Historical Institutional Abuse (Northern Ireland) Bill [Lords]

Paul Girvan Excerpts

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

[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.

Northern Ireland Budget Bill

Paul Girvan Excerpts

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

[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

Paul Girvan Excerpts

Monday 28th October 2019 Commons Chamber

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

My hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), to whom I am grateful for stepping into the breach to cover me the last time this was discussed, called for compromise from all parties across Northern Ireland and an end to the “vacuum” at the “heart” of Northern Ireland politics. Two weeks on, we are still no closer to that vacuum being replaced with the fresh air that a restoration of the Assembly would provide, not just to the people of Northern Ireland, but to all the people of these isles, who have missed the views of a democratically elected body in the Brexit debate that should have had its voice heard. I mean no disrespect to Democratic Unionist party Members here tonight, but they represent only one strand of opinion on Northern Ireland’s position in Europe.

[Paul Girvan (South Antrim) (DUP)]

So do you in Scotland—

[Gavin Newlands]

Indeed. There are other views crossing communities in Northern Ireland. A new poll, published in The Sunday Times this weekend, found that 72% of people in Northern Ireland would now vote to remain in the European Union, which is significantly up from the 56% who originally voted to remain. I see the same figures on the doorstep in Scotland. As in Scotland, it is clear that as this Brexit debacle has gone on people have reinforced their view that the benefits of the European Union far outweigh the fantasy Brexit offered by the Tory party. I hope that the restoration of the Assembly will once again give a voice to all the disparate shades of opinion that have thus far been without that voice and, even at this late stage, give a platform for the complexity of opinion on Brexit to be given a voice through Stormont.

Draft Historical Abuse Bill (Northern Ireland)

Paul Girvan Excerpts

Wednesday 24th July 2019 Commons Chamber

[John Penrose]

I think that the answer to the hon. Gentleman’s detailed and precise question is yes, but if it is not, I will write to him to put the record straight. However, having followed the train of logic, I think that the answer is yes.

[Paul Girvan (South Antrim) (DUP)]

Regarding the time delay, I appreciate that two and a half years ago, this report was submitted to the then Northern Ireland Assembly, which was brought down by Sinn Féin. My hon. Friend the Member for North Down (Lady Hermon) alluded to the delay and pointed out that many have passed away while waiting. We are rubbing salt into the wound. It is imperative that we get this Bill across the line as soon as possible. I ask for a commitment that it will be brought back in the first week of September, as a major point of business—as a priority—to get this issue resolved.

Northern Ireland (Executive Formation) Bill

Paul Girvan Excerpts

3rd reading: House of Commons & Committee: 1st sitting: House of Commons & Report stage: House of Commons
Tuesday 9th July 2019 Commons Chamber

[Paul Girvan (South Antrim) (DUP)]

On what trumps what and what is more important, issues with cross-party support that the Northern Ireland Assembly should bring forward to the Northern Ireland Executive have already been identified, and they include the institutional abuse scandal. What gives Members the right to trump those sorts of issues? Let us be honest: the passing of certain legislation here puts people’s lives at risk. I believe that the life of the unborn is a life. It is not a foetus; it is a life. There is the potential that legislation will pass and create a problem for the future.

[Owen Smith]

Let me agree with the hon. Gentleman partly. As I shall talk about in a moment, I do believe that this place should legislate on the late Sir Anthony Hart’s recommendations on historic abuse. I am loth to suggest that there is a hierarchy of rights, but there are certain inalienable universal human rights that should be observed and afforded to people in every part of the world, including Northern Ireland. We are increasingly mindful of the fact that we in this place cannot allow ourselves to be hamstrung by the fact of devolution when it comes to the failure to see those rights observed for and afforded to women and the LGBT community in Northern Ireland. That is why this place, with lots of reluctance on the part of some Members, such as me, who are Unionists but who also believe fundamentally in devolution, is coming to the view that there should now be not just reports but legislation in this place to put in place those rights for Northern Ireland.

