Northern Ireland (Executive Formation etc) Act 2019 Section 3(5)

Debate between Stella Creasy and Robin Walker

Wednesday 16th October 2019 Commons Chamber

[Mr Walker]

I think we can all welcome the fact that the Bill is being introduced and is moving forward. I am afraid that I do not have the full details of the timetable, but I will seek to consult colleagues in the Lords and, perhaps, write to the hon. Lady. I join her in paying tribute to the victims groups, about whom we have heard a great deal from Members throughout the House, and who have waited so patiently for redress and worked so constructively with those involved in the Hart inquiry, and with officials and politicians.

Let me now turn to the talks. The House should be in no doubt of the strength of our resolve to get Stormont back up and running. In the weeks since the first report was published, the Secretary of State has intensified his work with the Northern Ireland parties—particularly the two largest parties—to seek solutions to the remaining issues, which include rights, language and identity. He has continued to work closely with the Tánaiste, in accordance with the three-stranded approach, and the British and Irish Governments share the view that there remains an opportunity in the coming days to reach an accommodation. Indeed, the Secretary of State is not here in person to open the debate because he has decided to stay on in Northern Ireland tonight to continue to engage with the parties this evening.

The people of Northern Ireland have gone for more than 1,000 days without an Executive and Assembly, and I, along with colleagues throughout the House, do not want that stagnation to continue. Northern Ireland needs effective decision making, and its people deserve progress on key issues, including many that have been raised in the published reports.

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

The last time there were official cross-party talks was in July. We are now literally five days away from the Bill becoming an Act, and the provisions on abortion and same-sex marriage being extended as equal rights to Northern Ireland. What could it possibly be in the next couple of days that has suddenly renewed the Government’s vigour and their desire to reopen the talks, and to offer the idea that the abortion law for the people in Northern Ireland could be suspended when there is a Brexit deal to be done? Will the Minister update us on what has happened to change things now, of all times?

[Mr Walker]

I do not accept that characterisation. The Government have always been clear that we want to see devolved Government restored and that this deadline set out in the Act of the 21st would be when legislation would have to be brought forward if the Executive were not in place. Of course it is right that we are engaging with the parties—as I suspect any Government of any colour would be doing—to try to restore the Executive and Assembly, and we should continue to do that right up to the deadline.

As the hon. Lady notes, the current period for Executive formation expires on Monday, 21 October, and in the event that the institutions have not been restored, we will be required to extend the Act by statutory instrument. On this, I want to be absolutely clear with the political parties in Northern Ireland: this would not be a good outcome. Northern Ireland needs political decision making. The Assembly has had over two and a half years to reach a compromise and get Stormont back up and running, and the people of Northern Ireland are sick and tired of continued delay.

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[Mr Walker]

Broadly, yes—I do accept that, but I also accept that the legislation allowed for this interim period so that the right guidance could be put into place to ensure that when services become available they are operating under the right framework.

It is expected that access to abortion services will not be routinely available in Northern Ireland until the new legal framework is in place after March 2020. The guidance notes that, if healthcare professionals choose to offer an abortion service to women during the interim period within the bounds of the relevant law, they should do so in line with their professional competence and guidance from their professional body. The guidance also notes the state of play relating to conscientious objection and what to do in cases in which patients have purchased abortion pills online. We are continuing to work at pace to be ready to continue to take forward all the necessary work to be able to implement new regulations by 31 March 2020 if there is no restored Executive by the deadline. Make no mistake: we will change the law on these issues if there is no Executive within the deadline.

My Department is therefore preparing to launch a consultation on changes to the law, on access to abortion services, and on the scheme for a victims payment once the 21 October deadline passes.

[Stella Creasy]

The Act is exceptionally clear that it is solely the Executive being reformed, not the Assembly, that would be the trigger. It is also very clear that this is not dependent on the Assembly being in place post 22 October. For the avoidance of doubt, will the Minister tell the House whether the legislation that we passed in July this year will be amended by this Government if the Assembly is up and running after 22 October to give the Assembly the power to set these laws, or is he going to do what the Act, which this House passed overwhelmingly, asks him to do by March 2020?

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[Mr Walker]

I am slightly confused by the hon. Lady’s intervention, because I think I have been absolutely clear that we will do what the law requires in this respect. We are not intending to amend it. What I am saying, though, is that, if the Executive and Assembly were to be up and running before the deadline, those requirements would not apply. The requirements very specifically, as she said, require the Executive to be in place.

[Stella Creasy]

For the avoidance of doubt, the Act makes no mention of the role of the Assembly if it is reconstituted once the 21 October trigger passes. Will the Minister tell the House that he intends to amend the legislation that we passed in this House about the provision of regulation by March 2020 if the Assembly is back in place? Surely the Assembly Members need to know whether the Government are expecting them to step in if the Assembly is reconstituted, because that is not what the Act says.

[Mr Walker]

The Act is clear on the requirements on the Government to act in the event that the Executive have not been reconstituted.

European Union (Withdrawal) Act 2018: Statutory Obligations on Ministers

Debate between Stella Creasy and Robin Walker

Tuesday 11th December 2018 Commons Chamber

[Mr Walker]

My hon. Friend is, of course, right that the law has a senior and more important effect, but what we are talking about here is the law. We are talking about the EU (Withdrawal) Act 2018.

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

The Minister will understand that yesterday shredded all the good will that was left in the House on assurances such as these. I listened to the Attorney General last Monday when he told this House that he had

“a solemn and constitutional duty…to advise it on these legal questions objectively and impartially, and to place such legal expertise as I have at its disposal. The historical precedents strongly support that view. The House may be sure that I shall discharge this duty with uncompromising and rigorous fidelity.”—[Official Report, 3 December 2018; Vol. 650, c. 546.]

The fact that he is not here today to give that legal weight to what the Minister is saying is a concern to all of us who have to go back to our constituents to explain what on earth is happening in this place. Can the Minister therefore confirm that the Attorney General has consulted him on what he has said today, and that he will publish any legal advice that he has given in the light of yesterday’s rulings and what happens on section 13?

[Mr Walker]

I am sure that if the hon. Lady were to approach the Attorney General, he would discharge all those responsibilities, but this question was about an Act for which my Department is responsible. Of course it is right that I should be at the Dispatch Box as a Minister in the Department for Exiting the European Union to answer questions on our legislation.