Northern Ireland

Carla Lockhart Excerpts

Thursday 1st February 2024 Commons Chamber

[Chris Heaton-Harris]

With the leave of the house, I will answer a few of the points that have been raised. We have heard a wide and varied range of contributions on all aspects of the regulations from Members across the House. In my closing remarks, I wish to take the opportunity to address those points.

First, I thank the right hon. Member for Leeds Central (Hilary Benn) for the way that he has approached everything we have done. He asked a few questions, which I shall try to answer. He talked about these measures and how we will be protecting the European single market with this package. What these measures also do, which is unbelievably important, is protect our internal market at the same time. [Interruption.] I know that the right hon. Gentleman knows that, but I just wanted to emphasise the point, because it is important. He asked for an example—I think that it is in proposed new section 13C introduced through the regulations—of where there would be a significant adverse effect. I can refer him best to the example I gave of the Animal Welfare (Livestock Exports) Bill, where there is an obvious advantage to Northern Ireland to be different, which we took on board. He very kindly showed some ankle on Labour’s position on our future relationship with the EU. Can I beg him to continue to do that? While we all enjoy a good political debate—I will not go too far into this point, because we are in a consensual place—we would very much like to explore exactly what Labour’s position is on European Union free movement and a whole host of other things.

[Carla Lockhart (Upper Bann) (DUP)]

The right hon. Member makes reference to the fact that, within the legislation, there is now a safeguard around significant disadvantage towards Northern Ireland and significant adverse effect. Does he not agree, though, that the significant adverse effect is very subjective? It has no concrete definition and section 13B allows the Minister to go ahead anyway, even if it does cause a significant adverse effect.

[Chris Heaton-Harris]

I thank the hon. Lady for her question. Before I answer it, may I say that I owe her an apology, because I completely misheard her question yesterday? I was having trouble hearing her—I think it might be my age, but hopefully it was the microphone—so I wanted to apologise for not answering her question properly. I disagree with her and I think a written ministerial statement allows this place to scrutinise what the Minister is doing and to allow more transparency.

I also wish to make a point—I hope that I will not punch a bruise here—about the intervention of the hon. Member for North Antrim (Ian Paisley) on the right hon. Member for Leeds Central. The hon. Member for North Antrim said that tariffs between GB and Northern Ireland would be acceptable if they were the will of the Parliament. I disagree. I think a £3 tariff on Bushmills would not be that great. None the less, all of the arrangements in the framework are given full effect by the will of this Parliament, and so, by his definition, it must be completely acceptable. I thank him for his support.

Question put and agreed to.

Resolved,

That the draft Windsor Framework (Constitutional Status of Northern Ireland) Regulations 2024, which were laid before this House on 31 January, be approved.

Northern Ireland Executive Formation

Carla Lockhart Excerpts

Wednesday 31st January 2024 Commons Chamber

[Chris Heaton-Harris]

I thank my hon. Friend for his question; I know that he has talked to my Minister of State on these matters. Actually, our Standing Orders state the debating time for these things. The House is an interesting being, and I would not want to get in the way of its Standing Orders.

Secondly, as I tried to underline in a previous answer, a timetable has been agreed with the Democratic Unionist party, which the Government are committed to, and if we fulfil it, that will lead to the restoration of Stormont. The House is full of agile and able Members of Parliament who are amazingly good at scrutiny, and I know that they can do that very, very well in the time provided.

[Carla Lockhart (Upper Bann) (DUP)]

I thank the Secretary of State for his statement, and I thank my party leader and deputy leader for the many gains in the Command Paper. However, our leader said that there remains work to do. Will the Secretary of State therefore confirm whether Northern Ireland still remains under the EU’s single market laws for the production of food and agrifood? Does the EU customs code still apply in Northern Ireland? Does he accept that such a situation is not compatible with UK sovereignty and Northern Ireland’s place as a full part of the United Kingdom? In accepting that, would he say that more work needs done on this? Will he further outline what assurances he has had from the EU that the rules governing the new internal market system are acceptable to it?

[Chris Heaton-Harris]

I thank the hon. Lady for her questions. May I recommend that she re-reads the Windsor framework and indeed the Command Paper?

Northern Ireland Budget (No. 2) Bill

Carla Lockhart Excerpts

Committee of the whole House
Monday 4th September 2023 Commons Chamber

[Carla Lockhart (Upper Bann) (DUP)]

I add my comments about the outgoing shadow Secretary of State, the hon. Member for Hove (Peter Kyle), and congratulate the incoming shadow Secretary of State, the right hon. Member for Leeds Central (Hilary Benn). I wish him all the best; he would be most welcome in the Upper Bann constituency—the premier constituency in Northern Ireland—in the coming weeks and months.

