Northern Ireland (Executive Formation etc) Bill

Carla Lockhart Excerpts

2nd reading
Tuesday 29th November 2022 Commons Chamber

[Chris Heaton-Harris]

I thank both the hon. Lady and my right hon. Friend the Member for Basingstoke (Dame Maria Miller) for their questions. I can give some clarity on this now, and later the Minister of State will be able to give a bit more detail. My officials have been working closely with the Northern Ireland Department of Health and I have instructed the permanent secretary to commission abortion services in Northern Ireland. I am also ensuring that the required funding is allocated for those services, and funding will be ring-fenced in the Northern Ireland budget, as set out by my written ministerial statement of last week.

That will mean that, in line with my statutory duty, health and social care trusts will have both the assurance of commissioned service and the guarantee of funding for that service, allowing them to recruit and plan for the full roll-out of services that this House decided women should have access to. The hon. Member for Walthamstow asked about dates. This is a service that is sometimes controversial, but also unbelievably important, and appropriate recruitment and training of staff needs to take place. Her amendment, which I know is a probing amendment, mentions 28 days, but I hope I can demonstrate to her that recruitment is already starting and training is going to start.

The hon. Lady also mentioned the period of 90 days. I would like to think that most services will be at least en route to being delivered by that point in time, but, if I may, I intend to write to those hon. Members who might be interested, maybe on a monthly basis, to give continual updates so that the hon. Lady and my right hon. Friend the Member for Basingstoke can see what is happening and when.

[Carla Lockhart (Upper Bann) (DUP)]

The Secretary of State will be aware that since the introduction of the new legislation to Northern Ireland, more than 4,000 babies have been aborted in the womb. That is 4,000 lives lost—a stark difference from the 100,000 who are alive today because of the life-affirming laws that we have. He will be aware that 79% of people opposed that legislation. This is being forced on the people of Northern Ireland against their will, and yet he can find funding for it and not for other important things in Northern Ireland.

[Chris Heaton-Harris]

The hon. Lady and I have had this conversation before. I have a statutory duty to deliver that service and I will do so.

Lastly, the Bill provides for powers around the remuneration of Members of the Northern Ireland Assembly, meaning that I will be able to take action to amend their pay when they are unable to conduct the full range of the functions expected of them. The Bill also provides for a number of other measures, including on the regional rate and public appointments, that I will speak to shortly.

Taken together, the measures in the Bill will help to plug the governance gap that has emerged in Northern Ireland. We recognise that the Bill is a stopgap and is not intended to be a long-term solution to the issues that Northern Ireland faces; that is a matter for locally elected politicians.

I will now go through the clauses in turn to explain the Government’s rationale behind some of the policy choices we have made in this process. Clause 1 makes provision for an extension of the period for filling ministerial offices, as set out in the Northern Ireland Act 1998 and amended by the Northern Ireland (Ministers, Elections and Petitions of Concern) Act 2022—cannily nicknamed “MEPOC”. The clause retrospectively introduces a further six-week period during which an Executive can be formed. That means that the election duty previously placed on me from 28 October no longer applies and, through the Bill, would not apply again until 9 December 2022 at the earliest.

Clause 2 provides for a power to extend the Executive formation period by a further six weeks to 19 January 2023. That power is exercisable through a statutory instrument. I will just say a brief word about that, as I know that it is not necessarily conventional. The regulations made under clause 2 will not be subject to any parliamentary procedure— other than having to be laid after they are made—on the basis that the power is limited and exercisable only once. It is not a recurring power that allows me to extend the period for Executive formation indefinitely, but rather a very tightly drawn single further extension to a defined date.

All taken, the Government judge that this extension will afford political parties in Northern Ireland the time they need to get around the negotiating table, back to the Assembly and into the Executive. I have listened clearly and carefully to party leaders, who have all said publicly that now is not the time for a further Assembly election, and I have acted on those concerns. Right hon. and hon. Members with eagle eyes will note that the clause does not fully replicate previous legislation in that it does not provide for the extension or restoration of caretaker Ministers. The Government considered that, but we have come to the firm view that it would not have been appropriate to restore Ministers who left office on 28 October, even in a caretaker capacity. Instead, civil servants have been holding the tiller in Northern Ireland Departments since that date. They have done so admirably given the circumstances under which they have been working.

That brings me neatly to clauses 3 to 5, which clarify the decisions that Northern Ireland civil servants can take in the continued absence of an Executive. The Government have broadly mirrored the approach to these powers taken by the previous Administration but one in 2018, largely replicating the relevant provisions in the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018. We recognise that precedent is helpful both to Parliament and to decision-makers themselves. Northern Ireland civil servants will therefore be provided with the certainty to take a limited set of decisions when it is in the public interest to do so. That will enable them to address key issues facing Northern Ireland right now: a sustainable budget, the cost of living and—importantly—the delivery of public services.

--- Later in debate ---

[Carla Lockhart (Upper Bann) (DUP)]

I take no pleasure in seeing this legislation before the House today, as it sadly represents failure between the Government and the EU to protect the cornerstone of the political institutions in Northern Ireland and the fundamental principle of cross-community consent. It represents a failure to the Unionist people of Northern Ireland and businesses in Northern Ireland, and it continues to put at risk the great Union of Great Britain and Northern Ireland.

