Northern Ireland

Debate between Chris Heaton-Harris and Ian Paisley

Thursday 1st February 2024 Commons Chamber

[Chris Heaton-Harris]

It is the UK Government in that area.

[Ian Paisley (North Antrim) (DUP)]

Further to that point, in respect of paragraph 96 of the Command Paper, will the Secretary of State outline whether he expects further SIs in the pipeline to give full effect, impact and clarity to the issues raised in this wide-ranging document?

[Chris Heaton-Harris]

We will give legal direction to the Department of Agriculture, Environment and Rural Affairs on these matters. We will use other legal instruments for the deal, but it is for us to give legal direction to DAERA on that point.

Northern Ireland Executive Formation

Debate between Chris Heaton-Harris and Ian Paisley

Wednesday 31st January 2024 Commons Chamber

[Chris Heaton-Harris]

I thank my hon. Friend for his kind words. The factually correct answer is probably that those measures will come into place when the legislation is passed through this place.

[Ian Paisley (North Antrim) (DUP)]

The Secretary of State knows that 2025 is just too long to wait for veterinary medicine issues to be resolved in Northern Ireland. That grace period is totally unacceptable. He knows it will decimate veterinary practices, affect farm viability and, according to the British Veterinary Association, have a detrimental impact on public health. In paragraph 141 of this Command Paper, the Secretary of State indicates that he will set up a veterinary medicines working group. I welcome that, but will he confirm that if a speedy solution is not brought forward by the spring, he will table legislation in this House to unilaterally deal with this matter once and for all?

[Chris Heaton-Harris]

The hon. Gentleman is right; I think it is paragraphs 136 to 141 in the Command Paper that detail the issues he has rightly raised in this place, with me privately and in meetings with my officials. It is probably fair to say that he was the genesis of the veterinary medicines working group idea in paragraph 141. That group will receive expert opinion, and that is a vital part of the solution to this problem. My intention is to listen carefully to the group’s recommendations, because it will have the experts in this matter. At that point, he and I can have the next bit of conversation, although I hope that will not need to be the case, because I would like to think we can pursue solutions through technical discussions with the European Union, but let us see.

Oral Answers to Questions

Debate between Chris Heaton-Harris and Ian Paisley

Wednesday 22nd November 2023 Commons Chamber

[Ian Paisley (North Antrim) (DUP)]

10. What discussions he has had with the chief commissioner and the commissioner for investigations at the Independent Commission for Reconciliation and Information Recovery since their appointment.

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

To update the House, Sir Declan Morgan and Peter Sheridan have been identified as chief commissioner-designate and commissioner for investigations-designate, respectively. Sir Declan commenced work in June and Peter Sheridan is due to start in December. Formal appointments will take place only once the Independent Commission for Reconciliation and Information Recovery is legally established. The commissioner-designate and I have been in contact about a range of issues, mainly through correspondence, including in leading the search for the remaining commissioners.

[Ian Paisley]

I am sure that when those meetings finally take place, the Secretary of State will take the opportunity to raise the numerous crimes committed in the Republic of Ireland against Northern Ireland, and challenge them over state-sponsored terrorism there. In his dozens of meetings with Sinn Féin, can the Secretary of State explain if he has taken the opportunity to challenge Sinn Féin about its boycott of the institutions here? When will he ask Sinn Féin Members to come back here and do their job?

[Chris Heaton-Harris]

As you would expect, Mr Speaker, I meet all the political parties and their party leaders in Northern Ireland and here, where their party leaders exist. Everyone knows the views of this Government about people who do not turn up and take the oath in this place, but I have to work with all parties and will continue to do so.

Oral Answers to Questions

Debate between Chris Heaton-Harris and Ian Paisley

Wednesday 6th September 2023 Commons Chamber

[Chris Heaton-Harris]

I thank the hon. Gentleman for his supplementary question. Northern Ireland benefits from being part of the United Kingdom with access to electricity from Great Britain through the interconnector, and it also benefits from being part of the single electricity market on the island of Ireland. I and the Minister of State worked hard to ensure that that was preserved during the UK’s exit from the European Union. We are working very closely with all officials across Government here and in the Northern Ireland civil service to ensure that the right preparations are in place for the winter.

