31 Baroness Winterton of Doncaster debates involving the Northern Ireland Office

Tue 9th Jul 2019
Northern Ireland (Executive Formation) Bill
Commons Chamber

3rd reading: House of Commons & Committee: 1st sitting: House of Commons & 3rd reading: House of Commons & Committee: 1st sitting: House of Commons & Report stage: House of Commons & Report stage: House of Commons
Mon 8th Jul 2019
Northern Ireland (Executive Formation) Bill
Commons Chamber

2nd reading: House of Commons & 2nd reading: House of Commons
Wed 24th Oct 2018
Northern Ireland (Executive Formation and Exercise of Functions) Bill
Commons Chamber

3rd reading: House of Commons & Committee: 1st sitting: House of Commons & Report stage: House of Commons
Mon 9th Jul 2018
Northern Ireland Budget (No. 2) Bill
Commons Chamber

Money resolution: House of Commons & 3rd reading: House of Commons & Report stage: House of Commons
Wed 21st Mar 2018
Northern Ireland (Regional Rates and Energy) Bill
Commons Chamber

2nd reading: House of Commons & 3rd reading: House of Commons
Mon 13th Nov 2017
Northern Ireland Budget Bill
Commons Chamber

2nd reading: House of Commons & 3rd reading: House of Commons & Report stage: House of Commons

Northern Ireland (Executive Formation etc) Act 2019 Section 7

Baroness Winterton of Doncaster Excerpts
Monday 30th September 2019

(6 years, 5 months ago)

Commons Chamber
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None Portrait Several hon. Members rose—
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Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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Order. Quite a few colleagues want to get in. There is not enormous pressure on time, but if colleagues stick to about eight minutes, we will be able to get everyone in comfortably.

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Ian Paisley Portrait Ian Paisley (North Antrim) (DUP)
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Where are they, Madam Deputy Speaker? Why is the House empty? Where are they? Where is the choir of people who are normally so interested in Northern Ireland and who wish to introduce the most damaging legislation in the history of Northern Ireland? Where are they today? They are hardly at the Tory party conference. They tell us that they want the House back and sitting because they need to hold the Government to account. Where are they? Where are their probing questions about the protection of vulnerable lives? They are quick to be here when they want to destroy the unborn life, but they are absent today, when we want to ask questions and scrutinise the Government on the protection of innocent victims in institutional care in Northern Ireland. It is a disgrace that they are not here. Their absence speaks thousands of words to the people of Northern Ireland about how much they really care. Are they even really interested in abortion rights in Northern Ireland and the rights of woman in Northern Ireland? No, they are interested in one thing: pursuing their own agenda. They use this House and abuse this House to get those things done.

Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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Order. I am sure the hon. Gentleman is aware that there has been a lot of discussion about the use of language and the tone that we are setting. I do hope that he will bear that in mind.

Ian Paisley Portrait Ian Paisley
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I will bear it in mind, Madam Deputy Speaker—I will take your ruling—but I think people are right to be angry. People are right to be angry on behalf of the unborn and on behalf of the innocent victims of institutional abuse, whose rights are brushed under the carpet every moment. When someone dares to speak up for them, they are told that they have to calm things down—“Don’t say things about the victims. Don’t upset people who have challenged the lives of innocent victims or the lives of the unborn.” Oh no, we cannot have anything rough said; it might upset their sensitivities. It might be awful for them. No, Madam Deputy Speaker, it is about time that people did speak up for the voiceless and for the abused—for those who see this place, which should be a champion of their rights, being silenced on their rights, because that is effectively what has happened.

I reiterate my challenge to the Secretary of State. He really needs to do more when it comes to the issues that have been brought to the attention of the House. Last week, on 26 September, 815 doctors, nurses, midwives and other health and social care workers felt so deeply concerned about what this House had done in relation to the people of Northern Ireland that they decided to write publicly about that abuse. They said:

“The concept of taking human life at any stage is inimical to us, and the concept of taking a human life in the womb especially so.”

They went on to make demands of the Government here, saying:

“Healthcare in Northern Ireland is in such a parlous state, due to chronic underfunding, understaffing, and the lack of a sitting Government. Imposing abortion on our healthcare system risks destabilising our GP service, many of whom are contemplating retiring… It risks burdening our hospitals with unnecessary procedures, extra complications, divisions within departments and lengthening of waiting lists—all of which will likely have a negative effect on the population of Northern Ireland who rely on healthcare services from medical problems.”

That is the problem that is being impacted on Northern Ireland. That is the problem that the Secretary of State needs to address. If he really wants the Assembly back to deal with this issue before 20 October, I reiterate my call to him: call a meeting tomorrow morning of the Northern Ireland Assembly and see how many Members turn up. He will find that the only party that runs away will be Sinn Féin. The Secretary of State has that power in the Belfast agreement—I am not asking him to do anything outwith his powers. There are two people who can call a meeting of the Assembly, and he is one of them. I urge him to do that.

Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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Order. There is a very specific subject of discussion here, which I am sure the hon. Gentleman will be returning to as quickly as possible—by which I mean now.

Ian Paisley Portrait Ian Paisley
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I understand that we are speaking about the Northern Ireland Executive formation and the reports flowing from that. The Secretary of State introduced his comments tonight by referring to the lack of an Assembly. The Chairman of the Northern Ireland Affairs Committee emphasised that issue as well. I am trying to get the Assembly back, and I am outlining the way in which the Secretary of State could take active measures this evening by phoning the 90 Members of the Assembly and getting them back in the Assembly tomorrow morning. That could bring about the changes that the Secretary of State wants to see—that I want to see and that people in this place want to see—but I fear that that call will land on deaf ears. I hope that he decides to do that, and I hope that he takes up that chance.

I welcome what the Secretary of State said in his remarks. I believe that he is passionate and that he does care about the victims of institutional abuse. Indeed, I know, following on from the meetings that he had with them in August, that many of them meet regularly with Government Members, and they reported back to us the enthusiasm and the genuine concern that he has. I happen to think that it is important that we put that on the record, but it is also right and proper that he is pushed on a few areas. I ask him to give us a time, to give us a specific date and to tell us when this will happen. He should not let this slip any further. My hon. Friend the Member for Belfast South (Emma Little Pengelly) made the point in her excellent speech that we cannot allow this slippage to continue. These people are dying. These victims need immediate help and there is nothing to stop the Secretary of State from providing that.

