Northern Ireland (Executive Formation) Bill
(Limited Text - Ministerial Extracts only)
Read Full debateWednesday 22nd February 2023
(1 year, 9 months ago)
Commons ChamberNorthern Ireland (Executive Formation and Organ and Tissue Donation) Act 2023 Read Hansard Text Watch Debate Amendment Paper: Committee of the whole House Amendments as at 22 February 2023 - (22 Feb 2023)
This text is a record of ministerial contributions to a debate held as part of the Northern Ireland (Executive Formation and Organ and Tissue Donation) Act 2023 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
The Secretary of State for Northern Ireland (Chris Heaton-Harris)
I beg to move, That the Bill be now read a Second time.
More than a year has passed since the then First Minister of Northern Ireland resigned. Twelve months and one Assembly election later, people in Northern Ireland still do not have the strong devolved Government that they deserve. In the absence of those institutions, this Government have stepped in to protect the interests of the people of Northern Ireland. We have set a budget, delivered vital energy support funding and legislated to provide clarity on the decision-making powers of Northern Ireland civil servants to enable them to maintain public service provision. However, on each of those occasions, I have stood at this Despatch Box and expressed my deep disappointment that we still await the return of a functioning Assembly and Executive. I wish to restate that profound disappointment once again.
The restoration of the Executive, in line with the Belfast/Good Friday agreement, remains my top priority. I will continue to do everything I can to make that happen and to help the Northern Ireland parties to work together to do so equally. It was on that basis that we legislated last autumn to extend the Executive formation period through the Northern Ireland (Executive Formation etc) Act 2022. Since that period ended in January 2023, I have again been under a statutory duty to call an Assembly election, which would have to be held within 12 weeks—on or before 13 April.
I have spent time engaging with Northern Ireland political and community leaders, assessing the options available to me. I have also spoken to the Opposition spokesperson, the hon. Member for Hove (Peter Kyle), and I appreciate his advice and guidance. It remains my view that a further Assembly election at this time would be unwelcome and expensive and, crucially, it would bring us no closer to our objective of delivering fully functioning devolved institutions.
At this critical juncture, the best approach to facilitating the return of those institutions is built on flexibility, to allow time and space for negotiations on the Northern Ireland protocol between the UK and EU to continue, and to promote collaboration by the parties in Northern Ireland to form a Government, not to compete in an unwelcome election. On that note, I will briefly summarise the overall intention of the Bill.
Simon Hoare (North Dorset) (Con)
In order to concentrate the minds of those who hold the future of devolution in their hands, could I invite my right hon. Friend to confirm that joint authority and direct rule are not on his direct agenda, but that making sure that devolution works is front and centre?
Chris Heaton-Harris
I can confirm those points 100%.
This is a short Bill, and I propose to time my remarks accordingly. I will merely outline the Bill at this stage and save my discussion of the mechanics of its two clauses for Committee, which I hope will commence shortly. Having said that, I hope the House will permit me to pause and express my gratitude to Opposition Members and, indeed, everyone involved for their continued cross-party approach to delivering key legislation in Northern Ireland. I am grateful to the shadow Secretary of State for Northern Ireland, the hon. Member for Hove, for engaging thoughtfully with me on a number of occasions ahead of the Bill’s introduction.
The Bill will provide for a one-year retrospective extension to the Executive formation period from 19 January 2023, which means that, if the parties are unable to form an Executive on or before 18 January 2024, I will again fall under a duty to call for an Assembly election to take place within 12 weeks. However, as I said earlier, I believe flexibility is the order of the day if we are to play our part in encouraging and facilitating the return of the institutions.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
The Chair of the Select Committee prompts me to reflect that I am one of the handful of people here who had an active part in the last period of direct rule, in about 2004 or 2005. It was just about the most inadequate procedure imaginable, which is a high bar to clear in this place. Ultimately, without a functioning Assembly, and without direct rule or joint authority, the people who lose out are not the politicians, but the people who rely on public services.
Chris Heaton-Harris
The right hon. Gentleman is completely right that the people of Northern Ireland end up suffering from not having functioning institutions working for them.
