Abortion Services Commissioning: Northern Ireland

Brandon Lewis Excerpts
Thursday 24th March 2022

(2 years, 1 month ago)

Written Statements
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Brandon Lewis Portrait The Secretary of State for Northern Ireland (Brandon Lewis)
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l am under a legal obligation by virtue of Section 9 of the Northern Ireland (Executive Formation etc) Act 2019 to ensure that the recommendations in paragraphs 85 and 86 of the 2018 Report of the Committee on the Elimination of Discrimination Against Women—“the CEDAW Report”—are implemented.

Two years after the Abortion (Northern Ireland) 2020 Regulations established the framework for abortion services, women and girls, are still unable to access high-quality abortion and post-abortion care in Northern Ireland. This is unacceptable. Without access to services in Northern Ireland, women and girls are being placed at an increased risk of harm.

It is increasingly clear that the Northern Ireland Department of Health is not going to ensure relevant healthcare services are available by the 31 March 2022 deadline that I set in my direction of July 2021. Recent events, such as the resignation of the First Minister and the Deputy First Minister consequently leaving office have created a further obstacle to progress as the Executive Committee cannot meet to approve matters. This ongoing inaction leaves me no choice but to prepare work on further regulations to ensure services are commissioned.

Therefore, I am committed to return to Parliament directly following the Assembly election in May and, if necessary, make regulations and directions that will:

place a duty on the Department of Health to make abortion services available as soon as is reasonably practicable;

remove the need for executive committee approval before services can be commissioned and funded. The regulations will do this by providing that directions under the Abortion (Northern Ireland) Regulations 2021, which require action to be taken to implement the recommendations of the CEDAW report, must be complied with irrespective of whether the matter has been discussed or agreed by the executive committee. This means that the Department of Health will have no further barriers to commission and fund services; and

confer on me the power to do anything that a Northern Ireland Minister or department could do for the purpose of ensuring that the recommendations in paragraphs 85 and 86 of the CEDAW report are implemented.

To provide additional oversight, I am immediately setting up a small team in the Northern Ireland Office with relevant experience in reproductive healthcare and financial monitoring to provide me with expert advice and to work alongside the Department of Health.

If I assess the Department of Health is not complying with the duty I place on it, I am prepared to use my powers to intervene.

[HCWS716]

Northern Ireland: Change to Terrorism Threat Level

Brandon Lewis Excerpts
Tuesday 22nd March 2022

(2 years, 1 month ago)

Written Statements
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Brandon Lewis Portrait The Secretary of State for Northern Ireland (Brandon Lewis)
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MI5 has lowered the Northern Ireland-related terrorism threat level in Northern Ireland from “SEVERE” to “SUBSTANTIAL”.

The decision to change the threat level is taken by MI5, independently of Ministers.

This is a systematic, comprehensive and rigorous process, based on the very latest intelligence and analysis of factors which drive the threat.

The fact that the threat level is being lowered from where it has been since September 2010 is a testament to the Government’s ongoing commitment to protecting the peace process and tackling Northern Ireland-related terrorism, as well as the tremendous efforts of the Police Service of Northern Ireland and MI5 for their hard-won gains over the past decade that have helped to make Northern Ireland a safer place to live and work.

Despite the change in the threat level, terrorism remains one of the most direct and immediate risks to our national security and to communities in Northern Ireland. There remains a small group of people determined to destabilise the political settlement in Northern Ireland through acts of terrorism.

“SUBSTANTIAL” means that a terrorist attack is likely and might well occur without further warning.

As ever, the public should remain vigilant and report any concerns they may have to the police.

The Government, police and intelligence agencies will continue to work tirelessly to address the threat posed by terrorism in all its forms. The threat level will be kept under constant review.

[HCWS704]

Northern Ireland: Resignation of First Minister

Brandon Lewis Excerpts
Friday 4th February 2022

(2 years, 2 months ago)

Written Statements
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Brandon Lewis Portrait The Secretary of State for Northern Ireland (Brandon Lewis)
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I wish to inform the House that Paul Givan has resigned as the First Minister of the Northern Ireland Executive. This decision is extremely disappointing and I want to make it clear that the Government want to see a return to ministerial roles immediately, to ensure the necessary delivery of public services for the citizens of Northern Ireland.

The Government’s priority is for a strong, functioning Executive delivering a better, more prosperous, shared future for the people of Northern Ireland. We want to continue to build on the Belfast (Good Friday) agreement’s promise of a stable, co-operative power-sharing Executive, built on respectful relationships with a shared commitment to serve all the people of Northern Ireland.

The last two years since the New Decade, New Approach agreement restored devolved Government in Northern Ireland have demonstrated the potential that can be unlocked when the political parties in Northern Ireland work together. We must not return to a state of political deadlock and inertia.

The Government recognise the impact that the Ireland/Northern Ireland protocol is having on the ground, and we have been clear for some time that the protocol has been causing a serious unbalancing of the delicate and hard-won political stability in Northern Ireland. We remain fully committed to fixing the problems with the protocol and to protecting the Belfast (Good Friday) agreement in all its dimensions.

I have spoken to Northern Ireland party leaders and the Irish Government, to encourage a return to stable devolved Government in Northern Ireland. The Government hope that Northern Ireland's political leaders will quickly take the necessary steps to restore the stability in the devolved institutions that the people of Northern Ireland deserve. In addition, the Northern Ireland (Ministers, Elections and Petition of Concern) Bill currently before Parliament will aid and underpin stability.

[HCWS588]

Oral Answers to Questions

Brandon Lewis Excerpts
Wednesday 26th January 2022

(2 years, 3 months ago)

Commons Chamber
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Stuart Anderson Portrait Stuart Anderson (Wolverhampton South West) (Con)
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2. What discussions he has had with the Northern Ireland Executive on when legislative proposals will be brought forward against vexatious claims made regarding veterans who served in Northern Ireland.

Brandon Lewis Portrait The Secretary of State for Northern Ireland (Brandon Lewis)
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Before we begin, I would like to make some brief remarks regarding the upcoming anniversary of Bloody Sunday. This Sunday marks the 50th anniversary of Bloody Sunday. The killing of 14 people on that day began what was the most brutal and tragic year of the troubles in terms of lives lost. I echo the words of the then Prime Minister David Cameron, who, following the publication of the Saville report in 2010, stood at this Dispatch Box and apologised on behalf of the British Government, describing the events of Bloody Sunday, rightly, as “unjustified and unjustifiable.” It is important that we do not repeat the mistakes of the past, but remember these difficult moments in our history, and come together to help build a better shared future for all the people of Northern Ireland. My thoughts this weekend will be with all those affected.

The Government collectively believe that any system for addressing the legacy of Northern Ireland’s past must focus on delivering for those most impacted by the troubles, including victims, survivors and veterans. We were very clear when publishing the Command Paper that we would engage intensively and widely with stakeholders, including the Northern Ireland parties, before introducing legislation, and that is what we have done and what we are doing. We are reflecting carefully on what we have heard, and we remain committed to addressing the issue through legislation.

Johnny Mercer Portrait Johnny Mercer
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Does the Secretary of State agree that if he reflects carefully on the responses to his Command Paper and if he engages with the professionals who have worked on legacy over many years, there is a landing zone for victims and for veterans that will address the grievance industry that has been built up in Northern Ireland off the back of people’s horrendous experiences and will deliver a lasting legacy agreement so that Northern Ireland can move forward?

Brandon Lewis Portrait Brandon Lewis
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My hon. Friend is absolutely right, and I agree with what he says. It is important that we find a way forward that works for the people of Northern Ireland and, as I say, delivers for victims, survivors and veterans; has a lasting ability to move things forward; and ensures that those who still do not know the truth and do not have information about what happened to loved ones will have a chance to get to that truth in a reasonable timeframe.

Stuart Anderson Portrait Stuart Anderson
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As a veteran who served in Op Banner, I welcome any legislation that comes forward on this issue. While we wait for that legislation, will the Secretary of State work with the Office for Veterans’ Affairs to ensure that any Op Banner veterans have the support they need?

Brandon Lewis Portrait Brandon Lewis
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Yes. Again, my hon. Friend is absolutely right. The Government are unequivocal in our commitment to deliver for all those most impacted by the troubles, including those who served so bravely to protect life and country for people in Northern Ireland. As part of that process, I assure my hon. Friend that we will work closely—and we are working closely—with the Office for Veterans’ Affairs and my hon. Friend the Minister for Defence People and Veterans; in fact, we will be meeting this afternoon.