I wish to leave some very specific questions with the Secretary of State: who is ultimately going to pay the compensation? The hon. Member for Lewes (Maria Caulfield) made the crucial point that this abuse was carried out vastly during a period of direct rule. Therefore, the responsibility and the onus must fall on this place to come up with the compensation. The Northern Ireland budget could not cope with—probably—the extent of that payment.

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None Portrait Several hon. Members rose—
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Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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Order. There is pressure on time, and I want the Secretary of State to be able to speak for a couple of minutes towards the end of the debate because certain points have been raised. May I say once again, though, that the use of inflammatory language is absolutely unacceptable? We have had a lot of discussion about this over the past few days, so I urge Members to be very careful about the language they use. I hope that the remaining speakers will stick to that.

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Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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This issue is a difficult one to speak about. It is heartbreaking when we hear of the scale of abuse and the ramifications of that abuse for entire families throughout the Province. However, it is clear that, no matter how difficult it is, we must do more than just speak; we must act. That has been said unanimously in this House today, and the Secretary of State and the Government have to respond accordingly. One constituent put it to me like this:

“You may already be aware of this high-profile issue, which has come to symbolise the pain afflicted onto some of the most vulnerable people in Northern Ireland in the absence of government.”

The Secretary of State referred to two places—Kincora and Nazareth House. I would add De La Salle in Kircubbin, where physical and sexual abuse took place of young boys in that establishment. Some of the people who have come to speak to us in the groups and have come to my office to meet me have also addressed the Northern Ireland Affairs Committee. We have heard at length their deputations and submissions to that as well.

This is yet another group of people who have been affected by the intransigence of Sinn Féin and its refusal to do its job and take its place—another group of people who have been further traumatised by the stalemate that has taken place. Can I say very respectfully to the Secretary of State that he cannot ignore the fact that Sinn Féin is the obstacle in this process? This is partly why I have been calling for direct rule in this place: it is time to consider that honestly.

The Bill was hijacked by hon. Members—with respect, again—on the Opposition Benches to introduce legislation that was not discussed, vetted or done by the proper process. Vulnerable groups like this have no showing in the priorities of the hon. Member for Walthamstow (Stella Creasy), but it is one of my priorities, and that is why I am speaking on this issue today. I speak for the unborn: those who are alive in the womb. One hundred thousand people live today because of the current abortion legislation we have in Northern Ireland, yet that would change—

Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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Order. Can I just bring the hon. Gentleman back to the issue of historical abuse? I am sure he is returning to it now.

Jim Shannon Portrait Jim Shannon
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I think it is important that we have that issue on record, as that has been abuse as well.

By way of quick summary, the independent inquiry by Sir Anthony Hart that was commissioned by the Northern Ireland Executive in 2013 reported on a series of recommendations in January 2017 that sought to deliver justice to victims and survivors of historical institutional abuse. The delivery of the findings of that inquiry coincided with the collapse of the Assembly and Executive. In the two and a half years since that point, victims and survivors have been left without any of the redress and justice that was promised to them. That is really obvious to every one of us who is aware of the situation. There was a crystal clear need to introduce the legislation required to establish a redress board and commissioner to advocate on behalf of victims and survivors. As my constituent said to me:

“It has not been easy and it has retraumatised many victims”—

including himself—

“some of whom have been extraordinarily brave in sharing their story in the media with the public to try and convince those in power to act.”

What we are seeking today is simple. I thank the Secretary of State for what he has done so far, and his team as well. We may have been a bit harsh with him in some of the things we have said today, but he should not take it personally. He has done exceptional work. However, we now need to see the delivery of what he has stated, and then everyone on these Benches, and indeed across the whole House, will rise up and say, “Well done.” In the midst of all the Brexit chaos, we must do right by these people. In the absence of local institutions, the head of the civil service in Northern Ireland has presided over talks on this issue that have seen consensus reached on the contents of the legislation, which has the support of victims and survivors. This is not a political issue. I speak, and we all speak, on behalf of every victim, whether their vote is cast for my party—the DUP—or not, because the people who come to see us are from all political persuasions and all religious persuasions. Today in the press the Churches were united on what they will want to see and on the legislative change on the 21st that they are worried about.

We should know right from wrong. This is our opportunity to set right what has been wrong, and to do so with no further delay—30 of those who came forward to tell their story at the inquiry have died since the Assembly collapsed in 2017. Now is the time to act. I urge every right-minded person to support these victims and to use this opportunity simply to do right by them. The least that we can do is do right for the victims, and the onus is on the Government to do just that.

Northern Ireland (Executive Formation) Bill

Baroness Winterton of Doncaster Excerpts
3rd reading: House of Commons & Committee: 1st sitting: House of Commons & Report stage: House of Commons
Tuesday 9th July 2019

(6 years, 7 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Committee of the whole House Amendments as at 9 July 2019 - (9 Jul 2019)
Emma Little Pengelly Portrait Emma Little Pengelly
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You have said many times, and it has caused distress, that a woman in Northern Ireland who is raped and seeks an abortion could face a longer jail sentence than her attacker. I have corresponded with the Police Service of Northern Ireland on this matter because of the concern you have caused out there. PSNI has confirmed that no woman has been sent to prison for an abortion-related offence, and I am meeting PSNI to talk it through.

Secondly, the issue about regulations is important. Regardless of whether you perceive abortion to be a right, the regulations are not prescriptive about some of the details highlighted by my hon. Friend the Member for North Antrim (Ian Paisley), but your proposal would mean there is no scrutiny of the regulations.

Baroness Winterton of Doncaster Portrait The Second Deputy Chairman of Ways and Means (Dame Rosie Winterton)
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Order. You do not directly address another Member but address your comments through the Chair. This is obviously a sensitive debate, so it is important that we stick to the rules.

Stella Creasy Portrait Stella Creasy
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Thank you, Dame Rosie.

It is simply not the case that people have not been prosecuted. A mother is facing a jail sentence in November. We know that, in 2017, a man and woman accepted formal cautions under OPA for the same offence, and the charges were withdrawn only after the judge imposed a ban on identifying the woman due to the heightened risk of her suicide because of her distress at the situation. We know that, in 2016, a 21-year-old pleaded guilty to procuring her own abortion by poison after she bought pills online and her flatmate reported her to the police. Prosecution is a very real prospect in Northern Ireland, but it is not a real prospect for my constituents in another part of the United Kingdom who are in exactly the same situation.