The Bill provides me, as Secretary of State, with the important ability to call an early election, provided that offices have not been filled. Taken together, these provisions represent a delicate balance. Eventually, if the political impasse in Northern Ireland continues, people in Northern Ireland will rightly expect to return to the polls to have their say. However, the prospect of forcing an election when it would be unwelcome or unhelpful runs contrary to our goal of providing the time and space we need for our negotiations with the European Union on the protocol to continue to develop, and for an Executive to form.
Members with a keen eye for detail will no doubt have noticed that, unless an early election is called, the extension provided for by the Bill will run past the date on which the decision-making provisions contained in the Northern Ireland (Executive Formation etc) Act 2022 lapse, namely, 5 June 2023. During the Act’s passage late last year, we were clear that the current governance arrangements were not a sustainable long-term solution. I am therefore keeping those arrangements under review, in the continued absence of fully functioning devolved institutions, but I sincerely hope that an Executive are in place before those arrangements expire.
In the meantime, the provisions of the 2022 Act and its accompanying guidance provide Northern Ireland civil servants with the clarity they need on how and when they should be taking decisions. The decisions they have been taking under the 2022 Act are being published to ensure complete transparency. I am truly grateful for the work of Northern Ireland civil servants in making use of those provisions to maintain public services in Northern Ireland, but, as I have said many times, the right people to take those decisions are locally elected politicians, who should be doing their jobs in an Executive. The current arrangement is not and can never be a substitute for fully functioning devolved institutions.
I know everyone in this House has been deeply moved by the courage shown by a very young man, Dáithí Mac Gabhann. He and his whole family have fought for the implementation of organ donation changes. I recently met Dáithí and his family, and I met them again this morning. I am incredibly moved by his story and by his family’s dedication to seeing this important change to the law on organ donations in Northern Ireland implemented as quickly as possible.
I am a bit of a stickler for how we do things in this place, and I would never want to go against “Erskine May,” but Dáithí and his family are with us in the Gallery today. I am sure hon. Members will wish to join me in welcoming him and commending the whole family for their valiant efforts. They should not need to be here today to see this change, as the Assembly could and should have convened to take this across the finish line.
As I said in my letter to the Northern Ireland parties, they continue to have it within their power to recall the Assembly and deal with secondary legislation such as the regulations in this case. That would only require Members of the Legislative Assembly to work together to elect a Speaker—not necessarily to nominate a First Minister and a Deputy First Minister—but I was disappointed that the opportunity to do that was not taken during the Assembly recall last Tuesday. However, I recognise this issue is exceptional both in its sheer importance and in the cross-party support it commands, both in Northern Ireland and in this House. On that basis, the Government spent a lot of time with the lawyers. We have been able to table important amendments to this Bill to facilitate those changes, to be taken forward in the Assembly in the continued absence of a Speaker.
Ian Paisley (North Antrim) (DUP)
It is commendable that Dáithí and his family are here, and it is wonderful that the Government are doing the right thing. This law will now be in place faster than if the Northern Ireland Assembly were sitting, which is one of the peculiarities of the politics in which we live. We should not make political points on this. It is right and proper that it has been done for children across the United Kingdom who need organ donations, for which I thank the Secretary of State .
Chris Heaton-Harris
I thank the hon. Gentleman for his kind words. He is right that this is not a matter of politics. I know it is the family’s wish that the Bill is operational by the spring and that is what we will be able to achieve.
Jim Shannon (Strangford) (DUP)
I thank the Secretary of State for introducing this Bill, and I thank Dáithí’s family, who are in the Gallery. The Bill will make organ donation an opt-out law in Northern Ireland, just as it is on the UK mainland. That is what we want: equal laws across the whole United Kingdom. As a result of the good work and commitment of the Secretary of State and the Government, we will now have an equal law. We all support an opt out on organ transplants.
Colum Eastwood (Foyle) (SDLP)
I am also grateful to the Secretary of State for taking this action. I commend him and all the politicians who got us here, but does he agree that the real thanks and praise should go to Dáithí and his family for their fantastic campaign? It has been an extraordinary campaign, and they all deserve great praise.
Chris Heaton-Harris
Indeed. When I spoke to Dáithí earlier, I asked him whether he fancied his chances of being elected to this House and trying to put us all straight. A bit of common sense would probably go a long way in our dealings, and he and his family have displayed it in huge quantities.