Colum Eastwood Portrait Colum Eastwood (Foyle) (SDLP)
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Can I welcome the Secretary of State’s words at the outset? Fifty years ago this week, the Parachute Regiment were sent to my city to murder 14 people—people who were unarmed, marching for civil rights—[Interruption.] And I would condemn that as well, as well the right hon. Member for East Antrim (Sammy Wilson) knows. Last weekend, Parachute Regiment flags were flown on the outskirts of Derry. The Parachute Regiment rightly condemned the flying of those flags as a grossly offensive act against the victims of Bloody Sunday, but they have yet to apologise for and condemn the actions of their soldiers on Bloody Sunday in Derry in 1972. Does the Secretary of State think they should?

Brandon Lewis Portrait Brandon Lewis
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As I have outlined, as the Prime Minister said at the time and as I have said in responding to public inquiries recently, we as the Government must accept responsibility for what has happened in the past. When things are wrong, we need to be clear about that, as we have been. It is right that we have apologised for that, and I have added my own personal apology to that of the Government. We also need to ensure that we all work together to find a way forward to ensure that people are clear that violence is not an answer to anything in Northern Ireland or elsewhere.

Tony Lloyd Portrait Tony Lloyd (Rochdale) (Lab)
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The Secretary of State rightly made his comments about Bloody Sunday at the beginning of his remarks, but he will recognise that it took nearly 40 years for the Saville inquiry to clear the innocent victims who were murdered that day and those who were injured. Will he confirm that under the proposals that he will bring to the House a judicial inquiry will still be possible? If not, we condemn victims and their families to the accusation of guilt when an inquiry would prove their innocence.

Brandon Lewis Portrait Brandon Lewis
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The hon. Gentleman gives a powerful example. Ballymurphy, which I spoke about at the Dispatch Box not that long ago, is another powerful example of it taking far too long in these situations for families to get answers and to get to the truth. I can be very clear with the House, as I have been before, that I am determined that the legislation we bring forward will allow families to get to the truth and understand what happened quicker than we have seen before. People should not be waiting decades for information.

Mike Penning Portrait Sir Mike Penning (Hemel Hempstead) (Con)
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British soldiers like myself were sent to Northern Ireland to keep the peace, and to put their lives on the line for the peace of everybody in Northern Ireland. I say to the Secretary of State that, while I welcome the Command Paper, we must not have any delay in the functions of Government getting to a conclusion on this, so that veterans—many of them have passed away already—can live their lives in peace, rather than in fear of being dragged before the courts.

Brandon Lewis Portrait Brandon Lewis
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My right hon. Friend makes an important point, from the point of view of veterans. He is absolutely right: most people who went out there served their country to protect life, in quite a contrast to the terrorists in Northern Ireland who went out every day to do harm. It is important that we deal with the issue, so that we do not leave it to another generation, and that we do so before we lose a generation who not only have information but deserve to live their final years in peace.

Jeffrey M Donaldson Portrait Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)
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Every life lost in Northern Ireland matters, and we remember the two very courageous Royal Ulster Constabulary officers murdered in Londonderry 50 years ago tomorrow. As a proud former member of the Ulster Defence Regiment, I want to ensure that whatever proposals the Government bring forward do not create a moral equivalence between the brave men and women who served in our armed forces and the police service and those who took the law into their own hands, engaged in acts of terrorism and sought to bring Northern Ireland to its knees. Will the Secretary of State be clear that there will be no moral equivalence between our armed forces and police and the terrorists of the IRA and other paramilitary groups?

Brandon Lewis Portrait Brandon Lewis
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The right hon. Gentleman makes an important point. I can be very clear, and as a Government we are clear, that we will never accept any moral equivalence between those who upheld the law in Northern Ireland—those who, as I say, went out every day to protect life and to do their service—and those who, from any point of view, went out every morning to destroy life and to destroy Northern Ireland. They must never be allowed to win, and there can be no moral equivalence.

Jeffrey M Donaldson Portrait Sir Jeffrey M. Donaldson
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In bringing forward proposals on dealing with the legacy of our past, can the Secretary of State advise what discussions he has had with the representatives of innocent victims in Northern Ireland, and will he heed the very clear view, right across the community in Northern Ireland, from those innocent victims and their families that what they want out of the process is access to truth and justice? Justice must not be dispensed with.

Brandon Lewis Portrait Brandon Lewis
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The right hon. Gentleman is absolutely right. As we have said from the beginning, it is important that we engage with a wide range of stakeholders. I have done that myself, as have my Ministers. Indeed, in the last week I have been meeting with the very groups that he refers to—victims groups as well as veterans. It is clear that people have waited far too long for information. We also have to be honest with people about what is achievable and the reality of what we can do, bearing in mind the Northern Ireland (Sentences) Act 1998 that followed the Good Friday agreement, decommissioning and other things that have happened since then. We must deliver a process and a structure of investigations and information recovery that helps people to get to the truth, while being clear that, as I have said before, there are so many people who did so much to keep Northern Ireland safe.

Julian Smith Portrait Julian Smith (Skipton and Ripon) (Con)
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3. What steps his Department is taking to support stability in Northern Ireland.

Gavin Robinson Portrait Gavin Robinson (Belfast East) (DUP)
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7. What steps his Department is taking to support stability in Northern Ireland.

Brandon Lewis Portrait Brandon Lewis
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A stable Northern Ireland needs sustainable devolved institutions. We have progressed the Northern Ireland (Ministers, Elections and Petitions of Concern) Bill to that end. Prosperity is another foundation stone of stability. We have been working with the Executive to deliver the city and growth deals, which my hon. Friend the Minister of State, the right hon. Member for Bournemouth West (Conor Burns), is taking forward, and to invest in priority areas such as skills through the new deal for Northern Ireland. We will continue to support stability and co-operation in Northern Ireland throughout this important election year.

Julian Smith Portrait Julian Smith
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We are absolutely right to recall David Cameron’s apology in 2010, and I send my best wishes to the families and the people of Derry/Londonderry. Will the Secretary of State confirm that the measures in New Decade, New Approach to protect sustainability and to keep Stormont running will be put on the statute book at the earliest opportunity?

Brandon Lewis Portrait Brandon Lewis
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Yes, absolutely. That is our focus, and we have been taking this through the House. As my hon. Friend the Minister of State said a short while ago, and no doubt he will be back here talking about it soon, taking this through is important for Northern Ireland and its people, who want a functioning Northern Ireland Executive.

Gavin Robinson Portrait Gavin Robinson
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The right hon. Member for Skipton and Ripon (Julian Smith) brought forward New Decade, New Approach with commitments within it that would guarantee and protect the stability of our institutions. The Secretary of State knows that the commitment to protect the UK’s internal market has not been delivered. He knows that some of the balanced commitments in that document are now being tinkered with, be they on legacy or on language. What steps will he take in the very short term to sincerely protect the institutions?

Brandon Lewis Portrait Brandon Lewis
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On the cultural package, what we agreed to take forward is exactly what was agreed between the parties in New Decade, New Approach itself, and we will continue to look at that. It is important that we deliver on all of New Decade, New Approach. We have the United Kingdom Internal Market Act 2020, which is doing that work and has ensured that trade between GB and NI from the NI side is working in an unfettered way. We said we would bring forward further work to develop and deliver that, which we will do, but it is also important—this is why the work on the Northern Ireland protocol is so important—to ensure the same sort of effect in GB to NI as in NI to GB and that it is working for everyone in Northern Ireland.

Simon Hoare Portrait Simon Hoare (North Dorset) (Con)
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My right hon. Friend knows that the thuggery and criminality of the self-styled paramilitaries add nothing to stability anywhere in Northern Ireland. What further steps can his Department take to disrupt their activity, in particular through unexplained wealth orders?

Brandon Lewis Portrait Brandon Lewis
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We have been making progress in this area. We work in partnership with and support the Northern Ireland Department of Justice in the devolved areas, as well as with the Police Service of Northern Ireland and other partners, who are doing phenomenal work. We have seen real success this year, and in the crackdown over the past 12 to 18 months on criminal gangs. My hon. Friend the Chair of the Select Committee is right: these groups are criminal gangs and should be treated as such. They are nothing more than thugs who threaten people and try to destroy life in Northern Ireland. I support the PSNI and partners in their work to disrupt their activity and bring the people involved to justice.

Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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I associate myself with the Secretary of State’s important words regarding Bloody Sunday. I also pay tribute to the right hon. Member for Skipton and Ripon (Julian Smith) for skilfully negotiating the New Decade, New Approach in the first place. Part of that was legislation on identity, language and culture. When will that package of legislation be introduced?

Brandon Lewis Portrait Brandon Lewis
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We are committed to bringing that forward within the mandate of the period for Stormont, as we said at the time, and that remains our commitment.

Peter Kyle Portrait Peter Kyle
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The statement to the House last June was that we would have it by October last year. There is a theme: we did not get that by October last year; legacy was promised by autumn, then by Christmas, and it is still nowhere to be seen; and then the Secretary of State introduced double-jobbing to Parliament and, within the same week, withdrew it. A question constantly put to me by people in Northern Ireland is, “What’s the point of Brandon Lewis?” Perhaps he can tell us.

Brandon Lewis Portrait Brandon Lewis
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I appreciate that the hon. Gentleman has been over to Northern Ireland once and so is basing his comments on some odd conversation. I find what he just said a bit rich, bearing in mind that he is part of a Labour Front-Bench team who over the past six to nine months have called for us to bring forward dual mandates, then argued against them when we did what we said we would do. They called for us to engage widely on legacy and to take into account what people say; then they complain when we do exactly that. Labour argues that it is a party of the Union, but does not get involved in Northern Ireland and then cannot get its Front Benchers to confirm that it supports the Union for Northern Ireland on live TV. Until Labour decides that it is a party for the Union in Northern Ireland, I will not take any lessons.

Lindsay Hoyle Portrait Mr Speaker
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Come on, we have to get through these questions. I call Theresa Villiers.

Theresa Villiers Portrait Theresa Villiers (Chipping Barnet) (Con)
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The Northern Ireland protocol is clearly causing political instability. Will the Secretary of State agree that it needs replacing, not just a few amendments?

Brandon Lewis Portrait Brandon Lewis
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My right hon. Friend makes an important point. The protocol is not working—that is clear. The feedback we get from businesses across Northern Ireland is that it is not sustainable in its current format. It needs to be dealt with. It needs to be fixed. That is what the Foreign Secretary and I are working on together to ensure we can do that and do well for the people of Northern Ireland.

Owen Thompson Portrait Owen Thompson (Midlothian) (SNP)
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4. What recent assessment he has made of the implications for his policies of trends in the balance of trade between Northern Ireland and (a) Great Britain and (b) the EU.

Joanna Cherry Portrait Joanna Cherry (Edinburgh South West) (SNP)
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9. What recent assessment he has made of the implications for his policies of trends in the balance of trade between Northern Ireland and (a) Great Britain and (b) the EU.

Brandon Lewis Portrait The Secretary of State for Northern Ireland (Brandon Lewis)
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We are committed to boosting trade in Northern Ireland with both the rest of the United Kingdom and the rest of the world. The Northern Ireland protocol has, as I just said, impacted businesses. It is creating barriers to trade and causing disruption. It is the Government’s priority to deal with those issues and make the protocol work better for business. That is essential to ensuring Northern Ireland continues to prosper as part of the Union.

Owen Thompson Portrait Owen Thompson
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Exports from Great Britain to the Republic of Ireland have crashed by more than 20% since Brexit, costing the GB economy more than £3 billion. Meanwhile, Northern Irish exports to the Republic, which are benefiting from still being in the EU market, have soared by 64% in 2021 alone. Does the Secretary of State recognise the overwhelming benefits of being in a market seven times the size of the UK market?

Brandon Lewis Portrait Brandon Lewis
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We are seeing 200-plus businesses in Northern Ireland stopping delivering to customers in Northern Ireland, medicines and drugs having issues and challenges getting to Northern Ireland, consumers having reduced choice on the shelves, and garden centres unable to get the plants and seeds they want from the rest of the UK. That is a farcical situation. It is not sustainable. It is not fair or right for the people of Northern Ireland and it is right that we focus on correcting that.

Joanna Cherry Portrait Joanna Cherry
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I wonder if I could invite the Secretary of State to actually answer the point made by my hon. Friend the Member for Midlothian (Owen Thompson). The most recent quarterly economic survey by the Northern Ireland chamber of commerce shows that 70% of Northern Ireland businesses believe that their unique trading position of being both within the UK and the EU single markets and the customs union presents opportunities for Northern Ireland. Does he agree with the vast majority of businesses in Northern Ireland? If so, why did his Government not fight for remain-voting Scotland to have the same benefits of dual access as Northern Ireland?

Brandon Lewis Portrait Brandon Lewis
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I meet businesses across Northern Ireland representing all sectors of Northern Ireland on a regular basis, as does the Minister of State, Northern Ireland Office, my right hon. Friend the Member for Bournemouth West (Conor Burns). They are very clear: the protocol in its current format is not working. It is not sustainable. The EU offer is not good enough. They are very clear about that. That is something we are determined to fix. The hon. and learned Lady is absolutely right that if the protocol works in the way it was envisaged, it does create opportunities for Northern Ireland. The problem is that the EU’s requirements for implementation are failing Northern Ireland and we need to see that fixed.

Peter Bone Portrait Mr Peter Bone (Wellingborough) (Con)
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The Secretary of State says the Northern Ireland protocol is not working and he is right. Why don’t we scrap it?

Brandon Lewis Portrait Brandon Lewis
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The Foreign Secretary, the Prime Minister and I are absolutely determined to ensure that we resolve the issues for Northern Ireland. We would obviously like to do that in a sustainable and agreed way with the EU. That is the best way to get legal certainty. That is our focus, but we do not rule out anything from the table to deliver for Northern Ireland.

Gareth Bacon Portrait Gareth Bacon (Orpington) (Con)
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Does my right hon. Friend agree that reducing barriers to trade between Northern Ireland and Great Britain is not just desirable, but vital to protecting the integrity of the United Kingdom?

Brandon Lewis Portrait Brandon Lewis
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Yes. My hon. Friend is absolutely right. We need to ensure that consumers and businesses in any part of the UK can access products as they would anywhere else in the UK. That is what we are determined to deliver, and that is where our focus and work is.

Richard Thomson Portrait Richard Thomson (Gordon) (SNP)
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I take this opportunity to associate my party with the Secretary of State’s remarks about the anniversary of Bloody Sunday. Our thoughts are very much with those who continue to grieve and who continue to be affected to this day.

When it comes to trade, the Government have not so much been ambushed by cake as by reality. While the Northern Ireland economy is thriving as part of the single market, the economy of the UK is labouring. Should the UK Government not, with the opportunities presented by the possibility of a change in Prime Minister, realign Great Britain with Northern Ireland in the single market and allow businesses across these islands to flourish?

Brandon Lewis Portrait Brandon Lewis
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I encourage the hon. Gentleman to do a little more research. It is very good news that the Northern Ireland economy is moving forward, as is the whole UK economy. Of course, in Northern Ireland there are more factors, not least the scale of the public sector compared with anywhere else in the UK. However, it is also true that the UK is moving forward as one of the fastest-growing economies in the G7, if not the fastest, with employment going up from where it was even before covid. That is because the Government are focused on delivering for people across the United Kingdom. I am sure he understands why, as a Unionist, I support that. He should too.

Andrew Lewer Portrait Andrew Lewer (Northampton South) (Con)
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5. What plans his Department has to celebrate the platinum jubilee of Her Majesty the Queen.

--- Later in debate ---
Stephen Farry Portrait Stephen Farry (North Down) (Alliance)
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6. What engagement the Government has had with Northern Ireland businesses on the Northern Ireland protocol since 1 January 2022.

Brandon Lewis Portrait The Secretary of State for Northern Ireland (Brandon Lewis)
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My engagement with the Northern Ireland business community is extensive. Just this week I have been in Northern Ireland engaging directly with businesses, as I do every week, to discuss the impacts of the protocol as well as any wider concerns or issues.

Stephen Farry Portrait Stephen Farry
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The Government published their Command Paper last July, the European Union published four papers last October, and I understand that the Government have tabled a revised legal text in the negotiations. Does the Secretary of State recognise that there is a desire among businesses in Northern Ireland for much greater transparency around the UK Government’s negotiating objectives?

Brandon Lewis Portrait Brandon Lewis
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We have been very transparent and clear with businesses. The Minister for Europe and I, and indeed the Foreign Secretary, have met and engaged with businesses, as we will be doing tomorrow, and outlined exactly what our objectives are: to deliver what businesses in Northern Ireland want, which is to rectify the problems that are hampering businesses in Northern Ireland. We need to correct the protocol, and the EU needs to show some flexibility to make that work.