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None Portrait Several hon. Members rose—
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Baroness Winterton of Doncaster Portrait The Second Deputy Chairman of Ways and Means (Dame Rosie Winterton)
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Order. Before I call the shadow Minister, colleagues will be aware that a large number of people wish to contribute. I cannot set a time limit, but let me put it this way: we could certainly get everybody in if everyone spoke for around eight minutes each.

Karin Smyth Portrait Karin Smyth (Bristol South) (Lab)
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I shall endeavour to make sure that everyone has time to speak, Dame Rosie.

The Opposition Front-Bench new clauses each cover three issues in three stages. On each issue, the relevant new clause would first, compel the Government to bring forward a report on progress to implement change in the relevant area on or before 4 September 2019; secondly, require the Government to bring forward, within two sitting days of that report, a motion to take note of the report; and thirdly, require the Government then to introduce legislation, following the passing of a motion. Let me be clear that any incoming Labour Government would seek to legislate on these issues.

Let me address new clause 1, which was tabled by my hon. Friend the Member for St Helens North (Conor McGinn). I can add little to the speeches made by my hon. Friend and the right hon. Member for Arundel and South Downs (Nick Herbert) on the subject of gay marriage. I will say, though, that I had the very sad honour to attend the funeral of Lyra McKee in Belfast earlier this year. Much attention has been paid to some of the sentiments expressed at that time. We heard that day that Lyra was making arrangements for her own marriage to her partner. Sitting in the cathedral, I was struck by the huge sadness and irony: we rightly praised this remarkable young woman for being a child of the peace process, for being so openly happy with her own sexuality, and for having touched every part of Northern Ireland society with her optimism, but while she was making plans for her marriage to the woman she loved, her own society was in essence saying to her, “Away you go to Donegal. You can’t do that here.” What a great testament it would be to her memory, and for the thousands of people throughout Northern Ireland who simply want to express their love, if we could make progress on this issue.

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Nick Boles Portrait Nick Boles (Grantham and Stamford) (Ind)
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On a point of order, Dame Rosie. I know we have very important subjects that Members are keen to debate, so I do not want to detain you, but could you advise me how we can indicate our reaction to the grossly offensive attack by the President of the United States on Her Majesty’s ambassador, and indeed on Her Majesty’s Prime Minister? This afternoon, he has sent some messages that amount to gross discourtesy, and I am certain that many hon. Members will want to indicate that the United Kingdom will not be bullied by anyone, not even the President of the United States.

Baroness Winterton of Doncaster Portrait The Second Deputy Chairman of Ways and Means (Dame Rosie Winterton)
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I thank the hon. Gentleman for his point of order. As I am sure he will appreciate, this is not really a matter for the Chair. Obviously, he has put his views on the record and he will be well aware that mechanisms are available to him whereby he might be able to pursue this matter further. I am sure the Table Office would advise him on that, not that he necessarily needs that advice.

Mike Gapes Portrait Mike Gapes (Ilford South) (Change UK)
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Further to that point of order, Dame Rosie. Have either you or Mr Speaker had any indication that the Government intend to make a statement about President Trump’s remarks and, in particular, whether they would take reciprocal action as to any reduction in our diplomatic activity in the United States by responding in kind towards the US ambassador in this country?

Baroness Winterton of Doncaster Portrait The Second Deputy Chairman
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I thank the hon. Gentleman for that point of order. The short answer is: no, I have not received any such indication. However, as I said, there are ways in which these issues can be raised in the House.



Clause 1

Extension of period for forming an Executive

Question proposed, That the clause stand part of the Bill.

Baroness Winterton of Doncaster Portrait The Second Deputy Chairman
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With this it will be convenient to discuss the following:

Clause 2 stand part.

Amendment 14, in clause 3, page 2, line 13, leave out “21 October” and insert “4 September”.

This amendment would bring forward the date for a progress report to 4 September 2019.

Amendment 8, page 2, line 13, after “report” insert

“and make an oral statement to Parliament”.

Amendment 6, page 2, line 15, at end insert—

“(1A) The report under subsection (1) must include a report on progress made towards protecting veterans of the Armed Forces and other security personnel from repeated investigation for Troubles-related incidents by introducing a presumption of non-prosecution, in the absence of compelling new evidence, whether in the form of a Qualified Statute of Limitations or by some other legal mechanism.”

The subsection would include placing a duty on the Secretary of State to report on the options available to ensure that veterans of the Troubles would be able to assist in a truth recovery process, for the benefit of bereaved families, without fear of prosecution.

Amendment 7, page 2, line 15, at end insert—

“(1A) The report under subsection (1) must include a report on progress made towards developing new prosecution guidance for legacy cases of Troubles-related incidents by the Attorney General for Northern Ireland to take into account whether or not the person who allegedly committed an offence had the means to do so because that person had been lawfully supplied with a deadly weapon, with a presumption in favour of prosecuting in cases where a person who has allegedly committed an offence had the means to do so because that person had been unlawfully supplied with a deadly weapon.”

The subsection would place a duty on the Secretary to State to report on progress made towards a new prosecution guidance taking into account whether or not the person who allegedly committed an offence had been lawfully armed.

Amendment 15, page 2, line 15, at end insert—

“(1A) The Secretary of State shall make a further report under subsection 1 on or before 9 October 2019 at least every fourteen calendar days thereafter until either an Executive is formed or until 18 December 2019, whichever is the sooner.”

This amendment would require fortnightly reports to be made after the conference recess until an Executive was formed, or until the December recess.

Amendment 18, page 2, line 15, at end insert—

“(1A) Before making a report under subsection (1), the Secretary of State must publish a report on or before 4 September 2019 on progress made towards preparing legislation confirming the application of the Armed Forces Covenant in the provision of public services in Northern Ireland.”

The subsection would include placing a duty on the Secretary of State to report on the preparation of legislation confirming the application of the Armed Forces Covenant in Northern Ireland.

Amendment 19, page 2, line 15, at end insert—

“(1A) Before making a report under subsection (1), the Secretary of State must publish a report on or before 4 September 2019 on whether the definition of “victim” in Article 3 of the Victims and Survivors (Northern Ireland) Order 2006 (Order No. 2953 (N.I. 17)) should be revised to apply only to a person who is injured or affected wholly through the actions of another person.”

The subsection would include placing a duty on the Secretary of State to report on the definition of “victim” in the Victims and Survivors (Northern Ireland) Order 2006.