Dáithí also met Mr Speaker and is now the proud owner of a Speaker teddy bear. I could make so many jokes, but I would never be called again if I went down that route. I know that he and his father Máirtín enjoyed meeting Mr Speaker. This change goes to show what can be done in politics when everybody comes together.
I will save my remarks on the technical details of the amendments for Committee, which I hope will commence shortly.
I have spoken a decent amount about the Bill’s dates and timelines, so I will conclude my remarks by noting an anniversary of which hon. and right hon. Members on both sides of the House are keenly aware—the upcoming 25th anniversary of the Belfast/Good Friday agreement. Members throughout the House will doubtless join me in celebrating the progress that Northern Ireland has made since that historic agreement, which has served as an example of peacebuilding across the world. Looking back on the signing of the agreement, and the great strides that Northern Ireland has made since then, gives me a great deal of optimism, but I am also struck by the huge importance of delivering the functioning devolved institutions that the people of Northern Ireland endorsed by voting for it.
This Government will always seek to implement, maintain and protect the Belfast/Good Friday agreement, and, as I said in my opening remarks, the restoration of the Executive therefore remains my top priority. The Bill will help to bring that about by avoiding an unwelcome election and providing space for the parties to work together to end the current impasse, but, of course, the Bill alone will not be enough to achieve that. We now need all Northern Ireland’s locally elected leaders to work together once again to make the most of the opportunity that it presents. I hope that they will take their cue from those who went before them and secured the Belfast/Good Friday agreement, and display the co-operation, courage and leadership that are needed to deliver functioning devolved government in Northern Ireland.
Karin Smyth (Bristol South) (Lab)
The British-Irish Parliamentary Assembly, of which I am a vice-chair, will meet for a session in Stormont in early March—led by the right hon. Member for Staffordshire Moorlands (Karen Bradley), who is not in the Chamber—bringing together people across the jurisdictions and across all parties, as happened before 1998. Those informal ties are very important, but it is also important that parliamentarians on all sides understand where we have come from and, crucially, look forward to where we are going. Will the Secretary of State endorse that aim, and encourage Members in all parts of the House to become more involved in cross-jurisdictional organisations so that we can understand each other and get ourselves out of the current impasse?
Chris Heaton-Harris
Yes, 100%. The fact that people have not been able to meet face to face and build those relationships over a period is probably one of the hangovers of covid. The hon. Lady is entirely correct, although there is a different group of people I would rather see sitting in Stormont at this time, and I very much hope that that will be the case in the not too distant future.
Gavin Robinson (Belfast East) (DUP)
The Secretary of State is right to say that Northern Ireland will succeed when our local politicians work together. We have done so in the past, and we have overcome much greater difficulties than this in the past. However, this issue is not about us; it is about what has been imposed upon us. Does the Secretary of State recognise that while all of us in Northern Ireland, collectively, will serve our people, it has been the case for too long in London that the personalities may change but the playbook does not? Too many consider Northern Ireland politics to be but a game, although for us—for all of us, across communities—it is too important to be treated as a political game. I say that in the aspiration and hope that the Secretary of State recognises that what we have had for the past few years is not good enough, and that the determination to crack the protocol and the impositions that are plaguing all communities in Northern Ireland will resolve those issues.
Chris Heaton-Harris
I hope the hon. Gentleman does not mind if I gently push back. I have yet to meet anyone in Government who thinks that the politics of Northern Ireland, and the people of Northern Ireland, are anything to do with a game. This Government take their responsibilities for every part of the Union, including and especially Northern Ireland, unbelievably seriously, and I hope we will be able to demonstrate that, with the hon. Gentleman, in the coming days and weeks.
Shailesh Vara (North West Cambridgeshire) (Con)
I can give, on a personal level, the assurance that those of us who have been involved with Northern Ireland politics take it seriously. Some of us actually resigned from the Northern Ireland Office and sacrificed our ministerial careers because we cared passionately about Northern Ireland, and it is certainly not a game from the viewpoint of many of the Ministers who have served there—and most certainly not a game from the viewpoint of this Minister who resigned on principle.
