Northern Ireland (Executive Formation and Exercise of Functions) Bill

Tony Lloyd Excerpts

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

[Karen Bradley]

I will talk about that specifically, because obviously, although it is another devolved matter, we have spoken to the Victims’ Commissioner about trying to ensure that some progress can be made. I assure the hon. Gentleman that I meet victims of the troubles, I meet victims of sexual abuse, I meet victims of all manner of things, and I meet campaigners for LGBT rights and all sorts of others, and I well understand the desire to get on and take action in this place. However, I very gently say to him—he will know this from his great experience as an adviser, particularly during the period of direct rule—that there is no direct rule-lite. There is no “just intervene a little bit here and a little bit there.” All of that is direct rule, and I do not want to be in direct rule because it is wrong for the people of Northern Ireland. While there is a chance of the parties coming together and doing the right thing in Stormont, that is the best thing for the people of Northern Ireland and I have to give them every opportunity to do that.

[Tony Lloyd]

May I press the Minister on the question of the victims of terrorism? There is a very strong interpretation that, as a legacy issue, that is the responsibility of the Secretary of State, not of the Stormont Assembly. I think she needs to make it absolutely clear why she will not follow that path, because that would be the quickest way, it would be legal, and it would do something for victims here and now, not in the indefinite future.

[Karen Bradley]

I appreciate that there is confusion around this matter. I asked for advice very early on in regard to what was reserved, what was devolved, and what had become a matter for this House as a result of the agreement of politicians in Northern Ireland. Let me be clear: many of the interventions that the Government have taken over the years have been as a result of the wishes and the agreement of the parties in Northern Ireland to ask Westminster to take action in certain areas, but victims’ pensions is still a devolved matter. I want to see action in that area, and that is why I have spoken to the Victims’ Commissioner.

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Tony Lloyd Excerpts

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

[Tony Lloyd (Rochdale) (Lab)]

May I begin by joining the Secretary of State in offering my condolences to the families of the victims of the Shankill bombing and, of course, to Lord Caine for his own loss?

From now on, there might well be less consensus on Northern Ireland, as it is very difficult to see how the Bill resolves the major issue Northern Ireland now faces. We operate on the basis of consensus, so we in the Opposition will not oppose the Bill’s passage through this House, but the Secretary of State is now straining the consensus that has existed on a bipartisan basis over the years, because the Bill is grossly inadequate for its purposes. We have now had 652 days of inactivity by herself and her predecessors in government. While I totally accept that she is perfectly able to say to others—particularly the leaders of the two major political parties in the Assembly—that they also share responsibility for that lack of action, real energy must be put into this; otherwise what this Bill will represent is simply an abject admission of failures of the past and a gross lack of ambition and hope for the future, and that cannot be acceptable.

There is a constitutional crisis in Northern Ireland. The public are now entitled to begin to lose faith in the political institutions established under the Good Friday agreement. The public lose faith when they see that those institutions fail to work, and there are many issues, which I will touch on later, where we must have concern about the impact on the lives of Northern Ireland’s citizens. This constitutional crisis is therefore also now developing into a human crisis, and that is the measure against which I say that this Bill is simply inadequate.

In the past, we had the political ambitions of John Major as Prime Minister, working with Albert Reynolds, and Tony Blair as Prime Minister, working with Bertie Ahern, and we had the ambitions of the David Trimbles of this world, alongside at that time John Hume, and later on of Dr Ian Paisley with Martin McGuinness, who were prepared to take risks, but so as well were Secretaries of State and Prime Ministers. David Cameron intervened during the Stormont House agreement process, to make sure the prime ministerial writ was there. We have not seen that level of activity from our Prime Minister. I accept that she is, rightly, preoccupied with Brexit, but Northern Ireland matters, and the constitutional situation of Northern Ireland also matters. We must establish that. That is why the Bill is so disappointing.

Let me address why the Bill has come before the House. It obviously has some merit, and we strongly support the need to appoint people to bodies such as the Policing Board. That is common sense and the right thing to do. The Secretary of State is right to say that we need to prioritise some important decisions and that decisions must be made here in Westminster where those decisions cannot be made in Belfast at Stormont. However, the simple fact is that there are many other areas of activity where we must see action, too.

One of the drivers in bringing this proposed legislation forward is the Secretary of State’s concern that she would be judicially reviewed because of the failure to call an election. Ironically, that refers back to the question asked by the hon. Member for North Down (Lady Hermon) on the Hart inquiry. Victims of institutional abuse could not judicially review questions about Hart, so they took the judicial review about the timing of elections. It is ironic that the Secretary of State brings this proposed legislation forward but can say nothing helpful about the need for compensation for the victims of sexual and institutional abuse that Hart did so much to unearth. We can take those remedies, and I hope that the Secretary of State will think long and hard about why we cannot also see this as the kind of priority that would serve to achieve a consensus across the whole of Northern Ireland.

Equally, the Buick judgment has caused real uncertainty, but it has placed limitations on the capacity of civil servants. We need to be very certain that we are not doing more and returning to the position where we are asking civil servants to make politically controversial decisions that should only be taken by elected politicians, possibly and best of all, of course, in the Stormont Assembly; but if that does not happen, some of those decisions might have to come to the Secretary of State and this House for us to resolve.

This is particularly true in the light of the extraordinarily long period that the Secretary of State has outlined, with no certainty of any movement until March next year and a further five months if that fails. Frankly, it beggars belief that the Secretary of State should have to tell the House that a further five months could be necessary just in case we are close to an agreement at the end of March. That really challenges all our imaginations. It does not seem a reasonable justification of time to say that five more months would be needed to get us over a hurdle if we were almost there. We are all well aware of the interesting calendar that Northern Ireland presents, but we can and must do better than this.

We need to see energy from this Government in bringing together the five-party talks. The Secretary of State told the House on 6 September:

“I have made no decisions about the right way to get talks restarted”.—[Official Report, 6 September 2018; Vol. 646, c. 350.]

That was after 550 days of inaction. Another 60 days have gone by since then. Has she now given any thought to how to get those talks restarted? We need to see some urgency in relation to those talks. We need to see the leaders of the five political parties get round the same table. If they do not come forward—if that is the challenge posed by DUP Members—let us test that. Let us see who does not turn up for those multi-party talks.

The Secretary of State has already been asked about having an independent chair, which has worked in the past. It is difficult to find an independent chair who would be acceptable to all the parties, but it is not impossible. It was not impossible in the past, and it should not be now. If taking that step could begin to unlock this logjam, we must look at taking it. I have also said to her on a number of occasions that we need to re-institutionalise the use of the British-Irish Intergovernmental Conference, which has fallen into disrepute. It is part of the Good Friday institutions, and it has not disappeared. It has not in any sense been abolished. It met once in London, but I understand that the agenda was so slimmed down that it had little merit other than to reintroduce Ministers from either side of the Irish sea to one another. We have to do better than that. We have to get the next meeting in Dublin tabled, with an agenda that will be helpful in moving us all forward.

We need to see a change of gear and a change in energy, because this matters enormously in regard to the sorts of things that will not be done. People have already asked the Secretary of State about matters that they hold dear in their constituencies, such as the airport in Londonderry, the York Street interchange, the dualling of the A5 and the A6, and the introduction of proper broadband connections across Northern Ireland. Those are important issues, and I agree with her that they could be delivered through the capacity of the Northern Ireland civil service under the Bill. However, there are issues that go beyond that capacity and that the civil service would struggle to address. I want to talk about a number of those issues, because they are massively important. I also want to quote the Secretary of State again. She said that, in the absence of a Northern Ireland Assembly,

“the UK Government will always deliver on their responsibilities for political stability and good governance in the United Kingdom.”—[Official Report, 9 July 2018; Vol. 644, c. 757.]

