Northern Ireland (Executive Formation) Bill

Angela Eagle Excerpts

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

[Nick Herbert (Arundel and South Downs) (Con)]

I rise to support new clause 1 and to agree with everything that the hon. Member for St Helens North (Conor McGinn) said in moving it. I take very seriously the points the right hon. Member for Belfast North (Nigel Dodds) has just made, as I am sure do many on both sides of the Committee. It is not a small matter for this House to decide that it will legislate in this area; we should consider it carefully, and I have done so and want to explain why I have reached the decision that it is right for the UK Parliament to step in at the moment.

First, we need to reflect on the fact that 28 countries worldwide have now legislated for, or enabled through a court or referendum decision, same-sex marriage: Argentina, Australia, Austria, Belgium, Brazil, Canada, Colombia, Denmark, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, South Africa, Spain, Sweden and most recently Ecuador through the courts and Taiwan through its legislature. Costa Rica will make it 29, as of course England and Wales and Scotland have legislated too.

Too often, people find themselves saying that the UK has provided for same-sex marriage, but that is not true. It is anomalous, as has been said already in this debate, that citizens in one part of the United Kingdom cannot avail themselves of something that many people regard to be a fundamental right: to be able to enter into a marriage with the person they love.

Two arguments therefore have to be addressed. The first is that, in spite of it being the right thing to do, the UK Parliament should refrain from making such provision because it should be a devolved matter. The problem is that we do not have a functioning Executive in Northern Ireland. We have not had devolved government for some time, and notwithstanding the optimism of the right hon. Member for Belfast North—I hope he is right—we might not have it for some time going forward. Meanwhile, there are couples in Northern Ireland who do not enjoy the same rights as those in the rest of the United Kingdom. They wish to get married but are legally prevented from doing so. How much longer will they have to wait?

[Ms Angela Eagle (Wallasey) (Lab)]

Does the right hon. Gentleman agree that this House has been quite patient on this issue, given that it involves a fundamental matter of human rights? Is it not clear that the House’s patience is now running out and that we have to act?

[Nick Herbert]

I agree entirely with the hon. Lady. It was six years ago that this House legislated for equal marriage in England and Wales. There is a precedent for the proposal in new clause 1: when the Assembly was suspended in 2004, this House passed the Civil Partnerships Act 2004 to extend civil partnerships to Northern Ireland.

There is consent for this proposal in Northern Ireland itself. The Assembly has voted five times for this measure, and it is only because of the petition of concern that it has not already become law there. That petition could not be exercised now, because there would not be a majority for it in Northern Ireland. So if an Assembly were to be constituted under the current arrangements, it would almost certainly vote for equal marriage, because it is has said repeatedly that it would do so. We are not trespassing on what we know the Assembly wants to do; it is just that it does not exist, so it cannot act. The only body that is competent to act on this matter at the moment is the UK Parliament.

Northern Ireland (Executive Formation) Bill

Angela Eagle Excerpts

Ping Pong: House of Commons
Thursday 18th July 2019 Commons Chamber

[Ms Angela Eagle (Wallasey) (Lab)]

I rise to support the extremely sensible cross-party amendment so ably moved by my right hon. Friend the Member for Leeds Central (Hilary Benn). It looks like a technical measure, and in many respects it is. We are dealing with circumstances that I thought I would never face as a Member of this House; the unwritten constitutional norms that we have all accepted in our time in this place are being openly played and challenged by two people, one of whom will be an occupant of Downing Street by the end of next week, having been elected Prime Minister in an extremely mini poll of an extremely narrow number of people.

During the many hustings and debates in that election, the question has been posed of whether this Parliament should be prorogued—sent away—in an effort to get past the issue of its having three times voted against leaving the EU without a deal. The thought that Britain, a great democracy that helped to forge the post-war international rules-based system, should think of getting out of its treaty commitments by simply ripping them up and walking away, and turning its back on negotiation, would never have occurred to most of our predecessors in this place. Certainly, during the referendum, the idea that there could be no deal was not on the agenda; in fact, it was so off the agenda that it was not talked about at all. Those telling us that we should vote to leave the EU said that the deal would be the easiest in history. Nobody mentioned the phrase “no deal”.