Amendment 21, page 2, line 15, at end insert—

“(1A) The report under subsection (1) must include a report to be published on or before 4 September 2019 on progress made in Northern Ireland on—

(a) the law on gaming machines;

(b) the law on online gambling;

(c) the number of people who are seeking treatment for problem gambling;

(d) the services available to people seeking problem gambling; and

(e) the level of support from the gambling industry for problem gambling.”

The subsection would include placing a duty on the Secretary of State to report on various matters related to the law on gambling in Northern Ireland and support for those experiencing problem gambling.

Amendment 22, page 2, line 15, at end insert—

“(1A) The report under subsection (1) must include a report to be published on or before 4 September 2019 on progress on the use of discretionary powers to provide assistance and support under section 18(9) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015. The report must cover—

(a) how many times the Department has decided it is necessary to provide assistance and support for victims of human trafficking for whom there has been a conclusive determination that the person is a victim of trafficking in human beings;

(b) the reasons the Department has decided it is necessary to provide assistance and support for victims of human trafficking for whom there has been a conclusive determination that the person is a victim of trafficking in human beings; and

(c) the immigration status of those victims of human trafficking for whom there has been a conclusive determination that the person is a victim of trafficking in human beings who are receiving assistance and support beyond the relevant period.”

The subsection would include placing a duty on the Secretary of State to report on the assistance and support offered to victims of human trafficking in Northern Ireland from receiving a conclusive grounds decision.

Amendment 23, page 2, line 15, at end insert—

“(1A) The report under subsection (1) must include a report on progress made in preparing legislation to extend the reporting requirements of donations to political parties in Northern Ireland to all donations made after 1 January 2014”.

Amendment 24, page 2, line 15, at end insert—

“(1A) The report under subsection (1) must include a report on progress made in preparing legislation to make provision to recognise coercive control and stalking in Northern Ireland”.

Amendment 16, page 2, line 16, leave out “the report” and insert

“any report under this section”.

This is a consequential amendment.

Amendment 17, page 2, line 16, at end insert—

“(2A) A Minister of the Crown must, within the period of two sitting days beginning with the day on which a report under this section is published, make arrangements for—

(a) a motion to the effect that the House of Commons has approved that report to be moved in that House by a Minister of the Crown within the period of three Commons sitting days beginning with the day on which the report under this section is published, and

(b) a motion for the House of Lords to take note of the report mentioned in paragraph (a) to be moved in that House by a Minister of the Crown within the period of three Lords sitting days beginning with the day on which the relevant report mentioned in section 3 is published.

(2B) In this section—

“Commons sitting day” means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day);

“Lords sitting day” means a day on which the House of Lords is sitting (and a day is only a day on which the House of Lords is sitting if the House begins to sit on that day).”

This amendment would require progress reports to be debated.

Clause 3 stand part.

Clause 4 stand part.

New clause 11—International obligations: oral statement

“In the absence of Northern Ireland Ministers to address the matters identified by the Report of the inquiry concerning the United Kingdom of Great Britain and Northern Ireland under article 8 of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Secretary of State for Northern Ireland must make an oral statement to the House of Commons on progress on implementing recommendations in accordance with section 26(1) of the Northern Ireland Act 1998.”

New clause 12—Requirement on Secretary of State

“If an Executive is not formed by 21 October 2019, nothing in this Act shall remove the requirement on the Secretary of State set out in section 26(1) of the Northern Ireland Act 1998 to direct action in the absence of ministers to ensure that all Northern Ireland departments comply with international obligations, and in particular the recommendations made by the Report of the Inquiry concerning the United Kingdom of Great Britain and Northern Ireland under article 8 of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women.”

New clause 15—Northern Ireland: Armed Forces Covenant

“(1) The Secretary of State must make regulations to confirm the application of the Armed Forces Covenant in the provision of public services in Northern Ireland.

(2) Regulations under this section must be in force no later than 21 October 2019, subject to subsections (3) and (4).

(3) A statutory instrument containing regulations under subsection (1)—

(a) must be laid before both Houses of Parliament;

(b) is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) If a Northern Ireland Executive is formed before the regulations under this section come into force, any regulations made under this section and any extant obligations arising under subsection (1) shall cease to have effect.”

This new clause would require UK secondary legislation to confirm the application of the Armed Forces Covenant in Northern Ireland.

New clause 16—Armed Forces Covenant in Northern Ireland: debate

“(1) A Minister of the Crown must, within the period of two sitting days beginning with the first sitting day on or after the day on which the report on progress made towards preparing legislation confirming the application of the Armed Forces Covenant in the provision of public services in Northern Ireland is published, make arrangements for—

(a) a motion to the effect that the House of Commons has approved that report to be moved in that House by a Minister of the Crown within the period of seven Commons sitting days beginning with the day on which the relevant report mentioned in section 3 is published, and

(b) a motion for the House of Lords to take note of the report mentioned in paragraph (a) to be moved in that House by a Minister of the Crown within the period of seven Lords sitting days beginning with the day on which the relevant report mentioned in section 3 is published.

(2) In this section—

“Commons sitting day” means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day);

“Lords sitting day” means a day on which the House of Lords is sitting (and a day is only a day on which the House of Lords is sitting if the House begins to sit on that day).”

This new clause is linked to amendment 18 on a report on progress made towards preparing legislation to confirm the application of the Armed Forces Covenant in Northern Ireland.

New clause 17—Northern Ireland: Definition of victim

“(1) The Secretary of State must make regulations to amend the definition of “victim” in Article 3 of the Victims and Survivors (Northern Ireland) Order 2006 (Order No. 2953 (N.I. 17)) so that the definition applies only to a person who is injured or affected wholly through the actions of another person.

(2) Regulations under this section must be in force no later than 21 October 2019, subject to subsections (3) and (4).

(3) A statutory instrument containing regulations under subsection (1)—

(a) must be laid before both Houses of Parliament;

(b) is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) If a Northern Ireland Executive is formed before the regulations under this section come into force, any regulations made under this section and any extant obligations arising under subsection (1) shall cease to have effect.”

This new clause would require UK secondary legislation to amend the definition of “victim” in the Victims and Survivors (Northern Ireland) Order 2006.

