Northern Ireland Protocol

Brandon Lewis Excerpts

Wednesday 21st July 2021 Commons Chamber

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

With permission, Mr Speaker, I will make a statement on the Government’s approach to the Northern Ireland protocol. The statement is being made simultaneously in the other place by my noble Friend Lord Frost, Minister of State at the Cabinet Office.

The Northern Ireland protocol was designed to achieve a delicate balance between a number of different aims. It reflected a truly extraordinary compromise by the Government in 2019, driven by our steadfast commitment to the Belfast/Good Friday agreement in all its dimensions. Just over a year later we concluded the trade and co-operation agreement, the broadest and most far-reaching agreement of its kind that has ever been struck. Together, these offered the building blocks of a strong, constructive partnership between the UK and the EU as sovereign equals. However, we have not yet been able to unlock the potential of that new partnership in full.

The impact of the current protocol is at the heart of that. There is no doubt that we have tried to operate the protocol in good faith. We worked throughout 2020 to finalise the areas left open by the protocol text itself—without, of course, knowing what the real-world impacts on the ground would be, as is the case with negotiations. We are planning already to invest, and are in the process of investing about £500 million in delivering systems and support service. We have worked with businesses to help their preparations for the new trading arrangements.

But as we have sought to operate the protocol, it is clear that its burdens have been the source of considerable and ongoing disruption to lives and livelihoods. We have seen reductions in supermarket product lines, we have seen more than 200 suppliers decide they will no longer sell to Northern Ireland, and we have seen difficulties not just on the famous chilled meats but on medicines, pets, movement of live animals, seeds and plants.

Nowhere is this more visible that in the fact that the Northern Ireland protocol means that Northern Ireland accounts for 20% of all EU documentary checks on products of animal origin, despite a population of only 1.8 million people. What is worse, these burdens will get worse, not improve over time, as the grace periods expire, leaving businesses facing ever more unsustainable burdens.

These impacts risk being felt in the fabric of our Union, too. All dimensions of the Belfast/Good Friday agreement need to be respected, Northern Ireland’s integral place in our United Kingdom just as much as the north-south dimension, yet there is a growing sense in Northern Ireland that we have not found this balance. That is seen in a difficult ongoing political climate, in protests and regrettable instances of disorder, and in strains within a power-sharing Executive already dealing with an unprecedented pandemic.

We have worked with the EU to try to address these challenges. Some avenues for progress have been identified in certain areas, but overall these discussions have not got to the heart of the problem. Put simply, we cannot go on as we are. We have therefore had to consider all our options. In particular, we have looked carefully at the safeguards provided by article 16 of the protocol. They exist to deal with significant societal and economic difficulties, as well as trade diversion, and there has been significant disruption to east-west trade, a significant increase in trade on the island of Ireland as companies change supply chains, and considerable disruption to everyday life.

There has also been societal instability, seen most regrettably in the disorder across Northern Ireland at Easter. Indeed, what could be seen as a false but raw perception in the Unionist community of separation from the rest of the United Kingdom has had profound political consequences.

These are very serious effects, which have put people, businesses and the institutions of the Belfast/Good Friday agreement under strain. It is plainly clear that the circumstances exist to justify the use of article 16. Nevertheless, we have concluded that this is not the right moment to do so. Instead, we see an opportunity to proceed differently, to find a new path and to seek to agree with the EU, through negotiations, a new balance in our arrangements covering Northern Ireland, to the benefit of all.

It is in that spirit that today’s Command Paper outlines the new balance we wish to find. It is a balance that needs to ensure goods can circulate much more freely within the UK customs territory, while ensuring that full processes are applied to goods destined for the EU. It is a balance that needs to enable all in Northern Ireland to continue to have normal access to goods from the rest of the UK by allowing goods meeting both UK and EU standards to circulate. And it is a balance that needs to normalise the basis of the protocol’s governance, so that the relationship between us and the EU is no longer policed by the EU institutions and the Court of Justice. We should return to a normal treaty framework, similar to other international agreements, that is more conducive to the sense of genuine and equitable partnership that we seek.

We also recognise our share of responsibility in helping the EU protect its single market. We are willing to explore exceptional arrangements on data sharing and co-operation, and penalties in legislation to deter those looking to move non-compliant products from Northern Ireland to Ireland.

I repeat that all of this is entirely consistent with maintaining an open border, without infrastructure or checks, between Ireland and Northern Ireland. These proposals will require significant change to the Northern Ireland protocol, and we do not shy away from that. We believe such change is necessary to deal with the situation we now face. We look to open a discussion on these proposals urgently. At the same time, we must provide certainty and stability for businesses as we do so, so we believe we should also quickly agree a standstill period, including maintaining the operation of the grace periods that are in force and freezing existing legal actions and processes, to ensure there is room to negotiate and to provide a genuine signal of good intent on finding ways forward.

The difficulties that we have in operating the Northern Ireland protocol are now the main obstacle to building a relationship with the EU that reflects our strong common interests and values. Instead of that, we are seeing a relationship that has been punctuated with legal challenges and characterised by disagreement and mistrust. We do not want that pattern to be set, not least because it does not support stability in Northern Ireland. It is now time to work to establish a new balance in which both the UK and the EU can invest to provide a platform for peace and prosperity in Northern Ireland and allow us to set out on a new path of partnership with the EU. We have today set out an approach that we believe can do just that. We urge the EU to look at it with fresh eyes and work with us to seize this opportunity and put our relations on a better footing. We stand ready to deliver the brighter future that is within reach. I commend this statement to the House.

[Louise Haigh (Sheffield, Heeley) (Lab)]

I thank the Secretary of State for advance sight of his statement.

Almost two years ago, this Prime Minister negotiated every dot and comma of the Northern Ireland protocol. He said that it would mean no checks between Great Britain and Northern Ireland. He described it as an “ingenious solution” and that it was

“in perfect conformity with the Good Friday agreement.”—[Official Report, 19 October 2019; Vol. 666, c. 583.]

He was not alone. Lord Frost said that he was “pleased and proud” to secure this “excellent deal” for the UK. The Secretary of State wrote that it would allow all businesses

“to trade unhindered across the UK.”

Today, not for the first time, the Secretary of State is back before Parliament to renege on those promises and to discredit the deal that his Government were authors of and cheerleaders for, claiming that they could not possibly have known what the real-world impacts on the ground would be. The country will be asking once again: is this bad faith or incompetence. Whichever it is, the shambolic approach, the dishonesty, the recklessness and the utter ineptitude have come at a real cost. It has destroyed trust in the UK Government, an essential component of the Belfast Good Friday agreement. It has fanned the flames of instability and, as ever, in the middle of this are the communities and businesses of Northern Ireland that have been repeatedly failed.

Today, ahead of another difficult summer, a resolution is further away than ever. Today, businesses and communities needed reassurance. They needed to see the Secretary of State announce to the House an agreement on a sustainable way forward that will fix the problems that the Prime Minister created. Instead, they have more political brinkmanship, and more threats to tear up the protocol with nothing to take its place. Communities are tired of these games from a Government they have totally lost trust in. They just want to see sustainable solutions. All of us want to see serious proposals that lower the barriers down the Irish sea and protect the economic integrity of the United Kingdom.

Can the Secretary of State outline whether the proposals have any hope of gaining support? Can he tell the House what conversations he has had with his counterparts that lead him to believe that this approach will be successful? How did the Taoiseach respond to his call with the Prime Minister yesterday, given that the Government’s strategy so far has left Anglo-Irish relations at an all-time low? How is he intending to bring the people of Northern Ireland and their representatives into these discussions so that they have a direct relationship with the EU? That is clearly necessary, given that this Government have demonstrated that they have no understanding of Northern Ireland and the delicate balance of identities that must be protected.

Does the Secretary of State accept that these proposals bring us right back to square one of the Brexit debates, rehashing arguments around alternative arrangements that have long been rejected, and returning the debate to the border north-south on the island of Ireland? What is the timeframe for these talks? The Command Paper is entirely silent on how they will proceed and whether there is any agreement from the EU that they should.

This ongoing stand-off is having consequences not just for Northern Ireland, but for our relationships with current and future trading partners. The eyes of many Governments around the world are on the noble Lord Frost and the Secretary of State this afternoon. President Biden and Prime Minister Ardern are among many who want to know that the UK will abide by international law, by the agreements that they signed, and be a partner that they can trust. These endless games are shredding our international reputation and undermining our ability to secure trade deals that are in the best interest of the UK.

As we have acknowledged many times in this House, peace in Northern Ireland is still fragile. Advancing the peace process has always required responsibility, honesty and leadership—qualities that are in short supply in this Government. Too often in recent years, the Prime Minister has put his own interests over and above the interests of Northern Ireland. The people of Northern Ireland are sick to death of being put in the middle of these games. Another Brexit groundhog day; another stand-off with the EU. It is time to get real, show some responsibility, and find a genuinely sustainable way forward.

[Brandon Lewis]

I was kind of waiting for the point at which the hon. Lady would actually stand up for the United Kingdom and the people of Northern Ireland in getting a solution. I remind her that she may want to think about joining the UK Government in making the point to the EU that it also has a responsibility—which it has previously accepted but needs to deliver on—in terms of the people of Northern Ireland. In January, there was an agreement to work at pace; we are now in July and the issues remain unresolved. We saw the EU’s attempt to trigger article 16 in a way that for many detrimentally affected the sense of feeling around the institutions of the Good Friday/Belfast agreement. We are still dealing with the fallout from that action—that is just a reality of where we are.

We want the EU to engage with our proposals. We have sought the EU’s engagement with our proposals in good faith in the dozen or more papers that we have put to it about ways to move forward. The reality of where we are now is that instead of having a continual, piecemeal approach to dealing with things as we go along and coming up against the grace periods that cause disruption for businesses and communities, we think it is right to take an approach that deals with the problem—not just the symptoms but the underlying problem that we need to see corrected—in the round. I suggest that the Opposition would do better to defend the people of Northern Ireland and the UK than to continue to defend the actions the EU takes to undermine the strength of the integral market of the people of the United Kingdom.

We do have good relationships, and I have good relationships, as does the Prime Minister, with our counterparts in Ireland—the Taoiseach, the Foreign Minister and the Tánaiste—and we continue to develop on those. It is a bit rich of the hon. Lady to talk to us about understanding Northern Ireland when not only do prominent members of her own party—including the former shadow Home Secretary, the right hon. Member for Hackney North and Stoke Newington (Ms Abbott)—claim that Labour is not even a Unionist party, but Labour does not even stand candidates in Northern Ireland.

We will continue to do what is right for the United Kingdom. We want to work with our partners in the EU. When people get a chance to read through the Command Paper, they will see that we are not taking the opportunity to trigger article 16, because we want to work in partnership and find a solution to all the problems that works for people in Northern Ireland. When we even have the Chief Rabbi and the president of the Board of Deputies coming together to make clear the substantial problems of the Jewish community in Northern Ireland, that should make it clear that the protocol is a problem for communities right across Northern Ireland. We have a duty to resolve it, not play politics with it.

[Sir William Cash (Stone) (Con) [V]]

On the arrangements that have just been announced, I greatly welcome the realistic and reasonable approach of the Prime Minister, Lord Frost and my right hon. Friend the Secretary of State. Does my right hon. Friend agree, that given the unique circumstances of Northern Ireland, as set out in the protocol, the EU must understand that the UK, having recently and democratically left the EU, rejects the EU’s legalistic intransigence but will continue to negotiate in the short term, on the clear understanding that our national interest requires equal reasonableness and realism from the EU, or the Government will take the necessary steps that my right hon. Friend just outlined —and that they mean what they say?

[Brandon Lewis]

My hon. Friend is absolutely right: we do want to take that approach. The reality is that in practice the outworkings of the protocol are having a detrimental effect. One of the key things in the opening part of the protocol itself is the determination that we would not disrupt the everyday lives of people in their communities. Regardless of people’s constitutional view of Northern Ireland, the protocol is having an impact, which is why the First Minister has also pointed to issues in the protocol that she wants to see resolved. Obviously, people across the communities are having issues as well. We need to get this resolved for all the people of Northern Ireland, and my hon. Friend is absolutely right that we need to do so in a realistic why, recognising the challenges on the ground, and to deal with it as partners with the EU in a way that can deliver for the people of Northern Ireland, with the understanding that, of course, Northern Ireland is an integral part of the United Kingdom.

[Richard Thomson (Gordon) (SNP) [V]]

I thank the Secretary of State for advance sight of his statement.

Let us not lose sight of the fact that a protocol setting the terms of trade has only been made necessary because of an EU withdrawal agreement that the Prime Minister—irrespective of its entirely foreseeable impact on Northern Ireland—defined the parameters of himself and then signed up to freely. Everybody knows that article 16 exists, but the continued threats from the UK Government to deploy it have worn so thin as to be utterly transparent in every sense, and can be doing little to help increase the trust and confidence necessary for the Government to achieve their stated objectives.

Let us also be clear that if we move from the current agreement, there will have to be another put in place that is likely to differ in substance, to use a phrase, only in limited and specific ways from that which it will be replacing. If the UK Government wish to return to the freest possible conditions for the movement of goods between GB and Northern Ireland, consistent with their international obligations, they could sign up right now to a dynamic deal on food and animal welfare standards.

A pragmatic renegotiation of the protocol in the light of experience, and in the light of everything that has come from the nature of Brexit, would clearly be desirable in order to remove not just the barriers that exist but also the symbolism that these trade frictions are causing that are being felt so keenly in Northern Ireland at the present moment. In that regard, will the Secretary of State ensure that the Government, in contrast to their approach to Brexit to date, set the tone of all their discussions with the EU in good faith around the negotiating table, rather than through the pages of The Telegraph or the tabloids, and at all times in a manner that builds, rather than undermines, the trust necessary to be able to secure a better deal for the people of Northern Ireland?

[Brandon Lewis]

As I outlined in my statement, we are actually not using article 16. That is something that the EU attempted to do—I think, mistakenly—earlier this year, which has caused an issue and a sense within the Unionist community that is still an issue today. The hon. Gentleman should sometimes stand up a bit more for the people of Northern Ireland and across the UK as a spokesperson on this issue, rather than just for the EU.

The hon. Gentleman mentions talking to the media. When we are dealing with the EU, it is a bit odd for us to be told by a journalist about a plan for medicines or for chilled meats, when it could be days or weeks later that we formally hear from the EU. We do want to work with the EU, which is why we are proposing, as we have done today in our Command Paper, a way to move forward and work together to resolve the core problems, rather than continually to deal individually with the symptoms that continue to build issues of trust and frustration. Ultimately, that is the best way to get a result for the people of Northern Ireland and to have that strong, positive relationship between the UK and the EU.

[Mark Jenkinson (Workington) (Con)]

As my right hon. Friend has just mentioned, the European Union’s attempts to trigger article 16 earlier this year caused political reverberations that are still being felt in Northern Ireland. With communities across Northern Ireland now divided in their support for the protocol, does my right hon. Friend agree that it is no longer sustainable as it currently stands, and that an internal border that reshapes and undermines our United Kingdom is unacceptable?

[Brandon Lewis]

My hon. Friend makes an important point. I referenced earlier the First Minister’s views on this. The Deputy First Minister has also been very clear that there are issues with the protocol that need to be resolved. I cannot really remember a single person in the business community or the political community in Northern Ireland whom we have spoken to who has not identified that there are at least some issues that need to be resolved, but there might be differences of opinion about how to do that and to what degree. We want to do that by agreement with the European Union and recognising the sovereignty of the integral market of the United Kingdom, and in a way that means that consumers and businesses in Northern Ireland can go about their lives, enjoying their lives in the way that they always have done as citizens of the United Kingdom.

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

We welcome the acceptance by the Government that the protocol is not working, that it is causing real harm to our economy in Northern Ireland and that it is simply not sustainable. Today’s statement is a welcome, significant and important first step. To be clear, tinkering around the edges simply does not work. I trust that the EU will approach new negotiations in good faith and recognise the need to enter into new arrangements that remove the Irish sea border. For our part, we will apply our seven tests against any outcome of this process.

Will the Secretary of State assure the House that these negotiations will not be dragged out, and, if unsuccessful, that the Government will invoke article 16 to introduce measures that provide for the free movement of goods from Great Britain to Northern Ireland, and which ensure that products complying with British standards are available in Northern Ireland, that the principle of consent is fully respected, and that Northern Ireland’s place within the United Kingdom is properly and legally protected?

[Brandon Lewis]

The right hon. Gentleman makes a series of important points. We are very clear that, as I said earlier, we want to take this forward and negotiate these issues as a whole, rather than have a piecemeal approach, so we solve the underlying issues that are causing so much disruption for businesses and people in Northern Ireland. That would be a better way forward because we will not have to keep coming back to these things and keep having these issues and challenges around grace periods that just create cliff edges. We have to avoid that, and that is why we are suggesting a stand- still period as well as we go forward.

Ultimately, we must recognise that this is an issue that affects everybody, the whole community of Northern Ireland. Wanting to see these issues resolved has united people across communities, and we think there is a realistic way to do that within the framework of the protocol. We have always recognised, and we are still clear about this, that the single epidemiological unit of the island of Ireland has been there for a very long time— and those checks in one form or another since about the 19th century—but we have got to find a way to do this, and we believe there is a way, that ensures that products moving from Great Britain to Northern Ireland to be used and consumed in Northern Ireland can flow in the way they would within any other part of the United Kingdom, while fulfilling our responsibilities to the EU in terms of helping them ensure they can protect their single market.

[Antony Higginbotham (Burnley) (Con)]

I welcome the Secretary of State’s statement today, which is balanced and pragmatic. The Northern Ireland protocol was always a difficult compromise but it was made in good faith to protect the Good Friday agreement, while respecting the EU’s single market and our own single market and Northern Ireland’s place in the United Kingdom. As this Command Paper makes clear, it has not managed to do that, so what conversations has my right hon. Friend had with the European Union, do they accept that premise and if they do not accept it and will not engage meaningfully, as the Command Paper and negotiators want, does article 16 remain on the table?

[Brandon Lewis]

We have always said that we cannot take any options off the table, but we want to work through this in a negotiated way to get a realistic solution that delivers for the people in Northern Ireland. We have been speaking consistently over this year, both Lord Frost and myself, with the Cabinet Office lead on the negotiation on the protocol and with European Commissioner Maroš Šefčovič directly. I think the European Commission does recognise that there are issues that need to be resolved. The challenge we have had is getting agreement on the resolutions.

One of the reasons we took the action we took in March to extend the grace period was that we got to a point where we needed an agreement to be able to ensure we were able to keep food products on the shelves. It was interesting at the time that the EU was complaining not about the process and the issues we were dealing with, but about the fact we had not done it by agreement. That comes back to the point the hon. Member for Sheffield, Heeley (Louise Haigh) made: to work by agreement, ultimately, we need the EU, our partner, to also come to agree things in the first place. We have not managed to achieve that yet, but I am hopeful that, given where we are now and the proposal we are putting forward, there is a realistic way to do that in the months ahead.

[Colum Eastwood (Foyle) (SDLP)]

Mr Speaker,

“Northern Ireland is uniquely placed…to prosper from this deal.”

That is a direct quote from the Secretary of State last Christmas eve. Then on new year’s day he said:

“There is no ‘Irish Sea Border’…The government and businesses …are keeping goods flowing freely…between GB and NI.”

But then earlier this month he said that

“the current arrangements could corrode the link between Northern Ireland and the rest of the UK.”

This statement is the second attempt in one week that this Government have made to distance themselves from agreements they have negotiated. Why does the Secretary of State think that any other country, or any person in Northern Ireland, would trust anything that this Government say from this day forward?

[Brandon Lewis]

The implications and outworkings of the protocol are a frustration and a problem for people across communities, and it would be wrong of us as a Government to not recognise that there are problems with the protocol; the way that it is being implemented on the ground is causing problems for consumers and for businesses. I cannot believe for a moment that the hon. Gentleman would want the Government to sit back and see that continue and see his constituents be detrimentally affected by the way the EU wants this to be implemented. That is why it is important that we find a way forward to deliver this in a way that works for people across all of Northern Ireland.

[Sir Bernard Jenkin (Harwich and North Essex) (Con) [V]]

I welcome my right hon. Friend’s statement and today’s White Paper. Is he aware of anybody serious who now doubts that the protocol is failing in its own terms by causing, to use the words from the protocol,

“serious societal and economic difficulties”

and “diversion of trade” which is a threat to the Belfast/Good Friday agreement? The answer is no. Is that what the EU intended when it signed this protocol? Of course not, and that is why all parties, including the EU, should now be able to accept, as the Government now do, that this protocol is not working. So I commend my right hon. Friend for his cautious, reasonable and responsible approach. We are absolutely right to try everything to bring the EU to the negotiating table, but how long have we got before we have to act to safeguard peace, security and political stability in Northern Ireland?

[Brandon Lewis]

My hon. Friend makes an important point and he is right. I think the EU does recognise this, wants to ensure that we get the right outcome for the people of Northern Ireland and does recognise the sensitivities there. That is why it is important that we deal with the core problem underlying all the symptoms that we are seeing. He is also absolutely right about stability in Northern Ireland. When we are seeing people who are party to the Good Friday/Belfast agreement being very clear about the disruption this causes and the threat it is to the Good Friday/Belfast agreement, it is right that we listen to that. It is also right that we get to work on this with the European Union, in a spirit of partnership, to find a solution to the core problems. We should bear in mind, as I say, that if we imagine a place where the framework of the protocol is delivering in the way that was always intended, with the free flow of goods, we really do have a huge economic opportunity for the people of Northern Ireland. We need to get to that space in order for it to be something that is sustainable and has the consent of the whole community of Northern Ireland.

[Stephen Farry (North Down) (Alliance) [V]]

This statement is full of bluster and a rewriting of history. It creates more uncertainty and instability. The Government are choosing confrontation rather than adopting the obvious solution on the table, which is a comprehensive veterinary agreement. The Secretary of State should know that the only really sustainable way forward to achieve the necessary flexibilities and mitigations is through agreement with the European Union, either within the protocol or building on the trade and co-operation agreement. Does he recognise that achieving that requires trust to be built and sustained, but all the Government’s actions around the protocol this year have undermined that, including, today, the empty threat around article 16?

[Brandon Lewis]

I would gently suggest that the hon. Gentleman looks back at the statement I made and has a read of the Command Paper, which is looking to a formal agreement with the EU and to doing this in a way that is reasonable and sensible and deals with the fundamental problems that are affecting his constituents as well. Again, perhaps he should be standing up for his constituents more than he is standing up for the EU at the moment. He seems to be forgetting that it is the EU that said that it would work at pace to resolve these issues, seven months ago; it is the EU that sought to trigger article 16, which caused so many issues for the Unionist community in Northern Ireland; and it is the EU that has not yet come to agreement on a range of issues that we need to resolve for the people of Northern Ireland. It is right, therefore, that we take this opportunity to outline a way in which we can move forward in a positive way that can rebuild the relationship with the EU and fundamentally resolve the core issues that are detrimentally affecting so many of his constituents and people across Northern Ireland.

[Wendy Chamberlain (North East Fife) (LD)]

The Northern Ireland protocol was pursued and negotiated by this Government less than two years ago, and it is a reflection of the decisions made by them in relation to the nature of Brexit. In the statement, the Government suggest that they have tried to operate the protocol, but they have not yet pursued the option of making supplementary agreements with the EU that would work within the protocol, such as a veterinary agreement, which businesses such as Marks & Spencer support. Given that the Secretary of State has said that the article 16 grounds have been met, how many of the businesses he has consulted agree with him, have asked him to do that and think it is sustainable way forward?

[Brandon Lewis]

I suggest that the hon. Lady looks again at the statement and the Command Paper. I specifically said that we are not triggering article 16. We want to negotiate a solution to the problems for businesses and consumers in Northern Ireland.

[Bob Blackman (Harrow East) (Con) [V]]

I warmly welcome my right hon. Friend’s statement. Will he confirm, for the benefit of the record, that Northern Ireland is an integral part of the United Kingdom and should therefore enjoy the benefits of the free trade area within the United Kingdom, as well as integrate with our friends from the European Union, ensuring that the people of Northern Ireland can have the benefits of both elements—the United Kingdom and the European Union—in doing trade deals, but also, more importantly, gain the opportunity, as we negotiate free trade deals around the world, to trade around the world as part of the United Kingdom?

[Brandon Lewis]

Yes, my hon. Friend is absolutely right. The hon. Member for Foyle (Colum Eastwood) referenced a quote of mine about the opportunities for Northern Ireland. If we just imagine the place we can get to where the protocol is working—where we can resolve the issues within the protocol—we really do have a huge economic opportunity for the people of Northern Ireland. That is the vision that we always had for the protocol and that is how it should be working. We need to get to that position.

[Hilary Benn (Leeds Central) (Lab)]

There is clearly a problem here that needs fixing. As the head of Marks & Spencer made clear today, the full checks that are currently being applied on M&S goods going to the Republic are resulting in some consignments being sent back because they have the wrong colour typeface on the form. Mr Norman has said that a veterinary agreement would be

“by far the best way of delivering a smooth trade flow.”

The Secretary of State just made reference to that. Given that we are, in effect, following EU food standards anyway, because they have not changed since 31 December, is that not the best way forward? I encourage the Secretary of State, if he agrees, not to be too purist about the form of such an agreement, because it would bring huge relief to so many people affected by the current fears and arrangements.

[Brandon Lewis]

The issues that companies such as Mr Norman’s have found are the very issues we want to resolve as part of the wider package. It is important to note, as we look at the Command Paper, that we want to deal with a wide range of issues. That is my point about dealing with the fundamental problems, rather than going piecemeal through the symptoms. That is why there is a range of options in there, some of which will make a veterinary agreement redundant, because it will not be required in that kind of process, potentially. That is part of the discussion we want to have with the EU to get a resolution to all these issues; it is more than just the food and chilled meats issue.

[Nigel Mills (Amber Valley) (Con) [V]]

I welcome the proposal in paragraph 48 of the Command Paper for a light-touch customs regime for goods that are staying in Northern Ireland and not moving on to the Republic, but will the Secretary of State confirm how small businesses could comply with the requirement to provide

“complete transparency of their supply chains”

to the various authorities? I can see how a large supermarket chain could do that, but how could a small trader do that?

[Brandon Lewis]

My hon. Friend highlights an important point. We are talking to small businesses and, indeed, the wholesale groups that they often work with to make sure that there is a way for them to be able to work through this, and we will continue to work with them as we go forward. There is technology now, similar to the technology that large companies use, that smaller businesses can use—the trader support service is hugely helpful in this—but my hon. Friend highlights one of the core problems: making sure that goods that are moving to Northern Ireland purely to be consumed in Northern Ireland do not have the same kind of rigmarole and checks. I think that I have mentioned before in the House a large supermarket chain that has no stores in Ireland yet has to go through the same checks. That cannot be right and needs to be resolved.

[Mr David Jones (Clwyd West) (Con) [V]]

May I, too, say how much I welcome my right hon. Friend’s statement? It is absolutely clear that the protocol is having unintended and adverse consequences for daily life in Northern Ireland and it needs to be fixed. Will he please confirm that he and his colleagues have made it clear to the EU that the UK is keen to resolve these issues and will negotiate positively, and that other, more flexible arrangements, such as mutual enforcement, can be put in place that will respect the integrity of the internal markets of both parties without causing the difficulties that we have witnessed since January?

[Brandon Lewis]

Yes, and we are looking forward to having those very conversations with the EU in the weeks ahead.

[Tony Lloyd (Rochdale) (Lab) [V]]

The Secretary of State knows as well as I do that the bulk of commerce and industry in Northern Ireland is getting on with making the protocol work, but a veterinary agreement would solve the problems that have not yet been resolved. Does he not recognise that public diplomacy and unilateralism may please his Back Benchers, but it is dangerous in the context of Northern Ireland? Will he insist to the Prime Minister and the noble Lord Frost that they get back to the negotiating table and do that in private until they come up with an acceptable result?

[Brandon Lewis]

Again, perhaps the hon. Gentleman should have a look in detail at the statement I gave a short while ago and the Command Paper, because we are specifically setting out that we want to negotiate a solution with the European Union. I would just say to him that we are the party that has put forward a whole series of pages to the EU, which we are waiting for proper engagement on. We have not publicised them; we have not gone to the press about that. We have been doing that because we want to give space for a proper negotiation and the freedom to do that, to get a proper solution for the people of Northern Ireland. I ask the hon. Gentleman to consider getting behind the UK Government to get a positive solution for Northern Ireland.