Northern Ireland is part of the United Kingdom, and we are now entitled to see this Government beginning to deliver on those issues.

I want to raise some topical issues. A court judgment in Belfast today involves a woman whom I have met, Sarah Ewart. That judgment allows her to take forward her case that the decision to refuse her an abortion in Northern Ireland was outwith the law. I congratulate Sarah on her bravery in taking her case forward. If she were to win it, where would the remedy lie? The Minister of State is a lawyer, and I hope that he will tell us the answer to that question when he responds to the debate. We know that if Sarah has to fight her case all the way through to the Supreme Court, as has happened in a previous case, the chances are that the Supreme Court will make the identical judgment and say that its judgment is binding because it relates to a named individual. In those circumstances, the Supreme Court will make it absolutely clear that the remedy lies not in Stormont but here in Westminster, because the judgment is about the conformity of the United Kingdom, not just Northern Ireland, with the European convention on human rights. Ministers over here have to think about this, because it is an important human issue.

The hon. Member for Edinburgh West (Christine Jardine) has tabled a helpful amendment relating to the Hart inquiry, and I hope that the House will reach a point at which this issue can be resolved. I repeat to the Minister the pleas that we heard from my hon. Friend the Member for Pontypridd (Owen Smith), the hon. Member for North Down and others about ageing victims. I have met some of the victims, and they are no longer young people. Some of those affected have now passed away over the passage of time, so we have to bring the question of institutional abuse to a conclusion. We have to do what we can to implement the Hart judgment, and we cannot wait until August next year or beyond if the Secretary of State’s ambitions do not come to fruition.

We must also look at what the Secretary of State can do here at Westminster. Again, she needs to show some urgency in trying to resolve the kinds of things that have held up the agenda in Northern Ireland in the past. For example, why is the historical enquiries unit not being set up? There is also the question of pensions for victims of the troubles. These are the kinds of things that can be, and should be, done here. The consultation has taken place, and we need to see definitive action now. We need to see a road map of how the Secretary of State will put urgency into these different processes.

The Secretary of State has said that the Bill deals with important issues, and that is true, but there are still issues of enormous importance that will not be affected by the legislation. There are things that the civil servants will not be able to resolve, but they will still affect the lives of the people living in different parts of Northern Ireland. One issue that I have raised before in the House is the benefits system. The Stormont Assembly was able to provide some mitigation against the impact of Government cuts to welfare spending. Ironically, those cuts are affecting my own constituency and those of Ministers here in England, but the protections afforded to people in Northern Ireland through Stormont are already beginning to expire, and they will have done so by next March. Nothing in the Bill will allow those mitigations to continue, even though they were consensually built in by the Stormont Assembly. That kind of decision needs to be made.

On a different level, we have heard today that coaching is now being cut back. That includes the coaching of young people through the Gaelic Athletic Association and the Irish Football Association. This might seem small in the bigger scheme of things, but these small things make a material difference to people’s way of life. We also know that Harland and Wolff is looking for decisions about training programmes. Such programmes would enable the company not to import welders from the Baltic states because it would have the capacity to train people from the Belfast constituencies. That would make a huge difference to individual lifestyles there.

I also want to touch on the crucial question of the Northern Ireland health service, which is now in a very bad state. We know that it no longer has the ability to hit the targets that it has established for itself. For example, the target of seeing most people within nine weeks and none over 15 weeks is now being massively breached. There are people with spinal conditions who have waited more than 155 weeks to be seen in Northern Ireland, and that is simply unacceptable. There is a story of a young girl who needs a spinal correction to allow her to lead a normal life. She cannot wait 155 weeks for that kind of treatment and nor should she have to, so we need a real review of what the health service is doing. Looking at waiting lists across the piece, 1,500 people in England wait for over a year, but the figure for Northern Ireland is 64,000. I almost cannot find the right word to describe that situation. It is so grossly unfair as to challenge all our imaginations, and we simply cannot say that it is okay to wait for reform.

Several of us are wearing Macmillan Cancer Support badges today because we know the importance of cancer treatment. In Northern Ireland, the cancer targets that were established in 2009 have never been met and people are waiting months to be seen. We know that any delay in the first exchanges with doctors can delay treatment and that delayed treatment causes death. I therefore have to say to the Secretary of State that the failure to deal with health reform in Northern Ireland is causing premature deaths among the people of Northern Ireland, and that problem is just as important as seeing people on the Northern Ireland Policing Board—important though that is.

[Nigel Mills (Amber Valley) (Con)]

I agree with the hon. Gentleman that we would all like to see action on those important issues. He has listed actions for probably about half the Northern Ireland Departments, but what solution should the Government adopt? Yes, we would all like to see the Assembly administered, but if we cannot get that, is he suggesting that we should have direct rule so that we can take such decisions, or does he have some creative solution?

[Tony Lloyd]

In the past, previous Northern Ireland Secretaries have taken specific action from Westminster—not direct rule, but specific action—in areas of great urgency, such as social care. Looking for specific actions now would show not only that we are taking this constitutional crisis seriously, but that we are taking the human crisis seriously, too. I think that matters, and I hope that the Secretary of State will reflect long and hard on that. We have a few days between now and this Bill going through its stages in the House of Lords, so I hope that the Secretary of State can reflect in that time on what can be done—what ought to be done—to begin to consider some of the issues being raised.

Labour strongly supports the need to appoint people into the right official positions. That is certainly one of the reasons why the Bill has to go through the House today—I hope that no hon. Member would want to see it delayed—but we are worried about the operation of the new powers for civil servants. It must be made clear that they are not politicians and have no mandate to make new decisions. The Secretary of State said that at the Dispatch Box, and I respect her intentions and do not doubt that she meant what she said, but the letter of the law gives enormous power to civil servants, so we need transparency around their decision making and clear and binding guidance to ensure that there can be no excessive action.

In the end, the responsibility for the things that I have discussed—health in particular—should be with the Stormont Assembly and the Executive, but if that cannot happen, it will have to come to this House. I have spoken to the Secretary of State in private about this, but I do not think that I will be breaching her confidence to say that my worry lies with the length of time that is built into the Bill. When the original discussions took place across this Chamber some months back, we were talking about a fairly limited operation, but that has now expanded enormously, with the first knife coming at the end of March and the second in August. That is an awful long time. We have already had 650 days of no change, and we face half as much again if we reach that August deadline. That is not acceptable for the people of Northern Ireland; it is not acceptable constitutionally; and it is certainly not acceptable for the people who need better from this Government.

Northern Ireland Government

Tony Lloyd Excerpts

Thursday 6th September 2018 Commons Chamber

[Tony Lloyd (Rochdale) (Lab)]

I thank the Secretary of State for advance sight of the statement, although the fact that it was shared with the rest of the world might make that slightly irrelevant. Let me say at the outset that I give a cautious welcome to the proposals she has set out. However, let us be very clear that the demand of the people of Northern Ireland is quite rightly to see the restoration of democratic government, and that demand must be echoed in this Chamber.

I welcome the reference in the statement to external facilitation for future talks, but will the Secretary of State clarify whether we are talking about an independent chair, which we have urged on her in the past, or is this simply a mechanism to move the agenda on? It is important to say that the capacity to have an independent chair is something that could break the logjam. I also welcome the decision—it is overdue—on MLAs’ pay. Members on both sides of the House have been urging this on the Secretary of State and it is well beyond time, so that is a step in the right direction.

We are clear that many decisions on critical issues are now held in the logjam caused by the democratic crisis in Northern Ireland. For example, there is the issue of the existence of the Northern Ireland Policing Board. In the light of the arrest of two journalists over the weekend, that kind of oversight is fundamental to accountable policing in Northern Ireland and elsewhere. There is the issue of nurses’ pay in relation to making sure that a nurse in Newcastle in County Down is paid the same as one in Newcastle upon Tyne. There are also issues with a legislative flavour, such as equal marriage. That has already been sanctioned by the Assembly, but it needs a change to be made here.

