Historical Institutional Abuse (Northern Ireland) Bill [Lords]

Julian Smith Excerpts

2nd reading: House of Commons
Tuesday 5th November 2019 Commons Chamber

[The Secretary of State for Northern Ireland (Julian Smith)]

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

It has been seven years since the Northern Ireland Executive established an independent inquiry into historical institutional abuse in Northern Ireland. Today’s legislation is based on an inquiry and report, undertaken by Sir Anthony Hart, that occupied 223 days of hearings. The Hart report investigated 22 institutions, but it identified a further 65 institutions that came within its terms of reference. The draft legislation was subject to a 16-week consultation process in Northern Ireland.

[Nigel Dodds (Belfast North) (DUP)]

Right across this House, and right across Northern Ireland, there will be a very warm welcome for the Government bringing forward this legislation to get it on the statute book before Dissolution. I thank everybody involved in this House, the Secretary of State and, most importantly, the campaigners for the day we have now reached.

[Julian Smith]

I thank the right hon. Gentleman for all that he and his party have done to help to deliver this Bill.

[Jim Shannon (Strangford) (DUP)]

The House is clearly united on seeing justice and doing right by those who have been abused and who have waiting too long for recognition and a form of restitution. I thank the Government for prioritising this Bill and for getting it through before Dissolution.

I particularly want to mention some of those with whom I have worked closely: Gerry McCann and others from the Rosetta Trust; Margaret McGuckin, who is in the Gallery and who has been working on this since 2008; and Anne Hunter, who is also in the Gallery and whose sister, Sadie, died at Nazareth House in 1974. Although we celebrate the Bill, it is bittersweet for those who were abused, physically and otherwise, and who cannot be here today to see the conclusion of something for which we have worked very hard.

[Julian Smith]

The hon. Gentleman is absolutely right. I will return to some of those examples, but the fact that so many survivors and victims have died is one of the tragedies of this period.

[Lady Hermon (North Down) (Ind)]

I am enormously grateful for the priority the Secretary of State has given to this issue. He has shown real compassion for the victims of historical institutional abuse. In his opening remarks, he rightly mentioned the long inquiry held by Judge Hart, who did an enormous amount to give a voice to the victims of historical institutional abuse.

May I encourage the Secretary of State, after this Bill receives Royal Assent later today, to ensure that a copy of the Act and a copy of today’s Hansard are sent to Judge Hart’s widow? It is a great sadness to us all, and particularly to his family and to the victims who met him, that he did not live long enough to see this day. It would be a fitting tribute to have the Act and a copy of Hansard sent to his widow.

[Julian Smith]

The hon. Lady makes a very positive and sensible suggestion, and I am happy to do that. We spoke to Lady Hart last night, and Sir Anthony was, I think, perplexed by the slowness of us all to get this done. I will follow up as the hon. Lady suggests.

The draft legislation was subject to a 16-week consultation process in Northern Ireland, and the Bill was drafted by the Northern Ireland civil service at the request of, and based on a consensus reached by, all six of the main Northern Ireland political parties.

The inquiry’s report was published in January 2017, the same month as the collapse of the Executive, so the Executive never considered the report and it was not laid before the Northern Ireland Assembly. That is why, in July, the Government committed to introducing legislation by the end of the year, if the Executive were not restored, and it is why this was one of the first Bills in the Queen’s Speech.

This is the first Bill of its kind in the United Kingdom, with the results of inquiries in England and Wales and in Scotland yet to be completed. I hope this Bill will give some comfort and hope to victims of child abuse across our country.

Following the election announcement a week ago, there has been significant worry and concern from victims about how the Bill might progress. I thank the Prime Minister and Government business managers for facilitating the Bill today, and I thank Opposition business managers and Opposition spokesmen and women for coming to agreement and for working with us to ensure this Bill passes through both Houses before the election.

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

It is the true mark of the House that, when it comes to dealing with the most vulnerable in our society—those who suffered for a long time and who have waited a long time for justice—this House rises to the occasion. That sets an example we might send back home to Northern Ireland in calling for all the political parties to come together, to get back to Stormont and to get back to working on behalf of all the people of Northern Ireland.

[Julian Smith]

I could not agree more.

I thank my colleague Lord Duncan of Springbank, Lord Hain and other noble lords and baronesses for their work in the other place last week. Many Members in the Chamber today have played a role in making today’s debate happen, particularly DUP Members, the hon. Member for North Down (Lady Hermon), the Chairman and members of the Northern Ireland Affairs Committee and many, many more.

The desire and push from Northern Ireland has been significant. On Sunday night, a number of members of the Government received a letter from a Catholic priest who represents the diocese of Down and Connor, which was the location of two of the children’s homes at the centre of the inquiry. He said that it is

“a matter of deep personal shame for me and for the Diocese that both homes were found by the Inquiry to have fundamentally failed the children in their care, enabling regimes of horrific and systemic emotional, physical and sexual abuse of children, as well as neglect. In the period before the Inquiry, I came to know some of the former residents of these homes and publicly supported them in their calls for justice and an Inquiry. Over the years of the Inquiry and since, I have watched as those who led this campaign and the hundreds of former children in care who took part in the Inquiry relived the horrors of their time in these institutions and the abuse they suffered there. As children, they arrived at these homes frightened, disorientated and with the simple hope of every child that the adults in their lives would respond to them with affection, understanding, tenderness and care. Instead, they were met so often with hard-hearted coldness, harsh regimes of sterile adult routine and lovelessness, as well as indescribable sexual and physical abuse. It is difficult to overstate the suffering that the former residents of these homes have endured and continue to endure as a result of their experience.”

On the final day of one of the most divided Parliaments in British political history, we can say, hand on heart, that we have all come together, worked together and pulled together to deliver this Bill.

[Ian Paisley (North Antrim) (DUP)]

It would be wrong if we did not pay tribute to the Secretary of State and his efforts to deliver this Bill. This has not been easy to achieve, and I know all the work done behind the scenes by my right hon. Friend the Member for Belfast North (Nigel Dodds), my party’s leader in Westminster, and by my right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson), our Chief Whip, and others to cajole and get this over the line. It is a fitting tribute to the Secretary of State, on this last day of Parliament, that the Bill will come into law. On behalf of the victims, their groups and people like Marty, Margaret and Gerry who contact us regularly, I thank the Secretary of State.

[Julian Smith]

I thank the hon. Gentleman for his kind remarks. He was at his most tenacious over the weekend in trying to make this happen.

There are many more people to thank. Unfortunately, Sir Anthony Hart, who led the inquiry, passed away earlier this year, but through his widow, Lady Mary Hart, I thank him and his team for their tireless work. I thank the other inquiry members, the Public Record Office of Northern Ireland, the Northern Ireland civil service, Northern Ireland Office civil servants, the Executive Office, the leaders of the Northern Ireland political parties and my predecessors, my right hon. Friends the Members for Staffordshire Moorlands (Karen Bradley) and for Old Bexley and Sidcup (James Brokenshire). They have all played an important part in getting to today.

[Kate Hoey (Vauxhall) (Lab)]

Does the right hon. Gentleman agree that sometimes in this House there is a feeling that Northern Ireland gets neglected or is a sideshow, but this measure today shows that the Government and Opposition knew that this was a hugely crucial issue to the people of Northern Ireland and that getting it to the House today and through this procedure is a mark of this House’s responsibility and care for Northern Ireland?

--- Later in debate ---

[Julian Smith]

The hon. Lady is right on that. I hope that if we can get this through this afternoon, we will be able to toast success for not only the Bill and the victims, but Northern Ireland itself.

This legislation will provide the necessary legal framework to deliver two of the key recommendations from the historical institutional abuse report. The first is a historical institutional abuse redress board, to administer a publicly funded compensation scheme for victims in Northern Ireland. This will be a multidisciplinary panel of one judicial member and two health and social care professionals. There are estimated to be more than 5,000 people who could apply for redress. No matter what country they live in, I urge all victims and survivors to apply: whether you are part of a victims group or whether you have lived with their abuse silently for years, please make use of this redress scheme in this Bill.

[Gavin Robinson (Belfast East) (DUP)]

The Secretary of State is right to indicate just how important that progress is today. In outlining the steps that victims will take—those from my constituency in Kincora boys’ home, and others from right across Northern Ireland and beyond—and in asking them to apply without delay, will he give us some sense of the timescales associated with the process? When we get Royal Assent for this legislation, how quickly will the panel be established and be in place not only to receive but to consider those applications for redress?

[Julian Smith]

I will come on shortly to deal with that question. The second part of this Bill creates a statutory commissioner for survivors of institutional childhood abuse for Northern Ireland, who will act as an advocate for victims and survivors and support them in applying to the redress board. Whether in fighting for support services or in ensuring that payments are made as quickly and as fully as possible, the commissioner will play a key role in delivering for victims.

[Jim Shannon]

It is important not only that we have the commissioner in place, but that the moneys available for compensation will range from £10,000 to £80,000. I wish to make the point about the De La Salle Brothers and what happened in my constituency at Rubane House, outside Kircubbin, where institutional abuse, both physical and sexual, against some young boys took place over a period. Those young people are adults now but they are traumatised. How will the trauma, and the physical and emotional effect it has upon them, be taken into consideration whenever they apply to the commissioner for help?

[Julian Smith]

I hope that one of the commissioner’s focuses will to be look at the services to support those who come forward. That will require money and organisation, but it will be a key part of the role for whoever takes on the position of commissioner.

I have just been asked about this, so let me say that one of the key concerns of parliamentarians and victims’ groups alike is the swift payment for victims and survivors after the passing of this legislation. Victims have already waited too long for redress, and as we have heard, many have died doing so. Our thoughts are with their families. Clause 14 contains provisions that allow the redress board to pay an initial acknowledgement payment of £10,000 to eligible victims before the full determination of the total compensation is payable. Clause 7 allows the redress board to take a flexible case-management approach to claims to ensure that those who are elderly or in severe ill health are considered as a priority. Those in greatest need of redress will get their payment more quickly. Clause 6 allows claims to be made on behalf of a deceased person by their spouse or children.

Other key aspects of the Bill that are important to victims and survivors include provisions that allow the redress board to convene oral hearings, but in a way that should not create an unnecessary delay for those cases in which oral evidence is not required; the ability of the redress board to determine the rate of compensation based on a number of factors, including the duration of stay in an institution; and the ability of the commissioner for survivors of institutional child abuse for Northern Ireland to make representations to any person, including to the redress board. I also wish to confirm to the House that my Department is working closely with the Northern Ireland civil service and David Sterling to ensure that there is adequate resource and capacity for this redress scheme, so that it can get going as urgently as possible.

[Paul Girvan (South Antrim) (DUP)]

I am pleased to hear about the possibility of streamlining this process. Is there any indication that any of these payments will be made within this current financial year, irrespective of the bureaucracy of the hearings that have to take place? I am talking about the interim payment of the £10,000.

[Julian Smith]

We have begun a project management team between the Northern Ireland Office and the Northern Ireland civil service. I know that David Sterling and the Executive Office have spent time this week looking at how things can be accelerated, but I wish both to acknowledge the need to move quickly and to recognise the fact that this will take a bit of time. We need to get this legislation through, and then we need to get on with how we can press forward with this.

I want to pay tribute to the victims groups that I have engaged with over these past few months and that have engaged with my predecessors and other political leaders: Survivors North West, Survivors Together, the Rosetta Trust, and SAVIA—Survivors and Victims of Institutional Abuse. They have campaigned on behalf of the people they represent with strength and dignity. Many victims are old and ill. They have not only had their childhood and lives blighted, but they have had to wait, year after year, for the child abuse and what happened to them to be recognised.

At each meeting with the victims groups at Stormont House, I noticed that Jon McCourt from Survivors North West had a small battered copy of the Hart report laid on the table in front of him. There was huge hope and trust in that copy of the report that there might finally be acknowledgement of what he and his friends had had done to them as children. Jon has held that copy of the report close, gripping it tightly for three long years, meeting politician after politician, civil servant after civil servant—anyone who could make a difference in getting redress. The battered cover of Jon’s report, once blue, has now faded. That report contains the grimmest details of the twisted blows laid on the hope and innocence of the children taken into care in Northern Ireland at different times over much of the 20th century. It details how the Kincora hostel in Belfast was completely captured by three child abusers for the same number of decades, leaving them free to anally rape and masturbate at will those boys they were meant to protect.

