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Northern Ireland Act 2000 (Modification) Order 2007

rose to move, That the Grand Committee do report to the House that it has considered the Northern Ireland Act 2000 (Modification) Order 2007. The noble Lord said: A few weeks ago I warned that this order would be introduced either in Grand Committee or on the Floor of the House. It looks like a contradiction or Plan B, but it is not. We do not have a Plan B: it is devolution or dissolution on Monday. We are at a crucial point in the political process in Northern Ireland and minds are focused on the deadline for the restoration of devolved government on Monday of next week. There are no obstacles in the way of the formation of a power-sharing Executive on 26 March. It would be a tragedy beyond belief if the political classes in Northern Ireland failed to deliver what the electorate has just endorsed. The recent elections to the Assembly demonstrated a resounding desire for a return to stable and inclusive government. With the deadline so close, bringing this order forward now looks like an anomaly, so I will explain. The main purpose of the order is to extend the power to legislate for Northern Ireland matters by Order in Council for a further six months. We do not want to do that. When the Northern Ireland Assembly was suspended in 2002, the provisions of the schedule in the Northern Ireland Act 2000 were invoked whereby the Government had the power to legislate for Northern Ireland by Order in Council. The power was initially limited to the first six months of suspension. Regretfully, it has been extended on eight previous occasions for a further period of six months. This modification order would provide for a further extension of six months from 15 April this year to 14 October—in other words, the current arrangements expire during Parliament’s Easter Recess. The order is being brought forward purely on a contingency basis. We fully expect that devolution will be restored next Monday, 26 March, which would cause the power to legislate by order to fall away anyway. Devolution of powers will take place once the process has been undertaken at Stormont. If failure occurs, however, the Government will be left with no alternative but to proceed to direct rule, and the Secretary of State has made it clear that that would be for years rather than months. Noble Lords previously raised concerns, and I want to put this on the record as well, that legislating in such a manner is democratically deficient. It is. We accept that, and we have done so for some time. We recognise those concerns, and we have made the commitment, which I am happy to repeat, that if for some reason devolution does not occur, we will move to introduce measures designed to increase accountability in this Parliament under direct rule. The measures would be discussed through the usual channels, and would constitute a distant, remote second best to Northern Ireland politicians doing what they have been elected and paid to do—that is, taking responsibility in Northern Ireland. As I said, the tightness of the parliamentary calendar dictates that there would be insufficient time to lay and pass an order before the Easter Recess. We cannot take a risk on leaving that until after next Monday. Believe you me, the best brains in the Government—which do not include me—and the Northern Ireland Office have thought long and hard about this. It looks like a plan B, but it is not. There is no plan B. We expect devolution to be back next Monday. However, we have to prepare a contingency. We could not automatically assume that in the few days at the end of next week, with the Budget debate and everything else, we could get both Houses of Parliament to pass what would look like unthought-out emergency legislation. That is not what this is; we have thought about it. Purely as a contingency, we are bringing forward this order. We hope and trust, of course, that it will never be operated and that the devolved powers will return to Stormont and a devolved Assembly some time during the hours of 26 March. I beg to move. Moved, That the Grand Committee do report to the House that it has considered the Northern Ireland Act 2000 (Modification) Order 2007.—(Lord Rooker.)