Northern Ireland (Executive Formation etc) Bill

Chris Heaton-Harris Excerpts

2nd reading
Tuesday 29th November 2022 Commons Chamber

[The Secretary of State for Northern Ireland (Chris Heaton-Harris)]

I beg to move, That the Bill be now read a Second time.

Three weeks ago, I stood at this Dispatch Box setting out my profound regret that the Northern Ireland Executive had not been restored by the legal deadline of 28 October. As I said then, I believe strongly that the people of Northern Ireland deserve a functioning Assembly and Executive, where locally elected representatives can address issues that matter most to those who elect them. That has been denied to the people of Northern Ireland since February, and Northern Ireland has been without fully functioning devolved institutions for the bulk of this year. That is both unacceptable and a cause for alarm.

What the people of Northern Ireland would welcome is getting their devolved institutions up and running. They are worried that almost 187,000 people in Northern Ireland have been waiting for more than a year for their first out-patient appointment; they are concerned that there is a higher share of working-age adults in Northern Ireland with no formal qualifications than anywhere else in the UK; and they are worried that a quarter of children in Northern Ireland are growing up in poverty.

There is also a legitimate and strong concern about the functioning of the Northern Ireland protocol. This concern is felt very strongly indeed in the Unionist community. It is clear, though, that the Executive will not return overnight, and that a further election in the immediate term would be unlikely to produce a significantly different result.

[Ian Paisley (North Antrim) (DUP)]

I thank the Secretary of State for giving way so quickly into his speech. He used the term “considerable alarm”. I wonder whether he is pondering what is taking place in the Hutch criminal trial in the courts in Dublin and the implications that the outcome of that trial could have for the operation of any political activity not only in Northern Ireland, but in the Republic of Ireland. Is that being factored in to the Secretary of State’s alarm?

[Chris Heaton-Harris]

The trial is certainly being watched assiduously by my officials and me. However, this Bill is about the restoration of the Executive in Northern Ireland—something that is very important indeed. Unfortunately, the time has come for the Government, and indeed for hon. and right hon. Members in this House, to take action in response to the governance gap that has emerged in Northern Ireland, and that is what this Bill seeks to do.

[Gavin Robinson (Belfast East) (DUP)]

The Secretary of State outlines his disappointment that we do not have functioning devolution in Northern Ireland and I share that disappointment, but he knows acutely why the Government are not functioning in Northern Ireland. Instead of sharing his disappointment, can he tell us why, in the three weeks since the duty to call an election—or the past 10 months—there has been no fundamental, sincere or considered progress on resolving the Northern Ireland protocol?

[Chris Heaton-Harris]

I am afraid that it is unfair of the hon. Gentleman to say that. He and this Government are absolutely not commenting day-to-day about the talks between this Government and the European Commission. As both the Foreign Secretary and I have set out at the Dispatch Box, we will continue not to do that.

[Simon Hoare (North Dorset) (Con)]

rose—

[Chris Heaton-Harris]

I will give way one more time.

[Simon Hoare]

While there is probably never a good time to collapse Stormont, does my right hon. Friend agree that, at a time of pressing problems occasioned by a cost of living crisis and with all the concerns that affect all communities and both traditions across Northern Ireland, now is most certainly not the time to be depriving Northern Ireland of its elected representatives who serve the good people who put them there?

[Chris Heaton-Harris]

I thank my hon. Friend, the Chair of the Select Committee, for his point. Although I agree with him, I cannot put myself in the shoes of those who represent the different communities in Northern Ireland. I understand the views and the strongly held sentiment about the functioning of the Northern Ireland protocol and the concern that there is within the Unionist community. That has been borne out by polls across the piece.

[Several hon. Members rose—]

[Chris Heaton-Harris]

I feel that I have provoked all sorts of things. I hope that colleagues will forgive me if I take three interventions and then move on, because there is also a football game to get to at the end of the day.