The report details the impact of the child migrant scheme to Australia. Witness HIA 324 describes his experiences in his statement, as follows:

“My life in institutions has had a profound impact on me. I have always wondered what it would be like to have had a family—a mother and father and brothers and sisters. I never got the chance to find out because I was sent to Australia. We were exported to Australia like little baby convicts. It is hard to understand why they did it… I still cannot get over the fact that I was taken away from a family I never got the chance to know. I was treated like an object, taken from one place to another… I have a nightmare every night of my life. I relive my past and am happy when daylight comes.”

HIA 324 was born in 1938 and was 75 when he spoke those words to the inquiries team in Perth in 2013, but he died before he could sign his statement.

The Hart report highlights how the congregations that supported the four Sisters of Nazareth homes were well aware of the physical and emotional abuse happening in those homes, but did nothing to stop it. The report details how the Sisters of Nazareth would regularly conceal or ignore the presence of the sisters or brothers of those children in their care, hiding them from them. The report details the assault of girls in Nazareth House, with one case in which a girl had her head banged against white tiles for not washing properly. She recalled that there was blood all over the white tiles, and she suffered hearing problems afterwards.

The report details how the Norbertine Order, and then diocese after diocese, failed to stop Father Smyth, a known abuser, from travelling the length and breadth of Northern Ireland and Ireland, abusing hundreds of children. The report confirmed that at Rubane House, boys were sexually abused throughout the four decades that the home operated. It was not just sexual abuse; page after page of the report details the bullying, the use of Jeyes fluid and the confidence attacks on menstruating girls and on young children who wet their beds. The report outlines failure after failure by statutory authorities and the Government to ask the right questions, to show basic levels of care, or to follow up on the condition of those children sent thousands of miles away to Australia.

The Bill, which we hope to pass today, cannot undo the acts perpetrated on the victims, and it does not extend to the other areas of the UK that are currently being addressed by the child abuse inquiry here in London and a similar inquiry in Scotland, but it will show to Northern Ireland victims that action has been taken, and I hope that in a short time similar action can be taken, through legislation, for the rest of the UK.

I started off by thanking the number of colleagues who have helped to get this Bill delivered today, those who have worked on the Hart report and those who have worked to support this legislation, but this is not our Bill; it is the Bill of the victims and survivors, and of their representatives, some of whom are present today. For anyone involved at whatever stage, it has been a humbling experience to work with Northern Ireland victims and survivors who suffered child abuse while in care. The resilience and humanity of the victims should drive us all in our daily responsibility to every child, whether through our families, our work, our responsibilities or our communities.

Victims were let down not just by the perpetrators and institutions, but by the Churches, councils and Governments who were meant to look after them—standing by, ignoring, not checking, turning a blind eye. People knew at the time. The De La Salle Order set down guidelines for the physical layout of its buildings to ensure that behaviour could be observed at all times—for example, on how windows should be placed in doors to ensure clear sight of what was going on in rooms:

“The Brother Director shall be careful that the parlour doors have glazed panels without curtains in such a manner that the interior may be easily seen.”

The ultimate legacy of the Northern Ireland victims and all child abuse victims, from the Hart report and from the Bill, must be for us all to ensure that we do everything within our power to protect children.

“When I was a child, I spoke as a child, I understood as a child, I thought as a child; but when I became a man, I put away childish things.”

Child abuse victims never had their full childhood and were then held hostage by the experiences that they had throughout their lives. I hope that the Bill goes some way towards providing Northern Ireland victims with redress, and for other victims throughout our country, I hope that their time for redress will come very soon. I commend the Bill to the House.

--- Later in debate ---

[Julian Smith]

With the leave of the House, Madam Deputy Speaker, I just want to come back on a few points that I was asked about. Before I do, may I thank my ministerial colleagues in the Northern Ireland Office? No Secretary of State could ask for better colleagues than the two on either side of me at the Dispatch Box today, who have also played an incredible part in trying to move this Bill forward.

The hon. Member for Ealing North (Stephen Pound) raised the issue of the financing of the scheme and the timetable. As I mentioned in my opening remarks, officials in the Executive Office are already working on the implementation programme. They aim to make shadow board appointments to work on policies, procedures and standards so that the board can start considering claims as soon as practicable after it is officially launched. Officials in the Executive Office are also working hard to ensure that the consideration of claims can begin as soon as practicable after the Bill becomes law, and exploring the possibility of opening up applications in advance of the establishment of the board. Obviously, we will all want to do whatever we can. In particular, the Government will do whatever we can to make sure that we play our part in moving things forward as quickly as possible.

The funding for the scheme comes from the block grant, but clearly we will be making sure that we do everything we can to support the Executive Office.

[Gavin Robinson]

On the points about process, the Secretary of State is injecting a bit of positivity and we hope that this will progress quickly. On 6 December, he is mandated to lay reports under the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018. Given that we are going to have to do that process anyhow, could a line on progress updates and the processes that follow be inserted in the Bill?

[Julian Smith]

I will do whatever I can, within the constraints of the purdah period, to update right hon. and hon. Members and the public.

My right hon. Friend the Member for Staffordshire Moorlands (Karen Bradley) referred to the fact that this legislation is the most robust basis for the redress scheme and the commissioner. That is worth reiterating. It would not be on as sound a footing if we had not got what we hoped to get today, so she is absolutely right. She is also right to point to the fact that hopefully after the election we can get the Executive and the Assembly going, because that is the best place to do all NI legislation.

The hon. Member for Belfast South (Emma Little Pengelly) was very clear about how productive the Northern Ireland Assembly and the Executive had been around the time of the Hart report, and on other issues. That period gives us all hope that we will get back to a position where we will restore the Executive and the Assembly.

My hon. Friend the Member for Worthing West (Sir Peter Bottomley) made an extremely valid point. It is something I was worrying about last night as I re-read parts of the report. There are many, many people of different ages—people who may not have been in care but may have been abused in other settings—who will no doubt be the subject of reports going forward.

I thank all colleagues for all their kind remarks, and again pay tribute to the victims groups who are sitting here today. They may have missed their current flights, but we have arranged for them to be able to go later. I hope we will all be able to celebrate with them shortly.

Question put and agreed to.

Bill accordingly read a Second time.

Motion made and Question put forthwith (Standing Order No. 63(2), That the Bill be committed to a Committee of the whole House.—(Maggie Throup.)

Bill considered in Committee.

[Dame Rosie Winterton in the Chair]

Clauses 1 to 34 ordered to stand part of the Bill.

Schedules 1 and 2 agreed to.

The Deputy Speaker resumed the Chair.

Bill reported, without amendment.

Third Reading

[Julian Smith]

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

That was, I think, one of the shortest Committee stages in this Parliament’s history. Having been Government Chief Whip, I only wish that another policy area of this Government could have been covered so quickly.

As has been said during the course of this debate, in powerful speeches from Members across the House, this is a day for victims—the victims from Northern Ireland who are in the Public Gallery today, the victims from Northern Ireland who are sitting at home, and all victims of child abuse who have yet to have redress and a full acknowledgment of what they went through. I am extremely grateful to the House for all the support and for all the civil service support, and I think this is a very fitting way to finish this Parliament.

Northern Ireland (Executive Formation and Exercise of Functions) Act 2018: Section 4 Report

Julian Smith Excerpts

Tuesday 5th November 2019 Written Statements

[The Secretary of State for Northern Ireland (Julian Smith)]

This statement is issued in accordance with section 4 of the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018, “the NIEFEF Act”. Section 4 of the Act requires that I, as Secretary of State for Northern Ireland, report on a quarterly basis on guidance issued under that section of the Act. It also requires me to report on how I plan to address the impact of the absence of Northern Ireland Ministers on human rights obligations within three months of the day the Act was passed.

The Act received Royal Assent on 1 November 2018. Following careful consideration of the sensitive issues section 4 deals with, and in consultation with the Northern Ireland civil service, guidance under section 4 was published on 17 December 2018.

The guidance made clear that it could not be used to change the law on abortion or same-sex marriage in Northern Ireland. The guidance also provided that all relevant Northern Ireland Departments should continue to have regard to all of their legal obligations, including the Human Rights Act 1998 and sections 24 and 75 of the Northern Ireland Act 1998, in exercising any relevant functions in relation to abortion and same sex marriage.

Three reports required under section 4 have been published as written ministerial statements to date, on 30 January 2019, 1 May 2019 and 4 September 2019.

Since the NIEFEF Act passed, the Northern Ireland (Executive Formation etc) Act 2019 (NI EF Act) has also passed, placing duties on the Government to make regulations to provide for same-sex marriages and opposite sex civil partnerships in Northern Ireland by 13 January 2020, and to change Northern Ireland’s abortion law, with regulations providing for a new regime to be in place by 31 March 2020. The relevant provisions came into force on 22 October 2019 given that the Northern Ireland Executive was not restored by 21 October 2019.

In respect of abortion, the coming into force of section 9(2) of the NI EF Act has meant that sections 58 and 59 of the Offences Against the Person Act 1861 have now been repealed in respect of Northern Ireland. A moratorium on all investigations and prosecutions brought under those sections has also come into effect, regardless of the date on which any offences took place, under section 9(3) of the Nl EF Act. Therefore the incompatibility with human rights identified in section 4(1)(a) of the NIEFEF Act no longer exists. The new legal framework for abortion in Northern Ireland will be set out in regulations to come into force by 31 March 2020.

The Government launched the consultation on the proposed new framework for post 31 March 2020, A legal framework for abortion services in Northern Ireland, on 4 November 2019. The consultation will run for six weeks, closing on Monday 16 December 2019.

The Government will keep its position on the initial guidance published under section 4 of the NIEFEF Act under review, in the light of the legal duties under sections 8 and 9 NIEF Act, and work towards making the regulations which will come into force by 13 January 2020 for same-sex marriage and opposite sex civil partnerships and 31 March 2020 for abortion.

[HCWS97]

Independent Reporting Commission: Second Substantive Report

Julian Smith Excerpts

Monday 4th November 2019 Written Statements

[The Secretary of State for Northern Ireland (Julian Smith)]

I have received the second substantive report from the Independent Reporting Commission (IRC).

The IRC emanated from the Fresh Start agreement of November 2015. The agreement set out the Northern Ireland Executive’s commitments around tackling paramilitary activity and associated criminality. This work continues to be taken forward through a Northern Ireland Executive Action Plan which contains 43 recommendations.

This second substantive report builds on the work already undertaken by the Commissioners. While the report provides an update on progress achieved to date, the Commission rightly continues to remind us of the challenging work still to be done. Also, as my predecessor referenced last year, the absence of a functioning executive continues to have an adverse impact on delivery of this important work. I remain resolute in finding a way forward in relation to that.

I would like to thank the Commissioners for all of their work to date.

[HCWS72]

Northern Ireland

Julian Smith Excerpts

Thursday 31st October 2019 Commons Chamber

[The Secretary of State for Northern Ireland (Julian Smith)]

I beg to move,

That the Northern Ireland (Extension of Period for Executive Formation) (No. 2) Regulations 2019 (S.I., 2019, No. 1364), which were laid before this House on 21 October, be approved.

I just wanted to add to my tribute yesterday to your speakership by saying something about the Education Centre, Mr Speaker. During my comments, I did not mention all the amazing feedback that I have had from my constituents on the centre, which you were so key to developing. Listening to the tributes that have been paid to you, it seems to me that you will have limitless invites to the Kennington Tandoori, should you so wish, over the coming years.

Having sought the House’s approval for the Northern Ireland Budget Bill yesterday, I now seek the House’s approval for this equally vital statutory instrument. I announced on 21 October an extension of the period for Executive formation to 13 January 2020. That is the only extension permitted under the terms of the Northern Ireland (Executive Formation etc) Act 2019, and I have no discretion as to the length of the extension.

I took the decision because, despite relentless engagement over the summer with the political parties and the Irish Government, the political parties have not been able to reach the accommodation that we know they need to reach to form the Assembly and the Executive. I was disappointed to have to take this approach and extend the period, but failing to extend the period and leaving it to expire at the end of 21 October would have severely constrained the ability of the Northern Ireland civil service to make decisions in the absence of Ministers. It would also have precipitated an Assembly election. That would not have been the right approach for Northern Ireland at this time.

I am pleased that, in the last week, the Northern Ireland political parties have indicated a willingness both within and outside this place to restore the institutions. There will be a short window after the general election, and before the 13 January deadline, when talks should be convened. I hope that both parties will engage seriously. As I have said in this House many times, the remaining issues are soluble if the will is there. These regulations ensure it is possible to undertake that swift work once a new Administration is formed in December. I will remain in close contact with all political parties in Northern Ireland throughout the election period, and I am sure the whole House will join me in urging the parties, particularly Sinn Féin and the DUP, to show leadership and to be ready to restore the institutions. I commend these regulations to the House.

