Draft Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022
(2 years, 2 months ago)
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The Chair
The Minister of State, Northern Ireland Office (Mr Steve Baker)
I beg to move,
That the Committee has considered the draft Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022.
Mrs Murray, it is a particular pleasure to serve with you in the Chair. I have absolutely no recollection of serving on a Statutory Instrument Committee as a Minister before. When I was previously a Minister, I think I was the cause of statutory instruments, but I do not recall doing one myself, so it is a joy to be here today.
The Health and Social Care Act (Northern Ireland) 2022 was passed by the Northern Ireland Assembly and received Royal Assent on 7 February 2022. This draft instrument makes consequential amendments.
The Act provided for the dissolution of the regional Health and Social Care Board and the transfer of its functions to the five Northern Ireland Department of Health social care trusts. A number of UK Parliament and Scottish Parliament Acts make reference to the now dissolved regional Health and Social Care Board, and we are amending those references that are outside the legislative competence of the Northern Ireland Assembly. Secondary legislation is therefore required to make consequential amendments to update any references to the regional Health and Social Care Board, so that “Northern Ireland Department of Health” or “health and social care trusts” are referenced instead. The draft order therefore seeks to update those references.
The primary purpose of the Northern Ireland Health and Social Care Act was to implement recommendations made following a number of independent reviews and reports that had been commissioned, which found the existing health system to be overly bureaucratic and complex. That included the dissolution of the regional Health and Social Care Board and the transfer of its functions to the five trusts.
After the Act received Royal Assent, the Northern Ireland Health Minister requested that my Department take forward secondary legislation to make the consequential amendments to UK Parliament and Scottish Parliament Acts in which the now dissolved board is referenced. My officials, to whom I am very grateful, have worked closely with colleagues across UK Departments and with legal colleagues to identify the list of such Acts. There are 25 of them in total.
The draft order seeks to update the references so that “Northern Ireland Department of Health” or “health and social care trusts” are referenced instead. The order was passed in the House of Lords without opposition on 5 September 2022. I ask that the Committee supports the order so that the references may be updated. I commend the order to the Committee.
Peter Kyle (Hove) (Lab)
It is a pleasure to serve under your chairship, Mrs Murray, for the first time, and I hope not for the last. I also commend the Minister for his maiden statutory instrument speech. It was magnificent.
This should be a short and uncontroversial debate. We support the measures that the Government are taking to ensure that our Westminster legislation matches the Northern Ireland Assembly’s Health and Social Care Act. The Act passed by the Assembly provided for the dissolution of the regional Health and Social Care Board, transferring its functions to the five Northern Ireland health and social care trusts.
I pay tribute to the officials who have been working hard to identify the 25 Acts that now have out-of-date references and need to be updated. It is good that devolved government allowed Northern Ireland representatives to legislate on health earlier this year. Northern Ireland of course has particular challenges in health: there is a serious problem with waiting lists in Northern Ireland, in both primary and secondary healthcare. People in Northern Ireland deserve a functional Government who can deliver for all communities on health and social care.
The draft order stems from a devolved policy area. We support restoring the institutions in Northern Ireland so that more Acts can be passed there. The Labour party cherishes the Belfast/Good Friday agreement and believes that its functions and the principles that underpin it represent the best way forward for Northern Ireland. I thank the Minister and you, Mrs Murray.
Mr Baker
This is an uncontroversial measure, but I agree with the hon. Member for Hove: it is vital that functional Government is restored in Northern Ireland. We agree about restoring the institutions and we, too, cherish the Belfast/Good Friday agreement. I am grateful that Members are not contesting these uncontroversial consequential amendments.
Question put and agreed to.
Draft Flags (Northern Ireland) (Amendment) (No. 2) Regulations 2022
(2 years, 2 months ago)
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The Minister of State, Northern Ireland Office (Mr Steve Baker)
I beg to move,
That the Committee has considered the draft Flags (Northern Ireland) (Amendment) (No. 2) Regulations 2022.
It is a joy to serve under your chairmanship, Sir Gary. The draft regulations seek to align flag-flying days in Northern Ireland with the rest of the UK, as agreed in New Decade, New Approach.
