Northern Ireland (Executive Formation etc) Bill

Brandon Lewis Excerpts

2nd reading
Tuesday 29th November 2022 Commons Chamber

[Brandon Lewis (Great Yarmouth) (Con)]

I thank my right hon. Friend for his generosity in taking interventions. He is quite right about the budgetary challenges facing the people in Northern Ireland at this time, with the economic structures and problems we are seeing, which is why it is so important that we see Stormont back up and running. We all know—this has been touched on already—why Stormont is not functioning, so does he agree that it is imperative that the European Union understands the strength of feelings in Northern Ireland, across communities but particularly in the Unionist community? Without my right hon. Friend commenting on the detailed negotiations, does he not agree that the European Union must show flexibility in allowing an agreement to be formed between it and the UK Government that will facilitate Stormont’s getting back up and running, especially with the 25th anniversary of the Good Friday agreement close upon us?

[Chris Heaton-Harris]

I thank my right hon. Friend for his wise words. I know, because I was present in some of the meetings, that he articulated those words directly to representatives of the European Commission when he was Secretary of State, and he is completely right in what he says.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Brandon Lewis Excerpts

Committee stage
Monday 4th July 2022 Commons Chamber

[The Secretary of State for Northern Ireland (Brandon Lewis)]

I beg to move, That the Bill be now read the Third time.

I mirror the comments of the Minister of State, Northern Ireland Office, my right hon. Friend the Member for Bournemouth West (Conor Burns), in thanking our officials and all those with a role in bringing the Bill to this point. I particularly thank my right hon. Friend for his work in Committee.

This Bill will help the families of victims and the survivors of the troubles to get the answers they desperately seek, it will help Northern Ireland to look forward and it will deliver on our manifesto commitment to the veterans of our armed forces who served with such honour in Northern Ireland.

The establishment of a new independent information recovery commission capable of carrying out robust and effective investigations will provide as much information as possible to the families of victims as well as to the survivors of the troubles. Those who do not engage will remain indefinitely liable to prosecution. A major oral history initiative and memorialisation strategy will collectively remember those lost and ensure that the lessons of the past are never forgotten. It is important to understand where we come from when we make decisions about our future. I am grateful to the many stakeholders who have engaged with these proposals, and who have helped me, the Northern Ireland Office and my right hon. Friend to shape the Bill.

As has been said this afternoon, this is a difficult, complicated issue, and I recognise that it is still painful for so many. The Government have listened, and we are grateful for all the contributions made by Members of this House. I particularly recognise the heartfelt and powerful contributions that the hon. Member for Strangford (Jim Shannon) has made throughout proceedings on the Bill. I thank all Members who have contributed with such dignity in Committee.

I hope colleagues are reassured by the commitments made from the Dispatch Box by my right hon. Friend, and by the manuscript amendments made on Report to ensure it will not be possible for the ICRIR to grant immunity for troubles-related sexual offences. This is an example of an improvement made in Committee that the whole House is able to get behind.

As a Government, we remain open to constructive dialogue with all stakeholders, both in this House—including the Opposition and all the Northern Ireland parties—and across Northern Ireland, as we prepare for the passage of the Bill in the other place. We are resolute in our commitment to providing legislation that does all it can to deliver for those impacted by the troubles. The troubles were a painful period of our history, and they are still painful for so many in Northern Ireland. This Bill delivers a way forward and delivers on our manifesto pledge. In that spirit, I commend this Bill to the House.

Report of the Independent Reviewer for National Security Arrangements 2021

Brandon Lewis Excerpts

Thursday 30th June 2022 Written Statements

[The Secretary of State for Northern Ireland (Brandon Lewis)]

The role of the Independent Reviewer of National Security Arrangements (IRNSA) in Northern Ireland is to monitor compliance with annex E of the St Andrews agreement, reviewing the relationship between MI5 and the Police Service of Northern Ireland (PSNI) in handling national security matters.

His Honour Brian Barker CBE QC, the Independent Reviewer of National Security Arrangements in Northern Ireland, has sent me his report for 2021. Due to the classification of the report, I am unable to lay a copy in the Libraries of both Houses, but I am able to provide the House with a summary of its content.

The year commemorated the centenary of the creation of Northern Ireland, the twentieth anniversary of the PSNI, and the appointment of the first Lady Chief Justice. More widely, this has been another entirely unpredictable twelve months. The coronavirus pandemic has continued to dominate life in Northern Ireland and across the rest of the United Kingdom, and developments and reactions had a significant impact on health and wellbeing, as well as on the economy and the administration of government in Northern Ireland.

Unionist parties’ continuing opposition to the Northern Ireland Protocol has been a defining political theme throughout 2021. The Protocol has also constituted a significant part of the context for some paramilitary activity. The DUP contended that these unique arrangements would divide Northern Ireland from the rest of the UK, and would also threaten the constitutional integrity of the UK. These post-Brexit trade arrangements appeared to magnify the sense of unionist disenfranchisement, partly by raising fears that Northern Ireland would be drawn closer to the orbit of the Republic, and would accelerate a move to eventual unification.

Unrest in unionist areas was apparent, and objection to the Protocol was said to be the predominant cause of sporadic violence and rioting, mainly in loyalist areas of Belfast and Londonderry in late March and early April—the worst for some years. Included were attacks on police officers and a bus, and in the result over 100 officers received injuries.

Violence resurfaced in November with the hijacking and torching of a Translink bus in Newtownards by masked men, and less than a week later another bus was boarded and burnt out in Newtownabbey. It was believed the arson was carried out by loyalists from a local faction of the Ulster Volunteer Force in an apparent protest against the Protocol, although the real effect was to harm local people and make life more difficult for local communities.

The pandemic and the strictures towards working from home continued to have a profound effect. By mid-summer the Chief Medical Officer was concerned that the health service was having to operate under severe pressure and the Northern Ireland Minister for Health called in military medical staff to assist. In early September Stormont was recalled to discuss the high level of COVID-related school absence. Many of the communities hardest hit by the pandemic were those where social-economic problems were at their greatest and often where paramilitary presence was at its strongest.

The dissident activity picture remained much as it was in 2020 and it is assessed covid restrictions limited operational activity. The threat level in Northern Ireland from Northern Ireland-related Terrorism (NIRT) remained at SEVERE, meaning an attack is highly likely.

The first attack ascribed to NIRA since the arrest of the alleged leadership during Operation Arbacia, in August 2020, took place in April. An improvised firebomb was left next to a police officer’s car outside her home in County Londonderry with the apparent intention of killing both the officer and her young daughter. Deputy First Minister Michelle O’Neill described the attack as “shocking and deplorable”. Arrests were made later in the year, and a number of Continuity IRA members were arrested and charged in June. Arrests were made in September in relation to the shooting of Lyra McKee.

The success of Operation Arbacia in 2020, coordinated jointly by PSNI and MI5, was widely welcomed and the resulting arrests had restricted the ability of NIRA to operate and attack at a sustained level. The reduced activity compared with previous years was apparent, although constant vigilance and pressure was still necessary. The smaller groups of identifiable dissident republicans had been involved in some activity, not touching national security, attempting to retain their public profile.

The more visible activity was in the name of loyalism, the flash point being the objection to the perceived effects of the protocol. Overall, the dial had been turned up and other issues of contention including the handling of legacy cases and the Irish language, remained just below the surface. On the positive side, the general threat picture was better, being confined to a small sector who were adept at preying on and deploying vulnerable youngsters.

The landscape continues to be complex, with participants ranging from those who use paramilitarism as a cloak for unadorned criminality to those who remain involved for political and identity reasons which reach back to the Troubles. The damage caused by paramilitary activities on communities and society as a whole is undiminished. The cross-Executive Tackling Paramilitary Activity, Criminality and Organised Crime Programme supports people and communities across Northern Ireland who are vulnerable to paramilitary influence and uses a public health approach to violence reduction. The Tackling Paramilitarism, Criminality and Organised Crime Programme Board, chaired by the Head of the Northern Ireland Civil Service and the Political Advisory Group chaired by the Justice Minister, welcomed the increasing emphasis on a “whole of Government” approach in tackling paramilitarism, the development of multi-agency hubs, and the impact of more joined-up, inter-agency approach.

The same observational difficulties that applied in 2020 continued in that it was not possible to conform to any sort of structured plan of visits or avenues of inquiry. It was evident that the various offices and organisations of interest were all under enormous pressure, coping not just with unforeseen unpredicted events but also with illness, self-isolation and working from home, resulting in most offices being pared down to critical staff.

In the event the approach to meetings and research that I adopted in 2020 of some virtual contact where possible, was continued for much of the year. Regular communication continued nevertheless, and I was fully informed of any significant developments. It was not until November, as infection rates subsided, that a suitable opportunity arose fora visit to Belfast, and some more useful face to face personal contact was re-established.

My major update with MI5 was conducted through the secure link from Whitehall in July. Again, although any briefing and discussion on particular investigations was not practical, I was given a clear insight of both the current direction, the prevailing budgetary conditions and the interaction with PSNI. I was able to have a better understanding of the additional problems created by working in a COVID-19 restricted environment and a better picture of how MI5 had adapted to the current conditions. Necessary absences and revised practices had been challenging, but not undermining, and the policy of wider collaboration and further community initiatives continued.

Of note was the continuing development of high-level regular meetings of agency representatives with obvious advantages in mutual understanding and identifying best practice and effective integrated planning and strategic approach to tackling NIRT. Work was also continuing with broader communication and improving protocols with partners in order to be more cooperative with releasing information while maintaining essential security.

I am confident, however, that MI5 continues to maintain the strategic approach to tackling NIRT and the sharing of intelligence at as high a level as is possible. I have been kept apprised of significant events personally, and the Northern Ireland Committee on Protection at its meetings receives an instructive update at each meeting.

I was able to visit PSNi HQ in November, where I was briefed by the Chief Constable Simon Byrne, and other senior officers as to the effective co-operation achieved. They underlined the difficulty of managing and deploying a public service in an environment that was unstable and unpredictable from both the health and political standpoints. A worrying development was the spread of public disorder in a number of areas in late March and early April leading to the need for strategic and tactical command structures in order to protect communities from harm and to keep people safe. There was considerable assistance and support from community leaders and youth workers in seeking to restore calm, but the widespread and unnecessary level of violence directed towards the police was a serious concern.

Maintaining public confidence within some sections of the community remained a problem, and accusations and perceptions of “two-tier” policing remained prominent. Directing a virus-struck, depleted service that had to interact with the public in changing conditions—with regulations that were difficult to explain and liable to change—resulted in situations which attracted criticism from many sides while pleasing few. There was also the necessity of maintaining vigilance and effectiveness in the drive against organised crime and terrorism, where resilience among the dissident republican groups remained, and about a third of the organised crime groups were loyalist paramilitary organisations or had paramilitary links.

With PSNI as the public face, the response to the worrying period of disorder witnessed in parts of the Protestant, unionist, loyalist community during April was led by the Executive.

