European Union (Withdrawal Arrangements) Bill

Caroline Nokes Excerpts

2nd reading
Friday 6th December 2024 Commons Chamber

[Carla Lockhart (Upper Bann) (DUP)]

I commend the hon. and learned Member for North Antrim (Jim Allister) for his Bill. It is disappointing that I will not get to make a speech on it; I trust that you will show me a little leniency, Madam Deputy Speaker, in my intervention as I have deliberately not jumped up and down during others’ speeches.

Does my right hon. Friend the Member for Belfast East (Gavin Robinson) agree that those in this House underestimate at their peril the damage caused by the current arrangements? Unionism is reeling at the fact that our mother Parliament has sacrificed and continues to sacrifice Northern Ireland on the altar of political expediency. Unionism has had enough. Businesses and consumers have had enough. They cannot get plants, seeds or trees from GB. They cannot bring in farm machinery, just because it may have British soil on its wheels. They cannot bring seed potatoes from Scotland. All traditions in Northern Ireland—

[Madam Deputy Speaker (Caroline Nokes)]

Order. I think the hon. Lady has made her point. I call Gavin Robinson.

[Gavin Robinson]

I acknowledge the position that my hon. Friend outlines in her contribution. I wish it was not the case that so few Members will get to contribute. Indeed, I arranged for my right hon. Friend the Member for East Antrim (Sammy Wilson) to lead for my party on the Bill—but he decided that I should—because I want to ensure that people get the opportunity to contribute.

Just as we make our point today, we will make it on Tuesday. I encourage other Unionists to vote with us. It will trigger a review that I think will be important; I hope that it will not be dismissed in the way that the concerns being raised today or in the past are being dismissed by Members here. The review will take evidence and suggest how the arrangements may change. The purpose of Intertrade UK and the independent monitoring panel was to provide an evidence base for us to draw on when the review was triggered, but another aspect of the Government’s inability to honour the commitments they entered into back in January and February is that their reluctance and lethargy means that that information will not be available. That is a shame. It is a complete shame that the work was put in to make sure that we could have these discussions in a robust, evidence-based and honourable way, but the information simply will not be available.

I wish the hon. and learned Member for North Antrim well with his Bill. He knows the frailties of the private Member’s Bill process, and we do not know where the Bill will end up, but the issues raised and the principles engaged, and the imperative to keep working at this properly, to the benefit of the people of Northern Ireland in our United Kingdom, will not be diminished today, and they will not go away.

--- Later in debate ---

[Claire Hanna]

Of course I was listening. I do listen, and as the hon. and learned Member said, I try to find consensus, but people were forced to listen, because—for whatever reason—large parts of the media have indulged this argument for many years. He knows that he has had an outsized platform in the media. We have listened and tried to resolve this issue. As I have stated very clearly numerous times over the past eight years and in the past few minutes, unfortunately, no consent for Brexit was sought or given. That decision was not afforded the luxury of being cross-community, so we have to protect the mitigations through a majority vote as well. As I say, everybody wants to solve the problems, but I do not hear any solutions. We get more of the magical sovereignty dust, the Henry VIII powers, and suggestions that some future Minister will come up with some solution that has not appeared in the past eight years. This is about solving problems, Jim; that is what people elect us to do.

[Madam Deputy Speaker (Caroline Nokes)]

Order.

[Claire Hanna]

I will tell the hon. and learned Member for North Antrim that our constituents elect us not to mine grievances, or to use the protocol as a receptacle for every bit of frustration about progress and the modern world, but to solve the problems that are before them. That is all that is left for us to do, calmly as leaders and as neighbours—to work through the challenges, streamline the processes, find workarounds and accept the honour of compromise. We got Brexit, which a lot of us did not want, but we are also getting the protections to help mitigate it and reconcile it with our politics and our geography.

I said this earlier, and will say it again: hundreds of thousands of us constitutionally compromise every day, because we are democrats and because we accept the principle of consent and the framework that most people in Northern Ireland want. There was, if not rejoicing, certainly respect for the fact that the Democratic Unionist party appeared to accept that in February, when it brought back the Assembly and agreed to work through these solutions, but it continues to rankle with people that constitutional compromise is expected of those of us who are not Unionists, but will not be tolerated by those who are. Let us move forward—that is what the people have consistently asked us to do in eight elections, and it is what the Assembly asked us to do last week. Let us grab the opportunities. Yes, dual market access is not perfect, but we have heard from businesses time and again that the first thing they want from us is stability. I am begging Members opposite to ensure that stability, and not to tear down the structures that it has taken eight years for us to create. I do not believe the electorate will forgive you if you do that.

