Northern Ireland: Murder of Lyra McKee

Jeffrey M Donaldson Excerpts

Tuesday 23rd April 2019 Commons Chamber

[Karen Bradley]

The hon. Lady speaks powerfully and I agree absolutely with what she said.

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

I once had the privilege of being interviewed by Lyra when she was working on a book about the late Robert Bradford, who was Member of Parliament for Belfast South. I found her to be a warm, humorous and very talented young women, and I echo the comments that have been made in sympathy with all her family and friends.

One worrying aspect of this incident was the young people present who were cheering as the gunman fired those fatal bullets that killed Lyra. We see displays of men in paramilitary uniforms who belong to this organisation, walking openly in Dublin and flaunting themselves in Milltown cemetery in Belfast. If we are not to encourage the next generation to believe that there is something right in what these people do, we must surely do something to prevent these naked displays of terror and paramilitarism in public places.

[Karen Bradley]

The right hon. Gentleman makes a very powerful point. When I visited Londonderry on Saturday, I heard people say that they want this to end, that this was not what they wanted to see, that it was not the Northern Ireland they wanted to be part of and that these people did not represent them. The tragedy is that so many of the people involved are young people who were not even born at the time that the Belfast agreement was signed. They have been groomed by evil people who have put them in a position where they have ended up murdering an innocent journalist. We cannot allow that to happen. They will have heard the unity of the House’s voice very, very loudly.

Northern Ireland Executive

Jeffrey M Donaldson Excerpts

Tuesday 23rd April 2019 Commons Chamber

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

I am reluctant to see this legislation come forward. Like all my colleagues, I have been out on the doorsteps in my constituency over the last few days and most of the Easter period. I have been in Lisburn, Moira, Hillsborough and Dromore, talking to people about politics in the local government elections and supporting our DUP candidates. At door after door, the message has been clear: “When are we getting Stormont back? When will we have a functioning Assembly and Executive?” At one level, I am encouraged by that, because it clearly demonstrates that the people of Northern Ireland have taken ownership of the devolved institutions, flawed though they may be and difficult though they are to operate. There is no doubt that a strong majority of people in Northern Ireland recognise that governance in Northern Ireland on the day-to-day issues—the bread and butter issues—is best done by local politicians in the Assembly and the Executive. I know that the Secretary of State and the Minister of State agree with that.

That is not to say that when we had direct rule in the past, we did not have a form of government that functioned in Northern Ireland. It was not the preferred form, but I echo the comments of my right hon. Friend the Member for Belfast North (Nigel Dodds); I disagree that direct rule is somehow undesirable or undemocratic. When I was first elected as a Member of Parliament, Northern Ireland was under direct rule. As my right hon. Friend said, even since the 1998 agreement, we have had periods of direct rule, and government is provided.

At the moment, like all my right hon. and hon. Friends, I am frustrated, because I encounter on a daily basis issues on which decisions need to be taken at ministerial level and are not being taken. The people I represent are being affected in terms of healthcare provision, education funding and a multiplicity of other areas. Justice is another such area—appointments need to be made but cannot, and decisions are required but cannot be taken, and it is having an impact on the people whom my party and I represent. My right hon. Friend is right to point out that there is an impact. We cannot say, as the explanatory memorandum suggests, that there is no discernible impact, because there is.

I thank the hon. Member for Lewes (Maria Caulfield) for her comments. Despite all this, Northern Ireland is doing well. I am tired of listening to some political commentators who have never done politics talking Northern Ireland down all the time, despite the fact that we have the lowest unemployment we have had for years, that we are still attracting investment and creating jobs and that we have more visitors coming to Northern Ireland than we have for decades. There is a lot of positivity, but we need a functioning Government at Stormont.

[Lady Hermon]

I am quite sure the right hon. Gentleman will agree with me when I say, as we watched the leaders of the political parties in Northern Ireland such as the Alliance party, the DUP and Sinn Féin coming to the Creggan at the weekend after Lyra McKee’s murder—and it was murder: it was not an accident; it was murder—that there was an expectation throughout the community that she would not have died in vain, and she cannot be allowed to have died in vain. The people of Northern Ireland would love to see—I am speaking as an independent Member, but I reflect this to the right hon. Gentleman and his colleagues—a genuine, sincere coming together of the political leaders of all the parties in Northern Ireland to get our Assembly back again, which would be a wonderful memorial to Lyra.

[Sir Jeffrey M. Donaldson]

I am absolutely happy to reassure the hon. Lady that if the Secretary of State were to convene the Assembly on Thursday, the day after the funeral of Lyra McKee, the Democratic Unionist party from its leader down would be there, and all our MLAs would be there and ready to take up office and to get on with the job of providing good government for Northern Ireland. I say that to the hon. Lady without any preconditions whatsoever.

We are ready to do the job; this party is ready to act; and I long for the day when we see local Ministers back in Stormont again. However, that does require leadership, and when I consider the issues that need to be dealt with, they pale into insignificance compared with the issues that we have dealt with in the past. As I have often said, the mountains in front of us are no higher than the mountains we have already climbed in Northern Ireland. Yes, I agree with the hon. Lady that the best and strongest message we can send—to that masked gunman in the Creggan, to those who cheered him on and to those who walk the streets of Dublin in their paramilitary garb, wanting to drag us back to the dark days of the past—is to get Stormont back up and running. That is absolutely the case, and it is echoed in the Belfast Telegraph editorial this very day.

As my right hon. Friend the Member for Belfast North (Nigel Dodds), the parliamentary leader of our party, has said, as our party leader said in the Creggan and as we as a party say in unison on these Benches today, we are ready to govern and we are ready to take our places in the Assembly and Executive. We do not want what has been brought before the House this evening; we want to get on with the job and sort out the issues, as we provide good government for Northern Ireland. I hope that day will come before we reach the expiry date in this. Let us not operate on the basis that that is a target date. Let us operate on the basis that we need government back in Northern Ireland tomorrow. The sooner we get it, the better for all the people of Northern Ireland, and we renew our commitment to do that.

Police Ombudsman for Northern Ireland: Legacy Cases

Jeffrey M Donaldson Excerpts

Tuesday 26th March 2019 Westminster Hall

[Albert Owen (in the Chair)]

Before we start the debate, I will issue a reminder to hon. Members that under the terms of the House resolution on the matter of sub judice, they should not refer to specific cases that are currently subject to legal proceedings. Hon. Members may, of course, speak on general issues. The Clerk will be advising and prompting me and I will rule accordingly.

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

I beg to move,

That this House has considered the role of the Police Ombudsman for Northern Ireland in legacy cases.

I welcome the opportunity for this debate this afternoon. I thank the Minister, the shadow Secretary of State and other colleagues for their presence and participation today.

I will say at the outset that this is a matter that rightly requires the attention of this Parliament, not a parochial issue for Northern Ireland MPs alone. Although the appointment of the Police Ombudsman for Northern Ireland is a matter for the Secretary of State for Northern Ireland and the finance is overseen by the Department of Justice, a devolved Department in Northern Ireland, legacy matters form a significant part of the work of the police ombudsman’s office, a significant part of which relates to national security, which of course is not a devolved issue. Therefore, I believe it is entirely appropriate that we consider these matters.

Hon. Members will be aware that there is currently an ongoing judicial review of one particular case investigated by the police ombudsman, which relates to a report on killings in 1994 in Loughinisland. I will not go into the detail of the judicial review, but I will refer to the case in general terms and give my view, as a public representative, on where I think the police ombudsman’s report was deficient in the context of the debate. This is not about the legal issues that are the subject of the judicial review, but if you feel I am straying at any stage, Mr Owen, you will of course bring me back into line.