Recorded crime level in the spring was below average although antisocial activity was consistent. The absence of disorder and relative stability over the summer was encouraging. The agreement with MI5 and the management of CHIS operatives continues to be carefully monitored particularly in the light of the new power under the Covert Human Intelligence Source (Criminal Conduct) Act 2021. This power has been robustly reviewed and in no circumstances would serious crime against another person be allowed. The regular inter-agency meetings at a very senior level continued and provided a positive contribution in providing a best practice and a complimentary approach to the threat and changing landscape of operating national security during a difficult year.

The key security situation statistics during the year show there were two security-related deaths, the same number as in 2020. There were fewer bombings, shootings and paramilitary-style attacks than in 2020. There were 5 bombing incidents, compared to 18 in 2020 and 25 shootings, compared to 41. There were 36 casualties of paramilitary style assaults, compared to 26 previously. AH casualties were aged over 18. There were 14 casualties of paramilitary style shootings, compared to 15 previously, all of whom were over 18. There were 134 persons arrested under section 41 of the Terrorism Act 2000, compared with 76 of which 23 were subsequently charged, compared to 14 previously.

Overall, the continued development of regular meetings and exchanges at high level between the police and the security services is noticeable and commendable.

Although dissident republicans continue to pose the most significant threat to national security in Northern Ireland, successful investigations against them in 2020 lowered their operational capacity and activity into 2021. Concerted pressure directed towards them remained effective with positive results, and several plots were thwarted. Efforts by PSNI, MI5, An Garda Siochana, and the Ammunition Technical Officers meant that the overwhelming majority of the population were able to go about their daily lives untroubled by terrorism.

Despite fewer incidents, danger to serving police and prison officers doing a difficult job persists and regrettably the necessity for constant vigilance remains.

My conclusions, again restricted by difficult operational conditions, in relation to Annex E of the St Andrews are as follows:

Oral Answers to Questions

Brandon Lewis Excerpts

Wednesday 22nd June 2022 Commons Chamber

[Caroline Ansell (Eastbourne) (Con)]

12. What steps his Department is taking to support businesses trading between Northern Ireland and the rest of the UK.

[The Secretary of State for Northern Ireland (Brandon Lewis)]

Mr Speaker, I thank you and the team at the Houses of Parliament for the unveiling this morning of the plaque recognising Field Marshal Sir Henry Wilson.

We cannot allow the Northern Ireland protocol to continue to prevent the free movement of goods between Great Britain and Northern Ireland, which is why we have introduced legislation that will allow businesses to trade freely again. We are providing reassurance for business by continuing to operate the standstill arrangements, and we will work with businesses on the details of any new models.

[Nick Fletcher]

Does the Secretary of State agree that trade between our Union is of the utmost importance and that we should do all we can in this place to make sure it is not hindered in any way?

[Brandon Lewis]

Absolutely—the Government are steadfastly committed to Northern Ireland’s integral place in the United Kingdom. We will never be neutral on the Union. The proposed legislation we recently introduced will fix the practical problems the protocol has created in Northern Ireland, avoiding a hard border, protecting the integrity of the UK and safeguarding the EU single market.

[Dr James Davies]

Businesses based in Great Britain, such as the Snowdonia Cheese Company in my constituency, tell me that while it is possible for them to trade with Northern Ireland, doing so can be very involved, costly and restrictive. The current application of the Northern Ireland protocol is therefore hampering business growth and success. Will my right hon. Friend confirm how businesses like Snowdonia Cheese stand to benefit from the provisions in the Northern Ireland Protocol Bill?

[Brandon Lewis]

My hon. Friend makes an important point on why the Bill matters. Freedom to move products within the UK’s internal market without impediment is critical. The proposed legislation will enable businesses to trade freely once again by delivering new green and red lane arrangements. It will remove unnecessary costs and work for businesses trading within the UK, while ensuring the necessary checks are done, quite properly, for goods entering the EU.

[Alexander Stafford]

Will the Secretary of State confirm that the Government will continue to work closely with businesses to ensure that we address all their needs, so that trade with Northern Ireland and Rother Valley boom?

[Brandon Lewis]

Absolutely. My hon. Friend is right. We want to see trade booming across the United Kingdom and for the United Kingdom. We will continue to work closely with businesses. The purpose of the secondary legislative powers in the Bill is to allow us to flesh out precise technical details in our proposals, working with business, who we will always engage with, to ensure that our solutions work and deliver for them and for the people of Northern Ireland. We will be doing that with them, as well as with other stakeholders, both in Northern Ireland and Great Britain, over the next months to ensure that the new systems address their needs.

[Caroline Ansell]

As my right hon. Friend says, there are huge opportunities for trade within the Union, including with spaceports in Cornwall and Scotland. Given Northern Ireland’s expertise and strength in the manufacture of spacecraft components, can my right hon. Friend assure me that when it comes to procurement, businesses in Northern Ireland are as well placed as any to bid for these—I cannot resist this—stellar opportunities?

[Brandon Lewis]

My hon. Friend is always fired on rocket-powered fuel when asking direct questions like that—and I am afraid that, no, I cannot top that.

My hon. Friend is absolutely right. Northern Ireland has real expertise in advanced engineering, manufacturing and aerospace. It is right that we take measures, in taking the Bill through, to ensure that businesses across the United Kingdom—and yes, from my point of view, obviously, predominantly those businesses in Northern Ireland—can absolutely benefit from the opportunities that are there for the UK, bringing UK businesses together in a global way that can see their business grow and create more jobs.

[Claire Hanna (Belfast South) (SDLP)]

The Government claim that their protocol Bill is designed to protect the Good Friday agreement, while being in the middle of a demolition derby of its core values, creating regression and polarisation that will take us years to fix. The Secretary of State should know that the Human Rights Act is a cornerstone commitment of the Good Friday agreement. What legal advice has he received and what representations has he made to Cabinet colleagues about the compatibility of the Bill of Rights and the 1998 agreement that he is charged with protecting?

[Brandon Lewis]

The hon. Lady is absolutely right. It is important that we deliver and protect all aspects of the Belfast/Good Friday agreement; I have made the point several times at the Dispatch Box over the past couple of years that we have to ensure that we protect all three strands, not just one. I am pleased that the hon. Lady recently said:

“I do not love the protocol”.—[Official Report, 15 December 2021; Vol. 705, c. 374WH.]

There is no doubt that there are a lot of challenges for businesses, so I hope that she will support the Bill, which seeks to fix those challenges.

[Jim Shannon (Strangford) (DUP)]

The latest business to report disruption to its supply is a photo-framing business in Newtownards whose supplier has said that the profit margin is not worth the hassle of sending its order, so it has been cancelled. That is another of the 200 companies that trade between England and Northern Ireland; the tale is repeated for businesses in every postcode. The Government must do the right thing and restore our position, not just constitutionally but financially for businesses. Will the Secretary of State give a date for the withdrawal Bill’s Second Reading?

[Brandon Lewis]

I am sure that the hon. Gentleman will appreciate that I cannot confirm the exact date at this point, but we have introduced the Bill and he can be reassured that the Government are committed to resolving the problems with the protocol, restoring the primacy of the Belfast/Good Friday agreement and restoring sovereignty and territorial integrity for the whole United Kingdom. It is imperative that we ensure that people in Northern Ireland have the same benefits, laws and courts as everybody everywhere else in the United Kingdom. I have been very clear that, as part of that, we want to ensure that we deliver strand 1, which means the reformation of the Northern Ireland Executive as soon as possible.

[Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

Even a fool now knows that Brexit has damaged UK trade and GDP, but do the Government have any assessment of the GDP gain and the benefit to business that the protocol has given Northern Ireland, especially as it is the only part of the UK outside London to record growth, and the only part of the UK inside the single market? It is no coincidence that it has seen growth.

[Brandon Lewis]

I am sure that if the hon. Gentleman does a bit of research, he will see that it is actually quite a complicated picture. It is good to see Northern Ireland growing back quickly: with a larger proportion of the economy in Northern Ireland based on the public sector, and with the phenomenal support that the Chancellor has put in, that is to be welcomed. We want to see Northern Ireland’s economy growing; it was struggling before covid. We are making sure to put that support in, but I have to say that that would be even easier were it not for the protocol, which is preventing some of the Chancellor’s measures from benefiting the people of Northern Ireland.

[Mr Speaker]

I call the Chair of the Select Committee on Northern Ireland Affairs.

[Simon Hoare (North Dorset) (Con)]

Given that so much policy that affects and benefits business is devolved, is not the best support that politicians of all stripes could give Northern Irish business to get Stormont back up and running?

[Brandon Lewis]

My hon. Friend is absolutely right. We all want to see Stormont back up and running. It is important that we see all the Ministers back with their full powers. We have caretaker Ministers in place now, thanks to legislation that we passed recently, but having Stormont making spending decisions, getting money out the door and supporting businesses and people in Northern Ireland is the right thing to do.

[Justin Madders (Ellesmere Port and Neston) (Lab)]

2. What recent discussions he has had with Cabinet colleagues on progress in the Northern Ireland protocol negotiations.

[The Secretary of State for Northern Ireland (Brandon Lewis)]

I have regular discussions with Cabinet colleagues about issues affecting Northern Ireland more widely, including the Northern Ireland protocol.

[Justin Madders]

The Secretary of State will be aware that the Northern Ireland Business Brexit Working Group, which represents 14 industries, released a statement last week stating that

“there are significant concerns about the introduction of an all-encompassing dual regulatory regime.”

I understand that dairy farmers have similar concerns. Having heard about those issues, can the Secretary of State tell us what consultation the Government did with businesses before introducing this regime?

[Brandon Lewis]

We are in continual engagement with business. We have had more than two meetings a month with the wider group, and the Minister of State and I have made more than 30 visits to businesses that are members of those groups. We are in constant communication with business. It is important that we design the details in conjunction with business to ensure that businesses that are doing well and sectors such as dairy that benefit from the economy across the island of Ireland do not lose out. We must also ensure that we deliver for the businesses that are so detrimentally affected by the problems with the EU’s implementation of the protocol.

[Craig Williams (Montgomeryshire) (Con)]

The EU is rightfully focused on protecting its own single market, but may I respectfully request that we first and foremost protect the single market of the United Kingdom? Will my right hon. Friend confirm that the practical and durable solution set out in the Northern Ireland Protocol Bill will do just that?

[Brandon Lewis]

My hon. Friend is spot on, as ever. Our legislation will restore the balance inherent in the objectives of the protocol, avoiding a hard border, protecting the integrity of the United Kingdom and safeguarding the EU single market. It is right that we are doing the right thing by the businesses and citizens of Northern Ireland, who are businesses and citizens of the United Kingdom and the UK internal market.

[Mr Speaker]

I call the shadow Secretary of State, Peter Kyle.

[Peter Kyle (Hove) (Lab)]

When the Government introduced the United Kingdom Internal Market Bill, the Secretary of State was quite honest about his lawbreaking, and here we are again. The man who resigned over his actions, the former head of the Government Legal Department, says that the Northern Ireland Protocol Bill is “next-level” lawbreaking. Based on this Government’s track record, why should anyone believe what the Minister claims about this Bill’s legality?