The Flags Regulations (Northern Ireland) 2000 provided that on certain designated days the Union flag, and in certain circumstances other flags, must be flown on Government buildings. For the purposes of the regulations, a Northern Ireland Government building is a building wholly or mainly occupied by members of the Northern Ireland civil service. The 2000 regulations also set out a number of so-called specified buildings, at which the Union flag must be flown on the designated days in question. Those buildings were chosen as they are the headquarters of Northern Ireland Government Departments. In 2002, the provisions of the regulations were extended to court buildings in Northern Ireland.
In January 2020, New Decade, New Approach saw the restoration of devolved government in Northern Ireland after an almost three-year impasse. That agreement contained a UK commitment to update
“the Flags Regulations (Northern Ireland) 2000 to bring the list of designated flag flying days from Northern Ireland government buildings and court-houses into line with the DCMS designated days, meaning the same designated days will be observed in Northern Ireland as in the rest of the UK”.
The 2022 updated list of designated flag-flying days was published by the Department for Digital, Culture, Media and Sport on 11 February this year. It states that Her late Majesty the Queen’s two birthdays and the birthday of the former Prince of Wales are the only royal birthdays to be observed for the purposes of flag flying. Following the sad demise of Her late Majesty the Queen, the 2022 list will be reviewed and amended by DCMS, in conjunction with the royal household, and is expected to be published in the new year.
The draft regulations will align flag flying in Northern Ireland with the 2022 DCMS guidance, and indeed the policy followed across the rest of the UK. Prior to publishing the list of designated days, DCMS consulted a range of stakeholders, and the updated designated days reflect the wishes of the palace.
I understand that some will be disappointed that the number of designated days is being reduced. The Government’s approach to flag flying in Northern Ireland through the Flags Regulations has consistently sought to reflect Northern Ireland’s clear constitutional status as an integral part of the United Kingdom, as well as the reality of the different political aspirations and sensitivities that exist across society in Northern Ireland.
As designated days are a matter of law in Northern Ireland, revised regulations must be considered by the Assembly before being approved by both Houses of Parliament. Members of the Northern Ireland Assembly considered and approved the draft regulations on 15 March 2022. The Flags (Northern Ireland) Order 2000 also requires that consideration be given by the Secretary of State for Northern Ireland to the Belfast/Good Friday agreement when making or amending flags regulations. I can confirm that the Secretary of State is satisfied that the draft regulations have regard to that agreement, and treat flags and emblems in a manner that is respectful of Northern Ireland’s particular circumstances.
Our approach to flag flying in Northern Ireland through the Flags Regulations has consistently sought to reflect Northern Ireland’s clear constitutional status as an integral part of the United Kingdom, as well as the reality of the different political ambitions within society. The draft regulations will align flag flying in Northern Ireland with the rest of the UK, while ensuring that the Government continue to meet their commitments in the Belfast/Good Friday agreement and New Decade, New Approach to align the designated days for flag flying in Northern Ireland with the rest of the UK. I ask the Committee to support the instrument.
Peter Kyle (Hove) (Lab)
It is a pleasure to serve under your chairmanship, Sir Gary, I believe for the first time. The Committee will be pleased to hear that I will keep my comments brief.
In Northern Ireland, the use of symbols and emblems for public purposes needs to be treated with sensitivity. Flags are an important form of expression for communities in Northern Ireland. The goal of legislation on flag flying is to promote mutual respect, rather than division. Those are principles the Labour party believes in; they were agreed in the Good Friday/Belfast agreement.
In the New Decade, New Approach agreement, the Government committed to keeping the designated days for flying flags in Northern Ireland the same as in the rest of our United Kingdom. The draft regulations update the designated days and remove several days that celebrated birthdays of members of the royal family. Labour recognises that these changes were made in accordance with the wishes of the palace.
There was an interesting debate in the Northern Ireland Assembly when these regulations were discussed. I thank Members of the Assembly for their work. I am sure the Minister noted that, while the changes were broadly accepted, representations were made by local parties about other potential designated days.
The draft regulations were, of course, produced before the sad passing of Her Majesty. I am sure the Government are in discussions with the royal household about any further changes.
We support the Government’s keeping, through the draft regulations, the flag-flying commitment they made in New Decade, New Approach. I thank the Minister and I thank you, Sir Gary.
Question put and agreed to.