Today, we see what the Office for Budget Responsibility —an independent economic forecasting outfit appointed by the Government—believes the economic consequences of no deal would be. It does not take a genius, or even someone with a degree in economics, to see from a quick look at the report how disastrous that would be: Britain would enter a recession, and our GDP would be 3% smaller, even in the initial phases.

[Kevin Brennan (Cardiff West) (Lab)]

My hon. Friend has a degree in economics and a degree in politics. From her knowledge of political history and the constitution of this country, would she say that it would be an outrage if a Prime Minister sought to thwart the will of the House by proroguing Parliament?

[Ms Eagle]

I could not agree more. My hon. Friend and I were establishing our economic and political credentials at university at the same time. His judgment has only improved and matured over the years.

[Ian Paisley (North Antrim) (DUP)]

Does the hon. Lady agree that it is an outrage that this debate, which is supposed to be on the Northern Ireland Executive’s formation, is being hijacked and turned into something to do with Brexit, and to do with every issue under the sun except the formation of the Executive, which now looks more unlikely as a result of this legislation?

[Ms Eagle]

The hon. Gentleman is right to be somewhat miffed about what he calls a hijack, but what I call a situation in which needs must. This is the longest parliamentary Session since the civil war, because the Government, who effectively have no majority, dare not prorogue Parliament, as they would then have to have a Queen’s Speech, and they do not have one handy because the work has not been done. No Government Front Bencher knows whether they will be on the Front Bench next week. Some know that they definitely will not; I hope that that will free them up when they are in the voting Lobby a bit later. The lack of a chance to use a legislative vehicle to establish Parliament’s rights has led us to this pass, so I understand the hon. Gentleman’s feelings, but when a legislative vehicle passes, and it is the only one in a desert, and we desperately need to clamber aboard, then needs must.

[Ian Paisley]

You accept that this is an abuse.

[Ms Eagle]

I did not say that it was an abuse; I said that needs must. I understand the hon. Gentleman’s irritation with the situation, but as this is the only legislative vehicle in sight, it is quite legitimate to try to use it to assert Parliament’s rights on this matter.

[Matt Rodda (Reading East) (Lab)]

I commend my hon. Friend’s speech. This is very much the right thing to do, and as she says, needs must. We face a serious crisis in this country, and it is right to bring forward amendment (a), however difficult that might be for some colleagues.

[Ms Eagle]

I thank my hon. Friend for agreeing with me. Perhaps this should happen more regularly; perhaps we should try to get more agreement across the House, rather than having some people in one group and others in another, in little newly forming tribes, as hate and division take root in our society. I am one of those who think that compromise is a good idea.

The amendment is trying to put into law, albeit in a clumsy way, the constitutional convention that Parliament should decide matters of great import. It should not be sent away artificially by a Prime Minister with no electoral mandate whatever, and possibly no majority whatever, in order for them to accomplish one of the most far-reaching and controversial things in modern politics—our leaving the EU without a deal. That would entail a huge loss of legitimacy, which would divide the country much further still.

[Sir Oliver Letwin (West Dorset) (Con)]

Does the hon. Lady feel, as I do, that when people look back on this debate and on this measure, they will find it quite extraordinary that we needed to have this discussion about whether the Parliament of the United Kingdom should be in session when the events of which she speaks are likely to occur?

[Ms Eagle]

I could not agree more with the right hon. Gentleman, and I commend his attempts, and those of my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), to ensure that Parliament was not in that position, by seeking to prevent a no-deal crash-out.

If we had a future Prime Minister who respected the rules and lines of our unwritten constitution and who did not wish to drive a coach and horses through them in the most controversial way possible, perhaps we would not have had to resort to this. If the future Prime Minister was conservative, and was interested in conserving the traditions and rights of this place, he would, in the first item of his leadership bid, rule out a no-deal Brexit by Prorogation of Parliament. Alas, not only has he not done that, but as the Tory leadership campaign has gone on, his rival has been dragged towards using Prorogation as a tactic to send Parliament home so that it cannot have a view.

Finally, I have already said that this is the longest Session of Parliament since the English civil war, and we are contemplating a new Tory Prime Minister who seems to believe that he can behave like a Stuart king. It did not end well in the century of the civil war, and I warn the next Prime Minister that it will not end well if he tries to do the same thing in the 21st century.

[Several hon. Members rose—]