It is not acceptable to have a process of governance by judicial review, or a situation in which people cannot go to an elected Assembly Member or Member of this House, but have to go through the courts to seek justice. Part of the test of what the Secretary of State has set out must be whether the kinds of issues that have been mentioned will be resolved. Will it mean that the ordinary folk of Northern Ireland do not have to resort to the courts to seek the kind of justice that my constituents, and those of the Secretary of State, do not have to seek there? Will the arrangements mean that nurses pay will be brought into line and ensure that we have a policing board? The answer to the second point is almost certainly yes, but the answer to the first is less certain.

The answer on the point of equal marriage is within the gift of the Secretary of State. She must recognise that moving away from Good Friday agreement legislation is a significant change, and it is not unreasonable for her to consider when she could use her capacity for legislation in this Chamber to move on those things that Northern Ireland needs.

There is a serious democratic issue at the heart of this. Of course, after the Buick judgment, we must give clarity to civil servants, but at the moment civil servants in Northern Ireland have no one to account to—not the Secretary of State, and not Members of the Northern Ireland Executive. The Secretary of State must look at the democratic deficit over this period—it could run for another 600 days. I do not wish for that, but it brings us back to the central point that we now need to proceed with real urgency. We must have capacity for early decision making, and some of that must be reflected through the only democratic institution available, which is this House. Therefore, some of that oversight must be considered here. That is not direct rule; it is the way in which democracies shine a light on decisions that are being made. Otherwise, we risk civil servants being dragged back into the courts to be judicially reviewed over incinerators or any other decision they want to make.

This is a small step, not the giant leap we need. The Secretary of State is right that we need urgency in the British-Irish intergovernmental conference, and we need five-party talks to be delivered with a degree of urgency that has simply not existed to date. Democratic accountability must be put back. The decisions that are frustrating and blighting the lives of people in Northern Ireland must be brought to a conclusion. This is a small step, and in general terms, guardedly, we will look to support the Secretary of State where appropriate. However, she must do more to break the logjam.

[Karen Bradley]

I thank the hon. Gentleman for his support. The decisions that are being taken today are not easy, and I appreciate his guarded support for what we are doing. I will continue to work with him to ensure that the House is comfortable and happy with the decisions that we are taking. Unfortunately, there is no easy answer. In an ideal situation, we would not have had 19 months without devolved government, but we have had that. We must act within the parameters of the situation in which we find ourselves, rather than where we would like to be.

The hon. Gentleman will know that I have worked throughout with four key principles in mind. First is our commitment to the Belfast agreement, and second is our obligations as the UK Government under that agreement. Thirdly, I have always acted to ensure that we remove any barriers to devolution and the restoration of power sharing. Fourthly, as the representative of the UK Government, I must bear in mind that the 1.8 million United Kingdom citizens who live in Northern Ireland are entitled to good governance, and decisions needed to ensure that good governance have been taken in this House. We will continue to take such decisions as appropriate and with the support of communities within Northern Ireland.

The hon. Gentleman mentioned my reference to external facilitation, and I have made no decisions about the right way to get talks restarted. He is right that those talks need to restart, but I need to work with the parties. Over the next few weeks, I intend to spend an intensive period, working with the parties and with the Irish Government as appropriate, and obviously with Her Majesty’s loyal Opposition—again, as appropriate—to ensure that we have the right framework to get what we all want, which is government restored in Northern Ireland.

The hon. Gentleman refers to MLA pay. I should pay tribute to the hon. Member for North Down (Lady Hermon), who makes this point any time I do anything either in the House or at the Northern Ireland Affairs Select Committee and has been a campaigner on this matter like few others. I did not want simply to beat MLAs by cutting pay; I needed to make sure there was an incentive for them to come back into devolved government. We want to use it to ensure that MLAs and politicians do the right thing and form a devolved Government. As soon as one is formed, the legislation we passed to cut MLA pay will fall away under the sunset clause passed in this House.

On the Policing Board, I have already said I will legislate to make sure that public appointments can be on a statutory footing. The hon. Gentleman is right: the Policing Board is probably the key example that everyone refers to. That is because policing in Northern Ireland has to be done with the consent of the public and all communities there, and having a properly constituted Policing Board is incredibly important to that.

The hon. Gentleman referred to equal marriage. It is probably worth clarifying the situation. While the majority of MLAs voted for equal marriage, it was stopped by the use of the petition of concern, not a failure to act. The Assembly did not give permission for equal marriage legislation to be taken forward. That seems a technicality, but it is the reality of the situation. There is no legal basis on which Northern Ireland can have equal marriage at this stage. I voted for equal marriage in this House, and I am proud to have done so, for my constituents and his—I refer here to Newcastle-under-Lyme, as well as Newcastle in County Down and Newcastle upon Tyne. Equal marriage, as with many other matters, is rightly devolved, and it is right that those decisions be taken by politicians elected by the people of Northern Ireland, not politicians in this Chamber, where appropriate. I respect the principle of devolution. Even if there are things we disagree with, we still have to respect that principle of devolution.

I will look carefully at the hon. Gentleman’s point about oversight and the democratic deficit. In my conversations and discussions with all parties about how decision making can take place, there will be a range of options available to make sure that when we bring legislation forward we do so with the broad support of the people of Northern Ireland and those who represent them. To do otherwise would not help the work we want to do and the clear objective we all have of seeing government restored to Stormont and locally elected politicians being appointed as Ministers and making decisions on behalf of the people who elected them.

Northern Ireland: Recent Violence

Tony Lloyd Excerpts

Wednesday 18th July 2018 Commons Chamber

[Tony Lloyd (Rochdale) (Lab)]

(Urgent Question): To ask the Secretary of State for Northern Ireland to make a statement regarding the recent violence in Northern Ireland and to outline what the Government are doing to assist the Police Service of Northern Ireland and local community organisations to ensure that violence does not return to the streets of Northern Ireland.

[The Secretary of State for Northern Ireland (Karen Bradley)]

I start by paying tribute to the brave men and women of the Police Service of Northern Ireland and the emergency services. They have been working relentlessly over recent weeks to keep people safe and secure, and in some cases they have come under attack while doing so. I am sure the whole House will agree that we owe them a huge debt of gratitude. I, like the hon. Gentleman, was in Northern Ireland on 12 July to be briefed on the ground by the Chief Constable and the chair of the Northern Ireland Policing Board, when I stressed once again our admiration and support for the work that they do. This morning, I had further conversations with the Chief Constable and the head of the Northern Ireland civil service for an update on the latest situation.

Let me now set out the factual position. Last week, on 11 July, in Belfast and some surrounding areas of County Down, there were episodes of serious disorder following a court order to remove a bonfire that was considered to be unsafe. The public disorder took place throughout the evening and into the night, resulting in a number of hoax security alerts, pipe bombs, and a number of vehicle hijackings. A number of sporadic, isolated acts of violence have taken place in the days since 11 July, causing some damage to property—but thankfully there have been no injuries. I know from discussions with the Chief Constable that every effort is being made to bring to justice those responsible for this reprehensible activity. In addition, we witnessed unrelated but serious disorder in Londonderry last week. This included violent acts of provocation against the police and, in some cases, petrol bombs being thrown at residential properties. There was also a serious shooting attack against police officers that could easily have injured anyone in the area.