I support new clause 1, which was spoken to excellently and eloquently by my hon. Friend the Member for St Helens North (Conor McGinn), who has been a brilliant campaigner on the issue in recent years, and I also support the excellent work undertaken by my hon. Friend the Member for Kingston upon Hull North (Diana Johnson) and, indeed, my hon. Friend the Member for Walthamstow (Stella Creasy) in respect of women’s reproductive rights in Northern Ireland. However, I wish to concentrate on two other issues that have not been spoken about much today but that are addressed in the series of new clauses and amendments: first, the pension for victims of the troubles in Northern Ireland; and secondly, the victims of the historical sexual abuse in care homes in Northern Ireland, which the hon. Member for South Antrim (Paul Girvan) mentioned a moment ago. When I was the shadow Secretary of State for Northern Ireland, I spoke from the Front Bench on these issues and devoted a lot of my time to them, and I shall simply repeat what I said from the Front Bench about what I think we ought to do.

Let me illustrate and humanise the issue of a pension for severely physically disabled victims of the troubles—those people in Northern Ireland who were injured through no fault of their own, of whom there are around 500—by talking a little about the case of a man I have met on many occasions and whom I greatly admire: Peter Heathwood. In 1979, Peter was in his flat in Belfast when loyalist gunmen broke in, dragged his wife down the hall by her hair, and shot Peter twice, paralysing him for life. The configuration of the building in which they lived meant that when the ambulance men arrived, they could not put Peter’s damaged, broken body on to a stretcher, so he was put into a body bag. He was carried down the steps of his flat in the body bag. His father, Herbert, arrived at the scene thinking that his son, Peter, had died, and collapsed of a heart attack and died. Peter has been paralysed and in a wheelchair since 1979, unable to work, and surviving on benefits. He is a perfect, awful and tragic illustration of the reality of the lives of some 500 members of our community, our country, in Northern Ireland who were injured during the troubles. He is a perfect illustration of why this Government—any Government in Northern Ireland or in this place—need to act with compassion and speed to help those people and to offer them a victim’s pension, as has been talked about for so long, to give them the extra support that they need.

Many right hon. and hon. Members, particularly from the DUP, quite rightly point to the difficulty that is at the heart of the reason why this has not been done. It is that, among that 500, there are perhaps 10 people who were injured by their own hand, who, in the course of commissioning acts of terrorism, blew themselves up or shot themselves. The consideration, as always, has quite rightly been that it would be invidious if those people, having tried to perpetrate violence against the state and against innocent victims, were then supported by the state. I completely understand that, but I simply say that people like Peter are getting older. They will die at some point; many people have died in the intervening period. It was back in 2014, at the signing of the Stormont House agreement, that the state in our country effectively decreed that we should be offering this support to those people.

Northern Ireland (Executive Formation) Bill

Paul Girvan Excerpts

2nd reading: House of Commons
Monday 8th July 2019 Commons Chamber

[Ian Paisley]

I accept that it is not the intention of the hon. Lady, but it is the point that has been put forward on a number of occasions by experts on these issues.

[Paul Girvan (South Antrim) (DUP)]

I appreciate that we are veering into matters that should probably should be debated in detail tomorrow. As it currently stands, the Abortion Act 1967 bears no resemblance to what is actually happening with abortion today in the United Kingdom. It is really down to demand, and that was never the intention of the 1967 Act, according to those who were involved—I am talking about David Steel and others who brought the Act forward in the first place.

[Ian Paisley]

I thank my hon. Friend for his intervention.

Let me turn now to some of the other points that have been raised in the debate. I am glad that the Chairman of the Select Committee, the hon. Member for North Dorset (Simon Hoare), is still in his place. First, let me congratulate him on his assumption of that role. I have, so far, enjoyed his chairmanship of the Committee and we are getting into some really meaty stuff. He has been excellent in terms of encouraging the Committee to get out reports. I think that we have published two reports under his chairmanship already. That is, of course, very good. [Interruption.] He may as well take the bouquets now, because brick bats might come at any point.