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

I warmly welcome the statement for both its timeliness and its content. In the negotiations that the Secretary of State and Lord Frost are plainly keen to have with the European Union, will they look seriously at the option of mutual enforcement, as advocated by none other than the Nobel peace prize winner Lord Trimble, as a way through these challenges? As the Secretary of State reminded the House, the EU invoked article 16 back in January, not us. If the EU continues to be unreasonable despite every effort to persuade it, are we prepared, in extremis, to use article 16 and, if necessary, even to legislate domestically to maintain the integrity of the United Kingdom?

[Brandon Lewis]

On mutual enforcement, we have sought to draw from ideas such as the suggestion of penalties for moving non-compliant goods to Ireland from Northern Ireland. We think that there is a reasonable evolution from where we are now that is capable of respecting everybody’s objectives and delivering better results, exactly as my right hon. Friend outlined. He is also right that it is important to be clear that we take nothing off the table. We are determined to deliver for the people in Northern Ireland as part of the United Kingdom, and the protocol itself outlines that it will respect the sovereignty of the UK internal market.

[Ian Paisley (North Antrim) (DUP)]

I refer to my entry in the Register of Members’ Financial Interests with regards to the legal action being taken against the Government on behalf of commercial entities in Northern Ireland, and I note Mr Speaker’s mention of a wavier on commenting on such matters. Given the seriousness of what the Secretary of State has said and as a result of the Command Paper, the legal team and claimants in that case will consider staying or pausing that commercial action. That is significant and opens up an opportunity for us to get a resolution for commercial entities in Northern Ireland. I hope that the Secretary of State and Government take that in the spirit in which it is meant and understand the seriousness of that.

I must say for the record that I do not care what the Dublin Government think about this—I do not care at all. All these Pavlov dogs from academia and some political parties are salivating at supporting the EU and what it needs, but none of them has put their shoulder to the wheel to try to solve the business problems unfortunately created by the protocol. I hope they will listen carefully to people such as Archie Norman, who has called the protocol a “pettifogging enforcement” of rules that protect nobody in Northern Ireland. He has said that 40% of his business deliveries are being delayed and that a quarter of what he hopes to deliver will be frustrated. The Command Paper says at paragraph 79 that discussions will move forward “at pace”. I hope that the Secretary of State can put some meat on the bone. What does that mean in terms of the timeline? We need to know within a matter of weeks that this will be finally resolved.

[Brandon Lewis]

We are not looking to set arbitrary timelines. We want to let the EU respond and to negotiate with it, and in the weeks ahead we will all see how that negotiation works through. I note the hon. Member’s comments about the legal case. It is important that we can show people and businesses in Northern Ireland that, among the EU and the UK, diplomacy, democracy and talking can work to deliver positive outcomes. This issue affects people in commerce across Northern Ireland as well as consumers and the whole community, so it is right that we work together to find a solution.

We are clear and have always said that we do not want to see cliff edges, and we have some grace periods coming up. That is why we think it is right to have a standstill agreement so that businesses have certainty and people can see a positive way to move forward to get a result by agreement. However, as I say, we cannot take anything off the table, because we want to ensure that ultimately we get the right result for the people in Northern Ireland.

[Mr Peter Bone (Wellingborough) (Con) [V]]

I welcome the statement, not only because of its contents but because the Government have brought it forward before recess. It is of great credit to the Government that they have made a statement that we can now scrutinise. Further to the previous question, it seems to me that, to get an agreement with the EU on anything, there must be an end date for the negotiations, because the EU run negotiations until the end date and, without one, they will go on forever. Will the Secretary of State have a word with Lord Frost and announce the date on which we will not go on any further with negotiations? Otherwise, I think this will drag on and on.

[Brandon Lewis]

I take my hon. Friend’s point: this is not something that we can allow to drag on and on. I think our track record shows that we will do what we need to do when the time is right, as we did when we took action in March to give certainty to businesses. We obviously have grace periods coming up, which is why we are recommending a standstill option to give businesses that certainty, but my hon. Friend is absolutely right: this cannot go on. That is why we need to resolve fundamentally the underlying problems, and do so soon.

[Claire Hanna (Belfast South) (SDLP) [V]]

I was interested to hear the Secretary of State say that he took heed of a party to the agreement warning of disruption. I hope that he will soon begin to listen to other parties to the agreement, as well as to businesses in Northern Ireland. A recent Northern Ireland business survey found that two thirds of companies would like to take advantage of the opportunities of the protocol. Invest Northern Ireland has reported many expressions of interest, and companies such as Arla and Dale Farm have agreed on major investment thanks to our unique dual market access.

Where there are practical issues of course they need to be resolved, but in his statement the Secretary of State referred to the potential of partnership, while in the same breath undermining it with uncertainty. This is no longer about the Government failing to capitalise on the opportunities, although they have abjectly failed to bother to do that. Why are they now actively thwarting those who want to create, privately, jobs and prosperity after decades of economic underperformance?

[Brandon Lewis]

Let me point out to the hon. Lady that there are two parties to the agreement, the UK and the EU. I can only assume from her suggestion that we should take more notice of other parties that she is joining some others in backing the EU over the people of the United Kingdom and, therefore, the people of Northern Ireland. This is a Government who have invested in Northern Ireland not only the largest financial package of city and growth deals that we have seen around the UK to deliver prosperity and growth, but £400 million in a new deal package which will also bring prosperity and growth, as well as the increase in the spending review in money for the Executive. We will continue to support that economic growth.

I agree with the hon. Lady in that, as I said earlier, I think there is a big opportunity for Northern Ireland as a fundamental, intrinsic part of the UK market with the ability to trade with the EU. That is what the protocol could bring about. There is a huge economic opportunity, but it can only deliver if it is working—if it is acceptable to the whole community of Northern Ireland —and business after business and business representative organisation after business representative organisation have made clear to us that there are problems which need to be resolved. What we are saying today is that rather than maintaining a piecemeal approach that creates continual cliff edges, we want to work with the EU to fix the underlying problems, so that we can see the economic opportunity that the hon. Lady has described delivering for Northern Ireland.

[James Sunderland (Bracknell) (Con)]

The UK has the ability, the will and the right to invoke article 16, but does my right hon. Friend agree that softer politics is still the way forward, and that working alongside the EU as an equal trading partner rather than an intransigent political hegemony will offer the best outcome for the people of Northern Ireland?

--- Later in debate ---

[Brandon Lewis]

Yes, I hope that the EU will engage in a positive way, because I think that as equal partners and equal sovereign states we are able to conduct a proper negotiation to resolve these core issues. That is in the EU’s interests, because obviously it will ensure that we can deal with its concerns about the single market, but it is also in the wider interest, to ensure that we are protecting not just the Belfast/Good Friday agreement but the sovereign integrity of the UK internal market, which I hope the EU respects as much as we respect its single market.

[Sammy Wilson (East Antrim) (DUP)[V]]

Unlike representatives of the Alliance party and the SDLP, who seem to think that their job is to be EU representatives in the House rather than to voice the concerns of their constituents who are hurt every day by the Northern Ireland protocol, I welcome the proposals that the Government have presented today, especially those relating to customs, trade barriers, checks on goods, VAT, and the ending of the jurisdiction of the European Court of Justice in Northern Ireland. However, in paragraph 71 the Secretary of State still refers to the need for EU law to apply in Northern Ireland. Does he recognise that that is undemocratic and will lead to future conflicts and future trade barriers. Does he accept that the introduction of the mutual enforcement of regulations would do away with the need for EU law to be applied in Northern Ireland and would therefore remove those problems and the undemocratic nature of the existing arrangements?

[Brandon Lewis]

I thank the right hon. Gentleman for his wider support and I share his frustration at hearing people who purport to represent UK citizens and Northern Ireland citizens in this Chamber and virtually continuing to support the EU, which is making their lives more difficult. I welcome his support for his constituents. In paragraph 71, we are clear that we think there is potential for more robust arrangements to ensure that, as the rules are developed, they take account of the implications for Northern Ireland and provide a stronger role for those in Northern Ireland. That is an important part of it and he is right to outline that. It is why the consent mechanism is so important as we move forward and why it is important that we recognise that, although the protocol is having an impact detrimentally on people across the whole community of Northern Ireland, for any form of protocol to survive it clearly has to have the consent of the whole community of Northern Ireland. At the moment, it simply does not have that. That is why, in its current format, the protocol as it is working is unsustainable.

[Rob Butler (Aylesbury) (Con)]

We know that the protocol was entered into with the best intentions by both sides, but the simple truth, is it not, is that the EU’s approach to its implementation has been so rigid as to risk considerable harm to Northern Ireland’s economy and society? Does my right hon. Friend agree that what is required now is a far more pragmatic attitude from the EU, whose leaders should recognise that a peaceful and prosperous Northern Ireland is in the best interests of us all?

[Brandon Lewis]

My hon. Friend makes an important point. I recognise and believe that both vice-president Maroš Šefčovič and the wider EU want an outcome that is good for the people of Northern Ireland, as well as, obviously, protecting and defending their own single market. What we are saying is that to do that let us work together to get a solution that means we can deal with the issues that are fundamentally undermining the protocol, affecting its sustainability and detrimentally affecting the people of Northern Ireland. My hon. Friend is absolutely right: for peace, prosperity and sustainability, it is in everybody’s interest to get a positive outcome to the negotiations.

[Karin Smyth (Bristol South) (Lab) [V]]

Trade is the way to the peace and prosperity we need to see in Northern Ireland, and it is ready to make the best of both worlds. This issue needs to be resolved very quickly. The Secretary of State chooses his words very carefully. I think this afternoon he has told us that he respects the epidemiological unit of the island of Ireland and that, in answer to my right hon. Friend the Member for Leeds Central (Hilary Benn), the agreement being sought will avoid the need for a veterinary agreement and make it redundant. Is the agreement that the Secretary of State is now seeking a single agreement across the island of Ireland and the island of Britain?

[Brandon Lewis]

The agreement we are seeking is one that recognises that Northern Ireland is fundamentally part of the UK internal market. That means not only the goods which at the moment can move unfettered from Northern Ireland to Great Britain, but getting to a point where goods moving from Great Britain to Northern Ireland, to be used and consumed in Northern Ireland, are also able to flow freely. We fully recognise the need to deal with checks and issues for products that are moving into Ireland, and therefore the EU and the single market. We will continue to do that. We think there is a realistic, practical and pragmatic way to do that, so that we avoid all those goods, including from companies that do not even trade within Ireland, having still to go through the same checks as if they were going into the single market. That is just not sustainable. It is not right for businesses and it is not right for consumers in Northern Ireland.

[Carla Lockhart (Upper Bann) (DUP) [V]]

This is a welcome step and we await the response from the EU. Of course, its refusal to recognise the fundamental flaws of the protocol and the intransigent approach of the Dublin Government must change if this process is to succeed. We will wait and see if they have the capability to be flexible. The Prime Minister, in his foreword to the Command Paper, references the protection of the peace process and the Belfast agreement in all its parts as the rationale for the protocol. Does the Secretary of State agree that a fundamental building block is the principle of cross-community consent? Does he agree that whatever the outcome of the negotiations it must have the consent of the Unionist community, which is entirely absent from the current arrangements?

[Brandon Lewis]

The hon. Lady makes a very important point. The issues with the protocol and the problems it has created for consumers and businesses affect all communities in Northern Ireland, but she is absolutely right that there is a fundamental problem that the Northern Ireland protocol, as it is currently working, does not have the consent of all, in all communities. It has to have that to have stability and the ability to deliver peace and prosperity. That is why it is important to enter the negotiations with the absolute aim of ensuring an outcome that resolves those underlying problems and works for people of all communities in Northern Ireland. She is absolutely right: it has to have the consent of all of them, including, obviously, the Unionist community.

[Robin Millar (Aberconwy) (Con)]

The Act of Union has long been the foundation for Great Britain and Northern Ireland, and of course the Good Friday/Belfast agreement has secured consensus on peace within Northern Ireland. By contrast, the protocol has challenged the integrity of the UK. It has seen tensions increase between communities within Northern Ireland, and it has been used to introduce barriers to trade.

I welcome the Command Paper and this statement as a timely and pragmatic response, but can my right hon. Friend confirm that he sees the integrity of the UK as the foundation for our pursuit of opportunities and for a peaceful and prosperous future?

[Brandon Lewis]

My hon. Friend’s comment is absolutely spot on. The Command Paper is clear that we seek an agreed new balance to meet the commitments in the protocol in a way that fully respects Northern Ireland’s place in the UK market. Obviously, we understand that we have a duty to help maintain the integrity of the EU market, and we take that seriously. We think we can deliver on that, but we also have to be clear about the fundamental integrity of the UK market.

[Gavin Robinson (Belfast East) (DUP) [V]]

The Secretary of State will know that aerospace is a key industry in my constituency. If we needed a good example of the flaws of the piecemeal approach, the resolution on steel is a great example. When we raised aluminium, the European Union was of the view that we needed a separate and bespoke negotiation to resolve those issues. That crystallises the conundrum that has led to this White Paper.

My right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson), my hon. Friend the Member for North Antrim (Ian Paisley) and the hon. Member for Wellingborough (Mr Bone) have all raised the timescales. I understand the Secretary of State’s reluctance to give arbitrary timescales, but there will be two choices: the European Union will either indicate very quickly that it has no interest in engaging with this process, or it will start to engage.

Will the Secretary of State at least commit not only to put his best efforts into achieving the right outcomes but that he will come to the House, when we return in September, to update us on progress or on the steps that may be necessary at that stage?

[Brandon Lewis]

The hon. Gentleman perfectly outlines the reason why it is important that we deal with the underlying problem, rather than looking separately at all these different symptoms. Many hon. Members have talked about a veterinary agreement and, as he has outlined, that will not solve the overall problems. He has given a very good example of that, which is why we want to take this approach to find a fundamental resolution to the underlying problems.

On the timeframe, as I have said, we want to work positively with the European Union. We are looking to agree a standstill so that we avoid any cliff edges that the grace periods may create, and that would also give us the space to have these negotiations to get a permanent, fixed, long-term solution. It would be wrong of me to put timeframes on that at the moment.

The hon. Gentleman is right that we will have to see how things work over the next few weeks, and I have no doubt that the opportunities in this House will be abundant for him and others to raise these questions and make these points to me on our return after the recess.

[Jim Shannon (Strangford) (DUP)]

It is always a pleasure to ask the Secretary of State a question, but I am very pleased to have heard today’s statement. I thank him for proposing a possible solution to where we are.

I have been in this Chamber all too often to discuss the Northern Ireland protocol, and here we are again, still trying to find some sort of solution. It has been said that the protocol was put in place to prevent Brexit from disrupting the peace process. However, the enforcement of the protocol in Northern Ireland has done the exact same. The protocol is not sustainable.

I believe very sincerely that there seems to be little willingness from the EU to find a way forward or to find a solution. What steps can the Secretary of State take to ensure an agreement is made to get rid of the protocol? Can he provide an assurance that all options will be considered, including invoking article 16, as he mentioned earlier?

[Brandon Lewis]

The hon. Gentleman is right. As other colleagues have said today, it is important, and we are very clear, that we are not taking any options off the table. We need to ensure that we have the ability to do what is right for the people of the United Kingdom, and particularly, in the instance of the protocol, for the people of Northern Ireland. We think this is the right way to move forward, in order to find a way to resolve these underlying issues within the protocol, which we are fundamentally implementing for Northern Ireland and for the EU. These are fundamental issues that need to be resolved.

I have always been very clear, as have the Prime Minister and my right hon. Friend the noble Lord Frost, about our determination to deliver an outcome that is right for the people of Northern Ireland and that is sustainable and has the consent of the entire community of Northern Ireland. That is the only way that this can work in a positive way. We will then get to the stage where Northern Ireland has real opportunity to deliver huge economic growth and jobs in the future, as part of the UK internal market but also working with our friends and partners in the EU, with access to their market as well.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Thank you. I will now briefly suspend the House for three minutes in order that arrangements can be made for the next item of business.

Petition of Concern Mechanism: Third Report

Brandon Lewis Excerpts

Monday 19th July 2021 Written Statements

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

I am laying before both Houses of Parliament the third report by the UK Government on the use of the petition of concern mechanism in the Northern Ireland Assembly.

As part of the New Decade, New Approach deal upon which devolved government was restored in Northern Ireland on 11 January 2020, the UK Government committed to undertaking such a report every six months.

This report covers the period from 12 January 2021 to 11 July 2021, during which no petition of concern has been lodged against any motion in the Assembly.

The fact that there have been no uses of the Petitions of Concern since the restoration of the political institutions is a positive reflection of the conduct of business within the Assembly. However, I want to take this opportunity to reinforce the importance of a stable, mature, functioning Executive and Assembly that is focused on addressing the issues that really matter to their daily lives.

The next UK Government report on the use of the Petition of Concern will cover the period from 12 July 2021 to 11 January 2022.

The UK Government are standing by their commitment to bring forward legislation that provides the necessary reforms to the petition of concern mechanism. The Northern Ireland (Ministers, Elections and Petitions of Concern) Bill has reached the Commons Report stage in its passage through Parliament. Once this legislation has completed its passage through Parliament and received Royal Assent, it is crucial that the Assembly reflects the detail of these reforms in its Standing Orders to ensure the full implementation of these aspects of the New Decade, New Approach deal.

[HCWS198]

Independent Reviewer of National Security Arrangements: 2020 Report

Brandon Lewis Excerpts

Monday 19th July 2021 Written Statements

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

The role of the independent reviewer of national security arrangements in Northern Ireland is to monitor compliance with annex E of the St. Andrews agreement, reviewing the relationship between MI5 and 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 2020. What follows is a summary of the main findings of the report covering the period from 1 January 2020 to 31 December 2020.

His Honour Brian Barker states:

2020 was a most difficult year, overtaken by, and then submerged under, the covid-19 pandemic. It opened with good news: a functioning Executive and Assembly re-emerged after a three-year gap, in parallel with the publication of “New Decade, New Approach”. It closed, still under the shadow of the virus, with the departure of the United Kingdom from the European Union.

The dominant focus faced by the community throughout was to cope with the uncertainties of lockdowns, and the consequences of the unpredictable spread of the pandemic; a combination that led to considerable unforeseen pressures and understandable anxieties in all quarters.

The last visit to Northern Ireland that I was able to make was in February for a Northern Ireland Committee on Protection (NICOP) meeting. The subsequent lockdown, the medical and social emergency and no predictable future pathway made any subsequent planning and conducting of the usual types of personal briefings and interviews impossible. The alternative approach adopted was to receive regular briefings from members of MI5 and PSNI during virtual NICOP meetings.

Dissident republican activity during the year was somewhat reduced due to enforced life pattern changes and continuing pressure from the security forces, as their leadership took stock. The number of incidents fell slightly compared with 2019. The overall picture in this area, sadly, had changed little. The threat from both dissident republican groups and loyalist paramilitaries remained, and some areas of the community continued to be subject not only to terrorist activities but also to unacceptable criminal acts and attitudes at a level which has almost come to be regarded by many as normal.

Nevertheless, a number of operations were successfully concluded and were marked with high profile court appearances of senior participants and the imposition of significant sentences. A major success was the co-ordinated arrest in mid-August of 10 individuals who have since been charged with a variety of terrorist offences following a long running and carefully co-ordinated joint operation between MI5 and the PSNI. Incarceration of key individuals will be a serious blow to dissident republican operations with the resulting loss of leadership and planning capability.

My meetings with senior members of MI5 and PSNI were restricted to virtual contact through secure links in the latter part of the year. It was apparent that the many extra health and operative difficulties faced by MI5 since April, in order to continue to function at the expected level, had been overcome. Benefits gained from regular meetings at senior level with PSNI and the continuing strides made in overall co-operation with a variety of agencies had led to significantresulting successes in the field. The overall impression was of effective co-operation having gone up a level, as working partnerships were strengthened and respective responsibilities better understood.

The dire circumstances faced by the PSNI on the ground, coping externally with administering changing regulations and internally with infection and shielding, had required a change in posture; but adaptation had been impressive and results and control overall had been encouraging. The decrease in activity had led to a sharp decline in arrests under terrorism legislation, compared with the previous year, but there had been an increase in the recovery of ammunition and explosives. The traditional marching events, following leadership advice and public appeals, were severely curtailed.

I was pleased to note that the Policing Board were able to appoint a new chair and vice chair in April and I look forward to the opportunity of meeting them. In the course of the year the Board published their new corporate plan and the new stylised policing plan 2020-2025. Their human rights advisor was asked to examine the challenges and response of PSNI to community activity (including Black Lives Matter demonstrations). The conclusions were generally positive given the difficulties, although with some reservations.

The annual statistics published in November for 2019-20 show that the powers of stop and search under section 47a of the Terrorism Act 2000 were not exercised. There were 179 premises searched under warrant under section 37 Schedule 5 of the same Act. There were 128 (down from 146) persons detained under section 41 of the Terrorism Act and 125 (98%) were held for 48 hours or less. 17 persons were charged with a total of 39 offences including two charges of murder, one charge of attempted murder, 15 charges of firearms offences, eight charges of drug offences and six charges of explosive offences.

A total of 26 (down from 34) persons were disposed of by non-jury trial, 18 of whom were found guilty of at least one charge. A total of 13 (down from 17) non-jury trial certificates were issued by the DPP. There was a total of 14 (up from six) persons convicted in the Crown Court under the Terrorism Act 2000, the Terrorism Act 2006 or the Counter-Terrorism Act 2008. There were 465 (down from 1515) examinations carried out by police officers under Schedule 7 of the Terrorism Act 2000, all of these were examinations of persons, 34 of which resulted in a detention. No compensation or agency payments were made under section 38 schedule 4 of the Justice and Security (NI) Act 2007 where property was broken, destroyed or damaged or other private property rights interfered with.

The extent of my investigations, regrettably, have had to be extensively curtailed. However, in coping with extraordinary difficulties, I have good reason to believe that both MI5 and PSNI have maintained high standards and motivation and have achieved commendable results. The two major dissident republican groups undoubtedly suffered severe setbacks in what was a very successful year for the security forces. The danger remained of some sort of reactive show of strength, which fortunately did not materialise; and the minor groups continued to maintain a low profile. Police and prison officers continued to be regarded as legitimate targets and still had to face unacceptable risks. In pockets of the community intimidation continued, and although the figures for paramilitary shootings and beatings dropped, it continued to be concerning.

My conclusions, restricted by the exceptional conditions, in relation to annex E of the St. Andrews agreement are as follows:

Further to reinforce this comprehensive set of safeguards, the Government confirm that they accept and will ensure that effect is given to the five key principles which the chief constable has identified as crucial to the effective operation of the new arrangement:

Legacy of Northern Ireland’s Past

Brandon Lewis Excerpts

Wednesday 14th July 2021 Commons Chamber

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

Thank you, Mr Speaker. My apologies to you and to the House. I accept the comments that you have made. I just say in my defence and in that of colleagues who have been working on this issue for the past 18 months or so that we have been having wide engagement on a range of issues that inform the statement that I am going to make. This is the first time anybody will hear or have seen this statement, apart from the advance copies that we gave to colleagues earlier as per the normal protocol, as it has always been done, not to the press. It has been important in the past few weeks and months, and will be important in the weeks ahead, to have that wide engagement with people around the issues that we are talking about, because of the complexity and sensitivity of the matter.

I would like to make a statement now about the way forward in addressing the legacy of Northern Ireland’s past.

The troubles saw a terrible, extensive period of violence that claimed the lives of some 3,500 people, left up to 40,000 people injured, and caused untold damage to all aspects of society in Northern Ireland. The Belfast/Good Friday agreement in 1998 sought to move Northern Ireland forward, setting a bold and visionary path that would guide all the people of Northern Ireland towards a shared, stable, peaceful and prosperous future.

It is wonderful to mark, in this centenary year, just how far Northern Ireland has come. While Northern Ireland is undoubtedly today a fantastic place in which to live, work and visit, the unresolved legacy of the troubles remains. It continues to impact and permeate society in Northern Ireland. The past is a constant shadow over those who directly experienced the horrors of those times, and also over those who did not but who now live with the trauma of previous generations.

It is clear that the current system for dealing with the legacy of the troubles is not working. It is now a difficult and painful truth that the focus on criminal investigations is increasingly unlikely to deliver successful criminal justice outcomes, but all the while it continues to divide communities and it fails to obtain answers for a majority of victims and families. That is borne out in the figure. The Police Service of Northern Ireland are currently considering almost 1,200 cases, which represents just a fraction of the 3,500 deaths and wider cases. These would take over 20 years to investigate. More than two thirds of troubles-related deaths occurred over 40 years ago, and it is increasingly difficult for the courts to provide families with the answers they are seeking. If we fail to act now to address, acknowledge and account for the legacy of the troubles properly, we will be condemning current and future generations to yet further division, preventing reconciliation at both the individual and societal level.

That is why I am today laying before the House, and publishing, a paper that proposes a series of measures to address the legacy of the past in Northern Ireland. These proposals are being considered as part of an ongoing and an important engagement process, which I announced alongside the Irish Government at the British-Irish Intergovernmental Conference last month. As set out in the framework, which we published at the same time, that engagement process is committed to involving not just the UK and Irish Governments and the Northern Ireland parties, but those directly affected by the troubles, and experts and Members and Committees of this House and the other place. The objective of this engagement is to deal with legacy issues in a way that supports information recovery and reconciliation, complies fully with international human rights obligations and responds to the needs of individual victims and survivors, as well as society as a whole.

This is a hugely difficult and complex issue, and many have strongly held and divergent views on how to move forward, but I hope we can all agree that this is an issue that is of the utmost importance to the people of Northern Ireland and beyond. It is critical that all involved continue to engage in a spirit of collaboration in order to deliver practical solutions on this most sensitive of issues. This Government reaffirm their commitment to intensive engagement in that spirit, and we are committed to introducing legislation by the end of the autumn.

The measures set out in the paper will include three key proposals. First, a new independent body, that will focus on the recovery and provision of information about troubles-related deaths and most serious injuries. That body will be focused on helping families to find out the truth of what has happened to their loved ones. When families do not want the past raked over again, they would be able to make that clear. For those families that want to get answers, the body will have the full powers to seek access to information and find out what happened.

Secondly, a package of measures will also include a major oral history initiative, consistent with what was included in the Stormont House agreement. That initiative would create opportunities for people from all backgrounds to share their experiences and perspectives related to the troubles and, crucially, to learn about those of others. Balance and sensitivity would be of central importance and a concerted effort would be made to engage with those whose voices may not have been heard previously.

Thirdly there will be a statute of limitations, to apply equally to all troubles-related incidents. We know that the prospect of the end of criminal prosecutions will be difficult for some to accept, and this is not a position that we take lightly, but we have come to the view that it is the best and only way to facilitate an effective information retrieval and provision process, and the best way to help Northern Ireland move further along the road to reconciliation. It is a painful recognition of the very reality of where we are.

As I say, these issues are complex and they are sensitive. That is why they remain unresolved, 23 years after the Belfast/Good Friday agreement. We also understand the importance of the Stormont House agreement, and remain committed to its key principles, which this paper will outline and cover. In particular, we acknowledge that any proposal that moves away from criminal justice outcomes would be a very significant step that will be extremely difficult for some families to accept.

The Belfast/Good Friday agreement was a bold step—one to address the past—and there have been other bold steps, such as the decommissioning of weapons and the limiting of sentences, all those years ago, to two years. However, it is increasingly clear to us that the ongoing retributive criminal justice processes are far from helping, and are in fact impeding the successful delivery of information recovery, mediation and reconciliation that could provide a sense of restorative justice for many more families than is currently the case.

The Government are committed to doing all in their power to ensure that families from across the United Kingdom do not continue to be let down by a process that leads only to pain, suffering and disappointment for the vast majority. As part of that, we will deliver on our commitment to veterans who served in Northern Ireland. We will provide certainty for former members of the security forces, many of whom remained fearful of the prospect of being the subject of ongoing investigations that will hang over them for years to come, even though the vast majority acted in accordance with the law, and often at great personal risk.

We are also unequivocal in our commitment to delivering for victims and survivors. Time is crucial, and as it moves on we risk the very real possibility that we will lose any chance to get the vital information that families want and need. They have waited long enough and a focus on information would offer the best chance of giving more families some sense of justice through acknowledgment, accountability and restorative means. We need to progress our understanding of the complexity of the troubles and in doing so seek to reconcile society with the past as we go on to look forward together.

