My Lords, I am grateful to all those who have spoken to the first group of amendments before us. Before I turn to the detail of the amendments, I place on record my sorrow that the noble Baroness, Lady Ritchie of Downpatrick, is not in her place today to move her amendments. I am sure that I speak for the entire Committee in wishing her a speedy recovery and quick return to your Lordships’ House.
I speak first to Amendments 1 and 3, in the name of the noble Baroness, Lady Ritchie. I am grateful to the noble Baroness, Lady Goudie—with whom I had the pleasure of serving on the Protocol on Ireland/Northern Ireland Sub-Committee for a number of months—for stepping in at a moment’s notice. In broad terms, these amendments seek to amend the Bill’s first clause so that the
“national and cultural identity principles”
provided for in new Section 78F inserted by that clause would respect the “rights of others” rather than taking
“account of … those with different national and cultural identities”,
as drafted in the Bill. Amendment 1 from the noble Baroness, Lady Ritchie, would make this change, with the second providing a definition of the “rights of others”.
Although I understand the intent behind this amendment, I believe that this would not correctly reflect the national and cultural identity principles that were a matter of careful negotiation between those parties that agreed to New Decade, New Approach, and which are set out in paragraph 25 of that document. They were also set out in the same terms in the accompanying draft legislation that went with New Decade, New Approach. The provision in this Bill therefore reflects the terms under which the parties agreed New Decade, New Approach and re-entered the
Executive in January 2020. It has been our approach throughout to reflect in good faith that agreement from January 2020, and I believe that it would be inconsistent with that approach if we were unilaterally to deviate from those principles today.
Amendments 5 and 6 seek to extend the remit of the office of identity and cultural expression. Amendment 5 seeks to include the effective implementation of relevant international human right standards and Amendment 6 would make provision on a comprehensive language strategy to include all spoken and sign languages used in Northern Ireland. As with the national and cultural identity principles, the role and remit of the office of identity and cultural expression have been carefully set out through New Decade, New Approach. I fear that these amendments would represent a deviation from the basis of NDNA; the Government are clear that they will not do this.
As some reassurance, I highlight that new Section 78H(4) will enable the First Minister and Deputy First Minister, acting jointly, to direct the office of identity and cultural expression. They could use this power, for example, to give consideration to certain international standards that they deem relevant or to develop strategies, such as overall language strategies or those on sign language. Of course, they would need to fall within the framework of the principles themselves. In addition, the office itself could decide to consider international human rights standards in the advice and guidance that it provides. Of course, as a number of noble Lords have made clear, we would much prefer this to be taken forward not in your Lordships’ House but by a future Executive and Assembly.
Quickly on the ECHR and human rights, I assure the noble Lord, Lord Murphy of Torfaen, my noble friend Lord Deben and others that this Government remain absolutely committed to the Belfast agreement in all its parts. That includes the commitments on the ECHR. As for a Bill of Rights, the noble Lord, Lord Murphy, blamed his own Government as much as anyone for the lack of one. As I have always said, the agreement is somewhat ambiguously drafted as to how that should be taken forward, but the policy of successive Governments has been that it is primarily a matter for the Executive and the Assembly. New Decade, New Approach established a committee of the Assembly to look at how this issue might be taken forward.
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I agree with all noble Lords who share the sincere hope that an Executive will be restored. I completely agree with my noble friend Lord Empey in particular that it is a great shame that we are discussing this legislation in this Parliament rather than the Northern Ireland Assembly, where it should be taken. It is the Government’s preference that the issues we have discussed can be considered by a future First and Deputy First Minister and the director of the office whom they appoint. For those reasons, the Government would consider it pre-emptive to stipulate the activities of the office in legislation when we could far better place these decisions in the hands of the Northern Ireland devolved institutions. I urge the noble Baroness to withdraw her amendment.