The stark reality of the debate tonight is that the budget given to Northern Ireland Departments is not enough for the effective delivery of services in Northern Ireland. Some £297 million is scheduled to be taken from our allocation this year and next. That is a huge chunk of the cake being taken away, from a cake that is already too small to satisfy the appetite or demands of our public services. I am being continually contacted, as I know are colleagues on these Benches, by constituents who are feeling the full effects of this harsh budget and the realities of our underfunded services: of health service waiting lists, crumbling school estates and scrapped road plans. While the physical infrastructure needs of our services are vast, so too is the even greater need of an even greater asset: our public sector workers. They ask for equality in pay, yet this Government refuse to give it. Some £575 million for public sector pay awards is needed, yet the cake is being cut and not made bigger to award people what they deserve.

The line that the Government cannot step in to deal with this matter does not wash with me or the public in Northern Ireland. If the Government want to do something, we see that they go and do it; we only have to look at the track record around the implementation of abortion in Northern Ireland against the will of the vast majority of people in Northern Ireland, or the relationships and sex education guidelines that have been foisted on the people of Northern Ireland without any consultation. Frankly, they are out of step with the values that the vast majority of parents want to instil in their children. The Government should not come at us with this line that “the Government cannot act”, when they can on other issues where there is very clear opposition in Northern Ireland.

When and if the Government want to do something, they do it, yet we see a lack of enthusiasm to deal with the issues that are keeping the doors of Stormont locked. We hear much from the Government that, if Stormont was back up and running, we could deal with the issues, yet they peddle false hope to those awaiting healthcare interventions and raise expectations among our public sector workforce about their deserved pay rises when there simply is not enough money to deliver such increases.

Our party leader, my right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson), has said time and again that this party deals in realities. Those are the political and constitutional reality created by the protocol and Windsor framework, the economic reality created by the same, and the public reality that Unionist people have withdrawn their consent for the devolved institutions until their concerns are dealt with and our place within our Union is restored. Sadly, there are those who seek to lay blame for all ills at my party’s feet, yet it is they who are exacerbating the situation by refusing to address the genuine concerns of the Unionist community and, indeed, the continued difficulties faced by many businesses as a result of the Windsor framework and the protocol.

We want a solution that brings a firm foundation for the restoration of Stormont. We want a solution that brings firm political and financial foundations, which will be the key to the impact that any new Executive will have. Underfunding cannot continue. We need transformational moneys and moneys based on the needs of our changing society. Next year—I will reiterate the figures that we have already heard—public spending in Northern Ireland will increase by 3.6%, but in England it will increase by 6%. How is that fair on my constituents in Upper Bann?

My hon. Friend the Member for Belfast East (Gavin Robinson) made a significant contribution on the budget needs and the transformation of the Barnett formula to a needs-based formula. It is time for the Government to act. The people of Northern Ireland—people of this United Kingdom—deserve it. We in Northern Ireland deserve as much as those in England are getting. I implore the Government to do what is right and get a political and financial solution that will allow Stormont to be restored and got up and running, with decisions made in Stormont.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Carla Lockhart Excerpts

Consideration of Lords amendments
Tuesday 18th July 2023 Commons Chamber

I stress again to the Government that, even at the eleventh hour, they should please rethink this Bill. There is a different way of doing it. We have not had a chance to consider properly the Stormont House agreement. The Northern Ireland Office did a consultation on it many years ago, and there was a basis for taking it forward, but the Government did a handbrake turn back in 2021 and looked at doing things entirely differently. I ask please that that process be given a chance. It holds the confidence not just of the political parties, but of the vast majority of the victims in Northern Ireland.

[Carla Lockhart (Upper Bann) (DUP)]

I rise to oppose this legislation in the strongest possible terms and to speak on behalf of the many innocent victims of terror in Northern Ireland, for whom this Bill has caused great distress and anguish. As I was leaving Northern Ireland this morning, the real-life story—it has already been mentioned in this place—of Louie Johnston was booming out on the radio. Louie was the son of a police officer murdered in my constituency. Louie was seven years old when his daddy was killed by IRA criminals because he wore the uniform of the Royal Ulster Constabulary. I encourage all Members to google Louie’s news article today and see the picture of him walking behind his dad’s coffin, a broken child. It was one of the most powerful pictures of the troubles. His dad, David Johnston, along with his RUC colleague, John Graham, were shot dead while on foot patrol in Lurgan. When he was told of his father’s death, he said, “Why would anyone want to kill my daddy?” He asked today for us to show some empathy, and he asked whether we believe it is morally right to take away his avenue to justice. It is on those comments that I make my remarks today.

