Identity and Language (Northern Ireland) Bill [Lords] — Clause 1 — National and cultural identity — 26 Oct 2022 at 15:45

“respects the rights of others”.

This amendment would replace the principle taking account of the sensitivities of those with different national and cultural identities with a principle of respecting the rights of others.

“the Northern Ireland Office, the Northern Ireland Human Rights Commission and”.

This amendment would include the Northern Ireland Office and the Northern Ireland Human Rights Commission in the definition of public authority within the bill.

This amendment defines rights of others in reference to Convention rights and other international human rights standards.

This amendment is intended to ensure the bodies established by the provisions of the Bill remain accountable to guidance issued by the First and deputy First Ministers acting jointly in respect of the exercise of their functions.

This amendment would remove the power of the Office of Identity and Cultural Expression to establish the Government’s obligation to establish the Castlereagh Foundation (see Clause 8 of the Bill).

This amendment would amend the duty on public authorities to one of compliance with best practice Irish language standards from one of due regard.

This amendment is intended to ensure the bodies established by the provisions of the Bill remain accountable to guidance issued by the First and deputy First Ministers acting jointly in respect of the exercise of their functions.

This amendment reflects the stated intent under paragraphs 5.10 and 5.17 of the New Decade New Approach agreement for each Commissioner established under the Bill to exercise his or her functions in a way that is reasonable, proportionate, practical and conducive to mutual respect.

This amendment would remove the requirement that best practice Irish language standards produced by the Irish Language Commissioner be subject to the approval of the First and deputy First Ministers.

This amendment is consequential on Amendment 9.

This amendment reflects the stated intent under paragraphs 5.10 and 5.17 of the New Decade New Approach agreement for each Commissioner established under the Bill to exercise his or her functions in a way that is reasonable, proportionate, practical and conducive to mutual respect.

This amendment would amend the duty on public authorities to one of compliance with best practice Irish language standards from one of due regard.

“the Northern Ireland Office, the Northern Ireland Human Rights Commission and”.

This amendment would include the Northern Ireland Office and the Northern Ireland Human Rights Commission in the definition of public authority within the bill.

“and any public authority under the Cabinet Office that provides public services in Northern Ireland”.

This amendment would ensure key UK wide services are included.

This amendment would revise and expand the functions of the Commissioner for the Ulster Scots and Ulster British traditions provided in the Bill. The Commissioner would be responsible for developing the language, culture and heritage associated with these traditions, reflecting the body of established work and existing human rights law.

“so far as affecting Ulster Scots”.

This amendment restores the language used to address this commitment in the New Decade, New Approach agreement. The new wording is taken from the New Decade, New Approach agreement.

This amendment reflects the stated intent under paragraphs 5.10 and 5.17 of the New Decade New Approach agreement for each Commissioner established under the Bill to exercise his or her functions in a way that is reasonable, proportionate, practical and conducive to mutual respect.

This amendment is intended to ensure the bodies established by the provisions of the Bill remain accountable to guidance issued by the First and deputy First Ministers acting jointly in respect of the exercise of their functions.

“78SA Duty to have regard to published advice or guidance

This amendment would place public authorities under a duty to have regard to advice, support and guidance issued by the Commissioner for the Ulster Scots and Ulster British traditions. It would also require authorities to prepare and publish a plan demonstrating how they will adhere to the duty. This mirrors the duty to have regard provision that applies to the Irish Language Commissioner giving expression to the need for public authorities to give expression to the parity of esteem principle in relation to both Commissioners.

See explanatory statement for Amendment 5.

See explanatory statement for Amendment 5.

See explanatory statement for Amendment 5.

This amendment would extend the grounds on which an individual can submit a complaint to the Commissioner for the Ulster Scots and Ulster British Traditions to cover the conduct of public authorities in relation to all the guidance issued by the Ulster Scots Ulster British Commissioner, as is already the case with respect to all the guidance issued by the Irish Language Commissioner. It would thus help restore/achieve the parity of esteem.

“the Northern Ireland Office, the Northern Ireland Human Rights Commission and”.

This amendment would include the Northern Ireland Office and the Northern Ireland Human Rights Commission in the definition of public authority within the bill.

These step-in powers for the Secretary of State include a timescale whereby a decision by him or her must be taken. With this amendment the Secretary of State must act within 30 days of progress being restrained.

This amendment seeks to permit the Secretary of State to intervene, reflecting the commitment given in New Decade New Approach. The Irish language strategy is not included under these functions and this amendment would amend the legislation to include the Irish language strategy as a function.

This amendment would require the Government to establish the Castlereagh Foundation.

This amendment would require the Secretary of State to publish a report on the structure and functioning of the proposed Castlereagh Foundation.

This amendment would remove the concurrent powers and powers of direction granted to the Secretary of State for Northern Ireland under Part 2 from the Bill.

The explanatory notes for this Bill only provide costings for the running costs of the three new offices. This amendment requires the Secretary of State to assess the costs to the public purse both from running the three new offices and for meeting the cost of public authorities engaging with and having regard to the three new offices.

This amendment requires Ministers to annually compare the total public monies spent in relation to the Irish Language Commissioner and the Ulster Scots Ulster British Commissioner to ensure that parity of esteem is respected in the spending between the unionist and nationalist communities. It also requires them to assess the costs associated with the Office of Identity and Expression on the same basis.

This new clause would oblige public authorities to comply with obligations accepted by the United Kingdom under the Council of Europe Charter for Regional or Minority Languages.

“All animals are equal, but some animals are more equal than others.”

“Of course, given the close interest of the Northern Ireland Office in the New Decade, New Approach commitments on which the Bill delivers, I would still expect consideration to be given to the national and cultural identity principles set out in the first part of the Bill, and the guidance issued by the respective commissioners. I would expect much the same with the Northern Ireland Human Rights Commission.”-[Official Report, House of Lords, 6 July 2022; Vol. 823, c. 1020.]

“While it is reasonable to expect that such public authorities will act in good faith and comply with the Bill to the best of their ability, if they are not supported to do so it is likely that their actions will be significantly limited”

“the approach we are taking is consistent with the draft legislation published alongside NDNA; it really is for OICE to implement this in practice.”-[Official Report, 12 October 2022; Vol. 720, c. 198.]

“The functions of the Commissioner will be to…provide advice and guidance to public authorities, including where relevant on the effect and implementation, so far…affecting Ulster Scots”.

“For the Commissioner’s advisory function to be meaningful, public authorities must be required to have regard to that advice.”

Debate in Parliament |