Northern Ireland (Executive Formation and Exercise of Functions) Bill

Bob Stewart Excerpts

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

[Emma Little Pengelly (Belfast South) (DUP)]

I will try to be relatively brief, because my hon. Friend the Member for Belfast East (Gavin Robinson) has made a fantastic speech in which he articulated many of the issues that I wanted to touch on. I am also conscious that my hon. Friend the Member for Strangford (Jim Shannon), who is sitting behind me, is keen to speak and to have sufficient time to articulate his issues, and I do not want to disappoint him in that regard.

I want to talk about the specifics of this legislation. I echo the words of my hon. Friend the Member for Belfast East in thanking the team at the Northern Ireland Office and the ministerial team for all their work and for the help they have given to me and the Democratic Unionist party team to enable us to understand better the issues in the Bill. They also gave us the space to raise our concerns and issues, some of which I will touch on today.

As already articulated, this Bill is not a perfect solution. In fact, I would go so far as to say that it is far from a perfect solution, because it is so limited in what it can actually do and in the powers that it gives to senior civil servants. The context of course is that that is also difficult and troubling, because giving such powers has at its heart a democratic deficit that goes to the centre of British constitutional democracy. I will touch on that again later, not least because it is almost unprecedented in decision making in any part of our United Kingdom.

Throughout the process, from the first suggestion of this approach, the ministerial team in the Northern Ireland Office will be aware that DUP Members have expressed disappointment over the ambition of the proposals. That disappointment arose not because the Secretary of State was keen to ensure that some decisions can happen in Northern Ireland, but because putting Northern Ireland back into a pre-Buick but post-collapse position is insufficient. The legislation gives only limited scope for decision making by senior civil servants, about which the Secretary of State was frank and clear, but I am grateful that there are some exceptions, although they are small, covering planning and big investment decisions when they are non-controversial and enjoy a broad consensus and when decisions are clearly in the public interest. I put it on the record again that I welcome the Secretary of State’s clarity that a decision like that on the transport hub, which is of regional significance and critical to Northern Ireland’s economy, can be made under the terms in the legislation.

However, I share the sentiments of the hon. Member for Chelmsford (Vicky Ford) that it is extremely disappointing that we are where we are. This is not where any of us want to be. I do not want to go into great detail, but it is worth reminding ourselves of how we have reached this point. My DUP colleagues have already articulated our frustration, because we want to get back into government to work and to deliver for the people of Northern Ireland. My colleagues who are Members of the Legislative Assembly were elected to do that job, but they cannot. They, like Members of every other party, are frustrated from entering the Northern Ireland Assembly and the Northern Ireland Executive by one party, but one of the frustrating things about the process thus far has been the tendency by many to look at all the parties in Northern Ireland and say, “You’re all as bad as each other. You’re all holding back progress. Why don’t you just get on with it and get back into government?”

[Bob Stewart (Beckenham) (Con)]

I was here for most of the first part of the debate, but I had to be away to attend a Committee. I just want to agree with the hon. Lady. Only one party is stopping Stormont reconvening, and it is Sinn Féin. It is in Sinn Féin’s interest to screw up—I use that phrase advisedly—the whole idea of Northern Ireland being self-governing, and it will continue to do that. I suspect that we will still be here arguing like this next year. I wish that the situation were not like this, because Northern Ireland is a great place. One party—Sinn Féin—is ruining what should be happening.

[Emma Little Pengelly]

I thank and agree with the hon. Gentleman.

I came in to work for and with Government back in 2007 on the restoration of the Northern Ireland Assembly. I was an adviser in the office of the First Minister, and I worked closely not only with our DUP team, but with the Sinn Féin team. Back in 2007, that was challenging, because the office of the First Minister and Deputy First Minister is a joint office. Part of my job was to advise the First Minister and try to get agreement on a range of issues to be signed off by the Ministers in the relevant Department. What did that mean in practice? It meant that every letter and every policy—everything that went out of the Department—had to be agreed between the DUP and Sinn Féin. I was one of the people charged with seeking those agreements for ministerial sign off.

I say this today not because of any blind hatred or opposition to Sinn Féin, because we worked the system, and we worked it hard, to try to deliver on behalf of everyone in Northern Ireland. We had to make very difficult compromises, decisions and agreements to make devolution work in order to try to stabilise the peace.

It was therefore particularly disappointing when the collapse happened, and I recognise all those people across all parties, including Sinn Féin, with whom we worked to try to make Northern Ireland work. It is in that context that everyone here, including on the Labour Benches, should be clear about who is causing there to be no government in Northern Ireland today. We would go back into government tomorrow morning. We are willing to turn up, and we are not asking for anything. One party is saying to every other party in Northern Ireland, “You are not going into government unless we get our demands.” That is blackmailing not just the other parties in Northern Ireland but the people of Northern Ireland who want to see issues addressed such as health, health transformation, education, necessary infrastructure and the fantastic projects happening on the ground to foster good relations—those things cannot happen.