Lindsay Hoyle Portrait Mr Speaker
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We come to the shadow Minister for a final question.

Tonia Antoniazzi Portrait Tonia Antoniazzi (Gower) (Lab)
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When it comes to negotiations with the European Union, this Government told us that we could have our cake and eat it, but we face a harsh reality: a Prime Minister ambushed by cake while businesses in Northern Ireland are crying out for certainty. When will the Government finally bake off and deliver a veterinary agreement?

Brandon Lewis Portrait Brandon Lewis
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I will ignore the cakeism directed from the Opposition Front Bench and just say that it is good to see the hon. Lady finally supporting the UK Government, which Labour has failed to do while we are focused on delivering for Northern Ireland, rectifying the protocol and fixing the problem. Get on board!

Lindsay Hoyle Portrait Mr Speaker
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Before we come to Prime Minister’s questions, I would like to point out that the British Sign Language interpretation of proceedings is available to watch on parliamentlive.tv.

Petition of Concern Mechanism: Northern Ireland Assembly

Brandon Lewis Excerpts
Thursday 20th January 2022

(2 years, 3 months ago)

Written Statements
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Brandon Lewis Portrait The Secretary of State for Northern Ireland (Brandon Lewis)
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I am today laying before both Houses of Parliament the fourth report by the UK Government on the use of the petition of concern mechanism in the Northern Ireland Assembly.

As part of the New Decade, New Approach deal upon which devolved Government was restored in Northern Ireland on 11 January 2020, the UK Government committed to undertaking such a report every six months.

This report covers the period from 12 July 2021 to 11 January 2022 during which no petition of concern has been lodged against any motion in the Assembly.

The fact that there have been no uses of petitions of concern since the restoration of the political institutions is a positive reflection of the conduct of business within the Assembly. However, I want to take this opportunity to reinforce the importance of a stable, mature, functioning Executive and Assembly that is focused on addressing the issues that really matter to daily lives.

The UK Government are standing by their commitment to bring forward legislation that provides the necessary reforms to the petition of concern mechanism. The Northern Ireland (Ministers, Elections and Petitions Of Concern) Bill has completed report stage in the House of Lords. Once this legislation has completed its passage through Parliament and received Royal Assent, it is crucial that the Assembly reflects the detail of these reforms in its Standing Orders to ensure the full implementation of these aspects of the New Decade, New Approach deal.

This is the final report of this Assembly mandate under the UK Government’s commitment to report on the use of the petition of concern. As there have been no uses of the petition of concern mechanism since the restoration of the Northern Ireland Assembly, we conclude that no further reform is necessary at this time.

[HCWS550]

Independent Reporting Commission: Fourth Substantiveusb Report

Brandon Lewis Excerpts
Tuesday 7th December 2021

(2 years, 4 months ago)

Written Statements
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Brandon Lewis Portrait The Secretary of State for Northern Ireland (Brandon Lewis)
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I have received the fourth substantive report from the Independent Reporting Commission (IRC).



The IRC emanated from the Fresh Start Agreement of November 2015. That agreement set out the Northern Ireland Executive’s commitments around tackling paramilitary activity and associated criminality, and led to a programme of work to deliver a Northern Ireland Executive action plan containing 43 recommendations.



The New Decade, New Approach Agreement, in January 2020, included a commitment to ongoing work to tackle paramilitarism and, earlier this year, it was agreed that a second phase of the programme of work to tackle paramilitary activity would run until March 2024.



This fourth substantive report builds on the work already undertaken by the Commissioners and highlights the ongoing challenge of paramilitarism, and reminds us of the important work still to be done.



I would like to thank the commissioners for their work, particularly in delivering this year’s report in the midst of the covid-19 pandemic.

[HCWS448]

Oral Answers to Questions

Brandon Lewis Excerpts
Wednesday 27th October 2021

(2 years, 6 months ago)

Commons Chamber
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Carol Monaghan Portrait Carol Monaghan (Glasgow North West) (SNP)
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1. What progress the Government have made on negotiating a permanent settlement on the Northern Ireland protocol with the EU.

Brandon Lewis Portrait The Secretary of State for Northern Ireland (Brandon Lewis)
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We have been in discussions with the EU since the publishing of the EU’s proposals on 13 October in response to our Command Paper from July. We are seeking to understand the detail of some of the headline claims that the EU has made on issues such as sanitary and phytosanitary measures and customs checks. We continue to work closely with the EU and are hopeful that we will be able to bridge any gaps between our positions.

Carol Monaghan Portrait Carol Monaghan
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The law firm Carson McDowell has said that not one business has raised concerns about the European Court of Justice or its role as the court of ultimate appeal under the Northern Ireland protocol, so why are the UK Government prioritising a Brexit purity issue as their key demand in negotiations with the EU when it is completely immaterial to businesses in Northern Ireland?

Brandon Lewis Portrait Brandon Lewis
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Actually, a whole range of businesses and business groups, as they are working through the detail of the EU’s proposals, have concerns about whether they cover enough to deal with the issues in Northern Ireland. That is why it is important that we have these negotiations. For us, it is also important, and ultimately important for business, to ensure that the mechanism to deal with any issues is one that is licensed there and more traditional in international agreements and transactions. The role of the ECJ, as we have seen already this year, does not provide that, and ultimately, therefore, does not provide stability for Northern Ireland businesses or indeed the political structure of Stormont. It is therefore important that we make sure that that is resolved to have a proper working solution.

Louise Haigh Portrait Louise Haigh (Sheffield, Heeley) (Lab)
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Why has Brussels seen the legal text on the changes that the Government want to make to the protocol but the democratic leaders of Northern Ireland are still completely in the dark? Will the Secretary of State urgently share that text with them?

Brandon Lewis Portrait Brandon Lewis
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This is a legal text we have shared with the EU, as we did with the papers we published earlier this year, which sadly we did not have too much feedback from the EU about. This is about engaging with the EU in a confidential manner to allow the space for these private negotiations and discussions to go ahead. It is right that we do that and do those negotiations in a proper, business-like way.

Louise Haigh Portrait Louise Haigh
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It is quite important that we have feedback from Northern Ireland as well. Not only will the Secretary of State not share that text with those I mentioned, but politicians, communities and businesses in Northern Ireland are completely excluded from the negotiations. Does he accept that it is not sustainable for a Secretary of State to say to the people of Northern Ireland, “We have decided what is best for you—take it or leave it”? Will he therefore move the talks to Belfast and give Northern Ireland’s politicians a seat at the table?

Brandon Lewis Portrait Brandon Lewis
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I am happy to let the hon. Lady know that the reality of what is happening is quite different from what she outlined. The politicians in Northern Ireland are involved, and not just here in this House: only yesterday Lord Frost and I engaged with both the First Minister and Deputy First Minister, as we are doing on a regular, pretty much weekly, basis. We have also engaged with businesses all the way through, via the Business Engagement Forum—indeed, I met business representatives on Friday last week—so that they, and civic society, are fully involved with feeding into the negotiations, which of course, absolutely, are quite rightly between the UK Government and the EU.

Jeffrey M Donaldson Portrait Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)
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Does the Secretary of State agree that we need to see the removal of the Irish sea border on the movement of goods within the UK internal market between Great Britain and Northern Ireland, and that tinkering around the edges of the protocol without removing these unnecessary checks and impediments to trade within the United Kingdom is totally unacceptable?

Brandon Lewis Portrait Brandon Lewis
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I agree with the right hon. Gentleman; he is absolutely right. This is a point about consistency. We need to ensure that we have that free movement of goods—that goods are moving from Great Britain across to Northern Ireland for use and consumption in Northern Ireland—recognising also that we have a responsibility about goods moving into the EU. We are determined to deliver that. Sadly, the Opposition have been quite clear previously that they are happy to see a border between Great Britain and Northern Ireland. We are absolutely categorical about the fact that we want to ensure that goods can move freely and goods that are being consumed and used by the people of Northern Ireland can reach them in good order and in good time, as they should do and as we are determined to see happen.

Jeffrey M Donaldson Portrait Sir Jeffrey M. Donaldson
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I thank the Secretary of State for that answer. Does he also agree that in addition to resolving the trading issues and removing the Irish sea border, he and the Government need to pursue the full restoration of article 6 of the Acts of Union, which makes it very clear that there should be no barriers to trade within the United Kingdom and that there should be respect to the principle of consent, which is at the heart of the Belfast agreement?