I have been absolutely clear in my condemnation of this activity, which is a matter of deep concern for everyone who wants to see a peaceful and prosperous Northern Ireland. I am also clear that this violence is not representative of the wider community in Derry/Londonderry. As the Chief Constable informed me this morning, there have so far been 15 arrests in connection with the violence in Londonderry, and 10 people have been charged. I know that the PSNI will continue to do all it can to bring those responsible before the courts. In many cases, it would appear that young people are being exploited and goaded into criminal activity by adults who have nothing to offer their communities.

For our part, the Government have invested significantly in the PSNI, with some £230 million of additional security funding in the 2010 Parliament and £160 million over the current spending review period. In addition, as a result of the 2015 Fresh Start agreement, we are providing £25 million to help tackle the scourge of paramilitary violence. Let me be very clear: paramilitary activity was never justified in Northern Ireland in the past, and it cannot be justified today. It must stop, and I know that the Chief Constable is committed to using the full force of the law to that end. All of us need to work together, across the whole community, to see that the malign influence of paramilitary activity is ended for good.

[Tony Lloyd]

I thank the Secretary of State for her comments so far. I join her in recognising the work of the PSNI, but also the work of community groups, particularly in Derry/Londonderry, who came together last Friday and whose actions almost certainly had an impact on the ongoing levels of violence that had taken place in the city. I also want to mention the forbearance of the communities that felt themselves under attack during that period.

I would say to the House, and probably to people in Great Britain, that the situation that took place last week, with different causes and different motivations, was unacceptable. None of us should over-dramatise what took place, but none of us should be foolish enough to think that it does not matter. We saw burnt-out buses across east Belfast. We saw one bus, at least, in Newtownards, hijacked at gunpoint. We saw a return to political violence in Derry/Londonderry. We also saw, as the Secretary of State said, the use of live rounds, possibly with the intent to take life—the life of a PSNI officer. That means that we are talking about very serious levels of civil disorder. I pay tribute to those who are bringing to bear efforts to control this. Nevertheless, we have to take it seriously.

There is now an obligation of leadership on Arlene Foster and on Michelle O’Neill, the respective leaders of the Democratic Unionist party and Sinn Féin, but there is also a demand for leadership from the Secretary of State and from the United Kingdom Government. In particular, we must now ensure that the Good Friday institutions are made once again to work. They were put in place precisely because they brought an end to the troubles. Some of them have fallen seriously into disrepute, others almost casually into disrepute.

In that context, I welcome the Secretary of State’s call to re-establish the British-Irish Intergovernmental Conference. That is right and proper. However, we need to know what the agenda of its first meeting will be. Will it look, for example, at the recent political violence and at the need to get the Stormont Assembly back into operation? It is not just a question of east-west; the BIIGC also has a role to play in the situation in Northern Ireland. The meeting also cannot be allowed to be a one-off. The BIIGC now has to be brought on to the basis of being a standing conference, so that the Government in Dublin can work with the Government here to bring legitimate pressure. We must also see the restoration of the Stormont Assembly, which is perhaps the most important institution. There the Secretary of State must take action, bringing all parties together until there is a resolution. That really does matter.

Finally, we congratulate the PSNI on its work. It is one of the real achievements of the Good Friday agreement, in generating trust across different communities. However, it is under-resourced, even on the basis of the Patten recommendations; the Chief Constable has requested 300 extra officers. The Secretary of State must now show real action. Northern Ireland has had 547 days without a Government, breaking the record held by Belgium for non-government. That is not a great record. She must give leadership and get people back round that table.

[Karen Bradley]

The hon. Gentleman made a number of points. I start by joining him in paying tribute to the community groups in both Derry/Londonderry and Belfast. In east Belfast, community groups worked hard to ensure that the issues around bonfires were managed so as to minimise the effects. I am not complacent—I recognise that we saw violence that is unacceptable—but the community groups really helped by working together. I pay tribute to those groups and those communities, who, as he said, are the ones in the firing line—literally, in this case.

The hon. Gentleman is right that what we saw is unacceptable. Like him, last Thursday I saw those burnt-out cars and the level of disorder. To suggest that that level of disorder is acceptable on the streets of the United Kingdom—anywhere in the United Kingdom—would be absolutely inaccurate. We all join together in this House in condemning the activities and in paying tribute again to the PSNI and the work that it does.

The hon. Gentleman mentioned the PSNI’s resources. He will know that it has put in a specific bid around further resources and we are ensuring that that is looked at in government. Again, I pay tribute to the PSNI. As he said, we do have a British-Irish Intergovernmental Conference next week, the agenda for which will be available. We obviously want to ensure that we have an appropriate agenda that reflects the conference’s strand 3 nature.

I now finally join the hon. Gentleman in agreeing that we need devolved government in Stormont. Devolved government and the institutions established under the Belfast agreement are key. The relative peace and security we see in Northern Ireland is as a result of that agreement. I, as Secretary of State, will not shy away from taking steps that need to be taken to ensure good governance in Northern Ireland, but I agree that the best, most appropriate and effective way for the people of Northern Ireland is to see those decisions taken in Stormont.

Northern Ireland Budget (No. 2) Bill

Tony Lloyd Excerpts

Money resolution: House of Commons & 3rd reading: House of Commons & Report stage: House of Commons
Monday 9th July 2018 Commons Chamber

I sympathise immensely with my right hon. Friend’s intentions, and I want to work with him to achieve the aims that he has set out so eloquently, but, for the reasons I have stated, I simply cannot support the amendment, and I urge him to withdraw it.

[Tony Lloyd (Rochdale) (Lab)]

Let me begin where the Secretary of State ended, in saying that there can never be moral equivalence between the acts of the broad mass of those young men and women who were asked to serve in Northern Ireland at the behest of our society and those who instead sought to damage, maim and kill through the paramilitary groups of either side. As with other Members, I wish to pay tribute to those who served our nation. I wish also to follow the words of the hon. Member for North Down (Lady Hermon) in recognising as well the important role of the RUC during the troubles.

I recognise the argument put forward by the right hon. Member for Sevenoaks (Sir Michael Fallon), and he rightly was struck by and acted on the claims farming that he saw as a result of the situation in Iraq. However, there is no equivalent that reads immediately across to the situation in Northern Ireland, and it is important to establish that, even though I recognise that his motives are honourable in what he proposes.

I again follow the Secretary of State’s line in saying that there is currently a consultation on the historical inquiries, and it is important that that is allowed to take place and to go forward. It is important that we take the opportunities of the Stormont House agreement to move forward in the way that she outlined. In the debate on Second Reading, I said that we should make progress with exactly those kinds of institutional arrangements. It is important that we bring things to a rapid conclusion in the interests of victims on all sides.

The right hon. Member for Sevenoaks was challenged by the hon. Member for North Down on why the RUC/PSNI has been left out of the amendment. It is helpful to quote Mark Lindsay, the chair of the Police Federation for Northern Ireland, who says:

“Let me be clear: This organisation is totally opposed to any legislation which proposes an amnesty”—

a loaded word—

“for any crime. That’s any crime, whether committed by a police officer or terrorist from any side of the divide. Society must now decide, whether the solution is a political solution or a criminal justice solution.”

He goes on to say that it would be a “monstrous injustice” to his members were we to go down those lines. It is important that we listen to those words.

I met Mark Lindsay recently, and one point that he made to me was about the enormous importance of the Police Service of Northern Ireland having the trust of people across all communities. One way to damage that trust would be to open the PSNI up to the accusation that it somehow gained special treatment for its members, when the Police Federation for Northern Ireland does not want that kind of special treatment. That is important.