It is worth recalling that the primary role of the police ombudsman in Northern Ireland is to investigate complaints by the public against police officers. That includes complaints linked to cases that are part of the legacy of our troubled past. Unlike most, if not all, types of—

[Albert Owen (in the Chair)]

Order. If I may just help the right hon. Member, this is a live case and there is a sense that this might prejudice it in some way, so I would be very careful in how he proceeds on this one. That is the advice I have been given and I ask him to take that on board now.

[Sir Jeffrey M. Donaldson]

Of course, Mr Owen, but since the ombudsman’s report is a matter of public record, it is entirely appropriate that public representatives comment on that report and its findings, and that is what I intend to do. I will of course be open to advice on this subject.

[Albert Owen (in the Chair)]

Just for clarification, it is important that we do not stray, and if hon. Members go further than discussing principles and policies, I will have to ask them to resume their seat.

[Sir Jeffrey M. Donaldson]

Thank you, Mr Owen.

As I was saying, unlike most, if not all, other types of ombudsman in the UK, the Police Ombudsman for Northern Ireland has significant powers that include powers of arrest, detention, interview and conducting searches on property. Indeed, the powers are similar to those of the police. Those functions must be carried out under both the Police and Criminal Evidence Act 1984 and the Regulation of Investigatory Powers Act 2000, and the police ombudsman must comply with the requirements of that legislation. Nevertheless, I think many people would be of the view that using “ombudsman” to describe the work of the Police Ombudsman for Northern Ireland might be a misnomer, given the wide, sweeping police powers that the Police Ombudsman for Northern Ireland has—unlike, I believe, any other ombudsman.

My comments today will focus on the making of section 62 public statements on findings arising from reports by the Police Ombudsman for Northern Ireland on legacy cases involving complaints that have been subjected to an investigation by the police ombudsman. Although I note that the police ombudsman has the right in principle to make such statements, I have significant concerns about the content of some of those statements and that the ombudsman may be exceeding their remit in that regard.

[Bob Stewart (Beckenham) (Con)]

I had no idea that the Police Ombudsman for Northern Ireland had such great powers. May I ask my right hon. Friend whether those powers include actually saying to the Police Service of Northern Ireland, “I require these officers, of this rank, to come and give me assistance.”? Is that what happens?

[Sir Jeffrey M. Donaldson]

In relation to current or contemporary investigations regarding complaints against police officers that are post the troubles, yes, the police ombudsman may require serving police officers to be interviewed and has the powers of arrest and detention of serving police officers. My focus today, nevertheless, is on—

--- Later in debate ---

On resuming—

[Sir Jeffrey M. Donaldson]

Before the Division, I was about to speak about a couple of cases that have given rise to concerns on my part and the part of others about the manner in which the police ombudsman’s office conducts its investigations.

I was going to talk about Loughinisland in a little detail, from the perspective of a public representative, but I will not now go into the detail, because of your advice, Mr Owen, that we may stray into areas covered by the judicial review. I shall merely say that, to date, the findings of court proceedings have not eased my concern about the manner of the report, the findings that arise from the report and, in particular, how evidence was gathered and those conclusions were drawn. I will not go into any further detail about the Loughinisland case, save to say, of course, that we must not lose sight of the fact that in each of these cases there are human tragedies.

In relation to Loughinisland, the murder of six Catholics by the Ulster Volunteer Force in 1994, in the Heights Bar, while they were watching a World cup game, is to be condemned without reservation. The issue for me is not that justice should be done for those six men—because it should—and that the perpetrators should be brought to justice; the issue for me is the police ombudsman’s findings in relation to the case.

I shall focus, perhaps a little more than I had expected to, on another case. It involved the killing of two people in the Creggan estate in Londonderry on 31 August 1988. It is sometimes referred to as the “Good Neighbour” bombing. It is a very tragic story, which in a way epitomises the tragedy of the Northern Ireland troubles. The resident of a flat at 38 Kildrum Gardens on the Creggan estate had been kidnapped by the Provisional IRA. They had planted in the property a booby-trap bomb that was permanently affixed and was designed to be triggered when someone entered the property—at any time. In that sense, it was an indiscriminate device: it would kill whoever walked into the property.

The Provisional IRA held the resident for a number of days, and the police in Northern Ireland became aware, through intelligence, that there was going to be an attempt to kill police officers. Although they were not given a precise location, the Creggan estate was identified as the general area. The police immediately introduced an exclusion zone for members of the security forces, because the intelligence that they had suggested that the device was aimed at the security forces, but they did not have any more detail than that.

As the days went by, other elements occurred that were linked to this incident. The IRA, becoming increasingly desperate because the security forces had not entered the area, never mind the property, tried a number of ruses to attract the police into the area so that they might trigger the device. That did not happen, and sadly, on the morning of 31 August—some six days after the kidnapping of the householder, I think—three of his neighbours went to investigate, because they had not seen the resident for a number of days. As good neighbours, they did the right thing and went to check on their neighbour. Sadly, on entering the property through a window, Sean Dalton, one of the neighbours, was killed instantly, along with Sheila Lewis. The other neighbour, Thomas Curran, was seriously injured.

Of course the IRA apologised for the killings, admitting that they had been a mistake, but to his credit, Dr Edward Daly, the then Bishop of Derry, presiding at the funeral mass of the two victims, said that the explosion did not go tragically wrong; it did what it was designed to do—kill people who went to the flat out of concern for the missing occupant.

Six years later, the relatives of Sean Dalton, one of the deceased, made a complaint to the police ombudsman’s office. They claimed that the police in Londonderry had been negligent in allowing civilians to approach the flat, and alleged that the Royal Ulster Constabulary was aware that the flat had been booby-trapped and therefore had failed in its duty, under article 2 of the European convention on human rights, to uphold the right to life of Mr Dalton.

The police ombudsman took eight years to investigate the case and, at the end of the investigation, concluded that, on the balance of probabilities, the police had been negligent and had failed to uphold Mr Dalton’s right to life. However, when we examine the police ombudsman’s report, we see that that conclusion is not based on hard evidence or facts; it is based on the balance of probabilities.

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

I congratulate my right hon. Friend on securing this very timely debate. Does he agree that in relation to this case, like so many others, we and the police ombudsman’s office have to ensure that, however intensive and comprehensive its investigations are, it must never allow the emphasis to depart from those who carried out the atrocity by allowing an investigation to stray into areas where more criticism is made of those whose job it is to try to deal with the aftermath than the people who perpetrated the act in the first place?

[Sir Jeffrey M. Donaldson]

My hon. Friend is absolutely correct in his assertion. Of course the appalling deaths of Sean Dalton and Sheila Lewis are to be condemned by us all. As has so often been the case in Northern Ireland, the actions of terrorists resulted in the tragic death—murder—of innocent people. The IRA cannot escape the disapprobation, the condemnation, of all of us for that heinous crime.

[Bob Stewart]

May I make one comment? I bet the police had no idea that the gentleman was missing. And may I ask one question? I know the area under discussion. How can the police, who always do what they can to save lives, be blamed in any way for what happened? As the hon. Member for East Londonderry (Mr Campbell) said, it is definitely something to be laid at the door of the Provisional IRA and the people who actually did it. Have they been brought to trial?

[Sir Jeffrey M. Donaldson]

The hon. Gentleman is absolutely right. Any reasonable person who read the police ombudsman’s report would conclude that the police did not know the precise location where the explosive device had been left by the Provisional IRA, did not know all the circumstances surrounding the incident—the kidnapping and so on—and had only broad general intelligence about an imminent attack on the security forces. However, the ombudsman concluded that the police failed to uphold Mr Dalton’s right to life. His death is tragic, and our hearts go out to his family; I understand their anger and their concern, but in the end it is the Provisional IRA who are to blame for that death, not the Royal Ulster Constabulary. I do not believe that the RUC had information available to it that could have prevented Mr Dalton’s death. There is no evidence in the police ombudsman’s report to support any other conclusion, yet he is able to say that, on the balance of probabilities, the police failed in their duty to uphold Mr Dalton’s right to life. And he says that against a background where he has the power to arrest, detain, interview and search.