Brandon Lewis Portrait Brandon Lewis
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The right hon. Gentleman will, I know, be aware that this issue is subject to legal proceedings, so I hope he will excuse me being relatively brief in my reply. I reiterate our commitment in the Command Paper that we need to remove the burden on trade and goods with the UK and to ensure that businesses and consumers in Northern Ireland can continue to have full and normal access to goods from the rest of the UK. It is also worth colleagues across this House remembering that not only does New Decade, New Approach ensure that we have that full internal market in the UK, but the protocol that was agreed, in its principles, is very clear that it would not only not disrupt the everyday lives of people in their communities in Northern Ireland, as is currently a problem, but will respect the internal market of the United Kingdom. We are determined to deliver on that objective.

Richard Thomson Portrait Richard Thomson (Gordon) (SNP)
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Lord Frost recently said that there could be “no role” for the European Court of Justice in arbitrating disputes around the protocol. If that genuinely now represents the view of the UK Government, in contrast to when they negotiated and signed that protocol, can the Secretary of State tell the House how he would prefer to see disputes arising from the protocol arbitrated and settled? If he cannot share the text with politicians in Northern Ireland or in this House, can he at least give us a clue about what the outline of such a solution might be?

Brandon Lewis Portrait Brandon Lewis
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As the hon. Gentleman may be aware, there are different mechanisms for arbitration where there are disagreements between parties about things that have been agreed in international arrangements, including the withdrawal agreement itself. Those are working very well. What we have seen this year is how the EU has used the ECJ, even with the infraction proceedings around the processes we had to take forward in March to ensure that we could continue to get goods to Northern Ireland. It shows a very one-sided approach to this matter. It does not work, including for the stability for the Northern Ireland, and it is right we correct that. We have outlined that in the Command Paper, and that is part of the negotiations we will be having with the EU.

Andrew Jones Portrait Andrew Jones (Harrogate and Knaresborough) (Con)
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2. What recent discussions he has had with Cabinet colleagues on the implementation of the Northern Ireland protocol.

Brandon Lewis Portrait The Secretary of State for Northern Ireland (Brandon Lewis)
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I meet regularly with Cabinet colleagues to discuss Northern Ireland-related matters, including issues surrounding the Northern Ireland protocol, where it is vital that we find more productive and sustainable arrangements to deliver more effectively on the protocol’s objectives. It is worth remembering that it is clear that the protocol should protect the integral place of Northern Ireland in the UK’s internal market, minimise the impact on the lives of citizens, maintain the necessary conditions for north/south co-operation, and, importantly, protect the Belfast/Good Friday agreement in all its strands.

Andrew Jones Portrait Andrew Jones
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There are high volumes of trade between businesses in Northern Ireland and Yorkshire, including in Harrogate and Knaresborough. Many different business sectors are involved, but food and drink is particularly prominent, and I have had concerning reports of excess bureaucracy affecting trade. What steps is my right hon. Friend taking to ensure that business and trade flows as smoothly as possible?

Brandon Lewis Portrait Brandon Lewis
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My hon. Friend makes an important point that has been echoed by the business community, the hospitality industry and the food and drink industry in Northern Ireland, even just late last week. It is something we need to resolve. That is why it is important we continue the work, as part of the discussions we are having with the EU, to deliver on what we set out in our July Command Paper as a way to resolve the issues over the protocol.

Sammy Wilson Portrait Sammy Wilson (East Antrim) (DUP)
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The Northern Ireland protocol is still causing significant damage in Northern Ireland and great anger for those who are impacted by it. Whether Ministers want to believe it or not, we are heading towards a constitutional crisis in Northern Ireland if the issue is not resolved. Does the Minister accept that the only reason we have checks and a debate about the European Court of Justice having a role in Northern Ireland is because Northern Ireland is now subject to EU law? Unless that issue is dealt with, the Northern Ireland protocol problems will not be resolved.

Brandon Lewis Portrait Brandon Lewis
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The right hon. Gentleman makes an important point, further highlighting the issues around the European Court of Justice. At present, we have a system where EU laws are imposed on Northern Ireland without the consent of anyone in Northern Ireland—he is absolutely right. The challenges and disputes about these laws are also settled in the Court, only one of the two signatory parties to the protocol, and that obviously came before the wider trade agreement. The CJEU sits at the apex of the system. In addition to causing an imbalance in the equilibrium of east-west and north-south arrangements, we believe the oversight is not necessary. To preserve the structure and the gains that we have seen through the peace process of 23 years in Northern Ireland, we believe they must be replaced by something much more in keeping with the intentions of the Belfast/Good Friday agreement and traditional international trade agreements.

Simon Jupp Portrait Simon Jupp (East Devon) (Con)
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3. What steps his Department is taking to address the legacy of the Troubles.

Dan Jarvis Portrait Dan Jarvis (Barnsley Central) (Lab)
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4. What plans he has to bring forward legislative proposals to address Northern Ireland legacy issues. [R]

Brandon Lewis Portrait The Secretary of State for Northern Ireland (Brandon Lewis)
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The Government will bring forward legislation to address the Northern Ireland legacy issues very soon, focusing on information recovery and reconciliation.

Simon Jupp Portrait Simon Jupp
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East Devon is home to many veterans who proudly served their country, risking everything while following orders. Can my right hon. Friend assure me that in his forthcoming legislation, we will stand by our promise to end vexatious claims against those who served in Northern Ireland?

Brandon Lewis Portrait Brandon Lewis
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The Government are absolutely committed to fulfilling their manifesto commitments to provide certainty to the many veterans who served courageously to defend the rule of law during the long years of the troubles. I can give my hon. Friend and his constituents the reassurance that we will deliver on our manifesto pledge, but we are also clear that this is about ensuring that we are addressing the needs of victims and veterans at the same time.

Dan Jarvis Portrait Dan Jarvis
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I offer my sympathies to the families of Dennis Hutchings and John Pat Cunningham during what must be an incredibly difficult period for them. The last time I raised the forthcoming Bill, I was told that veterans were being consulted. The Secretary of State will therefore be aware that a range of views are held, including in Northern Ireland where many oppose a blanket amnesty. Will he commit to continued close engagement with veterans to fully understand the views of those who served?

Brandon Lewis Portrait Brandon Lewis
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I join the hon. Gentleman in offering my condolences and thoughts to those families. As in the rest of our engagement, we have heard a range of views from across the community, particularly on that side of the discussion from the veterans community. We are considering that carefully.

We have always been clear that dealing with the past in Northern Ireland must equally address the needs of victims and veterans. I am happy to restate the answer that I gave the hon. Gentleman previously and say that we will continue to engage closely with veterans groups across Great Britain and Northern Ireland as we seek to bring in legislation to address those important, complex and sensitive issues.

Mark Francois Portrait Mr Mark Francois (Rayleigh and Wickford) (Con)
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After more than four years, two general election manifestos and a hand-signed promise in The Sun newspaper from the Prime Minister, the Secretary of State has delivered nothing. My question is very straightforward: “Where is your Bill, Brandon?”

Brandon Lewis Portrait Brandon Lewis
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I appreciate that my right hon. Friend has campaigned on the issue for a long time and he has been forthright in his determination to deliver for the veterans community. We set out our Command Paper in July just before the summer recess. As we said we would, we have been engaging with interested parties in the past couple of months, including not just the veterans community but victims, civic society and, more widely, the political parties in Northern Ireland. As we said in the Command Paper, we are still focused on delivering legislation to the House this autumn.

Tony Lloyd Portrait Tony Lloyd (Rochdale) (Lab)
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Can the Secretary of State tell the House clearly which of the groups representing the families of victims that he has met have agreed with his proposals?

Brandon Lewis Portrait Brandon Lewis
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As I said when I launched the Command Paper, we appreciate that it is a very sensitive and complex issue that will affect a huge range of people. We have had wide engagement across victims groups and with victims who are not represented by groups. We are taking on that feedback at the moment and we will come forward with proposals very soon.

Sarah Atherton Portrait Sarah Atherton (Wrexham) (Con)
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My constituent Edward Vaughan-Jones’ brother Robert, 2 Para, died at Warrenpoint in 1979. Some 42 years later, the family’s wounds have not healed due to repeated investigations and a lack of conclusion. Can my right hon. Friend outline when Mr Vaughan-Jones will receive a conclusive report on his brother’s death so that he can finally have some sense of closure?