[Jim Shannon (Strangford) (DUP)]

In Northern Ireland, 17% of people are in poverty, and 12% in absolute poverty; I understand what the Chair of the Select Committee is referring to when it comes to addressing that. The Government went through the legislation in this House to ensure that the money offered on the UK mainland is equal to that offered in Northern Ireland. If the Government move with some urgency to ensure that that happens—on energy prices and everything else—the fact that the Northern Ireland Assembly cannot operate today because of the Northern Ireland protocol should not in any way hold up help going to people who are very much in need.

[Chris Heaton-Harris]

But, unfortunately, it did. When Ministers were in place they were unable to help us with the money going through the system. Now, as per the responses to the urgent question and to the questions to the Secretary of State for Business, Energy and Industrial Strategy earlier, there are unbelievable difficulties in the UK Government doing what the hon. Member and I both want to happen.

[Brandon Lewis (Great Yarmouth) (Con)]

I thank my right hon. Friend for his generosity in taking interventions. He is quite right about the budgetary challenges facing the people in Northern Ireland at this time, with the economic structures and problems we are seeing, which is why it is so important that we see Stormont back up and running. We all know—this has been touched on already—why Stormont is not functioning, so does he agree that it is imperative that the European Union understands the strength of feelings in Northern Ireland, across communities but particularly in the Unionist community? Without my right hon. Friend commenting on the detailed negotiations, does he not agree that the European Union must show flexibility in allowing an agreement to be formed between it and the UK Government that will facilitate Stormont’s getting back up and running, especially with the 25th anniversary of the Good Friday agreement close upon us?

[Chris Heaton-Harris]

I thank my right hon. Friend for his wise words. I know, because I was present in some of the meetings, that he articulated those words directly to representatives of the European Commission when he was Secretary of State, and he is completely right in what he says.

[Paul Girvan (South Antrim) (DUP)]

I go back to the intervention by the Chair of the Northern Ireland Committee and state that, while the cost of living is affecting everyone in Northern Ireland, it is exacerbated by the protocol and the costs that are being added on to every single basket of shopping bought in Northern Ireland.

[Chris Heaton-Harris]

The hon. Gentleman makes a fair point that is well evidenced; that is why the protocol needs fixing.

I have separately set out in a written statement to this House how the Government intend to respond to the budgetary issues that have arisen in Northern Ireland. I do not intend to go into the detail of the budget now, but right hon. and hon. Members will see from the written statement just how difficult the fiscal situation in Northern Ireland is at present. The Government will be bringing forward a separate budget Bill in which more detail will be provided, and no doubt this House will want to consider that Bill particularly carefully.

[Colum Eastwood (Foyle) (SDLP)]

Does the Secretary of State agree that New Decade, New Approach contains many commitments, such as funding the Northlands Addiction Treatment Centre, the Magee university expansion and the Brandywell stadium—all in my constituency—and that in this new context they should not be seen as controversial but should be able to get funded even though we do not have Ministers in the Executive?

[Chris Heaton-Harris]

I believe I have just laid a written ministerial statement to give an update on how the Government are delivering on the commitments in the New Decade, New Approach paper. The hon. Gentleman is quite right that all these things can happen simultaneously or separately and at different speeds, and have done, but there is also a fundamental issue, which was noted at that time, with the protocol. This Bill, though, is about creating the conditions in which key decisions in Northern Ireland can be taken, including on the implementation of the budget, rather than the content of the budget that I was describing before the intervention.

I will briefly summarise the overall intention of the Bill before running through its provisions. At the outset, though, I must say that I am grateful to those on the Opposition Benches—all of them—for their co-operation in moving this Bill forward. Specifically, though I know I should perhaps save this for Third Reading, I thank the shadow Northern Ireland Secretary, the hon. Member for Hove (Peter Kyle), for the constructive and cross-party fashion in which he and others on the Opposition Front Bench have approached this Bill, both in this place and the other place. I am also grateful to him for speaking to me on this important Bill over the weekend and for speaking to my hon. Friend the Minister of State yesterday evening.

The Bill broadly seeks to do three main things. It retrospectively extends the period of Executive formation for two six-week periods. That means, subject to the agreement of this House and the other place, that if an Executive is not formed within those timeframes, the election duty placed on me will kick in after the second extension of six weeks, on 20 January 2023.