Chris Heaton-Harris
The former Secretary of State has, in his own words, described the seriousness with which everyone takes Northern Ireland and its politics, and especially its people—and those people in Northern Ireland want their locally elected representatives to go back to work. So do I, and so, I believe, does everyone in the House, notwithstanding the tiny bit of work that we have to do with our European Union partners. This Bill will lay the groundwork for that to happen, and I therefore commend it to the House.
Madam Deputy Speaker (Dame Rosie Winterton)
May I add my own warm welcome to our very special guest Dáithí and his family?
I now call the shadow Secretary of State.
Chris Heaton-Harris
With the leave of the House, I would like to reply to the debate. Let me extend my thanks to all those who have contributed. I will answer as many of the points raised as I can. I am always struck by the deep sense of regard and affection for Northern Ireland displayed by right hon. and hon. Members when we have debates on subjects to do with Northern Ireland, and today was no exception. The shadow Secretary of State asked me some sensible questions—
Chris Heaton-Harris
Yes, actually, as always, which is nice for me. We remain committed to all parts of the Belfast/Good Friday agreement, as he would expect. He surprised me: I did not know the stats on the percentage of Bills going through the House that are Northern Ireland related, and he is correct—the number is way too large, and it should not be that way. The Northern Ireland Protocol Bill is proceeding, but the Government would very much prefer to get a negotiated settlement that works for all. Really that should not need saying, but I will say it once again. The former Government Chief Whip in me tells me that the House will always find a way to have its say on anything that the Government or the Executive do, and I am absolutely sure that that will be the case here.
Debbie Abrahams
The Secretary of State will have heard my intervention on my right hon. Friend the Member for Leeds Central (Hilary Benn). Can he reassure the House on the issue that I raised about the review of the medicine Roaccutane, which was completed in 2021 but has not been published because of the Northern Ireland protocol, according to the Medicines and Healthcare products Regulatory Agency? Will that be included in any new protocol?
Chris Heaton-Harris
I admit that I was unaware of that case, but I like to think that we would address all the significant issues that occur around medicines in general. I am afraid that the hon. Lady will have to wait, as will everyone else, for the conclusion of the ongoing talks and negotiations.
My right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson) made a number of points with which I concur, and I look forward to our continued conversations. He spoke of a “Taste of Northern Ireland” event that he attended on Monday evening, which alas, because of other matters—he might guess what they were—I could not attend. I was provided, however, with some of the products that I could have tasted had I been able to attend. It must have been a very warm evening in the Jubilee Room, because most of the liquid in the bottle of Irish whiskey that I was sent seemed to have evaporated. I hope that I can have a taste of the wee dram that remains when I finish with dry February.
Sir Jeffrey M. Donaldson
I thank the Secretary of State for his reference to the Taste of Ulster event. The distillery that presented the whiskey is Hinch Distillery in my constituency, and the Secretary of State would be more than welcome to come with me on a visit. I am sure that we can replenish that which he has lost.
Chris Heaton-Harris
That is genuinely very kind of my right hon. Friend, and I add just a small sidebar to my officials: please clear the diary for 24 hours after that.
I always enjoy the contributions made by the right hon. Member for East Antrim (Sammy Wilson). I remember our weekly meetings when I was Government Chief Whip. He was Chief Whip of the DUP, and he would come in and tell me exactly what was going on. He will know that I completely understand his, and his party’s, position. In his usual timid, shy way, he reminded us of the importance of sorting out the issues with the protocol, and he is not wrong. I hope he will forgive me for gently pushing back on what he said about civil servants in the Northern Ireland Office. They are good—some of the best in Government—and if mistakes or decisions are made that he does not like, that is not down to them. Advisers advise; Ministers decide. Any mistakes are mine.
There were a whole host of other very good contributions, and a lot was said about a young man who is here with us, aged six, who I think will make some history today as we move forward with these proceedings.
Question put and agreed to.
Bill accordingly read a Second time.