New clause 18—Definition of victim: debate

“(1) A Minister of the Crown must, within the period of two sitting days beginning with the first sitting day on or after the day on which the report on whether the definition of “victim” in Article 3 of the Victims and Survivors (Northern Ireland) Order 2006 (Order No. 2953 (N.I. 17)) should be revised to apply only to a person who is injured or affected wholly through the actions of another person is published, make arrangements for—

(a) a motion to the effect that the House of Commons has approved that report to be moved in that House by a Minister of the Crown within the period of seven Commons sitting days beginning with the day on which the relevant report mentioned in section 3 is published, and

(b) a motion for the House of Lords to take note of the report mentioned in paragraph (a) to be moved in that House by a Minister of the Crown within the period of seven Lords sitting days beginning with the day on which the relevant report mentioned in section 3 is published.

(2) In this section—

“Commons sitting day” means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day);

“Lords sitting day” means a day on which the House of Lords is sitting (and a day is only a day on which the House of Lords is sitting if the House begins to sit on that day).”

This new clause is linked to amendment 19 on a report on whether the definition of “victim” in the Victims and Survivors (Northern Ireland) Order 2006 should be amended by UK secondary legislation.

New clause 20—Law on gambling and support for those experiencing problem gambling in Northern Ireland: debate

“(1) A Minister of the Crown must, within the period of two sitting days beginning with the first sitting day on or after the day on which the report on gambling in Northern Ireland mentioned in section 3 is published, make arrangements for—

(a) a motion to the effect that the House of Commons has approved that report to be moved in that House by a Minister of the Crown within the period of seven Commons sitting days beginning with the day on which the relevant report mentioned in section 3 is published, and

(b) a motion for the House of Lords to take note of the report mentioned in paragraph (a) to be moved in that House by a Minister of the Crown within the period of seven Lords sitting days beginning with the day on which the relevant report mentioned in section 3 is published.

(2) In this section—

“Commons sitting day” means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day);

“Lords sitting day” means a day on which the House of Lords is sitting (and a day is only a day on which the House of Lords is sitting if the House begins to sit on that day).”

This new clause is linked to the amendment 21 on a report on progress made on the law on gambling in Northern Ireland and support for problem gambling, and provides for the report to be debated in Parliament.

New clause 21—Assistance and support for victims of human trafficking in Northern Ireland: debate

“(1) A Minister of the Crown must, within the period of two sitting days beginning with the first sitting day on or after the day on which the report on assistance and support for victims of human trafficking in Northern Ireland mentioned in section 3 is published, make arrangements for—

(a) a motion to the effect that the House of Commons has approved that report to be moved in that House by a Minister of the Crown within the period of seven Commons sitting days beginning with the day on which the relevant report mentioned in section 3 is published, and

(b) a motion for the House of Lords to take note of the report mentioned in paragraph (a) to be moved in that House by a Minister of the Crown within the period of seven Lords sitting days beginning with the day on which the relevant report mentioned in section 3 is published.

(2) In this section—

“Commons sitting day” means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day);

“Lords sitting day” means a day on which the House of Lords is sitting (and a day is only a day on which the House of Lords is sitting if the House begins to sit on that day).”

This new clause is linked to the amendment 22 on a report on progress made on the law on gambling in Northern Ireland and support for problem gambling, and provides for the report to be debated in Parliament.

Dominic Grieve Portrait Mr Dominic Grieve (Beaconsfield) (Con)
- Hansard - - - Excerpts

Thank you, Dame Rosie; it is a pleasure to participate in this debate and to raise with the Committee, at this stage, potential amendments to the legislation that I think are capable of improving it for Northern Ireland, as well as for our country as a whole.

I was a little bit startled when I read a tweet by my hon. Friend the Member for Lewes (Maria Caulfield) in which she, first, described the amendments as “Shameful”, which is of course a matter of her opinion, and secondly, went on to say that I had no interest in Northern Ireland. All I can say is that, having been in the House for 22 years, I have acted as a spokesman on Northern Ireland matters when we were in opposition; I served for six years, I think, on the British-Irish Inter-Parliamentary Body; I was chair of the Conservative Back-Bench committee on Northern Ireland in my early years in the House; I participate actively in the British-Irish Association annual conference; and I try to make myself as frequent a visitor to Northern Ireland as I can, sometimes to give talks and lectures, or, indeed, to visit people, and on a number of occasions I have been there on holiday. Whatever my views may be and however much my hon. Friend may think that they are erroneous, I can absolutely assure her that I have Northern Ireland at heart. I am a Unionist and it matters to me very much indeed.

The position on the amendments is fairly straightforward. There is provision in the Bill for a report to be made to the House on how progress is being made on setting up the Executive. I greatly welcome this measure. I apologise to my hon. Friend for the fact that I was not able to be present for the debate yesterday, but it was a debate on a principle that I entirely supported. However, the measure on the report does not go far enough. Quite apart from anything else, we are at the eleventh hour when it comes to the possibility of setting up an Executive, which I believe is massively desirable for the interests of the people of Northern Ireland. It therefore seems to me to be extremely desirable for Members to provide some further impetus and scrutiny for that process, which is why I chose in amendments 14, 15, 16 and 17, along with my right hon. and hon. Friends who support the amendments, to try to move and accelerate the process forward.

For example, amendment 14 would mean that, rather than the report coming back on 21 October, it would come back on 4 September. In addition, I chose to try to make provision for the close monitoring of the process thereafter by the House, by ensuring with amendment 15 that the Secretary of State would make

“a further report under subsection 1 on or before 9 October 2019”,

which is when we come back from the conference recess, and

“at least every fourteen calendar days thereafter until either an Executive is formed or until 18 December 2019, whichever is the sooner.”

Amendment 16 is consequential to that.

Amendment 17 would provide that, in addition to what I have outlined, and so that the House may have an opportunity to indicate how it feels the direction of travel should go and to encourage the Government in their endeavours, there are opportunities within

“two sitting days beginning with the day on which a report under this section is published”

for

“a motion to the effect that the House of Commons has approved that report to be moved”.

There is a similar provision for the House of Lords, which their lordships will of course wish to consider in due course. I believe the amendments provide a sensible package that can help to facilitate the setting up of a Northern Ireland Executive, which I dearly want to see.

It has been raised with me, and I entirely accept, that Brexit also features in this matter, and so it should. Brexit threatens Northern Ireland more than almost any other part of the United Kingdom. It threatens it economically; it threatens it in terms of its security; and it threatens it in terms of its cohesion. For all those reasons, we should as a House—particularly, I might add, those of us who consider ourselves to be Unionists—be exceptionally troubled by the current direction of travel. In particular, I cannot escape the fact that I have listened with astonishment to a number of references from people who may be holding high office in the near future, one of whom appears to think that proroguing Parliament to achieve Brexit is an acceptable form of activity for the leader of the Executive, when in fact it is a constitutional enormity and a gross undermining of democracy.