[Stephen Farry (North Down) (Alliance)]

I ask the Secretary of State to reflect on the disjoint between the timetable he is setting out today for restoration of the Executive and the current pace of negotiations with the European Union. Does he not recognise the need for him to build in some further flexibility, to avoid a situation where he has to call an election at a time when the negotiations are coming to a conclusion and potentially inside that tunnel, given that an election may be very prejudicial to securing a stable outcome and to getting the necessary compromise so that Northern Ireland can move forward?

[Chris Heaton-Harris]

I thank the hon. Gentleman for his intervention and for his message to me on the subject earlier. I completely understand the point he makes, but I am hopeful that we can do the work that needs to be done within the timeframe that we are setting down now.

Returning to the Bill, the second main thing it does is to clarify the decisions that civil servants in Northern Ireland Departments can take in the absence of Northern Ireland Ministers, so that decisions in crucial areas such as public sector spending and the maintenance of public services can continue to be taken in the absence of an Executive.

[Dame Maria Miller (Basingstoke) (Con)]

My right hon. Friend talked about the importance of public services; many of us in this House have been talking in particular about the provision of abortion services in Northern Ireland, which the Government made a very helpful statement on last month. Can he update the House on how those services are being put in place? Many want to ensure that the legislation we passed here about two years ago will lead to an improvement in provision for women in Northern Ireland.

[Chris Heaton-Harris]

I can give a brief update. Indeed the hon. Member for Walthamstow (Stella Creasy) tabled amendments on that matter earlier, so I believe she might want to come in at this point, and then I should be able to answer.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

It is now 1,134 days since this House passed the Northern Ireland (Executive Formation etc) Act 2019 and 973 days since the Abortion (Northern Ireland) Regulations 2020 were laid to give effect to it. Women in Northern Ireland have been waiting patiently for safe, legal and local abortion services. Can the Secretary of State tell us how many more days he thinks it is acceptable to ask them to wait, now that he has the powers and the money to deliver those services? Would 90 days be enough, for example?

[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.

[Chris Clarkson (Heywood and Middleton) (Con)]

Conservatives believe that work should pay and that those who choose not to work should not be as well off. We are now hearing that civil servants will have to discharge some ministerial functions. The Secretary of State mentioned that he will have the power to vary the pay of MLAs. It will stick in lots of people’s throats that, during a cost of living crisis, MLAs are receiving full wages for doing half a job. Will he look at that urgently?

[Chris Heaton-Harris]

I absolutely will. Indeed, depending on the passage of the Bill through this House and the other place, when the power falls to me, I intend to act on it rapidly. I am fully aware that it is a heartfelt plea from the people of Northern Ireland that their politicians should be active in the Assembly and working on these issues—people are quite cross that they are not.

[Ian Paisley]

Is the Secretary of State equally deeply angry about those abstentionist MPs from Northern Ireland who get allowances and run offices but do not take their seats in this House, and is he prepared to take immediate action and amend his own activities today by removing those allowances? Will he be consistent on that matter?

[Chris Heaton-Harris]

The hon. Gentleman will be talking about Sinn Féin Members of Parliament. I guess I would compare their take-home pay, allowances and everything with his—it would not be the same. I am just essentially taking the same principle and using it in a slightly different way.

We do not, I am afraid, have the luxury of waiting for a restored Executive to take these key decisions. That is why it is right that we give civil servants the legal cover to keep things moving. To aid them in doing that, I will shortly publish draft guidance on taking decisions in the public interest and on the principles that should be taken into account in deciding whether or not to do so. Again, that mirrors the approach that was taken previously in 2018. Final guidance will be published after Royal Assent. We recognise, though, that this is not a long-term solution, and civil servants cannot be left to take decisions indefinitely. That is why these provisions will last for six months or until an Executive reforms—whichever is sooner.

Clauses 6 to 9 make provision for certain public appointments that would usually have to be made by, or require their approval of, Ministers. That largely mirrors provision made in the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018. This is another sensible step and will ensure that key appointments, which are necessary to maintain governance and public confidence in the institutions in Northern Ireland, can still be made.