[Ian Paisley (North Antrim) (DUP)]

9. What recent assessment he has made of the availability of (a) veterinary products and (b) horticultural stock in Northern Ireland.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Chris Heaton-Harris and Ian Paisley

Consideration of Lords amendments
Tuesday 18th July 2023 Commons Chamber

[Chris Heaton-Harris]

I am delighted to speak to this Bill following its year-long passage through the other place. I pay tribute to Lord Caine for his expert stewardship of the Bill in that place, as well as to all the Opposition spokespeople for their patience and engagement on the Bill.

Hon. and right hon. Members will know all too well that the legacy of the troubles remains one of the outstanding issues since the Belfast/Good Friday agreement was reached in 1998. As a Government, we have sought to make a realistic assessment of what we can do to best deliver for those affected by the troubles over a quarter of a century after that agreement and well over 50 years since the troubles began. I recognise, and I know the House recognises, that this is a hugely difficult task. That is reflected in the many valiant attempts made to address this issue since the signing of the Belfast/Good Friday agreement all those years ago. It is also incumbent on us to ensure that any process for dealing with the past focuses on measures that can deliver positive outcomes for as many of those directly affected by the troubles as possible, as well as for society in Northern Ireland as a whole. We maintain that the Bill before us is the best way of doing that.

The Bill contains finely balanced political and moral choices that are uncomfortable for many, but we should be honest about what we can realistically deliver for people in Northern Ireland, in circumstances where the prospects of achieving justice in the traditional sense are so vanishingly small. The Bill seeks to deliver an approach that focuses on what can practically be achieved to deliver better outcomes for all those who suffered, including those who served, and it aims to help society look forward together to a more shared future.

The Bill left the House of Commons over a year ago. In that time, my ministerial colleagues and I have held more than 100 meetings with victims groups, veterans groups, Northern Ireland political parties, the Opposition, the Irish Government, academics, US interlocutors and Members of both Houses, in an effort to make meaningful changes to improve the Bill. As a result of that extensive engagement, the Government have brought forward a significant package of amendments that provide greater assurance regarding compliance with our international obligations; enhance the independence of the new Independent Commission for Reconciliation and Information Recovery—I will call that by its catchy nickname, ICRIR, from here on—provide a much greater focus on the interests of victims and families; and strengthen provisions related to the process of granting immunity from prosecution to those who engage meaningfully with the commission, while keeping open the possibility of prosecution for those who fail to do so.

Let me run through the Government’s Lord amendments thematically, as well as our responses to Lords amendments 20 and 44. First there is conditional immunity and incentives to co-operate with the ICRIR. As I said from the outset, the aim of the Bill is to provide more information to more people than is possible under current mechanisms, and we will do that by creating an effective information recovery process. The commission will conduct reviews with the primary purpose of providing answers to those who want them, and will grant immunity from prosecution only if individuals provide an account that is true to the best of their knowledge and belief.

I know that is challenging for many, but conditional immunity is a crucial aspect of the information recovery process. The Government believe it is the best mechanism by which we can generate the greatest volume of information in the quickest possible time, to pass on to families and victims who have been waiting for so long. That is why the Government cannot accept Lords amendment 44, which seeks to remove clause 18 and conditional immunity from the Bill.

As many Members of the House will know, there is a significant precedent regarding limited immunities and amnesties in Northern Ireland and in the Republic of Ireland, following periods of violence. That includes, following the Belfast/Good Friday agreement, an amnesty for the decommissioning of paramilitary weapons, and limited immunity for individuals who share information about the location of victims’ remains. If we look back further, the newly created Irish state legislated three times between 1923 and 1924 for amnesties, dispensing with civil and criminal liability for violence for UK state forces, republicans and Free State forces.

