All 4 contributions to the Northern Ireland (Ministerial Appointments and Regional Rates) Act 2017 (Ministerial Extracts Only)

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Thu 20th Apr 2017
Manchester, Gorton (Writ)
Commons Chamber

1st reading: House of Commons
Mon 24th Apr 2017
Northern Ireland (Ministerial Appointments and Regional Rates) Bill
Commons Chamber

3rd reading: House of Commons & Committee: 1st sitting: House of Commons & Report stage: House of Commons
Wed 26th Apr 2017
Northern Ireland (Ministerial Appointments and Regional Rates) Bill
Lords Chamber

2nd reading (Hansard): House of Lords & 3rd reading (Hansard): House of Lords

Manchester, Gorton (Writ)

(Limited Text - Ministerial Extracts only)

Read Full debate
1st reading: House of Commons
Thursday 20th April 2017

(7 years, 6 months ago)

Commons Chamber
Northern Ireland (Ministerial Appointments and Regional Rates) Act 2017 Read Hansard Text

This text is a record of ministerial contributions to a debate held as part of the Northern Ireland (Ministerial Appointments and Regional Rates) Act 2017 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

David Lidington Portrait The Leader of the House of Commons (Mr David Lidington)
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I beg to move,

That, following the House’s decision on Wednesday 19 April that, in accordance with section 2(2) of the Fixed-term Parliaments Act 2011, there should be an early parliamentary general election, together with the Prime Minister’s announcement that she will advise the Sovereign to appoint Thursday 8 June as the polling day so that Parliament will be dissolved on Wednesday 3 May, and in the knowledge that the by-election in the Borough Constituency of Manchester, Gorton, has been set for Thursday 4 May, Mr Speaker convey to the Clerk of the Crown the desire of this House that he do issue a writ of supersedeas to the writ issued on Tuesday 28 March for the said election.

The motion before the House provides for the by-election in the constituency of Manchester, Gorton, which was originally set for 4 May, to be cancelled in the light of the decision of this House yesterday to trigger an early general election. As the House will recall, that by-election was called to elect a Member to serve in the present Parliament. As this Parliament will be dissolved before the by-election date, it would clearly be otiose to go ahead with the by-election in those circumstances. An election for the Manchester, Gorton, constituency will take place as part of the general election on Thursday 8 June. As I said to the House on Tuesday, there is no statutory provision for the cancellation of a by-election, although there are various precedents. It is for the acting returning officer to cancel the by-election. The motion before the House provides certainty to the acting returning officer, at her request, by endorsing a new writ to supersede the original one.

The motion therefore requests you, Mr Speaker, to convey to the Clerk of the Crown the desire of this House that he issue a writ of supersedeas to the writ issued on Tuesday 28 March for the by-election. This will put beyond any doubt the authority of the acting returning officer to cancel the by-election process that is currently under way. I understand that this approach has the support of the other political parties in the House, as it avoids unnecessary expense and uncertainty for the candidates involved.

Northern Ireland (Ministerial Appointments and Regional Rates) Bill

(Limited Text - Ministerial Extracts only)

Read Full debate
2nd reading: House of Commons
Monday 24th April 2017

(7 years, 6 months ago)

Commons Chamber
Northern Ireland (Ministerial Appointments and Regional Rates) Act 2017 Read Hansard Text

This text is a record of ministerial contributions to a debate held as part of the Northern Ireland (Ministerial Appointments and Regional Rates) Act 2017 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

James Brokenshire Portrait The Secretary of State for Northern Ireland (James Brokenshire)
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I beg to move, That the Bill be now read a Second time.

Before I move forward with this business, I would like to pay tribute to those in the Police Service of Northern Ireland and in other emergency services who spent yesterday keeping people safe from a significant bomb placed by dissident republican terrorists next to a primary school in north Belfast. I am sickened by this incident, which has caused outrage in the community and far beyond. It is clear that the consequences could have been utterly devastating. Potentially to put children, the wider community and police officers in danger shows a wanton disregard for life. This shows these terrorists for who and what they really are, and is a potent reminder that they have nothing to offer.

Sammy Wilson Portrait Sammy Wilson (East Antrim) (DUP)
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Does the Secretary of State accept that the attempts this morning by the BBC to try somehow to justify what the terrorists did at the weekend on the basis that there had been no political progress shows the kind of banal reporting we get from the BBC? It is not worthy of a publicly funded body.

James Brokenshire Portrait James Brokenshire
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The hon. Gentleman has made his point in his own way. All I will say is that this was an appalling incident for which there was no justification whatsoever. I think the whole House would wish to pay tribute to the PSNI and all those agencies that do such an incredible job in seeking to provide security for Northern Ireland, for the risks that they often put themselves under as a consequence of that work and for the incredible contribution that they make.

Jeffrey M Donaldson Portrait Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)
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Does the Secretary of State agree that it is not enough for political parties and individuals to say that they support the rule of law? Surely it is incumbent on us all to support the individual officers who come from right across the community to serve all of the community. We should all be giving them our wholehearted support.

James Brokenshire Portrait James Brokenshire
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The right hon. Gentleman makes a powerful and important point about the incredible job that the PSNI does, the contribution that it makes and what that often means for its officers. I have a huge amount of respect for their professionalism and the personal dedication that they bring. I am sure the whole House would wish to underline that message of support for the incredible job that they do.

Moving on to the Bill, I have updated the House twice on the political situation in Northern Ireland in recent weeks: in my oral statement on 28 March and in my written ministerial statement last week. On both occasions, I set out that I would seek to bring forward legislation with two aims in mind: to provide the legal basis for an Executive to form, and to set a regional rate to enable that important source of revenue to be collected. As we approach the final week of this Parliament, now is the right time to deal with both those matters, in order to provide greater certainty for the people of Northern Ireland and to provide the opportunity for the parties to come together to secure the resumption of devolved government.