Brandon Lewis Portrait Brandon Lewis
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My deepest sympathies are with Mr Vaughan-Jones and the many other families who have waited far too long to get answers about the circumstances of their loved ones’ deaths. We are determined that part of the process of information recovery will mean that families get the answers that they have not had. They have waited far too long and we need to resolve that issue soon.

Patricia Gibson Portrait Patricia Gibson (North Ayrshire and Arran) (SNP)
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5. What recent assessment his Department has made of the impact of the (a) UK leaving the EU and (b) Northern Ireland protocol on the haulage industry in Northern Ireland.

Brandon Lewis Portrait The Secretary of State for Northern Ireland (Brandon Lewis)
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Many of the same supply chain issues experienced in Northern Ireland are seen across the United Kingdom. We are seeing a shortage of HGV drivers across all supply chains. The Government have introduced a range of solutions to ease the pressures across the UK. We are separately in intensive discussions with the European Union to find solutions to the current issues that are being caused by how the protocol is being applied. The haulage sector has been impacted and we continue to engage with it to understand the issues it is facing to ensure that the work we do with the EU gets a resolution that works for it.

Patricia Gibson Portrait Patricia Gibson
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Logistics UK, which represents 400 haulage operators in Northern Ireland and is responsible for 90% of goods transferred across the Irish sea, welcomed the EU’s proposals to improve the Northern Ireland protocol as a “leap of faith” and a positive step. Why have the UK Government refused to accept those proposals and instead insisted on sinking the negotiations with ideological demands rather than practical considerations?

Brandon Lewis Portrait Brandon Lewis
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Again, I am afraid that I need to correct the hon. Lady’s misunderstanding of the situation. I met representatives of the haulage association on Friday who are clear that having looked at the details of the EU proposal, it does not work and it is not enough. They are much more focused on what we outlined in the Command Paper. We need to resolve those issues and I hope that, in the conversation with the EU—it has moved, which we welcome—we will get enough movement to deal with the issues that have been raised by the haulage industry, even those raised on Friday of last week.

James Daly Portrait James Daly (Bury North) (Con)
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6. What steps the Government are taking to create jobs and attract investment in Northern Ireland.

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Brandon Lewis Portrait The Secretary of State for Northern Ireland (Brandon Lewis)
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I continue to work closely with the whole of the Executive and the political party leaders on the issues that matter most to the people of Northern Ireland. Obviously, the promise of the Belfast/Good Friday agreement for devolved government locally accountable to the people of Northern Ireland must never be forgotten and is hugely important in making sure we deliver on the promise of a stable and genuinely co-operative Executive, built on respectful relationships and trust. That is where stability comes from and that is what I hope to see continue in Northern Ireland.

Liz Twist Portrait Liz Twist
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Threats to collapse the Assembly hang over Northern Ireland and the Secretary of State is sleepwalking towards a political crisis. Key safeguards have still not reached the statute book 22 months on. Northern Ireland simply cannot afford this, so will the Secretary of State fast track the legislation through the House of Lords and commit to passing it in the coming weeks so there is at least a caretaker Executive in place?

Brandon Lewis Portrait Brandon Lewis
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It was disappointing in the summer when one of the political parties tried to bring down Stormont with various threats about what it was going to do. At the moment it is important that we see stability at Stormont. We had the legislation yesterday in the Chamber and I am sad the hon. Lady was unable to join us on something she clearly cares about. It is important that we see stability there, working with all the parties and making sure they are delivering on what the people of Northern Ireland care about. That has to be the main focus and the legislation going through the House at the moment will help with that, but the way we keep stability at Stormont is around not legislation in Westminster but the political parties at Stormont focusing on working together to reform education, healthcare and the other issues that matter for the people in Northern Ireland.

Colum Eastwood Portrait Colum Eastwood (Foyle) (SDLP)
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9. What progress the Government are making on implementing the commitments set out in the New Decade, New Approach agreement.

Brandon Lewis Portrait The Secretary of State for Northern Ireland (Brandon Lewis)
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I beg to move, That the Bill be now read the Third time.

In doing so, I acknowledge the hard work that has got us to this point. I pay tribute to former Secretaries of State for their role in supporting institutions in Northern Ireland during the most recent collapse. As this is the first time I have been at the Dispatch Box since the sad news, I pay particular tribute to James Brokenshire. [Hon. Members: “Hear, hear.”] Absolutely; I appreciate the comments from across the House. Both as a friend I have known for just over two decades, and in his role as Secretary of State for Northern Ireland, he showed truly admirable dedication to the people he represented, to colleagues and to friends, and dedication and commitment to the people of Northern Ireland.

I also want to thank hon. Members from all political parties who participated in debating the merits of the Bill. In particular, I thank the shadow Secretary of State for Northern Ireland, the hon. Member for Sheffield, Heeley (Louise Haigh), and the shadow Minister, the hon. Member for Pontypridd (Alex Davies-Jones), for their diligent scrutiny efforts and broad support for the measures set out in this Bill, and for their comments today.

I also express my thanks to colleagues in the Northern Ireland Assembly, the Northern Ireland Executive and the Office of the Speaker of the Assembly, and to those who represent Northern Ireland constituencies in this House, all of whom have contributed to and been part of the work that has led to today, and the negotiations on New Decade, New Approach.

I acknowledge the hard-working civil servants, here in Whitehall and in Belfast. Not only did they support the successful negotiation of the New Decade, New Approach agreement, but they have since helped the progress of the Bill and continually help to deliver on the fundamental commitments made by this Government within that deal—including, I have no doubt, some very late nights supporting my colleague and right hon. Friend the Member for Skipton and Ripon (Julian Smith), who would have put in those hours of effort in the lead-up to the final agreement of this Bill. I say a huge thank you to everyone who has been involved.

I reaffirm our view that our Union is strongest when its institutions work well, work together and deliver real change on the issues that matter, as colleagues have mentioned today. For Northern Ireland, that means properly functioning institutions, both in Stormont and Westminster, that allow Stormont to focus on the core issues that, as colleagues across parties have said today, must be focused on. To have one third of the population on a waiting list is not good enough for the Northern Ireland health service. Some 23 years since the Good Friday agreement, only to have approximately 7% of the population benefiting from integrated education is not good enough for the people of Northern Ireland, and we must move further on that together.

The Bill is a focused Bill. It will deliver necessary and well overdue reforms to strengthen the sustainability of institutions in Northern Ireland, update the ministerial code of conduct and reform the petition-of-concern mechanism. These measures, as my right hon. Friend the Minister of State has outlined, were all agreed by the main political parties in Northern Ireland when the Executive were restored, and it would be remiss of us to begin to tweak and change the details here in Westminster without further agreement from the parties. I am confident that those in the Executive and the Assembly will continue to work in the same good faith in which the measures were negotiated, as we in Parliament will; I will come back in a few moments to comments made on that point.

For those reasons, the House should support the Bill’s Third Reading. UK Governments of all colours and types have worked to maintain peace and encourage political stability in Northern Ireland over the decades. I am grateful to the Opposition for welcoming the Bill and the New Decade, New Approach agreement.

The Government accept, however, that this is just one piece of the jigsaw. The positive difference that a restored Executive have made to the people of Northern Ireland is clear to see, despite the great challenges that we have all had as a result of covid-19—particularly as the Executive were restored just days before the covid pressure came upon us all. The past 18 months have demonstrated that a power-sharing Executive can work together under the hardest of circumstances to find compromise and act in the shared interests of all communities in Northern Ireland. The Bill can only empower their capability in that respect.

The Government have listened to and are grateful for all contributions made by Members of this House. I appreciate that it is frustrating for some Members that we have been unable to accept non-Government amendments, despite the great intentions behind them, some of which have been outlined today. That is because many go beyond what was agreed in New Decade, New Approach, although I note the comment from the hon. Member for North Down (Stephen Farry) that we are now two years on and that there are some things in New Decade, New Approach that, as time moves on and we learn more, we need to look at.

But my right hon. Friend the Member for Skipton and Ripon is right: we need to focus on delivering what was agreed. As co-guarantors of New Decade, New Approach, we have a duty to ensure that, for all people in Northern Ireland, the measures are delivered as they were agreed upon by the main parties.