It speaks volumes that not one victims’ group endorses this legislation. It is a sad reflection that this Government today choose to ignore Louie’s call and the calls of the many who represent innocent victims. This House, I trust, will forgive me for labouring the point about the hurt and the lasting legacy of the troubles on their lives. They have physical and emotional scars that will never heal, and those are made worse when people sound out or imply that it is time to move on and draw a line in the sand. They feel that is code for, “Forget about the victims, and forget about what happened.”

[Sammy Wilson (East Antrim) (DUP)]

Does my hon. Friend also think that we are talking not just about the legacy of the past and the hurt that that has caused, but about the impression left on young people today when they see that the state will grant immunity to people who have carried out some of the most horrible crimes, deeming that to be okay? In other words, someone can commit a crime, and if the political circumstances or whatever are right, there can be no consequences. Does that not eat at the very moral core of society?

[Carla Lockhart]

My right hon. Friend makes such a valid point on the impact the Bill will have on young people and their outlook on these issues. It is unacceptable and does not sit well in our society. Victims in Northern Ireland have already suffered and have to endure the fact that, because of the Belfast agreement, they can meet the perpetrators of some of these acts walking down the street or in the supermarket. They live with the continual flaunting and glorification of terrorism by someone who claims to be the First Minister for all and who has said there was no alternative. Indeed, the Member for Belfast North (John Finucane)—a Member of this House—recently showed his true colours in that regard as well. In the face of all the sickening actions, the taunting and the re-traumatising, I applaud the fortitude, dedication and determination of innocent victims to fight for such basic concepts as truth and justice. Sadly, those concepts are lost in the Bill.

The other place has sought to make this imperfect Bill less imperfect. I welcome some of the amendments. It is of deep regret that the Government propose to disagree with Lords amendment 44 in relation to immunity. The amendment would have removed from the Bill provisions allowing immunity from trouble-related crimes, which the Democratic Unionist party, and I believe the majority of people in Northern Ireland, support. In my discussions about the Bill with victims’ groups in recent months, I have heard how immunity is what causes the most grievous hurt. Why? It is because it closes the door, erodes victims’ access to redress and draws a moral—or should I say immoral—equivalence between blood-thirsty terrorists and public servants. Quite frankly, it weakens our entire criminal justice system throughout the world. I find it most remarkable that the Government should endorse such a move. The decision is repugnant not just for its perversion of justice, which we in the UK claim to value, but for the trauma and hurt that it inflicts on innocent victims.

I turn to the motion to disagree with Lords amendment 20. Every family deserves the ultimate hope of a full and fair investigation into the circumstances of a loved one’s death. Such an investigation should be subject to the highest standards. The amendment would have established minimum criminal justice standards for a review along the lines of Operation Kenova following expressed fears of watered-down investigations. The commissioner should be under a duty to ensure that an article 2-compliant investigation either has been carried out or will be carried out. Is that too much to ask? It is difficult to come to any conclusions other than that the commissioner for investigations will be able only to comply with obligations imposed by the Human Rights Act 1998 to the extent dictated by the authority and resources granted to that office holder under the Act. The restriction of criminal enforcement actions is such that even if the independent commission for reconciliation and information recovery refers all conduct to the Public Prosecution Service, much of that material will be admissible. Compliance with fundamental rights needs to be a cross-cutting safeguard in how troubles cases are dealt with. Irrespective of whether an investigation is at least partially the granting of immunity to perpetrators, its value is diminished.

The Government, by erasing the other place’s amendment to the Bill, simply fail to acknowledge the rights of victims in terms of the standards of an investigation. However, that is only one part of the jigsaw. For victims, it is equally important to have their day in court and the prospect of conviction and custodial sentences to grant some form of closure as it is to have a proper investigation. The Bill fails in those respects.

The Government’s objection to Lords amendment 20 will remove the requirement for a Kenova-standard investigation from the Bill. The Government, through their amendment, seem to want to provide an assurance, irrespective of whether a commissioner decides a criminal investigation is to take place as part of a review, that all the circumstances of a death, including potential offences, will be looked into. I am sorry, but there would appear to be a huge gulf between carrying out a historical investigation that gathers and explores as much information as possible in relation to a death or harmful conduct and the Government’s suggestion simply to look into that.