[Brandon Lewis]

The hon. Gentleman tends to make a habit of standing at the Dispatch Box and taking the side of the EU over the UK, which is disappointing: what he should be doing is supporting the UK economy and supporting businesses and people in Northern Ireland, who want to see a resolution. We have set out a package in this legislation that is within the law and delivers for the people of Northern Ireland by delivering on what should be the priority for all of us: the Belfast/Good Friday agreement, in all three strands.

[Peter Kyle]

The Secretary of State mentions the Good Friday/Belfast agreement, but the Foreign Secretary argues for unilateral action on the protocol because it does not have the necessary support in one of the communities in Northern Ireland. I say that the EU must show more flexibility and listen to the Unionist concerns, but if cross-community support is so important to the Government, can he confirm that the current plans also have the support of the nationalist community?

[Brandon Lewis]

The hon. Gentleman talks about the Belfast/Good Friday agreement, but his tweets in the last couple of weeks have highlighted that he has possibly not even read it; I suggest that he at least gets equipped with who the signatories to the agreement are, so that he understands who the co-guarantors are.

We are focused on delivering all three strands of the agreement. One thing that has been common and clear from the leaders of all the parties in Northern Ireland is that, in one form or another, they all—nationalists and Unionists—want to see changes to the Northern Ireland protocol. They all acknowledge that there are problems with it and that it is not working for businesses and citizens in Northern Ireland. Eventually, if we are not able to get an agreement with the EU, we will have to take forward measures to secure a resolution of the problems that all those people and businesses are outlining. We would rather do that by agreement with the EU, but it is right that we take action.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

The EU has threatened to remove access for Northern Ireland businesses to the single market. To police this, it would have to create a hard border on the island of Ireland; that is the only consequence of its actions. Does the Secretary of State agree that such a threat from the EU indicates that, far from wanting to protect the Good Friday agreement and peace and stability in Northern Ireland, it simply wants to punish Northern Ireland businesses because the UK Government want to protect the UK internal market?

[Brandon Lewis]

The right hon. Gentleman makes an important point. It is right that we are looking to deliver on all three strands of the Belfast/Good Friday agreement. We will never be looking at any sort of infrastructure; there cannot be a hard border on the island, in the same way that there should not be a hard border between east and west. That is the issue of the three strands. We recognise that the EU’s focus is on its single market. We recognise that we will ensure that its single market is protected, but we will defend all three strands of the Belfast/Good Friday agreement.

[Sir Jeffrey M. Donaldson]

The Secretary of State will be aware that the former Prime Minister Tony Blair has stated that the protocol presents a real risk to the Good Friday agreement. Does he agree that the agreement and the political institutions can operate only on the basis of cross-community consensus and not the majority rule that some in this House are now advocating? Does he also agree that in order to achieve that cross-community consensus, the Government need to proceed with legislation that will resolve the real difficulties that the protocol is presenting for the people of Northern Ireland and our place in the Union?

[Brandon Lewis]

Yes; the Government have been clear that we are determined that the political settlement in Northern Ireland is based on respect and understanding between all communities and the consent of those communities. The protocol is clearly undermining that, and that has to be resolved. That is what we are seeking to do through our legislation. We would like to get an agreement with the EU, but we need to move on and get this legislation in place as we have been unable to secure that agreement with the EU, in order to protect the internal market of the UK, the people and businesses of Northern Ireland and all three aspects of the Belfast/Good Friday agreement.

[Dr Andrew Murrison (South West Wiltshire) (Con)]

The Government invested a great deal of good faith in signing the protocol and they were entitled to expect the same good faith in return. It is now pretty clear that the protocol, in practice, has not proved to be compatible with the Good Friday agreement. Will the Government now consider triggering article 16, particularly given the casual, if fleeting, use of that measure by Ursula von der Leyen?

[Brandon Lewis]

My right hon. Friend makes an important point about how the EU has already triggered article 16, for example, to create disruption with the vaccine roll-out during covid, which highlighted how it views the north-south potential and the potential of the Belfast/Good Friday agreement. We are determined to resolve the issues overall. As we have said previously, we do not want to trigger article 16. We take nothing off the table, but we are very clear that our proposed legislation resolves the issues that the protocol is creating and it is the right move to take.

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

4. What recent discussions the Government has had with the EU on the Northern Ireland Protocol Bill.

[The Secretary of State for Northern Ireland (Brandon Lewis)]

Our preference remains to resolve the problems with the protocol through talks. Our door remains open to discussions, but the EU has so far not been willing to make meaningful changes to the protocol, which are necessary to deliver the solutions needed.

[Gavin Newlands]

I thank the Minister for that answer, but the Government walked away from negotiations. By rejecting negotiation in favour of lawbreaking and, in doing so, disregarding the wishes of the majority of MLAs, businesses and the Northern Irish public, the UK Government have utterly destroyed the trust that not only the EU had in the UK, but that Ireland and the United States had too. Trust is easily lost and hard won, so how do the Government plan to be seen as a good faith partner in international negotiations ever again?

[Brandon Lewis]

Last year, we published a Command Paper that set out solutions, with which the EU has never properly engaged. It did publish its ideas in October, which the business community in Northern Ireland said did not work. We have continually been in engagements and negotiations with the EU. It has been clear that it is not willing to show the flexibility needed to resolve the protocol issues, which is why we have introduced this Bill.

The hon. Gentleman might want to look back at Hansard to see the statement from the Foreign Secretary when we introduced the Bill. We are very clear, as I have said today, that we will continue to negotiate with the EU. We would like to seek a resolution by agreeing with the EU, but it is right that we table this legislation at this point as well to resolve the issues.

[Martin Docherty-Hughes]

Belfast harbour has reported levels of trade and increase in turnover of profits of 17% to £73.3 million from 2021, with pre-tax profits up 13% to £34 million. Can the Secretary of State advise the House why their Government would jeopardise 25.6 million tonnes of cargo, a 9% increase on the 23.5 million a year earlier, which was up by 5% on the previous record levels of 2019, by unilaterally changing the Northern Ireland protocol?

[Brandon Lewis]

The hon. Gentleman should read the full article, because then he would realise that, between the easements, the standstill and the grace periods, we are not actually fully implementing the protocol let alone the other business that Belfast harbour takes in that has nothing to do with the protocol. What we do know is that—

[Mr Speaker]

Order. Mr Docherty-Hughes, I think those whippets that you own need a little walk. That is where you will be going shortly.

[Brandon Lewis]

I will leave the hon. Gentleman to read the article, so that he can realise just how wrong his question was.

[Dr Neil Hudson (Penrith and The Border) (Con)]

Many of the issues related to trade and movement of goods between Great Britain and Northern Ireland are plant and animal-related. What progress have the Government made in trying to secure an arrangement between the UK and the EU on veterinary and sanitary and phytosanitary matters? That would address these issues and also enhance the UK’s biosecurity.

[Brandon Lewis]

My hon. Friend makes an important point. One frustration with this failure by the EU to see the flexibility that we need is that, by resolving some of these issues, we could have avoided the need for us to legislate and to take this period of time to resolve things. Our legislation will resolve all of these issues and create a method that not only protects the EU single market, but, importantly, works for businesses, works for citizens, and works for all three aspects of the Good Friday agreement, dealing with those very issues that he raises.

[Jacob Young (Redcar) (Con)]

One of my predecessors in Redcar was the political giant Dr Marjorie Mowlam, most notable for her work in securing the Belfast/Good Friday agreement. Can the Minister confirm that any arrangement we reach with the EU in relation to the protocol will take account of and address the issues that are disrupting the delicate balance of that agreement?

[Brandon Lewis]

My hon. Friend is absolutely right. It is important that we respect the balance in that agreement. It is important because it has given us peace for 24 years, and that is where our focus is.

[Mr Speaker]

I call the SNP spokesperson.

[Richard Thomson (Gordon) (SNP)]

I have to remind the Secretary of State that it was this Government who signed up to the trade and co-operation agreement and the Northern Ireland protocol as it currently stands. It might not be necessary to try to renegotiate had more time been given over to this Chamber to allow Members to scrutinise it before it entered into law. Does the Secretary of State regret the decision taken by the Government to curtail the amount of parliamentary time available to Members to scrutinise that before Brexit was done?

[Brandon Lewis]

I think the hon. Gentleman is arguing to go back in time and take even longer to get Brexit done. I am not sure the British public or anybody would thank him for that, but of course the business of the House is generally agreed through the usual channels; that is always the case.

[Liz Twist (Blaydon) (Lab)]

5. What steps the Government is taking to help reduce the cost of living in Northern Ireland.

Recognition of Ulster Scots as a National Minority and Funding for An Ciste Infheistíochta Gaeilge,

Brandon Lewis Excerpts

Wednesday 25th May 2022 Written Statements

[The Secretary of State for Northern Ireland (Brandon Lewis)]

Today, the Government are recognising officially Ulster Scots as a national minority under the Council of Europe framework convention for the protection of national minorities, and are announcing £4 million in funding for An Ciste Infheistíochta Gaeilge, the Irish language investment fund. This delivers on two of the Government’s commitments in the New Decade, New Approach agreement (NDNA).

NDNA placed an emphasis on respect for, and mutual understanding of, Northern Ireland’s diverse national and cultural identities. The carefully balanced package of measures within it will benefit everyone in Northern Ireland.

Ulster Scots have a proud history and a distinct language, heritage and culture, and this recognition will afford them the same status as other minorities in the UK. The recognition of Ulster Scots is without prejudice as to whether they meet the definition of a “racial group” under the Equality Act 2010, as only the courts can rule on this matter.

The Irish language forms another key part of Northern Ireland’s rich tapestry of identities, languages and cultures. Through the NDNA financial package, the UK Government will make available £4 million to be provided to An Ciste Infheistíochta Gaeilge for capital grant funding to non-profit organisations promoting the Irish language.

The Government are proud to deliver on the commitments they made to the people of Northern Ireland in NDNA, and today’s announcement will support that vision of greater inclusion, tolerance and openness in Northern Ireland.

[HCWS56]

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Brandon Lewis Excerpts

2nd reading
Tuesday 24th May 2022 Commons Chamber

[The Secretary of State for Northern Ireland (Brandon Lewis)]

I beg to move, That the Bill be now read a Second time.

The troubles represented a terrible period in Northern Ireland’s past and in these islands as a whole. They claimed the lives of some 3,500 people in Northern Ireland, across Great Britain and in Ireland. They left tens of thousands injured and they impacted all aspects of our society. Many across the whole of our country still bear the scars, both visible and invisible, today. That Northern Ireland in 2022 has come so far in so many ways is a testament to the spirit and strength of its people and to the vision, bravery and determination of those who forged the Belfast/Good Friday Agreement. It is also a testament to the sacrifice of those men and women who went out each morning to uphold democracy and save lives, rather than those who went out to take them.