Northern Ireland Budget Bill

Julian Smith Excerpts

2nd reading: House of Commons
Wednesday 30th October 2019 Commons Chamber

[The Secretary of State for Northern Ireland (Julian Smith)]

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

As the House well knows, Northern Ireland has now been without a functioning Executive for almost three years. Since May, the Northern Ireland parties have engaged in a series of cross-party talks focused on getting Stormont back up and running. It remains my assessment that the issues preventing the restoration of Stormont are few in number and soluble in substance, and I stand ready to facilitate further talks if and when political parties are willing to move forward. However, until such time as they are able to reach an agreement, the UK Government and this Parliament have a duty to ensure good and functional governance in Northern Ireland. We have a duty to ensure that public services can continue to be provided for all citizens of Northern Ireland. This Bill upholds that duty by placing the budget published in February 2019 by my predecessor on to a legal footing and enabling the Northern Ireland civil service to access the full funding for this financial year.

[Gavin Robinson (Belfast East) (DUP)]

I am grateful to the Secretary of State for allowing me to intervene so early in his speech, on the issues of public finance and the ability of our services to respond appropriately. I do so because I am mindful of the comments you have made, Madam Deputy Speaker, about the ability to table amendments. The Secretary of State knows that I have a keen interest in pursuing a legislative fix that would allow our Co-Ownership housing association in Northern Ireland to be able to avail financial transactions capital. The organisation would then be redefined so that it would not burden the public finances. Billions of pounds in housing association loans would not be on the public balance sheet. What commitments and assurances can the Secretary of State give that would assuage me from my desire to amend this Bill?

[Julian Smith]

The hon. Gentleman has been precipitous in his intervention, as he often is. I will address that point shortly.

Since January 2017, Parliament has legislated four times to secure the public finances of Northern Ireland. These were not interventions that the UK Government wanted to make, but they were necessary to ensure the continued provision of public services in the absence of an Executive.

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

I am extremely grateful to the Secretary of State for giving way again. I had a stab at making this point earlier today during Northern Ireland questions, and I wonder whether he will indulge me just one more time.

I assume that the part of the budget that is covered by schedule 1, relating to the Department for Communities, covers welfare mitigation payments in Northern Ireland up until March 2020. In the September 2019 joint report of the Select Committee on Northern Ireland Affairs and the Select Committee on Work and Pensions, entitled “Welfare policy in Northern Ireland”, the Committees point out that ending the mitigation payments after March 2020 could make some 35,000 households in Northern Ireland worse off by hundreds of pounds a month. Is the Secretary of State aware of that?

The Department for Communities cannot extend these payments because, in the absence of the Assembly, that requires ministerial action. This is urgent because the Department is saying that it will need to start advising claimants by this autumn of significant cuts to their welfare payments next year, unless the Government act.

[Steve McCabe]

May I have just one second more? I am very grateful, Madam Deputy Speaker. I am sure the Secretary of State does not want an unintended consequence in Northern Ireland, so will he look at this issue and act now?

[Julian Smith]

The hon. Gentleman tackled me on this issue in the Tea Room earlier. I will refer to it, and my right hon. Friend the Minister of State, Northern Ireland Office, will also refer to it in Committee. We are aware of this welfare challenge. It is indeed a responsibility of the Northern Ireland civil service; civil servants do have a power that they can use with regard to the discretionary housing payments. However, I assure the hon. Gentleman that I will spend time on this issue over the coming days and weeks, because it is an important one.

[Frank Field (Birkenhead) (Ind)]

This is an immensely important issue for some of the very poorest people in Northern Ireland. Might the Secretary of State go back to the Department and ask his permanent secretary what powers he can draw the Secretary of State’s attention to that will allow him, before the week is out, to take action to prevent people from falling off the cliff into greater poverty?

[Julian Smith]

I am in the process of working through how we can move forward with this. It is a devolved matter, but I will be speaking to the Northern Ireland civil service over the coming days and weeks. As has been alluded to, these are funds and mitigations that help the most vulnerable citizens in Northern Ireland. I take these matters seriously, and I will come back to the hon. Gentleman and the right hon. Gentleman in due course.

[Frank Field]

Given that we do not have devolved government in Northern Ireland, surely there are powers somewhere that will allow the Secretary of State to act while we are waiting for ever and a day for devolved government.

[Julian Smith]

Indeed, the Northern Ireland civil service has a power, but if I can leave it there, I will come back to this House and come back to the hon. Gentlemen about this matter.

[Sammy Wilson (East Antrim) (DUP)]

Does the Secretary of State accept, however, that even with the powers that civil servants have, the cost of these mitigation measures is such that budgets will have to be rejigged—quite substantially rejigged—and that that can be done only if a Minister makes a decision? Is this not yet another example of the Secretary of State burying his head in the sand and pretending that the Executive will come back when he knows that they are not going to come back? This can be dealt with only if civil servants bring forward a report saying, “This is the money that is required and this is how we see it being reallocated.” Someone has to make a decision, and it will probably be a Minister here.

[Julian Smith]

The right hon. Gentleman makes an important point. However, I go back to the fact that it is, I think we all agree, in Northern Ireland’s best interests that the Executive are reformed and the Assembly gets back up and running. Any idea that it is a better solution to take powers here at Westminster is false, and we have to focus on that.

[Lady Hermon (North Down) (Ind)]

rose—

[Julian Smith]

I am going to make some progress.

I would like to pay tribute to the Northern Ireland civil service. It has the most dedicated civil servants who are continuing to deliver public services in the absence of political leadership and political decision making. Hon. Members from across the House have approached me today raising legitimate concerns about the future of public services. While today’s debate is not the place to tackle these issues—this Bill simply makes the necessary authorisations for expenditure for this year—those Members are right that they need to continue to be monitored carefully, and that is what we will be doing. However, we are up against a lack of a local decision making.

[Lady Hermon]

rose—

[Julian Smith]

Could I continue to make a little progress?

There are some significant challenges to reflect on, such as housing associations and welfare reform, but there are opportunities, too. The £163 million growth deal announcement to Northern Ireland shows what can be achieved when politicians of all backgrounds, local businesses and community leaders come together to shape the economic future for their local area and for Northern Ireland as a whole. That is why we want to see these issues taken forward by a restored Executive.

To my frustration, however, it is necessary once again for Westminster to intervene to provide the necessary authorisations for expenditure in Northern Ireland in the continuing absence of an Executive and of a functioning Assembly. The finances of Northern Ireland Departments are in a critical state. The legal authority for the Northern Ireland civil service to spend is currently capped at approximately 70% of the opening position of the previous financial year’s budget—a spending cap that was approved by this House in March 2019. The Northern Ireland Audit Office and the public services ombudsman have already reached their cash limits, and the Department of Finance has been forced to issue two Departments with contingency funding. This temporary financial measure can be used on a very short-term basis to manage the smaller Departments running out of cash, but it is just not tenable for a significant number of Departments.

[Lady Hermon]

I am grateful to the Secretary of State for allowing me to intervene. He reminded the House in his opening remarks that we have not had a functioning Assembly for almost three years. I am astonished and disappointed—and I am sure that the vast majority of the public in Northern Ireland will be extremely annoyed—that the Bill mentions the remuneration of MLAs yet again. I had a horrible feeling when the Secretary of State mentioned a review, when I challenged him about the continuation of MLAs’ salaries in Northern Ireland questions today. We have had a review. We had a review two years ago by Mr Reaney, who reported in December 2017. Two years on, we do not need more long grass dressed up and disguised as a review. Why does the Secretary of State hesitate in getting on and doing the right thing by the people of Northern Ireland, by cutting MLAs’ salaries? It is so obvious that he should be doing that.

[Julian Smith]

The hon. Lady raised that issue with me earlier today. I spoke to her three days ago about this review. I am on it, but as I said, I want to ensure that I balance the need to ensure that public expenditure is reduced with the fact that I want the Assembly up and running. I am not going to stand here and accept the premise that this Assembly and Executive cannot get up and running.

[David Simpson (Upper Bann) (DUP)]

As I mentioned in Northern Ireland questions today, many of our MLAs are doing a fantastic job through their offices. It is important that we keep that representation for the general public.

[Julian Smith]

It is indeed. There is so much more that they could do if they were in the Assembly, and we need to hang on to that over the coming weeks.

If Royal Assent is not granted by the end of October or as soon as possible thereafter, there is a risk that the Northern Ireland civil service will assess that the only way to continue to deliver public services in Northern Ireland is by exercising emergency powers under section 59 of the Northern Ireland Act 1998. Using those emergency powers would constrain the Northern Ireland civil service to spending 95% of the previous year’s budget, effectively delivering a significant real-terms cut to the funding of public services. Northern Ireland Departments would have to consider their current budget allocation against their identified priorities and their available cash, which could put at risk essential services such as those within the health service.

[James Brokenshire (Old Bexley and Sidcup) (Con)]

I know that my right hon. Friend will be taking these steps very reluctantly, as I remember doing when I was in his post. He has highlighted the deals and the investment in various parts of Northern Ireland. I am conscious of investment in the north-west and promoting economic activity and opportunity in that part of Northern Ireland. Can he comment on the plans for a graduate medical school at the Ulster University Magee campus in Derry/Londonderry, which could promote a sense of skill and opportunity and secure the positive outcome that we would like to see for the north-west?

[Julian Smith]

I thank my right hon. Friend for his intervention. He has worked hard to promote the merits of the Magee campus, as have others. I visited it only two weeks ago. I am extremely committed to making that work, as I know he is. I think that we are close to a position where we can move that forward. It is a devolved matter, but there are things we can do, and we will continue to do them.

The Bill upholds our commitment to good governance in Northern Ireland by preventing the Northern Ireland civil service from having to rely on emergency section 59 powers. It is a budget set by the UK Government, but one that the Northern Ireland civil service must plan and implement. If Stormont gets back up and running within the financial year, the new Executive will be able to adjust the budget as they see fit and amend the legislation at the end of the financial year. The Bill does not authorise any new money. In the absence of a functioning Executive and Assembly, it simply authorises spending money that has already been allocated by this Parliament in the UK estimates process, together with locally generated revenue.

[Paul Girvan (South Antrim) (DUP)]

I want to ask the Secretary of State about Barnett consequentials from money that has been ring-fenced for special projects. One example is the high streets fund, to help our town centres in the United Kingdom. We got our Barnett consequentials in Northern Ireland, but that money has been swallowed up by the Departments and used to plug holes in their budgets. We have not been able to ring-fence that money and ensure that money coming from the Exchequer is used for the intended purpose.

[Julian Smith]

My hon. Friend raises an important point. The Barnett consequentials, whether of the spending review or of other allocations from this place and from Whitehall, are very difficult to attribute due to the lack of an Executive. We are seeing a sort of constipation in the system, as we have cash arriving but no decision making to spend that cash.

I shall now briefly turn to the Bill’s contents, which largely rehearse what the former Secretary of State set out to this House in a written ministerial statement earlier this year. In short, the Bill authorises Northern Ireland Departments and certain other bodies to incur expenditure and use resources for the financial year ending on 31 March 2020.

Clause 1 will authorise the Northern Ireland Department of Finance to issue £5.3 billion out of the consolidated fund of Northern Ireland. The sums of money granted to Northern Ireland Departments and other bodies are set out in schedule 1, which also sets out the purposes for which the funds are to be used. The allocations in this budget reflect where the key pressures lie in Northern Ireland, building on discussions that the UK Government have had with the Northern Ireland civil service, the main parties in Northern Ireland and broader stakeholders, and, where possible, reflecting the previous Executive’s priorities.

Clause 2 will authorise the temporary borrowing by the Northern Ireland Department of Finance of about £2.6 billion to safeguard against the possibility of a temporary deficiency in the consolidated fund of Northern Ireland. If used, this money would be repaid by 31 March 2020.

Clause 3 will authorise Northern Ireland Departments and other specified public bodies to use resources amounting to about £6 billion in the year ending 31 March 2020 for the purposes specified in schedule 2.

Clause 4 will set limits on the accruing resources, including both operating and non-operating accruing resources, that may be used in the current financial year. The Bill would normally have been taken through the Assembly. Clause 5 therefore includes a series of adaptations that ensure that, once approved by both Houses in Westminster, the Bill will be treated as though it was an Assembly budget Act.