I freely admit that one of the purposes of these amendments is to try to ensure that this extraordinary threat of really an unprecedented character made against this House that we should be prorogued can be banged on the head. Furthermore, the fact that we should be sitting in October to consider these grave matters in relation to Northern Ireland is, in my view, a good reason why these amendments should be supported. I am mindful of the fact that a further amendment, new clause 14, has, for perfectly understandable reasons, not been selected at this stage of the proceedings because of the nature of its scope. It would have effectively provided—I want to make this point very briefly—that Prorogation could not take place, because when these statements and motions should be made and passed, the House would have to be sitting. That is desirable, because as we approach the crisis that is impending on 31 October, if this House wishes to approve a no-deal Brexit, then so be it, but it should be here to do just that, and not pushed into the margins, as some have suggested in this entirely unconstitutional fashion.

Northern Ireland (Executive Formation) Bill

Baroness Winterton of Doncaster Excerpts
2nd reading: House of Commons
Monday 8th July 2019

(6 years, 7 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Notices of Amendments as at 5 July 2019 - (8 Jul 2019)
Second Reading
Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
- Hansard - -

I inform the House that Mr Speaker has not certified the Bill for the purposes of the Standing Orders relating to territorial application and devolved legislative competence.

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Stella Creasy Portrait Stella Creasy
- Hansard - - - Excerpts

I thank the right hon. Gentleman for his intervention. I gently suggest that he goes back and reads section 26 of the 1998 Act, which explicitly does not do what he says it does. It explicitly says—[Interruption.] With respect, I listened to him; I hope he will listen to me, because this is the debate that we need to have about this legislation. I have listened to him—[Interruption.]

Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
- Hansard - -

Order. The hon. Lady has the right to respond to the intervention.

Stella Creasy Portrait Stella Creasy
- Hansard - - - Excerpts

The 1998 Act explicitly says that the Westminster Parliament retains responsibility for upholding those international obligations.

The right hon. Gentleman also asked about the concept of abortion as a human right. I understand that he has quoted a QC, but again I would point him to those international bodies, including the Vienna convention, that say that we cannot absolve ourselves of those international obligations through our internal arrangements, and the UN Committee against Torture, which just this month said that the situation in Northern Ireland was

“likely to result in severe pain and suffering, such as when the pregnancy is the result of rape or incest, when the life or health of the pregnant person is at risk and in cases of fatal fetal impairment.”

We are being explicitly challenged on human rights, and there are grounds in the Istanbul convention—[Interruption.] The right hon. Gentleman shakes his head. Above all else, this Bill is about how we help to ensure that people in Northern Ireland do not have the current gap. We need to say that those international obligations are equally our responsibility.

The right hon. Gentleman might disagree about those obligations, but he cannot deny that, right now, there is a gap on this very issue. That is why it is right that we have introduced proposals to try to address the gap, so that people in Northern Ireland are not put at a disadvantage. He shakes his head again. Perhaps he will listen to our Supreme Court, which has found that the situation in Northern Ireland is incompatible with article 8 of the European convention on human rights with respect to fatal foetal abnormalities and to women who become pregnant due to rape or incest. It said the law in Northern Ireland is “untenable” and needs “radical reconsideration”, as it treats women like “vehicles.”

The courts are looking to this Parliament, because the Offences Against the Person Act 1861 was passed by Westminster, so it needs to be dealt with by Westminster, which would need to enable the people of Northern Ireland, if the Assembly were back up and running, to craft their own laws on this issue. The right hon. Gentleman cannot have it both ways. Either we take responsibility for the impact of UK-wide legislation crafted in this place and for the international human rights obligations that we as a Parliament have sworn to protect, or we say that it is okay to treat some of our people as second-class citizens and not give them the services we give to others.

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Ian Paisley Portrait Ian Paisley
- Hansard - - - Excerpts

We have until 10 o’clock.

Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
- Hansard - -

Order. The hon. Lady has indicated that she is coming to the end of her speech, so do not continually ask her to give way; she is clearly not going to, and she is quite right to say so. Although there is quite a lot of time, we do have other speakers to fit in.

Stella Creasy Portrait Stella Creasy
- Hansard - - - Excerpts

Thank you, Madam Deputy Speaker.

We also know that 66% of the public in Northern Ireland think that Westminster should reform the law in the absence of a devolved Government. This Bill deals with that absence and the unlikelihood of our ever getting an Assembly set up in the current situation. DUP Members have very clearly set out many of the frustrations that might be preventing that, but above all, that does not mean that the voices and rights—particularly human rights—of the people of Northern Ireland should play second fiddle to political frustrations.

If we have learned anything in this place, it is that when we put politics ahead of people, we all lose out. I am also talking about our ability to listen to the voices of women such as Sarah Ewart, who are looking for change—women who tell us that they could not go through another pregnancy because their last one nearly killed them in childbirth. We ask that every woman has the choice to not be forced to continue with an unwanted pregnancy. Women do not want to face prosecution because they stood up for their children.

Last year, 1,000 women travelled to England and Wales to get an abortion, but many more cannot travel; they might be in abusive relationships, they might have childcare issues or they might not be able to afford it. We have to remember that there is no right at all here, not even in instances of rape or fatal foetal abnormality. Current laws force women in Northern Ireland to carry a baby they know will not live. That cannot be a human right. That is torture, and we cannot keep waiting for the Assembly to deal with it. We do not expect citizens in England and Wales to go through a referendum on this; we cannot put that extra layer on the people of Northern Ireland in order for them to get their human rights.

If we take this course on the right not to be forced to continue an unwanted pregnancy, or the right to love whom we love, what other human rights will we sacrifice for political expediency? The right to life and liberty? The right to be free from slavery and torture? Freedom of opinion and expression? It is a slippery slope to start saying that the human rights obligations that we have signed up to do not matter when we write legislation. The amendments tomorrow and the ruse of those statutory instruments are crucial, and that is because of the words of Lyra McKee’s partner, Sara Canning, who said to the Prime Minister at Lyra’s funeral:

“I wanted her to know that Lyra and I had a right to be treated as equal citizens in our own country. Surely that’s not too much to ask?”

We can pass legislation about the powers of politics and the powers of this place, but fundamentally the power of this place cannot be to deny the basic human rights of our citizens. The people who live in Northern Ireland deserve the same human rights as the people who live in England and Wales. Either we are champions of human rights or we do not deserve to call ourselves parliamentarians.