[Madam Deputy Speaker (Caroline Nokes)]

“Him”, not “you”. I call Sir Iain Duncan Smith.

Northern Ireland: Legacy of the Troubles

Caroline Nokes Excerpts

Wednesday 4th December 2024 Commons Chamber

[Madam Deputy Speaker (Caroline Nokes)]

Before calling the Secretary of State to make his statement, I remind the House that on 19 November Mr Speaker granted a waiver from the House’s sub judice resolution in respect of the case of Dillon and others v. the Secretary of State for Northern Ireland. As such, reference may be made to that case during the statement and the questions that follow.

[The Secretary of State for Northern Ireland (Hilary Benn)]

With permission, Madam Deputy Speaker, I would like to make a statement on the legacy of the troubles in Northern Ireland. The timing of the statement was chosen so as not to take time away from the Opposition day debates we have just had, while also enabling the Northern Ireland Court of Appeal to be updated today.

Addressing the legacy of the troubles was one of the aims of the Good Friday agreement, but this task remains incomplete. Too many families I have met have had to wait too long to find out what happened to their loved ones. I have found it difficult to listen to their stories about the brutality of the killings, the way some of them were treated afterwards, and the passing of the years without finding answers.

The approach taken to legacy by the last Government was wrong. It was rejected by the Northern Ireland political parties, victims’ groups and the Irish Government, and it was opposed by the Labour party when we were in opposition. Aspects of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 have now been found by the courts to be incompatible with our obligations under the European convention on human rights. This must be remedied, and the Government are committed to repeal and replace that legislation, as set out in our manifesto.

I am today laying a remedial order under the Human Rights Act 1998 to take the first steps to honour that commitment. This order will remedy all of the human rights deficiencies in the legacy Act identified by the Northern Ireland High Court in February in the case of Dillon and others, and one issue from the Court of Appeal judgment in September. Specifically, the order, if adopted by Parliament, will remove all provisions from the Act relating to the immunity scheme, which—let it not be forgotten—would have enabled any of those who perpetrated the most appalling terrorist crimes to seek immunity from prosecution from the Independent Commission for Reconciliation and Information Recovery, although, as many victims’ families recognise, with the passage of time the prospect of successful prosecutions is increasingly unlikely.

The order will also enable all civil proceedings that were prohibited by the legacy Act, including future cases, to proceed. This means that individuals will once again be able to bring troubles-related cases to the civil courts—a basic right denied them by the legacy Act.

In addition to laying this remedial order, I can also announce today that I will introduce primary legislation when parliamentary time allows. This legislation will implement our promise to restore inquests, starting with those that were previously halted by the legacy Act. It will also, in direct response to the Northern Ireland Court of Appeal’s findings, amend the disclosure regime so that it is fair, transparent and, crucially, allows for the greatest possible disclosure of information, following very closely the model for statutory inquiries and other established processes.

We will also ensure that, in specific circumstances—namely, in cases that are unable to proceed as an inquest—the independent commission is able to hold public hearings, take sworn evidence from individuals and ensure that families have effective representation. Although the courts have found the commission be sufficiently independent to conduct article 2 compliant investigations, the confidence of families in its work is paramount, so we will make further changes to reform and strengthen the commission’s independence, powers and accountability. As part of this work, we will consider provisions previously included in the draft Stormont House agreement legislation, as well as learning from the experience of Operation Kenova.

The steps I am outlining today seek to correct the mistakes of the previous Government’s approach, ensure compliance with the ECHR and deliver on what this Government have promised: the removal of conditional immunity; the reinstatement of legacy inquests halted by the legacy Act; restoring civil cases; and reforming ICRIR, while enabling it to continue working on behalf of the growing number of families who have already sought its help.

The many conversations that I have had with interested parties in recent months have been invaluable in the development of this approach. I will now undertake further discussions on specific measures to be included in primary legislation so that, together with the remedial order, the Government fulfil our commitment to repeal and replace the legacy Act. This will include families, victims and survivors groups, Northern Ireland parties, civil society and the veterans community, recognising the dedicated service of the vast majority of police officers, members of the armed forces and the security services who did so much to keep the people of Northern Ireland safe during the troubles. I want to take the opportunity to reassure the House that the Government are committed to ensuring that veterans receive the right welfare and, where appropriate, legal support.