Through Government amendments, we are making the conditional immunity process more robust. That includes amendments to clause 18 in my name, which were agreed in the other place but fell when the clause was removed from the Bill. The commission is already required to consider all relevant information that it holds when forming a view on the truth of a person’s account, as part of their application for immunity, including information obtained through a related review. Through Lords amendment 49, we are strengthening that provision by placing the commission under a positive duty, requiring it to take “reasonable steps” to secure information relevant to that assessment.

The Government are further strengthening the immunity provisions by introducing circumstances under which immunity may be revoked, or may not be granted. I have restored Lords amendment 60, which makes it clear that where a person applying for immunity is subject to an ongoing prosecution, immunity may not be granted if there is a risk that it might prejudice that ongoing prosecution. Through Lords amendment 63 we are creating a new criminal offence for those who wilfully or recklessly choose to mislead the commission when providing information. Individuals who are granted immunity will automatically lose it if they are convicted of such an offence.

[Ian Paisley (North Antrim) (DUP)]

Can the Secretary of State confirm to the House how many ongoing IRA trials are taking place vis-à-vis how many ongoing trials against members of the security services are taking place?

[Chris Heaton-Harris]

I do not have those figures with me, but I will get them from my officials and give them to the hon. Gentleman when, with the leave of the House, I reply to the debate later.

Building on what I was just outlining, Lords amendment 62 ensures that a grant of immunity must be revoked if an individual is subsequently convicted of terrorism offences or offences connected to terrorism committed after the immunity has been granted. That includes offences relating to fundraising, involvement in terrorist fundraising arrangements and the encouragement of terrorism and dissemination of terrorist publications. The offender will also be precluded from obtaining immunity for offences within the scope of the revoked grant.

We are also disapplying the Northern Ireland (Sentences) Act 1998 for future convictions. That means that individuals who choose not to engage fully with the commission and are not granted immunity, but who are subsequently convicted of an offence, will not be able to apply for early release and will be liable to serve a full sentence. I thank my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) for raising that issue before the Bill left the Commons this time last year. Alongside that, having listened to suggestions in the debates in this House, we are increasing the financial penalty for non-compliance with the commission from up to £1,000 to up to £5,000, which is in line with the asks during this Bill’s passage.

--- Later in debate ---

[Chris Heaton-Harris]

Our amendment provides until 1 May 2024 for inquests to conclude. Since the Bill’s introduction, expeditious case management of inquests in order to reach “an advanced stage” has resulted in the overloading of a system that was already struggling under incredible pressure, causing delay and frustration. We hope that the amendment will ensure that resources will now be focused on completing those inquests that have a realistic prospect of conclusion in the next year. The Government expect troubles-related cases that do not conclude via the coronial process by 1 May 2024 to be transferred to the fully operational ICRIR, led by Sir Declan Morgan as chief commissioner-designate, through the use of provisions already contained in the Bill, and I believe that those provisions will allow him to maintain the relevant level of investigation.

[Ian Paisley]

The Secretary of State is very kind and generous to give way. Before he concludes, would he care to mention any response to the Irish Government threat that they intend to take His Majesty’s Government to court on these matters? How does he view that threat, and what has been the response back to the Irish Government, given their own dire record of dealing with legacy?

--- Later in debate ---

[Chris Heaton-Harris]

I thank the hon. Gentleman for his concise argument, but I can also think of no part of Northern Ireland’s history when we have managed to reach a point at which there is consensus on this issue. I believe that the ICRIR will have the ability both to carry out criminal investigations and to conduct reviews and get information for families, and that must be a step forward.

My right hon. Friend the Member for Rayleigh and Wickford (Mr Francois) asked about article 2. Let me make it clear that the Government amendments go no further than existing obligations under the Human Rights Act 1998, and that, specifically, they do not alter the material or temporal scope of those obligations as they apply to troubles-related cases, including those that he mentioned. I think I answered that in a slightly more concise way when he picked it up.