Clause 10 will allow me to do something that has just been mentioned: take action when it comes to the pay of Members of the Assembly—or MLAs, as they are usually known. At a time when taxpayers’ money, and indeed taxpayers themselves, are under enormous strain, it is simply not acceptable that MLAs continue to draw a full salary while unable to conduct the full range of functions for which they were elected. The clause will therefore allow me to amend the pay of MLAs in this and any future periods of inactivity, drawing on sections 47 and 48 of the Northern Ireland Act 1998.

[Simon Hoare]

Clearly, the vast majority of MLAs want Stormont up and running. They want to do 100% of their jobs seven days a week, rather than the 50% that they are able to do at the moment. Can my right hon. Friend assure me that he has robustly explored employment law—and if he has not, that he will do so—and that it would allow only for those who refuse to attend to have a pay cut? Those who wished to attend but could not because somebody was exercising their veto should not see their income reduced through no fault of their own.

[Simon Hoare]

Precisely—I agree.

[Chris Heaton-Harris]

Amid the interesting debate that is going on across my shoulder, I can honestly say to the Chair of the Northern Ireland Affairs Committee, my hon. Friend the Member for North Dorset (Simon Hoare), that I have sought and received lots of advice on that very issue. It is judged that, legally, I would be in a very safe place to do exactly as I am doing, but to differentiate would put us into a different place whereby I could be legally challenged or, potentially, legally challenged.

[Simon Hoare]

As many Members have said, the Secretary of State is being very generous with his time. He said that he would run the risk of being judicially reviewed. All Ministers of the Crown in this place run that risk. May I urge him to think again, because the risk would be worth it given the situation we are in?

[Chris Heaton-Harris]

I think I might arrange for my hon. Friend a meeting with my Department’s lawyers, who will happily take him through the issues, the various risks that they are running at this point in time, and the number of cases that we have.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

I assure the hon. Member for North Dorset (Simon Hoare) that if he has his way, and believes that that will make any difference whatever to the principled stand that my party is taking based on the mandate we were given in the Assembly election, he is gravely mistaken.

[Chris Heaton-Harris]

I seem to be in the middle of an argument between two great gentlemen of this House, so I will just tactfully duck and continue with my contribution, because I know that people would like me to move on.

Any determination made by me once the provisions come into force will, I anticipate, take into account the independent analysis produced in the previous political impasse. Again, there is precedent for these powers—the Government took similar action in 2018 to deliver recommendations produced by that analysis.

However, there is an important difference that the House should note: I will retain the power to set MLA pay in future instances where the Assembly is unable to elect a Speaker and deputies following an election. The power would then snap back to the current arrangement when those roles are filled, the Assembly can conduct business and MLAs are fulfilling the full range of functions expected of them. That will mean the Government do not need to return to the House on this matter if the institutions cease to function in the future, which, of course, I hope will not be the case.

[Julian Smith (Skipton and Ripon) (Con)]

It is worth confirming to the House that all MLAs, from whatever party—even if some of those parties do not want to be part of the Executive—are working on their constituency work, which is difficult and particularly busy at the moment. We have the biggest and most diverse set of MLAs in the Assembly’s history, and it is worth speaking up for that group.

[Chris Heaton-Harris]

I thank my right hon. Friend, the former Secretary of State for doing exactly that. I am fully aware that MLAs, whatever their political stance or party, do good work in their constituencies, which is why the approach I have set out today is the one I hope to take. I am grateful to my hon. Friend the Member for North Dorset, the Chair of the Select Committee, who has tabled a number of amendments on MLA pay that seek to strengthen provisions in the Bill. I know that he has spoken to the Minister of State, my hon. Friend the Member for Wycombe (Mr Baker), and I am sure there will be a bit more of this debate in Committee.

Finally, I draw the House’s attention to a few other provisions in the Bill. Clause 11 confers on me a power to set through regulations the regional domestic and non-domestic rate in Northern Ireland for the financial year ending 31 March 2024. Those rates must be set for every financial year. The regional rate is normally set by the Northern Ireland Department of Finance by way of affirmative order in the Northern Ireland Assembly and comprises rates charged to domestic and non-domestic properties in Northern Ireland. In the continued absence of an Assembly and Executive, this power is an insurance policy where there is continued stasis after a further election, and it will allow the UK Government to set these rates as required. Clauses 12 to 15 are minor and consequential.