The background leading up to the introduction of the Bill will be familiar to many in the House. The collapse of the previous Executive in January placed a duty on me to set a date for a further election. I did so in January, and the election itself was held on 2 March. Since then, the UK Government have been engaged in talks with the political parties and, as appropriate, the Irish Government, in accordance with the well-established three-stranded approach. The talks have had one clear purpose: to re-establish an inclusive, devolved Administration in line with the 1998 Belfast agreement and its successors. Progress was made on several fronts during that phase on the formation of an Executive, including the budget and programme for government.

There was progress on legacy, too. Constructive discussions took place with all the parties on the detail of the legacy institutions set out in the Stormont House agreement and on the need to reform legacy inquests. Although no one will underestimate the challenge of addressing the legacy of the past, the proposals are now sufficiently developed that the next step should be to publish them for consultation. That way, we can listen to the views of victims and survivors and all those who will be most affected by the proposed new institutions.

Despite the progress that was made, there remains a defined number of outstanding issues on which there is a lack of agreement between the parties, and it was clear that a period of reflection was necessary to give the impetus for the discussions to conclude positively. It was with that in mind that the talks were paused over Easter. Since then, meetings have continued between the parties. The restoration of devolved government remains achievable, and it remains the absolute priority. It will, though, require more time and more focused engagement by the parties on the critical issues that remain, building on the discussions over the past seven weeks. The Bill would provide the space, and the opportunity, for the parties to do just that. We will remove the current legal barriers so that the Assembly can meet and an Executive can be formed at any point from Royal Assent to 29 June—three weeks after the general election.

We recognise that there will be focus on the general election, which is why the Bill provides parties with the scope and space to continue discussions to resolve their outstanding issues, while providing a period of reflection for the new Government if a deal still does not prove possible. That said, it remains highly desirable for the parties to continue to work to make progress quickly for the reasons that I have set out, and this Bill does not preclude the formation of an Executive sooner if the parties wish that to happen. That is an important point. In passing this Bill, we make it clear that the responsibility now lies with the parties to come together and make progress, and as I have indicated, I strongly believe that that can still happen. We have removed the legal barrier to progress, enabling an Executive to form without the need for a further Assembly election. If the parties have the will to make progress between now and the end of June, the platform is in place for them to do just that. In the meantime, we should not lose sight of the benefits that an agreement would have for the people of Northern Ireland. I am sure that that will be the hope of those voters who gave the parties a mandate on 2 March.

I pay tribute to the Opposition for their constructive and positive engagement in the process leading up to the introduction of this Bill. I pay particular tribute to the hon. Member for Blaydon (Mr Anderson) who may be making his final appearance at the Dispatch Box as shadow Secretary of State for Northern Ireland. Despite our broader political differences, I thank him for the overall support that he and his party have given me since I became Secretary of State in July. Northern Ireland undoubtedly benefits from the broadly bipartisan approach that we take in this House and, whatever the result of the general election, I hope that that will always continue. I wish him all the very, very best for the future. I know that his presence will be missed by many across this House who will wish him well in whatever new opportunities and new challenges he takes forward.

Moving to the substance of the Bill, clause 1 would remove the present legal barrier to an Executive being able to form to implement any deal that has been reached. It would retrospectively reset the 14-day clock in the Northern Ireland Act 1998, which expired on 27 March, with a 108-day period, removing the present duty on me to set a date for an election, with it arising again at 4 pm on 29 June if an Executive have not been formed by that point. This will provide the space for an Executive to form, and makes it clear that the responsibility for progress lies with the parties—indeed that duty to form an Executive and appoint Ministers in that process. As necessary, it would provide a period for further talks in the new Parliament, allowing all sides to take stock and move forward if a deal is not already in place. It would also mean that, if a deal is not struck, there is a period for the new Government properly to consider the way forward. That is important. In the absence of a deal, significant decisions will need to be made in the new Parliament to provide political stability in Northern Ireland. However, it will be for the parties to seize the opportunity, whether in the coming weeks or soon after, to deliver the Executive that they have so clear a mandate to secure.

I have mentioned the two acute issues of financial uncertainty caused by the lack of an Executive. The first is the absence of a 2017-18 regional rate, which represents more than 5% of the total revenue available to the Northern Ireland Executive. Normally, this would have been set by the Department of Finance earlier this year, via an affirmative rates order in the Assembly. That would have enabled bills to be issued in 10 instalments, giving certainty to ratepayers and allowing various payment reliefs to be applied. However, time has nearly run out for that course. If no rate is set in the next few days, there will be fewer bills in higher instalments, and the longer it takes to set a rate, the worse that situation will become. The only outcome would be bad debt, lost revenue, uncertainty and hardship.

Although we are clear that this is a devolved matter, we are also clear that only the UK Government can take action to secure the interests of individuals, businesses and indeed the Executive. Clause 2 would address the issue by setting a 2017-18 regional rate in Northern Ireland. It does so by setting “pence per pound” rates for both domestic and non-domestic properties. These rates represent a 1.6% inflationary increase, the same approach as was taken by the Executive in setting a rate the year before. As we make clear in subsections (4) and (5), it would not cut across the continuing right of the Executive to set a rate by order in the usual way, so this would be the most limited step available to us, taken at a point beyond which we cannot delay.

David Simpson Portrait David Simpson (Upper Bann) (DUP)
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The Secretary of State is outlining very well the business that this House may have to do and the business that he has to do today. But does he accept that we would not be in this place were it not for the arrogance of Sinn Féin, who walked away from the Executive and left Northern Ireland in the predicament we are in today?