Looking around today, I see many wonderful examples of a transformed, inclusive, peaceful Northern Ireland, yet despite this exceptional progress, the troubles continue to cast a shadow over all those impacted and over wider society. Community tensions and divisive politics can undermine stability. This legacy of the troubles is an issue that successive Governments have attempted but ultimately been unable to resolve, because it concerns one of the most complex, sensitive and difficult periods in our country’s history, but we cannot stand by and do nothing; we cannot let the status quo continue. To do that would be a dereliction of our duty to the people of Northern Ireland and to those who served their country during that dark period. It would be a dereliction of duty to families across the United Kingdom who still seek answers about what happened to their loved ones, in some cases more than 50 years ago.

This Government recognise the huge challenges involved in seeking to address Northern Ireland’s past. We have a responsibility to ensure that future generations do not suffer in the same way as those who have gone before them. With every year that goes by, the opportunity to obtain answers for those who lost loved ones in the troubles diminishes further. We have a responsibility to ensure that children can grow up together, be educated together and understand all aspects of our shared past—a past that, at times, was bitter, difficult and inordinately painful for everyone involved.

The current system is broken. It is delivering neither justice nor information to the vast majority of families. The lengthy, adversarial and complex legal processes do not offer the most effective route to information recovery, nor do they foster understanding, acknowledgment or reconciliation. Faith in the criminal justice model to deal with legacy cases has been undermined. The high standard of proof required to secure a successful prosecution, combined with the passage of time and the difficulty in securing sufficient evidence, means that victims and their families very rarely, if ever, obtain the outcome they seek from the process.

We need to be honest about the limitations of focusing on criminal justice as a means to secure truth and accountability in relation to what happened to those who were killed or injured. It is arguably cruel to perpetuate false hope while presenting no viable alternative to deliver the information that so many families and survivors seek. That is why we are introducing legislation that seeks to address this most difficult and sensitive of issues.

[Jim Shannon (Strangford) (DUP)]

The Secretary of State mentioned those who served in uniform. I remind him gently and kindly, but seriously as well, that my cousin Kenneth Smyth and his friend Daniel McCormick, both in the Ulster Defence Regiment, neither of whom were able to—excuse me. No IRA man was ever made accountable for their murders 51 years ago. Stuart Montgomery, a wee 20-year-old police officer was murdered outside Pomeroy—no IRA man was ever made accountable for his murder. John Birch, Steven Smart, John Bradley and Michael Adams, the four UDR men killed at Ballydugan, four men who served this country in uniform—no one was made accountable for their murders.

Secretary of State, you can understand the angst and the agony that I have on behalf of my constituents. I want to have the justice that they have been denied for over 50 years—in the case of the four UDR men, for 32 years this Sunday past. What are you doing to make sure that happens?

[Brandon Lewis]

The hon. Gentleman gives a powerful and clear outline of the difficulty and pain that people feel, as he has just shown, in this very complex and sensitive area. He makes that point better than almost anybody else could. He touches on the very challenge we face, as we have seen over the past few decades, with the failure of the current system to bring that accountability, understanding and truth for people. As I will outline over the next few minutes, through this legislation we want to achieve an outcome that means people get the truth, with which comes accountability. He is right to focus on that for his constituents.

[Tony Lloyd (Rochdale) (Lab)]

Like the hon. Member for Strangford (Jim Shannon), I have met many victims of the violence and the loved ones of those who died. They still want the Stormont House agreement to be implemented. The Secretary of State has to account for this. The civil proceedings on the Ormeau Road events revealed a lot of detail, as did the Kingsmill and Ballymurphy inquests. They all revealed truths that had not been known. What the Secretary of State describes as an adversarial approach to seeking justice actually works. This will disappear and he has to account for that.

[Brandon Lewis]

It is not going to disappear. What we are looking to do is to have a full, independent, investigative, article 2-compliant process. I will touch on that in the next few minutes.

[Several hon. Members rose—]

[Brandon Lewis]

I will just make a bit of progress and then take some more interventions.

Drawing its core principles from the important work and principles of Stormont House, which the hon. Gentleman mentioned, this legislation focuses on effective and timely information recovery, and the answers and accountability that come with it, for both families and survivors, as well as aiding reconciliation and helping society move forward.

The Bill will deliver on our manifesto commitment to the veterans of our armed forces, security services and the Royal Ulster Constabulary by providing the men and women who served to protect life in Northern Ireland with the certainty they also deserve. Many of them, of course, are also victims, or friends and family of victims.

No longer will our veterans, the vast majority of whom served in Northern Ireland with distinction and honour, have to live in perpetual fear of getting a knock at the door for actions taken in the protection of the rule of law many decades ago. With this Bill, our veterans will have the certainty they deserve and we will fulfil our manifesto pledge to end the cycle of investigations that has plagued too many of them for too long.

I acknowledge the many hon. and right hon. Members on both sides of the House, particularly my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois) and my hon. Friend the Member for Plymouth, Moor View (Johnny Mercer), as well as my right hon. Friends the Members for Chingford and Woodford Green (Sir Iain Duncan Smith) and for New Forest East (Dr Lewis) and the hon. Member for Barnsley Central (Dan Jarvis), who have campaigned tirelessly and with great dignity on this issue. Indeed, I recognise that many victims and veterans groups more widely across Northern Ireland and Great Britain have campaigned for a long time for better outcomes for victims and survivors.

We were clear when we published our Command Paper last July that we would listen to feedback with an open mind, and my team and I have done just that over the last 10 months. We have heard the pain and perspectives of people from all viewpoints and communities. During those conversations, we repeatedly had to confront the very painful reality that, with more than two thirds of troubles-related cases now 40 years old, the prospect of successful prosecutions is vanishingly small, which is why this legislation marks a definitive shift in focus by having information recovery for families at its core.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

In all candour, I do not envy the Secretary of State’s task. He describes it as painful, difficult and sensitive. All those words are absolutely correct, but this is not the first time we have been in this situation. Since the days of John Major and Tony Blair, the only way we have been able to make progress is to get everybody together to build consensus and then introduce legislation. It is surely already apparent from today’s debate that the Secretary of State does not have that consensus, so what does he hope to achieve by introducing this legislation?

[Brandon Lewis]

The right hon. Gentleman makes a reasonable point. As I said, it is widely acknowledged that this is a very difficult and painful area on which there has not been consensus. There was not even full cross-party consensus on Stormont House. That is why there are times like this when, having listened to everybody—the political parties, the victims groups and the veterans groups—it is sometimes for us in Government to take those difficult decisions to find a way forward that can deliver a better outcome for people.

[Dr Julian Lewis (New Forest East) (Con)]

I think I heard my name in the list the Secretary of State read out earlier.

As early as April 2017, the Select Committee on Defence recommended a statute of limitation combined with a truth recovery process. One reason we felt able to recommend this is that the Northern Ireland (Sentences) Act 1998 meant that no one, no matter how many murders they had committed, could face a jail sentence of longer than two years, which meant being released in one year or 18 months at most. So there is no question of punishment fitting the crime, and there is no question of it not being the same for service personnel and terrorists—the Act has already established that—so the question is, what will stop the process, because the process of trying elderly veterans is the punishment, rather than the sentence.

[Brandon Lewis]

My right hon. Friend makes an important point. I am very aware that the Defence Committee has published two reports in this area, and they are well worth reading. They recognise the changes that mean the criminal justice system for these cases is not like the criminal justice system for other types of crime across the United Kingdom. The reality is that, after the Belfast/Good Friday agreement, we had the 1998 Act and decommissioning, among other things that I will touch on in a moment, and it means that we in Government are looking at what we can do, based on the reality of where we are, with a very difficult and imperfect situation that has developed through difficult decisions made in the past, to deliver a better outcome in the future.

It is also about understanding that, regrettably, a distorted narrative of the past has developed over time. This legislation will help to ensure that more victims and survivors, some 90% of whom are of course victims of terrorist violence, are able to obtain answers about those who caused it.

[Jim Shannon]

The person who killed Lexie Cummings, who was murdered in Strabane, escaped across the border with an on-the-run letter. Where is the justice for Lexie Cummings’ family, when his killer has an on-the-run letter, gets away with it and now has a prominent role in a political party across the border? Where is the justice, Secretary of State?

[Brandon Lewis]

If the hon. Gentleman will bear with me just a few minutes, I will answer that very question very specifically.

[Dr Andrew Murrison (South West Wiltshire) (Con)]

I applaud the intent of the Bill and I want to see the end of the harassing of our veterans—people who have served this country well in uniform. My right hon. Friend talks of accountability a lot. Where is the accountability in the granting of immunity to people who have murdered or seriously maimed other people?

[Brandon Lewis]

My hon. Friend makes a very important point. One of the things that has been clear in talking to victims groups, and obviously one of the challenges of this issue is that different people, even within the same family, can have very different views about what they see as a successful outcome for their family, in terms of finding a resolution, or information and understanding. With that information and understanding, as the Bill will outline, can come accountability. It is right that we have accountability, but as my right hon. Friend the Member for New Forest East, who was Chairman of the Defence Committee, outlined in his report, we cannot have justice in the sense of the punishment fitting the crime following what was done in the Northern Ireland (Sentences) Act. I will touch on that in a few moments.

[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I am listening carefully to my right hon. Friend. May I ask him a linked question? Is not one of the problems that those who can be pursued through the courts tend to be those who were working on behalf of the Government, because there are records, which are well kept and in huge detail? There is little in the way of records on those who committed terrorist acts, on whichever side of the community. What, in general and specific terms, will happen to the letters of comfort that have caused such chaos in many of those cases?

[Brandon Lewis]

My right hon. Friend makes the same point, and I will deal with that issue specifically in a few moments.

My message to victims and survivors, many of whom have engaged with us since we published the Command Paper last year, is that we have listened, and carefully. We understand that, no matter how small the prospect of a successful criminal justice outcome, that possibility is something that they do not want to see removed entirely, and I know that, despite the changes we have made, this legislation will none the less remain challenging for some.

I want to say directly to all those individuals and their families that I, and we as a Government, respect the personal tragedies that drive their determination to seek the truth and accountability for the losses that they have suffered. I share that determination. The Government are not asking and would never ask them to forget what they have been through in the name of reconciliation. This is about finding a way to obtain information and provide accountability more quickly and comprehensively than the current system can and in a way that aids reconciliation both for them and for the whole of Northern Ireland.

I am immensely grateful to the many people who have engaged with us, sharing their deeply moving experiences and helping us to understand the sheer frustration and hurt that they feel over the loss of loved ones. Every tragedy remains raw, as we have seen even this afternoon in this Chamber, with the pain of many as strong today as it was on the day it happened.

[Stephen Farry (North Down) (Alliance)]

I have a question about engagement with the Command Paper. The Secretary of State will know that virtually every victims group and every political party had major concerns about that. With whom have the Secretary of State and his officials engaged on the details of the revised legislation? As far as I can see, not a single victims group in Northern Ireland has been engaged with on the details, never mind supports it. The Northern Ireland Human Rights Commission, which the Government have a statutory duty to consult, have not been engaged with. The political parties in Northern Ireland have not been engaged with. So who exactly have the Government engaged with on the Bill before us today specifically?