The hon. Member for Hove (Peter Kyle) mentioned a host of things, but I believe he misrepresented the Bill and a number of things in it. What he said about the perjury aspects of the Bill was straightforwardly wrong. Perjury provisions exist in the Bill. Anyone providing an account to the ICRIR when applying for immunity will have to provide an account that is truthful and if they do not, they will not get immunity.

May I start to conclude my comments by thanking my civil servants for all the work that they have done on the Bill, especially over the course of the past year. I would like to think that everybody recognises the huge amount of work that has gone on.

[Ian Paisley]

Will the Secretary of State give way?

[Chris Heaton-Harris]

I am afraid I do not have the time.

I wish to close by reiterating that the Government have sought to make a realistic assessment of what we can best deliver for families, over a quarter of a century after the Belfast/Good Friday agreement and nearly 30 years since the first ceasefires and well over 50 years since the troubles began. I recognise that this is challenging for all those involved, but I am prepared to make this difficult decision to try and help Northern Ireland to take a step forward towards reconciliation. This Government will give people the accountability, acknowledgment and information they require to allow Northern Ireland to become a more reconciled society.

It is a matter for regret, though, that the Labour party would rather see veterans and victims treated the same as terrorists. During the Bill’s Second Reading, in May 2022, the hon. Member for Hove said:

“I have been very clear: I want to make sure that the rights of victims and veterans are equal to the rights of terrorists and people who committed crime in the era of the troubles”.—[Official Report, 24 May 2022; Vol. 715, c. 193.]

Northern Ireland

Debate between Chris Heaton-Harris and Ian Paisley

Wednesday 22nd March 2023 Commons Chamber

[Chris Heaton-Harris]

I think I should now continue with my speech, so that I can explain all this to the House.

The brake is triggered if 30 Members of the Legislative Assembly from two parties object to an amending rule or regulation. These MLAs can be from the same community designation, so they can, in theory and in practice, come from two Unionist parties, or indeed two nationalist parties. The exercise of the brake will require no other process and no vote in the Assembly. Once the brake has been pulled, the law will automatically be disapplied in Northern Ireland after two weeks. The EU can challenge the use of the brake only through international arbitration, after the law has been suspended, where the bar to overturn it will be exceptionally high.

The Stormont brake is one of the most significant changes that my right hon. Friend the Prime Minister has secured. It is a robust change that gives the United Kingdom a veto over dynamic alignment with EU rules but, just as importantly, the regulations we are debating today put the democratically elected representatives of the people of Northern Ireland in the driving seat when it comes to whether and when that veto will be used.

[Ian Paisley (North Antrim) (DUP)]

I thank the Secretary of State for giving way. Could he answer, very clearly, this one simple question? Is it not the case that every single lorry that departs from the port of Cairnryan to Northern Ireland will have to have customs declaration papers for every product on that vehicle? Is it right that a vehicle travelling from one part of the United Kingdom to another part of the United Kingdom continues to be treated in that way?

[Chris Heaton-Harris]

Those vehicles will be using the trusted trader service. There will be 21 fields of information, mostly auto-populated, which will mean no certificates will be needed from vets or other third parties—

[Ian Paisley]

That is wrong.

[Chris Heaton-Harris]

I would say to the hon. Gentleman that I think I am right.

Northern Ireland (Executive Formation) Bill

Debate between Chris Heaton-Harris and Ian Paisley

2nd reading
Wednesday 22nd February 2023 Commons Chamber

[Chris Heaton-Harris]

The right hon. Gentleman is completely right that the people of Northern Ireland end up suffering from not having functioning institutions working for them.

The Bill provides me, as Secretary of State, with the important ability to call an early election, provided that offices have not been filled. Taken together, these provisions represent a delicate balance. Eventually, if the political impasse in Northern Ireland continues, people in Northern Ireland will rightly expect to return to the polls to have their say. However, the prospect of forcing an election when it would be unwelcome or unhelpful runs contrary to our goal of providing the time and space we need for our negotiations with the European Union on the protocol to continue to develop, and for an Executive to form.