[Paul Girvan (South Antrim) (DUP)]

This is an opportunity that is being used by those who want to rewrite history and try to imply that there is collusion in incidents that have happened. There might well be in a small number, but to try to paint it on every incident that ever happened in which someone was killed is to try to rewrite history. It is an attempt by republicanism to influence a Government-run body to bring forward those sorts of messages.

[Sir Jeffrey M. Donaldson]

My hon. Friend makes a broad point that is of concern to many of us regarding how the legacy process is addressing the totality of what happened in Northern Ireland during those tragic 30 years and more. The Osman test, which is often used in such cases, is very clear about what matters need to be considered when coming to conclusions about article 2—about the failure of the state to uphold the right to life. I do not believe that a conclusion reached on the balance of probabilities meets the threshold set out in the Osman test, and consequently I believe that the decision of the ombudsman is wrong.

[Emma Little Pengelly (Belfast South) (DUP)]

I know that my right hon. Friend has met with many of the families —as I have—including those who have been going through and are on the list to go through investigations by the ombudsman and the coroner’s court.

Due to the stalling of the Historical Enquiries Team process—the investigations into criminal offences by the police—and because many families are not happy with the result of that HET process, and because there is no funding for those criminal investigations, many genuine families who recognise that the perpetrator was the terrorist organisation do not have any options for an investigation or further investigation other than what is available, which tends to be either an ombudsman’s investigation or an inquest through the coroner’s court.

That means that we are ending up in a situation with a disproportionate push between those two aspects, where allegations of collusion are the grounds to try to get that re-investigation. That is not doing anybody any justice, not least by letting those who actually perpetrated the crimes get away with their criminal acts.

[Sir Jeffrey M. Donaldson]

I will add nothing to what my hon. Friend has said, because she said it very eloquently and summarises the concern for us. I know the Minister will talk about the proposals to bring a more balanced, fair and proportionate system for dealing with the legacy of our troubled past. I am dealing with one aspect of that today.

To be clear, my concern is that, even though the police ombudsman has the power to arrest, detain, interview and search properties, in this report on the “Good Neighbour” bombing not a single police officer has been recommended for discipline or criminal prosecution, and no claim of wrongdoing has been brought against any police officers, yet the conclusion remains that the police failed in their duty to protect the life of Mr Dalton. I think that is unfair, unreasonable and irrational, and it is an example of the ombudsman exceeding his remit and powers, despite the fact that he has many powers available to him, to go after the evidence and bring forward that evidence. The evidence is not there to support the conclusion. Therefore, with all the powers available to him, to conclude, on the balance of probabilities, in his opinion—not on an opinion based on evidence—that the police breached their article 2 obligations, shows that there is something seriously wrong when this is the outcome in such a case.

This case is not alone—I could give other examples. The main example I wanted to bring today, apart from this case, was Loughinisland. In light of your concern, Mr Owen, I will not pursue the matter further, but I encourage hon. Members to read some of the commentary and findings in court in relation to the report by the police ombudsman on the Loughinisland case. I think they will find that those conclusions support the contentions I am making today about the ombudsman and how he approaches investigations of this nature.

I am also concerned about the manner in which the police ombudsman’s office treats those who have served our country in the police—retired police officers who stood on the frontline in Northern Ireland. The Royal Ulster Constabulary lost over 300 officers and countless hundreds more were seriously injured in the conduct of their duty. They held the line and protected the entire community in Northern Ireland, yet at times one is left wondering whether there is an understanding of the contribution that the police in Northern Ireland made towards bringing peace. We would not have the peace that we enjoy today in Northern Ireland if it had not been for the courage and bravery of the Royal Ulster Constabulary. Her Majesty the Queen recognised that with the award of the George Cross to that fine police service. In her citation, she spoke of the courage and outstanding bravery of the RUC.

When it comes to the ombudsman and how it deals with those retired police officers, the Salmon principles are very important. The Salmon principles were introduced some years ago, after the inquiry into the Profumo affair. They were designed to protect participants in such public tribunals of inquiry. The police ombudsman for Northern Ireland ought to be complying with the Salmon principles.

There are six Salmon principles—they were devised by Lord Justice Salmon—of fair procedure under the Tribunals of Inquiry (Evidence) Act 1921. Those principles require that any person who is the subject of an inquiry

“must be satisfied that there are circumstances which affect them and which the tribunal proposes to investigate.”

I guess that the ombudsman would argue that it complies, but I am concerned the ombudsman is not complying fully with other elements. For example, a retired officer who is the subject of an investigation should be given an adequate opportunity to prepare their case, and of being assessed by legal advisers, and their legal expenses should normally be met out of public funds. They should be informed of any allegations made against them and the substance of the evidence in support of those allegations. They should be able to call material witnesses. They should have the opportunity of testing by cross-examination conducted by their own solicitor any evidence which may affect them.

Retired police officers who are the subject of investigations by the police ombudsman’s office are not afforded the opportunity of doing that. Indeed, often they are not even interviewed by the police ombudsman, yet they read a report concerning an investigation in which they were involved when they served, which criticises their conduct, and they have not even been afforded the opportunity to present their side of the story and put their point of view across to the ombudsman. That is simply unfair, and it is not compliant with the Salmon principles. It needs to be given closer examination.

Another major deficit in relation to the police ombudsman and how it operates is that there is no independent complaints procedure, whereby someone who is the subject of an investigation by the ombudsman may make a complaint about the manner of that investigation. Again, it is highly unfair that there is no recourse to complaint. People must either complain to the ombudsman himself or, I guess, raise the matter with the Secretary of State, but that does not constitute a proper independent process for dealing with a complaint. I believe that that is in breach of article 13 of the European convention on human rights, which the ombudsman seems to be quite keen on.

I do not believe that what the ombudsman, as currently constituted, offers is compliant with article 13, which requires an independent complaints mechanism for those who are the subject of investigations by the ombudsman’s office. The Northern Ireland Retired Police Officers Association has pressed the Secretary of State and others to make provision for such an independent complaints procedure, and it has not been done. That is most unfair —there is no recourse for people who feel they have been treated unjustly by the police ombudsman, which is a public body.

The schedule of bodies that are required to be subject to independent scrutiny and investigation of complaints made against them excludes the ombudsman, despite the fact that the offices of other ombudsmen are subject to independent complaints processes. That is another area where there is a deficiency in the manner in which the police ombudsman’s office operates. There ought to be an independent complaints procedure, so that those who are subjected to investigations by the ombudsman have the right to make a complaint if they feel they have been treated unfairly, and so that that complaint is properly examined and investigated.

For some time, my hon. Friends and I have been raising concerns about the operation of the police ombudsman’s office and about its reports’ findings, which are often the subject of banner headlines. Behind those headlines, however, there is little or no evidence to support the conclusions that have been reached. That is simply untenable, because, as some of my hon. Friends have said, it lends itself to the efforts of others who are seeking to denigrate the forces of the state, to paint them as the bad guys in the troubles, and to somehow justify the actions of those whose actions are completely unjustifiable.

We welcome the Government’s proposals to remove the role of investigating legacy complaint cases from the Police Ombudsman for Northern Ireland and to transfer that role to a new independent investigative body. In supporting that, I say to the Minister that, when the legislation is being drawn up, and when the terms of reference and the remit for the new investigative body are being set, we need to address those concerns. We need to ensure that the manner in which the police ombudsman’s office has acted in dealing with legacy cases is not repeated in the future; that there is fairness; that there is a balanced and proportionate approach; that people are afforded the opportunity, if they feel aggrieved, to pursue a complaint against the ombudsman, or in this case, the new investigative body, to an independent body; and that the investigative body complies with the requirements of the Salmon principles in relation to the rights of those who are the subject of an inquiry.