[Brandon Lewis]

I do not recognise that description of events from the hon. Gentleman. There has been wide engagement on this, both with the political parties, including his own just last week, and with parties more widely.

The first part of the Bill provides that, for the purposes of this legislation, the period of the troubles is defined as beginning on 1 January 1966 and ending on 10 April 1998—the date of the signing of the Belfast/Good Friday agreement. Part 2 provides for the establishment of a new independent commission for information recovery, tasked with carrying out robust, effective and thorough investigations into the deaths and injuries that occurred during the troubles, for the primary purpose of information recovery.

We recognise the importance of the new commission being able to deliver its functions with absolute independence. This will be crucial to gaining the trust of families, survivors and individuals who decide to engage in the information recovery process. That is why the UK Government will have absolutely no involvement in the commission’s decision-making process. The new commission will have all the necessary policing powers to conduct its own thorough investigations, including the ability to compel witnesses and test forensics. The body will be supported for the first time by a legal requirement for full disclosure from UK Government Departments, security services and arm’s length bodies to make sure that it can gather all the evidence that it needs to establish what happened in each case.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

I recognise that my right hon. Friend and the Government are doing their level best in good faith to deal with a sensitive and intractable situation. Does he recognise that the establishment of the Goldstone commission in South Africa, which is not an exact parallel but has similarities, was itself beset by considerable controversy at the beginning, but its ultimate success was largely due to the stature and integrity of Justice Richard Goldstone as its chair? He was a former Supreme Court judge of South Africa and a former prosecutor for the international tribunals in both Yugoslavia and Rwanda, so a man of impeccable integrity and independence. Will my right hon. Friend make sure that, when we look for someone to be the chief commissioner, that is exactly the sort of person we will seek—someone with experience in these jurisdictions, but not necessarily even from the UK jurisdiction? Having someone of that level of standing will be critical, will it not, for the credibility of the decisions that the commission will be entrusted with?

[Brandon Lewis]

My hon. Friend is right in the example that he gives. I will reference another one later. Operation Kenova has been successfully led and was also regarded with some scepticism at the beginning. It has shown that a piece of work, if properly done by the right people, can gain credibility, acceptance and understanding. My hon. Friend gives a good outline of exactly how this can be taken forward in a successful way for people.

[Richard Drax (South Dorset) (Con)]

I commend the Government for doing all they can to deal with this sensitive issue—as we have seen today. Having served in Northern Ireland for three tours, I quite understand where the sensitivity comes from. If this commission is going to find the truth, the likelihood is, as my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) has said, that on the soldiers’ side the evidence is there but for terrorists on both sides of the divide, it is not. How are the victims going to get the peace that we all want them to have when the truth is unlikely ever to be found?

[Brandon Lewis]

My hon. Friend makes a good and important point. He is quite right. One of the challenges is the point about balance that I made a few moments ago. As we go forward it is important, first, that records will be made available in a way that they have not been made before, going beyond what we have done before with a legal duty for the first time on Government Departments, agencies and bodies, which will mean that a whole range of information will be available for the commission to look at. Of course, if people come forward with information, particularly in a demand-led process, as I will outline in a few moments, it will provide an opportunity for people to seek the investigation of crimes by an investigatory body with the right kinds of powers. Those crimes were committed in the vast majority, as he has rightly outlined, by terrorists who went out to do harm in Northern Ireland.

We as a Government accept that, as part of this process, information will be released into the public domain that may well be uncomfortable for everyone. It is important that we as a Government acknowledge our shortcomings, as we have done previously in relation to that immensely challenging period. It is also important, as hon. Friends have said this afternoon, that others do the same. Some families have told us that they do not want to revisit the past, and we must respect that. The new commission will therefore be demand-led, taking forward investigations if requested to do so by survivors or the families of those who lost their lives. The Secretary of State will also be able to request a review, ensuring that the Government can fulfil their obligations under the European convention on human rights.

[Ian Paisley (North Antrim) (DUP)]

The Secretary of State used an interesting phrase when he said that others must play their part. On the Northern Ireland Affairs Committee, we have heard evidence of hundreds of people being murdered along the border between Northern Ireland and the Republic of Ireland but the terrorists having then fled to the safety of the Republic of Ireland for sanctuary and stayed there. What assistance, if any, has the Republic of Ireland given? Will any evidence that is gathered there never be made available to the commission in Northern Ireland? Will we therefore have a blindsided, one-sided process that does not allow the Republic of Ireland to be held to account for its covering over and hiding of terrorists for decades?

[Brandon Lewis]

I know that the hon. Gentleman and other colleagues have previously raised cases with both me and the Irish Government. One thing that was outlined in the papers that were signed off and agreed by me and the Minister for Foreign Affairs in the Irish Government around a year ago was that the Irish Government also committed to bringing forward legislation in Ireland on information recovery, to deal with that very point.

[Ian Paisley]

Where is it?

[Brandon Lewis]

I have not seen it yet, but I hope we will soon see something from the Irish Government to ensure that in both jurisdictions we are working to make sure that people have as much access to information as possible.

Written reports of the commission’s findings will be provided to the families or survivors who request an investigation. The reports will also be made publicly available, to provide accountability by ensuring that wider society can access the commission’s findings and understand and acknowledge the events of the past.

After we published our Command Paper, many individuals and organisations told us that an unconditional statute of limitations for all troubles-related offences was just too painful to accept. They said that we must not close the door on the possibility of prosecutions, however remote the chances might be. We have also heard from those in our veterans community who are uncomfortable with any perceived moral equivalence between those who went out to protect life and uphold the rule of law and terrorists who were intent on causing harm. Of course, there never could be a moral equivalence of that type.

For the reasons I have just set out, we have adjusted our approach to make this a conditional model. To gain immunity, individuals must provide, if asked, an account to the new commission that is true to the best of their knowledge and belief. That condition draws parallels with aspects of the truth and reconciliation commission that was implemented in South Africa, as my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) outlined. The commission will require individuals to acknowledge their involvement in serious troubles-related incidents and to reveal what they know.

Let me turn to a point made by my right hon. Friend the Member for Chingford and Woodford Green and others. The provisions will also apply to individuals who have previously been provided with the so-called on-the-run letters, or letters of comfort. When issued, those letters confirmed whether or not an individual was wanted by the police, based on evidence held at that time. However, I want to be crystal clear that the letters have absolutely no legal standing and cannot be used to prevent prosecution under this new approach.

[Mr Gregory Campbell (East Londonderry) (DUP)]

On the OTR letters, some of us stated at the time, and have done since, that the only way that the people of Northern Ireland and across the UK will be able to understand and believe that the OTR letters are null and void is when a person in receipt of such a letter stands in a court of law and the judge says, “Irrelevant. The case will proceed.”

[Brandon Lewis]

I take the hon. Gentleman’s point. That is why I made the point I just made, which I will repeat because I want to be absolutely clear about this: these letters have no legal standing. They cannot and will not be accepted and they cannot be used to prevent prosecution under this new approach. The new body’s investigations will continue regardless of people holding those kind of letters.

[Ian Paisley]

rose—

--- Later in debate ---

[Brandon Lewis]

I am just going to make a bit of progress.

It is crucial that people with the right level of expertise take the important decisions, as my hon. Friend the Member for Bromley and Chislehurst outlined. That is why a judge-led panel will make the decisions about whether immunity should be awarded, aided by guidance that we will publish prior to any such decisions being made.

The introduction of this legislation is firmly in the context of the Belfast/Good Friday agreement and the decisions taken as a result of that agreement in the name of peace and reconciliation, outlined by others this afternoon, that have already fundamentally altered the criminal justice model in Northern Ireland for troubles-related offences.

[Sir Iain Duncan Smith]

Let me ask my right hon. Friend a specific question. If somebody who committed a terrorist act appears before the truth and reconciliation commission and, during that appearance, talks a lot about what happened and names names, including the name of somebody who was involved in such a crime with them but refuses to give evidence to the commission, will the courts use the evidence provided as part of the truth and reconciliation process to prosecute the individual who refuses to testify before the commission?

[Brandon Lewis]

Yes. I will go further: as we will outline in guidance, people will not be able to benefit if they come forward at the last moment. They have to engage at the point when they are asked. The short answer to my right hon. Friend’s question is yes.

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

I welcome the fact that after four years and two general election manifestos, the Government have finally brought forward the Bill that they have been promising the House for so long, but will the Secretary of State reassure me and my colleagues on one very important point? There are suggestions that the reconciliation process could take five years or longer. Many of our veterans are in the autumn of their lives, many are in poor health and some may well pass away before we get to that point. Will the Secretary of State reassure me and the House that this legislation, which was advertised as bringing vexatious prosecutions to an end, will not actually institutionalise precisely that problem?

[Brandon Lewis]

Yes, I can give that assurance. As will be shown throughout the Bill’s passage, we are absolutely determined that it does not institutionalise the kind of problem that we are seeking to resolve, as well as, obviously, looking to deliver for the people of Northern Ireland. I can give my right hon. Friend that reassurance.

[Ian Paisley]

rose—

[Brandon Lewis]

I shall take one more intervention and then make a fair bit of progress.

[Ian Paisley]

I thank the Secretary of State allowing this intervention. On the matter of the on-the-runs, can he confirm that Rita O’Hare is still wanted by the authorities for her deeds in respect of the murder of British personnel? Can he confirm that an elected representative in Northern Ireland holds an OTR letter?

--- Later in debate ---

[Brandon Lewis]

I am sure the hon. Gentleman will appreciate that I am not going to comment on particular cases, but I will say again that the so-called on-the-run letters have no basis in law and will not prevent or play a part in the process that we are outlining in this Bill. If somebody is in possession of one of those letters, they will still be subject to this legislation and, potentially, to prosecution.

As I have outlined, as a country we have already fundamentally altered the criminal justice model in Northern Ireland for troubles-related offences. We have seen the early release of prisoners under the Northern Ireland (Sentences) Act 1998 and the process of secretly decommissioning weapons, and of course there is already an effective amnesty for those who provide information to the Independent Commission for the Location of Victims’ Remains. Although the Government believe that the difficult decisions taken at those points were absolutely right for the peace process, the overall approach to addressing legacy issues has not since been adjusted to reflect those very decisions.

We cannot simply pretend that things did not happen or that challenging compromises were not rightly made. As a result, the context in which we approach these issues is fundamentally different from that for any other crime across the country. The Bill strikes a balance between a focus on information recovery through an investigative process that is compliant with international obligations, and ensuring that those who choose not to engage will remain liable to prosecution, should the evidence exist. The provisions will apply to everyone equally.

Part 3 of the Bill details the impact of the proposals on ongoing and future proceedings within the current criminal, civil, inquest and police complaints systems. From the date the Bill comes into force, no other organisation in the UK, apart from the new information recovery commission, will be able to take forward a criminal investigation into a troubles-related incident.