We oppose the Bill because we believe in justice and in holding fast to hope for those who paid the biggest price for our troubled past. The Bill will lead not to reconciliation but to greater distress, distrust and disillusionment among victims that they matter to this Government. We stand with those victims.

[Jim Shannon]

I am pleased to speak in this debate and to put forward the desires of the people of Strangford in this place, and also my own family. [Interruption.] Sometimes when you are at the end your emotions get you, and they have got me today. Fifty years ago, my cousin was murdered. He was the light of our family, a good man with a good heart who loved his family and his community. My aunt was robbed of the opportunity to see him have the joy of his own children and grandchildren, and I was robbed of my childhood hero and friend. [Interruption.] The perpetrators were never brought to justice—all three of them.

Northern Ireland Budget (No. 2) Bill

Carla Lockhart Excerpts

2nd reading
Monday 10th July 2023 Commons Chamber

[Carla Lockhart (Upper Bann) (DUP)]

It is deeply regrettable that we find ourselves in this situation once again. Sometimes, the Democratic Unionist party gets accused of not wanting to be in the Stormont and the Executive. To be clear to all Members across the House, we are a party of devolution and we want devolution restored in Northern Ireland. We want to take the decisions in the Stormont because budget decisions are best taken there. We know that, while our electorate want us to be back in the Stormont taking those decisions, they also clearly want us to ensure that cross-community consent is restored in that Assembly. That was the message on the doorsteps during the local government election. Although some will want to ignore that view, we will not.

Time is a precious commodity. Wasting time is not something I would indulge in—anyone who knows me will know that. There has been a criminal waste of time resolving issues with the protocol and the Windsor framework. Those issues could be quickly and easily resolved by the Government. Drift is not acceptable anymore. There was no drift when abortion laws were forced on the people of Northern Ireland. There was no drift just a few weeks ago when legislation on relationships and sexual education was forced on the people of Northern Ireland. There was no drift when Sinn Féin demands on Irish language legislation were introduced. When there is will from the Government to do something, they do it very quickly.

On a daily basis, economic harm is being caused to the people of Northern Ireland, with the continued placing of a border in the Irish sea resulting in Northern Ireland’s place in the UK being continually undermined. Businesses and industries are being impacted and competitiveness is being undermined, yet there is continued drift on the part of the Government. There is no urgency. Often, there is not even a recognition of the problems caused to businesses by the Windsor framework and the protocol. We hear much from colleagues about the idea that the Windsor framework has resolved all the issues.

I challenge all Members to speak not to the trade bodies, but to the businesses that are being impacted. Speak to the manufacturing industry, speak to the agriculture industry and speak to the horticulturalists in Northern Ireland who are still experiencing massive problems with the implementation of the protocol and, subsequently, the Windsor framework. What I want to see, on the back of this budget debate, is a change in attitude to addressing the most fundamental issues that are impacting Northern Ireland and keeping our Executive down.

Turning to the Bill, my first point is more general and has been made today several times. We welcome the Government’s commitment to look at this issue, but my hon. Friend the Member for Belfast East (Gavin Robinson) has been to the fore and most effective in pressing for a review of the Barnett formula. I believe that debate is gaining traction—it is becoming abundantly clear at our weekly Northern Ireland Affairs Committee meetings. I welcome the Secretary of State’s intervention today, but in truth we are again placing a sticking plaster over the financial needs of Northern Ireland, unlike our Welsh counterparts who enjoy a needs-based financial allocation. We can see clearly that this budget is about short-term financial decisions and is not based on the needs of the people of Northern Ireland, including the needs of the people in my constituency of Upper Bann. We want a restored Executive.

[Robin Millar]

The hon. Lady used the phrase “enjoying a needs-based allocation”. I would contest that. My concern is the risk that we end up in a spiral, with a kind of Top Trumps of deprivation. Who is the most deprived? They get the biggest sum. Does she not agree that there is a risk to attaching a purely needs-based assessment to allocations?

[Carla Lockhart]

The reality is that the Barnett formula across the United Kingdom, in all the different nations, is needs-based. It is important that we do not just give Northern Ireland an amount of money, but drill down to the actual needs. On whether that means tinkering around with what has worked and what has not worked in Wales, we are more than willing to enter into those conversations, and use the Welsh model as a baseline and improve on it. Hopefully, if we can make improvements in Northern Ireland, they can be transported to Wales as well.