I say to the Minister that it is important to right those wrongs. It is important that police officers, or retired police officers, who are the subject of investigations, are treated fairly and properly, and that the investigative body is restricted in its remit to what ought to have been the remit of the police ombudsman’s office, which is to send its findings to the Chief Constable if there is evidence of disciplinary malpractice, or to the Director of Public Prosecutions if there is evidence of criminal wrongdoing. That is what the police ombudsman is required to do.

The police ombudsman should not make statements that imply guilt and wrongdoing when the evidence is not there to support them, and when he is not bringing any charges against any police officers in those cases on matters of discipline or of criminal wrongdoing. That is unfair. The system is unjust and needs to change. I hope that in the new independent investigative body that will be established, those steps and wrongdoings will not be revisited on retired police officers. It is simply wrong.

--- Later in debate ---

[Sir Jeffrey M. Donaldson]

I thank all who took part in this afternoon’s debate, including the hon. Member for Beckenham (Bob Stewart). I thank him on behalf of my colleagues for his service to the people of Northern Ireland, and the enormous courage that he displayed in leading his men and women at that very difficult time. There are many in Northern Ireland today—the great majority—who truly appreciate that service and the sacrifice that accompanies it, and will not forget what was done for our country and for the people of Northern Ireland.

I thank my colleagues, including my hon. Friend the Member for the beautiful constituency of Strangford (Jim Shannon), for their contributions and interventions. My hon. Friend the Member for Belfast South (Emma Little Pengelly) summed it up well when she said that often, because of the lack of a proper process to deal with the legacy of a troubled past, people go to the police ombudsman as a means of pursuing a grievance. As I have already referred to, I wonder about the extent to which that puts pressure on the ombudsman to come to conclusions and make findings that should not normally be part of its remit, and lead to the ombudsman exceeding that remit. I continue to be concerned about the conduct of the ombudsman’s office in dealing with these investigations.

I refer to the case of R (Chief Constable of West Yorkshire Police) v. Independent Police Complaints Commission, which found that it is the job of a police ombudsman to gather evidence and report breaches of discipline to the relevant chief constable, and breaches of the criminal law to the Director of Public Prosecutions. The Court of Appeal in London confirmed that only a properly constituted court can find guilt. The difficulty I have is that, in report after report, the police ombudsman is inferring guilt, implying guilt, and in some cases openly stating that police are guilty. However, it does not bring forward evidence to substantiate those claims or go after police officers for disciplinary or criminal wrongdoing, because the evidence to support the claims is not there. I therefore think there is a problem here that needs to be addressed. We welcome the prospect of new legacy institutions replacing the work of the police ombudsman in respect of legacy cases, but we must be mindful of the need to ensure that the new arrangements take care of the concerns I have referred to.

Oral Answers to Questions

Jeffrey M Donaldson Excerpts

Wednesday 6th March 2019 Commons Chamber

[Karen Bradley]

I absolutely disagree that that is what this Government are doing. We are determined to ensure that we fulfil all our obligations on human rights matters. Many of the matters raised by CEDAW need to be legislated for in Stormont, which is why we need devolved government in Stormont sooner rather than later.

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

The Secretary of State will know that in Northern Ireland many women believe that both lives matter. Does she agree that this is an issue to be dealt with by the Northern Ireland Assembly and Executive and that we should respect the devolution settlement? It is disappointing that the Scottish National party wants to breach the devolution settlement.

[Karen Bradley]

I do agree with the right hon. Gentleman on that. Interestingly, even the majority of those people who say in polls that they want to see change to the abortion laws in Northern Ireland—about 64%—are very clear that they want those changes to be made in Stormont.

Northern Ireland (Regional Rates and Energy) (No. 2) Bill

Jeffrey M Donaldson Excerpts

2nd reading: House of Commons
Wednesday 6th March 2019 Commons Chamber

[Karen Bradley]

I will come on to the details of why the decisions have been taken, the advice that we have received from the Department for the Economy and the request that it put in. However, I assure the hon. Lady that the measures we are taking today are the only legal ways in which any subsidies can continue to be paid to anybody on the RHI scheme. Failure to do this will mean the closure of the scheme and no subsidies at all. We need to bear that in mind when looking at this matter. I well understand that people feel concerned when they have entered into an obligation in good faith and then the subsidies that they receive are reduced. I will come on to explain why that is the situation.

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

The Secretary of State will be aware of our concern that there has been a lack of proper scrutiny of these proposals. While we await the report of the public inquiry in Northern Ireland, it may be that one of the issues on which it makes recommendations is how we scrutinise this kind of measure going forward. We would have hoped that Parliament could set an example for that, yet we are not getting that opportunity, so would she care to address that concern and the timing of this proposal, coming so close to the end of the financial year?

Northern Ireland Budget (Anticipation and Adjustments) (No. 2) Bill

Jeffrey M Donaldson Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 5th March 2019 Commons Chamber

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

Will the right hon. Gentleman give way?

[Sir Mike Penning]

Will the right hon. Gentleman give me two seconds? I am in a flow.

I have raised the issue with shadow Front Benchers and my own—I was a Northern Ireland Minister for a considerable period—because we have to address it. Perhaps I will come back to that point after the right hon. Gentleman’s intervention.

[Sir Jeffrey M. Donaldson]

The right hon. Gentleman puts forward the proposition that the only longer-term alternative to the current stalemate is direct rule. One understands that, but it has been argued today that the provisions of the Good Friday agreement and the concept of devolution are not sacrosanct and that they can be overridden. That is an interesting comment, but surely there is another solution. Of the five parties in a position to form a Government in Northern Ireland, four are prepared, on a cross-community basis, to form a Government without precondition. Might this Parliament stepping up to the mark finally lead us to recognise the need for democracy to move on in Northern Ireland, instead of a single faction being allowed to veto the people of Northern Ireland having their own Government?

[Sir Mike Penning]

I cannot disagree with a single word that my right hon. Friend has said. This cannot continue; we cannot sit in a situation where there is no way of looking properly at how civil servants are spending taxpayers’ money. That is not the principle of this democracy, and it is not the principle on which I was elected to this House. We must have a methodology. If this House voted to go forward with four parties instead of the five, somewhere along the line Sinn Féin would suddenly wake up and smell the coffee. But at the moment we are not challenging Sinn Féin. We are accepting that they have this veto. We are accepting that this House, in this great Union of ours, is not going to challenge the convention whereby Sinn Féin can say, “No, there is no devolved Assembly in Northern Ireland.”

--- Later in debate ---

[Sir Jeffrey M. Donaldson]

On behalf of my right hon. and hon. Friends, I place on the record our appreciation of the Secretary of State, her officials and the Minister for their co-operation in discussing the detail of the Bill and our appreciation for the additional funding, which is greatly needed to address issues in Northern Ireland.

I echo the comments of the Secretary of State. DUP Members sincerely hope that this evening will be the last time the House will need to deal on this temporary basis with the budget for Northern Ireland. We truly hope that by this time next year we will have a functioning devolved Government and Assembly that can do the job, provide the scrutiny and bring forward proposals for public expenditure in Northern Ireland. We agree that this is not a desirable way to do things—it is not our wish that it should happen this way—but we appreciate the time the House has devoted to it. I wish we had more time for scrutiny, but we understand why we are where we are. The DUP is committed to working towards the restoration of devolved government. The sooner it happens the better.

