European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2010

My Lords, I, too, thank the noble Baroness the Leader of the House for introducing these three instruments. Like the noble Lord, Lord Glentoran, I have no difficulty at all with the proposals for the canvass, which seem to me eminently sensible. With respect to the proposals on co-option in the European Parliament, I am also very willing to accept the argument advanced by the noble Baroness because—technically, at least—there is a possibility that a by-election might be called following the tragic or unfortunate death of the nationalist or republican Member for Northern Ireland in the European Parliament. There could be a consequence thereby that if a by-election were to be held under normal Westminster rules, if you like, the nationalist community would be deprived of representation in the European Parliament for at least until the next election. That concern is sufficiently serious for us to have to accept the proposals that the noble Baroness has put forward today, even though the noble Lord, Lord Glentoran, is right that from a certain point of view in democratic principle and practice it is an ambiguous move. However, I think that the balance of argument here favours the course which the noble Baroness has proposed. I am less sure about the proposals for co-option in local councils. I would at least like to air the difficulty as it exists. Noble Lords may not be aware of quite how dramatic this process can be in Northern Ireland. When we previously talked about this on 4 February 2009, I drew attention to the fact that between 2006 and 2009 in one ward, Dunmurry, in the Lisburn City Council area, there had been five co-options in three years, which meant that the majority of those on that council from that area were as unelected as Members of your Lordships' House. There is a pretty heavy irony in the fact that we read in the newspapers that the Government are about to advance proposals for your Lordships’ House to be a completely elected House while at the same time they are bringing forward proposals this afternoon which tacitly accept that a significant number of local councils will be filled in the real world by a process of co-option. That makes the mysterious arrival of Members of your Lordships’ House look remarkably clear cut and well defined. I draw attention to the fact that there is an irony in government policy. There is certainly a contrast between the proposals for the future of this House and what the Government are prepared to accept for councils in Northern Ireland. There is an uneasy feeling that co-option arises partly because of the difficulties caused for the larger parties by certain events. For example, the result of the previous significant council by-election in Dromore produced a shock for the leading unionist party. It was a well-noted shock which continues to reverberate in some ways through the political process. I am also not quite sure why it was not desirable recently in the case of Castlereagh council following the resignation of the MP, Mrs Iris Robinson, from her position at Westminster and all her other elected offices. In view of all the issues raised—issues which touch on the working of Castlereagh council as well—I am not quite sure that it would be healthy in a democracy for the electorate immediately to register their views on these matters. So there is a greater problem with the proposals which the noble Baroness is advancing for local councils. She is basically right in her defence of corruption as regards European elections. When I raised this point before, she was kind enough to say in reply that she accepted that this was not an ideal situation. I know that there is little to be done about it today. I also know that in the circumstances which exist in Northern Ireland at present, and for many reasons of practicality, we have to proceed with the orders as they stand. However, I ask the Government to think and reflect on the contrast between their commitment to democracy at all levels, including the election of this House, and on their apparently less fervent commitment to democracy at all levels and in local council elections in Northern Ireland.