out, in the next few weeks.
I say these things because, while I agree completely with the appeal many have made to the better angels and the spirit of Northern Irish politicians, I believe a lot of the deals have been made because people fear something worse coming down the track. We have to be very careful about this. There are nationalists who believe that the “something worse coming down the track” should be joint authority imposed on the unionists. The Government set their face firmly against that before the election, and still do. That will not happen. However, it does not mean that you cannot present one side or the other with choices that are a bit more complicated than they currently are. If we rule that out, which I firmly believe we ought to—indeed, the Government have—there are other questions that the Governments have to think about.
The noble Lord, Lord Murphy, talked about Wales and how the Welsh Language Act did not mean the end of the union. He is perfectly correct. The noble Lord, Lord Empey, is right that the terms of the agreement were not discussed at all in 1998 by Sinn Fein, but in 2006, at St Andrews, reference was made to the British Government legislating on an Irish language Act on the Welsh model. If we have a long period of direct rule—we are not there now, but if we move to formalise direct rule—that issue has to be talked about in this Parliament. The idea that we simply stagnate seems to me impossible.
Equally, I noticed that Sir Jeffrey Donaldson raised legacy issues in the other place last night and argued that the Government should be doing things about them now. That is extremely difficult. I could mention other divisive issues in these talks. I am reluctant to say this because the main effort should be to achieve devolution’s return over the next few weeks, but there has to be some sense that the Government are thinking about policy decisions they might make if we do not get a deal. The first approach over the next few weeks and months must still be to get a deal. I am fully aware that there is a downside to anything you can say in this respect, but the Government have to signal that there will be Northern Irish business in this House and it will not be a matter of just sending money, as we are in effect doing.
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