[Sammy Wilson]

Does my hon. Friend agree that a financial allocation made on a purely needs basis would provide the resources to start addressing some of those needs? For example, if there were a high number of people claiming unemployment benefit because they had mental health problems, money could go into the health service to deal with those problems and get them into work, or for people unemployed because they did not have skills, the money could be used on technical education to give them the skills so that they could get back into work. The vicious circle that has been spoken about could be addressed by having the resources to deal with that.

[Carla Lockhart]

Absolutely. I thank my right hon. Friend for his intervention.

We want a restored Executive not only to have firm cross-community consensus, but to be able to transform and deliver services effectively. For that, we need financial equipping based on need. As my right hon. Friend has indicated, those needs are really to the fore. If I think of my constituency, I think of the educational underachievement and the health needs. Those are the things we need to drill down into and fund adequately; if we do not, Northern Ireland will continue to be short-changed.

The Northern Ireland Office has recently been seeking to provoke discussions around revenue-raising measures. There is no question but that we are up for those discussions, but we cannot escape the fact that the Treasury’s contribution to funding public services in Northern Ireland is going down rather than rising. Spending up to 2025, for example, will increase by 6% in England but only 3.6% in Northern Ireland.

I have a specific concern about the impact that the policing budget will have on communities. The right hon. Member for Chipping Barnet (Theresa Villiers) made a very helpful intervention on that subject: it was a stark reminder that the terrorist threat level in Northern Ireland is severe. In that context, we just cannot continue to ignore the concerns that the chief constable and the Police Federation have raised in relation to the capability of our police force.

Despite the commitments in New Decade, New Approach to grow our officer numbers to 7,500, the stark reality is that we are now on a trajectory towards 6,000, largely because of a failure to prioritise policing in our Province. The truth is that there is a risk of the headcount dropping further, unless the Government urgently deliver the financial firepower that local policing is crying out for. In an intervention on my right hon. Friend the Member for East Antrim (Sammy Wilson), the Secretary of State made the point that that is on the Executive, but I would put the ball back into his court: it was an agreement in NDNA. When there was a language issue in NDNA, this Government very quickly helped and intervened, yet on the policing issue they have not gone far enough. The NIO claims to support the excellent work that the PSNI does. It needs to back up that claim and actually financially support it.

Similar challenges exist for health, education and roads. Time does not permit me to list the challenges that I am seeing daily in my busy constituency office, so I will draw my remarks to a close on the time issue. The time for the Government to act on funding for Northern Ireland is now. The time to act to review the Barnett formula is now. The time to take the necessary steps to restore cross-community consensus for devolution is now. It would be wholly unacceptable and utterly reckless if time were allowed to pass and we found ourselves passing another budget Bill in this place, as opposed to in Stormont.

Northern Ireland (Executive Formation) Bill

Carla Lockhart Excerpts

Committee stage
Wednesday 22nd February 2023 Commons Chamber

[Simon Hoare (North Dorset) (Con)]

I see our little hero has now moved to front and centre.

I could have made this point to my right hon. Friend the Secretary of State on Second Reading, but I want to carve it out so that it will be noted. I pay tribute to the British Heart Foundation, which has done so much work with the family to make the case. Passing this Bill is one thing, but raising public awareness is another. This change will require some form of public information campaign, and there needs to be an opportunity for family conversations so that people’s personal wishes are known. These circumstances often arise at a moment of trauma or accident, so they are a huge surprise and shock, and rational discussion is often, perfectly legitimately, very hard.

We all support this amendment, but a follow-up public information campaign is needed to ensure maximum understanding so that people take up the opportunity it provides.

[Carla Lockhart (Upper Bann) (DUP)]

Thank you, Dame Rosie, for the opportunity to speak on these amendments. I will keep my remarks brief and to the point.

I commend the Secretary of State for tabling these amendments. He noted on several occasions that they are exceptional but are the right thing to do. They will allow for the exceptional transformation of our organ donation laws in Northern Ireland. I commend the Speaker’s Office for its efforts to ensure that the passage of the amendments could happen in this form.

We often hear that this Parliament is sovereign. I am taking heart today from the fact that this is law that will help to protect and save lives, which is an encouraging move by this Government and this Parliament that sends out a strong message across the United Kingdom. The Secretary of State and I differed on the abortion laws that were tacked on to the Northern Ireland (Executive Formation etc) Act 2019, as those laws were very much not about protecting life. This law is about protecting life, which is wonderful.