In response to the hon. Member for Belfast East (Gavin Robinson), I should say that even the leader of the Democratic Unionist party, Arlene Foster, has expressed her own doubts about going down this road. She makes the point that the DUP has not been pushing for this as a party, and her concern is that it could lead to demands for a wider amnesty. That is important because, as the Secretary of State said, she has to sign off the legislation as compatible with the UK’s human rights obligations under international law—not things that we can change or arbitrate; things that we have signed up to as part of the UK’s global commitments. These are things that the UK signs up to as exemplars to be applied not just here in the United Kingdom but all around the world. They give us the freedom to criticise those who transgress human rights obligations. A strong body of opinion—I know this opinion was given to the Defence Committee—makes it clear that if the state is seen to act partially in a way that denies victims access to justice, it is transgressing its obligations under international law. In particular, if in doing that the state is seen to be partial and to be protecting state actors while not offering the same kind of procedure to others, the state is, in that partiality, accused of breaching its wider human rights obligation.

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

The comments by the leader of my party were directed specifically at the legacy proposals for Northern Ireland. To legislate for a statute of limitations on the narrow ground of Northern Ireland would not in our opinion be appropriate, because it would exclude deployments in the Gulf war and Afghanistan. It needs to be done on a UK-wide basis. My party would be supportive on that basis, but not if it is exclusively about Northern Ireland, because that would open it up to the risk that it would be used by others to try to bring about an amnesty, which is not what it would be.

[Tony Lloyd]

I am grateful to the right hon. Gentleman for that clarification, which leads me to begin to bring my remarks to a conclusion.

I stand strongly with the Secretary of State on the fact that the consultation process is already abroad. That consultation process now should be allowed to come to its full conclusion. That is the right way forward both for this House tonight and more generally for this country. In the context of Northern Ireland, it is important to take on board the right hon. Gentleman’s remarks that the possibility of seeing a wider amnesty will defeat the ambitions of victims of the violence during the troubles and those who were left bereaved by that violence. It could, of itself, allow off the hook those whom we would all want to see—even these years on—brought before our justice system and the courts. Within that, it is right and proper that the right hon. Member for Sevenoaks recognises the force of the argument that this is the wrong vehicle. It is the wrong occasion for this and it will almost certainly lead to the wrong kind of rules—temporary at very best. I do hope that he will consider very seriously whether this is the right approach on this occasion.

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

I believe some form of consensus is emerging that a statute of limitations might be the correct way forward, especially if it could be applied in a wider context than just the Northern Ireland scenario. I know that the Conservative manifesto at the last election talked about protecting troops from malicious charges such as had been posed most irresponsibly and on an industrial scale in relation to Iraq by invoking the law of armed conflict for future conflicts and ensuring that the criteria of the civil law could not be applied to them. That is where a problem might creep in in connection with Northern Ireland, because there is no way in which the law of armed conflict could be said to apply to that situation, which was internal to the United Kingdom.

We heard from the Secretary of State that, earlier today, the Defence Secretary made the very welcome announcement that a dedicated unit is being set up inside the Ministry of Defence to try to grip this problem, and I think that it will try to grip it at every level—not just for Northern Ireland, but for these wider conflicts. However, for this evening, I will obviously concentrate on the Northern Ireland situation. I wish to start by making brief reference to the report previously produced by the Defence Committee, which was referred to by the hon. Member for Belfast East (Gavin Robinson) in his very strong contribution to this debate a little while ago.

Our report entitled “Investigations into fatalities in Northern Ireland involving British military personnel”, HC 1064, was published on 26 April 2017. The Government response, HC 549, was published on 13 November 2017, and there was a Westminster Hall debate on these reports on 25 January 2018, all of which bear future study. The Defence Committee has put in our entire report as evidence under a covering letter to the consultation process that is going on.

Northern Ireland Budget (No. 2) Bill

Tony Lloyd Excerpts

2nd reading: House of Commons
Monday 9th July 2018 Commons Chamber

[Tony Lloyd (Rochdale) (Lab)]

May I begin—I think the whole House will be united on this at least—by condemning the sectarian violence over the weekend in Derry/Londonderry? This has no place in Northern Ireland today. We thought that we had turned our back on that kind of activity.

Let me make it clear from the outset that, although the process of delivering this budget legislation is perhaps an extraordinary one, we certainly do not intend to stand in its way, but we have to raise questions about the nature of the legislation. There is no doubt that bringing forward this budget is a political decision, and it needs to be made crystal clear—I hope both the Secretary of State and the Minister in replying will do so—that this is not part of creeping direct rule. It is important that we establish the point that this is not part of creeping direct rule.

This is a truncated debate and scrutiny is, by its nature, limited. Were we to do the budgetary process for the United Kingdom in this way, the House would quite rightly be incensed. I accept the Secretary of State’s comment that this is almost the last possible time such a budget can be delivered and that it is time-sensitive. However, in that context, the Secretary of State has already referred to consulting the various parties, and the hon. Member for North Antrim (Ian Paisley) has raised a decision that the Secretary of State has made. It is important to record how that consultation took place. In particular, at what point did she consult all the five major political parties—the Assembly parties—because that is an important test of the legitimacy of the decisions within the budget?

[Karen Bradley]

I am very happy to put that on the record, but I also join the hon. Gentleman in his comments about the violence we saw at the weekend in Derry/Londonderry. I confirm that unusually—I would not normally do this in relation to any legislation or statements in the House—I made sure that all the main parties in Northern Ireland saw the budget proposals before they were finalised, and they were not presented to the House until all five parties had seen them.

[Tony Lloyd]

I am grateful for that clarification, although I may return to that point later in a different context.

Nevertheless, there is still a question of accountability. In the end, accountability is a function of adequate scrutiny—not simply of the budgetary process at this stage, but of the spending that takes place afterwards. I ask both the Secretary of State and the Minister to consider very closely what the role can now be of the Northern Ireland Audit Office. It is one of the few bodies that has legitimacy, but its legitimacy is itself challenged by the lack of a functioning Executive and Northern Ireland Assembly. However, the Audit Office is certainly one of the few bodies that can put information into the public domain and exercise some stewardship of the spending that takes place and value for money, which is so important in any form of Government spending.

Real questions must also be asked about the way in which decisions are made on spending more generally as the political logjam in Northern Ireland—the lack of a power-sharing Assembly—quite frankly turns such decisions bit by bit into some areas of enormous difficulty and some areas of crisis. The hon. Members for Belfast South (Emma Little Pengelly) and for South Antrim (Paul Girvan) have made points about the recent decision concerning the Mallusk incinerator. The Secretary of State herself mentioned the situation, which has now been through the High Court and the Court of Appeal. I must say to her that I accept people were busy on Friday, but considerable work should already have been done on this because it is important to have legal certainty.

[Karen Bradley]

I apologise if I was flippant in my remarks regarding the weekend. I assure the hon. Gentleman that we did significant work in advance of the judgment. We need to spend time looking carefully at what was said in the hearing and the judgment so that we can ensure that we react appropriately. Of course, I will discuss that with him before any final decisions are taken.

[Tony Lloyd]

I am grateful to the Secretary of State, but there is a difficult question about the capacity of the Northern Ireland civil service to make decisions. The Court ruled in the case of a controversial planning decision that is no longer deemed to be legitimate unless there is a further appeal by whomsoever, but this goes way beyond that case, as Northern Ireland Members have said. We need certainty about how money can be spent, what budgetary headings in the Bill can be transformed into practical decisions and whether the civil service has the capacity to make those decisions.

This is not an abstract, theoretical game. It will be a day-to-day game with the possibility of judicial review taking place on any and every occasion. We need certainty. In the mini-budget in March, the Secretary of State talked about seeking legal advice on how the money can be spent, but we need early certainty on the public record so that civil servants know what their capacity is. Beyond civil servants, we need certainty so that the people of Northern Ireland know how their money can be spent, because difficult and time-sensitive issues are looming.

The hon. Member for Strangford (Jim Shannon) has mentioned the north-south connector on many occasions. The decision in principle has already been taken, so in one sense that ought to be a relatively easy decision, but providing the moneys to make the connector work requires decision making by individuals or a structure that cannot subsequently be challenged in the courts. That is enormously important.