Northern Ireland: Security Situation

Jeffrey M Donaldson Excerpts

1st reading: House of Commons
Monday 21st January 2019 Commons Chamber

[Karen Bradley]

I do not want to be drawn by my hon. Friend, who as a former Chair of the Select Committee knows politics in Northern Ireland better than most. I do not want to be drawn on the ongoing discussions and debates. All I will say is that I want to see the parties come back together, and we are working to find a mechanism by which we can do that.

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

I echo the comments of the hon. Member for Rochdale (Tony Lloyd) on the need for a return to normal politics—I agree with that—but it is not a normal situation when, in part of a democratic country, we have a situation where five parties form an Executive and only one of those five parties refuses to allow the formation of that Executive. Surely, when we get Stormont up and running again, as I hope will happen soon, we need to look at reforming the system, so that it is precisely what the hon. Gentleman described: normal politics.

[Karen Bradley]

The right hon. Gentleman is right when he says that we want to see normal politics, but there is something extraordinary about the situation in Northern Ireland. We have bi-party Government at times. That is something unusual; I think it is unique in the world. He talked about reforming the system. That must be a matter for the politicians in Northern Ireland. The UK Government stand ready to support the politicians in Northern Ireland to do what they need to do and what they want to do in order to make politics in Northern Ireland work and to have a sustainable Executive for the long term.

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Jeffrey M Donaldson Excerpts

2nd reading: House of Commons
Wednesday 24th October 2018 Commons Chamber

[Karen Bradley]

I do not see this as a deadline as such; I see it as a date by which a decision will have to be taken on whether an election is called. The hon. Lady will be aware that the date is around the time when purdah starts for local elections. She will know very well that there are local elections in Northern Ireland next May. The date was chosen with that in mind, because clearly once a local election campaign starts, political parties focus on campaigning. She will know that we have had stable devolved government in Northern Ireland, but for most of the last 10 years, we have had a hiatus; that is far too long, and that is not right for the people of Northern Ireland. It is not what they deserve. I am trying to put in place, through the Bill, the best conditions to allow those talks to recommence, and to enable us to get an Executive in place. The date was chosen after consultation with all the main parties and the civil service of Northern Ireland.

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

The Secretary of State has made several references in her speech so far to the political hiatus. Does she agree that the reason we do not have a functioning Executive and Assembly is that out of the five political parties in Northern Ireland eligible to be in the Executive, four—the Democratic Unionist party, the Ulster Unionist party, the Social Democratic and Labour party and the Alliance party—have all said that if the Secretary of State convenes a meeting of the Assembly for the purpose of appointing Ministers, they will be there and will appoint their Ministers immediately and without precondition, but one party, Sinn Fein, has declined to give such an undertaking? Should we not be honest with the House, and instead of blaming all of the political parties, put the focus where it belongs, on the people who do not take their seats here, who do not take their seats at Stormont and who are outside, looking in? They are the people denying Northern Ireland its proper democratic Government.

[Karen Bradley]

I do not want to provide a running commentary on the talks I have had with parties since the talks broke down in February between the two main parties. What I would say is that I have heard a willingness from parties that they want to get back into Government. That is why I believe that the best thing for the people of Northern Ireland is that we give those parties the chance to get back into devolved Government and provide the best conditions to enable that to happen—and the Bill is part of achieving that. It is important that we use this time and the powers in the Bill to ensure that public services continue to be run and there is no distraction from the parties coming back together and forming a Government.

--- Later in debate ---

[Karen Bradley]

I know that the hon. Lady feels strongly about that matter and she has raised it in the House on several occasions. It is not a three-month delay: I made the statement on 6 September. She will understand that issues need to be dealt with, including notifying MLAs of my decision to cut their pay and changing the payroll arrangements. As I said in September, the November pay cheques were the earliest opportunity to cut the pay, so the pay cheques that will be delivered next week will include the pay cut. The next pay cut will be in January, if we have been unable to get the Assembly and Executive reconstituted by then.

[Sir Jeffrey M. Donaldson]

Although I fully understand and appreciate the point made by the hon. Member for North Down (Lady Hermon), I appeal to her to understand that at the end of the day these are people with families. Yes, I understand the public ire at the lack of an Assembly, but most of the Assembly Members are not functioning there properly through no fault of their own. As I explained to the House, it is the actions of one political party in Northern Ireland and its army council—its illegal army council—that are holding the people of Northern Ireland to ransom. It would be nice just for once to hear the hon. Lady call them out for that, instead of labelling in such a way all 90 Members of the Assembly, many of whom are innocent of the charge that they do not want to make progress in Northern Ireland or do their job fully. We treat them unfairly when we label them all in the same way without calling out the people who refuse to do their jobs and sit outside; the majority of Assembly Members want to work full time and do the full job. Of course, the House has taken the decision to cut their pay and we support that, but there are practical issues. They and their families need proper notification. When she makes these points, the hon. Lady should not just put the blame on everyone.

[Mr Speaker]

Order. Before the Secretary of State responds, let me say this in good humour, if I may. The hon. Member for North Down (Lady Hermon) and the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) are themselves so unfailingly courteous to colleagues and, indeed, to everybody, that it is really very difficult to get annoyed with them—and I am not. I hope, however, that they will take it in the right spirit if I say that in respect of both of their “interventions”, the erudition was equalled only by the length.

--- Later in debate ---

[Nigel Dodds (Belfast North) (DUP)]

rose—

[Sir Jeffrey M. Donaldson]

rose—

[Gavin Newlands]

I am going to make some progress, and then I will come back to the right hon. Members.

The people of Northern Ireland have spent too long in limbo. As we have heard from both Front Benchers, key decisions have to be made and functionality must be restored. The people of Northern Ireland deserve better than this. The Scottish National party, like most Members of this House, firmly believes that new talks must be established immediately to restore the Executive and Assembly. The Secretary of State has to come off the bench on this and be much more proactive, not in legislative terms—we see that today—but in leadership. Along with Irish Government counterparts, she should be working night and day to initiate a new round of inclusive talks. With the UK Government totally distracted by Brexit and internal party infighting, I say again that an independent mediator could and, if no early progress is made, should be brought in, so that progress can be made for the sake of good governance in Northern Ireland.

Nothing must be done to undermine the Good Friday agreement, so this piece of legislation must be temporary. Given the five-month extension the Government have built into the Bill, and from conversations I have had with Members from all communities, it seems to me that there is consensus that Stormont may not get back up and running until September, following the council elections and the marching season. That is almost another full year from now, and for me and many other Members of this House that is a matter of real regret.

There is general consensus, on all sides, that this Bill has, sadly, become necessary, but there are also concerns that having to legislate at all is potentially a slippery slope and a situation that must not be allowed to drift or be extended beyond what is absolutely necessary; a political vacuum must not become the new normal in Northern Ireland. I am relieved that the Government have conceded that their Henry VIII powers in clause 4 were not justifiable, and have heeded the concerns of the House of Lords report and tabled amendments so that the affirmative procedure is used instead.

Amid ongoing austerity, the absence of decision making is straining Northern Irish public services. Decisions are urgently required to provide direction and funding to vital services. As we have heard, current conditions are placing particular pressures on health and education, which are among the most important services a Government can deliver. The collapse of the Executive and the subsequent failure to deal with the situation has also placed great stress on the civil service in Northern Ireland. Direct rule can never be countenanced, but as the shambolic Brexit process is a central reason for the ongoing crisis, the UK Government have a responsibility to ensure talks progress swiftly. The chaos within the UK Government must not be used as an excuse for the lacklustre attempts since February to re-establish political institutions in Northern Ireland. After all, this is not just about public services and appointments; it is about protecting and maintaining the peace process.