Northern Ireland (Executive Formation) Bill

Carla Lockhart Excerpts

2nd reading
Wednesday 22nd February 2023 Commons Chamber

[Carla Lockhart (Upper Bann) (DUP)]

I welcome the amendment to address organ donation. This moment would not have happened without the courage of a little boy, who has been mentioned so often in the debate. We really commend Dáithí, his parents Máirtín and Seph, and his little brother for their determination and tenacity in bringing about real change in Northern Ireland. It is wonderful.

We all have ideas and ideology and want to bring about change and make our mark on society, but that little boy of six really has done, and I think that is absolutely amazing. It should inspire us all to go that extra mile to stretch ourselves and do the right thing. I also pay tribute to Fearghal, who I know has played a key role in supporting the family and helping them on this journey. Navigating the legislation and being in the right place at the right time is not easy, and I commend him for it.

As a mum myself, I wish Dáithí all the best for his future medical support and care. When I looked at him yesterday, I could not help but be moved. I thought, “Here is a little boy who is fighting for everyone else, yet he needs us to fight for him.” He has such an amazing mum and dad, who have done so much for him in his short life by pushing this issue. We wish him well as he goes for his surgery in the not-too-distant future. I assure him of our thoughts and prayers for that journey.

I also pay tribute to a constituent of mine, Jo-Anne Dobson, who has already been mentioned. She has been very much at the fore of this debate. She brought the matter to the Assembly a long number of years ago when she was an MLA. She brought it because it was personal to her as well. She, too, must be commended, because she gave the gift of life to her son, Mark, when she donated her kidney to help to save him. I commend Jo-Anne for her efforts; I know that she would be proud of Dáithí today and all that he has achieved.

My colleagues and I want to see devolution. We want devolution that delivers on issues such as health, education and public services—devolution that works. We are frustrated that we find ourselves debating this legislation in the House today. It should not be needed, but sadly it is necessary, because ultimately the Government have not acted or been able to resolve the long-running issue of the Northern Ireland protocol. That issue alone is the bar to the restoration of the devolved institutions.

Over recent days, there has been a great deal of speculation about progress and reaching a new agreement. Let me be clear: the DUP stands ready to restore the Executive, but that can happen only on the basis that the principle of cross-community consent for such a restoration is in place. Members who pour out affection and commitment to the Belfast agreement cannot escape the fact that Unionism consent for power sharing does not currently exist, and that is the test for any deal that may or may not emerge over the coming days.

My colleagues who were elected as MLAs in May stood on that platform and received a mandate for their stance, and we will not betray that trust—there will be no fudge. My party has set out its tests on which any agreement will be judged. The Government know those tests well, and it is this party and the Unionist community from which we hold a mandate that will assess any agreement against those tests. This place is known throughout the world as a beacon of democracy—as a nation, we stand with those whose democracy, even today, is undermined by threats from tyrants or dictators—but we the people of Northern Ireland, because of the Northern Ireland protocol, face the erosion of democracy at the behest of the EU.

It is pertinent to make the point that:

“My visceral objection is to unaccountable power…we ought not to live our lives under unaccountable power. Power has no legitimacy other than that given to it by the people by voting.”

Those are not my words or those of my right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson), but those of the Minister of State, Northern Ireland Office, the hon. Member for Wycombe (Mr Baker) when explaining his opposition to the EU. The democratic deficit foisted on Northern Ireland by the protocol comes through a power that is “unaccountable” to the people of Northern Ireland and that has “no legitimacy” in the terms described by the Minister, because not one person in Northern Ireland, to whom the rules would pertain, has voted for them.

I trust that that interview by Church Times reflects the Minister’s principles about an acceptable outcome to the negotiations and that he has not had a road to Damascus conversion from defender of democracy to someone who bows down to unaccountable EU power in the corner of the UK that I am honoured to call home. That point must be addressed, as must the totally unacceptable economic impact of the protocol.

[Paul Girvan (South Antrim) (DUP)]

On the Damascus road experience, a number of people, parties and organisations in Northern Ireland seem to have been enlightened that the protocol, as it was presented, is definitely not working. Those are the same people who wanted it to be fully and rigorously implemented, but they have now had that Damascus road experience and say it needs major rework.

[Carla Lockhart]

I fully agree with my hon. Friend.