Alongside the Bill, I have laid before the House, as a Command Paper, a set of main estimates for the Departments and bodies covered by this budget Bill. These estimates, which have been prepared by the Northern Ireland Department of Finance, set out the breakdown of resource allocation in greater detail than the schedules to the Bill.

This is a fair and balanced budget that provides a secure basis for protecting and preserving public services, with a real-terms increase in health and education spending and protections for frontline Departments delivering key public services, but the budget is not an easy one. It requires savings and efficiencies to enable Departments to live within their means, and it will fall to the Northern Ireland Departments to plan and prepare to take decisions to do just that. As I hope right hon. and hon. Members will agree, this is very much a minimal step to ensure that public services can continue to be provided in Northern Ireland for the full financial year.

As I conclude, I will set out once again a point that I have made several times before to this House. The UK Government are steadfastly committed to the Belfast agreement. Legislating on Northern Ireland budgetary matters at Westminster is not a step that I or my ministerial colleagues want to take—nor is it one that I would wish to take again. I am determined to restore the political institutions set out in the 1998 agreement and its successors at the earliest possible opportunity. On 14 October, the people of Northern Ireland had gone without a power-sharing devolved Government for 1,000 days. The continued failure to restore the Executive will bring extremely difficult choices about how to ensure effective governance in Northern Ireland.

Northern Ireland (Executive Formation etc) Act 2019

Julian Smith Excerpts

Monday 28th October 2019 Commons Chamber

[The Secretary of State for Northern Ireland (Julian Smith)]

I beg to move,

That this House has considered the Report pursuant to section 3(5) of the Northern Ireland (Executive Formation etc) Act 2019, which was laid before this House on Wednesday 23 October.

On 23 October, I published a report setting out the latest position on progress on Executive formation, transparency of political donations, higher education and a Derry university, presumption of non-prosecution, troubles prosecution guidance and the abortion law review. This is the third report published on these issues in line with the Government’s obligations under the Northern Ireland (Executive Formation etc) Act 2019.

I was disappointed on Monday to have to extend the period for Executive formation to 13 January 2020. I extended the period because the parties have still not been able to reach an accommodation to get Stormont back up and running. Failure to extend the period would have meant removing from the Northern Ireland civil service what limited decision-making power it currently has. That would not be in Northern Ireland’s interest and it would have precipitated an early Assembly election.

While the political parties continue to be unable to reach an accommodation, public services in Northern Ireland continue to deteriorate, hospital waiting lists get longer and frustration continues to grow. I have been in Belfast and Derry/Londonderry in the past few weeks for discussions with all five main political parties. That contact will continue over the coming weeks, as will my close working relationship with Simon Coveney, the Tanaiste, in line with the three-stranded approach.

The issues that remain between the parties are few in number and soluble in substance. It will take real commitment for the main parties to reach a compromise on those issues, but just this weekend, both the largest parties said that they wanted to restore the institutions as soon as possible. I say to the two major parties, the Democratic Unionist party and Sinn Féin: I stand ready to facilitate further talks if and when they are genuinely willing to move forward, but it is a compromise that they must be ready to reach themselves, and it cannot be imposed from this place.

Continued failure to restore the Executive will bring about extremely difficult choices about how to ensure effective governance in Northern Ireland. The Government will need to consider the appropriate next steps, including considering the duty that will be placed upon me as Secretary of State to set a date for an Assembly election.

A restored Executive and Assembly remain the best way forward for Northern Ireland, not least in the light of the UK’s impending exit from the EU. Northern Ireland needs Stormont up and running, a restored Executive and the political leadership that would bring, and I will continue to do my best to make that a reality.

Turning to abortion, I recognise that this is a sensitive and often divisive issue and that we will continue to hear representations from both sides of the debate as we move towards laying the regulations, but Parliament has spoken and the duty under section 9 of the Northern Ireland (Executive Formation etc) Act 2019 has now come into effect, the Northern Ireland Executive having not been restored by 21 October. Immediate changes to the law have now resulted: sections 58 and 59 of the Offences Against the Person Act 1861 have been repealed and there is now a moratorium, meaning that all prosecutions and investigations that were under way will now be stopped. We have had confirmation that on 23 October the one live prosecution in Northern Ireland was dropped and that the woman is no longer facing criminal charges.

We will consult on the proposals for the new legal framework and the regulations, which are to be made by 31 March 2020. In the meantime, women seeking access to services in England can do so free of charge, with all costs of the procedure, including travel and, where needed, accommodation, being paid for by the Government. Arrangements can be made by contacting a central bookings service, and we have made this number and the services provided known on gov.uk. We continue to engage with health professionals in Northern Ireland and will reach out to the widest possible range of stakeholders to hear their views on the consultation proposals over the coming days and weeks. We are also working with health professionals to ensure that the appropriate services can be established in line with the new legal framework. It is crucial that we get the legal framework right, and we are confident that service provision in Northern Ireland can meet the needs of women and girls.

On the presumption of non-prosecution and troubles prosecution guidance, reforming the legacy system in Northern Ireland remains a major priority for the UK Government.

[Nigel Dodds (Belfast North) (DUP)]

On the subject of abortion, it is interesting that the Secretary of State has not yet referred to something that has occurred since he last gave a report: the fact that the Assembly in Northern Ireland did actually meet. There was a petition, and Members did turn up, including all the Members for our party and those from other parties, seeking to do the business of the Assembly and to get a Speaker elected, but others, including Sinn Féin, were not prepared to take part and take responsibility for these decisions. First, why has he not referred to this development? Secondly, what does he think about parties that talk a lot about wanting to get devolution up and running but that, when there is a legally constituted meeting of the Assembly ready to do business, refuses to participate?

[Julian Smith]

My right hon. Friend is right that the Assembly was reconstituted last Monday. I took some hope from the fact that people were speaking in the Assembly, but we needed it to run for longer than a day. I repeat what I said earlier: we need all parties to be present and standing ready to get the Executive up and running.

Last year, the Northern Ireland Office consulted extensively on the Stormont House agreement. This consultation ran from May to October 2018 and revealed wide support for the broad institutional framework of the Stormont House agreement and a consensus among the main parties in Northern Ireland that the UK Government should push ahead with legislation. At the same time, the consultation process revealed a number of areas of public concern about the detail of the proposals, including how the institutions interacted, how their independence could be preserved and the overall timeframe and costs.

I firmly believe that we must now move forward with broad consensus. It will be essential to demonstrate that any approach we take is fully capable of facilitating independent, effective investigations into troubles-related deaths and providing Northern Ireland with the best possible chance of moving forward beyond its troubled past.

[Lady Hermon (North Down) (Ind)]

The Secretary of State will be well aware—because, of course, he wrote it—of the statement in the foreword to the consultation paper on the victims payment scheme that

“as a society we have a moral duty”

—a moral duty—

“to acknowledge and recognise the unacceptable suffering of those seriously injured in the Troubles”.

Surely to goodness, the Secretary of State accepts that we as a society have a moral duty to acknowledge and recognise the unacceptable suffering of those seriously injured in the appalling Omagh bombing, which took place four months after the signing of the Belfast/Good Friday agreement. Will he make a commitment tonight, and agree and accept that those seriously injured in the Omagh bombing will qualify under the victims payment scheme? Please will he give a fair commitment tonight, and not put them through all the waiting for the consultation to be completed?

[Julian Smith]

The consultation paper makes very clear that we have not set a timeframe. We have talked about the period of the troubles ending with the Good Friday agreement, but I am not prejudging the decision. Omagh is one atrocity, but there are many more, subsequent to the agreement, that we will have to consider as well. I want to hear from all victims. I want to hear from people who may not have been involved in a tragedy such as Omagh but whose victimhood may have resulted from their being in prison or being attacked, or as a result of a range of other experiences. I want to hear from all those people, and we will then reflect on what, if any, is the best timeframe for the payments.

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

The Secretary of State will know that there have been many detailed discussions about the legacy proposals, including discussions about dates. He will also know, from his time in his current role and also from briefing about events that preceded it, that—as far as I can recollect—all the political parties have been flexible about taking a compassionate approach. I do not think that this should be a controversial issue; I think that we should show compassion.

[Julian Smith]

I appreciate my hon. Friend’s intervention. That is exactly the approach that the Government will take. We cannot be hard and fast. We must be inclusive. We must ensure that the payment scheme, for which many Members have campaigned on behalf of constituents throughout Northern Ireland, applies to all victims. We talked about the period of the troubles during the consultation, but I was also careful to ensure that we would not be restricted to that and that we would work with Opposition parties to bring about a better definition if we need to define a period that is acceptable to us all.

[Tony Lloyd (Rochdale) (Lab)]

While we are on the subject of compassion, may I ask the Secretary of State to clarify the position in respect of the Historical Institutional Abuse (Northern Ireland) Bill? There is a rumour that the Government do not plan to introduce it in the House of Commons in the immediate future. That may not be true, but it would be a retrograde step, and I should be grateful if the Secretary of State commented on the Bill’s progress.

[Julian Smith]

The hon. Gentleman is posing questions about business management that I was qualified to answer a few months ago, but I am now in the hands of the business managers. I will say that today’s debate in the other place was extremely moving. The Labour party, the Democratic Unionist party and the hon. Member for North Down (Lady Hermon) have been hugely supportive of the Bill. We need to accelerate it and drive it forward, and I will continue to make strong representations, to my successor and to the Leader of the House.

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

Will the Secretary of State concede, and agree with us, that if the Government were to win the day tomorrow on an early general election, what he has said just now will not come to pass?

[Julian Smith]

Well, it is true that if there is a general election there is usually a wash-up period, but in all scenarios I will be making the case that we need to get the HIA Bill through. I am concerned that there are many very vulnerable victims who have been waiting a long time—many of them are over 70 and in ill health—so we need to get on with this. I will be working hard, and if other Members are able to assist me in making representations, I will appreciate it.

[Nigel Dodds]

I am sure we will be able to come to the Secretary of State’s assistance in that matter. On this extremely important issue, which is a high priority for everyone in the House, is he making representations to the Prime Minister and others about the need to take powers in Northern Ireland more generally, because we are getting a report on a series of issues which during the passage of this Bill were picked out among a whole lot of other issues that were left untouched—the health service, education, investment, jobs, housing, the environment? All of those issues continue to sit in abeyance in the hands of civil servants. The Secretary of State has not so far mentioned the dreaded B-word: how long is he going to continue to wait before the Government actually take powers to deal with all these issues in the run-up to Brexit?

[Julian Smith]

My right hon. Friend has raised the issue of Westminster’s powers consistently and has strongly represented these views. I believe that the best way to deliver for Northern Ireland is through the Assembly, and I am worried about the consequences that would flow, even though my opposite number has been very generous in offering to help, if needed, on this issue. This is not a good place for us to be; we have to focus on Stormont, and we have to focus on the Executive.

On the issue of legacy more broadly, my ministerial colleague my right hon. Friend the Member for Ruislip, Northwood and Pinner (Mr Hurd) will be beginning meetings with a range of partners, including victims and victims’ groups and members of the armed forces, to make quick and substantive progress on this issue. We are clear that for colleagues across the House, Northern Ireland political parties and, most importantly, the people of Northern Ireland, we must move forward on this issue with broad consensus but also with renewed pace.

Alongside the substantive updates on Executive formation and the abortion law review, reports were published on the transparency of political donations, higher education and a Derry university, presumption of non-prosecution and troubles prosecution guidance. The section of the report on the transparency of political donations states that the regime in place for political donations and loans is specific to Northern Ireland. We recognise that the issue of retrospection is a sensitive one. While the Northern Ireland (Miscellaneous Provisions) Act 2014 allows for the publication of the historical record of donations and loans from 1 January 2014, we must remain cognisant of the fact that retrospective transparency must be weighed against possible risk to donors.

As we have previously made clear, the only Northern Ireland party that has written to the Government in favour of retrospection is the Alliance party. The Government have said that we will consult the Northern Ireland parties in due course about any future change to the nation’s legislation. For now, however, our focus remains on securing agreement to restore devolved Government for the people of Northern Ireland.

[Lady Hermon]

I am exceedingly grateful to the Secretary of State for taking a second intervention. Since the Prime Minister seems absolutely hellbent on having an early general election, will the Secretary of State take a few moments to explain how helpful, or not, an early general election would be to his efforts—his genuine efforts—to see the institutions of the Assembly and Executive functioning again in Northern Ireland? How helpful would an early general election be to those efforts?

