My Lords, I support the amendments in the name of my noble friend Lord Hain. I am a signatory to Amendment 11, which quite clearly emphasises—as does Amendment 12—the need for direct consultation with the devolved institutions. I am a former Member of the Northern Ireland Assembly; I was also a Minister in the Executive and had direct responsibility for benefits and for the protection of children through child support. One facet of this Bill deals with those issues to do with absent parents and the protection of children when the absent parent has gone to live in another jurisdiction. I fully understand and appreciate the matter.
My point, in supporting the amendment, is to ensure that the devolved institutions are not blindsided. I carried out some, shall we say, investigation and research on this: we know that the Northern Ireland Assembly’s Committee for Justice was contacted by the Minister for Justice on 28 April and that the committee gave approval on 30 April. Then the legislative consent Motion, which gives effect to the UK Government legislation, was approved on 19 May.
However, on further examining that debate in the Northern Ireland Assembly on 19 May, I noticed that some Members, albeit accepting the premise and purposes of the Bill, were concerned that after its approval they would not be consulted as an Assembly. The Minister would simply be advised that certain instruments were to be laid and that this particular legislation would apply, but they as Members of the Assembly would not be able to debate it, change it or give an opinion. In my view, that is undemocratic, hence my support for both amendments in the name of my noble friend Lord Hain.
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