My Lords, we now come to quite a difficult part of the Bill, in my view. The Minister referred to the fact that he could not quite remember all the detail in New Decade, New Approach. Of course, there have been so many agreements that even my memory is starting to fade now, and I am much older than the Minister. My other impression is that, if you are an old man or woman in Northern Ireland, you are likely to remember far more than if you were from Wales, for all sorts of different reasons.
Memories go back a long way. One of my memories, which I do not like, is of being on a plane between Belfast and London and having to sign a document that suspended the Assembly. I thought that that was one of the most unpleasant things I would ever have to do, because the whole purpose of the Good Friday agreement and the subsequent agreements was to ensure that Northern Ireland had its own Government, Parliament and apparatus of government. To see that go caused huge distress—I use that word specifically—to all of us who had been involved in trying to bring about change in Northern Ireland. When the Secretary of State and this Parliament, this House of Lords and the House of Commons, are given powers to intervene, whether it is in this Bill or on the abortion regulations yesterday—whatever it may be—it is awful that it has to happen, because it goes completely against everything that we thought, and I hoped, devolution would bring to Northern Ireland.
Again, these are probing amendments. Obviously, we will not put them to votes, but we need to know in what capacity the Secretary of State would intervene. I understand that the First Minister and Deputy First Minister must make agreements on various issues affected by this legislation. I also understand that there could be considerable differences in view between them. However, there comes a time when there is no mechanism by which this legislation could go forward if either the First Minister or the Deputy First Minister effectively vetoed the other. The legislation would not go forward. I hope that it will not happen, and that the
Minister can indicate in his reply that he believes that it will not happen. When the Secretary of State has to step in, could that be constrained a bit more by way of scrutiny? All the legislation says is that the Secretary of State must lay before Parliament the direction that he or she makes. I do not know whether that is sufficient. The Secretary of State should be made to make a statement, preferably an Oral Statement, to both Houses about why he or she has decided to step in and intervene. The balance would then be struck a little more.
My noble friend Lady Ritchie has tabled amendments that go into a bit more detail about that and put down a timescale. They intend that the First Minister and Deputy First Minister should appoint a commissioner within 30 days, say, and if that does not happen the Secretary of State should be given another 30 days so that it is done in a day. This is all meant to bring out the Minister’s views on what should happen if the Secretary of State intervenes.
I should also point out the excellent report by the Constitution Committee of your Lordships’ House. The very last paragraph is important. It states:
“The powers could be exercised by the Secretary of State even if there were a functioning Executive and Assembly. The Government states in the Explanatory Notes to the Bill that the powers may be used when the Secretary of State deems it ‘necessary’ to do so, but this is not reflected in the Bill. Clause 6(3) should be amended so that the power of direction in clause 6(2)(b) may be used only when the Secretary of State considers it necessary, rather than appropriate.”
There is a big difference between the two words. What is also interesting about this report is that it expresses exactly the same view that I have just expressed to the Committee about the difficulties—and sorrow, in many ways—of the Secretary of State having to come in and intervene. In a way, it underlies this Committee—indeed, all the stages of this Bill. This Bill simply should not be a matter for this House or the House of Commons; it should be a matter for the Northern Ireland Assembly. That is why we set it up 25 years ago.
I am interested in what the Minister has to say on this. I do not oppose the Secretary of State having such powers but there should be more scrutiny of and restrictions on how he or she would exercise them. I beg to move.