However, I was very disappointed with the Chairman of the Select Committee’s analysis of the border poll issue. I do not believe that we are anywhere near the point that Northern Ireland should either have a border poll or that the opinion is so close in Northern Ireland that it would deserve a border poll. Indeed once again, the Belfast agreement lays out the terms and conditions for having a border poll: the Government must have tangible evidence to show that the overwhelming weight of opinion is that a border poll would be successful. That is not the case; it is nowhere near the case. Even the analysis of the most difficult elections that Northern Ireland has been through shows that that is not the case, but there is a majority across both sections of the community to retain the link with the United Kingdom. To give way on that or to concede that point only encourages people who have the worst interests at heart for Northern Ireland and not the best interests. I certainly encourage the Chairman of the Select Committee to review his position on that and to consider whether he can analyse that situation differently and see from the evidence that there is not a wind of change in that direction. Yes, there is lots of talk about it, but it is from people who do not really care about the Union, never have cared and really have not changed. Gerry Adams has now been put in charge of the border poll issue; he did not have much success in the past 30 years in achieving any of his big goals and he will not have much success in achieving that goal either.

Those are the points that I want to leave before the House tonight. I look forward to the debate continuing and, indeed, to tomorrow’s debate.

Political Process in Northern Ireland

Paul Girvan Excerpts

Tuesday 4th June 2019 Commons Chamber

[Karen Bradley]

The hon. Gentleman is right to make the point that the Act expires towards the end of August. The Act has enabled decisions to be taken in the absence of Ministers that could not otherwise be taken, but it does not allow for the decisions that we need to be taken—that requires Ministers. I do not think the people of Northern Ireland want to wait any longer than they have to wait to see government restored.

The hon. Gentleman is right that there are difficult issues that will require a lot of accommodation from all sides in order for us to achieve restored government, which is what we want to see, but I do not think that extending time limits or putting in new milestones helps us to achieve that. What we need to do is to get down to business and get the agreements that we so desperately need.

[Paul Girvan (South Antrim) (DUP)]

We welcome the statement but, to follow on from my hon. Friend the Member for Belfast East (Gavin Robinson), an extension will be required to allow permanent secretaries to make decisions should we not have the Assembly up and running by August, and it is highly unlikely that we will have an Assembly by that stage. In the vacuum that has been created, as my hon. Friend the Member for North Antrim (Ian Paisley) highlighted, decisions need to be made, and will have to be made, on a number of strategic issues. Will measures be put in place to ensure that, in August, permanent secretaries can move ahead and make decisions?

[Karen Bradley]

As I said in response to an earlier question, I do not think we should be talking about what happens in the event of failure. That is not what people want to hear. They do not want to hear about the second or third best option; they want to know that the best option of restored government will be achieved.

I know how hard the hon. Gentleman’s colleagues in the DUP are working on this, and I am very grateful for the hard work to date and for the very positive attitude that has been displayed by them and by politicians from across all parties in Northern Ireland. I know how tough this is, and I know how difficult it is. I know this will require a big piece of work over the next few days and weeks, and I am determined that we will do everything we can to deliver that. As I say, there is not a second best option. There is only one option that really works. The risks do not get easier; the risks just increase. We need to deliver for the people of Northern Ireland.

Northern Ireland Executive

Paul Girvan Excerpts

Tuesday 23rd April 2019 Commons Chamber

[John Penrose]

I am delighted that everybody accepts, with a degree of reluctance and frustration, that the statutory instrument, while not wanted, is necessary. I thank everybody for saying, albeit with a heavy heart— I think that goes for all of us—that they will support it. I appreciate and recognise the degree of cross-party support. It is more powerful because it is cross-party.