James Brokenshire Portrait James Brokenshire
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What I can say to the hon. Gentleman is that in the recent election a clear mandate was set for the resumption of an inclusive devolved Government in Northern Ireland, and the focus needs to lie on that, on getting the Executive back into position and on dealing with the differences between the parties in Northern Ireland. We should all feel a responsibility for seeing an Executive back in position, working to serve the best interests and needs of the people of Northern Ireland. Ultimately, that is where our absolute and resolute attention should lie.

For completeness, although it is not covered in the Bill, I should say that the second financial matter is the lack of a 2017-18 budget. Its absence has meant that since the beginning of this month civil servants alone have been in charge of allocating cash, which is clearly not an acceptable solution for the longer term. Before Easter, therefore, I made it clear that I would provide further assurance in that regard if an Executive were not in place, consistent with the UK Government’s ultimate responsibility for political stability in Northern Ireland, so I wish to take this opportunity to provide further clarity to people, businesses and public services in Northern Ireland.

We very much hope, as I have said, that we will see an Executive up and running as soon as possible, but if that does not prove possible, I want to put on record that this Government would be prepared, as a last resort, to pass an Appropriation Act in the next session to provide legislative authority for the expenditure of Northern Ireland Departments. That is not a step that any Government would take lightly, but this House must not forget the duties we must uphold for the people of Northern Ireland.

Sammy Wilson Portrait Sammy Wilson
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The Secretary of State has identified a very important issue—the lack of a budget—but does he accept that even with the assurances he has given to the House today there are still tens of thousands of people in the voluntary and community sector who depend on money from Government Departments of which they cannot be assured at this stage, that their jobs are therefore in jeopardy and that they face uncertainty? The longer he leaves this decision, the more he leaves people in that sector of the economy in a vulnerable position.

James Brokenshire Portrait James Brokenshire
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The hon. Gentleman makes an important point about the voluntary and community sector in Northern Ireland. I have very much had that sector at the front of my mind in publishing my written ministerial statement and in saying what I have this afternoon, knowing that some people have been put on protected notice and about the impact of uncertainty on whether payments will be continued beyond the current window. I know the civil service and Departments have already given assurances on funding for three months, but what further assurance can be given? By providing comfort to permanent secretaries through my written ministerial statement, I am advised that Departments will be able to extend current letters of comfort to give greater support and flexibility for the voluntary and community sector.

The broader point made by the hon. Member for East Antrim (Sammy Wilson) about the need for greater certainty and for a budget to be put in place is absolutely right. This is not a situation that can continue for much longer, which is why I have said what I have about the preparedness of this Government, if re-elected, to make steps to seek an Appropriation Bill should that prove necessary. As I have indicated, I earnestly hope that that will not prove necessary and that an Executive can and will be formed to make those decisions. In no way does the statement that I have made today cut across an Executive’s ability to take up position and set a budget in due course.

Danny Kinahan Portrait Danny Kinahan (South Antrim) (UUP)
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Flexibility is a key point in running the budget. Civil servants run their departments well with their budget, but those little bits of flexibility matter when we as politicians are asked to help people. How does the Secretary of State envisage that working if we do not have a functioning Assembly? Will there be some mechanism so that people on the ground who have lost money or cannot do something are listened to?

James Brokenshire Portrait James Brokenshire
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The clearest way is for an Executive to be formed. That is the most direct way for assurances to be given and direction to be provided. The lack of political direction at the moment underpins the need for an Executive and political decision making in Northern Ireland at the earliest opportunity. As I have indicated to the House this afternoon, the UK Government are prepared to take action should that be necessary. Our sense of responsibility as the UK Government is to provide the necessary political stability and assurance for the people of Northern Ireland.

Ian Paisley Portrait Ian Paisley (North Antrim) (DUP)
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To be absolutely clear, is the Secretary of State stating to the House from the Dispatch Box that the choice is clear: it is devolution or direct rule? By putting in place the points that he has made about appropriations, the ground is being laid for direct rule if that is required.

James Brokenshire Portrait James Brokenshire
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I do not want in any way to prejudge the outcome of the coming weeks. I earnestly hope, believe and want to see devolved government re-established in Northern Ireland. That is profoundly in the best interests of Northern Ireland, so that there is local decision making. There should be a strong message across the House of wanting to put that in position at the earliest opportunity. I have been careful in what I have said in laying out the position on the budget, and I have given assurances to allow flexibility for the Northern Ireland civil service to use residual emergency powers to deal with the pressures that it is experiencing and to ensure that public services continue to be run.

I have published a written ministerial statement that sets out indicative departmental allocations which reflect the budget priorities and decisions of the last Executive. They provide a basis for allocations in the absence of an Executive. It is important to make the point that those numbers are not UK Government numbers, but reflect the advice of the head of the Northern Ireland civil service and his assessment of a position that takes account of the priorities of the political parties before the Dissolution of the Assembly, as well as further allocations that he considers are required. They are intended to give clarity to Northern Ireland Departments about the basis on which they may wish to plan and prepare for more detailed decisions, and to discharge their responsibilities in the meantime.

We should, however, make it clear that those totals would not constrain the freedom of an incoming Executive to amend spending allocations, nor would it prevent the UK Government from reflecting on the final allocations in the light of circumstances at the appropriate time. I underline the position set out in the Bill. If agreement is not reached by 29 June, the electoral duty would essentially return to the Secretary of State, who would call an election in a reasonable period. Any incoming Government would need to reflect carefully on the stability of Northern Ireland and, as I have said, the need to deal with certain financial issues. We need to be resolutely focused on the need to get an Executive into position. That is precisely what the Bill allows for.

