The Parliamentary Under-Secretary of State for Northern Ireland (Mr Robin Walker)
I beg to move,
That the draft Northern Ireland (Ministerial Appointment Functions) (No. 2) Regulations 2019, which were laid before this House on 11 July 2019, be approved.
May I say, Madam Deputy Speaker, what a pleasure it is to follow my hon. Friend the Member for Horsham (Jeremy Quin) at the Dispatch Box? He was a superb Parliamentary Private Secretary and a superb Whip, and he is already showing that he is a natural at the Dispatch Box.
This statutory instrument will allow for certain critical appointments to be made under the terms of the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018. I am very glad that we have been able to bring it forward today. I know that Northern Ireland Members have been calling for it to be brought forward for some time.
Lady Hermon (North Down) (Ind)
I should just like to put on the record my enormous gratitude to the Minister, a very fine Minister and a great addition to the Northern Ireland Office, for making sure that this very important statutory instrument has been brought before the House today. As he will know, because I have scolded about it, the unlawful prorogation of Parliament by the Prime Minister on Monday 9 September meant that this statutory instrument, which was due to be debated in this Chamber on 10 September, did not get addressed. I am therefore enormously grateful to the Minister for ensuring it is here today, earlier than anticipated. It had been thought that it might have been delayed even more to 21 October. Thank you to the Minister.
Gavin Robinson (Belfast East) (DUP)
The Minister knows we are well known for looking forward rather than backwards, but the hon. Member for North Down (Lady Hermon) is right that the statutory instrument had been scheduled for 21 October. I thank the Minister for all that he did to ensure the provisions were brought forward to this evening. As a former member of the Bar Library of Northern Ireland—I have raised this point with him—we will be able to proceed with Queen’s Counsel appointments in Northern Ireland, something the profession has been looking forward to for some time. Individuals have had a tap on the shoulder. This is an important step to progress their professional development and appoint them to the positions they rightly deserve.
Mr Walker
The hon. Gentleman is absolutely right. He has been forthright in pressing for this to be brought forward. I am glad we are able to do so today. He says that he is looking forward rather than backward. I want to set out some context in my opening remarks, so he will have to excuse me if I look briefly backward before focusing on what the statutory instrument achieves.
The Government are committed to the Belfast agreement. At its heart is a devolved power-sharing Executive Government, and restoring that Executive remains our priority. Northern Ireland needs the fully functioning political institutions of the Belfast agreement and its successors. That being said, in the absence of devolved Government, the UK Government continue to have a responsibility to ensure good governance and that public confidence is maintained in Northern Ireland.
In November of last year, primary legislation was brought forward, which among other measures addressed the need for urgent appointments to be made to a number of bodies. The initial phase of appointments under the Act enabled: the reconstitution of the Northern Ireland Policing Board, which continues to fulfil its important functions, including the recent recruitment of a new chief constable; the replacement of the outgoing chair and board members of the Probation Board for Northern Ireland; and the appointment of a new police ombudsman for Northern Ireland.
Under the 2018 Act, the Secretary of State also gave a commitment to make further appointments that may arise in the absence of an Executive. A statutory instrument was subsequently approved by the House in February 2019, which added six additional offices to the 2018 Act. As a result of that piece of legislation, critical public appointments were made in Northern Ireland, including that of the Commissioner for Children and Young People, the Attorney General for Northern Ireland and appointments to the Northern Ireland Housing Executive. The Government maintain that it is important, while prioritising the restoration of the Executive, to ensure the maintenance of good governance and public confidence in Northern Ireland. The appointments made to date under the provisions of the 2018 Act have contributed to that.
This new statutory instrument specifies further critical offices to be added to the Act, allowing for appointments to be made that will continue to safeguard the quality and delivery of public services in Northern Ireland. In preparing this instrument, my officials have worked closely with the Northern Ireland civil service to identify those critical appointments that will arise between now and the end of the year. The instrument would add to the list in section 5 of the Act, thereby enabling the Secretary of State, as the relevant UK Minister, to exercise Northern Ireland Ministers’ appointment functions in relation to the following offices: the board of the Northern Ireland Council for the Curriculum, Examinations and Assessment; the board of the Consumer Council for Northern Ireland; the board of the Northern Ireland Transport Holding Company, or Translink as it is formally known; the Drainage Council for Northern Ireland; the Agricultural Wages Board for Northern Ireland; the board of National Museums Northern Ireland; the Northern Ireland Historic Buildings Council; and the Arts Council of Northern Ireland. Those are the bodies that the Northern Ireland civil service has put forward as the most critical at this time.
As has been raised, the instrument would enable the Lord Chancellor to make Queen’s Counsel appointments, a matter whose urgency has been raised a number of times in this House by the hon. Member for Belfast East (Gavin Robinson), the hon. Member for North Down (Lady Hermon) and the hon. Member for Belfast South (Emma Little Pengelly). These are important offices for which the exercise of appointment functions in the coming months is vital for the continued good governance of Northern Ireland. I commend the regulations to the House.
Mr Robin Walker
I thank the House for what has been a sensible and consensual debate on this statutory instrument. It is a pleasure to follow the hon. Member for Ealing North (Stephen Pound), who described the debate as bittersweet. I think that we all recognise that concern. It is somewhat bittersweet to be welcomed by him to the Dispatch Box after three years, although perhaps people were fed up with hearing from me as a Minister at the Department for Exiting the European Union and are pleased to hear from me in a new capacity.
The right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) said that he welcomed the instrument but not the basis of it. I absolutely recognise that. I think that we would all rather that these appointments were made by a properly constituted Executive and supported by a properly constituted Assembly. These are important offices, as we have heard from Northern Irish Members. As the hon. Member for Strangford (Jim Shannon) neatly illustrated when he talked about people turning the wheels, these are offices that are necessary for the functioning of government. The other place has already approved this statutory instrument. So long as this House approves the motion today, we can get on with making these important appointments.
The hon. Member for Ealing North (Stephen Pound) asked about the process of consultation. All these appointments are ones that have been recommended by the Northern Ireland civil service, which will of course engage in appropriate consultation. I can also reassure him that the Commissioner for Public Appointments will continue to regulate all these appointments, which will ensure an important check.
The people of Northern Ireland deserve strong political leadership from locally elected, accountable devolved Government. Achieving that and delivering a positive outcome from the talks remains our absolute priority. Northern Ireland has made huge progress in recent years. While the UK Government will do all that is necessary to ensure that good governance and public confidence is maintained in Northern Ireland, we can achieve even more with a devolved Government and legislature that unlocks all the potential that Northern Ireland has to offer. We remain focused on achieving that outcome. As we have heard again today, it is an outcome that we all want to see. I commend the order to the House.
Question put and agreed to.