This Government are determined to address all aspects of Northern Ireland’s troubled past. We know from our recent history, particularly with the implementation of the Belfast/Good Friday agreement, that we can achieve more when we are bold and move forward together. I want us all to continue to engage on the shape and the detail of the proposals as we work to address this issue, which is of the utmost importance to the people of Northern Ireland and beyond.

Finally, I draw the attention of the House to a quote from Margaret Fairless Barber. I came across it when reading the report by Lord Eames and Denis Bradley into Northern Ireland’s past and I think it is worth repeating today in the House:

“To look backwards for a while is to refresh the eye, to restore it, and to render it more fit for its prime function of looking forward.”

I commend this statement to the House.

[Louise Haigh (Sheffield, Heeley) (Lab)]

I thank the Secretary of State for advance sight of his statement, but share your frustration, Mr Speaker, that the Government have repeatedly chosen to brief newspapers rather than to respect this House, and more importantly the victims whom these proposals concern.

In debates about Northern Ireland’s past here in Great Britain, it is all too easy to forget the victims of the conflict—people such as Brian Service, who was just 35 years old when he was shot in the head by loyalist paramilitaries in a random sectarian attack just weeks before the Good Friday agreement. After his death, his mother said she felt:

“It was as if he never really existed as a person and that his life and death did not matter.”

The deep pain of that conflict was the proximity of the violence and the absence of justice. More than 3,000 people lost their lives and tens of thousands were injured—in a place of fewer than 2 million people. Society and the peace process in general remain so fragile precisely because the pain runs so deep. It is why any proposal to deal with legacy must have victims and the communities of Northern Ireland at its heart, and that requires real care from the Secretary of State. It is therefore deeply regrettable that his approach has already seen trust among victims reach rock bottom.

Victims have been treated appallingly over the last 18 months: promises made torn up; gaslighted by the Secretary of State at this Dispatch Box. It is little wonder that many have greeted today’s proposals with deep scepticism and question whether this is more an exercise in shoring up narrow party support than in delivering the reconciliation that the communities in Northern Ireland crave.

We must not forget that this Government gave victims their word. Just 18 months ago, they promised to legislate on the Stormont House agreement in New Decade, New Approach. These proposals are a seismic departure from that promise. If the goal is reconciliation, why would the Secretary of State begin by taking a sledge- hammer to promises made by his own Government? I am afraid that to dress this up as truth and reconciliation is deeply disingenuous. As they stand, these proposals will deliver neither.

We cannot impose reconciliation and the truth will never out with an amnesty in place—because at the heart of these proposals is an amnesty in all but name, which is profoundly offensive to many. No wonder the five main political parties in Northern Ireland have objected to the proposals, as have victims’ groups right across the spectrum, including South East Fermanagh Foundation, WAVE and Relatives for Justice. Crimes committed in the United Kingdom, the vast majority of which relate to republican and loyalist murder, closed for good; no justice for the Bloody Sunday families whose cases remain live; no justice for the 21 innocent people murdered by IRA bombs on a November night in Birmingham in 1974—the deadliest act of terror in Britain until 7/7. Their families have said today that such an amnesty would be abhorrent.

As veterans of the Ulster Defence Regiment I met in Cookstown told me, “We have nothing to hide. We were there to protect the rule of law. If we broke it, use it against us. If we didn’t, defend us with it.” Ministers today appear to have concluded that the rule of law no longer applies—an amnesty for the republican and loyalist terrorists who tortured, maimed, disappeared and murdered men, women and children.

Addressing the toxic legacy of the past in this way—through unilateral imposition by Westminster without the support of any political party in Northern Ireland—is foolish and unsustainable. A way forward has to be found—one done with people, not to them, which genuinely prioritises reconciliation and upholds the rule of law. It is striking that the Secretary of State made scant reference to the Government’s obligations under article 2 to conduct effective investigations. If his proposals are not legal, they will be tied up in the courts for many years to come.

The work of Operation Kenova is demonstrating that even now, many years on, important new evidence can be retrieved. The case for a comprehensive legacy process, as outlined in Stormont House, through investigations with full police powers, remains strong and compelling. It is totally wrong to abandon it.

The Secretary of State’s deliberations concern the most shattering moments; the midnight hour of some of the darkest days seen on these islands. They concern whether families for whom the violence was so intimate will have the chance to come to terms with what happened to their loved ones. I urge him to ask himself whether society’s interests are truly served by an amnesty, or whether it is his own party’s interests that he is serving.

This is the last chance for many victims to find the truth. The Secretary of State’s decision could be the last word. On this issue, more than any other, those most affected by the dark legacy of the past must come first.

[Brandon Lewis]

We are committed to addressing the unresolved legacy of Northern Ireland’s past so that communities can reconcile and heal. That is what the Command Paper we will publish today sets out. I suggest the hon. Lady has a look at it; she will see that some of the issues she raised are the issues we have been talking to people about and cover in that Command Paper. As I said, we are determined that anything we do is article 2 compliant.

The hon. Lady referred to Operation Kenova, which has done excellent work with victims of families to get to the bottom of the truth. In the four or five years that has been functioning, there have been no prosecutions, but there is a model in Operation Kenova about how these things can work, which gives is a clear indication of how to get to information as we move forward. That is the kind of process that it would be constructive for us to look at and deal with.

On Stormont House, it is increasingly clear—I was frank about this in my opening remarks—that any approach to dealing with the legacy of the past that focuses on criminal investigations will be unlikely to deliver the outcomes that people hope for. There comes a point when we in this House need to be honest with people about the very painful and difficult reality of where we are today, as recent cases have shown us. That is probably why the previous Police Ombudsman for Northern Ireland made the comment that some of those things were simply unworkable. We are also clear that we will never accept any moral equivalence between those who upheld the law in Northern Ireland, who served their country, and those on all sides who sought to destroy it.

Let me gently say to hon. Lady that she stood there and talked about engagement, but some of the people she criticised me for not engaging with we engaged with just last week, as part of a wide range of engagement over the past 18 months that will continue. The paper is part of the tools that are ongoing and will continue in the weeks ahead.

In the light of not hearing from the hon. Lady a single thing about what the Labour party would propose as a way forward, I will finish, as I did in my opening statement, with a quote: “Instead of releasing the sort of politics that can ensure the success of the Good Friday agreement, the party is an obstacle to progressive political development.” That is a quote today from Boyd Black, the secretary of the Labour party in Northern Ireland.

[Mrs Theresa May (Maidenhead) (Con)]

The Belfast/Good Friday agreement enabled peace to come to Northern Ireland and opened up the prospect of a much brighter future for that part of the United Kingdom, but does my right hon. Friend agree that young people today and future generations will be able to enjoy that brighter future only if Northern Ireland can find a path to reconciliation and if it is able to address—and, crucially, move on from—the legacy of the past?

[Brandon Lewis]

Yes. My right hon. Friend, who I know has had a great interest in Northern Ireland for many years, is absolutely right. It cannot be right that, 23 years on from the Belfast/Good Friday agreement, still only some 7% of children in Northern Ireland are able to enjoy integrated education. If we want to see society move forward, we need to be clear and honest with ourselves that there is much more work to do on that. She is absolutely right that we need to end the intergenerational trauma that we are seeing and find a way to help Northern Ireland move forward so that the next generation and today’s younger generation can look forward, while always understanding where we have come from and what has happened.

[Richard Thomson (Gordon) (SNP)]

May I associate myself with your remarks before the statement, Mr Speaker, about the unfortunate way in which this information has entered the public domain? I thank the Secretary of State for advance sight of his statement, but we should not be reading these things on the BBC and RTÉ websites before we can discuss them in the House.

I acknowledge the untidy and imperfect nature of some of the compromises that have had to be made over the decades, first to achieve peace in Northern Ireland and then to maintain it. However, whatever merits in principle there might be in proposals surrounding aspects of truth, reconciliation and ensuring that the hidden truths of the troubles can at last be told while it is still possible, there remain huge concerns about the apparent lack of formal consultation and engagement on them.

Does the Secretary of State understand the huge concern, unease and upset that these proposals for a statute of limitations will cause, not just across Northern Ireland, but right across these islands? Will he acknowledge that unease and commit to engaging with victims’ groups and political leaders to discuss the way forward? Will he also think again about that statute of limitations and find a way to ensure, whatever final proposals he brings forward to the House, that where independent prosecutors consider that there is a sufficiency of evidence and a likelihood of successful conviction and, importantly, where they independently judge that it is in the public interest to bring forward a prosecution, they will still be able to do so?

[Brandon Lewis]

I absolutely agree with the hon. Gentleman about making sure that we are able to get to the truth and get to information. Nobody in this House ever wants to see again a situation like the Ballymurphy case, where the families have had to wait 50 years to get to the truth. We have to find a better way forward. The current system is failing everybody, so to do nothing simply is not an option that will deliver for people in Northern Ireland. The hon. Gentleman is absolutely right.

We do want to engage. We have been engaging, and not just over the past 18 months. Even last week, my officials and I engaged with victims’ groups on these very issues. In the weeks ahead, with the Command Paper for people to read through and engage with, that engagement will continue, including with the political parties and our partners in the Irish Government.

[Mr Speaker]

Let us go to the Chair of the Select Committee on Northern Ireland Affairs.

[Simon Hoare (North Dorset) (Con) [V]]

My right hon. Friend should be commended for trying once again, as others have done, to resolve legacy. As we do so, can we resolve not to use the language—I know that he has not done so—of drawing a line and closing a chapter? For those who suffer still, that is something unreachable. We need to show the utmost sensitivity on that point.

The work of Operation Kenova has commanded cross- community support. Where do that model and approach fit into my right hon. Friend’s thinking as he tries to pursue truth and reconciliation? How will he evolve these plans, working in concert with the Irish Government, to ensure and maximise buy-in for a joint approach? Is there a George Mitchell-like figure hovering in the wings who could be deployed to help and to act as an honest broker as we try to resolve this all-too-long issue?

[Brandon Lewis]

I appreciate the comments of the Chairman of the Select Committee. There is a lot of work to do with our partners, not just victims and veterans—who of course are also often victims of the troubles themselves in a wider sense, and in some cases directly—but the parties in Northern Ireland and also the Irish Government. There are still a range of cases that I know exist, which the First Minister of Northern Ireland wrote to the Taoiseach about not that long ago. That is why we are looking at how we can work together on information recovery to ensure that we find a way that gets to the truth and to information that we have not yet been able to secure in a process that works for families and victims. I do think Operation Kenova is a very good example of showing how we can get to the truth and can get information in a format we have not had before. We need to accept the difficult reality that, over the last five years, it has not yet seen any successful prosecutions, but the model of how it has worked—worked with victims and with families—is an important part of the discussions to have about information recovery.

I share with my hon. Friend the view that this is never about ignoring what has happened. We should not do that, and it would be wrong to do that. We have to be conscious of our past to be able to understand and learn more about where we can go for our future, and that has to be the aim for people, including the young generation of people, in Northern Ireland.

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

I know this is a difficult issue, and the Secretary of State is not the first to attempt to address these matters. I think we all have to take responsibility for the failure since 1998 to deal effectively with this matter.

On this day, 14 July, in 1984 two of my comrades in the Ulster Defence Regiment, Private Norman McKinley and Corporal Heather Kerrigan, were murdered by the IRA in a landmine explosion near Castlederg. I think also today of even Members of this House who lost their lives during the troubles—people such as Airey Neave, murdered in the precincts of this House, for which no one has been brought to justice; and the Rev. Robert Bradford, the Member for Belfast South, murdered in his advice centre, for which no one has been brought to justice.

Like the former Prime Minister, the right hon. Member for Maidenhead (Mrs May), I want to take the path to reconciliation, but I cannot believe that the path to reconciliation is made easier when we sacrifice justice. The victims have to be at the centre of this, and I would urge the Secretary of State, in taking forward his proposals, to listen to their voices. This must be a victim-centred process; it cannot be at their expense.

I want Northern Ireland to move forward. I want the young generation to see a Northern Ireland that is looking to the future, not living in the past, but upholding the rule of law, after all that we have been through in Northern Ireland, is important. Justice is important and, yes, truth is important as well, but I think the Secretary of State needs now to reassure the victims that they will be part of the discussion of these proposals and that their quest for justice will not be ignored.

[Brandon Lewis]

The right hon. Gentleman is absolutely right: victims must be a huge and important part of this process. We have been engaged with organisations such as the WAVE Trauma Centre, and I met the South East Fermanagh Foundation myself just last week. Their stories, and those of others whom I have met and talked to, are moving and in some cases, as he and many in this House will know, harrowing. He is right to talk about Members of this House, and members of my party have obviously been victims. I noticed Lord Tebbit’s powerful comments this morning about his views.

It is right that we have victims in our mind. As the right hon. Gentleman rightly outlines, we often forget that many of those who served are also victims and close to victims, which is why taking the thoughtful approach he outlines is absolutely right. It is right that there is a point at which we need to be honest with people and deal with the very painful reality of where we are and what is achievable for people. This is about acknowledging the reality of where we are with retributive justice following the sentencing Act that followed the Belfast/Good Friday agreement—the Northern Ireland (Sentences) Act 1998—and actually looking at restorative justice and reconciliation as a way forward, and at how we facilitate getting the information we need to reach accountability, truth and reconciliation. We think, after so many years of looking at this, that it is the right way forward, but I look forward to having that discussion and debate with him and with others.

[Rob Butler (Aylesbury) (Con)]

For many families who lost loved ones during the troubles, the chances of achieving a criminal justice outcome are vanishingly small, which is leading, understandably, to pain, suffering and disappointment. Despite that, however, for many of them the proposal to apply a statute of limitations will be extremely difficult to accept. So will my right hon. Friend assure me that he is working with communities on all sides to ensure that everybody’s voice is heard?

--- Later in debate ---

[Brandon Lewis]

Yes, I can absolutely give that assurance. We have been doing so over the past 18 months, and with wider civic society as well. We were certainly doing so in the intensive talks that began after the British-Irish Intergovernmental Conference on 24 June. That process effectively started the week before last and will continue for the next few weeks, so we will certainly be doing that.

[Colum Eastwood (Foyle) (SDLP)]

In October 1990, Patsy Gillespie was abducted from his home by the IRA. His family were told he would be back soon, while being held at gunpoint. Patsy was then chained to the driver’s seat of a van filled with explosives and forced at gunpoint to drive that van to a nearby Army base. The IRA then remotely detonated the bomb, killing Patsy and five soldiers. Will the Secretary of State come with me and explain to his widow Kathleen why he wants to protect his killers from prosecution and even investigation?

[Brandon Lewis]

I appreciate that the hon. Gentleman tends in this House, as we saw yesterday, to use emotive comments for soundbites, often for his own social media outlet. To use somebody’s harrowing experience and loss in that way says much about him. I would happily meet any victims to talk to them about the experience they have been through and why we need to be honest with them about what is achievable and how we help Northern Ireland to move forward in a positive way, rather than continuing to use harrowing experiences like that for political ends in the way he has done in the past 24 hours.

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

I particularly welcome your opening statement, Mr Speaker, about the way in which this information came out today.

Many years ago, I was called to serve in Northern Ireland. I did not ask to go and it was a terrible thought that I had to carry a rifle amongst members and citizens of the United Kingdom. I, like many others, lost a friend. Robert Nairac was captured, taken prisoner, tortured and murdered, and his body has never been found. His parents died never knowing where he was or what happened to him. The Good Friday agreement, with its associations, and also the letters of comfort that followed have meant pretty much that many of us have now accepted, sadly, that we will never really know the truth about what happened to that brave man. I simply say today that this process, which is four years in the making—I do upbraid the Secretary of State for not having brought forward legislation at least giving us an idea of what the Government are planning—will not be beloved of anybody, but I do recognise, sincerely, that if we are to move forward we will all have to make some kind of sacrifice. My only concern is that the vexatious pursuit of soldiers who served, like many of us did, because that is what their country called them to do, should end and they themselves be seen as victims.

[Brandon Lewis]

My right hon. Friend makes a powerful point. As he will appreciate, I know about the Robert Nairac case, which is a very good example of where we have not been able to get to information. That is why it is important to try to work with our partners, with the Irish Government and potentially the United States as well on how we can find a way forward that delivers information in a way that we have just not been able to do so far, and what allows us to step forward and do that. As I say, I think these proposals give us the basis for doing that.

My right hon. Friend also makes a very powerful point, which I absolutely accept, about legislation. He, my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois) and others in this House have, for a very long time, made the case for needing to move this issue forward, and I absolutely accept that they want to see that delivered as quickly as possible. He makes a very strong, powerful point that I support; I alluded to it earlier and it is worth making again. Those who served their country with honour, to protect life and to protect their country, are victims as well and have just as important a voice in this as anybody else in looking at how we move things forward for the people of Northern Ireland.

[Stephen Farry (North Down) (Alliance) [V]]

These shameful proposals are an insult to all victims and indeed to many veterans who served honourably. They do not draw a line but rather cross the line of justice and the rule of law. It is staggering that the Government are contemplating an amnesty, including for IRA and loyalist terrorists, in order to address this false narrative of vexatious investigations into veterans. There is near universal disapproval of these proposals in Northern Ireland. Can the Secretary of State give an assurance that he will not seek to impose these one-sided proposals over the heads of local parties in Northern Ireland and of victims’ groups across the spectrum?

[Brandon Lewis]

I just say to the hon. Gentleman, as I said earlier, that there is a very important difference here. This is a statute of limitations. We are not pardoning terrorists for the heinous crimes that they committed. We are very clear as a Government that we will never accept any moral equivalence between those who upheld the law and served their country and the citizens of Northern Ireland, and those on all sides who sought to destroy it. I absolutely want to find a way to work through this with people in Northern Ireland—parties, civic society, representatives of the victims groups and victims themselves—to find a way forward. I ask him to look carefully at what we are talking about and engage positively on how we are looking to deal with information recovery in a way that means we can get to the truth, and with truth comes accountability. The way in the past 23 years has failed everybody. There has to be a better way of doing this and there is a duty on all of us to find it.

[Richard Drax (South Dorset) (Con) [V]]

Having served on three operational tours, I have some knowledge of the Province and more about the ongoing witch hunt of our veterans. Of course, I welcome any move to try to end this injustice, but I am afraid that I do not believe that former terrorists, on both sides of the sectarian divide, will now participate in a truth recovery process, if I have understood my right hon. Friend correctly. This is not South Africa. Does he agree that it is time for the long-awaited and frequently discussed and promised Bill, not further discussions?

[Brandon Lewis]

As I said to my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith), I do recognise the desire of colleagues to see legislation and they will see legislation before the end of the autumn. I would have liked to bring legislation forward earlier, but it is important that we are working with our partners, not just the Irish Government, as I have outlined, but interested parties and political parties in Northern Ireland, to find a way forward if we can. This paper is intended to inform those discussions in the next few weeks so that we can find a mutual way forward. I recognise my hon. Friend’s point about who will and will not come forward with the information, but one challenge of the situation at the moment is that information is not coming forward. If we do not find a way of doing something different, we are, sadly, in a position where, because of time, that information will no longer be with us. We believe it is time to do something bold and different to find a way forward that can get to the truth, as far as we can, to get answers for families who have waited for far too long, as well as to help Northern Ireland to move forward.

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

The Secretary of State’s statement today is a quite remarkable achievement. I have followed Northern Ireland politics all my adult life and I can think of very few occasions when Secretaries of State in this place have been able to unite all five parties in Northern Ireland, but he today has achieved exactly that. They are, however, all united in telling him that on the question of an amnesty he is wrong. He stands at the Dispatch Box today and says that he makes no moral equivalence between those who broke the law and those who upheld it. Why then is he offering them all legal equivalence?

[Brandon Lewis]

I am sure people would have asked our predecessors those sort of questions with the equivalence that came from the Belfast/Good Friday agreement under the Labour Government at the time of that agreement and the Northern Ireland (Sentences) Act 1998 that followed it. That is the reality of where we are. As I have said, there is a difficult, painful reality of where we are and the situation where we are in: the reality of not seeing prosecutions and painfully being honest with victims about what is achievable. In the conversations that Operation Kenova and I have had, people have talked, as we have seen in the past 24 hours, about wanting to get to the truth, get to information and get an understanding in many cases of what actually happened. The current system is not working and we need to find a different way forward to do something that can make a difference to get to the truth. That is what we want to achieve with a proper, genuine, delivering information recovery process.

[Mark Logan (Bolton North East) (Con) [V]]

Can the Secretary of State confirm that today is but one part of a process that seeks to get buy-in from both parties and people across the political spectrum in Northern Ireland, and engender hope for both current and future generations?

[Brandon Lewis]

Yes, absolutely. I do not underestimate, and I do appreciate, as I said in my opening remarks, the fact that this is a very difficult, sensitive and complex situation. I appreciate that we are asking people to take a very big step. That is why we want to engage intensively over the weeks ahead, but we are being very honest with people: we need to do something different. The status quo has failed and we need to find a different way forward. I hope we will be able to do that in the weeks ahead, before we legislate in the autumn.

[Tony Lloyd (Rochdale) (Lab) [V]]

Can the Secretary of State honestly think of any circumstance where he would say to the families of victims of murder anywhere else in the United Kingdom—including Northern Ireland, under different circumstances—that an amnesty was the way to bring them reconciliation and peace? If not, how does he say to the families of victims of the troubles that this is the correct way forward? Far from this practically meaning that we will move towards reconciliation, if he carries on with it, he will set up another wave of intercommunal unhappiness. That cannot be the way forward.

[Brandon Lewis]

Where I agree with the hon. Gentleman is on the desire to end the intergenerational challenge and trauma that we are seeing, with families and people now with us who were simply not alive at the time of the troubles and have no recollection of just how dreadful a situation that was for Northern Ireland. We need to stop this intergenerational issue.

I will say in direct answer to the hon. Gentleman’s question that the troubles represent a uniquely troubled time in our history. The Good Friday/Belfast agreement itself acknowledged that. In focusing on a shared future for Northern Ireland, we sometimes need to make difficult decisions in relation to the past, as his colleagues did and as our colleagues did back at the time of the Belfast agreement. We are in a different situation in Northern Ireland with the troubles from most other crimes because of the sentencing Act that followed the Belfast/Good Friday agreement. We need to be honest about that and deal with the reality of where we are, however difficult that may be.

[James Sunderland (Bracknell) (Con)]

I have had the privilege of working closely alongside the Secretary of State on legacy for much of the past six months, and I believe he is on to something. This is difficult work and it involves compromise, so I am slightly baffled by some of the negativity that I have encountered, both today and previously, with regard to the statute. I think that we in Westminster have a responsibility to get behind my right hon. Friend. Does he agree that his emerging statute will not just unpick and end this unpalatable cycle of vexatious behaviour, but help to create a strategic environment in Northern Ireland whereby truth, reconciliation and alternative forms of dispute resolution can flourish, for the benefit of future peace and stability?

[Brandon Lewis]

I thank my hon. Friend for his comments and the experience that he has shared with our Department over the last period. He has huge experience of serving in the armed forces and in Northern Ireland, and of the reality on the ground. Our intention is absolutely as he outlined. He is absolutely right that the focus has to be to find a way, ultimately, to ensure that families in Northern Ireland—those families who want it—can get to the truth and that, as a wider society in Northern Ireland, we can share and understand what happened and find a way to look forward to the future positively.

[Jim Shannon (Strangford) (DUP)]

I thank the Secretary of State for coming to the House to make his statement. Let me put on the record that the Democratic Unionist party does not support an amnesty for terrorist killers at all. Can the Secretary of State understand why legacy issues leave a bitter taste in the mouth of so many in the Province, who have seen hundreds of millions spent on inquiry after inquiry to ostensibly further the republican agenda to rewrite history to make their abhorrent atrocities seem acceptable? There can be no equivalence whatsoever between the soldier and the police officer who served our country, and those cowardly terrorists who hid behind masks and terrorised under the cover of darkness. We find, honestly, any such attempt at equivalence deeply offensive.

[Brandon Lewis]

I absolutely understand the point that the hon. Gentleman makes with clarity and passion, as I know he has done before. Obviously, as I said, the Belfast/Good Friday agreement and the sentencing Act that followed it created an equivalence legally, in the sense of how we deal legally with the troubles of the past, certainly in terms of sentencing. That is the reality we are dealing with.

That is why I make the point that there is absolutely no question that we would ever accept a moral equivalence between those who served their country, protected life and put themselves at risk—clearly, many suffered injury and loss of life as well, hence I agree that many of those who served are victims too—and those terrorists who put Northern Ireland through, as the hon. Member for Sheffield, Heeley (Louise Haigh) rightly outlined, a dark and dreadful period of the troubles that prevented it from moving forward in an economic way, which we are still seeing the fallout from today.

That is why, some 23 years on from the Belfast/Good Friday agreement, we need to be honest about the difficult reality of that, what it means and what we need to do to take that big step to look at how we free society—the young of today and tomorrow—to move forward in a positive way, but never forgetting the past and what happened.

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

I say to the Secretary of State more in sorrow than in anger that, after four years of promising to do something about this, after two general election manifestos, after endless promises at the Dispatch Box, not just from him but from the Prime Minister, and after he privately assured the veterans’ support group many weeks ago that we would see the Second Reading of a Bill by the summer recess, what do we have today? A consultation document.

The Secretary of State has promised to introduce legislation by the end of the autumn. That means First Reading by Christmas. It will undoubtedly be a controversial Bill, so we will be lucky to get it on to the statute book by next summer. That means that our veterans, many of whom are in the autumn of their lives and many are in ill health, will have to undergo the sword of Damocles for at least another year. I say to our procrastinating Secretary of State: you are the boy who cried wolf once too often. After four years, where is your Bill, Brandon?

[Brandon Lewis]

My right hon. Friend has highlighted the seriousness with which we are taking our engagement. He is quite right that, as I said in the statement, I would have liked to have brought legislation to the House before the summer recess. I committed back in January or February to update the House on where we were before the summer recess, which I am doing. I would have liked to have had a Bill’s Second Reading before the summer recess, but the reality is that the Irish Government have agreed to come into talks with us, which we agreed formally on 24 June. That is a very important and positive step. It is important that we work together on that with the parties in Northern Ireland and with wider civic society, victims’ groups and veterans’ groups as well. That we have put off taking forward legislation highlights our credentials in wanting to engage and find a way forward for people and with people in Northern Ireland.

I absolutely accept my right hon. Friend’s point about how long it is taking. He has shown dogged determination over a very long period to deliver for veterans in Northern Ireland as well as more widely. I am determined that we will end the cycle of investigations for veterans, which—he is right—has gone on for far too long. I have heard his quote about me a couple of times now, and I will have to take it on the chin until I can prove otherwise by bringing forward legislation that ensures that we can end the cycle of investigations that is treating our veterans unfairly and serving nobody. The system in Northern Ireland is not getting to the truth and not getting to information, and therefore it is not allowing that society to move forward and reconcile. All of that must come together as a package. We are determined to do that in partnership with people and to do that at speed.

[Ian Paisley (North Antrim) (DUP) [V]]

Is it the case that vexatious complaints are only half the story and that, as of today, if trials are proposed as the outcome of inquests or the Kenova investigation, they are now redundant? Will the Secretary of State confirm whether live cases against people such as Rita O’Hare, John Downey and Owen Carron will cease to exist? Will those people get off scot-free? What is the true outcome of the proposals?

[Brandon Lewis]

The hon. Gentleman has highlighted some of the challenges in how we deal with such issues and move forward in this difficult reality. As we work through some of the details in the weeks ahead, we will talk to victims’ groups, political parties and people such as him to take things on board to ensure that, when we do legislate, we can help Northern Ireland move forward and have everything dealt with in a genuinely holistic way so that if we say we will end the unfair cycle of investigations that is serving nobody, we can do so properly.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

Margaret Valente was just 30 years old when, in 1980, her husband was abducted by the Provisional IRA and held captive for three days before being murdered. Ten years later, her son-in-law was brutally murdered by the Ulster Volunteer Force. To this day, she has no idea whether there was a thorough investigation into either murder. How can the Secretary of State stand there and say that the response to this staggering failure of justice for Margaret and hundreds like her must be to close the book altogether and cruelly deny her any chance of finding the truth about what happened to her loved ones? Would Conservative Ministers be so insensitive about coming up with such ludicrous legislation if a member of their own family had been such a victim?