Northern Ireland (Executive Formation) Bill
(Limited Text - Ministerial Extracts only)
Read Full debateWednesday 22nd February 2023
(1 year, 9 months ago)
Commons ChamberNorthern Ireland (Executive Formation and Organ and Tissue Donation) Act 2023 Read Hansard Text Watch Debate Amendment Paper: Committee of the whole House Amendments as at 22 February 2023 - (22 Feb 2023)
This text is a record of ministerial contributions to a debate held as part of the Northern Ireland (Executive Formation and Organ and Tissue Donation) Act 2023 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
The Secretary of State for Northern Ireland (Chris Heaton-Harris)
It is a pleasure to see you in the Chair today, Dame Rosie, and to move seamlessly to Committee of the whole House on this important Bill. I will speak to the two short clauses comprising the Bill, and to the Government amendments selected for debate following the motion of instruction that was agreed to a few moments ago. A number of amendments were tabled that were similar in intention to the Government amendments. Based on the conversations that we have had, I would like to think that they will not be pressed to a Division, because we will get the job done.
Clause 1 amends section 1 of the Northern Ireland (Executive Formation etc) Act 2022 and section 16A of the Northern Ireland Act 1998 to retrospectively extend the period for filling ministerial offices after the elections held on 5 May 2022 by a further 52 weeks, so that it applies from 19 January 2023 until 18 January 2024. That means that if the parties are unable to form an Executive on or before 18 January 2024, I would again fall under a duty to call for an Assembly election to take place within 12 weeks. The clause also provides the Secretary of State with a discretionary power to propose a date for a poll at any time within the extended period for Executive formation. Clause 2 is consequential and concerns the Bill’s extent, commencement and short title.
The Government amendments all relate to organ donation in Northern Ireland, were tabled ahead of Second Reading, and were selected for consideration by the Committee on foot of the Government’s motion of instruction a few moments ago. I will speak chiefly to Government new clause 2, as the remainder of the amendments are simply consequential. New clause 2 and its consequential amendments would insert a new clause to amend the procedure for making regulations under section 3(9)(a) of the Human Tissue Act 2004 while no Presiding Officer or deputy is in post. This change would mean that the relevant regulations would be subject only to the negative resolution procedure by the Northern Ireland Assembly.
In short, the clause and its consequential amendments would allow for the regulations needed to give effect to Dáithí’s law without need for the election of a Speaker. Obviously, I want an Assembly in place, which could have done this, but as hon. Members from across the House have said, this issue is so important that it warrants an exceptional intervention from the Government. I therefore hope and expect right hon. and hon. Members to support the five Government amendments, and to allow the Assembly to take Dáithí’s law across the line. I stress the word “exceptional” once again. It continues to be my sincere hope that we will see the return of the institution sooner rather than later.
My short remarks reflect the length of the Bill, but I hope that I have provided the Committee with sufficient detail on what the Government are seeking to do through it, and through the amendments that we have tabled. I look forward to hearing Members’ contributions, and will endeavour to respond to as many points as possible when I wind up—shortly, all being well.
Tonia Antoniazzi (Gower) (Lab)
It has been only a few minutes since I last spoke about the Bill, but I am sure that colleagues are delighted to hear from me again. Joking aside, the swift passage of this Bill is an essential step to getting a fully functioning Executive in Northern Ireland, which, as we have heard from colleagues from across the House, is desperately needed. In my role as shadow Minister, I am starting to feel a little as though it is groundhog day: I again find myself offering cautious support to a Bill from the Northern Ireland Office—a Bill that we are discussing only because of the failure to form an Executive in Stormont, and that should not need to come before this House at all. The people of Northern Ireland are contending with a vast democratic deficit that must be rectified. I sincerely hope that this Bill is the last of its kind that we discuss in this House.
The shadow Secretary of State, my hon. Friend the Member for Hove (Peter Kyle), has already offered our support for Dáithí’s law—a shining example of what can be achieved when devolution in Northern Ireland is working, and a reminder of what its dysfunction can delay. Dáithí’s law should have passed months ago at Stormont, but I am proud that we are making it a reality today. It is possible only because of the dedication of campaigners from across communities in Northern Ireland, who have shown how powerful their collective voices are. I again pay tribute to their unending energy and drive to ensure that this law becomes a reality.
Tradition says that a shadow Minister’s speech should end with a final line directed at their opposite number on the Government Benches, but mine will not do that today, because, frankly, I think the Minister has got the message. I thank Dáithí, who is an inspirational little boy. I am not sure he knows yet quite how much of a difference he and his family have made across Northern Ireland. Frankly, he has made history.