Members of this Chamber have expressed eagerness for the delivery of further commitments made under the New Decade, New Approach agreement and will be glad to hear that we have made good progress. For example, we have appointed the Northern Ireland Veterans Commissioner; introduced legislation to further enshrine the armed forces covenant in law; published reports on the use of the petition-of-concern mechanism in the Assembly; contributed to the creation of a new Northern Ireland graduate entry medical school in Derry/Londonderry, which I agree we want to see developed further; and supplemented the new deal for Northern Ireland’s £400 million fund to promote Northern Ireland as a cyber security hub, to name just a few things.

There is more to come. We have made commitments to ensure that areas that were committed to be delivered within the mandate for Stormont will be delivered; a cultural package is part of that, and we will do that. We are proud of the progress made thus far. The UK Government are committed to ensuring that New Decade, New Approach is delivered in full. I reassure hon. Members that further progress will be made in due course.

Both for the Executive and for us, covid has meant decisions being made, and pressure being put on legislative time, on decisions and on work done—we all understand that. As we move out of covid, we want to move quickly and get things done, and I hope that the Executive will be doing the same.

Simon Hoare Portrait Simon Hoare
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May I go back to the cultural package? I think the House’s understanding is very clear as to how my right hon. Friend envisages dealing with the matter. However, is he able to say a little more, not so much about what it might be called as about when we might actually see it, if indeed this place needs to see it—or is it his expectation that Stormont will deliver it?

Brandon Lewis Portrait Brandon Lewis
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My hon. Friend the Chair of the Northern Ireland Affairs Committee highlights an important point. It is still technically possible for the Executive to start a procedure that would allow the package to be delivered within the mandate, which has always been the intent, the focus and the desire for those involved in New Decade, New Approach. As I have said, we are very clear that, if it becomes clear that the Executive are unable to do that, or are not moving it forward, we will bring forward legislation to deliver the cultural package as set out in NDNA—no more, but no less. We will do that; I will not go further than that at the moment.

The purpose of the Bill is to implement what was agreed by all parties in the New Decade, New Approach deal. During the passage of the Bill, including this afternoon, there has been sensible, interesting and well-argued debate on the wider institutions and options in Northern Ireland. I look forward to seeing discussions continue among the Northern Ireland parties and to engaging on these matters with them and with colleagues here, as well as to following discussions in the other place, as the hon. Member for North Down rightly outlined.

Stephen Farry Portrait Stephen Farry
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Could the Secretary of State go slightly further and give an assurance that, if the House of Lords considers potential further reforms, and if soundings from the Northern Ireland political parties show consensus in relation to them, the Government will be open-minded about legislating—either in the Bill, which may be the most obvious opportunity, or in other legislation—to put them into effect, particularly ahead of the next Assembly election?

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Brandon Lewis Portrait Brandon Lewis
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I am always open-minded about listening to ideas and options, particularly for things that come together on which there is agreement between the parties. As others, including my right hon. Friend the Minister of State, have said, the important point is about New Decade, New Approach: the issues that we have dealt with in the Bill were agreed, negotiated and discussed among all the parties in Northern Ireland. We need to see those discussions continuing. If there are things on which all parties agree and on which Westminster is required to legislate, I am very open-minded about looking at them, but there needs to be a discussion that has support in Northern Ireland widely and across the Executive.

We will continue to work closely with the Opposition, the Executive and the parties in Northern Ireland to deliver on the wider promises of our New Decade, New Approach agreement and its commitments for the people of Northern Ireland, including ensuring that we are levelling up as we build back better across the whole United Kingdom. We are resolute—I will continue to be personally resolute and determined—in promoting Northern Ireland’s place in the world, its opportunity and its integral place in and importance to the United Kingdom. In doing so, we will ensure that, with New Decade, New Approach and its commitments, we deliver for all people in Northern Ireland, through New Decade, New Approach and beyond. I commend the Bill to the House.

None Portrait Several hon. Members rose—
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Alex Davies-Jones Portrait Alex Davies-Jones
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Labour helped to secure the precious Belfast/Good Friday agreement, and it remains one of our proudest political legacies. We therefore welcome attempts to safeguard power sharing and improve the sustainability of the Executive, the Assembly and the institutions, which collapsed following a political crisis and took three years to restart.

In Committee and on Report, we outlined at length our concerns about some of the flaws that we saw in the Bill and sought to correct. It is disappointing that those concerns have not been taken on board, particularly as they are likely to be tested sooner or later.

The instability in recent months has been unsettling for all of us who cherish the Good Friday agreement and who believe that its institutions and the principles that underpin it represent the best way forward for Northern Ireland. As ever, that instability has been most keenly felt by the people of Northern Ireland.

Power sharing is the scaffolding of peace. Without it, the Good Friday agreement is fundamentally undermined. It is integral to the trust that communities have in the post-Good Friday agreement landscape, and it underpins the devolution of the powers contained in it. We should not forget the evidence given by Jon Tonge, who reminded us that devolution of power remains overwhelmingly popular: he said that when voters have been asked “What is your preferred mode of governance?”,

“direct rule has never come above 15% as a preferred option. Devolved power sharing is overwhelmingly a preferred option that comes back from…surveys”.––[Official Report, Northern Ireland (Ministers, Elections and Petitions of Concern) Public Bill Committee, 29 June 2021; c. 7, Q5.]

People in Northern Ireland are emerging from one of the most profound health crises that it has ever faced. A third of the entire population are languishing on health waiting lists, nearly 300 children are without a post-primary place for next year’s term and people are recovering from the deepest recession on record. In that scenario, it is unthinkable not to have a functioning Executive. For all political leaders in Northern Ireland, that must be the priority in the coming days and weeks.

It is partly for that reason that the Labour party supports the Bill, but our broader concern relates to the time it has taken to bring the Bill to this stage. We strongly urge the Government to look at how they can fast-track the remainder of its passage. It has now been 22 months since they agreed to implement this legislation to preserve power sharing, and we fear that they are sleepwalking towards a political crisis.

It is also disgraceful that the Secretary of State previously said that we would expect a cultural package and an Irish language Act by the end of October 2021—

Brandon Lewis Portrait Brandon Lewis
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Just to be very clear—the hon. Lady should look back at the record—we have always said that we will deliver a cultural package. There has never been discussion of an Irish language Act; that is not what is in NDNA. It is a cultural package. It is important that the Opposition get their facts right.

Alex Davies-Jones Portrait Alex Davies-Jones
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The House was promised the commissioning of an Irish language Act by the end of October 2021. That is where we are now, and it is nowhere to be seen. The Secretary of State’s refusal to give a date is a disgrace, and a betrayal of the people of Northern Ireland.

This legislation has simply come too late to address the current political instability in Northern Ireland. Given the political crisis there, and the ongoing warnings about the collapse of the Executive, Labour pushed for amendments to ensure that it was implemented without delay. As it stands, even if it were passed before Christmas there would still be a months-long commencement clause, leaving it highly unlikely to be in force to prevent instability in the coming months. We would like to hear a firm commitment from the Secretary of State to fast-tracking it through the House of Lords, and a clear timetable for it being enacted. We cannot wait months when we may have weeks. Will the Secretary of State address that? If so, we will work with him to ensure that the Bill is on the statute book within weeks.

The instability that the Bill in part attempts to address has not emerged out of thin air, and I fear that the delay in bringing it forward is symptomatic of the Government’s approach to Northern Ireland. Too often over the past decade, Northern Ireland has been an afterthought here. As the consequences of decisions taken by Ministers have played out in Northern Ireland, the Government have frequently behaved as though they had found themselves at the scene of an accident entirely beyond their control. Too often, Northern Ireland has been overlooked and the work to deliver on the promise of peace has been allowed to stall.

It would be foolish to assume that the provisions of the Bill alone can guarantee stability; they cannot. To do that, Ministers must address the effects of their own actions, which have shaken faith in Northern Ireland. Progress has stalled and instability has grown. The Belfast/Good Friday agreement has been treated as a crisis management tool, rather than as the vehicle through which lives and communities can be transformed.

Although Labour supports the Bill, we believe that there are several missed opportunities for the Government to refocus on delivering on the promise of peace, which they have allowed to stall. A Bill of Rights, integrated education and housing, women’s rights and giving communities a real say in decision making were the essence of the Good Friday agreement and the shared future that it imagined, but progress on them has been virtually non-existent over the past decade. We do not believe that the instability we see can be separated from the failure to deliver on such commitments. Above all, the way to guarantee stability is to demonstrate that commitments made will be honoured, and that Westminster is still prepared to step up and honour our side of the bargain.