The protocol costs a significant amount annually. Some £350 million a year is spent on the trader support service, which is £18,000 an hour—let us think how that could be utilised to make things better in Northern Ireland. The protocol is damaging a wide range of small family businesses and larger industries in my constituency. My hon. Friend the Member for North Antrim (Ian Paisley) eloquently highlighted the issue around organic eggs. Such issues have a daily impact on our business.

Again, there is an issue around seed potatoes that Wilson’s Country in my constituency has been at the fore of fighting, because it cannot bring seed potatoes from Scotland. That would be unacceptable anywhere else in the UK, so the Government should not accept it for the people of Northern Ireland. It beggars belief that the Government have stood by while trade has reorientated from within the UK. It serves no benefit to the UK; that diversion of trade must be addressed fully in any new agreement.

The Government know well what must be done, and they know the prize. The NIO prioritised a whopping £600,000 of taxpayers’ money to celebrate the 25th anniversary of the Belfast agreement, yet the longer it takes to reach an agreement on the protocol that respects the fundamentals of the Belfast agreement, the more air is escaping from the party balloons. Although the Bill extends the period in which an Executive must be formed following an election by 52 weeks, my hope is that this new deadline is never met, and that we have our Executive back sooner rather than later. To do so, however, the EU will have to stretch itself. If it does, it will unlock the prize of devolution; if it does not, it will be responsible for the demise of our political process and the Belfast agreement. Time will tell.

Northern Ireland Budget Bill

Carla Lockhart Excerpts

2nd reading
Monday 23rd January 2023 Commons Chamber

[Carla Lockhart (Upper Bann) (DUP)]

It is a matter of deep regret that this Budget must be brought through this House and not the Northern Ireland Assembly and Executive. As a devolutionist party, we in the DUP strongly believe that the budgetary process in Northern Ireland ought to be put forward by those elected to make decisions and provide local scrutiny and accountability, yet we are in what can only be described as a very serious situation, which is not helped by the ongoing denial of its gravity by Members of this House. In this debate, we have heard the naive and rather vacuous posturing of some Members across the House who have laid the responsibility for the institutions not being operational at the door of my party and called for the immediate restoration of Stormont.

Let me make one thing clear: we are in this unsatisfactory situation because of the decisions made by this Government. We are in this position because the party of government decided that its unity, as it imploded over Brexit, was more important than the economic and constitutional unity of the United Kingdom, and Ministers openly admit that.

The Government know that this situation is of their making. The leader of my party, my right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson), in trying his utmost to avoid this situation, gave the Government and the EU ample time and opportunity to find a new way forward that would command the consent of the Unionist community, and in doing so restore the foundations on which power sharing is built. Members know that until that consent is in place, there will be no restoration and no Stormont Budgets. It is time for people to get real about the magnitude of the situation and the urgency for new, comprehensive solutions to be found.

There is another reason that the Bill is before us today. We ought not forget that the Budget process in Northern Ireland started in October 2021, and in the time and space that my party provided for solutions to the protocol, there was ample time for the then Finance Minister, Conor Murphy, to prepare a Budget agreement, yet he failed to set a Budget and we are now reaping the consequences. His approach to setting a Budget was to promise millions when the coffers were empty. When Sinn Féin was peddling fallacies, the black hole in our Budget was getting darker.

Let me home in on the figures and how the Government are approaching allocations, starting with allocations to the Department of Health. The Secretary of State has aggressively pursued the provision of abortion services in Northern Ireland against the wishes of the people of Northern Ireland, as was evidenced by the consultation held by his predecessor, the right hon. Member for Great Yarmouth (Brandon Lewis), during his time as Secretary of State; yet while local health trusts are being compelled to provide these services, no additional money has been provided for them to do so.

Instead, with A&E departments overwhelmed with pressures to the point of complete meltdown, with a lack of care packages available across Northern Ireland to help people return home safely and free up capacity in hospitals, and with children enduring appalling waiting lists for speech and language therapy, for instance, to unlock their participation in this world, we now have the additional pressure of providing abortion services within existing budgets. There is no local mandate, no local scrutiny and no local accountability for that decision. I ask the Minister to advise which service currently provided by our crumbling health service ought to be cut to provide that service. Perhaps in his winding-up remarks, he can outline which service he would cut.

Let me turn to concerns about our education system. For too long, our schoolchildren have been the poor relation in terms of spend per pupil in the UK, and this Budget outlines a continuation of that disparity. I see no justification for funding inequality. Surely the education of a child in Banbridge, Portadown or Lurgan is of equal value to that of a child in Banbury or Portsmouth. We hear a lot from this Government about levelling up; surely it is time for levelling up in our classrooms. Our education system simply cannot take ongoing underinvestment, as has been made abundantly clear to the Government by the Education Authority and various school bodies. That issue has been much discussed today.