Members with a keen eye for detail will no doubt have noticed that, unless an early election is called, the extension provided for by the Bill will run past the date on which the decision-making provisions contained in the Northern Ireland (Executive Formation etc) Act 2022 lapse, namely, 5 June 2023. During the Act’s passage late last year, we were clear that the current governance arrangements were not a sustainable long-term solution. I am therefore keeping those arrangements under review, in the continued absence of fully functioning devolved institutions, but I sincerely hope that an Executive are in place before those arrangements expire.

In the meantime, the provisions of the 2022 Act and its accompanying guidance provide Northern Ireland civil servants with the clarity they need on how and when they should be taking decisions. The decisions they have been taking under the 2022 Act are being published to ensure complete transparency. I am truly grateful for the work of Northern Ireland civil servants in making use of those provisions to maintain public services in Northern Ireland, but, as I have said many times, the right people to take those decisions are locally elected politicians, who should be doing their jobs in an Executive. The current arrangement is not and can never be a substitute for fully functioning devolved institutions.

I know everyone in this House has been deeply moved by the courage shown by a very young man, Dáithí Mac Gabhann. He and his whole family have fought for the implementation of organ donation changes. I recently met Dáithí and his family, and I met them again this morning. I am incredibly moved by his story and by his family’s dedication to seeing this important change to the law on organ donations in Northern Ireland implemented as quickly as possible.

I am a bit of a stickler for how we do things in this place, and I would never want to go against “Erskine May,” but Dáithí and his family are with us in the Gallery today. I am sure hon. Members will wish to join me in welcoming him and commending the whole family for their valiant efforts. They should not need to be here today to see this change, as the Assembly could and should have convened to take this across the finish line.

As I said in my letter to the Northern Ireland parties, they continue to have it within their power to recall the Assembly and deal with secondary legislation such as the regulations in this case. That would only require Members of the Legislative Assembly to work together to elect a Speaker—not necessarily to nominate a First Minister and a Deputy First Minister—but I was disappointed that the opportunity to do that was not taken during the Assembly recall last Tuesday. However, I recognise this issue is exceptional both in its sheer importance and in the cross-party support it commands, both in Northern Ireland and in this House. On that basis, the Government spent a lot of time with the lawyers. We have been able to table important amendments to this Bill to facilitate those changes, to be taken forward in the Assembly in the continued absence of a Speaker.

[Ian Paisley (North Antrim) (DUP)]

It is commendable that Dáithí and his family are here, and it is wonderful that the Government are doing the right thing. This law will now be in place faster than if the Northern Ireland Assembly were sitting, which is one of the peculiarities of the politics in which we live. We should not make political points on this. It is right and proper that it has been done for children across the United Kingdom who need organ donations, for which I thank the Secretary of State .

[Chris Heaton-Harris]

I thank the hon. Gentleman for his kind words. He is right that this is not a matter of politics. I know it is the family’s wish that the Bill is operational by the spring and that is what we will be able to achieve.

Northern Ireland (Executive Formation etc) Bill

Debate between Chris Heaton-Harris and Ian Paisley

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.

--- Later in debate ---

[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.

Oral Answers to Questions

Debate between Chris Heaton-Harris and Ian Paisley

Wednesday 7th September 2022 Commons Chamber

[Chris Heaton-Harris]

I will happily write to my hon. Friend with more details about that, but the regulations laid in May take a dual approach. On 20 May, the previous Northern Ireland Secretary wrote to the Health Minister in Northern Ireland requesting that he provide a clear and unambiguous commitment that he will comply with the regulations. There has been lots more action since, about which I will write to my hon. Friend.

[Ian Paisley (North Antrim) (DUP)]

On the issue of women’s rights, this week Northern Ireland’s golden girl, Lady Mary Peters, celebrated 50 years since achieving her gold medal at the Olympics. She has inspired young women such as Bethany Firth, Kate O’Connor, Ciara Mageean and a host of others to do likewise. Now that the Secretary of State is in post, what will he do to promote women into sport and encourage them with not only active support but resources for sport?