In the main, the Bill gives unaccountable senior civil servants the power to make some decisions, and it has been acknowledged that most of them will be routine, non-controversial, low-level decisions. As my right hon. Friend the Member for East Antrim (Sammy Wilson) rightly said, the vast majority of the 200 decisions that have been listed are not controversial, but they cannot be taken under the terms of this Bill. That is why, right from the outset of this process, we expressed disappointment, because the time has now come that, if Sinn Féin will not move on and if they want to boycott the Northern Ireland Assembly, they should allow those who want to work to work. There need to be ministerial decisions on a whole range of important issues.

New clause 7 has received some coverage and has caused some controversy because of the two issues relating to Northern Ireland. I echo the comments of many on both sides of the House that we recognise these issues are of deep concern to many people in Northern Ireland. These issues are of deep concern to many people in my constituency. We have heard the experiences of women, particularly in relation to life-limiting conditions and fatal foetal abnormalities. We have listened to their stories and experiences, and they are incredibly difficult. I challenge anyone not to feel empathy for the very challenging circumstances in which those women find themselves.

I spoke on behalf of the DUP in the Northern Ireland Assembly just prior to the collapse on a report we commissioned, and I urged people to wait, to let us see the report and to approach the situation with compassion and care. That report has been received, and I honestly believe that, if the Northern Ireland Assembly were re-established, the report would be debated, considered and decided on where it rightly should be dealt with. The only thing holding that up is the lack of a Northern Ireland Assembly, and there would be no impediment to the Assembly getting back to work tomorrow if Sinn Féin dropped their red line.

Yes, there are some concerns about the Bill, and I conclude by addressing some specific issues for Northern Ireland. The historical institutional abuse inquiry has been mentioned, and I have frequently met victims and victims’ groups over the past seven to eight years. I have put on the record, and wish to say again, that we in the Democratic Unionist party are hugely sympathetic to what those people experienced, particularly as children, in those institutions. That is an example of an issue that needs to be addressed. A huge amount of work needs to happen on a possible redress scheme—a support scheme— and who would be eligible for it and what mechanism could be used to introduce it. But that can happen at the moment, in preparedness for a decision to be made; my understanding is that under the terms of this Bill and guidance that is the type of decision that cannot be made.

In the absence of such decisions, if there is no restoration of the Assembly, I urge the Secretary of State and her team: be a little braver, step up and make the decision to say, “It has gone on long enough.” Victims, those suffering, those in need and those sitting on waiting lists need decisions, and they need to be ministerial decisions. Although that needs to happen now and in a couple of months’ time, it needed to happen yesterday—it needed to happen a year ago. This is now urgent across such a wide range of issues.

Briefly, I wish to touch on the issue of the definition of a “victim”. I mentioned in an intervention that this week marks the 25th anniversary of the Shankill bomb, an incident that demonstrates so acutely the grotesque nature of the definition of “victim” in Northern Ireland. Under that definition, which is holding up issues such as the victim’s pension and other support, the nine innocent victims of that atrocity—that IRA act of terrorism—are gauged to be the same as the IRA bomber who blew himself up and killed himself planting that bomb on that day. That is grotesque and appalling. People right across all the political parties, here and in Northern Ireland, have a number of issues they are really concerned about and care deeply about. I recognise that many care deeply about the Irish language Act, but there are many other issues to address, such as the one I mentioned. What a wrong to turn around and say to the families of those who were murdered and injured on that day, “That bomber is treated the same under victims’ schemes and victim support as the people he went out to murder.”

Connected to that is the point relating to our veterans. We do need our covenant—we need full implementation of the covenant. Northern Ireland has 3% of the UK’s population, but we contribute 7% to the Army, which is vastly higher in terms of proportion across the United Kingdom, and we do deal with the legacy. When people come back, they have done their duty and have seen some terrible things, not because they chose to go there, but because that was their job and duty. We therefore have a responsibility to do what we can to support them. We need the full implementation of the armed forces covenant in Northern Ireland. We also need to address the issue of the disproportionate and grotesque attempts to pursue soldiers and police officers who did their duty, stood up to protect and were only there with a gun in that situation because they were placed there to protect people. We need to get that addressed urgently, and with that I will conclude.

--- Later in debate ---

[The Minister of State, Northern Ireland Office (Mr Shailesh Vara)]

May I start on a rather sad note? I extend my condolences and sympathies to Lord Caine, who is known affectionately to all of us as Jonathan Caine. Jonathan is a friend of mine and I have known him for many years. I think all of us in the House would agree that, as far as Northern Ireland issues are concerned, Jonathan is the fount of all knowledge and the one we go to because he knows all the answers. At this difficult time, we extend our sympathies to him and his family.

The intention of the Bill is to create a time-bound period for intensive efforts to restart political dialogue, which might enable the Northern Ireland political parties to form an Executive at any time, as well as to support essential decision making during that period and to ensure that key public appointments can be made until an Executive are in place.

[Bob Stewart]

Will the Minister give way?

[Mr Vara]

I will give way this time, but I am mindful of my limited time.

[Bob Stewart]

The Secretary of State mentioned that she was going to get the parties together. Have Ministers seen one small glimmer of hope that Sinn Féin will actually come to the table and start helping everyone to govern in Northern Ireland?