I reiterate our support for the limited measures in the Bill and ask the Secretary of State to speed up the timetable as a matter of urgency, but I wish to make it clear that this is only a start: there is much, much more work to be done.

--- Later in debate ---
Brandon Lewis Portrait Brandon Lewis
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With the leave of the House, I shall briefly sum up. I again thank all colleagues in the House. We have seen throughout today’s discussions, both on Report and on Third Reading, a good, wide range of subjects covered. To build on the point made by the Minister of State, some of those points were about the Bill, which relates to the New Decade, New Approach deal, and I want to touch on them.

As was welcomed when we started deliberations on the Bill, it is the first Bill relating to Northern Ireland that the House has had a chance to consider without operating under emergency processes for some time. As we have seen, we have had a chance to have a good, wide discussion about the issues in the Bill. That is a good thing and has allowed people the opportunity to air and talk about issues that go beyond what was agreed in New Decade, New Approach. As I said earlier, I look forward to continuing those discussions and seeing whether we can find some agreement across all the parties in the Executive to move things forward together.

I say gently to those colleagues who have raised issues as things to be amended today—I make this point to the Opposition Front-Bench spokesperson, the hon. Member for Pontypridd (Alex Davies-Jones)—that when we talk about making sure that we work through consensus and move things forward together in Northern Ireland, that means having all the parties come to an agreement, not just rushing into doing things today. It is right that we have these discussions.

On the package and questions raised by the Chair of the Select Committee, my hon. Friend the Member for North Dorset (Simon Hoare), and others, it is disappointing to see the Opposition, in a well-informed debate that has been good and well-mannered in large part, looking to play politics around these issues. Let us be clear that the cultural package will include a new office for identity and cultural expression, to promote cultural pluralism and inclusion across all identities and cultures, alongside commissioners to protect and enhance the Irish language and develop the language, arts and literature with the Ulster Scots and Ulster British tradition in Northern Ireland. We have already been making progress on those things. When the hon. Member for Pontypridd speaks at the Dispatch Box, she may want to make sure that she has done some research. To help her out, I suggest that she looks back to the written ministerial statement from 21 June, because our position is still as per that statement and we will still be seeking to deliver that, as we promised we would, if the Executive themselves cannot take it forward.

Alex Davies-Jones Portrait Alex Davies-Jones
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Will the Secretary of State give way?

Brandon Lewis Portrait Brandon Lewis
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No—the hon. Lady spoke earlier.

We have already delivered £2 million-worth of a funding package announced earlier this year, including for Northern Ireland Screen’s Irish language broadcast fund and the Ulster-Scots broadcast fund. We will continue to deliver on that, stand by our word and make sure that the cultural package is delivered within the mandate, but this Bill relates to the New Decade, New Approach deal and I look forward to seeing its progress continue in the weeks and months ahead.

Question put and agreed to.

Bill accordingly read the Third time and passed.

Northern Ireland Protocol

Brandon Lewis Excerpts
Tuesday 7th September 2021

(2 years, 7 months ago)

Written Statements
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Brandon Lewis Portrait The Secretary of State for Northern Ireland (Brandon Lewis)
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My noble Friend, the Minister of State in the Cabinet Office, the right hon. Lord Frost CMG, yesterday made the following written statement:

The Government set out in their 21 July Command Paper, “Northern Ireland Protocol: the way forward”, proposals to find a new balance in the operation of the protocol.

The Government proposed to the EU on 23 July a “standstill” arrangement to maintain the operation of the protocol on the current basis, and to pause current legal actions, to provide space for discussions on those proposals. The EU announced on 27 July that it was not, at that stage, moving to the next stage of the legal proceedings it started in March. There have since been initial technical talks between the UK and the EU. These will continue in order to determine whether a constructive process can be established for discussing and addressing the issues identified with the protocol.

Following on from this, to provide space for potential further discussions, and to give certainty and stability to businesses while any such discussions proceed, the Government will continue to operate the protocol on the current basis. This includes the grace periods and easements currently in force. Operational and other guidance will be updated to reflect this approach. We will ensure that reasonable notice is provided in the event that these arrangements were to change, to enable businesses and citizens to prepare.

[HCWS262]

Abortion Services Directions 2021

Brandon Lewis Excerpts
Thursday 22nd July 2021

(2 years, 9 months ago)

Written Statements
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Brandon Lewis Portrait The Secretary of State for Northern Ireland (Brandon Lewis)
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Today I am issuing a direction to the Department of Health, the Minister of Health, the Health and Social Care Board, and to the First and Deputy First Minister, to commission and make abortion services available in Northern Ireland as soon as possible, and no later than 31 March 2022. I am also directing that there should be immediate support for interim services of early medical abortion, which are at risk of collapse.

I have a statutory duty to protect the rights of women and girls in Northern Ireland, imposed by section 9 of the Northern Ireland (Executive Formation etc) Act 2019. This duty requires me to ensure that the recommendations in paragraphs 85 and 86 of the 2018 Convention for the Elimination of Discrimination Against Women (CEDAW) report are implemented in full. I therefore have a duty to “provide women with access to high-quality abortion and post-abortion care in all public health facilities”. I acknowledge and respect the deeply held views that individuals hold on this issue. However, it is the clear will of Parliament that the rights of women and girls in Northern Ireland are properly upheld.

The Government laid the Abortion (Northern Ireland) Regulations 2020 and they came into force on 31 March 2020. Those regulations delivered a framework for abortion services which struck the appropriate balance between delivering a CEDAW compliant legal framework that ensures the health and safety of women and girls, and gives clarity and certainty to the healthcare profession, but is also sensitive to the circumstances in Northern Ireland.

In March 2021, we took a further step and made the Abortion (Northern Ireland) Regulations 2021. We took this important step because a year after the 2020 regulations were made, women and girls in Northern Ireland are still unable to access high-quality abortion and post-abortion care in Northern Ireland in all the circumstances allowed by the regulations we made on 31 March 2020. This remains the case today.

The Abortion (Northern Ireland) Regulations 2021 gave me a power to direct a Northern Ireland Minister, a Northern Ireland department and the Health and Social Care Board of the Public Health Agency to take action necessary to implement all the recommendations in paragraphs 85 and 86 of the CEDAW report. The regulations were debated on 26 and 28 April 2021 in the House of Commons and House of Lords respectively and both Houses supported the regulations overwhelmingly, with a majority of 431 to 89 on a free vote in the Commons.

For over a year, the Northern Ireland Office has continued to work closely with the Department of Health, and other relevant Northern Ireland Departments, trying to progress this work. Some service provision commenced on the ground from last April and I put on record my thanks to the medical professionals and Informing Choices Northern Ireland who have ensured that women and girls have had some local access to abortion services in Northern Ireland, and the organisations that have supported this work.

Though I recognise the huge strain that covid-19 has placed on healthcare in Northern Ireland, I remain extremely disappointed that full commissioning proposals have not yet been brought forward by the Department of Health and that the Executive has not an opportunity to discuss them. This ongoing stalemate leaves me no choice but to issue a direction. I have a legal and moral obligation to ensure the women and girls in Northern Ireland are afforded their rights and can access the healthcare as set out in the 2020 regulations.

I am now directing the Department of Health to secure the commissioning and availability of the relevant healthcare services. The direction also includes an immediate requirement for the Department of Health to continue to support the central access point provided by Informing Choices NI (ICNI) who are key to providing early medical abortion services. I have chosen to impose a deadline for the availability of commissioned services of 31 March 2022 to account for the Department of Health’s estimate that it would take 8-12 months to make fully commissioned CEDAW compliant services available.

I am also directing the Department of Health and the regional Health and Social Care Board. The direction includes a requirement to commission, provide and fund abortion services so that they are available in all of the circumstances in which abortions are lawful. This includes access to services in cases of fatal foetal abnormality and severe foetal impairment in line with the Abortion (Northern Ireland) (No 2) Regulations 2020 in any service commissioned. It is for the Northern Ireland Executive to allocate all necessary funding for abortion services from its Barnett-based block grant or its own resources.

I am also directing the First Minister and Deputy First Minister that once proposals are brought forward by the Department of Health, they must be included on the agenda at the next meeting of the Executive Committee.

At the heart of this matter are the women and girls in Northern Ireland, who have been, and continue to be, denied the same reproductive rights as women in the rest of the UK. Parliament determined that this should be corrected and by exercising the power to direct, we will ensure that it is.

[HCWS238]