[Chris Heaton-Harris]

I thank the hon. Member for his question. He will know that I am a not very good but passionate sportsman in a whole host of sports, and I recognise what getting more women involved in all sorts of sports can do to benefit communities, people, their health and everything else. I will do everything I possibly can using sport as a tool to both get involved in all the communities in Northern Ireland and try to encourage more women into sport at the same time.

UK’s Withdrawal from the EU

Debate between Chris Heaton-Harris and Ian Paisley

Thursday 14th February 2019 Commons Chamber

[Chris Heaton-Harris]

I thank my right hon. Friend for that clarification.

This afternoon continued the tradition of robust discussion on this subject, with a degree of deliberation that is only appropriate for an issue of such national significance. As you would expect, Mr Speaker, the Government are following the direction delivered by the House on 29 January to return to the European Union to seek legally binding changes to the backstop. This House has instructed the Government on how to proceed, and we are delivering on that instruction. As the Prime Minister set out on Tuesday, there are three ways in which that could be achieved. First, the backstop could be replaced with alternative arrangements to avoid a hard border between Northern Ireland and Ireland. Secondly, the backstop could have a legally binding time limit. Thirdly, there could be a unilateral exit clause.

[Ian Paisley]

Will the Minister take this opportunity to confirm that the Government have started to draft textual, legally binding changes to the withdrawal agreement on that point?

[Chris Heaton-Harris]

As my right hon. Friend the Prime Minister has said, we have three options to deliver on the will of this House. Initial discussions with the European Union covered all these proposals. At this stage, there is not a specific legal text on the table. Notwithstanding that, we are firm that any change must be legally binding, but as has been said, it would not be prudent to start providing a running commentary on the detail. I hope that clarifies slightly for my hon. Friend where we are going.

On no deal, as the Minister with responsibility for co-ordinating our contingency planning, I see the day-to-day work that Whitehall is doing to prepare us for that scenario and I remain confident that we are en route to being ready for that eventuality.

EU Working Time Directive (NHS)

Debate between Chris Heaton-Harris and Ian Paisley

Thursday 26th April 2012 Westminster Hall

[Ian Paisley]

The hon. Gentleman pre-empts me. He is a mind reader. He seems to be able to find something that perhaps we are all agreed on. If the directive is a complete disaster; if it is starving our patients of good care and our junior doctors and senior physicians of being able to deliver what they are brilliant at delivering, we should address the problem at its root. The root cause is that we have a poison in the body politic of this kingdom. We are being regulated by people who do not live in this kingdom, do not care about this kingdom, are not part of this kingdom or do not have the needs of this kingdom at their heart, and we should stand up and recognise that. The over-regulatory practice that is being put upon us by Brussels is destroying this country. The sooner that we realise that, the better, and the sooner that the Government realise that and recognise that they should address the root cause of the problem, the better for us all.

[Chris Heaton-Harris]

The hon. Gentleman should just come off the fence. I have to declare that I was a member of the European Parliament for 10 years and served alongside his father. On two occasions, I attended an employment committee meeting in Brussels and saw Labour Ministers pleading with representatives to not allow the various connotations of the directive to flow through. Back in 2004, when the Commission opened up its first rethinking of this process, Labour Ministers came to the Parliament to plead with their MEPs not to vote to insist that this went ahead and to plead with the rest of the Parliament to allow Britain to do the right thing for its own people.

[Ian Paisley]

The hon. Gentleman gives us a valuable insight, or an inside track, into what the horse trading is really like in Brussels. This is not about the needs of the constituency or of the people, but about horse trading. It is about what we can achieve here to solve something in Brussels, Lithuania or Greece that is completely unrelated to the health needs of this nation. That horse-trading mentality is failing this nation. The insight that the hon. Gentleman provides is useful, and I am glad that he has come out from the shadows of Europe and, like me, is standing here in this Parliament. I know the happy times that he spent with my father when he was in Europe.