[Mr Vara]

There have been occasions when Sinn Féin representatives have turned up at meetings. I very much hope that my hon. Friend will take it on board that the last time we had direct rule it was for five years, and the time before that it was for 25 years. We owe it to ourselves, but more importantly to the people of Northern Ireland, that no stone is left unturned. We are bringing in this Bill to ensure that we can have some space and time during which to get those talks up and running again to try to get the Assembly functioning for the benefit of the people of Northern Ireland.

We have heard from a number of speakers, and I wish to thank all of them. If at all possible given the time constraint, I wish to make brief comments about all the speeches. The shadow Secretary of State, the hon. Member for Rochdale (Tony Lloyd), made a very thoughtful speech. May I say that we very much welcome his broad support for the measures we are introducing? He was critical of the time periods, but I would simply say that we must have the time periods we feel are necessary to try to get the flexibility we may need if the talks reach a particular stage. As I say, it is so important that we get a functioning Assembly. He also mentioned the case of Sarah Ewart. He will understand that there is a long-standing convention in the House that it is inappropriate to make comments about ongoing cases, and I hope he will take that on board.

My hon. Friend the Member for Amber Valley (Nigel Mills) raised concerns about the guidance given to the Northern Ireland civil service. I say to him and to others that we very much welcome comments from people—especially those, like him, who are on the Select Committee, but also others—who wish to make a contribution.

The hon. Member for Paisley and Renfrewshire North (Gavin Newlands) urged the Secretary of State to work night and day to try to get the Assembly up and running. I can assure him that that is precisely what she has been doing since the day she became Secretary of State, and I can also assure him that she will continue to do that. We welcome the support that he and his party are giving to this measure.

The Chairman of the Northern Ireland Affairs Committee, my hon. Friend the Member for South West Wiltshire (Dr Murrison), gave a very detailed speech, rightly highlighting the lack of decisions in Northern Ireland in the absence of Ministers and the impact that that is having on the ordinary citizen. That is why it is so important that we pass this Bill to allow the facility to try to get the Assembly up and running. Again, he made reference to the guidance given to the Northern Ireland civil service, and I say the same to him that I said to my hon. Friend the Member for Amber Valley that we would welcome any comments that he may have.

The hon. Member for Belfast East (Gavin Robinson) gave a learned speech in which he praised, quite rightly, the civil service in Northern Ireland. May I add my praise to the wonderful work of David Sterling and his team—all the permanent secretaries and the thousands of civils servants who have worked to keep Northern Ireland going for the past 20 or so months? He rightly pointed out the transparency of decisions, and will have noted that that is provided for, which is important. He specifically asked about ongoing legislation in this Chamber. I can confirm to him that this Government will continue to take steps to introduce and extend legislation to Northern Ireland following careful consideration on a case-by-case basis. We have done so to date, balancing the public interest need with our respect of the devolution settlement and fully restoring the devolved institutions in Northern Ireland.

The speech of my right hon. Friend the Member for Hemel Hempstead (Sir Mike Penning) clearly reflected his experience of Northern Ireland. He spoke of the need for determination to get the Assembly up and running again. The hon. Member for Pontypridd (Owen Smith) gave a characteristically feisty speech. I have to say that, although there have been various comments and reservations about the Bill, I was somewhat disappointed that he could not bring himself to give broad support for what we are doing, but instead concentrated his entire speech on being critical. That is matter of regret for the whole House when we seek to get the best for the people of Northern Ireland.

My hon. Friend the Member for Chelmsford (Vicky Ford) gave a passionate speech full of feeling. She spoke about the importance of the Good Friday agreement. I agree with her entirely on that importance, and on the fact that we wish we were not in this place right now and that we were not having to pass this legislation, but, as has already been said, we are where we are.

The hon. Member for Belfast South (Emma Little Pengelly) also made the point that this is not where we want to be, but we are here and therefore it is necessary to get this Bill through, and it is good to have the broad support of the House. She spoke of the need for ministerial decisions. We recognise that there should be ministerial decisions, as those decisions are vital to the people of Northern Ireland. That is why this Bill allows us the opportunity to try to get the parties to think again around that table and to get the Assembly running.

The hon. Member for Strangford (Jim Shannon) gave a detailed speech. Again, I note his concerns and reservations, but, broadly, he agreed with the spirit of this Bill and that is welcome. The hon. Member for South Antrim (Paul Girvan) rightly spoke about the issues that really are for a devolved Assembly to take. That is why, as I have said, it is important that the whole House is united in trying to get the parties to make sure that the Assembly is functioning.

The UK Government would have very much preferred it if the parties had reached an accommodation and formed an Executive by now. In the absence of such a development, action must be taken. This is to ensure that we can have the protection of the delivery of public services by giving the Northern Ireland civil service certainty to take decisions in the absence of an Executive and also to keep key bodies and offices functioning properly by ensuring that appointments can be made to them.

This really is an important Bill, and we introduce it with reluctance, but we are doing so with the best of intent to get the best for the people of Northern Ireland. I therefore urge that this Bill be read a Second time.

Question put and agreed to.

Bill accordingly read a Second time.