That is not say that the frustrations are not real, or that those frustrations have not been clearly and effectively expressed this evening. We have heard a whole litany of examples, from all sides of the House, from the lengthening list of decisions not being taken because Stormont is not currently operational. We have heard examples from all sorts of people. The hon. Member for Strangford (Jim Shannon), who just spoke, gave the examples of a lady with a premature baby and a grandmother left waiting on a hospital trolley for too long. There were other examples. My hon. Friend the Member for Lewes (Maria Caulfield) gave a long list of missed opportunities, as did the Select Committee Chair, my hon. Friend the Member for South West Wiltshire (Dr Murrison). The repeated refrain from all sides is that we cannot keep on, in the Chair’s phrase, kicking the can down the road. The right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) said that the mountains in front of us are no higher than those we have scaled in the past, but he also said that bread and butter issues are far better done by locally elected politicians in Stormont.

[Paul Girvan (South Antrim) (DUP)]

In light of recent legislation relating to the Buick case and permanent secretaries needing cover to allow them to make decisions, permanent secretaries are still not signing off non-controversial decisions. They are using the frustration of no Assembly as an excuse not to do business.

[John Penrose]

I am sure everybody here would appreciate that the senior civil servants in the Northern Ireland civil service are faced with a very, very difficult position. They are being required to keep the wheels of good government turning. The Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 equips them to do that, but clearly they have to be extremely careful not to take new policy decisions which should rightly and constitutionally be taken by elected politicians in Stormont. That would clearly be wrong and outwith the powers in the 2018 Act.

That perhaps answers the question asked by the hon. Member for Paisley and Renfrewshire North (Gavin Newlands) about the stresses on the Administration. The answer is simply that: people are being asked to operate up to the limits of what they can decently and constitutionally do. It requires a great deal of care and civil service professionalism to ensure they go up to those limits but no further. I do not think we can reasonably ask them to continue doing that for any great deal of time longer, not least because, as people have been rightly pointing out, the list of problems left unsolved because they require a political decision is getting longer every day.

Police Ombudsman for Northern Ireland: Legacy Cases

Paul Girvan Excerpts

Tuesday 26th March 2019 Westminster Hall

[Sir Jeffrey M. Donaldson]

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

[Paul Girvan (South Antrim) (DUP)]

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

[Sir Jeffrey M. Donaldson]

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

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

Paul Girvan Excerpts

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

[Vernon Coaker (Gedling) (Lab)]

It is a pleasure to follow the right hon. Member for East Antrim (Sammy Wilson), who, apart from the last couple of sentences, I thought made a really good, interesting speech.

I make these points very seriously. I agree with virtually every comment that has been made in the Chamber. It is particularly important, given the fact that the devolved Assembly has not been meeting for over two years, that we in this Parliament, without moving towards any sort of direct rule, are seen by the people of Northern Ireland to be joining others who take an interest because they represent Northern Ireland to scrutinise properly the legislation that has a massive impact on the people who live there. In that context, I will make a couple of points—first, about regional rates and more generally, about the RHI.

The majority of Members of this United Kingdom Parliament would consider it quite inadequate to be given information that makes bland statements of the sort the Secretary of State made in her introduction. That is why I intervened. She basically announced that the Government were going to increase the regional rate by 3% plus inflation. There is no explanation of how they arrived at that figure. What debate was had? I am not talking about the ability to amend the figure or take on the civil servants in Northern Ireland, but that figure was not plucked out of thin air. There have been discussions. There have been discussions—quite rightly—with representatives here, and we now hear that 10.5% or 11.5% was suggested. The vast majority of Members, given the absence of the devolved Assembly, would have been completely unaware of that.

Whatever the rights and wrongs, what is the consequence of reducing the rate to 3%? Somewhere along the line, the Northern Ireland Office, in consultation with representatives in Northern Ireland—business and so on—arrived at 3%. Was there an option to go lower? The right hon. Member for East Antrim rightly made the point that for some families even 3% plus inflation will be a significant cost. No information has been given to Parliament, yet we are set to agree the rate. I am not suggesting we should not agree it, but what reasons were given for a lower increase?

