My Lords, other noble Lords have already commented on the fact that yet again, we have fast-track legislation in respect of Northern Ireland. In no way, however, could this be described an emergency situation. Time after time I have advised the Government in this House from these Benches that the Secretary of State was operating ultra vires and that civil servants could not take the decisions that needed to be taken. The last time was in the debate on the Budget on 18 July. It is not just regrettable: it is becoming a really bad habit to keep bringing forward fast-track legislation when the problems have been known well in advance. It is almost as though the Government do not seriously want to discuss and debate these matters in detail, because there is no other excuse for what is being done.
Having said that, I am, of course, glad to see that the positions of the Secretary of State and the civil servants are being regularised in respect of departmental functions and appointments. However, that addresses only the legal problem and in the short term. It does not address the political problem, which is the reason for us being in this difficult situation. Noble Lords on the other side have described the responsibility that Sinn Féin bears for being in this situation, but it is not only a question of Sinn Féin.
Let us reflect on the fact that Martin McGuinness, who played a very valuable and constructive role with Dr Ian Paisley—Lord Bannside—resigned over the question of the First Minister’s handling of the RHI debacle. As time has gone on, whatever responsibility some members of Sinn Féin and Sinn Féin Ministers may have, it is absolutely clear that what was happening under the aegis of the First Minister, Arlene Foster, was utterly unacceptable and reprehensible. The report that is going to come out will be devastatingly bad, and so it should be. What is worse is that Arlene Foster had the experience of stepping in for Peter Robinson when he, as First Minister, stepped back from his role briefly but very appropriately on a matter of much less public expenditure import. She could have done the same, and we might well have not had the suspension of the Assembly.
On the question of whether we need a mediator, the parties were perfectly capable of getting together and coming to an agreement. The problem was that Mrs Foster was clearly not able to deliver that agreement when it went back to her own party. There is no evidence that getting an agreement through a mediator or otherwise is actually going to deliver, because it is not only one party that is a problem here: it is two parties. That is why, in addition to saying to the Government, “You have a legal problem with the Secretary of State and possibly civil servants operating ultra vires,” we need to say, “You have a political problem and you need to address that by an election”. All this Bill does from
that point of view is postpone the date of that election, because it would not be acceptable to go to any form of direct rule at any stage without an election. All we are doing is postponing it.
I accept that November, December and January are not very good months for an election. I also accept that we might be preoccupied with other things by the time February and March come round, so I understand the provisions, but this is not the first time that the warning has come. This is not the first time I have asked for an election. Will the Minister, in his response, indicate why it has not been possible to have an election during any of the period of time when the election should have been held?
We may well come to the situation that the noble Lord, Lord Adonis, has mentioned: we go through this period, there is still no agreement; we have an election, there is still no agreement. What happens then? The point that the noble Lord, Lord Adonis, needs to pay attention to is that we do not simply return to Westminster sovereignty. Why? Because we have an internationally binding treaty with the Republic of Ireland. That means that if there is to be any change or any development, it would have to be in discussions with the Irish Government. I think it unlikely that they are going to agree to a simple matter of direct rule. I think it much more likely that you would move to a form of direct rule in which there would be some clear acknowledgement of input from the Irish Government. That has been the trajectory for the last 25 or 30 years and I think it is the much more likely way out of this problem if the Northern Ireland political parties are not able to find a way of moving. That is the trajectory: this makes it a transition rather than a settlement. Much more could be said about that and I trust that we will be able to do so when we have the opportunity of a wider debate.
On Clause 4, the noble Lord, Lord Trimble, has pointed out, I think correctly, that much could be done by way of guidance under the current legal system. I well recall, as a young psychiatrist, having to do assessments on women needing abortions for reasons of their mental health, but that was tightened once people said, “We need some kind of guidance”. It would be entirely possible, legal and appropriate for the Secretary of State to look at the guidance that is being issued on the current law. But there is another matter that could be dealt with entirely legally, and I ask the Minister to respond to this if possible, if not this evening then at another time. What is to stop the Secretary of State, on these two issues that have been referred to, putting proposals forward for referendums, so that we would not be dependent on particular political parties in hock to minorities, or on opinion polls? We could ask the people of Northern Ireland whether they want to make a change to the abortion law or the law on gay marriage. That would not be undermining devolution but saying that, if elected representatives do not put themselves in a position to fulfil devolution, we do not ignore the people of Northern Ireland, nor human rights law, but we ask them to give their view. Is there anything to stop the Secretary of State making a recommendation that there should be referendums—non-binding, but nevertheless advisory referendums?
These are two issues on which there is deep disagreement between Sinn Féin and the DUP regarding the resumption of devolution. Therefore, it is actually important that they be addressed, whether by ourselves, the people of Northern Ireland, or otherwise. We are all preoccupied with Brexit now but I tell the House that, one way or another, elected representatives in Northern Ireland must get the matter resolved within a short period after Brexit. I know that Sinn Féin is keen to see itself in government in the South more than in the North, but when the noble Lord, Lord Trimble, asked what can be done that would induce Sinn Féin back into devolution, I can see a situation very clearly. If the minority Government in the South were to fall, if there were to be an election and Sinn Féin found itself in coalition Government in the south, which is entirely possible, despite what is said by the leaders of Fianna Fáil and Fine Gael, I can guarantee that you will have devolution at the drop of a hat, because Sinn Féin would very much like to be in government on both sides of the border at the same time.
This is still a moving picture. It may seem that watching politics in Northern Ireland is like watching paint dry, but eventually paint does dry, and we will come back to this issue again.
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