I will, of course, also continue to have detailed discussions with the Irish Government, who, as co-guarantors of the Good Friday agreement, are an essential partner in this process. I hope that the UK and Irish Governments will be able to agree a way forward that is underpinned by the principles set out in the Stormont House agreement.

I am sure that everyone recognises that, as time passes and families grow older, we need to get on with enabling them to obtain the information, accountability and acknowledgement that they have long sought. In parallel, the Government also need to set out the grounds for appeal on elements of the Court of Appeal judgment. As I have said, the Government will use primary legislation to respond directly to a number of the Court of Appeal’s findings on disclosure. However, the primacy of the Executive in decisions relating to the security of the state is a principle long recognised by UK courts and is a crucial element of our ability to keep people safe. For this reason, we will appeal the Court’s specific finding relating to the Secretary of State’s power to preclude the disclosure of sensitive information in circumstances where such disclosure would prejudice the national security interests of the United Kingdom.

Furthermore, the Court’s findings relating to effective next-of-kin participation in cases that would otherwise be inquests raise issues that could reach far beyond the scope of the legacy Act. It is important that the Government seek legal clarity from the Supreme Court, and that is why we have decided that the Government must seek to appeal on this particular issue as well. The Government will also pursue an appeal in relation to the findings on article 2 of the Windsor framework, for reasons I set out in my written ministerial statement of 29 July.

I would like to say as clearly as possible that these decisions on appeal are to address wider concerns and their potential impact far beyond the legacy Act and Northern Ireland. They will not slow down our efforts to seek agreement and bring forward legacy legislation so that the ICRIR, which has begun its work, can demonstrate its capacity to assist victims and families.

Finally, what is all this for? It is to ensure that families who have lost loved ones—families who above all should be in our hearts and minds today—can finally learn what happened. Nothing will ever ease the pain that they endure to this day, but we must hope that society in Northern Ireland, which has come such a long way since 1998, can begin to heal the terrible wounds of the past and look to a better future. I commend this statement to the House.

[Madam Deputy Speaker (Caroline Nokes)]

I call shadow Secretary of State.

--- Later in debate ---

[Hilary Benn]

The hon. Gentleman has no reason to apologise to anybody, because he has just demonstrated what I said in my statement about the pain that endures to this day on the part of families who have lost dearly loved family members. The way that he put his question, and the emotion that he was not afraid to show—I think he had no control over it; of course not, because this is how we feel when we reflect on these terrible incidents. He mentioned one of those killings, and here we are in December, which is a particularly difficult time of year. There are a number of anniversaries, and we are approaching Christmas, when we feel the loss of loved ones so greatly.

We have to work together as hard as we can to provide—if it is possible, because it may not be possible in all cases—the means through which the families can get some answers about what happened. But in the end, each family has to come to terms with the loss that they have endured in their own way. I cannot think of anything that is more difficult to do, but we need to stand with them every step of the way. I stand with the hon. Gentleman—he is my hon. Friend—in saying that.

[Madam Deputy Speaker]

I thank the Secretary of State both for coming to the House to give his statement and, indeed, for the timing of it; it is hugely appreciated.

Abortion in Northern Ireland

Caroline Nokes Excerpts

Thursday 25th March 2021 Commons Chamber

[Brandon Lewis]

I appreciate all the right hon. Lady’s comments. There are two clear messages. First, I thank all those medical professionals for the work they have been endeavouring to deliver; as I say, there has been some provision on the ground since April last year, with around 1,100 women and girls looked after. Secondly, however, we recognise the need to ensure that, while Parliament considers these regulations, we work with the Department of Health in Northern Ireland to commission these services in the way that it should have been doing in the first place, rather than our having to take action here in this Parliament.

[Caroline Nokes (Romsey and Southampton North) (Con) [V]]

Yesterday, the Women and Equalities Committee heard from the Northern Ireland Human Rights Commission on this subject. We heard harrowing stories, as my right hon. Friend the Secretary of State has pointed out, including of women forced to take overnight ferries to the United Kingdom for a termination having to return the same day, because of course, during the pandemic, no hotels were open for them to stay in. I know he takes this duty seriously and that we are discussing this today because of the failure to commission safe services locally. I thank him for the action he is taking, but also ask that he uses every endeavour to make sure that services are commissioned swiftly, so no more women have to make those journeys.