Bob Stewart Portrait Bob Stewart (Beckenham) (Con)
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I thank my right hon. Friend for his statement, but has he seen the slightest indication from Sinn Féin, in the detailed and long negotiations that he has no doubt had so far, that they might consider being part of an Executive?

James Brokenshire Portrait James Brokenshire
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Yes, I have. That is why I believe that agreement is possible. The discussions that have taken place over recent weeks have shown where the space for agreement and compromise may lie. It is important that the Bill provides that space and opportunity for the parties to be able to find resolution of the outstanding issues and get back into devolved government, which is what the people of Northern Ireland voted for.

To go back to the budget, that budget does not allocate the resource and capital funding provided in the Chancellor’s March Budget. This funding was not allocated before the dissolution of the last Executive, and it is right that funding is available for parties to allocate to further priorities as they deem appropriate. Further detail on the spending plans will need to be provided through the Appropriation Act. My hope and belief is that the Act will be taken through the Northern Ireland Assembly, but that obviously relies on the Executive being formed. As I have indicated, that is where the focus should lie. If not, as I have said, we would be prepared to legislate to provide certainty, in line with our ultimate responsibility for political stability and good governance in Northern Ireland.

Mark Durkan Portrait Mark Durkan (Foyle) (SDLP)
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Will the Secretary of State clarify whether, in his mind, such legislation in that context would amount to direct rule in the sense that we have always know it, or would it be some form of downloadable legislative cover for administrative governance when it comes to further budget setting?

James Brokenshire Portrait James Brokenshire
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Again, I would not want to prejudge what the situation might be. That will be for an incoming Government. My point remains that that does not need to be the outcome. The outcome we want is for an Executive to be formed and a devolved Government to be in place, making decisions in Northern Ireland for the people of Northern Ireland. That is why I make these point about what the Bill provides and how it gives the space to allow that to happen. That must be the focus of us all in the time ahead.

By passing this Bill, we can provide the scope and space for a deal to be done by the parties. I will be working intensively with the parties to secure that outcome in the weeks ahead. Northern Ireland needs the restoration of an inclusive devolved Government working in Northern Ireland’s best interests. That is what the people of Northern Ireland voted for. It is what will deliver the public services that people rely upon, and it is what businesses, community groups and individuals across Northern Ireland want. The Bill will secure a framework within which that can be delivered. I commend it to the House.

--- Later in debate ---
Kris Hopkins Portrait The Parliamentary Under-Secretary of State for Northern Ireland (Kris Hopkins)
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It is a pleasure to follow my hon. Friend—I will call him my hon. Friend—the Member for Blaydon (Mr Anderson), and I am pleased that we have the full support of Her Majesty’s Opposition today. I have had the pleasure of knowing him since 2010, when we served together on the Northern Ireland Affairs Committee and on the British-Irish Parliamentary Assembly. There are many issues that we do not agree on, and our politics may be somewhat different, but he is a good and kind man. I want to echo a couple of the points that he has just made. On women’s rights, he was right to say that we should stand up and challenge the situation. He also suggested that I should respect the fact that LGBT issues were a devolved matter, and I do. As an individual, however, I look forward to attending Belfast Pride between 28 July and 6 August, where I shall stand alongside the best part of 50,000 people from Northern Ireland. They have a significant voice that needs to be represented and recognised. I pay tribute to those on the Opposition Front Bench for their support, and for the bipartisan spirit in which we are able to take these steps to deliver political stability and good governance in Northern Ireland. This is especially important given the forthcoming general election.

My right hon. Friend the Secretary of State covered the substance of the measures proposed in this short Bill. It first proposes to give the space for an Executive to form, providing the framework for success in the final phase of the talks before us. It also takes the modest steps needed to set a regional rate, to provide certainty for ratepayers and a future Executive alike. Rather than covering that ground again, I should like to respond to some of the specific points that have been raised in the debate.

My hon. Friend the Member for Tewkesbury (Mr Robertson) was among the many who condemned the terrorist attack and attempted murder involving the placing of a bomb outside a school. Many depraved acts have taken place in Northern Ireland over many years, but to place a bomb outside a school is probably one of the most despicable I can think of. I am sure that the community around that school will be appalled that young people were put in danger by those psychopaths, and I am sure that every part of our community will stand up and condemn this act. My hon. Friend also mentioned the fact that it was unfortunate that the rates were going to be set here, and rightly said that those decisions should be made in Northern Ireland. He also pointed out the impact on businesses of the uncertainty that sits over Northern Ireland at the moment. He said that he did not want direct rule, and warned of the consequences of its introduction. I reiterate that we do not want direct rule either.

The hon. Member for Edinburgh North and Leith (Deidre Brock) made a very succinct speech—perhaps others who have made contributions today could learn a lesson from her—and I thank her for her support. She rightly said that the political Administration in Northern Ireland should be taking the decisions, and we agree with her on that. My right hon. Friend the Member for North Shropshire (Mr Paterson) has given his apologies; unfortunately he has had to go. He paid tribute to the brave police officers in Northern Ireland, and I completely agree with that sentiment. We should never forget them. He said that not a single Member of the House wanted direct rule, and I can tell him that no one on this side wants it. We want local politicians who have been given a mandate to take responsibility and to deliver an Assembly and an Executive who can make decisions on behalf of the hard-working people he talked about. He rightly said that good will existed among the people of Northern Ireland to try to make this work, and that it just required the elected politicians to take responsibility. The hon. Member for East Antrim (Sammy Wilson) condemned the attempted murder of the police officers outside the school, and I welcome his support for our police. He has long had a reputation of speaking up for them. I also welcome his support for the Bill.