Chris Heaton-Harris
I beg to move, That the Bill be now read the Third time.
I thank my officials and others for their help with this legislation.
Question put and agreed to.
Bill accordingly read the Third time and passed.
Mr Deputy Speaker (Mr Nigel Evans)
Congratulations, everybody—particularly those in the Public Gallery.
Northern Ireland (Executive Formation and Organ and Tissue Donation) Bill
(Limited Text - Ministerial Extracts only)
Read Full debateMonday 27th February 2023
(1 year, 8 months ago)
Lords ChamberNorthern Ireland (Executive Formation and Organ and Tissue Donation) Act 2023 Read Hansard Text Watch Debate Amendment Paper: Committee of the whole House Amendments as at 22 February 2023 - (22 Feb 2023)
This text is a record of ministerial contributions to a debate held as part of the Northern Ireland (Executive Formation and Organ and Tissue Donation) Act 2023 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
Lord Caine
That the Bill be now read a second time.
Relevant document: 26th Report from the Delegated Powers Committee
The Parliamentary Under-Secretary of State, Northern Ireland Office (Lord Caine) (Con)
My Lords, before I turn to the main business, it is only right that I invite the House to join me in condemning unreservedly the despicable and cowardly attack on DCI John Caldwell on Wednesday evening. The terrorists who commit such evil acts are not wanted by society and they will never succeed in their objectives; democracy and consent will always prevail in Northern Ireland. The people of Omagh and Beragh spoke for us all over the weekend when they rallied together to say there can be no going back. Our thoughts and prayers are with DCI Caldwell, his family and his colleagues—some of whom I met at Omagh police station on Thursday morning—at this terrible time.
Over a year has passed since the then First Minister of Northern Ireland resigned his post. Twelve months and one Assembly election later, people in Northern Ireland still do not have a properly functioning Government, as set out in the Belfast agreement and subsequent agreements. In the absence of those institutions, this Government have stepped in to protect the interests of the people of Northern Ireland. We have set a Budget, delivered vital energy support funding of £600 per household and legislated to provide clarity on the decision-making powers of Northern Ireland civil servants to enable them to maintain public service provision.
On each of those occasions, I have stood at this Dispatch Box and expressed my deep disappointment that we still await the return of a functioning Assembly and Executive. I wish to restate that profound disappointment once again today. The restoration of the Executive, in line with the 1998 agreement and its successors, remains the Government’s top priority. It was on that basis that we legislated last autumn to extend the Executive formation period through the Northern Ireland (Executive Formation etc) Act 2022. Since that period ended in January 2023, the Secretary of State has once again been under a statutory duty to call an Assembly election, which would have to be held within 12 weeks—on or before 13 April this year.
We have spent some time since then engaging with Northern Ireland’s political and community leaders, assessing the options available to His Majesty’s Government, and it is the Government’s conclusion that a further Assembly election at this time would be unwelcome and expensive and, crucially, would bring us no closer to our objective of delivering fully functioning devolved institutions. On that note, I will briefly summarise the overall intention of the Bill. Before I do so, I again express my gratitude to the Benches opposite, including to the noble Lord, Lord Murphy of Torfaen, and the noble Baroness, Lady Suttie, for the cross-party approach that they continue to take in relation to the delivery of key legislation for Northern Ireland.
The Bill itself will provide for a retrospective extension of the Executive formation period of one year from 19 January 2023, meaning that, if the parties are unable to form an Executive on or before 18 January 2024, the Secretary of State will again fall under a duty to call an Assembly election to take place within 12 weeks. We believe, however, that flexibility is necessary if we are to play our part in encouraging and facilitating the return of the institutions. On that basis, the Bill will also provide the Secretary of State with the power to call an earlier election, providing that offices have not been filled.
Taken together, these provisions represent a delicate balance. Eventually, if the political impasse in Northern Ireland continues, people will rightly expect to return to the polls and have their say. The prospect, however, of forcing an election when that would be unwelcome or unhelpful would, in our view, run contrary to our broader goal of forming an Executive.
Noble Lords with a keen eye for detail will have noticed that, unless an earlier election is called, the extension provided by this Bill would run past the date on which the decision-making powers contained in the Northern Ireland (Executive Formation etc) Act 2022 will lapse: namely 5 June 2023. We are therefore keeping those arrangements under review, in the continued absence of devolved government, but we sincerely hope that an Executive will be in place before these arrangements expire.
