I support the two amendments in my name and the name of my noble friend Lord Empey.
I have said this several times over the last two years and will continue to say it, but it is a matter of deep regret that we are debating this at all. Rather than in your Lordships’ House, it should be taking place in the Northern Ireland Assembly, with local representatives defending the Bill’s provisions rather than the Minister—much as we enjoy seeing a master at work.
Of course, the scandal surrounding the RHI scheme itself has much to do with why we are discussing the subject here rather than the MLAs debating it at Stormont. Noble Lords can argue about whether RHI was the principal reason Sinn Féin/IRA chose to collapse the Executive when Martin McGuinness resigned as Deputy First Minister. What is beyond dispute, however, is that the scheme has been a catastrophe. There must surely be consequences for those responsible for its many failings when Sir Patrick Coghlin and his excellent team produce their final report.
The RHI inquiry also exposed deep failings in the system of governance at Stormont, which must be addressed if the Assembly’s eventual resurrection—should that happen—is to be sustainable and lasting. One must live in hope if nothing else.
4.45 pm
The antics of the DUP and Sinn Féin Ministers, including the systematic abuse of the petition of concern, did great damage to the credibility and functionality of the devolved institutions. Changes to the rules must be made. Despite the Prime Minister’s dependence on the DUP in the other place to keep her in office, we need Her Majesty’s Government to lead the way on these matters.
As the Minister made clear at Second Reading last week, it is important that this legislation passes. Without it, there will be no legal basis to maintain payments to participants in the RHI scheme. Equally, however, it is vital that the interests of the taxpayer are at the core of the decisions made by this House and the other place in attempting to reach a fair compromise for all. It is noteworthy that DUP representatives did not oppose the Bill when it was debated in the other place less than two weeks ago, despite the role played in the RHI scheme by DUP Ministers at Stormont, including the party leader, Arlene Foster.
I have sympathy with the overwhelming number of RHI applicants. They joined the scheme with perfectly honourable intentions and in good faith. They based their decisions on the formal advice provided at the time. They were entitled to expect the promised return on their investment and they have been badly let down. Together, the amendments represent a compromise that I hope your Lordships can unite around in the Division Lobby if the Minister does not feel able to embrace them at the Dispatch Box. RHI became a partisan issue at Stormont because the DUP and Sinn
Féin Ministers failed to take proper responsibility for their actions when they had the opportunity to do so. It is very likely that similar battle lines will be redrawn when the inquiry team’s report is published. In the short term, it is essential that your Lordships act as one, accept these sensible additions to the Bill and invite the other place to think again. I commend the amendments to the Committee.