[Sir Robert Neill]

Will my right hon. Friend give way on the criminal justice point?

[Brandon Lewis]

Just a moment.

Any existing cases in which a decision has been taken to prosecute will be allowed to continue to their conclusion. Future prosecutions will remain a possibility for those involved in offences connected to a death or serious injury, if they do not actively come forward. We have listened to the concerns expressed, following the publication of our Command Paper, about active civil claims and inquests, which is why we no longer propose to bring them to an immediate end. Civil claims that had already been filed with the courts before the Bill was introduced will be allowed to continue, but new cases will be barred. Inquests that have reached an advanced stage by 1 May next year, or the date on which the new commission becomes operational, will continue. New and existing inquests that have not reached an advanced stage by that point will not continue in the coronial system, but may be referred to the judge-led commission for investigation.

[Sir Robert Neill]

I am grateful to the Secretary of State for giving way again. Will he help me on two matters? First, will he explain—this harks back to the point made by my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith)—how he envisages the interaction between clause 7, which will set limitations on the admissibility of certain material in criminal prosecutions, and the provision in clause 22 on the commission’s power to refer material? By the sound of it, compelled testimony and other types of material will be excluded, in meeting what I take it will be the full code test that will be applied by the relevant prosecuting authority.

Secondly, has the Secretary of State assessed the risk of satellite litigation by means of legal challenges to the decisions of the commission to make referrals? How will such challenges be dealt with?

[Brandon Lewis]

My hon. Friend, as ever, makes insightful points. We are cognisant of those things and will go through them in Committee and in the guidance that we will issue. That is why it is important, referring to his earlier point, that this is a judge-led commission, which involves very highly respected investigative individuals in the process.

While addressing the legacy of the past rightly focuses on those most directly affected, it is a sad fact that the troubles have touched the lives of everyone in Northern Ireland, and across the rest of these islands in different ways, including many of those born after the Belfast/Good Friday agreement was signed. It is therefore important that we think of reconciliation and remembering in a societal as well as in an individual context. That is why, under part 4 of the Bill, an expert-led memorialisation strategy will lay the groundwork for inclusive new structures and initiatives to commemorate the tragic events of the past—to help us all collectively remember those lost and ensure that the lessons of the past are not forgotten.

[Stephen Farry]

Will the Secretary of State give way?

[Brandon Lewis]

No, I will make some progress.

A major new oral history initiative will be launched. We will want to make this one of the most ambitious and comprehensive approaches to oral history that has ever been attempted, drawing on international models and concentrating on collating lived experiences and testimony and setting them within their appropriate historical context. The public, including academics and historians, will have access to more information than ever before. As well as opening up archives in a major digitisation project, rigorous new academic research commissions will allow for a fuller examination of the conflict than has ever been possible. This will be supported by a new official history, led by independent historians with unprecedented access to the UK documentary record. Consistent with the Stormont House agreement, these provisions will create opportunities for people from all backgrounds, particularly those who may not have been heard before, to share their experiences and perspectives relating to the troubles and to learn about those of others.

The legislation we are bringing forward will implement a legally robust and effective information recovery process that will provide answers to families, uphold our commitment to those who serve in Northern Ireland, and help society to look forward, while, importantly, also recognising that those who chose, or do choose, not to reveal what they know should remain indefinitely liable to the threat of prosecution. We must recognise that, notwithstanding the important changes that we have made to the proposals as set out in July last year, this legislation, I accept, will be very challenging for many.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

I thank the Secretary of State for giving way. My hon. Friend the Member for Belfast East (Gavin Robinson) will hone in and focus on this in more detail in his contribution, but there is one point that I want to raise. One of the most difficult aspects of the Belfast agreement was the decision that, if someone was convicted of a terrorist-related offence, they would serve a maximum of two years in prison. Under the proposed Bill, that will now be reduced to zero tariff—no time spent in prison. Where is the incentive in all of this for someone to come forward and to co-operate in a possible prosecution process when they know that, at the end of the day, if they just hunker down for the next five years and say nothing, there is no downside for them because they will never go to prison anyway?

[Brandon Lewis]

I appreciate the right hon. Gentleman’s point, and I know that it is one that he and his colleagues want to explore over the period ahead, and I look forward to discussing this with them. However, there is a very big difference here with somebody having a criminal prosecution. One thing that has been fed through to us, and one comment that has been made in a number of engagements with different groups and parties, is that it is not necessarily about somebody serving time in prison, which, as a number of colleagues have said this afternoon, no longer necessarily fits some of the heinous crimes that were committed by terrorists during that period. It is about that accountability that comes with a prosecution if one is successful. None the less, I do recognise the point that he has made.

Trust and confidence in the new commission will need to be earned through its actions. As the commendable work of Jon Boutcher and Operation Kenova has proven, this can be done and has been done successfully in that example. As the historic Belfast/ Good Friday agreement approaches its 25th anniversary, now is the moment to move forward in dealing with the terrible legacy left by the troubles, to find answers for families who seek it, to provide accountability for the wrongs done on all sides and, ultimately, to bring understanding to the next generation so that they can move forward in peace in a society that has reconciled itself with the horrors of its past.

This is a hugely significant step towards enabling true reconciliation. In order to enable society to look forward with confidence, letting the status quo continue is just not good enough. Compassion and commitment require honesty about these painful realities and about the difficult compromises that we have already had to make and that we need to make going forward. The moment has come for us all to face these head-on for the sake of the next generation.

The Northern Ireland Office has recently relocated to offices in the centre of Belfast, which is another sign of progress and something that would have perhaps seemed unthinkable 20 years ago. On the building opposite our entrance, there is a quote on the wall that colleagues will have seen as they walk past, or visit, that establishment. It reads:

“A nation that keeps one eye on the past is wise. A nation that keeps two eyes on the past is blind.”

That is our challenge: to see how we can provide families and society with a way to remember and reconcile, but also enable us to look forward and to focus on a better future for all. I commend the Bill to the House.

[Several hon. Members rose—]

--- Later in debate ---

[Dr Lewis]

That is absolutely right. It is all about protecting innocent service personnel from the vexatious use of the legal process. As I said in my intervention on the Secretary of State, it is not the punishment, but the process; indeed, the process is the punishment.

In the Defence Committee’s inquiry, we were fortunate to discuss with four eminent professors the applicability of the statute of limitations. Of course, I do not attribute my views to any of them, but I record the then Committee’s gratitude to Professor Sands, Professor Rowe, Professor McEvoy and Professor Ekins. They made it very clear that any statute of limitations had to apply to everybody or to nobody; there could be no legislating for state impunity.

The professors also made it clear that international law required not a prosecution, but an adequate investigation, and that that requirement could be met by a truth recovery process. The one concession that I make to those who have been criticising the Bill is that the Government need to be absolutely sure that the truth recovery process that they propose will stand up to that test in international law.

[Brandon Lewis]

indicated assent.

[The Minister of State, Northern Ireland Office (Conor Burns)]

indicated assent.

Northern Ireland Abortion Services

Brandon Lewis Excerpts

Thursday 19th May 2022 Written Statements

[The Secretary of State for Northern Ireland (Brandon Lewis)]

Section 9 of the Northern Ireland (Executive Formation) Act 2019 places me under a legal duty to ensure that women and girls in Northern Ireland can access abortion services. I am determined to ensure that women and girls in Northern Ireland can access abortion services in the same way as those living in the rest of the United Kingdom.

On 22 July 2021, I gave a direction to the Northern Ireland Department of Health, and to the health and social care board, to commission and make abortion services available by 31 March 2022. The Department of Health has not met that deadline, and it is now clear that no progress will be made towards the provision of these services.

It has always been my preference that, as a devolved matter, the Department of Health delivers these services. However, with over two years having passed since the Abortion (Northern Ireland) Regulations 2020 established a framework, women and girls are still unable to access high-quality abortion and post-abortion care in Northern Ireland. This is entirely unacceptable.

Today, I am therefore laying regulations that:

remove the need for Executive Committee approval before services can be commissioned and funded by the Department of Health. The regulations will do this by providing that directions under the Abortion (Northern Ireland) Regulations 2021, which require action to be taken to implement the recommendations of the Committee on the Elimination of all forms of Discrimination Against Women (CEDAW Report), must be complied with irrespective of whether the matter has been discussed or agreed by the Executive Committee; and

confer on a Secretary of State the power to do anything that a Northern Ireland Minister or department could do for the purpose of ensuring that the recommendations in paragraphs 85 and 86 of the CEDAW report are implemented. For the purpose of determining what a Northern Ireland Minister or department could do, any need for Executive Committee approval will be disregarded. Whilst the regulations will also provide a Secretary of State with the power to provide financial assistance for the same purpose, as a devolved matter it remains the responsibility of the Northern Ireland Executive to fund abortion services in Northern Ireland.

This means that the Department of Health will have no further barriers to commission and fund services. I am steadfast in my belief that the Department of Health should drive forward the commissioning of abortion services without further delay in Northern Ireland.

If the Department of Health does not commission and fund abortion services as directed, I will intervene further. To ensure I have all the information required in those circumstances, a small team that I am establishing in the Northern Ireland Office will work alongside the Department of Health and take this forward.

[HCWS39]

Northern Ireland Assembly Election

Brandon Lewis Excerpts

Wednesday 11th May 2022 Written Statements

[The Secretary of State for Northern Ireland (Brandon Lewis)]

Last Thursday, the people of Northern Ireland went to the polls to choose their elected representatives. The results of that election were confirmed on Sunday 8 May 2022.

I want to offer my congratulations to all those who were elected and encourage the parties to form an Executive as soon as possible. The people of Northern Ireland deserve a stable and accountable devolved Government that delivers on the issues that matter most to them.

Earlier this year, the Northern Ireland (Ministers, Elections and Petitions of Concern) Act passed through Parliament. That legislation provides for a period of up to 24 weeks after an election for Northern Ireland’s political representatives to restore the devolved institutions. During this time, Northern Ireland Ministers in post before the election who were re-elected can remain as Ministers to support the delivery of public services.

I met with the leaders of the five largest parties in Northern Ireland on Monday 9 May and urged them to restore a fully functioning Executive and Assembly at the earliest possible moment, starting with the nomination of an Assembly Speaker. An Executive will only be formed if Sinn Fein nominates a First Minister and if the DUP nominates a deputy First Minister. The two roles are joint and equal, with neither office holder able to exercise functions or make decisions without the other.

The Northern Ireland protocol remains a barrier to stability in Northern Ireland and the Government will do whatever it takes to protect the Belfast (Good Friday) agreement in all its dimensions. We are clear that the protocol does not have the support of many in the Unionist community and is not working for many people and businesses in Northern Ireland. We have to address the outstanding issues and we want to do that by agreement with the EU, but as we have always made clear we will not shy away from taking unilateral action if necessary.

Furthermore, while Unionism is set to remain the largest designation in the Northern Ireland Assembly with 37 seats, followed by Nationalism on 35 seats, parties which designate as neither will now constitute 20% of the Assembly. This is a significant development in Northern Irish politics and its implications are the subject of growing discussion and debate.

