My Lords, the NDNA deal has been mentioned, as it often is. NDNA was not a single issue. There were many issues in that package. It is with some regret that we find that certain things are being plucked out and described as being agreed. It was all agreed in the context that nothing was agreed until everything was agreed and enacted as one package.
Having said that, to set the context, Amendment 1 would replace the current requirement for a person expressing identity and culture to have regard to the sensitivities of others with an obligation to respect their rights. Of course, we are not averse to this. There needs to be an examination of the merits of any limitation on cultural expression based on the sensitivities of others and vis-à-vis the rights of others.
The Northern Ireland Human Rights Commission has said that
“consideration should be given to whether restricting the cultural expression and identity of one individual to accommodate the ‘sensitivities’ of another individual is a disproportionate interference with one or other’s right to freedom of expression”.
It is possible that Section 6 of the Human Rights Act and references to convention rights may provide more certainty in this regard. The term “sensitivities” could be construed in various ways. We need to eliminate the risk of the national and cultural identity principles being weaponised in order to interfere with the legitimate expression of, or suppress, unionist culture. What would taking account of sensitivities actually mean in real terms and in practice? Would this cover mere offences or basic intolerance of others? Surely there is a need to ensure that “sensitivities” captures only grievances based on substantive and recognised rights.
We are certainly not suggesting that the HRA or existing interpretation of convention rights are a panacea or a safeguard for our culture. One has to look only at the outworking of the parading issue in Northern Ireland, where the system is often seen to reward violence and restrict public expression and assembly. That, unfortunately, has been the norm for quite a while and gives us great concern.
While I am on my feet, I will speak briefly to Amendment 5, which would enable the office of identity and cultural expression to issue guidance on the implementation of relevant human rights standards. We are against this. In our view this amendment wrongly conflates the proposed operation of the office of identity with the separate and distinct roles of statutory bodies such as the Northern Ireland Human Rights Commission and the Equality Commission for Northern Ireland.
First and foremost, the role of the OICE should be to promote the different cultural and national identities in Northern Ireland. This amendment would open up the risk of the OICE assuming the role of enforcer rather than facilitator of culture and identity. Clause 3 already places the Ulster Scots and Ulster British commissioner under an obligation to
“publish such advice, support and guidance … to public authorities in relation to … the effect and implementation of the international instruments”.
There would be the risk of duplication or conflict, not just between the regional statutory bodies but between the cultural bodies established under the Bill. This does not seem to be the best path forward.
Amendment 6 in this group is a probing amendment. It would
“require the Office of Identity and Cultural Expression to develop a comprehensive language strategy to include other languages used in Northern Ireland.”
We are against this because we do not believe that this is the right vehicle to take forward progress on producing strategies for spoken and sign languages in Northern Ireland. Section 28D of the Northern Ireland Act 1998 and the NDNA commitments pertaining to the programme for government envisage this function remaining in the gift of devolved Ministers.
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We need to be careful not to blur the lines between the core functions of the office and the political and legislative framework under which it operates. Of course, it would be expected that such bodies would be regularly and closely consulted. Under Clause 3 and proposed new Section 78H, the First Minister and Deputy First Minister would be granted a power to jointly direct the office of identity in relation to its functions. This would permit the FM and DFM to confer this responsibility on the office should the political consensus point in that direction.
Finally, aside from the merits of the general principle, it is likely that the proposal to place a duty on public bodies to develop language schemes would incur additional cost to the public purse. I will stop there.