I do not want to be accused of scaremongering or of attaching more significance to this than it warrants, but yesterday the first report of the Independent Reporting Commission was published and, although there were clearly parts we can all welcome, the commission is clearly concerned about the impact of the ongoing political impasse. The report praises all those in the public, voluntary and community sectors who are working to tackle paramilitarism, but it says that the absence of political leadership has been a significant impediment to that task. It also notes that in the absence of an Assembly, new powers, such as unexplained wealth orders, cannot be introduced, and that any change in the current regime for managing paramilitary prisoners cannot be considered in the absence of a Justice Minister. I sincerely hope that in reading that report the Secretary of State has been given a renewed sense of urgency on talks.

I turn back to Brexit, as it is wreaking havoc on every aspect of politics in these islands. The broader instability caused by Brexit is a central reason why it has proven so difficult to restore the devolved institutions in Northern Ireland. There are many reasons why the Executive and the Assembly collapsed, but it is Brexit, the elephant in the room, that is prolonging the concerning political vacuum. I remind colleagues across the House that March is quickly approaching and we still have no confirmation of plans to extend the period for withdrawal. The threat of a new border becomes closer by the minute.

Northern Ireland is the central conversation in the Brexit talks, so it is vital that its voice is heard. As we have heard so eloquently, in June 2016 Northern Ireland voted by 56% to remain in the European Union, as 62% of Scots did. The Government continue to try to ignore Scotland—will they also ignore the people of Northern Ireland? If the UK Government plough on with a no- deal hard Brexit, they will wreak further havoc on the businesses, public services and entire economies of all within the UK. That is nothing short of economic vandalism of the highest order.

As we have seen from reports, Northern Ireland will be hit hardest by a disastrous no-deal scenario. This month, business leaders in Northern Ireland have warned that a no deal must be avoided at all costs. According to the Government’s own figures, crashing out would shrink the Northern Irish economy by 12%. The Director of CBI Northern Ireland has warned that this would be the equivalent of another financial crisis. This would be a dramatic hit to GDP inflicted upon the people of Northern Ireland despite their vote to remain.

We in the SNP want to see stability, and strong and inclusive economic growth in Northern Ireland. We want to see Northern Ireland grow, so that public services, businesses, families and individuals can prosper. After all, not only is a prosperous Northern Ireland good for all who live there, but it is in the interests of Scotland, and indeed of England, Wales and our friends across the European Union. The twin threats of a new border and massive economic damage can be easily removed if the UK pursues a policy of staying within the European single market and customs union; there would be no need for new economic borders across land or at sea. Trade and relationships, business or personal, would continue to flourish between Northern Ireland and the Republic of Ireland, and beyond.

In a blatant attempt to wreck any agreed backstop in Northern Ireland, the European Research Group cynically tabled reckless amendments to this legislation. The hon. Member for Wycombe (Mr Baker) subsequently withdrew them on Monday, saying that it would not be in the “public interest” to attach them to emergency programming. Perhaps for the first time I find myself in agreement with him and his ERG colleagues, but I would go further and suggest to him that his group and its entirely regressive aims are not in the public interest, and the less we hear from them, the better.

I remind Members that in December last year the UK Government agreed the need for a backstop in the first phase of negotiations with the EU, so they must stay true to their word.

[Gavin Newlands]

I appreciate the intervention from the Secretary of State, whom I am sure had to urge the hon. Member for Wycombe to withdraw the amendments for that reason. The simple fact is that they should never have been tabled in the first place. In order to protect the Good Friday agreement, Northern Ireland must achieve a special relationship with the EU. The SNP will never support wrecking amendments designed to undermine the backstop and, thus, undermine the Good Friday agreement. Just last week, the First Minister of Scotland said:

“we fully support the Good Friday Agreement and the maintenance of an invisible border. And so the Scottish Government will do nothing to stand in the way of Northern Ireland achieving a special relationship to the EU, if that is what is required.”

[Sir Jeffrey M. Donaldson]

Like the right hon. Member for Broxtowe (Anna Soubry), a majority of my constituents voted for Brexit. They do have a voice here, and I am that voice.

On the backstop, the hon. Gentleman spoke a lot about the need for economic growth in Northern Ireland, and prosperity is a key part of the peace process, so does he understand our concern that the backstop, which would create a border in the Irish sea and a customs barrier between Northern Ireland and its single biggest market—a market that produces more business for us than the European Union states and the rest of the world combined—would not be a good idea for the benefit of our economy?

[Gavin Newlands]

I disagree with the right hon. Gentleman. It is clear to most people in this Chamber that the answer is for all UK countries to remain in the single market and customs union, which would take away the need for any border in the Irish sea. I should add that my constituents voted two to one to remain, and they certainly have a voice in this Chamber, too.

Many Members from different parties will agree that the best option across the UK is, as I just said, continued membership of the customs union and single market, which would resolve the need for any economic borders or increased regulation. This policy, which the Scottish National party has proposed for a long time, would also act to protect jobs and livelihoods in Northern Ireland, as well as in Scotland and right across the UK. It is the only political and economic position and policy that makes sense and is achievable.

The UK must give Northern Ireland and the restoration of its Assembly the attention that it deserves and requires. The delays in the establishment of effective talks can no longer be accepted. The Government must get round the table and help to restore the Northern Irish Executive and Assembly to full functionality. The institutions of the Good Friday agreement must be championed and restored by all in this House.

--- Later in debate ---

[Gavin Robinson]

My right hon. Friend is entirely right. The majority of the 90 Assembly Members who have been elected to serve their constituents put themselves forward because they believe in public service, not stagnation. They are not like a puerile child participating in a game, not liking the rules, recognising they are not scoring goals, picking up the ball and walking off the pitch.

[Sir Jeffrey M. Donaldson]

Further to the point made by my right hon. Friend the Member for East Antrim (Sammy Wilson), in the discussions on the Bill with the Northern Ireland Office, we put forward a modest proposal that, to give some democratic accountability to this mechanism in Northern Ireland, the Assembly Members, on their reduced pay, should have a role in scrutinising the Departments that will exercise the decisions that fall subject to the Bill. The Northern Ireland Office told us that it was not possible to do this because Sinn Féin was unlikely to take part in such scrutiny mechanisms. Sinn Féin has a veto over even the most modest of proposals. How long are this Government going to allow Sinn Féin to veto democratic progress in Northern Ireland?

[Gavin Robinson]

That is an incredibly fair point to make, and I intend to address it later on. There has been a dereliction of duty. The opportunity to serve the people is not being taken by one party and one party alone. As it holds out for its purely partisan and narrow agenda, everyone else in Northern Ireland suffers.

No one should be under any illusion about our approach to these issues. In October last year, Arlene Foster, our party leader, indicated that she would seek the establishment of the Executive immediately and that if the Assembly created did not deal satisfactorily with the outstanding issues that had been raised as a stumbling block for progress, it should be brought down again in six months. She said, “Put me to the test.” She said, “Let us maturely and rationally reflect on the outstanding issues that you have; you can consider the outstanding issues that we have, and if we can’t resolve them, then bring it down—but at least try.” Before Arlene Foster sat down from making that speech, Sinn Féin had ruled it out. It had ruled out a restoration of the Executive, where Brexit and every public service that was of interest to the people of Northern Ireland could be considered.

As I reflect on these matters, standing here again to debate a Northern Ireland Bill that should not be necessary, I am reminded that the Secretary of State’s predecessor, the right hon. Member for Old Bexley and Sidcup (James Brokenshire), said in September 2017 that nine months without a Government to steer policy had left the country with “no political direction” and left critical public service reform wanting. He continued:

“In the continuing absence of devolution, the UK government retains ultimate responsibility for good governance and political stability in Northern Ireland as part of the United Kingdom and we will not shirk from the necessary measures to deliver that.”

That was only 13 months ago, yet here we are. He famously talked of a “glide path” to direct rule. Frustratingly, this is a never-ending holding pattern. It is not in the interests of democracy and not in the interests of good government.