I join the hon. Members for North Down (Lady Hermon) and for North Antrim and the right hon. Member for Belfast North (Nigel Dodds) in their challenge to the Secretary of State on the role of the PSNI. All other things being equal, our country will leave the European Union on 29 March. In her statement earlier, the Prime Minister said that a range of possibilities were being considered, including a no deal outcome. The PSNI Chief Constable has made it clear that that no deal outcome would require further staffing—a serious increase in numbers. I can assure the Secretary of State that that is time-sensitive because it is not possible, even between now and the end of March, to recruit and train 300 new members of the PSNI. It is important to recognise that. It is time-sensitive and, actually, the time is already long overdue.

[Ian Paisley]

I appreciate what the shadow Secretary of State has put on the record. It is important in terms of the lack of numbers. Under the Patten recommendation, police are down by 1,000, which needs to be rectified. He is right that it will take time. What worries me most—I hope that he agrees—is that, in the top team of the PSNI, six of the nine senior officers are currently on temporary contracts because the Policing Board is not functioning. That needs to be solved immediately for the good governance of policing in Northern Ireland.

--- Later in debate ---

[Tony Lloyd]

The hon. Gentleman is absolutely right. That is one of many issues that will be frozen for as long as no Executive sits.

I can tell the House of my own experience of being a part of recruiting police officers. Recruitment and training matters enormously. The confidence of the Northern Ireland public in the PSNI demands highly and thoroughly trained people coming into the service. It is in that context that the views of the Chief Constable must be taken into account. The Secretary of State must do better than simply saying that it is under consideration. We need decisions, and we need them fast.

[Lady Hermon]

The shadow Secretary of State will be aware that actions speak louder than words. He rightly acknowledges the needs of the PSNI Chief Constable, who made it clear to the Northern Ireland Affairs Committee two weeks ago this Wednesday that he needed additional police officers and resources. The hon. Gentleman has colleagues on the Committee. Did he and his party leader take action and write to the Secretary of State for Northern Ireland reflecting and supporting the needs and views of the Chief Constable in his request for additional resources? I do not want just to hear words; I want to know that the Labour party took follow-up actions.

[Tony Lloyd]

The hon. Lady’s comments are very helpful. Better than writing, we raised the matter in Northern Ireland questions. I challenged the Secretary of State—I challenge her again today—to recognise the strength of the Chief Constable’s words and demands and to follow words with legitimate action, as the hon. Lady says. That is the right way forward.

We need Government action on a number of other issues raised in the mini-budget debate in March, including the follow-up to the Hart inquiry. The question of historical institutional abuse will not go away, except, sadly, as victims begin to disappear. It cannot be right that victims whose lives were made massively more difficult, and sometimes nearly impossible, have to wait year after year to find resolution to historical abuse. It is important that there is a clear timetable for consultation. I understand the limitations for the civil service, but given the time-sensitive nature of the inquiry for the victims, we need a clear path for the consultation process on the historical institutional abuse inquiry and the future of the Hart inquiry.

That leads me to the question of pensions for victims of the troubles, which is consistently raised. In fact, this is more straightforward for the Secretary of State in that I believe it is possible to fund it through the Westminster purse rather than through the Northern Ireland purse. One way or another, the amounts of money involved—£2 million to £3 million—would be well containable within any budget. Because of the time-sensitive nature of the question—people whose lives were made difficult are growing older and disappearing—we need firm action.

[Karen Bradley]

We have debated this matter a number of times in the House. I share the hon. Gentleman’s desire for a resolution, but he will know that the definition of victim has caused problems in terms of how anyone can assist them. I have asked the Victims’ Commissioner to do a piece of work on the definition of victim so that we can get to a resolution one way or another, which I am sure he will welcome.

--- Later in debate ---

[Tony Lloyd]

I welcome the Secretary of State’s words. Bringing this to a resolution is important, but as with all things, another round of consultation cannot be an excuse for inaction. It must be a driver so that we see justice in this difficult situation. Of course there are difficult decisions to be taken—I am aware of the different feelings that exist—but as often in such cases, grasping the nettle and saying that there is a way forward gives hope to the overwhelming majority of people who find themselves in that position. It is important that the House gives a clear signal that that can take place outwith Northern Ireland budgetary considerations.

In the same light, the Lord Chief Justice has made a request for a relatively short amount of money for the legacy inquest. Frankly, he has made it clear to me and to others that he would be able to deliver the outcome of the legacy inquests over the next five years if he is given the £5 million he has requested. If he is not given that money, it will take 30 years. Frankly, in 30 years’ time, consideration of the legacy inquest will be nearly irrelevant. Again, this issue is time-sensitive and it is within the Secretary of State’s capacity to begin to deliver on it.

As I said, we are beginning to move towards logjam. It may not yet be a crisis, but a crisis is beginning to emerge, even if only for individuals. We know that any major planning decisions will be scrutinised at the most sensitive level, but that anything controversial will be challenged in the courts. There are many other issues that need to be dealt with. The hon. Member for North Antrim referred to the inability to deliver permanent contracts for senior police officers in the PSNI. The same goes for the prisons ombudsman and many other similar positions.

In normal circumstances, health reform would apply to every constituency in every part of the United Kingdom. Bengoa reported some time ago now. Northern Ireland has the longest waiting lists in the UK, so it is important that we have action on health reform to begin to deliver the healthcare the people of Northern Ireland want and need. This is a wake-up call to everyone to make sure that MLAs get back to work to deliver on that.

On school reform—the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) referred to the situation in schools—we know things that need to be done in the education system are being blocked because of the present constitutional impasse. One issue that is important to individuals is the mitigation of welfare payments. This was negotiated as a result of the Stormont House and Fresh Start processes and is slowly beginning to lapse. It will lapse completely, I think, in 2020, or perhaps a little later. Individuals are already beginning to fall foul of the fact that this has not been renewed. For individuals, this is now a crisis. Members of this House have made it clear that they would prefer issues such as equal marriage and the termination of pregnancies to be dealt with by the Northern Ireland Assembly, but in the end the pressure for action begins to grow on all sides.

As I said at the beginning of my remarks, any budget, even by inertia, contains de facto political decisions. I think that the nods of agreement from the Minister and the Secretary of State indicate that they accept this cannot be a signal towards direct rule. Warm words and aspirations are no longer enough. We need action.

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

Does the hon. Gentleman agree that, as we move towards the recess in the next couple of weeks, we really need the Northern Ireland Office to ensure that the impasse does not further jeopardise the good governance of Northern Ireland? People are complaining and campaigning on the basis of, “Let’s get something done.” We need a package of measures in place, as soon as the House returns in early September, to alleviate the problems real people are facing and suffering on the ground.

[Tony Lloyd]

I hope that we see a groundswell of opinion in Northern Ireland that expects centre politicians —both here in Westminster and those elected to, but not sitting in, the Assembly—to get back to work. Many of the decisions that need to be made in the Assembly are important to the people on the ground, and they transcend the difference between the political parties. The issues faced in the past by John Hume, David Trimble, Dr Paisley and Martin McGuinness were massively bigger than the gap that now exists between the DUP and Sinn Féin. That is not just my opinion; I think that it would be the opinion of most ordinary folk in Northern Ireland. This is a wake-up call for everybody and a time for leadership.

[Nigel Dodds]

Of course we all share the hon. Gentleman’s desire to have the Assembly back as quickly as possible, but if he casts his mind back, he will recall that the last time we had a major issue and an impasse in getting the parties to agree was during the previous Labour Government. When Tony Blair and Gordon Brown were in charge, they took action to implement a form of interim decision making. Does he think they were right to do that?

