My Lords, Amendments 25 and 27 in this group are in my name, and they address the powers of the Secretary of State.
It is a matter of regret that this legislation is not being dealt with by the Northern Ireland Assembly and Executive, and that it has to be dealt by this House, because all of the issues are a matter of devolution. They impinge on those issues within the devolution settlement in relation to Irish language and Ulster Scots and the culture and heritage thereof. Political circumstances mean that we do not have a Northern Ireland Assembly and Executive, and so therefore, of necessity, the UK Parliament has to deal with this particular legislation, bringing it forward in both Houses and ensuring its implementation.
Amendment 25 will provide a timescale for the Secretary of State to step in if there is no Northern Ireland Executive in place to execute the functions of the legislation. History dictates that this has been—and is currently—the case, and noble Lords addressed this particular issue at Committee. The legislation contains new powers under Clause 6 for the Secretary of State to step in where there is no Executive or Executive Office to exercise the functions of the legislation, or if one member of the Executive decides to block progress on any aspects of the legislation that requires their approval.
Given that we do not have an Executive at present, and in a situation where even if we did we may not have political agreement from within the Executive Office on the legislation—and I can say that having previously been a Minister, there is precedent for the First and Deputy First Ministers not finding agreement, even though both officers are joint officers—the appointment of a commissioner, or an approval of best practice standards, is a problem.
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These step-in powers for the Secretary of State include a timescale in which a decision must be taken by him or her. As per the amendment, the Secretary of State must act within 30 days of progress being restrained, and that 30-day period will commence only after an initial 30-day window for the First and Deputy First Minister to agree progress. This leaves the Executive Office with an opportunity to act, albeit that window will now be time-bound to ensure focused action and attention. This will ensure that the functions of the legislation are implemented within that limited timeframe.
This Amendment 25 is in keeping with the fundamental principles of NDNA. The amendment also faces political reality, rather sadly, and seeks to avoid further political stalemate on this long-overdue legislation. I cast my mind back to 2006. I recall that the noble Lord, Lord Dodds, was at St Andrews then and, from memory, I think there was a deal on the Irish language. It was one of the side deals that was included in the announcement given by Prime Minister Blair and Taoiseach Bertie Ahern at the conclusion of discussions on the Friday afternoon.
In respect of that, I ask the Minister to reflect further on Amendments 25 and 27, which make provision in the legislation to include an Irish language strategy as a function of complying with the requirements of NDNA. Paragraph 5.21.3 of that document states that
“under Section 28D of the Northern Ireland Act 1998 the re-established Executive will produce a draft Irish Language Strategy and a draft Ulster Scots Language, Heritage and Culture
Strategy for consultations within 6 months. This will include programmes and schemes which will assist in the development of the Irish language and the Ulster Scots language, culture and heritage.”
In that vein, I would very much like it if the Minister could indicate his acceptance of these amendments today or, following a period of reflection, ensure that those amendments are brought forward by his ministerial colleague in Committee in the Commons, with an indication that this would be done on Second Reading. Therefore, adherence to NDNA commitments and protection of the Irish language and Ulster Scots would be provided. I beg to move Amendment 25.