--- Later in debate ---

[Brandon Lewis]

The hon. Member for Slough (Mr Dhesi) has just demonstrated that he has paid no real attention to what we have been talking about, and is clearly not up to speed with what we have been discussing with parties, victims groups and veterans in relation to these proposals. I suggest that he has a look at the Command Paper, because quite the opposite is true. The very fact that those victims have not been able to get to the truth is the issue with which we need to deal, and it is why the information recovery part of this is so important. I suggest that the hon. Gentleman looks carefully at the Command Paper and also looks at what I said in my opening statement, which he should have done before standing up and making a comment that was so far from the truth that it almost did not bear answering.

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

Does my right hon. Friend accept that these proposals are practically identical to those presented by the Defence Committee in its report of April 2017? Does he accept that the time will never come when there will be agreement between all parties, and that it is up to the Government to decide what they are going to do and do it? Does he accept that the vexatious pursuit of soldiers cannot be stopped without a statute of limitations, and that a statute of limitations to conform with international law cannot be selective? Finally, does he accept that a truth recovery mechanism fulfils the requirement of international law for a proper inquiry, and that that is the only way in which people will be likely to reveal what happened—when they no longer have to fear prosecution, which would in any case almost certainly fail?

[Brandon Lewis]

My right hon. Friend has huge expertise and experience in these matters. The Select Committee report is indeed very clear, and goes into great detail about how this can work. My right hon. Friend is also absolutely right—which should surprise none of us—in his understanding of why the information recovery, truth and reconciliation part of this is so important. Not only is it the means for us to move Northern Ireland forward, but—here I return to what I said at the beginning of my statement—it is the means to ensure that what we do is compliant with human rights and article 2. To that end, we need to ensure that the information recovery mechanism is very clear, very focused and able to deliver, and, as we know from examples such as Operation Kenova, that can be done.

I thank my right hon. Friend for the expertise and advice that he has been able to provide, in the Committee’s report and subsequently. What he has said is absolutely right.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I will now suspend the House for a few minutes so that arrangements can be made for the next item of business.

Northern Ireland (Ministers, Elections and Petitions of Concern) Bill

Brandon Lewis Excerpts

2nd reading
Tuesday 22nd June 2021 Commons Chamber

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

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

If you will allow me, Madam Deputy Speaker, before I talk about the Bill I wish to congratulate our parliamentary colleague the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) on becoming the leader of his political party. I look forward to working with him in the period ahead. I also hope, as I am sure all colleagues do, that he has a very enjoyable week, not just with the introduction to becoming leader-elect of his party, but with the very big family event, a wedding, with which we all wish him well.

The United Kingdom is a family of nations and a Union of people. We share cultural, social and economic ties that bring us together, and make us more prosperous and secure. This Government believe in upholding the constitutional integrity of this great nation. Our Union is strongest when its institutions work well, work together and deliver real change on the issues that matter. In Northern Ireland, that means we need properly functioning institutions, both in Stormont and in Westminster.

[Sammy Wilson (East Antrim) (DUP)]

Will the Secretary of State give way?

[Brandon Lewis]

I will make a bit of progress, then I will give way to colleagues.

In this centenary year for Northern Ireland, today marks exactly 100 years since the opening of the first Northern Ireland Parliament, at Belfast city hall, by King George V and Queen Mary. This momentous occasion saw locally elected politicians for the first time, following the first Northern Ireland general election, so it is fitting that this Bill has its Second Reading today, of all days. The Bill will strengthen the democratic institutions of Northern Ireland and serve to build the people of Northern Ireland’s faith in their locally elected representatives in the Northern Ireland Assembly. As this House knows, the Northern Ireland Executive and Assembly were restored on 11 January 2020 when all five of Northern Ireland’s main political parties came together under the New Decade, New Approach agreement. I wish to pay tribute to my right hon. Friend the Member for Skipton and Ripon (Julian Smith) and the hon. Members for Foyle (Colum Eastwood) and for North Down (Stephen Farry) for their dedication and persistence, with others, in pursuing this deal, which was a great achievement after three years of impasse.

Prior to the restoration of the institutions, there had been no functioning Executive since January 2017. The absence of a devolved Government for such an extended period had a detrimental effect on the people of Northern Ireland. We saw the first strike in the 103-year history of the Royal College of Nursing over pay and staffing levels. There was ongoing action by teaching unions, and schools were not co-operating with the inspections in a dispute over teacher pay and workload. Essential infrastructure projects, including the York Street interchange and investment in waste water infrastructure, which was at capacity in many places across Northern Ireland, could not be progressed.

I think we can all agree that a pandemic with no Executive would have been unthinkable. I was pleased therefore to see the First Minister and Deputy First Minister nominated last Thursday, following this Government’s intensive engagement with the party leaders. However, the events of last week also highlight how important it is for everyone to deliver on their commitments under the New Decade, New Approach agreement. It is disappointing to see that a way forward has not yet been found to implement all of the parts in full, which is why the Government have, for example, promised to deliver the balanced culture package that was agreed in NDNA through Parliament if it has not been taken forward by the Northern Ireland Executive by the end of September. I wish to reiterate and be very clear that our strong preference and desire is for this to be delivered in the appropriate place by the devolved institutions.

[Sammy Wilson]

I am sure that people back home will be amazed at the honeyed words of the Secretary of State. He talks about the constitutional integrity of the United Kingdom and the importance of the devolved Administration and devolved institutions, and yet he has interfered, and has just announced that he is prepared to interfere once again, in the institutions in Northern Ireland in a way in which no Secretary of State would dare to do in Scotland or Wales. Does he not accept that, for the Unionist community, this continual interference in the institutions at Stormont at the behest of Sinn Féin is not an annoyance but something that enrages people?

[Brandon Lewis]

I have to say that I do not recognise the principle on which the right hon. Gentleman outlines his point. The reality is that the UK Government are the Government of the United Kingdom. The UK Government are a co-guarantor of and signatory to the New Decade, New Approach agreement, which the parties themselves negotiated and agreed. For example, the parties agreed between themselves the cultural package, which has had a lot of attention in the past week. We have a duty to ensure that, for all the people of Northern Ireland, these things are delivered in a way that is set out and agreed by the parties. I would much rather see that delivered by the institution itself. That is why we have given time and space for the institution to be able to move things forward. It is also right that, on a range of issues, including women’s healthcare, women in Northern Ireland have access to the same good-quality healthcare as women across the United Kingdom. I make no apologies for making sure that we the United Kingdom Government are representing people across the whole of the United Kingdom.

[Mr Mark Harper (Forest of Dean) (Con)]

I am grateful to the Secretary of State for giving way. He has referred to the position across the United Kingdom. Obviously, like him I am a strong Unionist, but there is one thing that I am concerned about. I heard this morning that the outgoing leader of the Democratic Unionist party, Mr Edwin Poots, has said in a number of media interviews that he has received assurances from the Secretary of State about changes to the Northern Ireland protocol. I know that that is now a story. Is the Secretary of State able to say anything to the House about whether that is true or not? Obviously, it will be of great interest to people not just across Northern Ireland but in constituencies such as mine, which have understandable problems with shipping goods across our United Kingdom.

[Brandon Lewis]

My right hon. Friend makes a very important point. There are two points. First, at the end of last week some of Edwin Poots’s colleagues commented about an announcement. Actually, the announcement was not really an announcement; it just confirmed that we had requested from the European Union an extension to the grace period, particularly for chilled meats from 1 July. I said on the Floor of this House last week, and I am very happy to reconfirm it today, that, as the Prime Minister himself has outlined, we do have issues with the Northern Ireland protocol. Like others across this House, my right hon. Friend the Member for Forest of Dean (Mr Harper) has, quite rightly, outlined an example of those challenges for consumers and businesses in Northern Ireland. We are not going to allow that to continue. We want to get this corrected so that consumers and businesses in Northern Ireland can continue to function as a full and integral part of the United Kingdom.

As I said at this Dispatch Box just last Wednesday, and as the Prime Minister has said both publicly and at the Dispatch Box, we will do what we need to do to make sure that we deliver for the people of Northern Ireland, and we will take nothing off the table in that regard. Obviously, we will wait to hear from the EU, and we want to work this through with it with regard to the request we made last week.

The Northern Ireland (Ministers, Elections and Petitions of Concern) Bill will deliver elements of the New Decade, New Approach deal relating to the governance of the Executive and within the competence of this House. That includes reforms to sustainability of institutions, updating the ministerial code of conduct and reforming the petition of concern mechanism. The UK Government and this Parliament have a duty to ensure good and functional governance in Northern Ireland. Today, through this Bill, we discharge that duty by bringing forward measures that will help continue to enhance the public’s confidence in the Northern Ireland institutions through increased transparency and improved governance arrangements. Those measures will ensure that the institutions will be more sustainable, more resilient and for the benefit of the people of Northern Ireland.

Let me turn briefly to the contents of the Bill. In short, we are legislating, first, to provide up to four six-week periods for the appointing of new Northern Ireland Ministers, including the First Minister and Deputy First Minister, after an election; secondly, to provide up to four six-week periods for the appointing of a First Minister and Deputy First Minister after they cease to hold office—for instance, in the case of one of them resigning; thirdly, to provide, if the First Minister and Deputy First Minister cease to hold office, that other Northern Ireland Ministers remain in office for a maximum period of 48 weeks after the First Minister and Deputy First Minister ceased to hold office, or for 24 weeks following any subsequent election, whichever is the shortest, unless the Secretary of State triggers the sufficient representation provisions.

The Bill will implement reforms to the petition of concern mechanism in the Assembly, including a new 14-day consideration period before a valid petition can be confirmed; it will require petitioners to come from more than one Northern Ireland political party; prevent the mechanism from being used for matters that concern the conduct of a Member and for Second Reading votes on a Bill; and it will update the code of conduct for Northern Ireland Ministers in accordance with a request from the Northern Ireland Executive and in line with the New Decade, New Approach transparency and accountability recommendations.

[Mr Harper]

The Secretary of State has rightly set out the scope of the Bill. May I press him on another matter that was referred to in the New Decade, New Approach agreement? He knows that the prosecutions of soldiers as part of the legacy of the troubles in Northern Ireland is of great concern. I shall not press him on the content of the legislation, because I know that work is under way, but may I press him a little on the timing? Many Members are eager for that work to proceed at pace so that we can resolve these issues, and many are keen for that to happen before the House rises for the summer. Is the Secretary of State able to give the House any indication today of the Government’s latest thinking on when they may be able to bring that legislation—if, indeed, it is separate legislation—before the House?

[Brandon Lewis]

My right hon. Friend asks a fair question—that is part of New Decade, New Approach, so it is a fair point. I outlined, I think in February or March this year, my ambition to bring something before the House before the summer recess; I still have that ambition, but I should also say clearly that we are determined to do what we have always said we would do, which is to engage with our partners—not only the Irish Government but the parties in Northern Ireland and victims’ groups, because whatever we bring forward has to have victims absolutely at its heart. We have to deal with information recovery and truth and reconciliation, because whatever we bring forward has to work properly for the people of Northern Ireland, so it is right that we take the time to do that properly and methodically, which I am looking forward to doing. We will do that and we are still absolutely committed to ensuring that we deliver on our manifesto pledge to the veterans community. I will touch on that a little more in a few moments.

[Colum Eastwood (Foyle) (SDLP)]

Will the Secretary of State explain very carefully for some people in this House who do not seem to understand that, if an amnesty is given to anybody—for example, if an amnesty is given to soldiers who maybe committed murder on the streets of Derry, Belfast or anywhere else—an amnesty would have to be given to everyone, including IRA members, Ulster Volunteer Force members and Ulster Defence Association members?

[Brandon Lewis]

As I said before, we want to ensure that we put forward a package that works for all of Northern Ireland and genuinely allows it a chance to move forward. One thing that we have heard consistently from civic society is a desire to move forward. The hon. Gentleman is absolutely right to say that whatever we do has to be balanced across the whole community. As I say, I will come back to that in separate legislation in due course—we are not dealing with legacy legislation today.

[Sammy Wilson]

Just so that no one is misled by the previous intervention, will the Secretary of State confirm that no one has sought an amnesty for soldiers? All that has been asked for is that soldiers who have already had cases investigated—some up to three times—should not be trailed through the courts again for political reasons by those who are attempting to rewrite the history of the troubles.

[Brandon Lewis]

As I say, we are not dealing with legacy today, so I will resist the urge to go too much into that, but I will say that the right hon. Gentleman is correct in the sense that we have been clear that we are committed to ending the cycle of re-investigations. We also have to accept that, as we have all seen recently, the current situation is not serving anybody. It cannot be right that, as we saw in the Ballymurphy case, it has taken 50 years for people to get information. Equally, it is inappropriate and wrong to see people go through a cycle of investigations. We have committed to end that and we will do that.

Let me turn to the specifics of the Bill before the House. Clause 1 amends the Northern Ireland Act 1998 to extend the period of time available to appoint a First Minister and Deputy First Minister after the resignation of either or after the first meeting of the Assembly following an Assembly election. Currently, the period for ministerial appointments is only 14 days from the first meeting of the Assembly after an election, and seven days after the First Minister or Deputy First Minister ceases to hold office. The Bill will extend the period for filling ministerial offices to a six-week period that is automatically renewed—unless the Assembly resolves otherwise on a cross-community basis—for a maximum of three times, up to a total of 24 weeks.

[Stephen Farry (North Down) (Alliance)]

It will not have lost anyone’s attention that we are discussing the extension of the sustainability mechanisms at a time when there is huge instability in the Assembly, when we have had First Minister resignations and changes and multiple seven-day cliff edges potentially emerging. Can the Secretary of State take this opportunity to stress that all parties in Northern Ireland should act responsibly in relation to the institutions, not make any threats to collapse them, and should work to deliver on the core issues of health, education and jobs, on which people urgently need action over the coming months?

[Brandon Lewis]

The hon. Gentleman is absolutely right. Our focus, for all of us, as I have outlined over the last week or two, should be on making sure that we have stable institutions that can deliver on issues such as health, education and infrastructure, among other things, for the people of Northern Ireland. That is what I believe the people of Northern Ireland want to see, and it is why I was so pleased that, to be fair, the parties in Northern Ireland were able to resolve this issue within three days and have stability, with a First Minister and Deputy First Minister having been nominated.

By extending those periods, the Bill will allow more time for discussions between the parties and for the Secretary of State to facilitate a resolution before they come under an election duty. It also allows for Northern Ireland Ministers to remain in post after an election until the end of the period for appointing new Ministers. That change will again allow for greater continuity in decision making.

Under clause 2, Ministers will no longer cease to hold office after the election of a new Assembly. It provides for up to a maximum of 24 weeks after an election or a maximum of 48 weeks since a functioning Executive was in place—whichever is the shorter—in which Ministers may continue to hold office, subject to those offices otherwise being filled or if a Minister is not returned as a Member of the Assembly. The measure will ensure that institutions become more sustainable and more resilient. Currently, the Secretary of State is required to propose a date for an Assembly election where the Assembly resolves to dissolve itself, or where the period for appointing Northern Ireland Ministers or a First Minister and Deputy First Minister expires without those offices being filled.

Clause 3 allows the Secretary of State to certify or call an Assembly election at any point after the first six weeks in the period for filling ministerial offices if the Secretary of State considers that there is not sufficient representation among Ministers to secure cross-community confidence in the Assembly.

Clause 4 substitutes a revised ministerial code of conduct that sets out expectations for the behaviour of Ministers, including provisions around the treatment of the Northern Ireland civil service, public appointments and the use of official resources and information management. Those updates are in the reserved or excepted space and are unable to be progressed through the Assembly. The UK Government are bringing those changes forward at the request of the then First Minister and Deputy First Minister on the agreement of the Executive.

Clause 5 reforms the petition of concern mechanism to reduce its use and to return it to its intended purpose as set out under the Belfast/Good Friday agreement—a safeguard to ensure that all sections of the community can participate and work together successfully in the operation of the Northern Ireland institutions and are protected when the Assembly legislates, and to prevent one party from blocking measures or business. The mechanism, which was given effect in the Northern Ireland Act 1998, allows MLAs to lodge a petition against a matter that the Assembly is voting in, providing that they can gather at least 30 signatures.

A successful petition means that the relevant matter is to be passed on a cross-community basis rather than on a simple majority basis. The Bill will require the petitions to be signed and confirmed 14 days later by at least 30 MLAs from two or more political parties, which will prevent one party from being able to block measures or business that would otherwise have cross-community consensus. These specific changes and commitments from the Northern Ireland parties aim to reduce the use of the mechanism to the most exceptional circumstances and as a last resort only, having exhausted every other available mechanism.

The Government are bringing forward those changes through Westminster legislation as they are excepted matters. Separate legislation seeking to make provision for legacy commitments made in the New Decade, New Approach deal—to go back to the comment made absolutely correctly by my right hon. Friend the Member for Forest of Dean—will be introduced separately. This Bill will implement aspects of the New Decade, New Approach deal, which the parties agreed to in January 2020. The provisions in the Bill seek to reform the sustainability of the institutions, update the ministerial code of conduct and reform the petition of concern mechanism.

We will always be steadfast in maintaining the importance of Northern Ireland’s place within the United Kingdom. We are working closely with the Northern Ireland Executive and the Irish Government to progress the delivery of all the commitments in the New Decade, New Approach deal.

By introducing this Bill now, we are delivering on those promises, but it is ultimately up to the parties to come together. Both the Irish Government and the UK Government will continue to stand together and stand ready to support them, as we did in bringing about the package of measures under New Decade, New Approach. Until then, the Bill is a reminder that the UK Government will always uphold our responsibilities for political stability and good governance in Northern Ireland. I commend it to the House.

Northern Ireland: New Decade, New Approach Agreement

Brandon Lewis Excerpts

Monday 21st June 2021 Written Statements

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

The Government are committed to the delivery of the New Decade, New Approach agreement in full. It was the basis upon which the Belfast (Good Friday) Agreement institutions were restored. Full implementation of New Decade, New Approach remains important to the ongoing stability of those institutions. Recognising Northern Ireland’s rich diversity of identities and languages, it is essential that the balanced cultural package the parties agreed to is implemented in full.

If the Executive have not progressed the legislation for the identity, language and culture package in the New Decade, New Approach agreement by the end of September, the UK Government will take the legislation through the UK Parliament. The New Decade, New Approach agreement was endorsed by the UK Parliament, and we will introduce the legislation that delivers on these commitments in October 2021, if necessary. This will provide for the creation of an Office for Identity and Cultural Expression, an Ulster Scots Commissioner, and an Irish language Commissioner.

[HCWS105]

Ballymurphy Inquest Findings

Brandon Lewis Excerpts

Thursday 13th May 2021 Commons Chamber

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

With permission, Mr Speaker, I would like to make a statement on the findings of the Ballymurphy inquest. I want to put on the record the Government’s acknowledgment of the terrible hurt that has been caused to the families of Francis Quinn, Father Hugh Mullan, Noel Phillips, Joan Connolly, Daniel Teggart, Joseph Murphy, Edward Doherty, John Laverty, Joseph Corr and John McKerr.

I also want to pay tribute to the great patience with which the families have conducted themselves during their determined campaign, which has lasted almost 50 years. The Prime Minister is writing personally to the families, having yesterday expressed his deep regret to the First Minister and Deputy First Minister of Northern Ireland and apologised unreservedly on behalf of the state.

The findings of the coroner are clear: those who died were entirely innocent of wrongdoing. The events at Ballymurphy should never have happened. The families of those who were killed should never have had to experience the grief and trauma of that loss. They should not have had to wait nearly five decades for the judgment this week, nor should they have been compelled to relive that terrible time in August 1971 again and again in their long and distressing quest for truth.

Over the course of the troubles, more than 3,500 people were killed, and tens of thousands injured, with families torn apart forever. The majority of those killed were innocent civilians, such as those on the streets of Ballymurphy.

The vast majority of those who served in Northern Ireland did so with great dignity and professionalism, but it is clear that in some cases the security forces and the Army made terrible errors too. The duty of the state is to hold itself to the highest standards at all times. When we fail to meet these high standards, we must recognise the hurt and agony caused.

There is no doubt that what happened in Ballymurphy in those awful few days also fuelled further violence and escalation, particularly in the early years of the troubles. The Government profoundly regret and are truly sorry for these events, for how investigations after these terrible events were handled, and for the additional pain that the families have had to endure in their fight to clear the names of their loved ones since they began their campaign almost five decades ago.

In order to make lasting change, actions are required as well. The Belfast Good Friday agreement was the defining action that allowed Northern Ireland to begin to move away from violence, but the events of the past continue to cast a long shadow, as we have seen. Those who were killed or injured during the troubles came from all communities, and they included many members of the security forces and armed forces. Immense and difficult compromises have since been made on all sides, including the early release of prisoners, which was so difficult for many people to accept.

To a very large extent, Northern Ireland has moved away from violence, so we stand by those compromises and the progress made towards a more peaceful society. Yet the desire of the families of victims to know the truth about what happened to their loved ones is strong, legitimate and right. The campaign for justice in Ballymurphy has reminded us all of that—if we needed to be reminded at all.

Twenty-three years after the signing of the Belfast Good Friday agreement, thousands of murders remain unresolved and many families still yearn for answers. With each passing year, the integrity of evidence and the prospects of prosecution diminish, and the Government are not shrinking away from those challenges. We are determined to address them in a way that reflects the time that has passed, the complexity of Northern Ireland’s troubled history and the reality of the compromises that have already been made. But above all, we are determined to address them in a way that enables victims and survivors to get to the truth that they deserve. We must never ignore or dismiss the past; learning what we can, we must find a way to move beyond it. The coroner’s findings this week are part of that often very painful process.

The Government want to deliver a way forward in addressing the legacy of the past in Northern Ireland; one that will allow all individuals or families who want information to seek and receive answers about what happened during the troubles, with far less delay and distress. We want a path forward that will also pave the way for wider societal reconciliation for all communities, allowing all the people of Northern Ireland to focus on building a shared, stable, peaceful and prosperous future. I commend this statement to the House.

[Louise Haigh (Sheffield, Heeley) (Lab)]

I thank the Secretary of State for advance sight of his statement.

As the Secretary of State has outlined, in five separate shootings across three days in August 1971 in the Ballymurphy estate in west Belfast, 10 innocent civilians were short dead, nine by the armed forces, with evidence unable conclusively to determine in the tenth case. Among them were a priest, a mother of eight and a former soldier who had fought and was injured in world war two. Fifty-seven children were left without a parent—their lives for ever changed. Yet the trauma of the murders was undoubtedly compounded by what followed: families prevented from finding comfort by lies told about their loved ones that have haunted them down the decades, and a fight for the truth hampered by entirely inadequate investigations and wholly unjustifiable obstacles. Who cannot be struck by the dignity and tenacity of those families who, in the face of those obstacles, have fought for the truth and finally, this week, have been vindicated?

The conclusions of Justice Keegan are clear and irrefutable: those who lost their lives were posing no threat; their deaths were without justification. They were Francis Quinn, Father Hugh Mullan, Noel Phillips, Joan Connolly, Daniel Teggart, Joseph Murphy, Eddie Doherty, John Laverty, Joseph Corr and John McKerr. An eleventh man, Paddy McCarthy, a youth worker, died from a heart attack. That families have had to wait for so long to clear their name is a profound failure of justice and one we must learn from, because, as the Secretary of State said, many more families are still fighting for answers. They include Cathy McCann, who in 1990 was the sole survivor of a Provisional IRA bomb in Armagh in which a nun and three policemen were killed. Twenty-one years earlier, her father had been killed by the auxiliary police force, the B Specials.

This ongoing failure to find the truth is an open wound that ties Northern Ireland perpetually to the past. Burying the truth and refusing to prosecute or investigate crimes has not worked in the 23 years since the signing of the Belfast Good Friday agreement, so how can anyone in this House look victims like Cathy in the eye and tell her she must move on? The Government gave victims such as Cathy McCann their word. Through the Stormont House agreement, they promised to establish a comprehensive system to look at all outstanding legacy cases through effective investigations and a process that would, where possible, deliver the truth and the prospect of justice. Yet last Wednesday night, victims found out on Twitter that the Government intend to tear up that plan and provide an effective amnesty to those who took lives. The statement today brings us no closer to understanding the Government’s policy to deal with the legacy of the past.

The lessons of the past are clear: addressing the legacy through the unilateral imposition of an amnesty from Westminster, without the faintest hint of consultation with victims or the support of communities or any political party in Northern Ireland or the Irish Government, would be impossible to deliver. It would make reconciliation harder, and it would not achieve what the Government claim they want. Any process that remains open to legal challenge will invite test cases and bring more veterans back through the courts.

I will finish with a comment on the Prime Minister’s actions—or lack of them—over the past two days. In the aftermath of the Bloody Sunday inquiry, David Cameron came to this House and apologised in a statement. He did not brief apologies from disputed calls with politicians. He took full responsibility. Where is the Prime Minister today, and why has he not publicly apologised to the Ballymurphy families and to this House? Will he take responsibility as Prime Minister and show the victims the respect they so obviously deserve? Victims like those who lost loved ones at Ballymurphy have been let down for far too long. Ministers should bear in mind the words of one victim I spoke with yesterday, as they worked through the next steps of legacy:

“I just want to know what happened. I want to know my dad’s life meant something. I just want the truth.”

[Brandon Lewis]

The hon. Lady and I are overwhelmingly united in our thoughts for the Ballymurphy families and for all families who have suffered so much, and so unnecessarily, during and since the troubles. I believe we are also united in our determination to do what we can to put a stop to this suffering and to ensure that people get the information and get to the truth.

My apology and the Prime Minister’s apology yesterday to the Ballymurphy families cannot change what they have endured, but I can promise that it will be followed by action to prevent others from all communities who have lost loved ones or been injured, whether civilians, paramilitaries or soldiers, from continuing to go through the same lengthy and traumatic experiences that have taken too long to get to the truth. Our approach will have at its heart a clear focus on doing what is right: what is right for all those who have been directly affected by Ballymurphy and the many other terrible events and incidents of the troubles; and also what is right for wider Northern Ireland society, including the new generation—a younger generation—who did not live through the troubles. We need to ensure that we are not leaving this for them to deal with. This generation must be looking to the future while always understanding and being aware of the past, with its tragedies as well as its opportunities.

The Government will not baulk from those challenges. The challenges involved in confronting the past are complex and sensitive, and we appreciate that. We recognise that we will not baulk from confronting the past, including our own state actions. That is necessary to ensure that we do get answers for individuals, but also as a critical step towards the reconciliation we all want to see continue and deliver in Northern Ireland for its shared and prosperous future.

[Simon Hoare (North Dorset) (Con) [V]]

This is clearly a tremendously emotional moment. I thank the Secretary of State for prior notice of his statement and for its tone and its contents. For many, the events of which we are speaking happened a lifetime ago, but for the victims’ families and their communities they happened yesterday and every day since they occurred. It was clearly an abuse of security power. The Government are right to apologise and to make that loud and well known, because these events are as painful today as they were on the day they happened.

As my right hon. Friend tries to resolve the legacy of the troubles, focusing, as I know he will, on truth and reconciliation, will he assure me that he will do so with the emotional sensitivity he has demonstrated today, with compassion and understanding, and with a view to build a cross-community coalition as we help Northern Ireland to turn the page to a better present and future as we resolve the issues of the past?

[Brandon Lewis]

My hon. Friend the Chair of the Northern Ireland Affairs Committee makes a really important point. He is absolutely right. In looking at how we move forward, we have to work, and I am determined that we will work, to do everything we can with our partners not just in Irish Government but across the parties, victims’ groups and civic society in Northern Ireland to ensure reconciliation and for an opportunity to recognise the accountability of the fact that Northern Ireland has suffered for far too long from the traumas of the past. Working together, I am sure that we can find a way to help Northern Ireland move forward and ensure that Northern Ireland can deliver on the phenomenal opportunities, expertise and excitement that is there to deliver for people and have that shared prosperous and stable society.

[Richard Thomson (Gordon) (SNP)]

I thank the Secretary of State for advance sight of his statement. The pain that the loved ones of the victims of the Ballymurphy killings have gone through over the past half century is unimaginable. I pay tribute to their courage, their fortitude, their dignity and their unswerving determination to seek the truth—however difficult that was—about how their loved ones died. The First Minister of Northern Ireland, Arlene Foster, put it extremely well when she said:

“Lots of lessons to be learned. Grief is grief. Justice must be blind. Too many empty chairs across NI and unanswered questions.”