The Bill has been described—kindly—as a “limited measure”. It has been described by my constituency predecessor as

“a sticking plaster on a broken leg”.

It has been described as a poor substitute for democratically elected politicians in Northern Ireland making decisions that affect the people they serve. It is through that prism that we have to consider the Bill.

The Bill does not provide certainty. It contains no certainty on decisions. It does not provide compellability. There is no compulsion on civil servants to make decisions that impact the people of Northern Ireland—decisions that need movement—but on key policy areas, there is no compulsion to do so. There is no progress on the 200-plus decisions that have lain in abeyance among the range of Departments since the suspension of the Assembly.

--- Later in debate ---

[Gavin Robinson]

Absolutely. The unexplained wealth orders are a key example of how we should have extension of those provisions for Northern Ireland.

I mentioned the courageous nature of some decisions, and I know that the right hon. Member for Hemel Hempstead (Sir Mike Penning) will agree with me that the Department of Health in Northern Ireland was incredibly courageous in making the changes required through regulation to allow for medicinal cannabis prescriptions. We wanted to see those English and Welsh regulations extended to Northern Ireland, and it has been done through another vehicle, and we are grateful for that.

Here is a key example of where it goes wrong. When the definition of co-ownership housing associations in Northern Ireland was not changed because we did not have an Assembly, but it was changed for England, Scotland and Wales, the derogation offered by the Treasury stopped. That means that if somebody does not take the opportunity to change that definitional issue now for Northern Ireland, our co-ownership schemes will not be able to use financial transaction capital tax, and it will not have the budget to provide the social houses that are required or the social mechanism through which somebody can purchase a home for the future. That is a disgrace.

[Sir Jeffrey M. Donaldson]

rose—

[Gavin Robinson]

I will give way one final time, Mr Deputy Speaker, so as not to encourage your ire.

[Sir Jeffrey M. Donaldson]

To assist my colleagues, I have withdrawn from the list of those wishing to speak in this debate, but I want to intervene on the subject of housing. In Lambeg, which is in Lisburn in my constituency, and which is famous for its drums and has some very nice housing, some former Ministry of Defence homes are available for transfer, free of charge, to a Northern Ireland housing association. That housing would provide much-needed accommodation for young couples, first-time buyers and so on. That transfer cannot be concluded because the Department needs ministerial approval. The houses are falling into disrepair. The transfer would benefit the community, and particularly young people in my constituency, but it is not happening. Is not that the kind of decision we want made, so that our constituents benefit?

[Gavin Robinson]

That is an important point to make, and that matter should be progressed.

I have a final, broad point about the participation of Members of the Legislative Assembly. They have been elected to serve their people and wish to do so, and MLAs are required for good governance in Northern Ireland. There are many decisions that could be taken by civil servants, but there is no direction on what those decisions should be. The only way that civil servants can get a true appreciation of what politicians who have been elected to serve the people wish the direction of travel to be is to ask them—to include a participative process, and to encourage politicians to come in, share their views, and shape policy proposals and decisions for the future. The Bill does not take the opportunity to do that. We have mentioned the historical institutional abuse inquiry. That is a classic example of where elected MLAs could be engaged in discussions on how that matter is progressed.

The hon. Member for Paisley and Renfrewshire North (Gavin Newlands) referred to the Independent Reporting Commission, which published a report yesterday. How sad is it that, 20 years after the Belfast agreement, we still have an independent reporting commission on paramilitary activity? I have been in this House for only three years, and in that time, I have had a constituent murdered by the IRA; that is the Provisional IRA, not a dissident group. Another constituent—a serving prison officer—was blown up by dissident republicans, through an under-car booby trap bomb. He died of his injuries a week later.

People come to my constituency office every week because of the pressure that they face from paramilitaries in my community—loyalist paramilitaries; paramilitaries who intimidate young families out of their homes; paramilitaries who lend money and extort a return; and paramilitaries who sell drugs and destroy individuals and their communities. The Independent Reporting Commission report pleads for political direction and political involvement, and for the participation of the people who have been elected to serve our society and want to do so. That is the prize in restoring the Executive. That is what we want. That is what the people of Northern Ireland deserve, and though the Bill does not deliver that, it extends the time and opportunity for delivering that. It is an opportunity that we cannot afford to miss.

Northern Ireland (Executive Formation and Exercise of Functions) Bill (Business of the House)

Jeffrey M Donaldson Excerpts

Wednesday 24th October 2018 Commons Chamber

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

I take the point that the hon. Member for Walthamstow (Stella Creasy) has made in putting forward her manuscript amendment, but surely it is the case that when we are dealing with this type of procedure—emergency legislation that is fast tracked—this procedure is not normally included. The Speaker does not normally have this discretion in a fast-track motion procedure. As I understand it, it is not a question that the Government are trying to mislead anyone; they are just following what is the normal procedure for this type of legislation. Therefore, it is unfortunate that some are suggesting that, somehow, this is a fast move on the part of Government or anyone else. I note that, on previous occasions when Northern Ireland legislation has been dealt with by this procedure, we heard nothing from the Opposition; we heard nothing from the hon. Lady about the need for some of our amendments, for example, to be pushed to a vote. It is worth putting it on record that this is the normal procedure; it is the way that the House deals with fast-track legislation.

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Jeffrey M Donaldson Excerpts

3rd reading: House of Commons & Committee: 1st sitting: House of Commons & Report stage: House of Commons
Wednesday 24th October 2018 Commons Chamber

[Sir Jeffrey M. Donaldson]

I welcome the opportunity to take part in this debate in Committee. Amendment 15, in the name of the hon. Member for Amber Valley (Nigel Mills), would require an election to be held when these special measures come to an end. For our part, the Democratic Unionist party has no fear of an election. We have just had a council by-election in Carrickfergus, which we won comfortably. We are not fearful of putting ourselves before the people.

If the hon. Gentleman were here, I would say that holding an election would not change the reality. If we have dialogue and cannot reach a political agreement, all an election will do is further polarise the community and make it even more difficult to reach a political agreement. [Interruption.] If Labour Members are so interested in elections in Northern Ireland, maybe one of them will explain why the Labour party does not contest elections there.

Labour Members want to change laws in Northern Ireland, and they want to tell the people of Northern Ireland what to do, but they do not have the courage of their convictions to put themselves before the people of Northern Ireland and seek election. A little quiet from that quarter is the order of the day. When they are ready to come before the people of Northern Ireland and put themselves forward, we will listen to the Labour party. With all due respect, at least the Conservative party—

[Lyn Brown (West Ham) (Lab)]

On a point of order, Dame Rosie. I would be grateful for a more comradely debate, rather than the rant to which we are being subjected. Perhaps we need to take a moment to calm down.

[The Second Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

I thank the hon. Lady for her point of order, and I remind everybody that moderation in language and in debate is what we would like to see. This is a very important debate, and perhaps we need to take the temperature down a little.

[Sir Jeffrey M. Donaldson]

If we need to moderate debate because I have called on people to put themselves forward and seek a democratic mandate, I stand to be corrected, but the people of my constituency are looking at the Labour party. More than 60% of the people who voted in my constituency voted for my party at the general election. When I hear Labour Members tell me that they speak more for the people I represent than I do, I am entitled to say that they should put themselves forward in Lagan Valley at the next election. Seek a mandate. Take me on. I am more than happy to contest the Labour party in Lagan Valley. Let us see then whether I speak for the people of Lagan Valley or they do.