No Northern Ireland Secretary would want to introduce a Bill of this nature. As we approach the 25th anniversary of the Belfast/Good Friday agreement, we should be celebrating the progress that Northern Ireland has made since that historic agreement, which is undeniably substantial. As I said in my statement to Parliament, this Government will always seek to implement, maintain and protect the Belfast/Good Friday agreement. This Bill will help to do that, providing short-term cover to plug the governance gap in Northern Ireland, but it is not a long-term solution to the issues with which Northern Ireland is grappling. Those are for a newly reconstituted Northern Ireland Executive and Assembly to solve.

[Mr Laurence Robertson (Tewkesbury) (Con)]

My right hon. Friend is right to introduce this Bill, which I am happy to support, but with the time that he is buying with the Bill, will he make sure that the Northern Ireland Protocol Bill is taken through the Lords rather more quickly than it is presently? That will give him strength in the negotiations with the European Union and then we can get the whole matter sorted properly.

[Chris Heaton-Harris]

In my former role as Government Chief Whip, this place having any sway over what happened at the other end of the building would have been a pleasurable occurrence. I cannot give my hon. Friend that assurance, but I can assure him that a huge amount of work is going on in that area.

The people of Northern Ireland want their elected representatives to get round the table again and get back to power-sharing. I hope the measures in this Bill go some way to providing the space and time for that to happen, but if the Executive and Assembly are to return, it will require the determination, creativity and compromise of those who hold the keys. I know they are up to the task, but for now I commend this Bill to the House.

--- Later in debate ---

[Mr Gregory Campbell (East Londonderry) (DUP)]

It is a privilege to speak with you in the Chair, Mr Deputy Speaker. I am delighted to follow my esteemed colleague and friend, the right hon. Member for Beckenham (Bob Stewart).

In speaking to the Bill, I will limit my remarks to a small number of areas. The first is the matter of MLAs’ pay, which has been alluded to not only in the Chamber but more widely as a significant contributor to the moving of the Bill. The Secretary of State helpfully introduced the Bill last week. I shall quote from what he told us:

“It is also unacceptable that Members of the Legislative Assembly (MLAs) should continue to receive full remuneration from the public purse when they are not fulfilling their Assembly duties”.

That is the justification for that portion of the Bill.

I presume that if I were to ask the Secretary of State—which I may well—whether his Government are acting with a very even hand in relation to all aspects in Northern Ireland, and whether he wants to ensure that what he applies to one community is applied equally to the other, I would not see him in any way diverting from that. Indeed, I can almost see him nodding in acclamation: that the Government want to treat everyone equally, and that that has been the sum and substance of what he and previous Secretaries of State have said on previous occasions.

If this Government are treating everyone equally in respect of the potential to reduce MLAs’ salaries—on the basis of what the Secretary of State has said in introducing the Bill about it being unacceptable that they should continue to receive full remuneration from the public purse when they are not fulfilling their duties—I trust that he has had some level of conversation with the Leader of the House on the almost reprehensible nature of the fact that there are MPs who do not fulfil their duties in this House. Having done some research and received answers to parliamentary questions I have tabled about representation moneys, I know that they receive funding of not thousands, not tens of thousands, not even hundreds of thousands, but millions of pounds. In the past 10 years, those who do not fulfil their duties as Members of Parliament in this Parliament have received £10 million—ten million pounds—so I trust that, in conjunction with this Bill, the Northern Ireland Office has had conversations with the Leader of the House about wanting to treat everyone equally. I am sure that those conversations have taken place and that they have been along the lines of, “We’re going to introduce this Bill to ensure that MLAs don’t get the full remuneration from the public purse, but you’re going to have to introduce something similar in this House, so that Sinn Féin MPs or anyone else who doesn’t fulfil their duties also don’t receive remuneration from the public purse.”

[Chris Heaton-Harris]

I am curious as to whether the hon. Gentleman knows that Sinn Féin Members do not receive their parliamentary salaries.