The path to truth, justice and reconciliation, as we know, is an imperfect one. While the past cannot be changed, its truth can be acknowledged and reconciliations made easier. In that vein, the Prime Minister should come to the House to offer that apology in person on behalf of the citizens in whose names these actions were taken, and apologise not only for the length of time it has taken to bring truth to the families but for the unjustified and unjustifiable deaths of their entirely innocent loved ones. Does the Secretary of State agree more generally that justice delayed is justice denied and that the best interests of truth, reconciliation and the wider public interest are not best served by seeking to put a time bar on the pursuit of justice?

[Brandon Lewis]

As I have already said, both I and the Prime Minister have apologised, actually, and the Prime Minister, as I said in my statement, is writing directly to the families as well. As I said, no apology can make up for the loss and the pain that the families have been through. I share the hon. Gentleman’s sentiments and appreciate the tone that he has used. We are in full agreement. My view is that we need to get to the truth and we need to allow the families of the victims who want that information—the knowledge of what happened —to able to get to it much, much quicker. That is certainly something I am focused on. He is also quite right that this is not about having time bars on anything but having a process that means that the families do not have to wait decades to get to the bottom of what happened—to understand the truth of what happened.

[Julian Smith (Skipton and Ripon) (Con)]

I welcome the Government’s apology today. This tragic case lays bare again the horrors of the troubles for victims and families from all parts of Northern Ireland. I am concerned that when I and the Government signed the New Decade, New Approach agreement over a year ago we committed to intensive discussions with victims’ groups, but for a variety of reasons that has not happened. Will the Secretary of State commit today to undertaking comprehensive discussions with victims’ groups and victims directly, and give us a timeline for that? Will he also confirm that he will not bring legislation back to this House until that engagement has happened and victims and families have been able to shape and be part of what the Government are proposing to resolve the issues of legacy?

[Brandon Lewis]

I thank my right hon. Friend for his question. Obviously we understand that the legacy issues are complex, as he knows well; that is why they remain unresolved for so many decades. As I have been clear before, the principles of Stormont House are strong, powerful principles that we all want to see delivered on. We want to work together to find a way to be able to put them into practice and deliver them in a way that means that families are not waiting decades, as sadly the Ballymurphy families have had to do, to get to the bottom of the truth and understand of what has happened. We have been engaging across civic society with victims’ groups and representatives, as well as the Irish Government. We will be looking to engage very directly and very deeply over the period ahead to see if we can find a way for everybody to come together to find a way forward that can deliver on that promise and deliver on ensuring that we get to the bottom of information in an efficient way that works for the victims and for the families, and that can help Northern Ireland to move forward with reconciliation in a positive way.

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab) [V]]

I am sure that the entire House would like to join me in offering our heartfelt condolences to the bereaved families of Ballymurphy. But we also want to congratulate them and their community on the fortitude and resilience they have shown over decades in their pursuit of truth, and to congratulate their legal teams, who have not always been treated with the respect and decency they deserve. I am glad to hear that the Prime Minister is writing to the families personally, because the families do deserve a personal apology. The Secretary of State will be aware that these events are widely known in Ireland and internationally as the Ballymurphy massacre. That seems an accurate description to many of us, as we are talking about the murder of unarmed civilians over the course of three days, and, as the House knows, the coroner has found that they were all innocent, they were all unarmed, and their killings were without justification. We are still awaiting official admission of many other deaths in former colonies, including Kenya. It is good to hear the truth about these events after all these decades, but sadly some of the relatives will have passed away. May I ask the Secretary of State: is anyone ever to be prosecuted for these crimes?

[Brandon Lewis]

I think the outline of the right hon. Lady’s question goes to the core point that a number of Members and I have already made: that Ballymurphy is a clear, tragic example of how it has taken far too long to get information for those families. We need to find a process that ensures that families can get information much more quickly, while people are still with us as well, as she outlined. As regards prosecutions, that is a matter for the Public Prosecution Service for Northern Ireland, and we have seen the outcome of some prosecutions it had just the other week. It is not a matter for the Government but for the independent prosecution service.

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

I pay tribute to the Secretary of State for the tone he struck in his statement. These families have endured an exceptionally long campaign in their search for answers. Does my right hon. Friend agree that this shows that the current system to deal with the legacy of the troubles on all sides in Northern Ireland has failed and that the drawn-out, expensive court proceedings for veterans, victims and families are flawed and need to be reviewed?

[Brandon Lewis]

My right hon. Friend makes an important point. As we have seen, tragically, in the recent past as well as this week, the current system has simply not been working for anybody. It is failing to bring satisfactory, speedy or timely outcomes for families, leaving Northern Ireland with unanswered questions for families within it. That leaves society hamstrung, effectively, by its past. That is why, as a Government, we are committed to finding a way forward that will allow individuals and families who want information to seek and receive those answers about what happened during the troubles with far less delay and distress. We have a duty to the victims and the families in Northern Ireland as a whole to deliver on that.

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

The Ballymurphy families have waited for 50 years to get even this limited form of closure. To compound matters, one of the victims also had a young teenage son brutally murdered by the IRA just two years afterwards. Will the Secretary of State ensure that, whether it is the families of innocent victims in Ballymurphy or shortly afterwards—for example, the Claudy bomb carried out by the IRA in 1972 in my constituency, about which they have received no closure, no justice and no apology—they do not suffer the ignominy of hearing about an amnesty in the next few months?

[Brandon Lewis]

The hon. Gentleman highlights the complexity and sensitivity of the issues and reinforces the point that it has been far too long for people to have to wait to get to the bottom of the truth. Part of reconciliation is the ability to understand what happened—that is hugely important—but it is also about accountability. That is why it is important that the state takes accountability, as we are doing, for what happened in the Ballymurphy case. Others should do the same, where there is relevance for them and actions were taken by them. It is important that we get to the heart of what happened, so that people can have that understanding, accountability and truth.

[Mr Tobias Ellwood (Bournemouth East) (Con)]

I declare an interest, as one of a number of Members of Parliament who served in Northern Ireland prior to the Good Friday agreement. I very much welcome the statement and the apology today. We owe a huge debt of gratitude to our armed forces, whom we place in harm’s way, where they face incredibly difficult circumstances, often at great personal risk. The majority of service personnel follow the law of armed conflict, but if standards ever fall, they must be swiftly and fairly investigated.

I welcome the Government’s fresh approach to securing lasting change by fairly drawing a line under the pre-Good Friday troubles. There is a real danger of fuelling current tensions and potentially creating new victims because we have not reconciled past events. Does my right hon. Friend agree that the Good Friday agreement proved that the troubles require a political, not military, solution, but it hesitated in mopping up a series of difficult, unresolved incidents, for which those on all sides still seek closure? Will he consider introducing a wider statute of limitations, along with a truth recovery mechanism that applies not just to veterans but on all sides, so that Northern Ireland can finally draw a line and look forwards, not backwards?

[Brandon Lewis]

My right hon. Friend makes a really important point about the complexity of the issues and the dreadful range of situations in the troubles, with a number of unresolved injuries, murders and deaths. We need to get to the bottom of that. He is also right that we need to find a way forward that can be delivered on and that works for families. The current situation is simply not working for anybody. It is not working for Northern Ireland, and it is not delivering in a timely fashion and getting to the heart of the truth for families.

It is right that we respect our commitments to our veterans as well. As I said in my statement, obviously the vast majority acted with honour and probity throughout the troubles, but we must have a system that gets to the heart of things. We are open to looking at a wide range of options. I have made commitments to the House about bringing forward legislation, which I still have the ambition to deliver on, but we want to do that by working with our partners across Northern Ireland and with the Irish Government to find a solution that will work, cause stability and have sustainability.

[Colum Eastwood (Foyle) (SDLP)]

The Secretary of State says that the British Army made terrible errors in Northern Ireland. Joan Connolly was a mother of eight. She was shot four times by the British Army and was left lying on the ground for hours to die. That is not an error; that is sheer bloody murder. Will the Secretary of State ask the Prime Minister to come out of hiding, come with me to meet the Ballymurphy families and tell them to their faces why he wants to protect their killers?

[Brandon Lewis]

As I have outlined already today, the Prime Minister is contacting the families directly. There is his public apology on behalf of the state and he has had conversations with the First Minister and Deputy First Minister, in which I joined him yesterday. Obviously, Members and colleagues will be aware that the report was published on Tuesday, which was the first full sight we had of it. We received it on Tuesday, and we put out a statement on the same day. Having had an opportunity for us to reflect on that report, I am now making a statement to the House of Commons. But, obviously, we will be considering it in more detail in the period ahead in order to ensure that we are able to reflect properly on it. As I said in my statement, it is right that we take accountability for the actions that were unacceptable, as the coroner’s court highlighted, but also that we are taking the time and opportunity to make sure we learn from the experiences of the past and also, coming back to the question from my right hon. Friend the Member for Skipton and Ripon (Julian Smith) a few moments ago, take account of what we have learned since 2014 about how we can move forward in a more efficient and effective manner that delivers for families and victims so that we get to the truth.

[Bob Stewart (Beckenham) (Con)]

I served in Northern Ireland from the early 1970s onwards. I did not serve in Ballymurphy but all I can say is that those of us who were serving in Northern Ireland when incidents such as Ballymurphy and Bloody Sunday were happening—and the vast majority of the Army—were in deep shock about what happened. It did not reflect what we felt; we were in deep shock. In order to try to help the families, if they so wish it, may I ask my right hon. Friend that a full and frank report about what happened to their loved ones be sent to them in each individual case—if, of course, they wish to receive it?

[Brandon Lewis]

My right hon. Friend makes a really important point. Again, it goes to the heart of making sure that people have the information. My understanding, but I will confirm it, is that the coroner’s report does give details of the individual deaths, and that obviously will be fed back to the families, who have been waiting, as I say, for far too long. However, I will write to my right hon. Friend to confirm that point.

[Stephen Farry (North Down) (Alliance) [V]]

I want to focus on the courage and dignity of the Ballymurphy families and their long fight for justice, rather than the wider legacy issue, except to say that the Government’s plans do not have the support of the Ballymurphy families, other victims groups, political parties in Northern Ireland and, indeed, many veterans themselves. Can I ask the Secretary of State to confirm the scope of this apology? Specifically, does it also include how the British Army libelled many of the victims by calling them IRA gunmen, and also how the Ministry of Defence and indeed some individual soldiers frustrated the process of justice over many years?

[Brandon Lewis]

Yes. I would say to the hon. Gentleman that, as I said in my opening statement actually, the apology is for not just the dreadful incident—the tragedy that we saw at Ballymurphy in 1971—but the period since and what those families and the victims have had to go through. Absolutely.

[Felicity Buchan (Kensington) (Con)]

I welcome the statement and the apology, and I commend the coroner for coming to a definitive decision in the inquest. Does my right hon. Friend agree that we need to acknowledge the hurt and pain felt by all sides of the community, and that we need a spirit of reconciliation so that we can move on in Northern Ireland?

[Brandon Lewis]

My hon. Friend is absolutely right, and I repeat what I said in my statement: we must never forget. As I said, “We must never dismiss or ignore the past”, but we must learn from it—we must find a way to move forward.

Going to the heart of what my hon. Friend said, my experience of dealing with and talking to people across Northern Ireland—across the whole community of Northern Ireland in civic society—shows that there is a determined desire to have proper reconciliation, stability and sustainability. There is a determination to have a Northern Ireland that is a prosperous and an exciting place to live and work, which it is, so that we can all continue to be proud of it and continue to live with the amazing success we have seen there since the delivery of what was, at the time, a very difficult series of decisions that led to the Good Friday agreement.

[Tony Lloyd (Rochdale) (Lab) [V]]

The Secretary of State is right to recognise that reconciliation depends on the truth, but the problem with the whole horrendous saga around the murders at Ballymurphy is that a cloud of corruption has hung over it now for nearly five decades. What the Secretary of State describes as serious errors was murder by agents of our state covered up by our state, and we must now recognise the damage that has done. So will the Secretary of State commit to making sure that every effort will now be made to reveal what happened not simply at the time but in the years since to cover this up? That must include access to the records of the security services, because, frankly, if he will not give that commitment, he will be letting down the Ballymurphy families.

[Brandon Lewis]

As I have said, the Ballymurphy families have waited for far too long, through successive Governments and over too many decades, to get an understanding of what actually happened. We need to find a way forward that can make sure that families such as the Ballymurphy families are able to get that information—that understanding, recognition and truth—much more quickly. That will mean ensuring that they have access to all the information that is available both across Northern Ireland and from the British and UK state.

[Suzanne Webb (Stourbridge) (Con) [V]]

I welcome the Government’s commitment in the Queen’s Speech to bring forward measures that will address the legacy of the troubles—troubles I remember all too well. Can my right hon. Friend confirm that these measures will be focused on getting answers for victims and their loved ones in a way that allows Northern Ireland to heal and come together, rather than further deepening divisions?

[Brandon Lewis]

My hon. Friend makes a very important point about the ability to heal and the ability to look forward while always being accountable for and recognising and understanding our past. I can confirm that I am absolutely committed to working to find a way forward that will provide certainty for those who have been directly affected by the events of the troubles and deliver wider reconciliation for Northern Ireland, recognising that Northern Ireland itself suffered during the troubles.

[Conor McGinn (St Helens North) (Lab)]

I welcome the Secretary of State’s apology, but, although I mean no disrespect to him, I do feel that something of such gravity really does require the Prime Minister to apologise directly, not by proxy, to the families of those killed, and I hope that he will urge that.

The findings of the inquest into the Ballymurphy killings clearly show that the state was not an observer, but was a participant in the troubles. Does that not surely mean that the Government cannot unilaterally impose a plan to address that conflict legacy, and will he now return to what he previously agreed and ensure that, in dealing with the past, we put victims and their loved ones first?

[Brandon Lewis]

If the hon. Gentleman looks back to my opening statement, he will see that the Prime Minister is and has been apologising directly to the families as well as more publicly and widely, so I will just correct him on that point. More widely, we have got to find a way to ensure that we have a system that works and delivers for people. The Stormont House agreement has been referred to, but the reality is that that was in 2014. We have learned things since then; there has been consultation since then, and it is right that the Government take that into account and we take forward the Stormont House principles in a way that can be delivered and can work for families and for Northern Ireland.

[Jonathan Gullis (Stoke-on-Trent North) (Con)]

I welcome my right hon Friend’s statement and the fact that the Ballymurphy families have finally been served their long overdue justice. However, I also wish to urge my right hon. Friend to outline as soon as he can a timeline for when we can bring forward the new measures in this parliamentary Session that will deliver answers for all those affected by the legacy of the troubles and put an end to the cycle of investigations and prosecutions, allowing Northern Ireland to move forward with a brighter future.

[Brandon Lewis]

As set out in the Queen’s Speech, we will bring forward legislation in this Session to address the legacy of the past in Northern Ireland. I am committed to bringing forward legislation that focuses on reconciliation, and if we get that right, it will deliver for victims, for veterans and for all the people of Northern Ireland. That is the work we will be doing in the period ahead.

[Carol Monaghan (Glasgow North West) (SNP) [V]]

The humility of Tory Members today is to be welcomed, but three years ago in a Westminster Hall debate, I was shouted down by some of the same Tory Members when I mentioned the actions of the Parachute Regiment in Ballymurphy. Members will of course take their lead from the Prime Minister, and it is disappointing that he is not making the statement here today. Following the publication of the Saville report, Prime Minister David Cameron made a statement and an apology to those families. The Ballymurphy families have been through a similar hell for nearly 50 years, so when will the Prime Minister meet those families, look them in the eye and apologise for the unlawful killing of their loved ones?

[Brandon Lewis]

As I have said a few times this morning, the Prime Minister is apologising directly to the families.

[Ian Paisley (North Antrim) (DUP)]

I thank the Secretary of State for his heartfelt apology. This is a most heartbreaking affair. It cuts right to the quick of a divided city, a divided country and a divided people. As a Protestant man, as a Unionist and as a loyalist, I stretch out my hand of love, of forbearance, of common grief and of compassion to my neighbour who has suffered, and I say to them that their tears and the sting of their tears are the same as the sting of our tears. There is no difference in the colour or feeling of that grief, and we share that grief with them today in a heartfelt and compassionate way. I hope that they accept the sincerity of those remarks and those feelings, which are across our country.

This verdict does lift, Denning-like, the curtain on the appalling vista of what has happened in Northern Ireland. No doubt more and more will follow. That is not something we look forward to, but know that more will come. The Secretary of State is correct when he says that the pitch has been somewhat queered by the release of terrorists from our jails and by the on-the-runs and letters of comfort to them, because their victims will never see any justice in our country. We therefore cannot have scapegoating of our soldiers or our police officers or a perverse exhibiting and rewriting of what happened in Northern Ireland, in an “Alice in Wonderland” like way, where the peacekeepers become accused of being the peace-breakers. This is a most difficult and tragic situation, and all we can say is that we have to wish the Secretary of State well in what he does now.

[Brandon Lewis]

I thank the hon. Gentleman for his comments, which I know will be genuine and hopefully well received across Northern Ireland in terms of the need for people to come together. It is right that this week and at this moment in time we are focused on the pain, loss and suffering that the families and the victims of Ballymurphy have experienced for far, far too long. He is right that we must also remember that more than 3,500 people were killed and tens of thousands of people were injured, with families affected across Northern Ireland and beyond, the majority of whom were innocent civilians.

By far the majority of our armed forces acted with honour and focus, and Ballymurphy just highlights what a tragic period in the history of this country the troubles were and why it is so important that we work together, recognising some of the very difficult, painful compromises that have been made over the past few decades to deliver the Good Friday agreement and the peace and prosperity that Northern Ireland has seen since. That should be treasured, and it is something we need to build on and deliver on in the future.

[Karin Smyth (Bristol South) (Lab)]

When I speak to people about Northern Ireland, I apply a simple test, which is, “What if this happened in Bristol, and not Belfast?” Much like the people of Belfast, the people of Bristol sometimes wish they had a different Prime Minister, but he is their Prime Minister, for those of all faiths and none and those of all persuasions and none. As their Prime Minister, it is a disgrace that he is not here to make this statement from that Dispatch Box. He should have done that earlier this week. We all know the symbolism of these Benches and that Dispatch Box.

The Prime Minister has said that he wants to learn from the experience of the past, so I say gently to him that the experience of the past 100 years is that when a British Prime Minister ignores what is going on in Northern Ireland, we see a difficult situation that does not improve. Some of the things he has now said are deeply problematic, such as unilaterally pulling away the Stormont House agreement. If that is the case, he very quickly needs to come here with the Irish Government and all the political parties involved and tell us what will be in its place. That is the true apology that would be right for those poor families from Ballymurphy and across this whole tragedy.

[Brandon Lewis]

I am afraid that what the hon. Lady has just outlined is wrong on a number of points. Apart from the things that I have outlined, the Prime Minister is in contact with the Ballymurphy families directly, and there is the statement he made yesterday and the conversation he had with the First Minister and the Deputy First Minister yesterday.

My point has actually been that I think the principles of Stormont House are hugely important. There is a range of things there that we need to deliver on. The reality is that since 2014 that has not happened, for a range of reasons. There have been learnings, and things have changed since then. There has been a consultation that we need to reflect on and deliver on. We need to make sure that we can deliver on those principles and get on with it, rather than being another seven years down the line with people still talking about something at a time when we are losing people and families are not getting the information that they deserve. At the heart of what we want to do is making sure that we are leading to delivering for victims and that we have reconciliation for people across Northern Ireland. [Interruption.]

[Mr Speaker]

I think somebody’s phone is ringing.

[Claire Hanna (Belfast South) (SDLP) [V]]

The chaos and impunity of the Ballymurphy killings contributed to the near-collapse of the rule of law in Northern Ireland and a sickeningly casual attitude to human life. For years after those killings, thousands more people had their lives needlessly and cruelly taken by killers in and out of uniform.

To justify an amnesty, some say that no good can come from delving into dire events in the past. Does the Secretary of State acknowledge that good did come this week because lies were confounded, the truth was affirmed and the innocence of victims was vindicated? Does he acknowledge that, precisely because state actors and paramilitaries since the agreement have failed to bring forward information, victims feel that the only way that they can get to truth and justice is through the judicial process? Does he agree that those who run from truth and accountability are those in state agencies and those in the militias who know the most and who inflicted the worst?

[Brandon Lewis]

As I mentioned in my opening remarks, I agree that there is no doubt, and we do need to acknowledge, that the actions and the particular incidents at Ballymurphy did fuel further reactions and retaliations that drove the troubles, particularly in those early years. We need to take accountability; that is why I referenced that in my statement.

The hon. Lady is also right that it is right that the state takes accountability and apologises, exactly as we are doing today, when there is clear acknowledgment that things were done that were wrong. That is what we are doing today. I fundamentally agree with her that it is important that, whoever the actors were, there is a huge majority of unsolved deaths, injuries and murders across Northern Ireland that people are looking for information about. They have a right to get that information, and we need to do everything we can to get that information, to get that accountability and to get to the truth.

[Carla Lockhart (Upper Bann) (DUP) [V]]

I take the Secretary of State back to 8.30 am on this day, 13 May, in 1994 in Hill Street, Lurgan in my constituency of Upper Bann. Fred Anthony, 38, a Protestant, was a cleaner in the town’s Royal Ulster Constabulary station. As he travelled in his car along Hill Street with his wife and two children, an IRA booby-trap bomb exploded. Fred Anthony died; his three-year-old daughter spent a week in a coma, both her legs were broken and shrapnel lodged close to her brain—a life lost and a family destroyed.

No one has ever been charged in relation to this cold-blooded, ruthless murder. The Anthony family, who I spoke with this morning—like so many families of victims of the Provisional IRA—desire truth and justice. They look at the Ballymurphy findings and wish that they, too, had been given the same resource to find truth as the Ballymurphy families, who have fought hard and learned so much. What is the Secretary of State’s message to the Anthony family today, and what support can he give them to find truth and justice?

[Brandon Lewis]

The hon. Lady has again highlighted the very sad reality of too many families not yet having an understanding of the information that they need to be able to know what happened and the truth, which gives an ability to move forward. We are very clear that our objective of addressing the legacy of the troubles and delivering on our commitments means that we want to deal with the past in a way that helps people in Northern Ireland, such as the families that the hon. Lady just outlined, to look forward. That means that this is something we need to deliver on. We need to find a system that can get that information and get to the truth. It is clear that this week’s case—let alone other cases that we have seen recently—shows fundamentally that the current system has not been, and is not, delivering for victims and the people of Northern Ireland. When it takes 50 years to get the truth, something is wrong and we need to find a different way forward.

[Patricia Gibson (North Ayrshire and Arran) (SNP) [V]]

Taking 50 years for the truth to be established about the killing of the 10 innocent Ballymurphy civilians is truly shameful, and the truth uncovered is due to the tireless efforts of the families of the victims. Why has it taken so very long to get to the truth and why has the Prime Minister refused to meet the families of those killed? Can the Secretary of State tell us, in reference to the previous question, what specific action his Government will take to reassure the people of Northern Ireland that they are unequivocally committed to discovering the truth about all unsolved killings and to deal appropriately with legacy issues, as set out in the Stormont agreement?

[Brandon Lewis]

The hon. Lady is not correct to say that the Prime Minister has refused anything. As I say, he is contacting the families directly. There has been a lengthy delay in delivering even the findings of the Ballymurphy inquest. That is obviously not directly a matter for the Government in the latter part, but I know that covid has had a significant impact on the legacy inquest timetable. However, the hon. Lady highlights the point that I have been making consistently: this has taken far too long. It should not take 50 years to get to the truth. We must make sure that it does not take 50 years for people in the future. That is why we are working—I have been talking to the Irish Government; we want to work with the Irish Government—but we do need to find a way forward. Stormont House was 2014. The principles of it are absolutely right. They are core to delivering for the families in Northern Ireland. We need to do that in a way that reflects what has happened and what we have learned since 2014—in a way we can deliver on to make sure that these families get to the truth. We have committed to doing that through legislation. We want to work across our partners and the people of Northern Ireland to find a way to do that that works for everybody in Northern Ireland.

[Rachael Maskell (York Central) (Lab/Co-op) [V]]

The Prime Minister’s predecessor came to this House to report on the findings of the Bloody Sunday inquiry. His presence helped build reconciliation. Families in Ballymurphy have served a half-century sentence waiting for justice. It should therefore have been the Prime Minister addressing Parliament today. Peace and reconciliation in Northern Ireland can never be taken for granted. It has to be won, and that starts by showing a commitment to finding truth and justice, so does the Secretary of State agree that, from this point, it must be the families of this injustice in Ballymurphy who are put first, and that the Government must listen to them as to how reparation processes have to change to expedite justice?

[Brandon Lewis]

As I said, there were big, bold, difficult and complex steps taken that led to the Good Friday agreement—decisions that were difficult for people at the time, but they have delivered peace and prosperity over the last few decades. Northern Ireland has predominantly moved away from violence. We need to make sure that we continue to respect the principles that led to the Good Friday agreement and continue to look at how we develop that to ensure that Northern Ireland can continue to prosper.

Within that, it is absolutely right that we want to make sure that families are able to get to the truth and the information without not just the delay, but the pain and difficulty that families are having at the moment. Obviously, the Ballymurphy families have been through a completely unacceptable experience over the last 50 years, but there are also other families out there, other unsolved murders, and other injuries that have been caused, where nobody has yet got to the bottom of what happened. It is important that we find a way forward that ensures that those families and victims who want that information can get it in a timely fashion. There is a real risk, if we do not do this in a way that works, that we will have people passing away without ever knowing the truth. That is not acceptable and we have a duty to deliver for them and for the future of Northern Ireland.

[Clive Efford (Eltham) (Lab) [V]]

Given the gravity of this report, I think that the Prime Minister should be at the Dispatch Box making this statement. In five separate incidents, over the weekend of Operation Demetrius, 10 people, who posed no threat and bore no arms, were shot dead. That must raise questions about the preparation for Operation Demetrius—what was said to those soldiers about the yellow card that each of them should have been carrying. What can the Government do, and particularly the MOD, to shed light on what was said and done in preparation for Operation Demetrius?

[Brandon Lewis]

As the hon. Gentleman said, and as others have rightly said and I have said, the families should never have had to wait 50 long years to hear Justice Keegan’s findings this week. Obviously, I convey my thanks to her for the work that she and the team have done. I can promise, as I said earlier, that that will be followed by action to prevent others who have lost loved ones—from all communities, including the armed forces—from going through the same continual, lengthy and traumatic experience to get to the heart of the truth of what happened.

It is an awkward truth for us all that the prospect of prosecutions resulting from criminal investigations is vanishingly small, but we have seen that a sense of justice can be provided through truth, acknowledgment and information. We want to deal with the past in a way that not only helps society in Northern Ireland to be able to look forward rather than back, but also gets to the truth, and therefore accountability and an understanding of what has happened in a whole range of cases—Ballymurphy and others—that are still unsolved.

[Steven Bonnar (Coatbridge, Chryston and Bellshill) (SNP)]

The Secretary of State said in his statement that Ballymurphy should not have happened, and of course we all agree, but it did happen; and it happened again six months later, in the city of Derry. The Prime Minister now needs to come to that Dispatch Box and apologise properly, on behalf of us all, to the people of Ballymurphy.

“Entirely innocent”, Mr Speaker: “entirely innocent”. Does the Secretary of State accept then, given the time it can take, and has taken, for the families of the innocents to get the truth of events, that it must mean that justice does have no limitation? If so, will his Government pause now and reconsider their recent moves to create such a limit for justice?

[Brandon Lewis]

Look, as I said earlier, the Prime Minister has given an unreserved public apology for what happened in Ballymurphy. I am here, the Government are here today, not just apologising but taking accountability for what happened and what should not have happened, not just at the time of Ballymurphy—obviously that was unacceptable—but for what was also unacceptable: what has happened since, in that 50 years that we have had to wait. But in answer to the hon. Gentleman I will be very clear to the House, as I have been, I hope, through the course of this morning: we are determined that families need to get to the truth. They need to be able to know what happened. There are too many cases out there unresolved, where families do not have the information of what happened, and therefore it is impossible for them to be able to have an opportunity not only to know about their past but to really look forward to their future. We are determined to do that. There should not be a time limit on getting to the truth. We need to find a way—based on the fact that the current system is failing everybody—to have a system that can work, that gets to the truth and gets information, for the benefit of reconciliation in Northern Ireland and for those families.

The Government's Legislative Programme (Northern Ireland) 2021-22

Brandon Lewis Excerpts

Wednesday 12th May 2021 Written Statements

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

The legislative programme for the second Session was outlined by Her Majesty on 11 May. Twenty five of the 29 Bills announced in the Government’s legislative programme contain a wide range of measures that will apply to Northern Ireland either in full or in part.