[Tony Lloyd]

We need a package of action. It is incumbent on political leaders in Northern Ireland to stand up and be counted. Across the piece, politicians like the right hon. Gentleman have a leadership role in saying, “Get back to the Assembly.” There is, of course, a leadership role for the Secretary of State. I cannot rewrite history, by the way. What I would say is that we saw a move towards a successful conclusion and power sharing was reinvoked. We need movement towards the reintroduction of proper power sharing.

[Lady Hermon]

I am most grateful to the hon. Gentleman for allowing me to intervene again. When the Assembly was suspended in October 2002, under a Labour Government, the suspension provisions were on the statute book. They were repealed at the request, I understand, of Sinn Féin in the St Andrews agreement. Therefore, we are not comparing like with like. We are comparing that situation not with a period of suspension of the Assembly, but with a grey area where the Assembly is simply not functioning but is not suspended.

[Tony Lloyd]

Constitutionally, the hon. Lady is absolutely right. I am not sure, however, that we will make progress by looking to the past. We have to look to the future.

I applaud the Government’s decision to move to the British-Irish Intergovernmental Conference, which will meet in a couple of weeks’ time. It is important that it does so, and certainly my party will do everything it can to make the process work. It would be helpful to recognise a number of things. The conference is one of the institutions of the Good Friday agreement. It is part of the framework of the agreement, which has not gone away. The two Governments, the Irish Government and the British Government, are co-guarantors of the Good Friday agreement. I hope the Minister will make it clear, at a difficult time between our two nations—it is not simply a question of east-west relations, it is about ensuring progress on the north-south agenda too—that both Governments will show leadership in the expectation that it will be mirrored by leadership from the political parties in Northern Ireland.

It is time for a change. The things that are being held up cannot wait for finger pointing between political parties. The Secretary of State has to show real action in the weeks and months to come. Through the British-Irish Intergovernmental Conference, she can begin the process of bringing legitimate pressure to bear on all parties. We have to see real progress if we are to begin to deliver for the people of Northern Ireland the change and transformation that is now needed.

Oral Answers to Questions

Tony Lloyd Excerpts

Wednesday 20th June 2018 Commons Chamber

[Karen Bradley]

My right hon. Friend the Secretary of State for International Trade is of course responsible for those free trade agreements. However, my hon. Friend alludes to the very important point that for Northern Ireland, leaving the European Union as part of the United Kingdom means that it will have access to those free trade arrangements with the rest of the world and a land border with the European Union. That puts Northern Ireland in a unique, privileged situation.

[Tony Lloyd (Rochdale) (Lab)]

Brexit is the most fundamental issue that our generation faces. The voice of Scotland is heard through its Parliament and the voice of Wales through its Senedd; the voice of Stormont is silent. What urgent initiatives is the Secretary of State now going to take that will make a material difference in getting Stormont back to work?

[Karen Bradley]

The hon. Gentleman is right. In the absence of a functioning Executive, the normal processes—the Joint Ministerial Council meetings, for example—do not have Northern Ireland representation. I am working, together with my officials and Ministers in the Department, to ensure that all Northern Ireland parties are fully apprised of the situation. As he says, the important point is that if an Executive were in place, a full voice for Northern Ireland would be heard in all the normal structures that enable it to be heard.

[Tony Lloyd]

But it is not just Brexit: there are many urgent decisions now piling up in Northern Ireland. Those decisions cannot be made by civil servants—the High Court has decreed that—and cannot be made by devolved Ministers because there are none. The case of Billy Caldwell is urgent enough for the Home Secretary to act here in England for the Secretary of State’s constituents and mine, so what will she now do to make sure that Billy is not an unwitting victim of this constitutional crisis?

[Karen Bradley]

The hon. Gentleman is right: there are a number of matters that are pressing. I have already referred to public appointments. I can also confirm that I will bring forward legislation before the summer recess to put the budget on a statutory footing for 2018-19.

The use of medicinal cannabis is of course a matter for the Home Office for the whole United Kingdom. That is why I welcome the decision by my right hon. Friend the Home Secretary to have a review of the use of medicinal cannabis. I assure the hon. Gentleman that during the whole of last week, officials from my Department were in close contact with health officials in Northern Ireland, and that, across Government, we pressed to make sure that the case of Billy Caldwell was dealt with with suitable respect and dignity for the little boy.

Supreme Court Ruling: Abortion in Northern Ireland

Tony Lloyd Excerpts

Thursday 7th June 2018 Commons Chamber

[Karen Bradley]

I thank my right hon. Friend. I agree that this is another example—one that affects people’s lives—of why it is so important that politicians in Northern Ireland come together and form a Government, and it is quite right that they should do so. They represent their constituents in Northern Ireland, and they know what their constituents want. I am sure that they will have heard my right hon. Friend’s comments.

[Tony Lloyd (Rochdale) (Lab)]

I re-emphasise the point that we are talking about real people. Although this is a legal judgment written in legalese, nevertheless we are talking about real people, which is why there is urgency in what our Parliament must consider.

Although the judgment is disappointing in that it foundered on a technicality as to who brought the case to the Supreme Court, nevertheless the Supreme Court was crystal clear, by a majority verdict, on the important point that, in relation to obligations under article 8 convention rights, it is the United Kingdom—not Northern Ireland—that is incompatible with international human rights law. The summary of the Court’s judgment states:

“If an individual victim did return to court in relation to the present law, a formal declaration of incompatibility would in all likelihood be made.”

That is in relation to cases of fatal foetal abnormality, rape or incest, for example.

My hon. Friend the Member for Walthamstow (Stella Creasy) is right that it would be grossly unreasonable to ask a rape victim to pursue a case up to our United Kingdom Supreme Court to have that measure of incompatibility brought to legal justice. I accept that the Secretary of State must ask her legal advisers to pore over the whole judgment, but nevertheless it is clear the judgment insists that the law must change.

I agree with my hon. Friend that it would be better if the Stormont Assembly were to seize the moment and change the law for Northern Ireland but, in the absence of Stormont, the Secretary of State now has to begin setting out a clear timetable that says to Northern Ireland politicians that, if they are not prepared to come to the Stormont Assembly, Westminster would have to act, and would have to act on the moral and legal basis that the judgment is a judgment about the United Kingdom’s compatibility, not Northern Ireland’s compatibility, with international law. The Secretary of State must consider that seriously and set a timescale within which the Government must act. The law must change. Who does it is now a matter for politicians in Northern Ireland.

[Karen Bradley]

I put on record how much I appreciated the hon. Gentleman’s thoughtful and thought-provoking contribution to the debate on Tuesday.

Some Members have suggested that repealing sections 58 and 59 of the Offences Against the Person Act 1861 would somehow enable politicians in Northern Ireland to come together to create the laws that are right for Northern Ireland. Let us be clear that this is about the situation in Northern Ireland. I do not think anyone in this House is suggesting that the decision should not be taken in Stormont—we need the politicians to be in Stormont to do that—but if we proceeded down the path of repealing sections 58 and 59, we would be left with no laws on abortion in Northern Ireland. I do not think a vacuum of laws in Northern Ireland would be helpful to those women and girls we are all thinking about.

I make it clear that we want the politicians in Northern Ireland to make the law on abortion in Northern Ireland. We want them to come together, and we want them to do what is right for the people they represent.

Offences Against the Person Act 1861

Tony Lloyd Excerpts

Tuesday 5th June 2018 Commons Chamber

[Tony Lloyd (Rochdale) (Lab)]

I congratulate my hon. Friend the Member for Walthamstow (Stella Creasy) and other hon. Members on both sides of the House who sought this debate. I would also like to mention my hon. Friend the Member for Kingston upon Hull North (Diana Johnson), who has campaigned on this issue for many years.