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Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
- Hansard - -

I call the hon. Member for Strangford (Jim Shannon).

Point of Order

Baroness Winterton of Doncaster Excerpts
Wednesday 6th March 2019

(6 years, 11 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Karen Bradley Portrait The Secretary of State for Northern Ireland (Karen Bradley)
- Hansard - - - Excerpts

On a point of order, Madam Deputy Speaker. Before I proceed to the main business, I wish to clarify the comments I made earlier today to the House during Northern Ireland questions in response to a question raised by the hon. Member for Belfast South (Emma Little Pengelly), which I believe may have been open to misinterpretation.

At oral questions, I referred to deaths during the troubles caused by members of the security forces. The point I was seeking to convey was that the overwhelming majority of those who served carried out their duties with courage, professionalism, integrity and within the law. I was not referring to any specific cases, but expressing a general view. Of course, where there is evidence of wrongdoing it should always be investigated, whoever is responsible. These are of course matters for the police and prosecuting authorities who are independent of Government.

Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
- Hansard - -

I thank the Secretary of State for her point of order.

Tony Lloyd Portrait Tony Lloyd (Rochdale) (Lab)
- Hansard - - - Excerpts

Further to that point of order, Madam Deputy Speaker. I thank the Secretary of State for her gracious clarification of her position. Will she take this opportunity to recognise that confidence in the judicial process is fundamental to all communities and all people across Northern Ireland? For those reasons, her clarification that those who have committed criminal offences will face the justice process is important and it emphasises the need to move on quickly with the legacy commitments brought about by the 2014 Stormont House agreement.

Baroness Winterton of Doncaster Portrait Madam Deputy Speaker
- Hansard - -

I thank the Secretary of State for her point of order and for giving me advance notice of her intention to make it. I am sure the fact that she has come to the House very quickly to make that clarification will be appreciated. I also understand the point made by the Opposition spokesman. I do not want to reopen the debate we had earlier. The point of order has been noted and the Secretary of State has made her clarification.

Northern Ireland (Regional Rates and Energy) (No. 2) bILL (bUSINESS OF THE hOUSE)

Ordered,

That the following provisions shall apply to the proceedings on the Northern Ireland (Regional Rates and Energy) (No. 2) Bill:

Timetable

(1) (a) Proceedings on Second Reading and in Committee of the whole House, any proceedings on Consideration and proceedings up to and including Third Reading shall be taken at today’s sitting in accordance with this Order.

(b) Notices of Amendments, new Clauses or new Schedules to be moved in Committee of the whole House may be accepted by the Clerks at the Table before the Bill has been read a second time.

(c) Proceedings on Second Reading shall be brought to a conclusion (so far as not previously concluded) four hours after the commencement of proceedings on the Motion for this Order.

(d) Proceedings in Committee of the whole House, any proceedings on Consideration and proceedings up to and including Third Reading shall be brought to a conclusion (so far as not previously concluded) six hours after the commencement of proceedings on the Motion for this Order.

Timing of proceedings and Questions to be put

(2) When the Bill has been read a second time:

(a) it shall, despite Standing Order No. 63 (Committal of bills not subject to a programme order), stand committed to a Committee of the whole House without any Question being put;

(b) the Speaker shall leave the Chair whether or not notice of an Instruction has been given.

(3) (a) On the conclusion of proceedings in Committee of the whole House, the Chairman shall report the Bill to the House without putting any Question.

(b) If the Bill is reported with amendments, the House shall proceed to consider the Bill as amended without any Question being put.

(4) If, following proceedings in Committee of the whole House and any proceedings on Consideration of the Bill, a legislative grand committee withholds consent to the Bill or any Clause or Schedule of the Bill or any amendment made to the Bill, the House shall proceed to Reconsideration of the Bill without any Question being put.

(5) If, following Reconsideration of the Bill:

(a) a legislative grand committee withholds consent to any Clause or Schedule of the Bill or any amendment made to the Bill (but does not withhold consent to the whole Bill and, accordingly, the Bill is amended in accordance with Standing Order No. 83N(6)), and

(b) a Minister of the Crown indicates his or her intention to move a minor or technical amendment to the Bill, the House shall proceed to consequential Consideration of the Bill without any Question being put.

(6) For the purpose of bringing any proceedings to a conclusion in accordance with paragraph (1), the Chairman or Speaker shall forthwith put the following Questions in the same order as they would fall to be put if this Order did not apply:

(a) any Question already proposed from the Chair;

(b) any Question necessary to bring to a decision a Question so proposed;

(c) the Question on any amendment, new Clause or new Schedule selected by the Chair or Speaker for separate decision;

(d) the Question on any amendment moved or Motion made by a Minister of the Crown;

(e) any other Question necessary for the disposal of the business to be concluded; and shall not put any other questions, other than the question on any motion described in paragraph (17)(a) of this Order.

(7) On a Motion so made for a new Clause or a new Schedule, the Chairman or Speaker shall put only the Question that the Clause or Schedule be added to the Bill.

(8) If two or more Questions would fall to be put under paragraph (6)(d) on successive amendments moved or Motions made by a Minister of the Crown, the Chairman or Speaker shall instead put a single Question in relation to those amendments or Motions.

(9) If two or more Questions would fall to be put under paragraph (6)(e) in relation to successive provisions of the Bill, the Chairman shall instead put a single Question in relation to those provisions, except that the Question shall be put separately on any Clause of or Schedule to the Bill which a Minister of the Crown has signified an intention to leave out.

Consideration of Lords Amendments

(10) (a) Any Lords Amendments to the Bill may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.

(b) Proceedings on consideration of Lords Amendments shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement; and any proceedings suspended under sub-paragraph (a) shall thereupon be resumed.

(11) Paragraphs (2) to (11) of Standing Order No. 83F (Programme orders: conclusion of proceedings on consideration of Lords amendments) apply for the purposes of bringing any proceedings to a conclusion in accordance with paragraph (10) of this Order.

Subsequent stages

(12) (a) Any further Message from the Lords on the Bill may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.

(b) Proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement; and any proceedings suspended under sub-paragraph (a) shall thereupon be resumed.

(13) Paragraphs (2) to (9) of Standing Order No. 83G (Programme orders: conclusion of proceedings on further messages from the Lords) apply for the purposes of bringing any proceedings to a conclusion in accordance with paragraph (12) of this Order.