The right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) supports the Bill, and I put on record my gratitude for his support on issues of legacy, too. He has secured several debates in recent months that have given us opportunities to discuss this important issue, to get a balanced view and to make sure that the issue of proportionality is put out there—there is a recognition that 90% of the people killed in the troubles were killed by terrorists. He asked specifically about welfare, and the function of the Bill is to make sure that moneys can be sent through to the civil service in Northern Ireland. As part of the agreement, regulations are already in place for the civil service to make decisions. The agreement has been actioned in full, so the resource is there. It will be for the permanent secretary and the team to make choices about that money.

The hon. Member for Foyle (Mark Durkan) regrets the necessity for the Bill—again, that sentiment came out several times—but he does support it, which I appreciate. He wants to get the institutions up and running.

The hon. Member for Strangford (Jim Shannon) made a positive contribution, which is good to see because many negative elements have been raised this afternoon. There was a degree of “statto” in there being so many positive statistics that he wanted to give us. It is important to reiterate that devolved government has been in place and that services have been delivered as a consequence, and we need to keep demonstrating that this is about local people delivering for their communities.

The hon. Member for South Antrim (Danny Kinahan) made a measured contribution in welcoming the Bill, which I appreciate. He mentioned the issues of corporation tax and asked whether it will be incorporated. It is a devolved matter but, as we have said for some time, the Executive are required to demonstrate their competence on moneys. There is a fundamental bit missing, because we need an Executive in order to demonstrate that in the first place. I agree that we want to see corporation tax delivered, too, but we need an Assembly in place to be able to move forward. I put on record again his support for finding solutions to the issues of legacy that affect all communities in Northern Ireland.

The hon. Member for Belfast South (Dr McDonnell) is a good friend of mine, and he spoke with much warmth about his friend, the hon. Member for Blaydon. It is positive to hear that cups of tea will be consumed between the hon. Member for Belfast South and the right hon. Member for Lagan Valley, which is the kind of politics we need to promote in Northern Ireland—a good chinwag over a cup of tea.

The hon. Member for Belfast South made an important point about the Welsh language. Gaelic is spoken in Scotland, and nobody should be ashamed of the treasured Irish language, which is a massive cornerstone of a culture across Ireland that I know many people in Northern Ireland treasure, too.

The right hon. Member for Belfast North (Mr Dodds) welcomes the Bill and laid out clearly the merits of a democratic path. He reiterated his commitment to devolution, which we appreciate.

Lady Hermon Portrait Lady Hermon
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I am grateful to the Minister for kindly and enthusiastically giving way. There appears to be one key issue that he, to my disappointment, has not yet addressed. The issue was raised by a couple of people who contributed valuably this afternoon, and it is about Sinn Féin’s allowances in this place when they sit as absentee MPs. Are this Government prepared to take a hard-line, hard-headed and proper approach towards Sinn Féin, which does not take its seats but is still able to take advantage of a huge amount of public funding from this House for administrative and secretarial assistance? I say that with great passion, because I sit here as an independent. I do not have a party. I receive no allowances in support of additional secretarial or administrative assistance, and I am hugely resentful that the absentee MPs who claim to represent constituencies in Northern Ireland are able to be paid thousands of pounds of taxpayers’ money.

Kris Hopkins Portrait Kris Hopkins
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I could give a diplomatic answer to a lot of that. My first ever point of order asked why Sinn Féin gets paid when it does not come here, so I will not contradict myself on that issue. The hon. Lady knows my view on this and, in talking about the future of the Assembly, it is about making sure that we create the right political space in which all parties can find agreement and come together to offer leadership for Northern Ireland. I could engage in that partisan debate. My comments are already on the record, and I will not contradict myself.

I sincerely hope that a deal can be reached, regardless of the broader context of the talks. We will all work towards that outcome, but it will be the parties that need to take up the mantle and deliver inclusive, stable government for the people of Northern Ireland. If they do not, it will be for this or any future Government to continue doing what is required to ensure that Northern Ireland has the political stability it needs.

Jeffrey M Donaldson Portrait Sir Jeffrey M. Donaldson
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Will the Minister give way?

Kris Hopkins Portrait Kris Hopkins
- Hansard - - - Excerpts

I have a sentence and a bit to go, but I will give way.

Jeffrey M Donaldson Portrait Sir Jeffrey M. Donaldson
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I have listened carefully to the Minister, and I know his background as a former serving member of the armed forces. I would not want him to underestimate the importance of the armed forces covenant as an issue in these negotiations. It leaves me a little concerned when I hear the Opposition spokesman and now the Minister refer to issues in the negotiations and make no reference to the armed forces covenant. I would not want him to conclude his remarks without making reference to the importance of that issue and its full implementation in Northern Ireland. That is important to getting agreement.

Kris Hopkins Portrait Kris Hopkins
- Hansard - - - Excerpts

I thank the right hon. Gentleman for his intervention. I appreciate that this is about putting stuff on the record. I have a service record, and I have spoken to many councils during my time in Northern Ireland about the delivery of this issue. I will never shy away from making sure that our armed services and veterans have the best possible services. It is important that we constantly challenge people who are responsible for delivering that, and I assure the House that, so long as I hold my position, this issue will always be at the forefront of my mind.

The Bill will provide the framework for success, and we hope it will be the catalyst for the resumption of devolved government. With that in mind, I would be grateful if we proceeded with support across the House.

Question put and agreed to.

Bill accordingly read a Second time; to stand committed to a Committee of the whole House (Order, this day).

Northern Ireland (Ministerial Appointments and Regional Rates) Bill

(Limited Text - Ministerial Extracts only)

Read Full debate
3rd reading: House of Commons & Committee: 1st sitting: House of Commons & Report stage: House of Commons
Monday 24th April 2017

(7 years, 6 months ago)

Commons Chamber
Northern Ireland (Ministerial Appointments and Regional Rates) Act 2017 Read Hansard Text

This text is a record of ministerial contributions to a debate held as part of the Northern Ireland (Ministerial Appointments and Regional Rates) Act 2017 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

James Brokenshire Portrait The Secretary of State for Northern Ireland (James Brokenshire)
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I beg to move, That the Bill be now read the Third time.