[Julian Smith]

I think it is best that I swerve that question. There are some extremely important issues in Northern Ireland that require immediate attention and I want to focus on them with colleagues over the coming days and weeks. Higher education is a devolved matter and any requirement to increase student numbers will require a decision from a restored Executive.

[Lady Hermon]

I asked the Secretary of State a straight question, and I really do expect a straight answer from this very honourable Secretary of State for Northern Ireland. He is not allowed to swerve the question; he has to answer it directly. He is accountable to the people of Northern Ireland; he is the Secretary of State. We need to know how unhelpful an early general election would be to his efforts to restore the institutions in Northern Ireland.

[Julian Smith]

I want to focus on the things that need to be worked through. Those things are immediate. Those things require time now, and they cannot be delayed. Therefore, my focus is on trying to work through a whole set of issues over the coming days and weeks.

[Simon Hoare (North Dorset) (Con)]

It is clear that a general election this side of Christmas is going to lead to an extension of the timetable beyond the end of January for any chance of Stormont to be back up and running. In the Secretary of State’s mind, at what point will stumps have to be drawn, when energies have been expended and best endeavours have been deployed but success has not been forthcoming? We cannot leave the good folk of Northern Ireland without political direction and new initiatives on health, education and welfare, as the right hon. Member for Belfast North (Nigel Dodds) said. Where are we going to be on that?

[Julian Smith]

My hon. Friend makes the important point that the extension of the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 comes to an end in the second week of January, so time is of the essence. We need to make the most of this time, and all I can say is that I will do whatever I can over the coming days and weeks to ensure that we get the Executive up and running and that we focus on that as our priority.

[Simon Hoare]

I understand that, and no one in the House will doubt my right hon. Friend’s sincerity in relation to that task or the good faith with which he approaches it. However, in the heat and battle of a general election campaign, there is no scope for those discussions to continue and, dare I say it, this could slightly prejudge the outcome. Were there to be a hung Parliament, or if the Labour party were to be in office, the whole thing would change again. Let us be frank: this early general election is not helpful to the timely restoration of Stormont.

[Julian Smith]

I think I should move on with my speech, Madam Deputy Speaker.

Similarly, the decision on Ulster University’s proposal for a medical school on its Magee campus is a devolved issue, and the merits of the business case will have to be weighed up against all others that aim to address the overriding need for more medical school places. On 17 October, I met a range of stakeholders in Derry/Londonderry, and I am personally committed to seeing what I can do to assist with this ambitious project, which has secured political consensus across the local area. This Government remain open to testing the eligibility of contributing inclusive future funds towards the capital costs of the medical school.

In addition to the matters highlighted in the report, I would like to draw the House’s attention to other matters on which the Government have a duty to legislate—namely, the creation of a scheme for victims’ payments and new laws to introduce same-sex marriage and opposite-sex civil partnerships. As we discussed earlier, on 22 October the UK Government launched a public consultation on the legal framework for a troubles-related incident victims’ payments scheme, the consultation on which will run for five weeks. The UK Government would welcome comments from anyone with an interest or view, to inform the shape of legislation to be introduced by the end of January 2020. We must acknowledge and recognise the unacceptable suffering of those seriously injured in the troubles through no fault of their own, as part of wider efforts to support Northern Ireland in building its future by doing more to address its past.

The scheme is intended to provide acknowledgment to those who are living with serious disablement as a result of injury—both physical and psychological—in a troubles-related incident and to provide a measure of additional financial support. We are consulting on proposals for how such a scheme could be delivered. It is a core element of the Stormont House agreement’s proposals to help address the legacy of the troubles, and it is vital that we make progress across this and related matters. As I said earlier, we are not prejudging any element of the scheme; we are consulting to achieve broad consensus.

Following 21 October, a further duty in relation to providing for same-sex marriage and opposite-sex civil partnerships in Northern Ireland has also come into effect. The Government will ensure that the necessary regulations are in place by 13 January 2020, so that civil marriage between couples of the same sex and civil partnerships for opposite-sex couples can take place in Northern Ireland. From that date, we expect that couples will be able to give notice of their intent to form a civil same-sex marriage or opposite-sex civil partnership to the General Register Office for Northern Ireland. Given the usual 28-day notice period, the first marriages should be able to take place in the week of Valentine’s day.

Following concerns raised by the hon. Member for St Helens North (Conor McGinn) about the timing of a consultation on conversions from civil partnerships to same-sex marriage and marriage to opposite-sex civil partnerships, we are exploring whether we can consult shortly with a view to delivering the regulations as closely as possible to the previously mentioned regulatory timetable. Regulations to enable religious same-sex marriage ceremonies and to provide appropriate religious protections will also follow shortly, allowing a period of consultation so that the regulations can be tailored appropriately to the particular needs and circumstances of Northern Ireland.

Madam Deputy Speaker, I thank you and the House for your patience with this speech. I hope that I have made clear my undiminished commitment to see Stormont back up and running again. Northern Ireland needs its own locally elected representatives making decisions on local issues and making Northern Ireland’s voice heard across the United Kingdom.

--- Later in debate ---

[Julian Smith]

I will not detain the House for long, given the late hour. The hon. Member for Bristol South (Karin Smyth) made a series of important points. I will read the report she referred to and would like to discuss further with her the important issue of ensuring that the service provision, pathways and operation of this reform are done in the correct and best manner. I look forward to having further discussions about this.

The hon. Member for Paisley and Renfrewshire North (Gavin Newlands) raised several issues, including security. Northern Ireland’s threat level remains at severe, but both the PSNI and the security services continue to play an important role and work extremely hard to protect all citizens in Northern Ireland. He and the hon. Member for Belfast East (Gavin Robinson) also raised the issue of welfare, and I am looking at that. It is a devolved matter, but I will obviously be looking at it carefully.

The hon. Member for Strangford (Jim Shannon) raised a number of issues about the change to abortion law. Obviously, the repeal of criminal offences relates specifically to the procuring of abortion. It does not repeal other relevant criminal laws that exist to protect individuals. Medical procedures are carefully regulated and have to be carried out in regulated premises with appropriate care and oversight. I know how strongly he feels about this, and I would like to continue discussing it with him and others in the House over the coming months of consultation.

The hon. Gentleman’s second point was about the HIA and specifically the Rosetta group of victims of child sex abuse. I spoke to that group this evening, and they reiterated the point and said they had met him this morning. I hope to be able to provide confirmation that we will be dealing with the issues he raised as we bring in the Bill.

The hon. Member for Belfast East spoke of a missing letter. I can assure him that that letter was signed today. It has not been received by his office, but I will ensure that it is on its way. I am confident that it is. I apologise for the speed of that letter.

The hon. Member for Walthamstow (Stella Creasy), who has worked extremely hard on this policy, is right to raise the fact that we have now moved into the shaping phase for the regulations. We are launching the consultation and she is right that we are a few days later than we had hoped, but we will be producing that over the next few days. We are reflecting on the advice from royal colleges and many others, and I would appreciate the opportunity, once we have launched the consultation, of discussing with her how we address the issues she raised about provision and ensuring access to services.

The hon. Member for Belfast East raised the issue of additional reports. Those are in the House of Commons Library. I would be happy to accompany him so that we can read those reports shortly. He also raised the issue of the budget Bill. I have been fighting for more time for that Bill. We need to get that done. It provides the funding and vital services for Northern Ireland. Whatever the next few days hold, we have to get that Bill through. In all circumstances, election or otherwise, we will have to push through the affirmative statutory instrument attached to this extension.

[Gavin Robinson]

The Secretary of State will have to push that through in very quick order. Can he confirm that when he brings forward a budget Bill it will include that legislative fix he knows so well—that of co-ownership —and will he give us some further details about what he plans to do on welfare mitigation?

[Julian Smith]

I will be updating the House in respect of the first point. Welfare is a devolved matter, but I realise that it is important to Northern Ireland, and over the coming days and weeks I will be working with, and talking to, the Northern Ireland civil service.

My hon. Friend the Member for Belfast South (Emma Little Pengelly) raised a range of issues, including education and the Bengoa reforms. If we put more money into the health service, we will have to drive those reforms forward. She also talked about business. I met members of the Orange Order on Saturday, and met representatives of other business organisations today. I will do whatever I can to ensure that Northern Ireland—as well as Yorkshire!—continues to be the best place in Britain in which to do business. Northern Ireland is now covered with city deals. We must drive those through as well as looking at town deals, which were also raised. As for woodlands, I am encouraged by that proposal, and look forward to working with my DUP colleague. I hope that there will not be too many trees in the House over the coming days, but we hope to add more to Northern Ireland in due course.

Question put and agreed to.

Resolved,

That this House has considered the Report pursuant to section 3(5) of the Northern Ireland (Executive Formation etc) Act 2019, which was laid before this House on Wednesday 23 October.

Northern Ireland: Restoring Devolution

Julian Smith Excerpts

Monday 21st October 2019 Commons Chamber

[Tony Lloyd (Rochdale) (Lab) (Urgent Question)]

To ask the Secretary of State for Northern Ireland to make a statement on progress towards restoring devolution in the light of today’s extension of the period in which the legal duty to call an Assembly election is removed under section 2 of the Northern Ireland (Executive Formation etc) Act 2019.

[The Secretary of State for Northern Ireland (Julian Smith)]

The period for Executive formation under the terms of the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 is due to expire at the end of today, Monday 21 October, so I have laid before Parliament a statutory instrument to extend the period for Executive formation to 13 January 2020. That has the effect of ensuring that Northern Ireland Departments can continue to make decisions in accordance with the Act in the absence of Executive Ministers. Colleagues should be clear that the Act only provides guidance to the Northern Ireland civil service and is no substitute for everyday political decision making.

In reflecting on hundreds of interactions I have had with public sector workers, voluntary workers and members of the public, I understand that this continued absence is a huge disappointment. This extension also delays the legal obligation on me to call an Assembly election, but does not prevent me from calling an Assembly election at any time. The political parties have not reached an agreement to get Stormont back up and running, but extending this legal deadline has no bearing on my continuing efforts to restore the Executive.

As a result, from tomorrow, in relation to abortion law in Northern Ireland, sections 58 and 59 of the Offences Against the Person Act 1861 are repealed, and there will be, in addition, a moratorium on criminal prosecutions. A new legal framework for lawful access to abortion services in Northern Ireland will be put in place by 31 March 2020 in line with the 2018 UN convention on the elimination of all forms of discrimination against women report. I will be consulting on the new framework very soon.

On same-sex marriage and opposite-sex civil partnerships, regulations are to be made no later than 13 January 2020. There are two key areas on which we will consult: how to allow for religious same-sex marriage ceremonies; and the issue of conversion from civil partnership to marriage and vice versa. So that we can tailor the regulations appropriately, there will be a short consultation on these two issues before we introduce religious same-sex marriage in Northern Ireland. This will not detract from the regulations by 13 January 2020, providing for civil same-sex marriages and opposite-sex civil partnerships. The first civil same-sex marriages will take place in the week of Valentine’s day 2020.

We also intend to launch a public consultation on a scheme for payments to victims of troubles-related incidents in the coming days. I am also determined to ensure that the Government deliver on our commitments to broader legacy issues.

I cannot overstate the responsibilities of the Northern Ireland parties to find an accommodation and to ensure the future of the devolved institutions that form such an essential part of the peace process.

--- Later in debate ---

[Julian Smith]

I have been very clear that no deal is not a good situation for the United Kingdom, particularly for Northern Ireland. Now that the Prime Minister has secured a deal, I hope that we can focus on getting it over the line.

I pay tribute to the Northern Ireland civil service. They have been the most dedicated civil servants, pushing forward across a range of areas without political decision making. They do have some powers and political decision guidance under the Act, but these are inadequate; we need to get Stormont back up and running to ensure that they have the political direction they need.

On the Police Service of Northern Ireland and security, the Government have additionally invested nearly £20 million and stand ready to continue to support the PSNI financially. I am obviously responsible for security, and this is a sensitive period with police officers under threat day in, day out, but I am comforted that the PSNI is well resourced and is doing an exceptional job. I will keep the situation monitored and keep in touch with the shadow Secretary of State in that regard. On the question of the Army, I do not see the need in any circumstance for the British Army to operate in the way in which the hon. Gentleman describes. The PSNI and our security services are fulfilling all the functions in an exceptional manner.