Reasons Committee

(14) Paragraphs (2) to (6) of Standing Order No. 83H (Programme orders: reasons committee) apply in relation to any committee to be appointed to draw up reasons after proceedings have been brought to a conclusion in accordance with this Order.

Miscellaneous

(15) Standing Order No. 15(1) (Exempted business) shall apply so far as necessary for the purposes of this Order.

(16) Standing Order No. 82 (Business Committee) shall not apply in relation to any proceedings to which this Order applies.

(17) (a) No Motion shall be made, except by a Minister of the Crown, to alter the order in which any proceedings on the Bill are taken, to recommit the Bill or to vary or supplement the provisions of this Order.

(b) No notice shall be required of such a Motion.

(c) Such a motion may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.

(d) The Question on such a Motion shall be put forthwith; and any proceedings suspended under sub-paragraph (c) shall thereupon be resumed.

(e) Standing Order No. 15(1) (Exempted business) shall apply to proceedings on such a Motion.

(18) (a) No dilatory Motion shall be made in relation to proceedings to which this Order applies except by a Minister of the Crown.

(b) The Question on any such Motion shall be put forthwith.

(19) No debate shall be held in accordance with Standing Order No. 24 (Emergency debates) at today’s sitting after this Order has been agreed.

(20) Proceedings to which this Order applies shall not be interrupted under any Standing Order relating to the sittings of the House.

(21) No private business may be considered at today’s sitting after this Order has been agreed.—(Karen Bradley.)

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

Baroness Winterton of Doncaster Excerpts
None Portrait Several hon. Members rose—
- Hansard -

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Baroness Winterton of Doncaster Excerpts
Baroness Brown of Silvertown Portrait Lyn Brown (West Ham) (Lab)
- Hansard - - - Excerpts

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

Baroness Winterton of Doncaster Portrait The Second Deputy Chairman of Ways and Means (Dame Rosie Winterton)
- Hansard - -

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

Jeffrey M Donaldson Portrait Sir Jeffrey M. Donaldson
- Hansard - - - Excerpts

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

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Baroness Winterton of Doncaster Portrait The Second Deputy Chairman of Ways and Means (Dame Rosie Winterton)
- Hansard - -

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

Jeffrey M Donaldson Portrait Sir Jeffrey M. Donaldson
- Hansard - - - Excerpts

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

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

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

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

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

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

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

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Baroness Winterton of Doncaster Excerpts
Gavin Newlands Portrait Gavin Newlands
- Hansard - - - Excerpts

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

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

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

Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
- Hansard - -

I have now to announce the result of the Division deferred from yesterday. In respect of the question relating to electricity and gas, the Ayes were 304 and the Noes were 203, so the Ayes have it.

[The Division list is published at the end of today’s debates.]

Northern Ireland Budget (No. 2) Bill

Baroness Winterton of Doncaster Excerpts
Money resolution: House of Commons & 3rd reading: House of Commons & Report stage: House of Commons
Monday 9th July 2018

(7 years, 7 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Notices of Amendments as at 2 February 2018 - (5 Feb 2018)
Question proposed, That the clause stand part of the Bill.
Baroness Winterton of Doncaster Portrait The Second Deputy Chairman of Ways and Means (Dame Rosie Winterton)
- Hansard - -

With this it will be convenient to consider:

Clauses 2 to 8 stand part.

Amendment 1, in schedule 1, page 13, line 19, after “offences” insert

“other than the prosecution of members and former members of the armed forces for murder, manslaughter or culpable homicide, or for attempt of those offences, if the alleged offence was committed—

(a) more than 20 years before the date of issue of proceedings; and

(b) when the accused person was subject to service law, or was a civilian under service discipline, and engaged in a UK peacekeeping operation; and

(c) if the alleged offence relates to events which took place in Northern Ireland and which have been the subject of an investigation by—

(i) a service police force or a UK police force, or

(ii) a coroner.”.

The intention of this amendment and the similar amendment to Schedule 2 is to remove prosecutions against current and former members of the armed forces for certain alleged offences committed during military operations or in similar circumstances from the ambit of authorised expenditure by the Public Prosecution Service for Northern Ireland.

That schedule 1 be the First schedule to the Bill.

Amendment 2, in schedule 2, page 27, line 33, after “offences” insert

“other than the prosecution of members and former members of the armed forces for murder, manslaughter or culpable homicide, or for attempt of those offences, if the alleged offence was committed—

(a) more than 20 years before the date of issue of proceedings; and

(b) when the accused person was subject to service law, or was a civilian under service discipline, and engaged in a UK peacekeeping operation; and

(c) if the alleged offence relates to events which took place in Northern Ireland and which have been the subject of an investigation by—

(i) a service police force or a UK police force, or

(ii) a coroner.”

The intention of this amendment and the similar amendment to Schedule 1 is to remove prosecutions against current and former members of the armed forces for certain alleged offences committed during military operations or in similar circumstances from the ambit of authorised expenditure by the Public Prosecution Service for Northern Ireland.

That schedule 2 be the Second schedule to the Bill.

Northern Ireland (Regional Rates and Energy) Bill

Baroness Winterton of Doncaster Excerpts
2nd reading: House of Commons & 3rd reading: House of Commons
Wednesday 21st March 2018

(7 years, 11 months ago)

Commons Chamber
Read Full debate Northern Ireland (Regional Rates and Energy) Act 2018 View all Northern Ireland (Regional Rates and Energy) Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts
Ian Paisley Portrait Ian Paisley (North Antrim) (DUP)
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On a point of order, Madam Deputy Speaker. I am at a loss to understand what the point being made has to do with the RHI or rates in Northern Ireland.

Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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The hon. Member for Pontypridd (Owen Smith) is speaking to the Second Reading, and I am sure he is consistent and will ensure he sticks to that.

Owen Smith Portrait Owen Smith
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I give way to the Secretary of State.

Northern Ireland Budget Bill

Baroness Winterton of Doncaster Excerpts
2nd reading: House of Commons & 3rd reading: House of Commons & Report stage: House of Commons
Monday 13th November 2017

(8 years, 3 months ago)

Commons Chamber
Read Full debate Northern Ireland Budget Act 2017 View all Northern Ireland Budget Act 2017 Debates Read Hansard Text Read Debate Ministerial Extracts
None Portrait Several hon. Members rose—
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Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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Order. To be absolutely sure that everybody has the opportunity to speak, I impose a time limit of 10 minutes.