In the meantime, the provisions of the 2022 Act and its accompanying guidance provide civil servants with the clarity that they need on how and when they should be taking decisions. The decisions that have been taken by civil servants using the 2022 Act are being published to ensure transparency. We are grateful for the work that Northern Ireland civil servants are doing in making use of those provisions. The current arrangements are not, however, and never can be, a substitute for a fully functioning devolved Government.
I will speak briefly to the amendments the Government brought forward in the other place that now form part of the Bill. I know that all of us in your Lordships’ House have been deeply moved by the courage shown by Dáithí Mac Gabhann and his whole family in fighting for the implementation of organ donation changes. The Secretary of State, my right honourable friend Chris Heaton-Harris MP, has met Dáithí and his family. He was incredibly moved by his story and by the family’s dedication to seeing important changes to the law implemented as quickly as possible.
As a Government we have recognised that this issue is exceptional, both in the sheer importance it holds and the cross-party support it commands both in Northern Ireland and in this House. Clause 2 will therefore change the procedure for making regulations defining permitted material for transplantation in Northern Ireland under Section 3 of the Human Tissue Act 2004, as amended by the Organ and Tissue Donation (Deemed Consent) Act (Northern Ireland) 2022. This would allow regulations to be made in the absence of devolved institutions regarding rules for organ donation.
Before I conclude, I will make a very short statement on legislative consent, which is required in relation to the section on organ and tissue donation. Clearly, we have been unable to secure an LCM, a legislative consent Motion, from the Northern Ireland Assembly, given that it is currently not sitting—indeed, if it was sitting, we would not have needed this Bill, but its continued absence, and that of the Executive, mean we have to take action here.
I have spoken this afternoon about dates and timelines in the light of the nature of this Bill. As I conclude, I also want to note one anniversary of which noble Lords across this House will be keenly aware: the upcoming 25th anniversary of the Belfast agreement. I see the noble Lord, Lord Murphy, opposite, who played such a key role in negotiating particularly strand 1 of that agreement. Noble Lords will no doubt join me in noting the progress that Northern Ireland has made since that historic agreement. This Government will always work to implement, maintain and protect the agreement. As I said in opening, the restoration of the Executive remains our top priority. The Bill will help assist those objectives by avoiding an unwelcome election and providing time for us to work together to end the current impasse. But of course the Bill alone will not be enough to achieve that. All of us now, including His Majesty’s Government, need to make the most of the opportunity presented by the Bill. In that spirit, I beg to move.
Lord Caine (Con)
My Lords, I am very grateful, as always, for the contributions on the short Bill before your Lordships’ House this afternoon. I thank noble Lords at the outset for their unanimity in condemning what happened in Omagh last Wednesday evening. The noble Baroness, Lady Ritchie of Downpatrick, referred to violence never being justified and of course she is absolutely correct: paramilitary activity in Northern Ireland was never justified in the past and is certainly not justified today. I completely agree with the noble Lord, Lord Alderdice, when he refers to the threat that has been made by some on the loyalist side in recent days. Loyalist violence, or the threat of loyalist violence, should always be condemned with equal vigour as republican violence, and it is very important that we do not differentiate.
A number of noble Lords from Northern Ireland referred to the glorification of terrorism by certain parties. They will not be surprised to hear that I have considerable sympathy with that point. I was involved, a number of years ago, with framing a response to a parade organised by republicans in Castlederg which commemorated two IRA men who had blown themselves up bringing a bomb into the town in the early 1970s, so I understand the strength of feeling. I say to noble Lords that we now have a third day scheduled for Committee on the legacy Bill, and my recollection is that the amendments on glorification will be the first group that we take, so we can have a much longer discussion and debate on that issue very shortly. I sympathise with a number of the points that noble Lords behind me have made.