On abortion and same-sex marriage, there is clearly concern about how the Assembly can have an influence now that the law is changing. It can have an influence, but we need to be clear that, from tomorrow, the law will have changed across those two areas. Obviously we will hear the views of and work with the Assembly, but the law will change from tomorrow.

The consequences of Stormont not getting back up and running are too profound to consider; we have to get this institution back up and running. Powers from Westminster would involve working with Dublin and a whole range of issues that we should not be having to address. The men and women who worked so hard for peace in Northern Ireland need us to—and continue to remind us that we have to—get Stormont back up and running. I will be working, as I have been over the summer, with the Irish Government to get this crucial institution running again.

On the issue of consent, this protocol has been subject to huge debate over the past few days. We have to remember that one of the biggest criticisms of the last withdrawal agreement was the fact that it needed more say for Northern Ireland. It will have no impact on the petition of concern or on the day-to-day operation of the Assembly. This is an exceptional matter; it is a reserved matter. Consulting the Assembly, we will be doing everything we can to ensure that we make that clear. I have been speaking to members of the Unionist community across the weekend. We need to ensure that we now get this deal over the line for the United Kingdom and for Northern Ireland.

[Several hon. Members rose—]

--- Later in debate ---

[Simon Hoare (North Dorset) (Con)]

Thank you, Mr Speaker.

The people of Northern Ireland clearly want to see Stormont back up and running because they are seeing their health, their education and their welfare suffer. By making this extension, the Secretary of State has provided a window that could possibly see this House overcome the hurdle that seems insurmountable for the parties in Northern Ireland, and that is to legislate for the Irish Language Act, thereby taking it out of the debate between the principal parties in Northern Ireland and removing the hurdle that is the roadblock—I am sorry for mixing my metaphors—to getting Stormont back up and running.

[Julian Smith]

The Irish Language Act is one of a number of issues that are being discussed in the talks process. I would say again that the most important and the best way to resolve these issues is through the Stormont talks. I will continue to work at pace with the Tánaiste to ensure that we encourage parties to come back together and get back into an Executive.

[Several hon. Members rose—]

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

Thank you, Mr Speaker.

Stormont and, more importantly, the people of Northern Ireland have now been without a functioning Executive for over 1,000 days. The Government’s report on Executive formation stated:

“The UK Government, working closely with the Irish Government…will now intensify our efforts to put forward compromise solutions to the parties.”

There are no formal talks between the parties at the moment. I fully accept that the Government cannot bind the hands of the parties involved, but if there are no current talks, what exactly did the Government mean by intensifying their efforts, and when will fresh party talks take place?

The Government’s reckless Brexit policy and their agreement with the DUP have severely undermined the delicate balance of relationships that built and sustained the Good Friday agreement. Given the breakdown in the Government’s relationship with the DUP, does the Secretary of State envisage that this will have an impact on efforts to restore the Assembly and the Executive?

The Government have confirmed that the imposition of direct rule is being considered. This is deeply disappointing. It is clear that devolved decisions are best made by the elected politicians of Northern Ireland. I urge them to get back round the table and to get back to work.

[Julian Smith]

Since taking on this job, I have been meeting the parties almost on a weekly basis, but, as the hon. Gentleman acknowledged, this is an issue for the five parties. It is ultimately up to those parties to come together, and both the Irish Government and the British Government stand ready with ideas and thoughts in order to make that happen.

On the relationship between the Government and the DUP, my responsibilities are for all parties in Northern Ireland, but I have a good relationship with the DUP. I will continue to support the Union to the best of my ability, along with all Members of this House. On the issue of direct rule, I could not have been clearer that Stormont and local decision making is my priority and the best way, in my view, for Northern Ireland to move forward.

[Mr Owen Paterson (North Shropshire) (Con)]

I totally sympathise with the Secretary of State and his predecessor, who have time and again come to this Chamber to say, “We want to see the institutions up and running,” which we all do. We see today, with the meeting breaking up in disarray in less than an hour, the task that faces him. At the same time, we see outcomes of public services in Northern Ireland falling behind the rest of UK. We in this Chamber have a responsibility to all citizens across the UK. The hon. Member for Rochdale (Tony Lloyd) rightly said that direct rule is the most unattractive option, but we have a responsibility to see good services delivered. What steps is the Secretary of State taking to prepare to take more power into his own hands, to ensure that the citizens of Northern Ireland get the services they deserve?

[Julian Smith]

We are prepared for all eventualities. On the issue of the all-party talks, I genuinely believe that, whether it is Sinn Féin or the DUP, we are not too far away. We have to do everything we can to encourage parties to come together, in the best interests of Northern Ireland, to secure an Executive.

[Several hon. Members rose—]

[Nigel Dodds (Belfast North) (DUP)]

The Secretary of State has outlined a number of areas where action will be taken as a result of the Act, but on health, education, crime, policing, investment and all the rest of it, still the Government sit on their hands and allow no government for Northern Ireland. Is he now realising that, with Brexit coming, we must have powers in the hands of Ministers, whether in the Assembly or here? He cannot go on abdicating that decision. Today in Belfast, Assembly Members met, but Sinn Féin boycotted it. Given that the Prime Minister said on Saturday that “a simple majority” should apply in Northern Ireland as well, fully compatible with the Good Friday agreement, can the Secretary of State apply that principle to the formation of the Executive, because four parties out of five would set it up tomorrow?

[Julian Smith]

Just to be clear on the Assembly, the petition of concern and the arrangements for the Assembly will not change under this scenario. I will say it again: we need Sinn Féin, the DUP and all parties to come together, because powers from here is not the solution to this issue.

[Several hon. Members rose—]

[John Redwood (Wokingham) (Con)]

The DUP is understandably very unhappy about the customs and single market arrangements in the agreement, so will the Government table a free trade agreement and get on with it, because that would help?

[Julian Smith]

I am not responsible for the European negotiations.

[David Hanson (Delyn) (Lab)]

Given that the creation of a new border down the Irish sea will impact on services and businesses in Ireland, north Wales and the rest of the United Kingdom, what impact assessment of the outcome of that border has the Secretary of State asked the Executive to produce, to be shared with political parties?

[Julian Smith]

On the issue of customs and the protocol, we will be doing everything to work with Northern Ireland businesses to ensure that we deliver on unfettered access as we push the Bill through the House of Commons. I spoke to Northern Ireland businesses today and will be engaging with them on an ongoing basis as we move forward with the protocol.

[Maria Caulfield (Lewes) (Con)]

Given the absence of an Assembly and Executive, the Historical Institutional Abuse (Northern Ireland) Bill has to be passed in this place, and it will have its Second Reading in the House of Lords next week. What will happen to that Bill should the Assembly be restored? Will we continue with it, so that the victims get the compensation they need as soon as possible?

[Julian Smith]

I hope and expect that we will continue with that Bill to deliver for victims who have waited for far too long.

[Owen Smith (Pontypridd) (Lab)]

Will the Secretary of State confirm that, as revealed by the Brexit Secretary in an answer to my right hon. Friend the Member for Leeds Central (Hilary Benn), under the new Brexit dispensation firms in Northern Ireland exporting to the rest of the UK will now be expected to fill in export forms, and could he tell us how that can be squared with the claim that Northern Ireland will remain part of the UK customs territory?

[Julian Smith]

As Northern Ireland Secretary, I will be fighting for the interests of businesses and ensuring that we minimise any disruption to their trade flows. Northern Ireland has a hugely successful business sector, and it will go from strength to strength with this deal.

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

Following up on the questions from the right hon. Member for Belfast North (Nigel Dodds) and the Chairman of the Select Committee, my hon. Friend the Member for North Dorset (Simon Hoare), my understanding is that four of the five parties in Northern Ireland would like the Executive to be reformed and only Sinn Féin is holding out, at least for the reason my hon. Friend set out, if not for others. What does the Secretary of State think is going to change to enable Sinn Féin to be persuaded to restore the Executive? I listened carefully to what he said and I accept he is working incredibly hard, but I am still not clear about what is going to change to enable the Executive to be reformed and for Northern Ireland to be able to enjoy devolved government.

[Julian Smith]

Sinn Féin, like other parties, has been engaging very positively with me, and I have had good conversations with its senior leaders. As this House makes a positive decision on Brexit in the coming days, I think that is a significant change, and it could be the catalyst for further movement on these talks.

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

I cannot emphasise enough to the Secretary of State how important the principle of consent is to Unionists. The idea that a decision of the momentous nature of the one we will be expected to take in four years’ time does not reflect adequately the principle of consent, as expressed in the Belfast agreement, has serious implications for our ability to support the restoration of devolution without that safeguard. I say with all seriousness to the Secretary of State that if this issue is not addressed, it goes well beyond this Brexit deal.

[Julian Smith]

I say again to my colleagues and friends in the DUP and to Unionists across this House and in Northern Ireland that this protocol is for a reserved matter; it is not for the Assembly. The Belfast agreement is extremely clear that there will be matters that are not subject to the consent mechanisms in the Assembly. The Government will continue to work to ensure that this protocol, as the Bill goes through Parliament, is executed in a way that is reassuring to all Members and all parts of the Northern Ireland community. But remember that the issue with the backstop was a lack of consent. This consent mechanism is intended to deal with that, but it has no effect on the Northern Ireland Assembly.

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

Given that service personnel, their families and service veterans are losing out under the terms of the armed forces covenant not being fully applied in Northern Ireland, will the Secretary of State give consideration to the recommendation made in a recent report by the Defence Committee that the Northern Ireland civil service should appoint someone directly to sit on the veterans board that administers the covenant?

[Julian Smith]

I pay tribute to my right hon. Friend for that report and for his Committee’s thinking in this area. I am giving consideration to that report and how we can execute parts of that report in a positive manner to ensure that we deliver for the armed forces who served in Northern Ireland.

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

The creation of a customs border down the Irish sea and the necessary declarations that we now hear will be necessary as a consequence is something about which Ruth Davidson and the Secretary of State’s right hon. Friend the former Secretary of State for Scotland warned last year. They said then, and it is true now, that it will undermine the Union. Why is the Secretary of State disregarding his right hon. Friend’s advice?

[Julian Smith]

I am not disregarding the advice of anybody, but this is a deal that protects the border. This was a key priority for me as Secretary of State. It protects the peace process. I think the economy of Northern Ireland will benefit from this deal. We are delivering on Brexit, but protecting the economy and protecting the peace process. This mechanism, I say again, has no bearing on the Assembly, and I would work over the implementation period with colleagues across Government to minimise any problems for Northern Ireland businesses in exporting and selling into Great Britain.

[Mr Laurence Robertson (Tewkesbury) (Con)]

We are supposed to live in a democracy, yet seven of the 18 constituencies in Northern Ireland do not have any representation in the House of Commons. As we have heard, the Assembly has not functioned for nearly three years. It is time to end the prospect of one party being able to bring down the whole institution, so will the Secretary of State consider introducing legislation that stops that happening again?

[Julian Smith]

I have no plans to change the constitution, basis and set-up of the Assembly. However, I think that the lack of representation here—there are seven or eight constituencies unrepresented—is not a good thing. As I have said, we need to get Stormont up and running—1,000 days is far too long.

[Kate Hoey (Vauxhall) (Lab)]

The Secretary of State should be an expert on the protocol, so may I ask him a simple question? A friend who gardens in Northern Ireland wants to buy 2 lb of organic garlic from a supplier in England. When the supplier sees the Northern Ireland address will they be obligated to add the EU tariff—currently 10%—and how would my friend prove that he is not moving it to the EU, in the Republic, and how would he reclaim the tariff? The agreement says that the default assumption is that it is going to the EU, which is an important point. That is what people are talking about in Northern Ireland today—not restoring devolution.

[Julian Smith]

As the hon. Lady knows, the Joint Committee in the new protocol will look at all those matters. I expect them to be looked at over the coming months as we go through the implementation period.

[Eddie Hughes (Walsall North) (Con)]

Does my right hon. Friend share my view that if the Act is extended by statutory instrument, that will not be a good outcome for the people of Northern Ireland?

[Julian Smith]

I agree with my hon. Friend.

[Lady Hermon (North Down) (Ind)]

As members of the Legislative Assembly at Stormont continue to be unable to fulfil their full responsibilities, what consideration has the Secretary of State given to cutting their salaries yet again? The fact that they receive a salary, albeit reduced, has caused immense annoyance, and continues to do so, across Northern Ireland, and has cost millions of pounds, so does the Secretary of State intend to cut those salaries?

[Julian Smith]

I plan to review all elements relating to the Assembly if we are unable to move things forward over the coming days.