Together, we must move forward towards a brighter future. That means a strong, functioning Executive delivering for all the people of Northern Ireland. My priority is to provide the space for an agreement to be reached.

[HCWS14]

The Government’s Legislative Programme (Northern Ireland) 2022-23

Brandon Lewis Excerpts

Wednesday 11th May 2022 Written Statements

[The Secretary of State for Northern Ireland (Brandon Lewis)]

The legislative programme for the third Session was outlined at the state opening of Parliament on Tuesday 10 May. This statement provides a summary of the programme and its application to Northern Ireland. It does not include draft Bills, Law Commission Bills or finance Bills.

This ambitious legislative programme underlines the importance that the Government place on the Union and Northern Ireland's integral part within it. It reinforces the Government commitment to grow the economy across the UK to help address the cost of living and create the conditions for more high-wage, high-skill jobs, delivering for people and businesses across Northern Ireland, as part of a strong United Kingdom.

It also builds on the unprecedented action the Government have taken to support individuals, businesses and communities to get the Northern Ireland economy back up and running. The Government are providing historic levels of funding for the Northern Ireland Executive which will receive on average £15 billion per year over the spending review period. This marks the largest funding settlement for Northern Ireland since devolution in 1998. The Executive will also receive an additional £47 million as a result of measures announced in the spring statement. The Executive can spend this funding as they see fit in devolved areas to benefit people in Northern Ireland.

The Government are also investing an additional £3.5 billion in Northern Ireland through the city and growth deal programme, the new deal for Northern Ireland, Peace Plus and the New Decade, New Approach financial package.

This financial boost, together with further funding streams and legislative action, will continue to lay the foundations for delivering prosperity, safety, ongoing support for communities right across Northern Ireland, and working with the Executive to ensure the effective delivery of public services.

My Department will also lead on two of the Bills within the legislative programme which have a specific focus on matters at the heart of Northern Ireland.

The Northern Ireland Troubles (Legacy and Reconciliation) Bill will address the legacy of Northern Ireland’s past by providing better outcomes for victims, survivors and their families, giving veterans the protections they deserve and focusing on information recovery and reconciliation.

The Identity and Language (Northern Ireland) Bill will deliver a carefully balanced package of identity and language measures as negotiated by the Northern Ireland parties under the New Decade, New Approach deal.

I will also shortly return to Parliament and lay regulations that will place a duty on the Northern Ireland Department of Health to make abortion services available as soon as is reasonably practicable: remove the need for Executive Committee approval before services can be commissioned and funded; and confer on me the power to do anything that a Northern Ireland Minister or Department could do to ensure that abortion services are provided in Northern Ireland to the standard decided by Parliament in 2019.

The Bills that will extend, in whole or in part, to Northern Ireland are listed below:

Animal Welfare (Kept Animals) Bill

Bill of Rights

Boycotts, Divestment and Sanctions Bill

Brexit Freedoms Bill

Data Reform Bill

Economic Crime and Corporate Transparency Bill

Energy Security Bill

Financial Services and Markets Bill

Harbours (Seafarers’ Remuneration) Bill

Identity and Language (Northern Ireland) Bill

Levelling Up and Regeneration Bill

Media Bill

Modem Slavery Bill

National Security Bill

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Online Safety Bill

Procurement Bill

Products Security and Telecommunications Infrastructure Bill

Trade (Australia and New Zealand) Bill

Transport Bill

UK Infrastructure Bank Bill

In line with the Sewel Convention and associated practices, the Government will continue to work constructively with Northern Ireland Executive Ministers to secure the legislative consent of the Northern Ireland Assembly where achievable and appropriate.

[HCWS59]

Oral Answers to Questions

Brandon Lewis Excerpts

Wednesday 27th April 2022 Commons Chamber

[Ruth Jones (Newport West) (Lab)]

1. What assessment he has made of the potential impact of the shared prosperity fund on Northern Ireland.

[The Secretary of State for Northern Ireland (Brandon Lewis)]

May I first wish the hon. Lady a very happy birthday? Do not worry—I can assure the House that I will not be singing.

The shared prosperity fund is a central pillar of the Government’s ambitious levelling-up agenda and will deliver for communities across Northern Ireland. The fund will inject around £127 million into Northern Ireland over the next three years to support communities, boost local business, and invest in people and skills. We will be working closely with the Northern Ireland Executive and other key stakeholders to develop a plan that reflects the needs of Northern Ireland’s economy and society.

[Ruth Jones]

I thank the Secretary of State for his kind words.

According to the latest Asda Cebr income tracker, Northern Ireland has seen the largest relative fall in discretionary income, amounting to a huge drop of 13.3%. Living standards in Northern Ireland are under the most pressure in the UK, thanks to the Tory cost of living crisis, made in Downing Street. Does the Secretary of State agree that short-changing Northern Ireland with the shared prosperity fund, as in Wales, will only make things worse?

[Brandon Lewis]

Actually, we are boosting our investment in Northern Ireland. If the hon. Lady looks back over the past couple of years, to the previous spending review and the current one, she will see that we have just put in the largest block grant budget for Northern Ireland since devolution began in 1998, and that is aside from the extra investment we are making through the community renewal fund and the new deal, with £400 million for a range of infrastructure projects. We are making the biggest investment in Northern Ireland in decades, and I am proud of that. But she is right that we need to see productivity and employment continue to grow in Northern Ireland, as they have over the past few months, so that we have a prosperous Northern Ireland that can build on the benefits of the Good Friday agreement.

[Mr Speaker]

I call the shadow Secretary of State, Peter Kyle.

[Peter Kyle (Hove) (Lab)]

The Northern Ireland Finance Minister has said that the shared prosperity money for Northern Ireland is £90 million short of what was provided by the EU. The Conservative manifesto promised that the shared prosperity fund would “at a minimum match” the size of the EU structural funding it replaced. When can we expect the shortfall to be made up?

[Brandon Lewis]

It is worth the hon. Gentleman’s while having a clear look at all the figures going into Northern Ireland, because he is not making a like-for-like comparison. At the spending review we announced that the funding for the UK SPF will ramp up over the years, so that we get to a point where it will at least match the receipts of the EU structural funds. The EU regional development fund and the European social fund, on average, reaching about £1.5 billion a year—

[Peter Kyle]

When?

[Brandon Lewis]

I suggest that the hon. Gentleman reads Hansard later, because I answered that question about 30 seconds ago.

[Peter Kyle]

But is the Secretary of State aware that in the first round of levelling-up funding, Wales applied for and received almost 50% more than was first allocated, and for Scotland the figure was 10%, yet Northern Ireland got 3% less? Will he assure us today that the same will not happen with the shared prosperity fund, and that levelling up for Northern Ireland means more than just being hit by the same tax rises that are being inflicted on the rest of the UK by this Tory Government?

[Brandon Lewis]

Again, the hon. Gentleman needs to look at the figures in the round and realise that, as I have said, we have been making the biggest investment in Northern Ireland in decades—indeed, he may want to apologise for the previous Labour Government’s lack of funding for Northern Ireland. We now have the biggest sum of funding since devolution began in 1998. I saw for myself just this week the benefits that the levelling-up programme and the community renewal funding are making to community projects and businesses in Northern Ireland. That builds on the £2 billion from New Decade, New Approach and the £400 million new deal money, which will boost Northern Ireland. We will continue to do that to see Northern Ireland prosper in future.

[Colum Eastwood (Foyle) (SDLP)]

The Secretary of State will know that there is £300 million in a bank account in Stormont that cannot be spent because the Democratic Unionist party walked out of the Executive. He will also know that there are families in Northern Ireland who cannot heat their homes or feed their children. If the Executive cannot meet after the election, will he commit to working with me to get that money into people’s pockets as soon as possible?

[Brandon Lewis]

I agree in part with the hon. Gentleman —it does not happen all that often at the Dispatch Box—because I want to see that money being spent for the benefit of people in Northern Ireland, but I disagree with his analysis of why it is not being spent. That is money from last year’s budget, and for a couple of years running now the current Department of Finance in Northern Ireland has consistently underspent. The Executive needs to find ways of ensuring that the money is properly spent.

I have to say that the hon. Gentleman has also identified a real issue with the Northern Ireland protocol, because the UK has put substantial extra money into the pockets of people across the UK through VAT and fuel duty cuts, but we cannot do some of that directly in Northern Ireland because of the protocol. We have therefore made that money available to the Executive and I want to see it get to the people of Northern Ireland.

[John Spellar (Warley) (Lab)]

2. What recent discussions he has had with Cabinet colleagues on negotiations on the Northern Ireland Protocol.

[John Spellar]

On trade, I am sure that the Minister will join me in welcoming the latest round of UK-US trade talks yesterday, and the progress on the US policy, and joint policy, of worker-centred trade deals. When we were in Washington last month, it was made absolutely clear to us in Congress that this would be derailed by what many there would see as the undermining of peace on the island of Ireland. They included in that not only the Good Friday agreement, but the Northern Ireland protocol. Is the right hon. Gentleman really going to put at risk a trade deal with the world’s biggest economy?

[Brandon Lewis]

Obviously, the focus of the UK Government’s work is to get trade deals that work for the United Kingdom as a whole United Kingdom. Northern Ireland wants to and should be able to benefit from those trade deals. We have also got to make sure—this should always be our prime focus—in a shared way with our friends in the US, who have a strong interest in the Good Friday agreement, and strong involvement in it and support for it, the primacy and delivery of the Good Friday agreement. I remind the right hon. Gentleman that the Good Friday agreement has three strands, and east-west is one of them.

[Greg Smith]

The cost of shipping from Great Britain to Northern Ireland is up 27%. Nine out of 10 traders in Northern Ireland are reported to face difficulties with six out of 10 forced to re-route goods because of the protocol. The European Union’s interpretation of the protocol is damaging business now, it is undermining the Good Friday agreement now and it is threatening Northern Ireland’s rightful full place as part of our United Kingdom now, so does my right hon. Friend agree that the time to fix it is right now?

[Brandon Lewis]

My hon. Friend makes a very important and accurate point. The protocol and its implementation are having a profound impact, and change is needed urgently to resolve the issues that affect businesses, consumers and communities. I remind the House that this is the consistent position of the UK Government going back to March 2019, when the now Chancellor of the Duchy of Lancaster outlined the importance of the Good Friday agreement. The Attorney General himself outlined that the Good Friday agreement will always have primacy for the UK Government. It is right that we deliver on that, and we will do.

[Tonia Antoniazzi (Gower) (Lab)]

After five months since the Government renewed negotiations with the European Union on the protocol, we have no visible progress, have we? Instead, we have a series of op-eds aimlessly threatening article 16. Now, bizarrely, the Prime Minister confirms on a visit to India that he is ready to tear apart his own deal, while expecting the Indian Government to trust him with a new one. Will the Government get a grip on treating negotiations with the respect they deserve, and use something called statecraft, and diligence, to find a settlement with the European Union?