This ambitious legislative programme, and the delivery that will flow from it, underlines the importance that the Government places on the Union, and Northern Ireland’s integral part within it. It also reinforces the Government’s commitment to levelling up right across the UK, delivering for people and businesses across Northern Ireland, as part of a strong United Kingdom, to ensure we can build back better and recover from the covid-19 pandemic by strengthening economic growth and opportunities right across the UK.

It also builds on the unprecedented action the Government have taken to support individuals, businesses and communities in Northern Ireland to get the Northern Ireland economy back up and running. This includes £4.2 billion funding through the Barnett formula to tackle the pandemic—over and on top of £3.5 billion investment we are already making in Northern Ireland through the new deal for Northern Ireland—ambitious city deals, 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. These are:

The Northern Ireland (Ministers, Elections and Petitions of Concern) Bill which will deliver aspects of the New Decade, New Approach deal agreed by the five main Northern Ireland political parties when the Executive was restored in January 2020;

A Bill to address the legacy of the Troubles in a way which focuses on reconciliation, delivers for victims, and ends the cycle of investigations.

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

Advanced Research and Invention Agency Bill

Armed Forces Bill

Animals Abroad Bill

Animal Welfare (Sentience) Bill

Borders Bill

Building Safety Bill

Counter-State Threats Bill

Dissolution and Calling of Parliament Bill

Dormant Assets Bill

Electoral Integrity Bill

Environment Bill

Health and Care Bill

Judicial Review Bill

Legacy Bill

National Insurance Contributions Bill

Northern Ireland (Ministers, Elections and Petitions of Concern) Bill

Planning Bill

Police, Crime, Sentencing and Courts Bill

Procurement Reform Bill

Product Security and Telecommunications Infrastructure Bill

Professional Qualifications Bill

Public Service Pensions and Judicial Offices Bill

Subsidy Control Bill

Skills and Post-16 Education Bill

Telecommunications (Security) Bill

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

[HCWS15]

Northern Ireland

Brandon Lewis Excerpts

Tuesday 13th April 2021 Commons Chamber

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

With permission, Mr Deputy Speaker, I would like to make a statement to update the House on the recent disorder in Northern Ireland.

The main areas of unrest have been specific parts of Belfast, Newtownabbey, Carrickfergus, Ballymena, Cookstown, Coleraine and Londonderry. The 7 and 8 April saw an escalation in the violence at an interface area, commonly referred to as a peace wall, in west Belfast, with missiles being thrown by large numbers of mainly young people over interface gates, and police coming under attack. As a result of the unrest, a total of 88 police officers have been injured, 18 arrests have been made and 15 individuals have been charged. My thoughts and, I am sure, the best wishes of everybody in this House are with those police officers.

On Friday 9 April, the incidents of public disorder were significantly reduced compared with previous evenings. There was, however, localised disorder in north Belfast. The remainder of the weekend and since has been much calmer, with only a few isolated incidents of disorder.

The violence witnessed last week was totally unacceptable. Attacks on police officers are utterly reprehensible. Those engaged in this destruction and disorder do not represent the people of Northern Ireland. It is tragic and deeply concerning that young people have been engaged in, and encouraged into, this violence, and, as a result, will now end up with criminal records.

It can be easy to look for a simplistic explanation for the recent disorder, but it is clear that the factors behind it are, in fact, complex and multi-faceted. People are frustrated after a year in which coronavirus has challenged all of us, and I do recognise how frustrating it has been, especially for young people in Northern Ireland facing the uncertainty around the lifting of lockdown restrictions without having the clear road map in Northern Ireland. There is also a perception that the rules and restrictions have not been enforced equally in Northern Ireland, and we all know that there are strongly held political views within and between communities that can be in tension with each other. I recognise that there are concerns about the implications of the Northern Ireland protocol—concerns that overlap with wider questions about national identity and political allegiance—and this comes at a time of economic uncertainty caused by the pandemic.

Northern Ireland has made huge strides over the past two decades, but it is a post-conflict society and there do remain elements of fragility. Some sections of the community feel that their concerns are not understood. The reconciliation, equality and mutual understanding between the communities and traditions envisioned in the Belfast/ Good Friday agreement are not recognised or experienced by all. There is still work to do.

The Belfast/Good Friday agreement, which was signed 23 years ago, highlighted the importance of progress in areas of social development, such as integrated education. These will be a vital part of Northern Ireland’s future, enabling even more young people to grow up in the reality of a shared society and able to effect positive change in their communities. The answer to all these issues and any others lies in dialogue, engagement and the democratic process, not through violence or disorder. It is incumbent on all of us engaged in political discourse to support Northern Ireland in leaving its divisive past behind and continuing instead to look ahead to all the opportunities of the future.

Policing and justice matters are devolved under strand 1 issues under the Belfast/ Good Friday agreement. Despite this being a devolved matter, though, the Government have an important role to play in supporting the Executive to ensure that calm prevails and in offering the Police Service of Northern Ireland and all those committed to dialogue and democracy our fullest possible support. I have continued to meet with Northern Ireland’s party leaders and the Police Service of Northern Ireland over recent days to discuss the unrest. Our collective priority is to work together to ensure public safety.

I very much welcome the statement from the Northern Ireland Executive on 8 April that set out a common position from all Executive parties against the violence and declares their support for law and order and policing. I want to express my gratitude to them for their efforts and to the PSNI for continuing to work to keep people safe.

I also welcome recent statements from many across the community and beyond condemning the violence and appealing for calm. The Government respect the right to protest, but it must be done in a peaceful manner that fully respects the rule of law. On 10 April, we marked 23 years since the signing of the Belfast/Good Friday agreement, an achievement of which the people of Northern Ireland are justifiably proud and on which we can continue, and must continue, to work closely with the Irish Government as co-guarantors of that agreement. In that time there has been a transformative change in Northern Ireland. Peace has brought stability and opportunity. It has enabled Northern Ireland to develop into the vibrant, exciting place that it is today.

The Government are resolutely committed to peace and prosperity in Northern Ireland. We have invested significantly in a wide range of programmes and initiatives to that end. The Belfast/Good Friday agreement provided the foundation for peace and a framework for prosperity and we are committed to it, as, I think, everyone in this House is. All of us across this House have a duty to support the people of Northern Ireland in shaping a peaceful and prosperous society for the future—a future that they can shape.I have seen at first hand an inclusive, prosperous and hopeful society that continues to build on that hard-won peace.

We must all work together to resolve the tensions that are currently being faced. I know from my ongoing engagement with stakeholders, including the Irish Government, that that is a shared view. The only way to resolve differences is through dialogue, and in that regard we must all lead by example. I commend this statement to the House.

[Louise Haigh (Sheffield, Heeley) (Lab)]

I thank the Secretary of State for advance sight of his statement.

Twenty-three years ago this week, the Belfast Good Friday agreement was signed. The violence in recent days, some of it carried out by children with no memory of the dark days of the past, has been painful to witness. Our thoughts are with those injured, and our deep gratitude belongs with the police, community workers and leaders on the ground who have helped to restore some sense of calm in recent days.

The violence was unjustified and unjustifiable. Those adults cheering on youngsters showed a sickening disregard for their children’s futures. But recent months have shown just how fragile the peace is, and that it requires responsible and careful leadership to safeguard. As the Secretary of State has outlined, there are complex and varied factors behind the causes of the rioting—disrupted paramilitaries lashing out at the police; anger at the way in which the Bobby Storey funeral was handled last year—but there is also a very deep sense of hurt and anger among the Unionist and loyalist communities, which has been building for months and must not be ignored.

The Prime Minister made promises to the people of Northern Ireland that there would be no border with Great Britain, knowing full well that his Brexit deal would introduce barriers across the Irish sea. He made those promises because he knew that economic separation would be unacceptable to the Unionist community, and the growing political instability we are seeing has its roots in the loss of trust that that caused. Trust matters. It is what secured and has always sustained the Belfast Good Friday agreement.

In moments of instability, what Sir John Major and Tony Blair, Mo Mowlam and the right hon. Member for Skipton and Ripon (Julian Smith)—Labour and Conservative—understood was that trust, leadership and partnership are paramount to finding a way forward in Northern Ireland. As a co-guarantor to the Belfast Good Friday agreement, the Prime Minister owes it to the people of Northern Ireland to restore the trust he has squandered. He is not a casual observer to these events. He must step up and urgently convene talks with the political parties in Northern Ireland and all parties to the protocol to find solutions and political agreement.

Can the Secretary of State outline when the Prime Minister is planning to travel to Belfast to convene talks and show the leadership this moment demands? What is the strategy for addressing the loss of trust among the Unionist and loyalist communities to demonstrate that legitimate grievances are being heard? How are representatives of Northern Ireland being brought into the negotiations on huge decisions affecting their future? And can the Secretary of State detail—I have asked him this many times from this Dispatch Box—what practical solutions the Government are seeking with the EU to reduce checks and requirements between Britain and Northern Ireland? Fundamentally, the people of Northern Ireland must see that politics can work, and that the word of politicians can be trusted again.

Recent weeks have demonstrated starkly that peace is an ongoing process. It is no coincidence that violence has flared in areas of profound deprivation, where educational attainment is too low, paramilitary activity 23 years on from the agreement is still criminally high, and children are educated in segregated schools and grow up in segregated communities. For them, the promise of peace has not arrived. A toxic combination of deprivation and disregard has fuelled deep disillusionment. But we must believe that there is still a deep urge for a future where reconciliation walks hand in hand with social justice. We saw that in the courage of communities along the interface in Belfast this past week. We must now see political leaders match that courage.

This moment must mark the end of an era in which Northern Ireland has been relegated to little more than an afterthought and the promise of peace allowed to stall. It demands a collective renewal of our commitment to the agreement and the principles that secured it. It demands that the vacuum of leadership and strategy in Northern Ireland is now filled. The Prime Minister must face up to the consequences of his own actions and show the leadership that the communities are crying out for.

[Brandon Lewis]

I welcome the hon. Lady’s condemnation of the violence and her support for the PSNI and others, as well as her words about the social fabric structure issues in Northern Ireland. It sounds like we have a shared view on that, particularly when we think about the failure to see the delivery of integrated education, for example, which was outlined back in 1998. That is one of the areas we need to work on. That is why the Government’s programme of work on levelling up and investing in city and growth deals and other areas is so important: to make sure that people can see the benefits of what is happening and can take the opportunities and move forward in a positive way.

The hon. Lady is absolutely right—I agree with her—in her comments about the Unionist and loyalist communities. It is so important to ensure that our friends and partners in the EU come to fully understand the issue around identity that people feel so passionately about—rightly so—in Northern Ireland in the Unionist community, and the impact that the decision on article 16 has had for people in that community. I welcome the fact that Vice-President Maroš Šefčovič met with civic society and business leaders some weeks ago now. I encourage him to do as he has pledged to and to do more of that work to fully understand.

The hon. Lady referenced the protocol. As I have just noted, issues on that protocol have played a part in tensions in the loyalist and Unionist communities. That is why I and the Prime Minister have been very clear about our determination to deal with those issues and to find a way forward. We all remember that the protocol is there and in place because of the unique circumstances of Northern Ireland. We have got to make sure it works in a good, fluid and flexible way, so that it works for the people of Northern Ireland, because ultimately it only works if it is working for everybody across the community. It has to be something that is acceptable to the Unionist and loyalist communities as well.

The hon. Lady mentioned talks. Obviously, I have met leaders in the Executive, as well as party leaders. I do that regularly and will continue to do so. The Prime Minister has met with people from civil society and the business community on the protocol. We support the established bodies that have been set up—the Joint Committee and so on—and there is the work we are doing there to resolve the issues.

I am glad to hear that the hon. Lady wants to see reduced checks. I assume that she supports retrospectively the unilateral action that we took just a few weeks ago and will support the work that the Government are doing to ensure that we reduce the checks so that the protocol works in the pragmatic way that was always envisaged. Ultimately, we come back to being united on the fact that, wherever we agree or disagree, the way forward is always through dialogue, never through violence.

[Simon Hoare (North Dorset) (Con) [V]]

I thank my right hon. Friend for his statement. I echo the comments of the shadow Secretary of State. Our thoughts and prayers are with the injured PSNI officers and the vast majority of law-abiding residents who have been caught up in the recent thuggish, criminal behaviour.

Peace and prosperity are, as my right hon. Friend knows, two sides of the Good Friday agreement coin. We know that there can be no prosperity without peace. I urge him to turbo-charge, with the Executive, the prosperity agenda, so to bring back into the fold those who might say, like those fictional Judeans in the film, “What has the GFA ever done for us?” We must focus on prosperity as much as peace.

[Brandon Lewis]

My hon. Friend, who chairs the Northern Ireland Affairs Committee, makes a very good point. He is absolutely right, not just in his admiration for cinema, but in his recognition that there is work that we need to do. I share his view of cinema in that respect.

One of the things I am looking forward to working through is the delivery of the new deal programme, the £400 million investment we have secured on top of the city and growth deals and the investment through “New Decade, New Approach”. That is looking very specifically at how we help Northern Ireland benefit from and take forward opportunities in the years ahead, as well as working with the Executive through the £15 billion block grant, to make sure that we are creating opportunity. That includes skills for the future. The social fabric is part of that. I passionately feel that integrated education has to be an integral part of that future, to bring people together and make sure that people are getting a really good education and the economy is growing and thriving.

One thing that those of us who spend time in Northern Ireland always see is the entrepreneurial spirit and the ability to see opportunities and drive forward in a positive way, which is great for the economy and creates jobs. As we come out of covid, Northern Ireland’s economy can have a really bright future.

[Richard Thomson (Gordon) (SNP)]

I thank the Secretary of State for advance sight of his statement. I associate myself with the remarks of both Front Benchers in their condemnation of the violence we have sadly seen. My thoughts are with those injured in the disturbances, and in particular with those in the emergency services who have been working hard to keep their communities safe.

The disorder we have seen in recent days represents, for those of us who grew up with strong memories of the troubles, scenes we thought we had left behind for good. We do not strengthen communities by encouraging criminality and disorder within them. We can all agree how sickening it was to see young children being encouraged in acts of violence by their elders who lived through that cycle of violence themselves.

Moving on from where we are will require a number of things. It will require respect for the law and those who enforce it, whether that is the officers of the PSNI, the leadership of the PSNI or the prosecution service. All must be supported fully in dealing with criminality and maintaining public order in a way that is consistent, fair and proportionate across all sections of Northern Ireland. Above all, it will require leadership, integrity, honesty and respect from politicians. There has, sadly, to date been a dearth of some of those qualities on show in the way that the protocol has been negotiated and implemented. The price being paid for that is sadly all too clear. The protocol was entered into freely by the UK Government and it is here to stay. Surely we can agree that the only route to amending it is through trust and good will on all sides.

The great success of the Good Friday agreement was in ensuring that the symbols of a border in the island of Ireland disappeared. If we can all agree that there is now a trade border, we can surely agree that the symbolism of that matters. One practical step, which I have raised with the Secretary of State before, would be to introduce a realignment of sanitary and phytosanitary checks between Great Britain and Northern Ireland. That would remove some of the more snagging aspects of the current protocol and the difficulties with symbolism that it causes. Will the Secretary of State, in his discussions with all partners in this process, continue discussions on whether that is something we can do to smooth the passage of the protocol? Will he agree to work with other devolved Governments, which that would also impact upon?

[Brandon Lewis]

I certainly agree with and appreciate the hon. Gentleman’s remarks in the first part of his statement.

The hon. Gentleman spent a fair part of his question referring to the protocol. We have to be very cautious when talking about the intentions, issues and views people have about the Northern Ireland protocol. As valid as they may be, they do not—it should never be argued that they do—in any way legitimise what we saw the other week. As others have said, it is right that we work through any disagreement in a political and democratic way. We also have to be very wary of the simplicity of thinking that what happened the other week was over one particular issue. As I think I outlined, and as the hon. Member for Sheffield, Heeley (Louise Haigh) outlined, it was a multifaceted set of issues.

I recognise the issues that are there from the outworking on the protocol as we have seen it in the first part of this year. We are committed to wanting to deal with that. We are very clear that Northern Ireland is an integral part of the UK and an integral part of the UK customs territory. The protocol was put in place primarily because the EU has a clear focus on protecting its single market. Our focus is on ensuring that the Belfast Good Friday agreement is respected in all of its strands, and that includes east-west. That is why we are very clear that while we want to ensure that goods moving into the EU through the Republic of Ireland are properly dealt with, goods that are moving from Northern Ireland to Great Britain are unfettered, as they are, and goods moving from Great Britain into Northern Ireland can do so freely and flexibly in a pragmatic approach.

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

I associate myself with the preceding comments made about the sad passing of our friend and colleague Dame Cheryl Gillan. I also associate myself with the support expressed for the Police Service of Northern Ireland and those affected in the troubles in recent days. In view of the serious events in Northern Ireland and the underlying causes, does my right hon. Friend agree that there is a need for the European Union, the Republic of Ireland and the UK to be pragmatic and practical in coming to an agreement on the Northern Ireland protocol? Furthermore, does the Secretary of State believe that the European Union fully understood the potential implications and risks, when it invoked article 16 of that protocol?

[Brandon Lewis]

I hope you will excuse me, Mr Deputy Speaker, if I join my right hon. Friend in his comments about the late Cheryl Gillan. This is the first chance I have had at the Dispatch Box to say that she became a very, very good friend to me over a period a short while ago, as I think you know full well, Mr Deputy Speaker, and she will be very, very sorely missed by all.

My right hon. Friend is absolutely right about this situation, as I said earlier. I am encouraging our friends and colleagues in the European Union, particularly Maroš Šefčovič as vice-president, and his team, to take the opportunity, as restrictions allow—whether it is virtually at the moment or, as restrictions ease, by being present in Northern Ireland—to understand the implications of the outworking of the protocol, including the practical supply line issues that we took action on recently, and also to understand the real issue of identity that the loyalist-Unionist community feel. The outworking of the protocol affects everybody in Northern Ireland. It is not a constitutional issue, in that sense. Whatever part of the community somebody is from, some of the outworkings for consumers and businesses have an impact. The issue of identity for Unionist and loyalist people in Northern Ireland is very real, and there is no doubt that that was intensified after the action the EU took around article 16. While the EU recognises that that was a mistake, it is important that it fully takes the time to understand the long-term implications of it and why it is so important that we work together to find pragmatic, proper solutions.

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

We condemn the violence. It is not justified. Attacking police officers in this way is wrong. Our thoughts and prayers are with the police officers who have been injured, and we thank them and their colleagues for their courage and determination in impartially applying the rule of law.

The hon. Member for Sheffield, Heeley (Louise Haigh) put her finger on it when she said that the issue is trust. Taking the peace process forward has to be built on trust. That trust was broken in relation to the findings on the Bobby Storey funeral, undermining people’s trust and confidence in policing and justice in Northern Ireland. There is a two-tier policing system in the eyes of some, and that needs to be addressed. Importantly, there was also a breach of trust in relation to the Northern Ireland protocol and creating barriers to trade between Great Britain and Northern Ireland that we were told would not happen and have happened, undermining the sense of identity and the place of Northern Ireland within the United Kingdom. What is the Secretary of State going to do, with the Northern Ireland political parties, to address the issues around policing and justice, and, crucially, to replace this protocol with something better that restores Northern Ireland’s place fully within the internal market of the United Kingdom?

[Brandon Lewis]

As the right hon. Gentleman knows, we took unilateral action just a few weeks ago to ease some of these issues—issues that would have made matters even more difficult, as I suggested at the time. I think it is now very clear that that was the right action to take and that, through that, people can see that we are determined to deal with some of the problems and the issues in the protocol. My right hon. Friend the noble Lord Frost is working through the correct established bodies—the Joint Committee and so on—with our partners in the EU to come to and work out a proper, long-lasting solution in terms of the challenges around the protocol.

The right hon. Gentleman is also absolutely right about—as I mentioned in my opening remarks—people perceiving that not everybody has been treated equally in terms of the implications of the rules around coronavirus. The Bobby Storey funeral is a very clear example of that, with the decision that came through just a few days before the violence got to the point that it did. There is a very important role for the PSNI and the Northern Ireland Policing Board in working with communities to restore and build trust. I have been talking to the Chief Constable about that, and to the parties on the Executive, as the right hon. Gentleman knows. I think everybody is very alert to the very real fact that, whatever anybody’s view of what happened around the funeral, the decision that was made has had a very substantial impact. There is work that the various agencies and bodies, including the PSNI and the Policing Board, need to do to reconnect with communities to show them that the PSNI is there for the safety and protection of everybody across the entire community of Northern Ireland.

[John Redwood (Wokingham) (Con) [V]]

I strongly support all that the Government and the Opposition have said about the violence. As the Northern Ireland protocol stresses the need to maintain Northern Ireland’s integrated place in the United Kingdom’s internal market, will the UK Government now ensure the easy and free movement of all goods from GB to Northern Ireland that are not at risk of going to the Republic? Should a good not be able to move as easily from Liverpool to Belfast as from Liverpool to Birmingham, and should that not be under the direct control of the UK authorities?

[Brandon Lewis]

I welcome my right hon. Friend’s comments on the violence, and he is absolutely right. The position that he has outlined that we need to get to is exactly where we want to get to. Obviously we want to do that in partnership and agreement with our friends and partners in the EU, and that work is what we are doing at this very moment.

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

For years, the Government have been warned that peace in Northern Ireland was a delicate and fragile thing that was not to be taken for granted. The fact that we have reached this point illustrates sadly only too well the recklessness of the Prime Minister in particular with regard to the position of Northern Ireland and our departure from the European Union. This is not the first time in the past 23 years that we have found ourselves in peril. On previous occasions, it has taken the Prime Minister of the day to step up to the plate. The symbolism and demonstrating leadership are what is necessary. His predecessors have done it; will he do it now?

[Brandon Lewis]

For my part, that is absolutely the work that we are doing with the parties, civic society and business leaders in Northern Ireland. The Prime Minister and I have been involved in that all the way through. He has had a consistent focus on ensuring that we are delivering for the people of Northern Ireland over the entire period, and not just the past few days, although obviously he has been involved in the past few days and had conversations with the Taoiseach, rather like my conversations with the Irish Foreign Minister.

The right hon. Gentleman makes a good point about the Good Friday agreement. We always need to remind ourselves that the Good Friday agreement has three strands, and we must resist the temptation that some people have to see the Good Friday agreement through simply one strand of north-south. The east-west and Northern Ireland strands are hugely important. One of the things we have to do is make sure we are delivering on the east-west part of the Good Friday agreement, so that the agreement is applied and working in all its strands.

[Mrs Maria Miller (Basingstoke) (Con) [V]]

May I add my condolences to those expressed earlier and send them to Cheryl Gillan’s family, following her sad death last week? She was seen on our Benches as the mother of our side of the Chamber. She was a generous lady. She was kind, and we will really miss her.

People will be listening to these exchanges today concerned that this unacceptable violence and disorder could mean yet more delay to the implementation of the laws that we agreed in this place over a year ago on access to abortion and abortion aftercare in Northern Ireland—healthcare that is routinely available in the rest of the UK. Can my right hon. Friend assure the House that he will not be distracted from the steps he set out a few weeks ago, and that there will be no more delay in giving women and girls in Northern Ireland the same rights as women and girls throughout the rest of the UK when it comes to access to abortion and abortion aftercare?

[Brandon Lewis]

Yes, I can give that assurance. I would go a little bit further: even in the conversations I was having in Belfast yesterday with community groups and political leaders, everybody was very determined to continue to deliver for the people of Northern Ireland in the widest sense through the “New Decade, New Approach” agreement. We will not be distracted from delivering on our promises and the actions we took on abortion, as we outlined just a few weeks ago. It comes back to remembering that, with what we saw last week for those few days—hopefully we do not see a recurrence of it—we all have a part to play in encouraging a calm approach to disagreements, but we must not be deterred from the wider work to deliver for Northern Ireland by the actions of criminals, thugs and hooligans.

[Karin Smyth (Bristol South) (Lab) [V]]

I welcome the Secretary of State’s statement and particularly his comments on integrated education, but may I press him on strand 3 of the Good Friday agreement, which he has talked about? Has he had discussions with the Chancellor of the Duchy of Lancaster and the Irish Government about holding another British-Irish Intergovernmental Conference? Such conferences are so crucial to the relationship across these islands and we have not had one for nearly two years.

[Brandon Lewis]

The hon. Lady makes a fair point. The British-Irish Council has met regularly and continues to do so—it met in November last year and has met regularly, annually. The British-Irish Intergovernmental Conference, which did not meet between February 2007 and July 2018, has met three times since then. We will of course look for the appropriate time for the next meeting of the BIIGC, especially in the context of ensuring the strengthening of the bilateral relationship between the UK and Ireland now that we have left the EU—I have spoken to the Irish Foreign Minister about that—but we also need to be clear that policing is a devolved matter so falls outside the remit of the BIIGC.

[Greg Smith (Buckingham) (Con)]

I welcome my right hon. Friend’s statement and his continuing commitment to resolving the issues thrown up by the Northern Ireland protocol. Given that one of the many reasons for the recent unacceptable disorder is that one side of the community undoubtedly feels their concerns are not being listened to, not least by those in the European Union, what representations will my right hon. Friend make to those outside Northern Ireland such that they listen more carefully to the concerns of all communities in Northern Ireland?

[Brandon Lewis]

My hon. Friend raises a really important point. Colleagues from all parties are speaking about this issue in the House today and they have influence and relationships throughout the EU, and it is incumbent on us all to make the case widely that it is important that the EU understands the issue of identity and why the tensions that we are seeing in the loyalist and Unionist community are there in respect of some of the things that happened earlier this year, as we have already outlined. As I say, there is a fundamentally multifaceted, complex set of reasons behind what happened last week, and there is work for all of us to do in moving things forward. My hon. Friend is absolutely right that we all have a part to play to ensure that people understand the complications, nuances and sensitivities in Northern Ireland.

[Tony Lloyd (Rochdale) (Lab) [V]]

The Secretary of State deserves the support of the whole House and, indeed, of the people across these two islands for every effort he makes to bring together politicians in Northern Ireland, in Dublin and here in Great Britain, but the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) is right to point out that at the moment the lack of trust is palpable. If the Secretary of State wants to make sure that the European Union understands the situation in Northern Ireland and if he wants to bring people together, it would not be just symbolism for him to tell the Prime Minister that he has to be visible at this time if he is to provide the kind of leadership that we have expected from Prime Ministers in the past. We need brave decisions; it is now up to the Prime Minister to step forward and provide that kind of leadership.

--- Later in debate ---

[Brandon Lewis]

The hon. Gentleman has a long-held and strong passion for Northern Ireland and has always worked in a collegiate way to ensure that the people of Northern Ireland are well supported. He is absolutely right about bringing people together, which is what we have been doing. As I have outlined, it is important that we encourage our friends and partners around the world, including the EU, to do that. The Prime Minister has been integrally involved in Northern Ireland and was actually there just a couple of weeks ago.

[Colum Eastwood (Foyle) (SDLP)]

I thank the Secretary of State for his statement, but I have to say that I am disappointed by the lack of any acceptance of culpability from his Government in respect of how they have dealt with the Brexit issue from the start and how they have not been honest with the Unionist population in Northern Ireland. Church leaders have asked us to come together to deal with this crisis in our peace process. Despite what the Secretary of State has said, policing may be devolved but peace is not devolved. We all have a responsibility to deal with this situation. Why will the Secretary of State and his Government not convene the British-Irish Intergovernmental Conference?

[Brandon Lewis]

On the hon. Gentleman’s last comment, he might want to have a look through Hansard later and reread my remarks, because that is not what I said. It is actually quite the opposite—I have spoken to the Irish Government—so I suggest he has a look at what I actually said.

It is very misleading to try, as I said earlier, to legitimise or even to simplify—I appreciate that the hon. Gentleman is not legitimising it, to be fair—what we have seen over the past few weeks and the tensions around Brexit. As many of us know—I know the hon. Gentleman knows this because it was outlined to him and me by the Chief Constable at the end of last week—there is a multifaceted set of issues, not least some of the brilliant work that the PSNI has done to crack down on crime. Some of that has been rehearsed today.