I thank all right hon. and hon. Members who have contributed to today’s proceedings, which have provided valuable and important exchanges on the Bill. They have made very clear the unequivocal support of this Government and this House for devolved government in Northern Ireland. I extend my thanks to Her Majesty’s Opposition, to the Scottish National party and to all others for their support for the Bill, and for agreeing to its faster than usual passage through this House.

As we have heard, this Bill is short and modest in scope, but it provides the framework within which the parties may come together, reach agreement and, yes, form an Executive. If an agreement can be reached, it will give the parties the platform to convene the Assembly, appoint Ministers and get on with the resumption of devolved government. That is what the people of Northern Ireland voted for on 2 March, and it must remain the focus. This Bill will also provide the flexibility for an incoming Government to act in the best interests of Northern Ireland and the space for the parties to conclude a deal. I am very appreciative of the support of the House for this approach.

I was grateful, too, for the support there was for the Government taking the exceptional step of having this Parliament set a regional rate for Northern Ireland for this year. Although very much a step we had hoped to avoid, that is an essential move for securing greater financial certainty for individuals and businesses in Northern Ireland. It stands alongside the remarks I made on Second Reading about the budget situation in making it clear that this Government will always uphold their responsibilities on political stability and good governance in Northern Ireland.

In conclusion, I am grateful to all right hon. and hon. Members for their support for the passage of this Bill. I thank my officials for the support they have provided. I am also grateful for the support of the Northern Ireland civil service and of my hon. Friend the Member for Keighley (Kris Hopkins). The Bill provides the scope and space for a deal to be done, which is what businesses, community groups and individuals across Northern Ireland want to see. I am sure I speak for the whole of this House when I express my sincere hope that all sides use the opportunity this Bill provides to secure the resumption of devolved government in Northern Ireland at the earliest opportunity, and so I ask right hon. and hon. Members to support this Bill on its Third Reading.

Northern Ireland (Ministerial Appointments and Regional Rates) Bill

(Limited Text - Ministerial Extracts only)

Read Full debate
2nd reading (Hansard): House of Lords & 3rd reading (Hansard): House of Lords
Wednesday 26th April 2017

(7 years, 6 months ago)

Lords Chamber
Northern Ireland (Ministerial Appointments and Regional Rates) Act 2017 Read Hansard Text

This text is a record of ministerial contributions to a debate held as part of the Northern Ireland (Ministerial Appointments and Regional Rates) Act 2017 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Moved by
Lord Dunlop Portrait Lord Dunlop
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That the Bill be now read a second time.

Lord Dunlop Portrait The Parliamentary Under-Secretary of State, Northern Ireland Office and Scotland Office (Lord Dunlop) (Con)
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My Lords, the context for this short and simple Bill is very clear. Northern Ireland has enjoyed the longest unbroken period of devolved government since the old Stormont Parliament was dissolved in 1972. It is now nearly 10 years since full power was restored to the devolved institutions in Northern Ireland following a prolonged period of suspension. In these years Northern Ireland has taken important and positive steps forward. Northern Ireland is today a more peaceful and prosperous place than it was. Of course, there are still too many acts of wanton violence. Paramilitary activity and terrorism have not yet been eradicated from the streets of Northern Ireland, as we saw all too clearly with the placing of a significant bomb over the weekend by dissident republican terrorists next to a primary school in north Belfast. This is an outrage, putting innocent lives at risk. I pay tribute to the work of the police and other emergency services who work so hard to keep us all safe.

It is clear also that significant economic and social challenges remain to be overcome, so we are all united in this House and beyond in our desire to see the momentum of the peace process maintained. Momentum is what the people of Northern Ireland want their political leaders to deliver, whether here at Westminster or in Stormont. The continuation of strong and stable devolved government is what people voted for in large numbers in the recent Assembly elections. It is what they expect. It is what they deserve. We must not let them down, so protecting the interests of the people of Northern Ireland is at the heart of this simple, three-clause Bill—a Bill designed to ensure that every opportunity is given for an Executive to be formed so that the ratepayers of Northern Ireland do not suffer greater difficulty in managing their bills or that a gap does not open up in funding for essential public services.

It is ultimately the UK Government who have responsibility for maintaining political stability in Northern Ireland, and the Government take that responsibility very seriously. My right honourable friend the Northern Ireland Secretary has updated Parliament regularly in recent weeks. In doing so, he set out his intention to bring forward legislation with two aims in mind: to provide the legal basis for an Executive to form and to set a regional rate to enable that important source of revenue to be collected. In the final full week of this Parliament, the time is right to deal with both those matters, providing greater certainty for the people of Northern Ireland and creating the opportunity for the parties to come together to secure the resumption of devolved government. The way in which this Bill deals with the latter issue takes into account the reality of the forthcoming general election.

I know that the House understands very well the background leading up to today’s Bill. The collapse of the previous Executive in January placed a duty on the Northern Ireland Secretary to set a date for a further election. He did so in January, with the election held on 2 March. Since then, the Secretary of State has been engaged in talks with the political parties and, as appropriate, the Irish Government, in accordance with the well-established three-stranded approach. These talks have had one clear purpose: to re-establish an inclusive devolved Administration in line with the 1998 Belfast agreement and its successors.

When the new Assembly sat for the first time on 13 March, it set in train a 14-day deadline under the Northern Ireland Act 1998 for an Executive to be formed. That deadline, however, came and went on 27 March. The failure to form an Executive within the prescribed period meant that my right honourable friend was placed under a further duty to set a date for another election. At that point, it was no longer possible for an Executive to form without either another election or new legislation specifically enabling Ministers to be appointed to an Executive.