--- Later in debate ---

[Lady Hermon]

The right hon. Gentleman is referring to a judgment where the majority of the Supreme Court, by four to three, dismissed the case on a technical point to do with the status and powers of the Northern Ireland Human Rights Commission. If he reads the judgment carefully, he will find—I will stand corrected if I am not right on this—that a majority of the judges, including Lord Kerr, described the abortion legislation in Northern Ireland in relation to fatal foetal abnormality and sexual crime as “deeply unsatisfactory”. Those are the words that were used. I plead with the right hon. Gentleman’s party to indicate what help and assistance is going to be given to those hundreds of women who feel that they have to leave their own country, Northern Ireland, to seek an abortion. Abortion is not compulsory; it is an option. Women should have the choice in cases of rape, incest and fatal foetal abnormality. Will the hon. Gentleman’s party accept those circumstances for change?

[Sir Jeffrey M. Donaldson]

I respect what the hon. Lady said, but I point out to her that section 4(6) of the Human Rights Act 1998 is clear on the point of incompatibility. It states clearly:

“A declaration under this section (“a declaration of incompatibility”)…does not affect the validity, continuing operation or enforcement of the provision in respect of which it is given”.

That is the human rights law of this country. When the hon. Lady suggested in her intervention earlier that the Supreme Court judgment compelled the Northern Ireland Assembly to change the law, she was incorrect in her assertion. That opinion comes from the Attorney General for Northern Ireland and his respected advice on this subject.

On the question that the hon. Lady posed, in respect of fatal foetal abnormality, when a mother is expecting a child with a potentially life-limiting condition, I too have met Sarah Ewart, as has my hon. Friend the Member for Belfast East (Gavin Robinson), who is her Member of Parliament, and I have enormous respect for Sarah. As a result of her initiative, the Northern Ireland Executive commissioned a working group to examine this area of the law in Northern Ireland, and that working group brought forward proposals. Here is the irony: if Sinn Féin allowed Northern Ireland to have a Government, we would by now have addressed this area of the law.

[Anna Soubry]

Will the right hon. Gentleman give way?

[Sir Jeffrey M. Donaldson]

Because we have a working group that was set up by the Executive and that has brought forward proposals, this area of the law would have been addressed by now.

[Layla Moran]

Will the right hon. Gentleman give way?

[Sir Jeffrey M. Donaldson]

With respect to the hon. Member for North Down, the party that is preventing this issue from being addressed in Northern Ireland is not the Democratic Unionist party; it is Sinn Féin who are preventing the Executive from addressing the report of the working group, which has brought forward proposals in respect of mothers who are expectant with a child who may have a life-limiting condition, so let us get our facts straight.

[Anna Soubry]

Will the right hon. Gentleman give way?

[Sir Jeffrey M. Donaldson]

In respect of the issue relating to sex crime, I agree with the hon. Member for North Down that we need to examine this area of the law in Northern Ireland, but the difficulty is that we cannot do it—not because the Democratic Unionist party is standing in the way of examining these sensitive issues, but because Sinn Féin are preventing the Northern Ireland Assembly and Executive from carrying out their function. That is the political reality of the situation in Northern Ireland.

[Anna Soubry]

Will the right hon. Gentleman give way?

--- Later in debate ---

[Sir Jeffrey M. Donaldson]

That is why we are unable to examine the laws.

[Layla Moran]

Give way!

[Sir Jeffrey M. Donaldson]

In respect of the proposals before us, it is important that we consider carefully what we are doing. If we really are to be true to our commitment to respect the devolution principle—

[Layla Moran]

Will the right hon. Gentleman give way?

[Sir Jeffrey M. Donaldson]

The hon. Member for Totnes (Dr Wollaston) referred earlier to a border in the Irish sea. Let me address that for a moment.

[Anna Soubry]

Will the right hon. Gentleman give way?

[Sir Jeffrey M. Donaldson]

What is the point of devolution?

[Layla Moran]

Will the right hon. Gentleman give way?

[Sir Jeffrey M. Donaldson]

It was this House that decided that Northern Ireland should have devolved responsibility for abortion and marriage. It was this House that decided to give to the Northern Ireland Assembly and Executive the power to legislate on these areas of life. That is the reality. The hon. Member for Walthamstow talked about the decisions of this House—

[Anna Soubry]

Will the right hon. Gentleman give way?

[Sir Jeffrey M. Donaldson]

It was this House that decided that the Northern Ireland Assembly and Executive had the power to legislate on these areas of the law.

[Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)]

Will the right hon. Gentleman give way?

[Layla Moran]

Will the right hon. Gentleman give way?

[Sir Jeffrey M. Donaldson]

In respect of—

[The Second Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

Order. I do not think that the right hon. Gentleman is going to give way, so rather than just shouting at him, I think that we should allow him to continue, because he will be well aware that a lot of other hon. Members want to contribute to the debate.

[Sir Jeffrey M. Donaldson]

I am very much aware of that, Dame Rosie. I have taken some interventions but there is a lot that we need to say and a lot that others want to say, and I respect that.

This issue is important because it is about the principle of devolution. If we truly respect the decisions of this House—which gave the power to the Northern Ireland people, through the Assembly and the Executive, to exercise the right to legislate on these areas of the law —please let us not talk about creating a border in the Irish sea, when we all voted to give Northern Ireland that power. Otherwise, what is the point of devolution? The point of devolution is that the people of Northern Ireland have the right to legislate for laws that affect their lives. It is the same in Scotland and in Wales. That is why we have devolution.

Members of this House say to me, a Member from Northern Ireland, that talking about having different laws in my part of the United Kingdom is somehow about creating a border in the Irish sea; it is not. It is about respecting the principle on which this House agreed—that Northern Ireland has the right to make its own laws in its own legislature as part of this United Kingdom. That is important.

We must respect the devolution principle, not breach it. I understand that this legislation is only about giving civil servants advice and direction; I am not suggesting that it is about changing the law. Nevertheless, we need to be careful because I rather suspect that the hon. Member for Walthamstow does not see this as the end game—not as an end in itself, but as a means to an end. Let us be honest with each other about that. I believe that the hon. Lady sees this measure as a means to an end in changing the law in Northern Ireland. All I am saying—I echo previous comments made today—is that most people in my constituency and in Northern Ireland believe that it is for the Northern Ireland Assembly and Executive to make those laws. My party will therefore vote against new clause 7 because it has the potential to undermine the principle of devolution. I say that without prejudice to the points made by the hon. Member for North Down, which I respect. We are not running away from the issues, court judgments or any of those things. What we are saying is that the proper place to deal with and discuss these matters is in the Northern Ireland Assembly.

In the most recent democratic vote on abortion law of any legislature in the United Kingdom, the Northern Ireland Assembly in 2016—only two years ago—voted by a majority to retain the existing law on abortion in Northern Ireland. Now, I accept that we need to examine the issues. In fact, we have looked at the whole question of life-limiting conditions and we have a working group report that we want to get back to.

Let me return to the core and central point of all this: I listened to the new president of Sinn Féin, Mary Lou McDonald, talking about equal rights, and I pointed out to her in a panel discussion that if the Assembly sat tomorrow and there was a vote on marriage, the Democratic Unionist party would not have enough seats on its own to table a petition of concern. I therefore challenged Sinn Féin that if it believed that this issue is such a pressing one, it should call the Assembly and get the Government up and running. If it believes that this is the priority—if Sinn Féin thinks that health, education, roads and housing should be secondary—it can list it as the first item of business. But it will not call the Assembly and it will not form an Executive. Sinn Féin will not give the people of Northern Ireland, through their elected representatives, the opportunity to address any of these issues.

That is the reality we are dealing with. We can trade arguments back and forward with each other on some of these very sensitive issues, but the reality is that my constituents do not have a Government this evening and are not getting decisions taken that need to be taken because one political party in Northern Ireland is denying not only equal rights but basic rights that impact on the daily lives of my constituents, whether it is their housing rights, their health rights or their education rights. All those rights—human rights—are being impacted. It would be good to hear some hon. Members refer to those human rights that are currently being denied by Sinn Féin, which refuses Northern Ireland the right to have a democratic Government.