I have faith in the Northern Ireland Executive and Ministers, one of whom is a member of the hon. Gentleman’s party, to do their work to deliver for the people of Northern Ireland. The Executive came together just a few weeks before covid came upon us all last year. The way in which they have worked through the last year—staying together and working together for the people of Northern Ireland—has been a phenomenal achievement and huge credit goes to all those involved. I have faith in them to do the work that is devolved to them. I will continue to support them in that and to support the PSNI to do the job that it is focused on doing: keeping everybody in Northern Ireland safe.

[Antony Higginbotham (Burnley) (Con)]

As my right hon. Friend said, the reason for the scenes that we have seen over recent weeks are multifaceted and that means that there is not a single solution to the problems; there will have to be a holistic approach. Will he confirm that he is finding ways to bring together all partners—not just the PSNI and the Northern Ireland Executive, but the Irish Government, the European Union and civil society—to come up with a holistic strategy for bringing peace back to the streets of Belfast?

--- Later in debate ---

[Brandon Lewis]

My hon. Friend is right about the multifaceted situation. There is work that we have to do. We have touched on integrated education. We also have to ensure that there is a stronger and more connected relationship in some communities with the police and political parties in Northern Ireland—across the communities. That has come through very clearly in the engagement that I have had—not just in the last few days, but over a period of time—with people across various community and civic groups. As I said earlier, we will of course look for an appropriate time for a future meeting of the BIIGC, particularly in the light of the redevelopment and strengthening of the bilateral relationship between ourselves and the Irish Government now that we have left the EU.

[Carla Lockhart (Upper Bann) (DUP) [V]]

May I say at the outset that my thoughts and prayers are with the officers injured in recent days? Although all right-minded people will condemn any violence or threat of violence in Northern Ireland—now and in the past—does the Secretary of State accept that the anger in the Unionist community goes far beyond those who have taken to the streets in recent days? Will he take any opportunity to point out to his Irish or European colleagues, whose belligerent approach has exacerbated the difficulties, that the rigorous implementation of the protocol is not only inconsistent with the Belfast agreement—it is also, even before it has been implemented in full, causing societal difficulties in Northern Ireland? Will he also confirm that, with or without necessary flexibility being shown by the European Commission, the Government will fulfil the Prime Minister’s assurance in December 2019 that there would be “no checks” on goods going from Northern Ireland to GB or from GB to Northern Ireland?

[Brandon Lewis]

The hon. Lady has strongly and passionately outlined the sense of frustration and tension in Northern Ireland. I have talked to businesses, and whether somebody is nationalist or Unionist, they have seen an impact from the outworkings of the protocol, such as some of the issues that we saw earlier this year. We are working with the business community and civic society across the whole community of Northern Ireland to find sensible solutions.

We would like to work on this with our European partners, but the hon. Lady is right that the actions that we saw, particularly those around article 16, had an acute impact on the sense of frustration, tension and anger across the Unionist community. Thankfully—she is absolutely right about this and we need to be clear about it—the vast majority of people who have that anger are expressing it in the right way: through their politicians, to move things forward in a democratic sense, with dialogue; and through peaceful protests. That is absolutely right. We defend their right to do that and we will continue to engage on that. As she rightly says, that does not at any point ever excuse violence; we need to be very clear about that. We are determined to work through these issues and ensure that the protocol can work for everybody in a sense that is pragmatic and flexible, with free-flowing trade for GB into NI.

[Stephen Farry (North Down) (Alliance) [V]]

I also express my full support for the PSNI, including the Chief Constable. The Secretary of State well knows my views on the importance of a UK-EU veterinary agreement to take the heat out of the protocol. He also directly referred to the need to address deprivation and segregation. In that regard, may I invite him to consider extending his Government’s Fresh Start funding, which is so important for the expansion of integrated education, and to work with his ministerial colleagues to provide urgent clarity on the shared prosperity fund, which is so important for local employability schemes?

[Brandon Lewis]

I am very happy to do that. In fact, we organised a meeting just recently for Executive Ministers and Ministers and officials from Government, including the Ministry of Housing, Communities and Local Government, to talk through the schemes—not just the shared prosperity fund but the community renewal fund and others—because there are substantial extra funds available this year for Northern Ireland as we move towards the shared prosperity fund. As I set out earlier, part of the £400 million of new deal money will be focused on work around social fabric and potentially integrated education, and I am really keen to engage to make sure that that money is put into areas where it has the most beneficial impact and is positive for people on the ground in Northern Ireland.

[Nigel Mills (Amber Valley) (Con) [V]]

Does the Secretary of State agree that the democratic institutions in Northern Ireland have a key role to play in ending this violence? Will he therefore urge all the parties not to take the step of suspending the institutions, as we have seen in recent years, and to keep talking to find a solution to take Northern Ireland forward?

[Brandon Lewis]

The short answer is yes, but I want to stress that the main political parties that form the Executive in Northern Ireland are all in the place that my hon. Friend outlined—working together. That is why it was really good to see them come together last week with a joint statement on this. There are five different political parties in a power-sharing arrangement in a devolved authority. Obviously, they will disagree on things from time to time. What they absolutely agree on is their right to disagree and to do so in a democratic and peaceful way, which they have worked together on very well since the re-formation after the New Decade, New Approach agreement last year, and I hope they will continue to do that. From my engagement with them all at the moment, I am confident that they will, and it is the right thing to do—it is certainly what the people of Northern Ireland want to see.

[Alison McGovern (Wirral South) (Lab)]

I associate myself with the shadow Secretary of State’s remarks on the complex situation in Northern Ireland. Notwithstanding that, just five weeks ago, the Prime Minister said that the Northern Irish protocol must not place “barriers of any kind” down the Irish sea. Can the Secretary of State explain to the House why the Prime Minister negotiated an agreement that did exactly that? Does he accept that the gap between what the Prime Minister says on Northern Ireland and what he does has contributed to a serious collapse in trust that now requires urgent prime ministerial attention?

[Brandon Lewis]

It is interesting that, in talking about a complex and multifaceted situation, the hon. Lady goes straight to talking about Brexit, which again highlights that Labour is so far behind where the general public are on finding a way to move forward to deliver on this. We have been clear from the beginning that the protocol is there because of the unique circumstances in Northern Ireland. It has to work in a way that works for people across the communities in Northern Ireland and for the whole of Northern Ireland—in a flexible, pragmatic way.

The hon. Lady talks about the Prime Minister’s involvement. Obviously, he has been involved, not just in the last few days but consistently through this process. He has been very clear about our determination and his determination—this is exactly what Lord Frost is working on at the moment through the Joint Committee and with my Department—to ensure that we deliver an outcome that means that these products flow in a flexible manner, because the protocol is there. As I said earlier, we understand that the EU has that great concern about protecting its single market. We have to make sure that the protocol respects the Good Friday agreement in all three strands, including east-west.

[Felicity Buchan (Kensington) (Con)]

Does my right hon. Friend agree that the violence we have seen is utterly unacceptable and that the only way we can make progress on these issues is through peaceful and inclusive dialogue?

[Brandon Lewis]

My hon. Friend is absolutely right. Obviously, we need to understand all the issues that have come together to lead people to think that violence is the solution, completely unacceptably, and work through that with the political parties and the community groups in Northern Ireland. She is absolutely right: there is no excuse for what we saw the other week. It was utterly reprehensible. As I have said before and as others have rightly said, our thoughts are with the police, whose focus is on keeping people safe.

[Steven Bonnar (Coatbridge, Chryston and Bellshill) (SNP)]

The abdication of any responsibility for the scenes that we have seen on the streets of Northern Ireland by this Government and this Secretary of State is shameful. The Prime Minister made consistent promises that there would be no border down the Irish sea. The Prime Minister also persistently threatened to break international law, repeatedly undermining the Good Friday agreement. The nature of politics towards the north of Ireland under this Government as a consequence of Brexit has been, at best, regretful. Does the Secretary of State understand the complexities—I have my concerns—and will he take responsibility for the repeated failures of his party in government?

[Brandon Lewis]

If the hon. Gentleman looks at what I have said this afternoon, I think he will see that I have proven quite the opposite in acknowledging the multifaceted issues that led to the violence we saw the other week, not that that excuses or legitimises in any way the reprehensible behaviour we saw from some and the encouragement of young people, which I find particularly despicable. It is good to see, if I heard his question correctly, that he now fully supports us in ensuring that there are no borders. I therefore look forward to his support if we have to take further action and for any further action we take to deliver on that in the way we promised people in Northern Ireland: with a pragmatic and flexible approach to the Northern Ireland protocol.

[Rob Butler (Aylesbury) (Con)]

Does my right hon. Friend agree that the Belfast/Good Friday agreement has brought untold benefits to Northern Ireland over the past 23 years and that it is therefore the Belfast/Good Friday agreement that must be the basis for future co-operation and political engagement?

[Brandon Lewis]

Absolutely. We now see a vibrant, exciting economy. Whether it is FinTech, renewable energy, cyber, the creative arts or advanced engineering and manufacturing, wherever people go in Northern Ireland, they will see entrepreneurship and opportunity, which is a testament to the phenomenal success of the Belfast/Good Friday agreement. I want that to continue to live on. I am absolutely passionate about ensuring that we deliver on that for the people of Northern Ireland. We do so by respecting, delivering on and working with everything and every part of the Good Friday agreement.

[Gavin Robinson (Belfast East) (DUP) [V]]

May I convey my thoughts for those PSNI officers who have been injured in the last week? They serve our community valiantly and often become the casualty when politics does not work. I also commend the leadership shown by my colleagues in my constituency of Belfast East and community leaders who have ensured that our part of the city has remained calm.

The Secretary of State is right to caution against legitimising violence. It should not happen. Violence is wrong. But when we talk of dialogue, I hope he will agree that the serious issues that have been raised should not be ignored. I hope he will appreciate that there are still too many politicians in Northern Ireland who not only dismiss the concerns but denigrate those in our community who voice them. If we want to see politics work, and I do, and we want to see constitutional politics work, and it should, we need to see the tangible results of all the flexibilities and resolutions for the injurious imposition we are facing in Northern Ireland.

[Brandon Lewis]

The hon. Gentleman is absolutely right. I commend him and his colleagues in the area who have been working closely with their communities and giving the support that the community groups, communities themselves and indeed the PSNI have benefited from. He is also right that we all need to ensure that we are engaging properly across the entire community of Northern Ireland. We should be engaging with anybody looking to find a peaceful solution and to use dialogue to condemn violence, and wanting to be part of taking Northern Ireland forward in a positive way. It is absolutely right that we take the time to have those difficult conversations sometimes, when they are there, even on issues where we disagree, to ensure that we can understand and look at how we can deliver on things in a way that works for everybody. In short, he is absolutely right.

[Jack Brereton (Stoke-on-Trent South) (Con)]

Further to what my hon. Friends have said about the Northern Ireland protocol, does my right hon. Friend agree that the reckless invocation of article 16 by the EU, for however short a period, without thought for the consequences, has contributed to the political tensions we now see in Northern Ireland?

--- Later in debate ---

[Brandon Lewis]

My hon. Friend is correct. To be fair, the EU has recognised the mistake, acknowledged the mistake, apologised for it and stepped back from the brink, but that action definitely had an impact. That is something that representatives from civic society made clear to the vice-president. That is why it is important that our colleagues and friends in the EU take some time to really understand some of the nuances and complexities of the communities in Northern Ireland and in particular the sense of identity of the Unionist and loyalist community and why that action not just had an impact that night but has had a lasting effect on people’s sense of identity.

[Fleur Anderson (Putney) (Lab) [V]]

Given that the Government are committed to seeking an agreement with the EU on veterinary standards, which has been repeated by the Secretary of State for Environment, Food and Rural Affairs, can the Secretary of State confirm that that is something that Ministers are pursuing in the Joint Committee? Does he support such an agreement, which would reduce checks and red tape and lower tension in the long term?

[Brandon Lewis]

The hon. Lady is right. The Joint Committee, Lord Frost, my colleague the Secretary of State for the Environment, Food and Rural Affairs and other relevant Departments have, across Government, been working on the various issues, to iron out the challenges and some of the problems that we have seen with the outworking of the protocol in the first few months of this year. We must get those things resolved, and our intention, aim and focus is on doing so by agreement, and in agreement with our friends and partners in the EU.

[Mary Kelly Foy (City of Durham) (Lab) [V]]

Social media has been used to lure young people to interfaces between communities, inflaming the crisis with provocative messages and fake news. Will the Secretary of State make clear that social media giants such as Facebook and WhatsApp cannot wash their hands of responsibility, and they have a duty to act to prevent their platforms from being used to incite violence?

[Brandon Lewis]

The hon. Lady makes a good point, and it is another example of how, even in an extended discussion such as this one, many more issues have been involved over the past few weeks. She is right to mention social media and people being subject to fake news, bot accounts and so on, and all those things have played a part. The PSNI and, more widely, the Executive and the UK Government are working with social media companies, and people should be cautious and aware of these things. That kind of activity on social media does not help anybody, and the social and digital media companies have a part to play in helping to ensure that such messaging does not spread and risk more violence anywhere on the streets of the United Kingdom.

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

The Secretary of State indicated that there was widespread condemnation of the violence of the past week or so, and he is right. That was not always the case, but thankfully it is now. Two outstanding problems need to be resolved with the utmost urgency. One is the Northern Ireland protocol, which he alluded to, and the other is the position of the Chief Constable. Will the Secretary of State recommit himself to ensuring that those two obstacles to progress can be dealt with in a satisfactory way, so as to take us forward peacefully and democratically?

[Brandon Lewis]

As I have outlined this afternoon and previously in the House, we have a clear focus on the work to move things forward on the protocol in a pragmatic and flexible way, so that it works and delivers for people in Northern Ireland, without hindrance or problem. The entire focus of the Chief Constable is on the safety and security of people in Northern Ireland, and I support him in that work.

[Daniel Zeichner (Cambridge) (Lab) [V]]

I am of the generation that remembers what discord in Ireland meant for people here on the mainland. I remember my mum being scared to go to work in London because of the bombs that were going off. Scared to go to work in London! What would the Secretary of State say today to those like my mum who would not understand how the Government have allowed the current situation to arise?

[Brandon Lewis]

As the hon. Gentleman will know, sadly and inexcusably we have seen pockets of violence across the UK over the last few months, in London, Bristol and elsewhere. None of that is acceptable, and we should see none of it. We should all be working, wherever we are in the UK, to support the local police and communities to bring an end to such things and return to calm and proper dialogue. I caution the hon. Gentleman against comparing what we saw the other week with what was seen some decades ago. Nobody should return to that, and the people of Northern Ireland deserve better. That is not what we saw last week, and it is not what anybody wants to return to in the future. We all have a job to ensure that the calmness that is there now remains, and that we work together with a proper, democratic dialogue.

[Ian Paisley (North Antrim) (DUP) [V]]

It is a denial, Sir, not to acknowledge the consequences of decisions taken by those on both Front Benches, and imposed on Northern Ireland, which have caused seismic societal, economic and community breakdown. That is the Northern Ireland protocol, and we are witnessing that breakdown today. I condemn the violence, but all the condemnation in the world will not make the violence go away if action is not taken. The cause is not covid-19. Seriously? The cause is not Bobby Storey’s funeral, although that was the straw that broke the camel’s back. The Secretary of State knows that the protocol lies at the heart of this, because the identity of Ulster is at stake as a result of the protocol. I fear a continuing downward spiral unless the Secretary of State takes action, and the key action he can take is to invoke article 16, take control of the situation, and address—[Inaudible.]

[Mr Deputy Speaker (Mr Nigel Evans)]

Sorry Ian, but I think we got the gist of the point you are making.

[Brandon Lewis]

Yes, I understand the point the hon. Gentleman was making. He referenced a few of the things I outlined in my opening remarks about the challenges, the straw that broke the camel’s back and the issues around the protocol earlier this year. That is why we took unilateral action a few weeks ago, which he supported. We have been clear that we will take the action needed to make sure this works for Northern Ireland. Our focus is on working through the proper channels with our friends and partners in the EU to get an agreeable solution that works for those EU friends and partners we trade with as well as people across the United Kingdom, and enables the GB-NI trade that we all want to take place.

[Paul Blomfield (Sheffield Central) (Lab) [V]]

As the hon. Member for North Antrim (Ian Paisley) said, the protocol is at the heart of this issue. The Secretary of State knows that there were only three options: all-UK alignment with the customs union and the single market, a land border between north and south, or a border in the Irish sea. The Prime Minister chose the sea border, but then he promised that it would not involve the checks that he signed up to in the protocol. I think he either did not understand the agreement he signed, or did not care about telling the truth. Which was it?

[Brandon Lewis]

Given that this was outlined earlier today, it is interesting that Opposition Members continue to want to talk about nothing else but leaving the EU. I think that highlights their lack of connection with people who want to move forward.

As we have said, we want to make sure that the arrangements work for the people of Northern Ireland. It is clear—it is one of the things the Prime Minister has consistently outlined—that the protocol is there for the unique circumstances of Northern Ireland. It is there because it recognises that the EU wants to protect its single market. We respect that position. That is about protecting the EU goods from goods that move through Northern Ireland and into the Republic of Ireland, and therefore the EU. We are determined to deliver on all strands of the Good Friday agreement, not just one of them, and that means recognising, as the protocol itself says, that not only will it not disrupt the everyday lives of people and communities, but respect and recognise the integrity of the market of the United Kingdom. Northern Ireland is an integral and fixed part of the United Kingdom customs territory. We are determined to ensure that it remains so and to get trade flows moving freely. We recognise the EU’s desire to make sure that goods moving into the EU via the Republic of Ireland are properly dealt with, but that is very different from the challenges we are seeing for all the goods moving from Great Britain to Northern Ireland. We have been clear that we will fix that.

[Hywel Williams (Arfon) (PC)]

The wholly unacceptable disorder was in part driven by the non-tariff barriers on exports from Great Britain to Northern Ireland. I understand the Government are planning the full implementation of border checks on imports from the European Union from October. Will that include non-tariff barriers on exports from Northern Ireland to Great Britain?

[Brandon Lewis]

The hon. Gentleman could look at the legislation we passed last year that ensures that Northern Ireland businesses have unfettered access to markets in the rest of the UK. We legislated for that, we have delivered on that, and we will continue to work to ensure equally flexible and free flow of trade from GB to NI, as I have outlined this afternoon.

[Jim Shannon (Strangford) (DUP)]

I thank and agree with the Secretary of State. We all agree that violence is unjustified and unjustifiable. It will break lives and homes, but it will not fix the problems. Democratic politics is the only solution, and politics must be seen to work. The overwhelming majority of good, law-abiding folks in Northern Ireland will never pick up a stone or throw a petrol bomb. We support the police and the rule of law.

However, the Northern Ireland protocol has disrupted business and has created problems on the streets. People are dismayed, there is anger and the frustration is boiling over. Some of them feel they are—indeed, we probably all feel we are—second-class citizens. At the same time, 2,000 people attended the Bobby Storey funeral; we buried my mother-in-law last October, with 25 at the funeral. Will the Secretary of State join me in rejecting two-tier policing where there is one rule for us, but another rule for Sinn Féin, and will he recognise that the flawed Northern Ireland protocol is disrupting peace, rather than cementing stability?

[Brandon Lewis]

I agree in large part with what the hon. Gentleman has said. It is why it is important for us to be working to find solutions for the impact of the outworking of the protocol on the ground and—he is absolutely right, and I absolutely understand this—the impact on people’s sense of identity. I welcome his condemnation of the violence we saw the other week.

On policing, it is important that people are clear that the PSNI’s work is to be there to support, keep safe and protect people of all communities on an equal basis. People need to have trust and faith in that, and I know the PSNI is focused on looking at what it can do to make sure it is delivering it. It is simply unacceptable, particularly with such a set of regulations, that any one community should be in a position where it believes it can see there has been a difference in treatment from one part of the community to another, especially with something so sensitive as family funerals over the last year or so. I absolutely understand people’s frustration, and I know the PSNI does as well. It is working to ensure that people are clear and can have confidence and trust that it is there to work for people across the whole community of Northern Ireland—equally, fairly and properly—to keep us all safe.

[Mr Deputy Speaker (Mr Nigel Evans)]

I thank the Secretary of State for his statement and for responding to 31 questions in just over an hour. We are going to suspend now for three minutes for cleaning the Dispatch Boxes, so that after the ten-minute rule Bill we can go straight into the Finance (No.2) Bill.

Abortion in Northern Ireland

Brandon Lewis Excerpts

Thursday 25th March 2021 Commons Chamber

[Carla Lockhart (Upper Bann) (DUP) (Urgent Question)]

To ask the Secretary of State for Northern Ireland if he will make a statement on the provision of abortion in Northern Ireland.

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

On Monday we made the Abortion (Northern Ireland) Regulations 2021, and we laid them before Parliament on Tuesday. We have taken that important step because women and girls are still unable to access high-quality abortion and post-abortion care in Northern Ireland, in all the circumstances that they are entitled to under the law made by Parliament in the absence of the Northern Ireland Executive, and reconfirmed in the regulations laid last March.

This is about ensuring compliance with the legal duties that Parliament imposed on me in mid-2019. The legal duties on me as Secretary of State are clear: I must ensure that the recommendations in a specific report by the Committee on the Elimination of Discrimination against Women are implemented in Northern Ireland. We are not seeking to open the Abortion (Northern Ireland) Regulations 2020, which were approved by a significant majority in Parliament last year. Those regulations delivered a CEDAW-compliant legal framework, ensuring that the health and safety of women and girls, and clarity and certainty for the healthcare profession, remains paramount, while also remaining sensitive to the circumstances in Northern Ireland.

This is not about new laws; this is about ensuring that the existing law is acted on and delivered. As I am sure many right hon. and hon. Members will agree, at the heart of this matter are women and girls who have been, and continue to be, denied the same rights as women in the rest of the UK. Women and girls are entitled to safe, local healthcare. Indeed, during the pandemic, that has been even more crucial. The law changed more than a year ago, and abortion services should now be available as a healthcare service in Northern Ireland, so that women and girls can safely access local services. This is not a new issue or a surprise for the Executive.

Following the Northern Ireland (Executive Formation etc) Act 2019 receiving Royal Assent and section 9 duties coming into effect, we engaged with all Northern Ireland parties on this matter, and we continue to engage. We have always sought to deliver in a way that respects the devolution settlement, by putting in place a legal framework, and recognising that healthcare is devolved and therefore service provision should be delivered and overseen locally by the Department of Health, as well as by health bodies with the relevant legal powers, policy and operational expertise to do so.

We are disappointed by the continuing failure of the Department of Health and the Executive to commission abortion services that are consistent with the regulations, despite having extensively engaged on this issue for more than a year. I recognise that local interim service provision has been established from April last year, resulting in more than 1,100 procedures being accessed locally. I put on record my thanks to those medical professionals who have done what they can to ensure that women and girls have had some local access to services in Northern Ireland to date, and to those organisations that have supported that work. Looking ahead, I want to be clear: our strong preference is, and remains, for the Minister of Health and his Department to take responsibility for upholding these rights, commissioning services, and delivering on what the law now clearly allows.

[Carla Lockhart]

Thank you for granting this urgent question, Mr Speaker. Will the Secretary of State confirm to the House that paragraphs 85 and 86 of the CEDAW report are not legally binding on the United Kingdom, and do not constitute international obligations, as confirmed in the explanatory notes to the 2021 regulations, therefore undermining the whole premise for forcing a change in Northern Ireland’s abortion law in 2019? Can the Secretary of State also confirm that according to the devolution settlement established by the Belfast agreement, access to abortion services is a devolved issue and this action represents a breach of the Belfast agreement? Furthermore, can he confirm that his sole legal basis for intervention in this area is section 9 of the Northern Ireland (Executive Formation etc) Act 2019, and that during the passage of that Bill, which was opposed by every Northern Ireland MP who took their seat, it was made clear that the only reason Parliament was interfering in this issue was that there was no sitting Assembly at that time?

Will the Secretary of State explain why he has chosen to take action to use his powers in relation to abortion under section 9 but has failed to act in his duties in relation to the Executive’s failure to introduce payments for victims, under section 10 of the same Act? I know that the Secretary of State shares my support for the Union, but does he not understand that at the heart of the devolution settlement must be a respect for areas that have been determined to be for the devolved authorities? There is still time for him to think again before he takes action that will undermine and further destabilise the devolved institutions. It is time for the Government to recognise the error of their ways, repeal section 9 and restore Northern Ireland’s life-affirming laws.

[Brandon Lewis]

I recognise the hon. Lady’s consistent position on this, the strength of feeling on this issue and the contributions she has made in previous debates and conversations in this House, and indeed in the conversations she has had with me and with the Minister of State, my hon. Friend the Member for Worcester (Mr Walker).

It is important to be clear that Parliament stepped in. Parliament placed me under this legal obligation during a period of no functioning devolved Government in Northern Ireland. Even though the Executive and the Assembly have now been in place for more than a year, those legal duties do not fall, and have not fallen, away.

I appreciate the points the hon. Lady made about comparisons with payments to victims, but I should point out that that matter is being progressed by the Executive; it is being delivered on, that scheme will open shortly and victims will be paid. I share the frustration of a number of Members in this House that the Department of Finance and the Executive have not yet allocated the moneys that the Department of Justice needs to move forward with that, and I hope that they will move on with that. However, that scheme is actually being progressed by the Executive, and the victims will be able to apply shortly.

We have been clear, and we have conveyed the message to the Health Minister and his Department throughout, that it is crucial that abortion, as a fundamental healthcare service, is delivered and overseen locally by the Department of Health. That ensures that it is delivered in a sustainable way and becomes embedded in the health and social care system in Northern Ireland in the long term.

I fully appreciate that abortion is an extremely emotive subject, but we must not lose sight of the women and girls in Northern Ireland who are absolutely at the heart of this matter. It is unacceptable that there are women and girls in part of the UK who cannot access these fundamental rights, as they can elsewhere in the UK. Even though the law was changed some 12 months ago, services have not been commissioned yet, and that leaves many women and girls in vulnerable positions.

I have spoken to many women and healthcare professionals in Northern Ireland, and some of their experiences are truly harrowing. Too many women and girls are still having to travel to other parts of the UK—to mainland Great Britain—to access this care. One story was of a much-wanted pregnancy where, sadly, doctors informed the mother that the baby would not survive outside the womb. This woman had to travel to London, without her network of family support, to access healthcare. She described to me a harrowing ordeal, where she was unable to travel back on a flight to her home because of complications and bleeding. She was stranded in London, alone, grieving and in pain. I have been informed of two other women who have attempted suicide in the past year after their flights were cancelled and so they were unable to travel to England for proper care.

The distress and unacceptable circumstances that women and girls continue to face at a time when local access should be readily available, given that the law changed more than a year ago, is unacceptable. It is only right that women and girls in Northern Ireland are able to make individual informed decisions with proper patient care, the provision of information and support from medical professionals, based on their own health and wider circumstances—similar to women and girls living elsewhere in the United Kingdom. We have used every opportunity and avenue to encourage progress and offer our support over the past year. That is why I am so disappointed that we have reached this impasse.

We take this step now to further demonstrate our commitment to ensuring that women and girls can safely access services in Northern Ireland. Our priority is to ensure that the Department of Health takes responsibility for commissioning full services, consistent with the conditions set out in the Abortion (Northern Ireland) Regulations 2020. That is why we are moving forward in this way. While Parliament considers the regulations, we will continue to engage with the Minister of Health and the Executive to try to find a way forward over the coming weeks before any direction is given.

[Sir Peter Bottomley (Worthing West) (Con) [V]]

The hon. Member for Upper Bann (Carla Lockhart) has done the House a service by raising this issue. Her predecessor gave the House his advice on relationships before he left.

The choice is between compassion and politics. I put it to the Secretary of State that the key point is this: if there is going to be an abortion, it should be legal, safe, early and local. There has been too much delay. Let us put first the interests of women and girls. Going south or coming east is not the answer. Let us get on with it. I hope he understands he will have support from most people in Northern Ireland.

[Brandon Lewis]

My hon. Friend is absolutely right. We have to make sure that people are getting access to the right healthcare. It is a legal obligation on us following the Parliament vote, but he is right that we need to make sure people get the right healthcare at the right time and in the right way, and do not have to go through the challenges they face at the moment.

[Alex Davies-Jones (Pontypridd) (Lab) [V]]

I thank the hon. Member for Upper Bann (Carla Lockhart) for raising this important issue. We respect the dearly held convictions of all those who make their case today, but it is important to remember how we reached this point. The existing laws, according to the United Nations, amounted to a “grave and systematic” violation of women’s rights in Northern Ireland. This Parliament had and still has a duty to act to uphold those rights.