[Paul Masterton (East Renfrewshire) (Con)]

Post Brexit, the Northern Ireland Assembly will have to make some incredibly serious and important decisions about Northern Ireland’s future. Do the kind of shambolic scenes that we saw at the Assembly this morning suggest that the institution is up to that task? If not, and if it is not restored, is the Secretary of State happy that he and his Department have all the powers necessary to take Northern Ireland through the transition and into the immediate period after we have left the EU?

[Julian Smith]

As I said earlier, the parties and individuals who will play a part in the Assembly and the Executive when they are up and running again are of extremely high quality. There is every opportunity for us to get this up and running and for it to go from strength to strength. That is so much more in the interests of Northern Ireland than taking or restoring powers from here.

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

It is rare these days that a decision made by the House provokes joy and hope, but it will today among thousands of people in Northern Ireland who love each other, are in a same-sex relationship and will finally be able to marry the person they love. However, they will be concerned to hear that, despite the will of the House to introduce equal marriage in Northern Ireland, not in any segmented form, those who are in a civil partnership may be forced to delay their conversion to full, equal marriage. Will the Secretary of State confirm that that will not be the case and that, as of 13 January, all couples in Northern Ireland who love each other will be able to get married?

[Julian Smith]

As I said at the start of my statement, we will be consulting on religious same-sex marriage and on the conversion of civil partnerships to marriages, but all other same-sex marriages will be delivered as per the regulations. The first such marriages will take place in the week of Valentine’s Day.

[Andrew Bowie (West Aberdeenshire and Kincardine) (Con)]

My right hon. Friend, along with every Member who has spoken today, has expressed concern about the current situation, but after 1,000 days we seem to be in just as bad a situation as ever. What exactly is it that gives him confidence that we are about to find a resolution and that devolution will be restored to Stormont in the near future?

[Julian Smith]

Having been Government Chief Whip during most of the Brexit period, perhaps 1,000 days does not seem quite as bad to me as it does to others. However, it is an awfully long time and we do need to ensure that we now encourage the parties to get back to the Executive. The Tanaiste and I stand ready and plan to work with the parties over the coming days.

[Dr Roberta Blackman-Woods (City of Durham) (Lab)]

Can the Secretary of State confirm that he will bring forward new legislation on abortion in Northern Ireland promptly, and can he say a little more about the process that he will adopt in doing so?

[Julian Smith]

We will bring forward a consultation in the coming days. As I have said, decriminalisation and the moratorium on criminal cases will take effect from tomorrow. We will be delivering in the new year on the law that has now changed.

[Jim Shannon (Strangford) (DUP)]

As the Secretary of State will know, the Assembly tried to meet today, when some 33-plus Members tried to initiate a debate to stop the abortion legislation going forward. Unfortunately, Government acquiescence to the legislation ensured that it went through this place. Does he not understand the anger that people in Northern Ireland feel about the abortion changes, and will he bring in changes for the Department of Health, which will have a deficit of £20 million this year, to ensure that it can do what it needs to do in the year ahead?

[Julian Smith]

I understand the huge sensitivities around this issue, but there was a free vote in this House and the law was clear that if the Assembly and the Executive were not up and running by today, the law relating to same-sex marriage and abortion would change. We have now reached that point. With regard to funding for abortions, the Government will continue to pay for travel to England during this period, and we will ensure, as part of the consultation and the changes, that the health service in Northern Ireland has every resource it requires.

[Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)]

While we urge a speedy resolution to the impasse in Northern Ireland and the restoration of devolution, does the Secretary of State welcome the levelling up of fundamental human rights across all parts of the United Kingdom, and does he agree that the sort of illiberal grandstanding that we have heard today was most unwelcome and counterproductive?

[Julian Smith]

Again, these are sensitive issues—free vote issues—but the law has changed and the Government will now follow through and deliver on it.

[Gavin Robinson (Belfast East) (DUP)]

These responses are calamitous. For the Secretary of State to hold up a copy of the Belfast agreement, yet not to have apprised himself of paragraph 12 of strand two or paragraph 5(b) of strand one, which outline further expansion of north-south arrangements, subject to the Assembly’s consent, and paragraph 5(b), which indicates how that consent is to operate, is an outrage. He told the BBC last Thursday that no party would have a veto, but Sinn Féin operated its veto on the restoration of the institutions today, as it has done for the past 1,000 days, and the EU will have a veto in the Joint Committee. Can he answer the question that he was asked earlier: will Northern Ireland goods require customs declarations for what is supposed to be unfettered access to the rest of their own country?

--- Later in debate ---

[Julian Smith]

On the first point, I say again to my hon. Friend that there is no change to the constitution of the Assembly. This is a reserved matter and we will do everything we can to assuage many of the concerns that have been raised. On the issue of checks and forms, unfettered access is a key part of the protocol, and I will be working to ensure that we deliver on that, in the interests of Northern Ireland business, over the coming weeks.

Executive Formation: Extension Period

Julian Smith Excerpts

Monday 21st October 2019 Written Statements

[The Secretary of State for Northern Ireland (Julian Smith)]

The period for Executive formation under the terms of the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 is due to expire at the end of today, Monday 21 October.

I take extremely seriously my obligations towards the good governance of Northern Ireland in the absence of locally-elected Executive Ministers. The expiration of this legal period without an Executive in place, and in the absence of other decision-making legislation, would leave Northern Ireland in an unacceptable position.

For that reason I am today laying before Parliament a statutory instrument to extend the period for Executive formation to 13 January 2020, the only such extension permitted by the current legislation. That has the effect, among other things, of ensuring that Northern Ireland Departments can continue to make decisions in accordance with the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 in the absence of Executive Ministers. The legal obligation on me to call an Assembly election would move too, to fall on that date. This does not prevent me from calling an Assembly election at any time.

I am disappointed that the political parties have been unable to reach an agreement to get Stormont back up and running before this legal deadline. But extending this legal deadline has no bearing on my continuing efforts to restore the Executive, which will continue in the days and weeks ahead.

[HCWS26]

Legislative Programme

Julian Smith Excerpts

Tuesday 15th October 2019 Written Statements

[The Secretary of State for Northern Ireland (Julian Smith)]

The legislative programme for the Second Session was outlined by Her Majesty on Monday 14 October. This statement provides a summary of the programme and its application to Northern Ireland. It does not include draft Bills, Law Commission Bills or Finance Bills.

The legislative programme will deliver important reform to domestic issues and deliver benefits across the whole of the United Kingdom. The programme includes a series of ambitious reforms and brings forward measures to support citizens across all the nations of the United Kingdom. The Government believe strongly in upholding the constitutional integrity of the United Kingdom—our Union is at its strongest when all four nations work together.

The Government have taken the necessary steps to ensure the UK leaves the EU with certainty, continuity and control by working to deliver an unprecedented programme of legislation to date, preparing for all scenarios. The second Session legislative programme will build on this by seizing the opportunities EU exit brings.

The Government’s top priority in Northern Ireland is the restoration of the devolved institutions at the earliest possible opportunity. The Government will continue to work with all of the parties in Northern Ireland, and the Irish Government, as part of the ongoing talks process to support the return of the Executive.

In the absence of an Executive the Government remain steadfastly committed to ensuring good governance in Northern Ireland. We will continue to take action to protect the continued delivery of vital public services where necessary.

The following Bills contained in the programme are likely to apply to Northern Ireland (either in full or in part):

Agriculture Bill

Air Traffic Management and Unmanned Aircraft Bill

Birmingham Commonwealth Games Bill

Domestic Abuse Bill

Environment Bill

European Union (Withdrawal Agreement) Bill

Extradition (Provisional Arrests) Bill

Financial Services Bill

Fisheries Bill

Foreign National Offenders Bill

Health Service Safety Investigations Bill

Historical Institutional Abuse (Northern Ireland) Bill

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Medicines and Medical Devices Bill

Pension Schemes Bill

Private International Law (Implementation of Agreements) Bill

Telecommunications Infrastructure (Leasehold Property) Bill

Trade Bill

Windrush Compensation Scheme (Expenditure) Bill

In the absence of a devolved Assembly and Executive we will continue to work constructively with Northern Ireland Departments to deliver legislation which will apply to Northern Ireland.

[HCWS9]

Wrightbus (Ballymena)

Julian Smith Excerpts

Monday 30th September 2019 Commons Chamber

[Ian Paisley (North Antrim) (DUP)]

(Urgent Question): To ask the Secretary of State for Northern Ireland if he will make a statement on the situation at Wrightbus in Ballymena in County Antrim.

[The Secretary of State for Northern Ireland (Julian Smith)]

I am deeply disappointed by the news that Wrightbus has had to enter administration. This is a real blow for the people of Ballymena. A number of redundancies have been announced. This clearly creates an extremely difficult situation for all those who have lost their jobs and for their families. Support will be provided to those affected via the Northern Ireland civil service, and I—along with my hon. Friends—will continue to do everything that I can, as I have been doing over the weekend and in previous weeks, to work with Invest Northern Ireland and Government colleagues to support any potential purchaser of the business or assets who may be identified during the process of administration.

[Ian Paisley]

I thank the Secretary of State for what he has said. To put this matter in perspective, the loss of those jobs is the equivalent of about 30,000 to 40,000 jobs being lost on mainland UK, so it is devastating to the Northern Ireland economy—it is a huge blow to our economy.

I thank the Government, first of all, for what they have done, and what they have indicated behind the scenes that they intend to do, for any purchaser. The Secretary of State, the Prime Minister and the Business Secretary have all made that very, very clear. However, let me ask the Secretary of State the following questions. Will he spell out to any investor what Government support would actually look like in terms of research and development, soft loans or grants? Can he assure me that the party currently at the table is fully aware of the extent of the promised support and what it would actually look like to assist it in this process? Will he ensure that public transport, by way of hydro and other electric power, will receive special support to make sure that Northern Ireland and the UK’s public transport sector provides the greenest technology possible, and present itself as a huge selling point around the world? Will he recognise that arm’s—length bodies such as Translink and FirstGroup and other bus buyers need to be encouraged directly with economic assistance to buy more British-made buses? Will he ensure that in future all bus orders go through British companies, therefore supporting British jobs and British investment?

On a practical level, will the right hon. Gentleman ensure, and spell this out to the workers—our heart has to go out to the 1,200 or so workers who have lost so much and who are devastated at the present time—that practical support will be given to them. I know that about £14 million of redundancy has been paid out, but practical support is also needed, such as issuing the P45s quickly, and making sure that workers in Malaysia and here on mainland GB are brought home to Northern Ireland as quickly and expeditiously as possible.

[Julian Smith]

My hon. Friend shares my desire to ensure that we get into a better place on this issue. Let me answer his questions in turn. On R&D and Government support more generally, the Government are making any potential bidders aware of what could be available, but, as he knows, this is a commercial process. It is being managed by an administrator, and many of the actions need to take place at a devolved level. None the less, we will continue—and I do continue—to speak actively to all stakeholders involved, and I am conducting meetings during the course of this week.

On buses more generally, my right hon. Friend the Chancellor of Exchequer has made an announcement today to commit £220 million to buses in Great Britain, and there will be additional money for Northern Ireland coming out of that pot. We are also developing the national bus strategy, and I hope that both of those initiatives will mean that the market for buses and the opportunity for the excellent product produced in Ballymena by Wrightbus will be strong and will encourage investors to take the risk to develop the business further.

On the matter of the P45s, my understanding is that the administrator has now written to all employees to communicate the process going forward on redundancies and on the P45s. For the six workers who are currently in Malaysia, the administrator has now taken steps to get those workers home, and I stand ready to address and to help in any way any problems or issues on either of those matters.

[Simon Hoare (North Dorset) (Con)]

Is my right hon. Friend able to make any comment on what seems to be an absurdly large religious donation made by the owners of Wrightbus in recent years? Although the donation was made when the company was profitable, reports cite a figure in the region of £15 million, which seems grossly excessive. Given that these are jobs that Northern Ireland can ill afford to lose, will my right hon. Friend also give some thought to how we can ensure that this matter does not fall between the two stools of its being a devolved matter and there being no devolved Assembly to pick up the reins and run with it?

[Julian Smith]

I do not think it would be appropriate for me to comment on the loan. On the question of how the absence of Stormont affects these jobs, yes, not having a devolved Executive is making a big difference, but between Invest NI, the Government, the Northern Ireland civil service and a campaigning and dedicated local MP, we are showing that we can get things done. I hope that we can get some positive news out of what is currently a very difficult situation.