[Brandon Lewis]

My right hon. Friend is absolutely right. I give her my assurance that we will continue to work with the Department of Health to ensure that it commissions these services as quickly as possible. Obviously, the principle of these regulations, which are subject to the affirmative procedure here in the House, means that we will have the power to direct should we need to do so. I hope that, in the next few weeks, while Parliament debates and discusses this issue, the Department of Health, which we stand ready to support and work with, is able to commission these services locally, so that, as she outlined, women and girls in Northern Ireland can get good, appropriate healthcare, in the way that anyone across the United Kingdom can, locally in Northern Ireland. That is what should happen, and I hope that it will, but we must make sure it does.

Abortion (Northern Ireland) (No. 2) Regulations 2020

Caroline Nokes Excerpts

Monday 8th June 2020 General Committees

[The Chair]

As this DL relates to Northern Ireland only, the debate can last for two and a half hours.

[Caroline Nokes (Romsey and Southampton North) (Con)]

On a point of order, Sir David. You said earlier that there was a limit on the number of people who could be in the room—people, not Members. May I just ask you to clarify how many that is, please?

[The Chair]

The number is 22. I hope that I am not going to be embarrassed to find out that there are already more than 22—[Interruption.] It is 18 plus eight in total. Apparently, it is 22 in front of me, so I assume that means 22 in what is the normal body of the room, and then it is eight beyond that. I wish we were not in these circumstances.

Abortion Regulations: Northern Ireland

Caroline Nokes Excerpts

Thursday 4th June 2020 Commons Chamber

[Mr Walker]

The hon. Lady makes an important point. I recognise that, along with thanking the former Secretary of State, I can probably thank her for the fact that I am here answering this urgent question. It is important that we end the need to travel, which is what these regulations properly implemented should do. She will recognise that that cannot necessarily be done instantly, because of issues with facilities, training and other such things that my right hon. Friend the former Chair of the Select Committee has raised. We recognise that fact in continuing to fund and support travel in the interim. As I have said, however, we will work with the Department of Health in Northern Ireland, provide it with the support it needs and continue to engage with the relevant medical bodies to make sure that this process can be completed as quickly as possible. I join her in once again urging the Assembly to engage and support this actively in order to make sure we have a set of measures in place that can deliver for women and girls in Northern Ireland.

[Caroline Nokes (Romsey and Southampton North) (Con)]

I thank my hon. Friend for the sensitive and careful way he has approached these regulations. Does he agree that for every eminent legal opinion there is always an opposing view and that the right place to scrutinise that is in Committee, where these regulations will shortly be, and that the right thing for the Government to do is to uphold the CEDAW regulations, be compliant with our human rights obligations and do the right thing by all women and girls in the United Kingdom?

[Mr Walker]

I can only say yes.

Oral Answers to Questions

Caroline Nokes Excerpts

Wednesday 16th July 2014 Commons Chamber

[The Prime Minister]

First, it is welcome news that under this Government the pay gap for those below the age of 40 has all but disappeared, so we are making progress. I am happy to confirm that the Leader of the House of Lords will do the same job as her predecessor, will sit at the same place round the Cabinet table as her predecessor, and will receive the same amount of money.

[Caroline Nokes (Romsey and Southampton North) (Con)]

Q4. Charlotte’s Helix is part of an international research project seeking to establish a link between the DNA of anorexia nervosa sufferers. This afternoon, the project is coming to Parliament, seeking to obtain DNA samples from former sufferers, including my hon. Friend the Member for Braintree (Mr Newmark). Will my right hon. Friend commend the work of Charlotte’s Helix and all those who have been brave enough to speak out about their struggles with eating disorders?

[The Prime Minister]

I thank my hon. Friend for raising that issue. I am sure that everyone in the House has friends or family who have been affected by the condition and who desperately want to see the help that we provide as a country improve. I commend the bravery of all those who have spoken out about their experience with eating disorders. It is not an easy thing to do. We need to learn more about these conditions so that we can provide the right kind of support. In that context, what the Government are doing about parity of esteem for mental health conditions is also important.