In her written ministerial statement, the Secretary of State said:

“This budget position has been constructed on the basis of a 3% (plus inflation) increase on the domestic regional rate, and 0% plus inflation on business rates. I consider that this is a necessary and important step to continue to support public services”.—[Official Report, 28 February 2019; Vol. 655, c. 24WS.]

In any other public debate, the Secretary of State or Minister would explain how they had arrived at that figure. I am not saying it is wrong; all I am saying is that I have no idea from the information I have gathered—from a few media reports and from what Northern Ireland Members have said—how it was arrived at. Since we are making this decision, in the absence of the devolved Assembly, the Government should be making more information available, while respecting the fact that we are in circumstances none of us wishes to be in.

[Paul Girvan (South Antrim) (DUP)]

The regional rate will make up roughly 46% of the overall domestic rate in household bills from April. Most local authorities have struggled to maintain below-inflation rate increases, and they will be impacted because the public will not understand that a large percentage is a regional add-on to the rates bill. They will not see that the 5.8% is a regional add-on.

[Vernon Coaker]

That is an interesting point. The hon. Gentleman has shared with the House another important piece of information that will no doubt be reported and on which it is important that Parliament reflects. Nobody is saying this is wrong or that the Government are in a state of confusion, but where is the information that would allow us to consider this in a much more measured and informed way?

I know it is unrelated to the Bill, but we were told time and again in yesterday’s debate, “It’s been agreed we should spend more on education and health and that necessarily means less on other areas”. It is stated, not argued. The House is given no information for why it is. It is just asserted. In the present circumstances, I would suggest to the Minister, the Secretary of State and the Northern Ireland Office that they consider much more carefully how they inform the House of how decisions have been arrived at. That is not to usurp the functions of the civil service in Northern Ireland or to seek to replace the devolved settlement, but if we are being asked to make decisions, we should have much more information.

I have a similar view about the business rate. The business rate increase is 0%, but plus inflation, so it is not 0% as such. Again, the right hon. Member for East Antrim outlined some of the difficulties for business. Notwithstanding the investment that is taking place in Northern Ireland and the success stories there, there are issues surrounding the business rate. Those who google or read the Northern Ireland press will be able to see some of what businesses are saying about what they perceive as the unfairness with which it operates. It is not necessarily for the House to say that it should be changed, because that is not our function, but if it is 0% plus inflation, it is certainly our function to consider it.

Why was it necessary for the right hon. Member for East Antrim, rather than the Secretary of State or the Minister, to outline some of the problems that businesses were identifying in respect of the increase? The Secretary of State, and the Minister, when he responds to the debate, should say something about this, to demonstrate to the people of Northern Ireland that we understand what is going on, and that the decisions that are being made in the present circumstances reflect that. The hon. Member for Lewes (Maria Caulfield) said something very similar, unless I misinterpreted what she said. As I have observed on numerous occasions to various Secretaries of State, we seem to be rubber-stamping things without proper scrutiny and without being given any proper information.

Let me now make some comments about the RHI scheme. No one would want us to be where we are now, but the seriousness of this is simply astonishing. As has been said by the right hon. Member for East Antrim and others—including, I think, the Chair of the Select Committee, the hon. Member for South West Wiltshire (Dr Murrison)—the House has not much alternative but to pass the Bill as it stands. According to the explanatory memorandum, 1,800 small and medium-sized businesses—about 100 per constituency, on average—will be affected if it is not passed, because no subsidy arrangements will be available to them. This is a phenomenal problem. No wonder the people in those businesses will be looking at what is happening here and, in many cases, will be in despair. As we all know, small businesses depend considerably on cash flow. Many are already struggling, and people are working hard to make ends meet. Of course some sort of scheme must be in place, but I agree very much with the Chair of the Select Committee. It does come to something when, essentially, we are approving this scheme because it is a case of “Oh my God, if we don’t, we will be in trouble.”