Since Stormont has been in abeyance, the Government have legislated to spend what limited resources are available to provide unwanted abortion services and unnecessary cultural and language provision that will cost millions, at a time when our schools are running deeper deficits, our healthcare system is in need of emergency care, and our households are set to face huge hikes in household rates. Of course, an even greater cost is the unnecessary and seemingly bottomless pit of money that is being made available to support the functioning of the Northern Ireland protocol. The Treasury has confirmed that the trader support service, which helps companies deal with the paperwork generated by the protocol, has cost the taxpayer £318 million in just over two years. That is £436,000 per day, or £18,000 per hour.

That £436,000 per day could employ 10 highly experienced nurses for a year. The protocol paperwork costs the salary of 10 highly experienced nurses every day—it is really important that we stress that point. That is 7,300 nurses. How transformative that money could be for schools, hospitals and roads in Northern Ireland, rather than facilitating an unnecessary border that divides Northern Ireland off from the rest of the UK. It is time for this Government to find real solutions to the protocol, so that we once again see decisions such as these taken and scrutinised by locally elected politicians, held accountable by local people.

--- Later in debate ---

[Mr Baker]

The Secretary of State is reflecting on that very thing right now. I believe he is meeting the parents, although I cannot confirm when. The point is well made. The Secretary of State will certainly reflect on it. I will no doubt be party to those decisions.

[Carla Lockhart]

I associate myself with the remarks about Dáithí’s law and trying to ensure that that proceeds. The Minister noted that he was on his final point: can he first bring some clarity around the abortion issue that I raised? What services would he advocate being cut for abortion services to be provided in Northern Ireland? Will there be new money made available from the Treasury to facilitate the abortion services that have been forced on the people of Northern Ireland?

[Mr Baker]

As the hon. Member well knows and does not like, we were forced under law to bring forward abortion services because this House legislated. She may recall that I was in the Lobby with her voting no. That was because I did not want to see the devolution settlement trespassed upon. It is my belief that women in Northern Ireland should have access to abortion services. That is because I think that the law as it stands for my constituents in Wycombe and in England is about right, leaving as it does room for conscience in the earlier stages of pregnancy.

What I would say to the hon. Member is that the law required us to move forward. I know she does not like it, but money has been allocated as set out in the Budget, and the memorandum is available. We just have to move on. I am well aware that people will find that challenging, but the Secretary of State has done the right thing in complying with the law.

I will finish by saying that there has been a great deal of unity across the House on the pressing need for the Budget and the pressing need to transform and improve public services for the people of Northern Ireland. The hon. Member for North Down mentioned managed decline in his remarks. I am clear, as I know he is, that managed decline is not good enough for the people of Northern Ireland. As we approach the 25th anniversary of the Belfast/Good Friday agreement, and as we approach hopefully getting a deal on the protocol and therefore restoring the Executive, it is incumbent on all of us in our different and respective positions to work out how to better serve the people of Northern Ireland and deliver a Budget that not only works for them, but that transforms public services so that Northern Ireland can be a real beacon for the whole UK.

Question put and agreed to.

Bill accordingly read a Second time; to stand committed to a Committee of the whole House (Order, this day).

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.

Northern Ireland Elections

Carla Lockhart Excerpts

Wednesday 9th November 2022 Commons Chamber

[Chris Heaton-Harris]

I am not sure whether I look back fondly on those times, but they were certainly very interesting. I had already lost my hair, so it is difficult to judge.

My hon. Friend is absolutely right. We now have time and space both to reflect and to understand everyone’s position. The Unionist community in Northern Ireland has articulated a principled position with reference to issues with the protocol, which I completely understand. To fix it, we need time and space to have those discussions with our European Commission interlocutors. That is part of what I hope to do with the forthcoming legislation.

[Carla Lockhart (Upper Bann) (DUP)]

It is welcome that, latterly, the EU has seen the error of its ways and is showing a willingness to negotiate the wrongs of the Northern Ireland protocol with our Government. Seed potatoes, plants and medical supplies are no threat to the EU, so the restrictions are designed solely to punish the UK for voting to leave. Will the Secretary of State confirm to my constituents that the Government remain committed to achieving the same outcome through negotiations as would be delivered through the Northern Ireland Protocol Bill, as promised by the former Prime Minister?

[Chris Heaton-Harris]

Yes.