Like the Secretary of State, I will concentrate on the situation in Northern Ireland. The referendum in the Republic 10 days ago has not altered the constitutional situation anywhere in the UK, including Northern Ireland, but it has most certainly changed the conversation, and we have to take that into account. One thing I want to establish is this: yes, we can discuss the legalese of sections 58 and 59 of the 1861 Act and talk esoterically about human rights—I do not mean to trivialise those points—but in the end this is about people. It is about women such as Sarah Ewart, to whom the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) referred. She had the most immense difficulty on discovering that the baby she was carrying would be born with no skull and could not survive the birth. Having received chronically bad support from the medical profession in Northern Ireland, she had to travel to England in the most difficult circumstances for a safe and lawful abortion. Cases such as that ought to condition the way in which we see this issue. It is about people. It is about women in distress.

Like many other Members, I have seen the joy of happy pregnancy. I have seen it in my own family: one of my daughters gave birth earlier this year. What a great moment that is. However, I have also seen the downside—the tragedy of people who know that the foetus that they conceived in hope is born to die, and the situation of women who have become pregnant as a result of rape. We must take those elements on board and recognise the humanity involved. I do not doubt the legitimacy of the arguments that anyone else presents and wishes to pursue, but I am determined to stress that there is a human being behind every one of these situations. We must remember that as we debate these matters.

The hon. and learned Member for Edinburgh South West (Joanna Cherry) mentioned the Supreme Court’s decision. That decision will make a profound difference, but my party’s position has been very clear. In our manifesto at the last election, we said that we would seek to provide, in conjunction with the Northern Ireland Assembly, a legislative framework for safe, legal abortions for women in Northern Ireland who made that choice. That is where we want to see things happen—we want to see legislation introduced in the Stormont Assembly, and nothing that my hon. Friend the Member for Walthamstow said contradicted that. The legislation would demand change, but the Stormont Assembly would have the opportunity to create the necessary legislative framework for the people—particularly the women—of Northern Ireland.

That is important, but there is a challenge behind it. I think I heard the right hon. Member for Lagan Valley say that members of the Democratic Unionist party would return to the Assembly without precondition. I hope that that is the case, because there is now a real challenge for all the Assembly politicians. They must go back to the Stormont Assembly if they want to be taken seriously in this debate and on other issues. We cannot see a situation in which civil servants without an electoral mandate make decisions, so it is incumbent on the Northern Ireland Assembly Members to go back to the Assembly.

[Nigel Dodds (Belfast North) (DUP)]

The hon. Gentleman is someone whom I hold in high esteem and for whom I have the greatest respect, but, as he knows—he does not have to hope; he knows—the Democratic Unionist party would go into government tomorrow on the basis of what we agreed previously, and I understand that the Ulster Unionists, the Social Democratic and Labour party and the Alliance party would do so as well. The members of Sinn Féin do not want to do that without a precondition, but there is no doubt about our commitment to going into government, having the Assembly up and running, and debating all these issues. We no longer have a petition of concern veto in the Assembly. Those who shout loudest about wanting this issue to be resolved should get the Assembly up and running. We agree with that—they should get on with it.

[Tony Lloyd]

l am not sure whether the right hon. Gentleman has just undermined the “no precondition” point made by the right hon. Member for Lagan Valley. However, I think that in that context it would be very helpful if the Secretary of State now said to all the parties in the Assembly, “Let us get around the table and discuss abortion law reform.” If this issue matters, it must transcend some of the other issues that have caused blockage in the recent past. That, I know, is a challenge for Northern Ireland Members, in this Westminster Parliament as well as in the Assembly, but it is a challenge that politicians must take up. We must see the Assembly up and running: that is fundamental.

I mentioned the case that is before the Supreme Court, and the hon. and learned Member for Edinburgh South West was absolutely right to ask the question that she put to the Secretary of State. I cannot anticipate how the Supreme Court will respond to the case, but it turns on the question of whether it is compatible with our obligations under the European convention on human rights for women who are bearing children as a result of rape or incest, or children with fatal foetal abnormalities or extreme malformations, not to have access to legal, safe abortion in Northern Ireland. Depending on the direction the Supreme Court takes in its decision, I think the Secretary of State and her Cabinet colleagues will have to consider very seriously how we could begin to address that at the Westminster level; it will be a Westminster issue, not a Stormont issue.

[Ian Paisley]

Does that not identify a huge flaw in this entire debate? Some 98% of all abortions carried out in the United Kingdom are carried out on pregnancies that could continue to full term. They are not inconvenient—or rather, they are not foetal abnormality cases or crisis pregnancies. They are unwanted pregnancies, and the provision that the hon. Gentleman is now saying should be introduced to Northern Ireland is not about the minority of difficult cases; it is about opening up termination of life to all. That is the fatal flaw in his argument, because that was rejected out of hand by all the parties in Northern Ireland.

[Tony Lloyd]

I am sorry, but I have to say to the hon. Gentleman that he was not listening to anything that I said. What I have said has been very clear: in the case of the Westminster Parliament having to respond to the Supreme Court, that would be in a very limited and restricted number of cases that are very clearly defined. I also said that it would be incumbent on the Stormont Assembly to legislate for the situation in Northern Ireland, and it would be up to the Assembly to decide the limitations on the law and its impact in Northern Ireland.

[Anna Soubry (Broxtowe) (Con)]

The hon. Gentleman is making a powerful speech and I agree with much of what he says. Does he agree that, especially in relation to the comment made by my hon. Friend the Member for North Antrim (Ian Paisley), it is important not to forget that this is actually about the right of a woman to choose? It is not confined merely to those who have foetal abnormalities or who have been raped or in some ghastly incestuous relationship; it is about women’s rights and our right to control what we do with our bodies.

[Tony Lloyd]

I agree, and my voting record is clear on this issue.

[Karen Lee]

I thought that the hon. Member for North Antrim (Ian Paisley) was going to say something about abortions being “convenient.” I worked in clinics and counselled women, and I tell him that they are not done for convenience. Some of those people are utterly desperate by the time they get to clinics, and it would be very wrong to think that people treat abortions as a matter of convenience.

[Tony Lloyd]

My hon. Friend is absolutely right: this is not a matter of convenience. This is a heart-rending decision; many women whom I have spoken to over the years—I have represented many of them, but many others I have known in different ways—have had to go through the agonising decision as to whether abortion is the right choice for them. The decision should nevertheless lie with them, and laws should certainly not restrict that.

I want to emphasise what the Opposition and my hon. Friend the Member for Walthamstow are saying. The Labour party’s position—we are the Good Friday agreement party, we believe—is that we want to see devolved government work, but politicians in Northern Ireland have got to make it work on this issue. They cannot shy away from it; if this issue matters to the people they represent, they must be in the Assembly making laws on it for the people of Northern Ireland.

Many Members want to speak, so I do not intend to continue for much longer, but I want to conclude as I began. This is not, in the end, an issue about lawyers or even about the philosophy of abortion; it is about real people. It is about real women, very often in situations of distress, who are looking for the law to allow them to pursue something that is prevented in Northern Ireland at the moment. It ought to be unconscionable that a woman is made to continue bearing a child doomed to die. It ought to be unconscionable that a woman who provided her 15-year-old daughter with the capacity to terminate a pregnancy should still be facing criminal prosecution, as we have seen in a recent case. On that basis, humanity now cries out for a change in the law.

I congratulate my hon. Friend the Member for Walthamstow again on securing this important debate. It is not the concluding debate—no change in the law can be passed today—but even if we pass legislation to put the wording of the motion into law, other legal changes will still be needed both UK-wide and most definitely in Northern Ireland. This is devolution-compatible, and the politicians in Northern Ireland must now make that devolution work.

[Several hon. Members rose—]