Today, I want to make it as clear as I can that Unionism does not consent to the protocol or the institutions operating in a business-as-usual manner. Today, Unionism feels aggrieved by the sheer disregard for its concerns. Never before have I experienced such a groundswell of support for our position to hold the line, not give in and take a stand—all phrases we have heard so often from the people we represent. Let us not forget the words of the very author of the Belfast agreement, the late David Trimble, who said:

“Make no mistake about it, the protocol does not safeguard the Good Friday Agreement. It demolishes its central premise by removing the assurance that democratic consent is needed to make any change to the status of Northern Ireland.”

The protocol poses an existential threat to the Belfast agreement and the St Andrews agreement. Despite the time and space afforded by my party leader for the Government and EU to face up to the stark reality and find a new way forward, nothing was done. We had months of minimal action and tinkering around in the hope that the DUP would quietly let it slide. Well, the DUP can be accused of many things, but not of backing down and letting things slide. When we see the economic and constitutional damage the protocol is having on the people of Northern Ireland, we will not let it slide and we will continue to take our stand for the people who are impacted.

Our commitment to devolution throughout that window of opportunity was clear. While we urged people to face up to the political reality, others looked away.

[Ian Paisley]

Does my hon. Friend think it important that those who want full implementation of the protocol take cognisance of a recent report from this House and the House of Lords, which claims that that would halt east-west trade within 48 hours? Is it not the case that the reason why Unionists are staying out is that this protocol damages everybody’s livelihoods in Northern Ireland?

[Carla Lockhart]

Absolutely. My hon. Friend’s point is so well made. The takeaway from that is that it is the industry leads who are saying that the protocol will grind east-west trade to a halt within 48 hours, and that is a stark reality.

Last week I hosted the Minister of State on a visit to my constituency, and I thank him for that visit. He met Wilson’s Country potatoes. Wilson’s is a leading potato brand, but it faces ongoing difficulty arising from the protocol, because Scottish seed potatoes, needed to grow crops of certain varieties that the market demands, are banned from entering Northern Ireland.

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. I gently ask the hon. Lady to return to the legislation that we are considering. We understand why we are here discussing it, and that has been dealt with very well by Sir Jeffrey Donaldson, but I do not think that we need every Member to stand up and cover exactly the same area. The protocol will be debated again in the Chamber, I am absolutely certain, but let us not have lengthy speeches on it today.

[Carla Lockhart]

Thank you, Mr Deputy Speaker, for bringing us back to the Bill. The fact remains that we would not need it if the protocol was resolved.

Moving on to MLAs’ pay, the hon. Member for North Dorset (Simon Hoare), who chairs the Northern Ireland Affairs Committee, seems determined to punish MLAs for his party’s failures. His party gave us the protocol, and in doing so undermined the fundamental building blocks of the institutions and the Union which they claimed to cherish. His party failed to act when the DUP offered time and space to find a replacement and avoid the position in which we find ourselves. Does he accept any responsibility?

Let me be absolutely clear: DUP MLAs will embrace any pay cut that the hon. Member for North Dorset, or anyone else for that matter, imposes on them, whenever it comes. That will not change their stance or the stance of the DUP. As someone who was in the Assembly when pay was cut last time, I can assure the House that we are in politics because of our conviction, not for the pay that we receive.

Our refusal to enter the institutions has the support of our community, which will allow us to return to them only on the basis of respect for our constitutional position and the restoration of the integrity of the UK. The Minister of State knows that, because he heard the message loud and clear in Hillhall when he visited my constituency and the constituency of my right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson) last week.

Today, Members are exercised about the pace and severity of a pay cut. They ought to be exercised about the reality that should a new way forward not emerge soon, there will be no MLAs, no Ministers, no Stormont and no devolution. Furthermore, should those who now seek to exclude Unionism from the institutions under the guise of reform continue to undermine the agreements they claim to cherish, restoring those institutions will be increasingly difficult. It is telling that the same voices fell silent for years when Sinn Féin refused to enter the institutions. Indeed, rather than demand their exclusion, Alliance and Social Democratic and Labour party representatives stood at protests shoulder to shoulder with those blocking government. The double standards, and the desire to exclude Unionism from the institutions, are not lost on my community.

[Claire Hanna]

Does the Member acknowledge that only three or four days ago I stood shoulder to shoulder, so to speak, with a member of her party when addressing provision by the education authority? Does she acknowledge that working with members of other parties on different issues is not the same as endorsing their entire policy platform? She made an accusation again about my party withholding government. Is she going to keep repeating that falsehood, or does she acknowledge that cross-party working does not mean that we buy into the entire manifestoes and approaches of other parties?

[Carla Lockhart]

We will have an opportunity to read Hansard and the Member’s contribution today, so we will be able to see that there is a clear ignoring of Unionist views and a clear sidelining of Unionism and the many people on whom the protocol continues to impact.

[Mr Deputy Speaker]

Order. Get back to the Bill please.

[Carla Lockhart]

The onus is on the Government and the EU to bring about the conditions whereby power sharing can be restored. Should a new agreement be found that meets the seven tests that my party has outlined, we will not be found wanting in returning to office. The ball is in the court of the Secretary of State.