The amendment tabled by my hon. Friend the Member for Walthamstow (Stella Creasy) gave women in Northern Ireland a right to a safe, local abortion. Parliament made its will clear. No longer will we ask women to use unsafe, unregulated services or to make a heartbreaking journey across the Irish sea to seek an abortion in Britain. That was why the vote on that amendment tabled by my hon. Friend passed overwhelmingly. It was the clear will of this House.

Nineteen months on from that vote, it is extraordinary that women and girls are still being denied safe, local services. We know of more than 100 women who have been denied access to services, leaving them in the desperate situation of travelling alone across the Irish sea or accessing unregulated medicine online. The cycle of inaction must end, so I urge Ministers in Northern Ireland to commission these vital services.

The cross-party letter supporting the Secretary of State’s decision to step in demonstrates the continued strength of feeling across the House. The Government will have our full support when the regulations come before the House for a vote, but I would be grateful if the Secretary of State could provide a date for when that is likely to be. Can he also outline the deadline for when he intends to use the powers contained within the regulations if services have not been commissioned in Northern Ireland? Will it be before the Northern Ireland Human Rights Commission takes him to court in May?

As a Welsh Member of Parliament, I fully understand the sensitivities around the devolution settlement. The United Kingdom is at its best when we work together to uphold fundamental rights, and those obligations lie with this Parliament and with the UK Government. Labour has always been clear that where those rights are being denied, there is a moral and legal duty for the Government to act. That is happening now in Northern Ireland. Quality healthcare is a basic human right. The time to act has long come and gone. For the sake of women and girls in Northern Ireland, it is vital that access to these services is commissioned immediately.

--- Later in debate ---

[Brandon Lewis]

The hon. Lady has strongly and powerfully outlined the importance of why we all hope that the Minister of Health in the Northern Ireland Executive will move forward and commission services in a way that is right and appropriate in Northern Ireland, using that local knowledge and expertise and making it, as I said in my opening remarks, sustainable. She has strongly outlined the cross-party support for that, and I know that colleagues on the Government Benches have argued strongly for this in the past as well. The House showed, through the size of the vote last year, a strong will to see this healthcare properly provided, as it rightly should be across the UK so that people can get the support and care that they need close to home and locally. I appreciate her comments and her support for that.

[Bob Stewart (Beckenham) (Con)]

May I ask my right hon. Friend how many women and girls, during the pandemic, have had to make that awful journey across to England, Wales or Scotland to have an abortion?

[Brandon Lewis]

My right hon. Friend highlights the point that the simple answer is too many. To be frank, any single case is one too many, particularly if we think about the circumstances through the pandemic, and I outlined a couple of harrowing examples a few moments ago. Having to travel across to mainland Great Britain without the network of family support that one would normally hope to have when going through this kind of procedure with medical support is just a harrowing thought, and some of the stories are just too emotive to do justice to or to outline here today. We have to ensure that that does not continue and that people can get the support they need close to home, locally in Northern Ireland.

[Stella Creasy (Walthamstow) (Lab/Co-op) [V]]

I thank the Secretary of State for his efforts to uphold the human rights of all women in the United Kingdom. The Department of Health in Northern Ireland has said that, because this is a new service, it will need additional funding to provide it. Will the Secretary of State confirm that his officials have spoken to the Department of Health and that the funding will be provided, so cost will not be a barrier to ensuring that the women and girls of Northern Ireland can access abortion should they wish to do so?

[Brandon Lewis]

We are talking to the Department of Health all the time, and we will obviously continue to—I myself have spoken to the Minister of Health consistently. This is something that the Department has the funding for. There is a substantial block grant for the Executive to make their decisions, and we got that £900 million uplift in the spending review just last year. The Department of Finance outlined just a few weeks ago the underspend on last year, so there is no issue with money. At the moment, there is obviously a substantial cost for people who are having to travel from Northern Ireland to mainland Great Britain, in a way that is financially inappropriate, let alone unjustifiable morally and in healthcare terms.

So this is something that the Northern Ireland Executive can provide and that the Department of Health should be moving on with. We will continue to work with them to ensure that that is done, giving them whatever support we can, but, ultimately, I think we would all much rather see this being provided and worked through by the Department of Health locally in Northern Ireland than this Parliament having to take the action we are taking now.

[Nick Fletcher (Don Valley) (Con) [V]]

Does the Minister agree that if this House is to help preserve the Union and respect the wishes of the people of Northern Ireland, we should refrain from imposing unwanted primary legislation on this part of the UK? After all, poll after poll shows that Northern Irish voters are against the liberalisation of abortion laws.

[Brandon Lewis]

On this occasion, Parliament stepped in on human rights grounds to ensure that women and girls have equal treatment and equal access to important healthcare services available to women and girls living in other parts of the United Kingdom. We also need to be clear that this is not something we have unilaterally imposed on Northern Ireland. We undertook a public consultation on the regulations in late 2019, which included engagement with, and carefully listening to the views of, the Northern Ireland political parties, medical professionals, women’s groups, civil society, religious organisations, service providers and women with lived experience. It is now crucial that the Department of Health in Northern Ireland takes responsibility for commissioning abortion services in line with the legislative framework that is in place.

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

This week, the all-party parliamentary group on sexual and reproductive health, which I co-chair, along with the president of the Royal College of Obstetricians and Gynaecologists, the president of the Faculty of Sexual and Reproductive Healthcare and the chair of the Northern Ireland regional FSRH, wrote a letter supporting the Secretary of State’s actions. Clinicians are frustrated by the continued failure to commission abortion services in Northern Ireland and cannot see any legitimate reason for the delay in commissioning services, which are governed by regulations. What message does the Secretary of State want to send today to clinicians in Northern Ireland?

[Brandon Lewis]

I appreciate all the right hon. Lady’s comments. There are two clear messages. First, I thank all those medical professionals for the work they have been endeavouring to deliver; as I say, there has been some provision on the ground since April last year, with around 1,100 women and girls looked after. Secondly, however, we recognise the need to ensure that, while Parliament considers these regulations, we work with the Department of Health in Northern Ireland to commission these services in the way that it should have been doing in the first place, rather than our having to take action here in this Parliament.

[Caroline Nokes (Romsey and Southampton North) (Con) [V]]

Yesterday, the Women and Equalities Committee heard from the Northern Ireland Human Rights Commission on this subject. We heard harrowing stories, as my right hon. Friend the Secretary of State has pointed out, including of women forced to take overnight ferries to the United Kingdom for a termination having to return the same day, because of course, during the pandemic, no hotels were open for them to stay in. I know he takes this duty seriously and that we are discussing this today because of the failure to commission safe services locally. I thank him for the action he is taking, but also ask that he uses every endeavour to make sure that services are commissioned swiftly, so no more women have to make those journeys.

[Brandon Lewis]

My right hon. Friend is absolutely right. I give her my assurance that we will continue to work with the Department of Health to ensure that it commissions these services as quickly as possible. Obviously, the principle of these regulations, which are subject to the affirmative procedure here in the House, means that we will have the power to direct should we need to do so. I hope that, in the next few weeks, while Parliament debates and discusses this issue, the Department of Health, which we stand ready to support and work with, is able to commission these services locally, so that, as she outlined, women and girls in Northern Ireland can get good, appropriate healthcare, in the way that anyone across the United Kingdom can, locally in Northern Ireland. That is what should happen, and I hope that it will, but we must make sure it does.

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

We of course want women in Northern Ireland to have access to the best healthcare, but we also believe passionately in protecting the life of the unborn child in Northern Ireland. That view is shared right across our society and is the view of a majority in the Northern Ireland Assembly. The Government seek not only to impose abortion regulations on Northern Ireland but to direct the Northern Ireland Executive to implement regulations that they never signed up to. Surely it should be left to local Ministers to decide what services to commission and not for Westminster to impose its view, in breach of the devolution settlement.

[Brandon Lewis]

As I said earlier, I absolutely recognise the sensitivity and the strength of feeling of people across the House, in some cases, and as the right hon. Gentleman outlines, in Northern Ireland. First of all, this is about ensuring that we follow through on the legal obligations that Parliament put on me. It is also only right that women and girls in Northern Ireland are able to make those individual, informed decisions, with the right medical support and advice provided locally, based on their own health and wider circumstances, in the way that women and girls living elsewhere in the United Kingdom can. I absolutely fervently hope that the Department of Health in Northern Ireland and the Minister for Health in Northern Ireland will take this forward and deal with it locally, so that Parliament does not need to take further action.

[Huw Merriman (Bexhill and Battle) (Con)]

I thank the Secretary of State not only for taking this action but for using the power of the Dispatch Box to tell harrowing tales of what women and girls have had to suffer. I went to Northern Ireland some years back and heard those same tales, and I vowed that I would do what I could to bring about this change. Equally, I have respect for those across the divide who have a very different view. Does he agree that views are now irrelevant, and that what is relevant is the law? The law is clear and has been passed by Parliament—a view has been expressed by Parliament. If that were not the case, does he agree that another of those unfortunate victims in Northern Ireland would have to go through the court process and compel him to act?

[Brandon Lewis]

My hon. Friend has been a powerful voice on this issue, along with other colleagues, over the last period. I know that a number of people appreciate the support he has given and everything he has done to make sure that women and girls in Northern Ireland get the right support and care. He is absolutely right: we really should not be in a position where people have to bring this matter to court individually in order to get the right healthcare. Parliament has put a legal obligation on us. There is now a legal requirement and a legal duty. I hope the Department of Health in Northern Ireland will take this forward itself, but we obviously have a legal and moral obligation in this House to follow through on the legal obligations that were put in place in 2019.

[Layla Moran (Oxford West and Abingdon) (LD) [V]]

I thank the Secretary of State for his robust defence of the human rights of women in Northern Ireland. I wonder whether he is aware of the troubling reports of women being wilfully misled by anti-abortion organisations, which encourage them towards anti-choice clinics, disguising themselves as abortion services. These clinics then string the women along until they are over 10 weeks, so ensuring that they cannot access early medical abortions in Northern Ireland.

That is happening because of a failure to commission services as there is not a clear pathway to abortion services. Have the Government made an assessment of how many women have been prevented from accessing early medical abortion services because they are being directed to these clinics?

[Brandon Lewis]

The hon. Lady makes a very important point. Even putting aside the legal and moral obligations of this House to ensure that the right healthcare is being provided in Northern Ireland, doing nothing, as some people may make a case for—I understand the sensitivities behind this—does not actually mean that nothing is happening. Doing nothing actually means that people are at risk of the kind of problems and misleading guidance and advice that the hon. Lady has rightly outlined.

There is also a risk that people turn to unofficial, shall we say, healthcare—inappropriate healthcare—that does not give them the right sort of healthcare. Actions and procedures then end up being performed illegally and in back-door areas in a way that means that people are not getting the right sort of support and healthcare. That leads to other complications and problems.

As the hon. Lady has said and others have referred to, as I did earlier, there are too many harrowing examples of people who have not been able to get access to healthcare in the right way. Whatever our views on these matters and the sensitivities, we need to ensure that women and girls in Northern Ireland, like those in the rest of the United Kingdom, have access to good quality advice and good quality, proper, official well advised healthcare that takes into account their own individual needs.

[Sir John Hayes (South Holland and The Deepings) (Con) [V]]

Given what the Secretary of State has just said about people being misled, will he be clear that the assertion that Northern Ireland is violating human rights obligations is simply untrue? CEDAW reports are not binding in law and the CEDAW convention, which is, does not even mention abortion.

Surely the Secretary of State must know that the imposition of this measure, against the express democratic wishes of the people of Northern Ireland, is not only unjust and unwelcome, but rooted in an entirely invalid assertion?

[Brandon Lewis]

I say to my right hon. Friend that this is a matter of domestic law; I have been clear about that. It is about the legal obligation taken forward from this House in 2019. It requires us and the Northern Ireland Executive to ensure that they have an offer and services that are CEDAW-compliant. My right hon. Friend is absolutely right that the implication and obligation of that are in domestic law; it is not an international law issue. But it is a domestic law.

These regulations are not actually about opening up the abortion laws themselves; they are about applying the laws in place that mean that Northern Ireland women and girls will have access to care in the same way as they would elsewhere in the United Kingdom.

[Hannah Bardell (Livingston) (SNP) [V]]

Polling by Amnesty and others has consistently shown that Northern Ireland is pro-choice. I have had the great privilege of meeting Sarah Ewart and Denise Phelan—two women who have campaigned tirelessly for abortion rights and human rights in Northern Ireland. They both suffered the most traumatic and devastating of losses: fatal foetal abnormalities that meant that they needed an abortion. But they could not even access the most basic of healthcare in Northern Ireland. Will the Secretary of State make sure that their suffering and trauma and their bravery in speaking out and campaigning are not in vain? Does he agree that wherever in the world a woman is, she should have the right to choose and to have her dignity and human rights upheld?

[Brandon Lewis]

The short answer is absolutely yes; the hon. Lady is absolutely right. I would go further. She has outlined a couple of specific cases. I did not name people, for a particular reason that she will appreciate. This is not a criticism of what she said at all. She is absolutely right and I know the individuals concerned. It is not just the poor access to healthcare and the harrowing examples that I outlined—the hon. Lady gave an example of a couple of people who have been through dreadful situations—but the bravery of those women in having the strength to stand up and highlight the issues so that others can understand. I also fully understand the abuse that they have had to withstand for speaking out and being clear about their own experience. That is unacceptable and we should all be calling it out.

[Sir Edward Leigh (Gainsborough) (Con)]

Will the Secretary of State be honest and open with the House? He quotes section 9 of the 2019 Act. This House took the fact that the Assembly was not sitting as an excuse to impose its views on Northern Ireland. The Assembly is now sitting. The abortion industry talks about the right to choose; what about the right to choose of the people of Northern Ireland? What would happen if they tried to impose their views on us? The fact of the matter is that Northern Ireland can run its own Government as long as they keep doing things that we do not disagree with. This is not democracy. Whatever our views on abortion, the Secretary of State is putting the Union at risk. The fact is that the overwhelming majority of the people of Northern Ireland believe in the sanctity of life. They oppose abortion. They have their own devolved Administration. They should be allowed to run their own affairs.

[Brandon Lewis]

My right hon. Friend makes a strong point about devolution. It is absolutely right that the devolved Administrations have the ability to move on and deliver on their own affairs, and I absolutely hope that the Northern Ireland Department of Health will do that. This is not about us stepping in on a devolved matter, although I appreciate that others have made that case; it is about us ensuring compliance with the legal duties that Parliament imposed on us in mid-2019. Those duties are such that I am under an obligation to ensure that all the recommendations in the CEDAW report are implemented in Northern Ireland. The fact that the Northern Ireland Executive are back—that is a very good thing, and I hope they will take this forward; of course, they have been able to take it forward themselves with any amendments they like—does not remove the legal obligation on the Government to take forward what was voted on in this House in 2019.

[Stephen Farry (North Down) (Alliance) [V]]

As a Northern Ireland MP, I strongly support what the Secretary of State is doing, and I stress that there is large-scale support in Northern Ireland for these actions. It is simply not tenable to have a right on paper but not in practice, and for different reproductive rights to exist across the UK. Will he give a timeframe in which he may potentially use these powers, and an assurance that he will not allow the Northern Ireland Executive to drag this issue out indefinitely?

[Brandon Lewis]

I hope that the hon. Gentleman will see that our laying these regulations now is a clear indication that we are not in a position where we think it is appropriate for this to be dragged on much further. Obviously, there is a process through this House; the regulations are subject to the affirmative resolution procedure, so the House will discuss and debate them. I passionately hope that, in the next few weeks, while this House is doing that, there is still time for the Department of Health and the Northern Ireland Executive to take this on board and take it forward in a way that is right and appropriate for them, with the expertise that they have locally, and to do so driven by the Department of Health in Northern Ireland. However, we are taking this power as a clear indication that that cannot go on indefinitely and they do need to take action.

[Fiona Bruce (Congleton) (Con) [V]]

Is it not true that this legislation was based on an incorrect assumption that Northern Ireland was in violation of human rights obligations? Repeated assertions were made—they have been made even today in this place—that this is a matter of human rights law. Those were based originally, as I understand it, on the work of a small working group of CEDAW. May I ask the Secretary of State again: is it not correct that that CEDAW report is not binding in international law and that this Parliament chose to treat certain assertions in it as binding? Surely, that is no answer to the unwarranted and unwanted imposition of this legislation on Northern Ireland’s people now that their Assembly is back up and running.

[Brandon Lewis]

As I have outlined, these regulations are about the UK Government fulfilling our legal obligations imposed by Parliament in 2019, and it is about ensuring that women and girls in Northern Ireland have access to the same quality and kind of healthcare that they would have anywhere else in the United Kingdom. As Northern Ireland is part of the United Kingdom, it is right that people in Northern Ireland have access to healthcare in the same way they would if they were on mainland Great Britain.

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

The Secretary of State on a number of occasions has talked about healthcare for women and girls, and we concur—it is important to look after expectant mothers and young pregnant woman—but the one thing he has not mentioned and the one person he has not mentioned is the right of the unborn child. If Parliament is seeking to overlook the devolutionary settlement in that regard and he is seeking to do that, who will look after the rights of the unborn child?

[Brandon Lewis]

The hon. Gentleman has outlined the strength of feeling, and as I said earlier, I appreciate that there are strong feelings on this issue. It is a sensitive issue across the United Kingdom—we refer to Northern Ireland, but I know that people have strong views on this across the House and across the country. He has also outlined, I would argue, why it is right that we ensure and the Department of Health ensures that women and girls have access to proper quality, qualified healthcare and support in Northern Ireland, as they would elsewhere in the United Kingdom, to ensure that they are not being treated unofficially, potentially by people who are not properly qualified to assess the genuine individual needs of any given case. A medical professional is, and that is why it is right that this is done in the way that it is elsewhere in the UK and they get the proper support that they should be and are entitled to.

[Scott Benton (Blackpool South) (Con)]

There is nothing more important than the Union between Great Britain and Northern Ireland, but this relationship needs to be built on mutual respect, not coercion. These abortion regulations are a democratic and constitutional assault on Northern Ireland. Can my right hon. Friend explain why he has taken on new powers to enforce measures on abortion that were predicated on the continued absence of a sitting Assembly, when that Assembly has now been in situ for over 14 months and has voted against the first section 9 regulations?

[Brandon Lewis]

As I have said, the legal duties imposed by a significant majority of Parliament in mid-2019 are such that I have an ongoing role legally in this issue, and that duty did not fall away with the restoration of devolved government in Northern Ireland. My clear preference is and has always been that the Department of Health takes responsibility for delivering this healthcare, and to that end, we have given every opportunity and offered support to the Minister of Health and his Department to take this forward for more than a year now, but no progress has been made. While Parliament considers these regulations, we will continue to engage with the Minister of Health and the Executive to try to find a way forward over the coming weeks before any direction is considered to be given.

[Karin Smyth (Bristol South) (Lab) [V]]

I welcome the Secretary of State’s clear reference to the duty on him and welcome his personal work to learn of these harrowing cases; I totally agree that one journey made, particularly in an epidemic, is far too much. Does he agree that the United Kingdom seeks to be a beacon across the world for the rights of women and girls and supports many countries in access to healthcare, including abortions, and that the continued lack of this service within the United Kingdom is a stain on our reputation? I know that, as a strong Unionist, he is keen to assert that. Does he agree that getting this sorted now and working with Northern Ireland is critical to the future of the United Kingdom and the role that we want to play in the world?

[Brandon Lewis]

The hon. Lady makes an important and powerful point, which does not surprise me, because I know that she has worked hard on this issue and been a strong proponent of it for some time, including in her previous role as shadow Minister for Northern Ireland. I commend her for the work she has done, particularly with the Minister of State, Northern Ireland Office. I know that she has always been a fulsome supporter of ensuring that women and girls in Northern Ireland get access to the same quality healthcare that they would elsewhere in the United Kingdom. She is quite right that that allows the United Kingdom to continue to lead globally in making the case for ensuring that women and girls around the world get the good-quality healthcare that they rightly deserve.

[Bob Blackman (Harrow East) (Con) [V]]

My right hon. Friend has rightly referred to the sensitivities around abortion not only in the United Kingdom but across the world. However, the situation here is that we in this House imposed on Northern Ireland rules when the Assembly was not sitting. The Assembly is now sitting and considering what is appropriate for Northern Ireland. Would he not consider stepping back and saying, “Let us hear from the Executive and the Assembly,” and then dropping the powers that we imposed in the emergency?

[Brandon Lewis]

I recognise that Parliament stepped in at the time it did in the way it did and imposed this duty on me on human rights grounds. However, the duty to implement the CEDAW recommendations in this context, as I have said, is a matter now of domestic law, with that legal obligation. We as a Government take our responsibility and our obligations in this regard very seriously and have always engaged constructively with the UN treaty body processes. It is only right that women and girls in Northern Ireland now are able to access safe local healthcare similar to that available to women and girls living elsewhere in the United Kingdom. I fervently hope, as I have outlined already this afternoon, that this is something the Department of Health and the Executive, even in these next few weeks, will find a way to be able to take forward in the way they feel is most appropriate for Northern Ireland, and to do so in a positive way for women and girls in Northern Ireland, therefore avoiding us as a Government or as a Parliament having to take any further action.

[Ian Paisley (North Antrim) (DUP)]

The Secretary of State tells the House that he is under a duty to invoke a piece of law that has been overtaken by another piece of law. The actual law on standing today is the devolved settlement, which is very clear that abortion is a devolved matter and services arising from that are a devolved matter.

The Secretary of State speaks very emotively and emotionally from the Dispatch Box today saying that he speaks for women and children—“for women and girls”, I think was his phrase—and that he has a moral obligation to do that. Where is his moral obligation to stand at that Dispatch Box and defend the most vulnerable of lives—the unborn life? When is someone from the Government going to actually do that and defend that vulnerability, or is the unborn life an unfortunate commodity that can be disposed of so lightly? That is the point that is being made.

The carefully balanced New Decade, New Approach agreement, which the Secretary of State is signed up to, is being upset by the Secretary of State. Indeed, today’s report, the “Review of UK Government Union Capability”, says:

“A core principle underpinning…devolution…is…respect”.

Where is the respect for the Government of Northern Ireland, for the people of Northern Ireland and for the unborn lives in Northern Ireland?

[Brandon Lewis]

I do recognise the point the hon. Gentleman has made, and it is a point he has made to me directly on a number of occasions, about the unborn child. I have to say and I appreciate that this is an area where we do not have a similar view. There are many where we do, but not on this one. I do actually think that the situation of an unborn child is a hugely important issue, and it is something that we do need to ensure is properly respected and understood. The best way to do that is to make sure that proper, qualified, official health officials are able to give the right care, advice and support to women and girls in Northern Ireland. Part of the danger of the situation at the moment is that there are too many cases of women and girls, as was outlined by Members earlier this afternoon, who are sadly taking advice from the wrong quarters, making bad decisions and suffering badly—and, potentially, unborn children suffering badly—through bad healthcare that is not properly provided. I would argue that that is also a reason why this should be taken forward.

I do agree that I would like to see this being taken forward in the most appropriate way for Northern Ireland by the Northern Ireland Executive. They have not been able to do that over the last year, and there is still—even after the New Decade, New Approach deal, which we are all working to ensure is delivered, even in the difficult times of covid—a legal duty on me, as per the Act of Parliament in 2019, to make sure that these services are provided. I will continue to work with the Department of Health to make sure we do everything we can to make sure this is taken forward locally in Northern Ireland, but this does need to be taken forward.

[Jacob Young (Redcar) (Con)]

I thank the Secretary of State for the care and sensitivity with which he has approached this matter. He knows that I, as a Unionist, am deeply uncomfortable with the position that we find ourselves in. However, I equally accept that he has a legal duty to act based on amended legislation and votes in this House. Can the Secretary of State confirm that it is possible for the Northern Ireland Assembly to develop its own plans provided that they are CEDAW-compliant, and that it is still the policy of the UK Government that sex-selective abortion is illegal?

[Brandon Lewis]

My hon. Friend makes a very important point. I absolutely respect that point and his feelings on the issue. He is right that abortion remains a devolved issue, as others have rightly outlined. The Assembly can therefore seek to amend the regulations in a way that is compliant with convention rights. I absolutely recognise the sensitivities on the issue and take them very seriously, but the regulations, as he has highlighted, do not allow abortions on the grounds of sex selection. We will continue to work with the Department of Health to ensure that the right and proper official healthcare can be provided for women and girls in Northern Ireland on what is a very sensitive issue.

[Charlotte Nichols (Warrington North) (Lab) [V]]

Women in Northern Ireland have waited decades for the same rights as women in the rest of the UK. Since the regulations became law at least 200 women have had to travel to Britain in the middle of a pandemic to access abortion services, and the Northern Ireland abortion and contraception taskforce reports that two women attempted suicide after their flights were cancelled and they were unable to travel for abortion in the absence of safe and legal healthcare in their own area. For those listening today, how long will they now have to wait for abortion services in Northern Ireland to be commissioned? Will the Secretary of State put a deadline on using the powers outlined in the written ministerial statement on Tuesday?

[Brandon Lewis]

The hon. Lady has outlined some of the harrowing examples that too many of us have heard or read about. We need to ensure that that does not happen to women and girls in the future. That is why we are bringing forward these regulations now. I fervently hope that we will be able to work with the Northern Ireland Executive, and that the Department of Health with the Executive will find a way to take this forward. The timeframe for the regulations is now a matter for this House, as it is an affirmative procedure situation, but it is clear from the fact that we are bringing this forward that the situation described by the hon. Lady will not be allowed to continue. We are putting these regulations in place so that we are able to take this action should we need to; it is a clear indication. If the Northern Ireland Executive are going to sort this out themselves, they need to do so swiftly—otherwise, once the measures have been through Parliament, we will be looking to ensure that these services are provided in Northern Ireland.

[Angela Richardson (Guildford) (Con)]

Although some people may wish to use this opportunity to reopen the discussion on the abortion regulations themselves, does my right hon. Friend agree that that time has passed and that instead we should be focused on ensuring that the legal right for women and girls to access full abortion services in Northern Ireland is implemented?

[Brandon Lewis]

My hon. Friend is absolutely right. We are not seeking to reopen the debate on the Abortion (Northern Ireland) Regulations 2020, as they were approved by a significant majority of the House. They delivered a framework that strikes a balance between delivering CEDAW compliance, ensuring the health and safety of women and girls, and giving clarity and certainty to healthcare professionals. I want to put on record my thanks to the medical professionals in Northern Ireland who have been working to deliver and support the rights of women and girls in this regard so far, but it is crucial that the Department of Health in Northern Ireland takes responsibility for delivering these services in line with the regulations.

[Gavin Robinson (Belfast East) (DUP) [V]]

Madam Deputy Speaker, may I pass on my appreciation to Mr Speaker for allowing this urgent question? In my view, the Secretary of State should have been in the House on Tuesday and he should have brought forward a ministerial statement.

I am pleased with the Secretary of State’s comments in response to the last question, because throughout the course of this urgent question to suggest that this is about applying the law, and offering appropriate and quality healthcare, dismisses entirely the fact that our healthcare professionals are applying the law. The chief medical officer was incredibly clear about that this morning; he has taken it upon himself to advise healthcare professionals of their obligations, and the services are being provided. That has been lost in the course of this urgent question. Can I ask the Secretary of State to be incredibly clear with the House—at any point, even though services are being provided today, has the Health Minister in Northern Ireland suggested that he will not commission those services?

[Brandon Lewis]

A few points arise from what the hon. Gentleman has just outlined. First, the action we have taken this week was outlined on the Floor of the House during oral questions. We laid a statement on Tuesday. This action is being taken under the affirmative procedure, so it will be a matter for debate and can be properly discussed in this House. It is about our legal obligations as per 2019 to ensure that the services are properly provided.

We are now, as an hon. Friend outlined earlier, some 14 months on from the re-establishment of the Executive and the Department of Health is not at this stage providing the full range of services, although the hon. Gentleman is absolutely right that, as I outlined in my opening remarks on this urgent question, some 1,100 individuals—women and girls—have been given services over the last period. I thank the health professionals for doing that, but there are still far too many individuals who are having to travel to mainland Great Britain to get the full range of medical support and services—services that are not available in Northern Ireland which are available elsewhere in the UK. We are under a legal obligation to ensure that that ability to access healthcare for women and girls in Northern Ireland is similar to that across the rest of the United Kingdom.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I will now briefly suspend the House in order that arrangements can be made for the next item of business.