My Lords, I have three amendments in this group but, before referring to them, I say that obviously this set of amendments really deals with the restrictions on the use of ministerial powers. In fact, the noble Lord, Lord Bew, referred to the kernel of the issue, which is about the politics of Northern Ireland. I think that is what the noble Baroness, Lady Hoey, also said. Obviously, as a democratic Irish nationalist I come from a very different position, and I make no bones about it. In the fullness of time, subject to agreement and to consent, I would like to see the island of Ireland politically united, but that is united according to the principle of consent and united by agreement. The land is already united, but I mean the uniting of people on the island.
In this discourse, we must not forget that we have to move towards compromise and achieve it. I go back to the point made by my noble friend Lord Murphy: the most important thing is that there is an urgent need for the parties in Northern Ireland to be directly involved in the negotiations with the UK, the Irish Government and the EU. Unless that happens, we will go down the road of technical negotiations and discussions ad infinitum but they will not solve the political issues that exist, and those political issues urgently require to be resolved if we are to have the restoration of political institutions.
In that context, I pose this question: do all parties and all peoples want those political institutions restored? For my part, I would like them restored because they are based on the principle of consent and it is all about power sharing and co-operation. Because of the nature of the divided society in Northern Ireland, it cannot go any other way and the only solution is via the Good Friday agreement. I hope we will get back to that, and the best way to do it is through negotiations between not only the UK and the EU but the parties in Northern Ireland that are most directly affected, representing all the people, and of course the Irish Government, who could take on the role of the EU or work in partnership with the EU as a member state.
Amendment 46 seeks to circumscribe and limit the regulations to ensure adherence to Northern Ireland Assembly approval for a legislative consent Motion. The regulations are referred to only in the Bill; they are not specified and will be subject to secondary legislation. The noble Lord, Lord Bew, referred to Henry VIII powers. If this were just about Henry VIII powers then it might be quite simple, but it comes back to the overarching umbrella of the political situation and the need for a political solution. Here, there is a total disregard for the democratic consent of the Assembly and the importance of what it is there to do as an organ of the Good Friday agreement. It is important that that is built into this legislation, although obviously I would prefer that the legislation was not there and that it was replaced totally by negotiations.
Amendment 54 seeks the agreement of the First and Deputy First Ministers acting jointly on behalf of the Executive or Assembly. In that, I am building in joint accountability. There is a case for reverting to the appointment of the Ministers jointly as joint First Ministers. In fact the noble Lord, Lord Empey, referred to the earlier situation where, at St Andrews, that principle was undermined. Appointing Ministers and calling them joint First Ministers would emphasise power sharing, co-operation and jointery. It would recognise the principle of consent as prescribed by the Good Friday agreement, and it would get away from the idea of one side saying, “Make me First Minister”, and the other side saying, “No, make me First Minister”. We have to ensure that equality and parity of esteem are recognised in the Bill if the Bill is to go ahead.
Amendment 55 proposes a new clause requiring the Minister yet again to obtain the consent of the Northern Ireland Assembly to exercise the power to make regulations conferred by the Bill. It would also require a Minister to obtain the consent of the Assembly for the continued application of the regulations beyond the relevant period. It would therefore require the consent and the accountability of the Assembly. There should be no imposition of these unspecified regulations without the agreement of the Assembly. The fundamental point is that the people of Northern Ireland and their elected representatives in the Assembly are key and fundamental to the whole process, and should be directly involved in the negotiations in deciding the way forward.
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We must not forget that the wrecking ball in all of this was Brexit, out of which was born the backstop, to be replaced by Johnson’s protocol. That is why we have arrived at this point—so many things have been undermined by that tsunami of Brexit. That is very unfortunate, because it is has impacted on the island of Ireland in terms of our political relations and our economic stability. It is time that we got back to brass tacks and went down the road of a negotiated settlement in respect of the protocol that involves everyone—but particularly the Members of the Assembly—to address the issue of the democratic deficit.