[Tony Lloyd (Rochdale) (Lab)]

May I join the hon. Member for North Antrim (Ian Paisley) in underlining the importance of this issue? For Ballymena, the loss of 1,200 high-paid, high-skilled jobs is enormous; these jobs matter enormously.

There are a number of questions that arise. First, we need to examine the role of the administrator. In the context of British Steel, the then Secretary of State for Business, Energy and Industrial Strategy and the then Chancellor arranged that the official receiver would take responsibility. This had the effect of keeping British Steel as a going concern. Could we take the same kind of approach to Wrightbus to ensure that there is a possibility that it can be moved on as a going concern, with the existing skilled workforce?

My second question relates to the land. As I understand it, when Japan Tobacco International Gallaher vacated the site, the land was gifted across. I also understand that one of the current drawbacks to a sale of Wrightbus is the possibility that the land will be seen as an asset by those who would make profit from it. It would therefore seem reasonable for the land to be transferred intothe public domain so that there is no question of people profiteering from what was a gift from Japan Tobacco International.

Thirdly, I emphasise the question of the hon. Member for North Antrim regarding investment in the technologies of the future—battery technologies and green technologies—so that Wrightbus can join the other bus manufacturers in the UK that can tour the world selling world-class products.

Having seen the situations at Bombardier, Harland and Wolff, and now at Wrightbus, one thing that is obvious is that three of the marquee names in Northern Ireland manufacturing are under pressure. We need to see an industrial strategy for Northern Ireland now, particularly given the possibility that Brexit will have a dramatic impact, especially if it is a Brexit that sees a border down the Irish sea or across the island of Ireland. We need a strategic view of the long-term future of manufacturing in Northern Ireland.

[Julian Smith]

My experience in Northern Ireland from the two major issues I have been working on recently with regard to the economy—Harland and Wolff, and Wrightbus—is that the administration companies have been working very well with all stakeholders.

As with the Church loan, I do not think it is appropriate for me to comment on the matter of the land, other than to say that I urge anyone who can do anything to unlock the process of making a successful sale to a successful bidder and preserving jobs to do everything they can to be as flexible as possible.

On the matter of low emission buses and bus technology, Wrightbus is second to none in leading-edge bus technology, which is why I remain confident that we can get to a better position than we are currently in and we can protect jobs.

On the interrelationship between Brexit, Wrightbus, Harland and Wolff and Bombardier, I have made it clear since taking this role that it is in the best interests of Northern Ireland that we get a deal. That is what I am doing, and that is what the Prime Minister is doing.

[Greg Clark (Tunbridge Wells) (Ind)]

We know that Wrightbus plays a crucial role in manufacturing in Northern Ireland. Once major industrial facilities are lost, they are very difficult to restore. In my experience, a combination of ministerial activism and the strong support of local constituency Members can make a difference, so I commend my right hon. Friend and the hon. Member for North Antrim (Ian Paisley) for the efforts they have been making. I invite them to continue, with all the other things on their plates, to be absolutely tenacious in finding a buyer, and to know that they can count on my support and that of Members across the House in finding the best solution for what can be, in future, a very successful company.

[Julian Smith]

I thank my right hon. Friend for that contribution and take this opportunity to pay tribute to his activist approach. It was not always of benefit to me as Government Chief Whip, but many, many companies benefited from it across the United Kingdom.

[Matt Western (Warwick and Leamington) (Lab)]

I concur with the many points made about what brilliant products Wrightbus makes and what a tragedy we are faced with. I commend the hon. Member for North Antrim (Ian Paisley) for securing this urgent question.

Surely the issue is that Ministers, or BEIS, must have been aware that there was a cash-flow issue within this company a year or so ago. Charitable donations were being made that far exceeded the £1.7 million loss that the company was facing. At what point were Ministers or BEIS aware of that, and what does it mean for the industrial strategy?

[Julian Smith]

The important thing now is to protect jobs and to ensure that we get a successful buyer. There will be time enough to look back on what could have been done differently and what things need to improve.

[Sir Mike Penning (Hemel Hempstead) (Con)]

As I drove through London to the House today lots of Wrightbus buses were to be seen, bought by the excellent previous Conservative Mayor. One intervention that could go ahead and make the company viable to be sold is the London Mayor buying the right bus for London, which is Wrightbus.

[Julian Smith]

I do not think it would be appropriate for me to make bus-buying recommendations, but I say again that the technology of Wrightbus and the energy at Wrightbus mean that there is a good future for it if we can get a successful buyer.

[Mr Speaker]

Whether that is because the right hon. Gentleman does not judge himself to be a particular authority on bus-buying or because he regards reference to the matter as beneath the dignity of his undoubtedly high office—whichever it is—he has made his choice.

[Christian Matheson (City of Chester) (Lab)]

My friend the Member for North Antrim (Ian Paisley) and I were in discussions over the summer about how we could promote the manufacturing sector in buses and low-emission buses. That is his commitment to his constituency. What specific conversations has the Secretary of State had with the company, or perhaps with the family, about removing the block on the sale of the land and possibly even taking it into a trust so that manufacturing can continue there?

[Julian Smith]

As I said in my statement, it is really important that everybody who thinks they could help to unlock this process does what is in the best interests of the people of Ballymena and the employees of the company.

[Karen Bradley (Staffordshire Moorlands) (Con)]

It seems ironic on the day that announcements are made about money for new buses—I hope a significant amount of that money goes to my constituents in Staffordshire Moorlands—that we are here debating a bus manufacturer in Northern Ireland going into administration. Will my right hon. Friend join me in paying tribute to Sue Gray, the permanent secretary at the Department of Finance in Northern Ireland, who has worked tirelessly and I know will continue to do so to do all she can for the employees?

--- Later in debate ---

[Julian Smith]

I am very happy to pay tribute to Sue. As colleagues from across the House know, she played a very important role in the civil service here and continues to do so in Northern Ireland.

[Jim Shannon (Strangford) (DUP)]

One of the best things that the Secretary of State and the Government could do would be to encourage and fund Translink to the tune of £40 million, to enable it to buy the new buses it needs, which would enable Wrightbus to survive, thrive and retain jobs. Will the Secretary of State consider that?

[Julian Smith]

The £220 million announced by the Chancellor of the Exchequer a few hours ago will be of benefit to all bus companies and will ensure that the market for buses in both GB and NI will continue to thrive.

[Mark Menzies (Fylde) (Con)]

May I urge the Secretary of State to ensure that the Department for Business, Energy and Industrial Strategy is working with not only Wrightbus but the Department for International Trade? As a trade envoy, I can testify to the fact that there is considerable interest in this bus in some of the high-density markets, particularly in Latin America, and with support from Government we might be able to get some of those deals over the line.

[Julian Smith]

Through this process, I have become aware of the huge market for buses in South America. My hon. Friend is an exceptionally dynamic trade envoy, and I look forward to meeting him to discuss opportunities for Wrightbus buses if we can get a new buyer for them in the coming weeks.

[Dr Rupa Huq (Ealing Central and Acton) (Lab)]

It might be mismanagement or coincidence, but it looks like the collapse of the PM’s favourite bus builder—apart from himself, with the wine crates—is part of the pattern of his reverse Midas touch in London, with the ticket offices, the water cannon, the tube and the garden bridge. Will the Secretary of State confirm that, as I heard today, the overheating, three-door design of the Boris bus is unusable anywhere else in the world? How much public money was committed to the debacle that contributed to its decline, which, along with Harland and Wolff, spells grave consequences for Northern Ireland’s economy post Brexit, when a majority of people there wanted to remain?

[Julian Smith]

The important message is to ensure that we get the best buyers for Wrightbus and Harland and Wolff. I do not have details on the technical aspects of the bus the hon. Lady mentions, but I think we should focus now on protecting jobs and supporting the local economy.

[Andrew Jones (Harrogate and Knaresborough) (Con)]

Like the hon. Member for North Antrim (Ian Paisley), I was very disappointed at this news from Wrightbus, as it is a manufacturer of quality products that I have driven and use daily—upon which you regularly comment, Mr Speaker. Can my right hon. Friend assure me that he will do everything he can to work with the Northern Irish civil service in the coming days to find a successful bidder, to ensure that the company can continue to manufacture quality products?

--- Later in debate ---

[Julian Smith]

I thank my hon. Friend for his question and for all his work as a Transport Minister. The civil service in Northern Ireland is working very hard, Invest NI is working very hard and the Department for Business, Energy and Industrial Strategy is working very hard, as is the local MP, and they will continue to do that over the coming days and weeks.

[Mr Speaker]

We daily learn more and more about the daring and distinguished exploits of the hon. Member for Harrogate and Knaresborough (Andrew Jones). I have regularly informed the House and those observing our proceedings that, when serving as Under-Secretary of State for buses, he was given to traveling to work by bus, to the obvious delight of his fellow passengers. What I did not know was that he was also in the business of driving buses. Is there any limit to the talents of the hon. Gentleman?

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

In addition to the tragic loss of 1,200 jobs, this announcement puts at risk more than 1,700 jobs in the supply chain. It has come to our attention that £2 million was paid out to shareholders, and only £1.7 million could save this company. What steps is the Secretary of State taking to recover that money and save these jobs?

[Julian Smith]

The administrator is responsible for the sales process. As I mentioned earlier, there may be a number of things that the administrator and others will want to look at in the coming months, but the immediate task in hand is to find a buyer and to ensure that the Government, Invest NI and all other interested parties support that process.

[Maria Caulfield (Lewes) (Con)]

Given the extent of the job losses in Ballymena and the fact that this company had orders in May for 20 hydrogen-powered buses for TfL, each worth £500,000, does the Secretary of State agree that this is a viable business, if the issue of the donations is set to one side, and that the cash-flow issue around donations to Church charities needs investigating?

[Julian Smith]

The technology and the opportunity for Wrightbus, with a successful buyer and with a vision for the future, are very strong. I think we have addressed the issue of loans and other matters that are for the future.

[Sammy Wilson (East Antrim) (DUP)]

May I first say to the Secretary of State that this is a terrible blow for workers across North Antrim, South Antrim, East Antrim and a number of other constituencies? Will he join me in congratulating Mid and East Antrim Borough Council on quickly holding a jobs fair that has identified many job opportunities for those who have been made redundant? May I also thank the Government for the announcement that has been made on spending money for public transport?

This company has a skilled workforce, it is a good product—despite the remarks of the hon. Member for Ealing Central and Acton (Dr Huq)—and if there is demand created through public finance, I believe there is a market for these buses. Does the Secretary of State agree that the opportunities presented when we leave the EU on 31 October and no longer have to abide by EU directives on public procurement give the Government an opportunity to make sure that that money is spent on buying British products?

[Julian Smith]

I agree with my right hon. Friend about the opportunity for Wrightbus and the technology it has. I think we are both agreed that the best resolution for Brexit is a deal at the end of October.

[Catherine West (Hornsey and Wood Green) (Lab)]

Is it not the case that this company, with the 1,700-job loss, is a victim twice over: first, because of Brexit, the general uncertainty and the lack of infrastructure investment; and, secondly, because of the dreadful decisions taken since 2010 about the bus industry, with this Government failing to invest in regional buses? Those are the real reasons why 1,700 people have lost their jobs in Northern Ireland today.

[Julian Smith]

It would be wrong to attribute this matter to Brexit, bus strategy or other issues. Very often, one of the issues in a capitalist economy is that companies do run into trouble. It is our job now to do everything we can to get this company out of that trouble.

[Gavin Robinson (Belfast East) (DUP)]

May I thank the Secretary of State for the personal commitment he has shown to the workers of Wrightbus and, indeed, to Harland and Wolff in my constituency, which he has referred to? The last number of weeks have been a baptism of fire for him, and he will recognise the strong community support for Harland and Wolff in my constituency and for Wrightbus in Ballymena. Having engaged with Invest Northern Ireland and the Departments for the Economy and of Finance, as he has, will he confirm that the exercise of functions and the restoration of the Executive legislation permits civil servants, in the public interest, to take action that is necessary to secure these vibrant jobs and industries in Belfast?

[Julian Smith]

My hon. Friend is right that there are certain powers that can be executed by the Department for the Economy, but the main powers reside with the Executive, which is why we want to get Stormont up and running. I pay tribute to the work he has done, working with the unions, potential investors and the administrator at Harland and Wolff, and I hope we will have some positive news during the course of this week.

[Helen Goodman (Bishop Auckland) (Lab)]

On a point of order, Mr Speaker.