I turn to the Bill. Of course, there has been no opposition to it at all in the House. Almost uniquely, I think I have been asked only one direct question during the couple of hours we have been debating it. That was from the former Secretary of State, the noble Lord, Lord Hain, on taking powers. I said in my opening remarks that should the situation regarding the Assembly not be resolved, the existing powers for civil servants run out in June and we would have to make an assessment as to how we deal with that situation. It is clearly untenable, for a number of reasons that were pointed out by his noble friend Lord Murphy of Torfaen in his very powerful and typically insightful and sensible winding-up speech for the Opposition. Of course, in this piece of legislation we have tried to avoid coming back any time soon with further legislation on election timing. It is the hope of many of us that we will get back to a position where the powers in the previous Executive formation Act 2022 and the timetable in this legislation become irrelevant, because we have the institutions back up and running.
Aside from that, there was strong support for the legislation: both the provisions relating to the date of the election and, of course, Dáithí’s law. I join noble Lords in paying tribute again to Dáithí and his family. I also pay tribute to those who have been very prominent in the campaign, including my old friend Fearghal McKinney, the former party colleague of the noble Baroness, Lady Ritchie of Downpatrick, who has played a key role in all this. I bumped into him last week in Westminster and was able to talk through a number of the issues.
My noble friend Lord Lexden made a typically powerful intervention in the debate. He and I go back many years; we are a part of the Tory tradition that owes a huge amount to the late, great TE Utley in the way we have always approached Northern Ireland affairs. As ever, my noble friend’s speech was in what I might call the great Utley tradition of moderate Tory unionism. My noble friend talked about Northern Ireland enjoying the benefits of the union and questioned the widespread view that has been held over many years that a united Ireland is inevitable. I agree with him entirely that a united Ireland is not inevitable. However, the priority has to be to make Northern Ireland work; the more it works, the better that is for the union and for Northern Ireland’s position within it. He also talked about the inadequacies of the current legislation and the powers; I dealt with that point a few moments ago.
Unsurprisingly, the debate was dominated not necessarily by the provisions of the Bill but by events that have taken place elsewhere this afternoon in Windsor. We have debated the protocol many times; I have been here late at night during Committee of the Northern Ireland Protocol Bill before Christmas and I answered a PNQ from the noble Lord, Lord Morrow, two or three weeks ago. I hope noble Lords will forgive me if I do not rehearse all the arguments around the protocol this afternoon. The Prime Minister is due to make a Statement in the other place very shortly, and I would be astonished if there was not an opportunity for that Statement to be repeated in your Lordships’ House at some point fairly shortly, which will enable noble Lords to ask questions based upon actually having been able to read some of the documentation which has been published. The Windsor Framework: A New Way Forward has now been published and is available on GOV.UK.
I heard the comments of many noble Lords, and the noble Baroness, Lady Hoey, reiterated the DUP’s seven tests, as did a number of members of the Democratic Unionist Party this afternoon. It will be for them to judge whether the agreement that my right honourable friend the Prime Minister has come to with the European Commission satisfies those tests; no doubt they will want to go through with a fine-toothed comb, as is customary. For our part, the Government are confident that the agreement reached will ensure free-flowing trade by removing the border in the Irish Sea; it will safeguard Northern Ireland’s position within the United Kingdom; and it will restore sovereignty for the people of Northern Ireland through what the noble Lord, Lord Murphy, referred to accurately as the so-called Stormont brake. However, it would be better for noble Lords to listen to what the Prime Minister has to say, go through the documentation and then, of course, they will have an opportunity to return to these matters when the Statement is repeated in your Lordships’ House.
I think we all hope that the agreement that has been reached this afternoon in Windsor will provide a basis for the restoration of the devolved institutions so that we do not have to come back again to this House and debate the kind of legislation we have seen over the past number of months, and so that responsibility for the running the domestic affairs of Northern Ireland within the United Kingdom will once again be in the hands of locally elected politicians at Stormont, who are responsible and accountable to the electorate there. We fervently hope that that will happen so that we can work together. My noble friend Lord Lexden gave me a very powerful point about the United Kingdom Government and the Northern Ireland Executive at Stormont working closely together on issues of great importance, such as public services in particular—which, as the noble Lord, Lord Murphy of Torfaen, reminded us, need a great deal of attention over the coming months. If this agreement does provide the basis for restoration—I do hope it will—I think the Government will be working extremely hard with a newly-formed Executive to address those issues so that we can get on with building a Northern Ireland that works for everyone across the entire community. On that note, I beg to move.