With talks under way and a realistic prospect of an agreement being reached, to have called another Assembly election would not have been appropriate—a view widely shared, not least by many in this House. Therefore, following consultation with the parties and the Irish Government, the Secretary of State convened a further phase of intensive round tables in the 10 days before Easter.

Progress was made on several fronts during that phase on the formation of an Executive, on the budget and on the programme for government. There was progress too in terms of legacy. Constructive discussions took place with all the parties on the detail of the legacy institutions set out in the Stormont House agreement and the need to reform legacy inquests. As my right honourable friend said on Monday in the other place:

“Although no one will underestimate the challenge of addressing the legacy of the past, the proposals are now sufficiently developed that the next step should be to publish them for consultation”.—[Official Report, Commons, 24/4/17; col. 918.]


In that way, we can listen to the views of victims and survivors and all those who will be most affected by the proposed new institutions.

However, looking at the talks as a whole, it was clear that outstanding issues remained to be resolved and that a period of reflection was necessary to give the impetus for discussions to reach a successful conclusion. As a result, the talks were paused over Easter and, since then, meetings have continued between the parties.

The Government are clear that the restoration of devolved government remains achievable and the absolute priority. However, that will require more time and more focused engagement by the parties on the critical issues that remain, building on the discussions over the course of the past eight weeks. The Government’s hope, and wish, is that the parties can use this period to build on the progress made so far. This is particularly important given that, with an election on 8 June, if a deal is not reached now, the people of Northern Ireland will be faced with nearly six months without an Executive.

The Bill before this House today would provide the space, and the opportunity, for the parties to do just that. The Government consider this to be the most practical way forward for the people of Northern Ireland in the current circumstances. It is an approach that recognises the current focus on the general election and provides the scope for the parties to continue discussions and to resolve outstanding issues, while providing time for an incoming Government to consider their options if a deal does not prove possible before the election. This gives the best possible opportunity for restoring a strong, stable and inclusive devolved Government. I take this opportunity to place on record my gratitude to the parties opposite for their constructive and positive engagement during the process leading up to this point, and for their support for the measures we are proposing today.

Moving to the substance of the Bill, as I have said, Clause 1 would remove the present legal barrier to an Executive being able to form to enable any deal reached to be implemented. It would retrospectively reset the 14-day clock in the Northern Ireland Act 1998, which expired on 27 March, with a 108-day period, removing the present duty that the Northern Ireland Secretary is under to set a date for an election, with this arising again at 4 pm on Thursday 29 June. After that time, as now, an Executive would no longer be able to form. To be clear, this extension applies to the specific circumstances following the last Assembly elections and does not represent a more fundamental change to the Northern Ireland Act 1998. It will provide the space in the current circumstances for an Executive to form, making clear that the parties are not absolved of their responsibility to make progress.

Let me reiterate the point that if a deal was not already in place, it would provide a period for further talks in the new Parliament, allowing the parties to take stock and move forward. It would mean also that if a deal is not struck, there is a period for the new Government to properly consider the way forward. That is important. In the absence of a deal there will be significant decisions to be made in the new Parliament to provide political stability in Northern Ireland. None of us hopes to face that situation, and this Bill is intended to provide the framework to avoid that outcome. I hope, as I am sure the whole House does, that the parties will seize the opportunity, whether in the coming weeks or soon after, to deliver the Executive for which they have such a clear mandate to secure.

I turn now to Clause 2 on the regional rates. Two acute issues of financial uncertainty are caused by the lack of an Executive. The first is the absence of a 2017-18 regional rate, which represents more than 5% of the total revenue available to the Northern Ireland Executive. Normally this would have been set by the Department of Finance earlier this year via an affirmative rates order in the Assembly. This would have enabled bills to be issued in 10 instalments, giving certainty to ratepayers and allowing various payment reliefs to be applied. However, time has nearly run out for that course. If no rate is set in the next few days, there will be fewer bill instalments of higher amounts, and the longer it takes to set a rate, the worse that situation would become. The only outcome would be bad debt, lost revenue, uncertainty and hardship. Therefore, while we are clear that this is a devolved matter, we are clear also that in the current circumstances only the UK Government can take action to secure the interests of individuals, businesses and indeed the Executive.

Clause 2 addresses this issue by setting a 2017-18 regional rate in Northern Ireland. It does so by setting “pence per pound” rates for both domestic and non-domestic properties. These rates represent a 1.6% inflationary increase, the same approach as was taken by the Executive in setting a rate the year before. As we make clear in Clause 2(4) and (5), it would not cut across the continuing right of the Executive to set a rate by order in the usual way. This would be the most limited step available to us, taken at a point beyond which we cannot delay.

The second financial matter is the lack of a 2017-18 budget. Its absence has meant that since the beginning of this month, civil servants alone have been in charge of allocating cash, which is by no means a solution for the longer term. Before Easter, therefore, the Secretary of State made it clear that he would provide further assurance in this regard if an Executive were not in place, reflecting the UK Government’s ultimate responsibility for political stability in Northern Ireland. The Secretary of State has now provided that assurance in the other place.

First, he has indicated that the Government would be prepared, as a last resort, to pass an appropriation Act in the next Session to provide legislative authority for the expenditure of Northern Ireland departments. Secondly, the Secretary of State has published a Written Ministerial Statement, following the advice of the Northern Ireland Civil Service, setting out indicative departmental allocations. These reflect the budget priorities and decisions of the previous Executive and provide a basis for allocations in the absence of an Executive. These totals would not constrain the future freedom of an incoming Executive to amend expenditure allocations.