[Brandon Lewis]

I have got used to listening to those on the Opposition Front Bench defending the European Union against the people of the UK on a regular basis, but that was quite something. The reality is that the EU’s protocol implementation —and we are not seeing in the negotiations the flexibility from the EU that we need to see to find a resolution—is detrimentally affecting the people of Northern Ireland. I would respectfully say to the hon. Lady that she should think about standing up for the people of Northern Ireland and the people of the UK. That is what we will do to defend and protect the Good Friday agreement and resolve these issues.

[Mr Speaker]

I call the Chair of the Select Committee.

[Simon Hoare (North Dorset) (Con)]

In those discussions with Cabinet colleagues, will my right hon. Friend commit to pointing out that there would be a terrible hypocrisy if, having pointed out to Russia and her allies the importance of abiding by an international rules-based system, we were then to countenance breaking our internationally agreed obligations?

[Brandon Lewis]

Our position has been consistent, whether set out by the Secretary of State for Exiting the European Union or the Attorney General in March 2019. The Secretary of State pointed out that if

“the objectives of the protocol were no longer being proportionately served by its provisions because, for example, it was no longer protecting the 1998 agreement in all its dimensions”—[Official Report, 12 March 2019; Vol. 656, c. 289]—

the UK could seek agreement to end the provisions, which would be, for obvious reasons, no longer necessary to achieve the protocol’s objectives. The objectives of the protocol are very clear and they respect the Good Friday agreement. At the moment, that is under massive threat in all three strands, and we need to make sure we are protecting the peace and prosperity that we have seen in Northern Ireland thanks to the Good Friday agreement.

[Richard Thomson (Gordon) (SNP)]

Another week, another rattle of the sabre by threatening to deploy article 16. I wonder who the Secretary of State imagines is impressed by such behaviour, apart from a number of hardliners in a Conservative and Unionist party that seems increasingly incapable of conserving or unifying anything, least of all itself.

[Brandon Lewis]

I suggest that the hon. Gentleman might want to have a closer look at what is happening in Northern Ireland, in the sense that there is a view across all parties that we need to resolve the issues in the protocol. Some parties have stronger views than others about what those issues are. Nobody in the Unionist community supports the protocol any more, so it does not have consent across the communities. We no longer have a First or Deputy First Minister, and we no longer have a North South Ministerial Council. That is the Good Friday agreement under threat. I do not know what the hon. Gentleman stands for, but I stand for defending the Good Friday agreement and defending the United Kingdom, its people and its residents. We will do that.

[Dr Andrew Murrison (South West Wiltshire) (Con)]

In trying to find an alternative to the Northern Ireland protocol that has cross-community support, what note has the Secretary of State taken of the Northern Ireland Affairs Committee report of March 2019? The report made it very clear that there are acceptable technological, technical and procedural ways of dealing with the border that do not involve onerous checks of the sort that we see now.

[Brandon Lewis]

My right hon. Friend correctly points out that there are now technical solutions. We have tried to talk to the EU about them, and we want the EU to show flexibility and recognise that there are solutions that can work today to deliver what is required in a way that works in Northern Ireland and protects the single market. We understand and respect the EU’s desire to protect their single market. For us, it is about the Good Friday agreement and the people of Northern Ireland.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

If we are going to use the situation in Ukraine as an example, does the Secretary of State agree that the last piece of advice we would ever give to a sovereign nation such as Ukraine is to cede control of part of its territory to a foreign entity? And yet those who advocate the protocol advocate precisely that—that a large degree of the laws and regulations in Northern Ireland should be imposed by the European Union, and that I and my colleagues should have no say whatsoever in how they are drawn up. The Secretary of State and the Government last year published a Command Paper, indicating steps that they would take to restore Northern Ireland’s place within the UK internal market. When will the Government take those steps?

[Brandon Lewis]

The right hon. Gentleman makes an important point, not least because in the vision outlined in its opening pages, the protocol makes it clear that we will not disrupt the everyday lives of people and their communities, and that we will respect the internal market of the United Kingdom and all aspects of the Good Friday agreement. Those are the effective vision statements that we are determined to deliver on. As I said, we will keep everything on the table. We want to get a resolution, by agreement with the EU, that respects all aspects of the Good Friday agreement. If we cannot do that, we will need to take action to ensure we deliver on the peace and prosperity of the Belfast/Good Friday agreement.

[Sir Jeffrey M. Donaldson]

The Government are a co-guarantor of the Belfast agreement. The Secretary of State will know that since the introduction of the protocol, the North South Ministerial Council is no longer functioning, and we do not have a fully functioning Northern Ireland Executive. The Assembly is limited in what it can do, and the east-west relationship is at its weakest point since probably 1998. The Government therefore need to send out a clear message to Washington and others that the protocol is incompatible with the aim of maintaining Northern Ireland’s political stability and political institutions, because it changes Northern Ireland’s constitutional status without the consent of the people of Northern Ireland, and that is not acceptable.

[Brandon Lewis]

I understand the point that the right hon. Gentleman is making. We find ourselves in a ridiculous situation where the EU’s position on implementing the protocol means that the very document that was designed to help to protect the Belfast/Good Friday agreement is the thing that is putting it most at risk. We recognise that, and we are very clear that that needs to be resolved.

As I say, we take nothing off the table. We want to get an agreement with the EU, and we want them to recognise the challenges that this is creating for businesses and communities in Northern Ireland. We are clear that we need to, and we will, resolve this issue. If we cannot do so by agreement, we will have to do what is right for the people of the United Kingdom and, obviously, the people of Northern Ireland.

[Alun Cairns (Vale of Glamorgan) (Con)]

3. What assessment he has made of the impact of the “Levelling Up the United Kingdom” White Paper on communities in Northern Ireland.

--- Later in debate ---

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

10. What recent assessment he has made of the adequacy of resources for women’s services in Northern Ireland.

[The Secretary of State for Northern Ireland (Brandon Lewis)]

Women in Northern Ireland cannot currently access the same basic healthcare support that is available in the rest of the UK. This is unacceptable. I have committed to return to Parliament directly following the Assembly elections in May and, if necessary, we will make regulations to ensure that services are commissioned.

[Rosie Duffield]

I welcome the Secretary of State’s confirmation that he will act on abortion services in Northern Ireland after the elections in May, but does he understand that it is hard for women to take his word at face value after so many missed deadlines on this important issue, which will have had real health impacts? Will he please put on record that he intends to lay the regulations that he has prepared before Parliament within a month of the Queen’s Speech?

[Brandon Lewis]

I recognise the hon. Lady’s support for this policy and for women in Northern Ireland. The Department of Health in Northern Ireland must make the services available to women and girls. If it does not, as I have said, I made a commitment to the House on 24 March via a written ministerial statement that I will make regulations to resolve this unacceptable situation that must be fixed for the people and the ladies of Northern Ireland.

[Dame Diana Johnson]

I welcome the Secretary of State’s assurances that he will act if necessary after the Queen’s Speech and the elections in Northern Ireland. Does he have a date in mind when women in Northern Ireland will be able to access this essential reproductive healthcare service? When will they actually be able to get the service that this House voted for over two years ago?

[Brandon Lewis]

I am sure that the right hon. Lady recognises that this has primarily been an issue for the Northern Ireland Executive to deliver on. I have been clear: they have not done that, that is not good enough and we need to resolve that issue. We are already recruiting the team from my Department to put the commissioning in place. I will return to the House soon after the May elections if that has not been progressed by the Department of Health to lay the regulations to ensure that these services are provided.

[Dan Jarvis (Barnsley Central) (Lab)]

5. What recent discussions he has had with Cabinet colleagues on his legislative proposals on Northern Ireland legacy matters. [R]

[The Secretary of State for Northern Ireland (Brandon Lewis)]

The Government’s core and shared objectives in addressing the legacy of Northern Ireland’s past are to implement an effective investigation and information recovery process that will provide answers for families, deliver on our commitments to those who served in Northern Ireland and help society move forward.

[Dan Jarvis]

Consensus is historically difficult to achieve in Northern Ireland but when it comes to dealing with the past I am sure that we can all agree that the current process is failing those who have suffered, so we need a new way of delivering justice, and soon. Does the Secretary of State agree that his Bill or any proposals he brings forward must not in any way weaken or undermine our commitment to international law?

[Brandon Lewis]

I agree with the hon. Gentleman and I appreciate his support on a point that I have made consistently: the current system is failing everybody. That is why we need to bring forward proposals that work for the people of Northern Ireland, for the victims as well as those who served so admirably in Northern Ireland to protect life and country. I can assure him that we are absolutely determined that this will be article 2-compliant. It has to be for it to be effective for everybody.

[Carla Lockhart (Upper Bann) (DUP)]

The sacrifice made by members of the Royal Ulster Constabulary, GC, is one that I and many across Northern Ireland will never forget. Over 300 officers were killed and 9,000 injured at the hands, mainly, of the IRA. A recent report by the Police Ombudsman for Northern Ireland laden with innuendo has caused great hurt among former RUC officers and families who lost loved ones. Will the Secretary of State ensure that the service and sacrifice of the RUC, the Ulster Defence Regiment and all those who donned a uniform are not besmirched under the auspices of addressing the legacy of the past?

[Brandon Lewis]

Yes, absolutely. The hon. Lady makes a very important point. There are so many people—hundreds of thousands—across the RUC and the armed forces who put their own lives at risk to protect others, and there is a huge difference between those who went out every day to protect life and those who went out determined to destroy lives. There can never be a moral equivalence; we would never accept one. She is absolutely right.

--- Later in debate ---

[Marion Fellows (Motherwell and Wishaw) (SNP)]

7. What recent discussions he has had with the (a) Northern Ireland Executive and (b) Irish Government on plans for implementing the provisions of the Nationality and Borders Bill.

[The Secretary of State for Northern Ireland (Brandon Lewis)]

The Government continue our close co-operation with both the Irish Government and the Northern Ireland Executive on immigration matters, including on the Nationality and Borders Bill. We will continue to work, as we always do, to ensure that we are protecting the Good Friday agreement and the common travel area.

[Marion Fellows]

The Nationality and Borders Bill will grant UK Ministers draconian powers to strip UK citizens of their citizenship so long as they can claim citizenship in another country. As most Northern Irish people can claim Irish citizenship, Northern Ireland’s people are threatened in a way no other people in the UK are; they could be stripped of their citizenship without warning or notice. How can the Secretary of State justify that?

[Brandon Lewis]

I thought the hon. Lady was going to outline all the excellent work that the SNP will do in Scotland to start finally taking part in the asylum scheme. At the moment, only one council in Scotland is doing that. Regarding the Nationality and Borders Bill, we will continue to deliver on the Good Friday agreement and respect all its parts, including people’s right to be Northern Irish, Irish, or Northern Irish and British—something we have always done and will continue to do.

[Mr Speaker]

That is the end of Northern Ireland questions. Before we come to Prime Minister’s questions, I would like to point out that the British Sign Language interpretation of proceedings is available to watch on parliamentlive.tv.