These are not steps any Government would take lightly. However, they reflect the duty Parliament owes to the people of Northern Ireland and the Government’s ultimate responsibility, as I say, for political stability and good governance. By passing this Bill we can provide the scope and space for a deal to be done by the parties. The Government will continue to work intensively to secure that outcome in the critical weeks to come. That is what the people of Northern Ireland voted for and it is what businesses, community groups and individuals across Northern Ireland want to see. It is what this Bill seeks to deliver and I beg to move.

--- Later in debate ---
Lord Dunlop Portrait Lord Dunlop
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My Lords, first, I thank all noble Lords who have contributed to today’s proceedings, providing valuable and important exchanges on the Bill. I very much agree with what the noble Lord, Lord Murphy, said. Today, we have heard great wisdom from noble Lords across the House, as I think is always the case when we have debates about Northern Ireland.

A theme of the debate has been that this is not where any of us wanted to be but it is where we are, frustrating though that is, as the noble and right reverend Lord, Lord Eames, rightly said. I think that there is broad agreement across the House on the steps that the Government are taking today. Another theme that has come across very strongly is that, in searching for solutions to restore devolved government in Northern Ireland, there is a need to show imagination and creativity. That was mentioned by, among others, my noble friend Lord Trimble, the noble Lords, Lord Empey and Lord Alderdice, and my noble friend Lord Cormack.

I extend my thanks once again to the parties opposite and to all others for their support for the Bill and agreeing to its faster than usual passage through this House. As we have heard, the Bill is short and modest in scope, but it provides the framework within which the parties may come together, reach agreement and form an Executive. That is what the people of Northern Ireland voted for on 2 March, and it must remain the focus. This Government will always uphold their responsibilities on political stability and good governance in Northern Ireland. That is why the Bill provides the flexibility for an incoming Government to act in the best interests of Northern Ireland and the space for the parties to conclude a deal. I am very appreciative of the support of the House for this approach.

I was grateful too for the support there was for the Government taking the exceptional step of having this Parliament set a regional rate for Northern Ireland for this year. Although very much a step we had hoped to avoid, it is an essential move for securing greater financial certainty for individuals and businesses in Northern Ireland.

I turn now to some of the specific points raised during the debate. Obviously, one important theme was the question of where the talks go from here and what that will mean for deadlines and creative solutions. These issues were raised by the noble Lords, Lord McAvoy, Lord Browne, Lord Empey, Lord Trimble and Lord Lexden, and the noble Baroness, Lady Suttie. It is very important that we do not absolve the parties in Northern Ireland of their responsibilities to resolve their differences. The Secretary of State will be meeting the parties tomorrow to consider the way forward. That is the right moment to consider how best to proceed.

Of course the UK and Irish Governments will continue to maintain contact during the election period in line with the three-strand approach, and of course the Northern Ireland Office will continue to be prepared to uphold the UK Government’s responsibilities during the pre-election period. As I have said, the Bill provides the necessary space for agreement to be reached, and that is where the focus should rightly be.

However, this process cannot drag on indefinitely. Clearly, if no agreement is reached then an incoming Government would have to look at the full range of options available. I am sure that any Government coming in after the election would want to examine any creative solutions that are on the table. As has been said by others in this debate, nobody wants a return to direct rule. We want a return to strong and stable devolved government in Northern Ireland.

Brexit has been mentioned, as has the priority that the Government attach to Northern Ireland issues. As we have debated in the past in this Chamber, Northern Ireland clearly has unique interests and those interests are an absolute priority for the Government and the Prime Minister. That was reflected in the Prime Minister’s Article 50 letter, and the Government are encouraged by the priority that has been shown in the draft EU negotiating guidelines, which reciprocate the priority that the Government themselves attach to Northern Ireland issues. As we have discussed and debated many times before, no one wants a return to hard borders, and we want to maintain the momentum of the peace process.

Mention was made of the general election—how could we avoid it? The Prime Minister is seeking a strong mandate to deliver the best possible deal, not just for Northern Ireland but for the UK as a whole.

Representing the interests of Northern Ireland is absolutely why we need the Northern Ireland Executive to be re-formed and get up and running again. In the meantime, the Northern Ireland Office will continue to champion the interests of Northern Ireland in discussions in Whitehall. We have been actively engaging with stakeholders across Northern Ireland to make sure that we understand and represent those interests effectively.

Legacy was mentioned by the noble Lord, Lord McAvoy, and the noble and right reverend Lord, Lord Eames. The Secretary of State for Northern Ireland is absolutely clear that we should move to a period of public consultation. Clearly, the timing of this will be a matter for an incoming Government after 8 June, but there is widespread agreement that the current situation is unsatisfactory and we must find a better way—and better outcomes—for victims and survivors that is fair, balanced and proportionate.

On the issue of rates, I can confirm that all the parties were consulted on the approach to the rate and the Government’s approach has been informed by advice from the Northern Ireland Civil Service, in line with scenarios that were provided by officials in the Northern Ireland Civil Service to the political parties. On the resources available to local councils, I reassure the House that any delay in setting a rate has not interrupted the income of local councils.

In conclusion, I am grateful to all noble Lords for their support for the passage of the Bill and I thank my officials for the support they have provided. I am also grateful for the support of the Northern Ireland Civil Service. As I have said, the Bill provides the scope and space for a deal to be done, which is what businesses, community groups and individuals across Northern Ireland want. I am sure that I speak for the whole House when I express my sincere hope that all sides use the opportunity that the Bill provides to secure the resumption of devolved government in Northern Ireland at the earliest opportunity. I ask the House to give this short and simple Bill a Second Reading.

Bill read a second time. Committee negatived. Standing Order 46 having been suspended, the Bill was read a third time and passed.