Other nations do not gild the lily as we do. We are pretty special at gilding the lily. We can really implement regulations like no one else. Why do the Government do it? Every other European nation seems to interpret the European working time directive in whatever way they want and get away with it. I am amazed that Ireland—the other bit—has been able to interpret the directive its way and get away with it. Surely, if it can say that training is not part of being a doctor, we too can find the flexibility—a word used by the hon. Member for Bristol North West (Charlotte Leslie)—necessary to make this work for us. Let us use the F-word; let us be flexible and get this right for our patients, our hospitals and our services.

In Lithuania, there is poor EWTD compliance because of the recession, so it can get away with it. Greece, too, has got away with not implementing the European working time directive because of its poor economic financial state. Surely, we can get away with implementing the European directive our way, and in a way that is flexible for our people and for our country. Apparently, Portugal is fully EWTD-compliant. However, many doctors and surgeons there now work more than their contracts say that they should. Surely, if the rest of Europe can find a way to be flexible to suit the needs of their people, it is not beyond the kith of men or beyond our wonderful Health Minister who is here today and our wonderful Department of Health to come up with a way to make the directive flexible for our people, for our nation, for our kingdom and—most importantly—for the needs of our patients, and to allow our doctors to deliver the service that they need to deliver?

I believe that we have a complete erosion of fundamental realities when we look at how the EWTD is being implemented to the destruction of the delivery of service and patient care. I hope that the Minister and the Department are listening to a voice that is coming across from all this kingdom, which says that the directive needs to be changed and changed fast.

European Union Bill

Debate between Chris Heaton-Harris and Ian Paisley

Tuesday 11th January 2011 Commons Chamber

[Chris Heaton-Harris]

I thank my hon. Friend for his intervention. However, during my 10 years as a Member of the European Parliament I gained a rough idea of what sovereignty was and how it is viewed by different member states within the European Union. His amendment would have some strength if we had market-tested it on the academic experts who appeared before the European Scrutiny Committee. I truly believe that if we had said, “This is what clause 18 states. What do you think of that?” they would all have said what we have said about the clause, which has been repeated a number of times. If we had asked whether adding this sentence to the clause would protect us in any way, I am pretty sure they would have said, “No, not really. This is all a matter of interpretation for the lawyers. We won’t get anywhere like that.”

[Ian Paisley]

Is not the reason why people do not get excited about this sort of stuff—the hon. Gentleman has put his finger on it—the way in which laws are changed in this country? He is right: it is not a bang theory. As someone who has worked in Europe and been a Member of the European Parliament, he will know that Europe changes laws in a very nuanced way. A European directive informs our officials what they should do and our officials make those changes, sometimes at the behest of our own courts. However, such changes happen as a result of a nuanced change in Europe. They are dumbing us down quite deliberately, so that this Parliament is no longer sovereign.

[Chris Heaton-Harris]

I agree, which is why I focused my attempts to amend the Bill on the parts of it where there are opportunities to get this place to debate matters more thoroughly. We should get the country more interested by having referendums on some of the big changes that happen in Europe. In the Lisbon treaty there is an awful clause—the passerelle clause—which has untold danger written across it.

There are many things that former Ministers for Europe did; I am talking not about the right hon. Member for Rotherham, but about a friend of mine, the right hon. Member for Leicester East (Keith Vaz) when he was Minister for Europe. The European charter of fundamental rights was meant to have no more relevance to British law than a copy of the “Beano,” but it is now enshrined in the Lisbon treaty. I am very wary of the process and how it works, which is why I am keen on tightening up many other matters in the Bill, and have tabled amendments to do that.

None of those issues are helped, or indeed hindered, by clause 18. The Government’s apparent intention is that the clause will combat any argument that parliamentary sovereignty is limited by EU treaties directly—in other words, that Parliament cannot act contrary to those treaties while they apply to the UK. A strict reading of clause 18 would not prevent someone from arguing that parliamentary sovereignty would be limited by the European Communities Act as applied by the courts. There are many different arguments on this matter, but I want to return to the simple fact that we can take from the expert witnesses’ testimony before the European Scrutiny Committee anything we like, to allow us to argue on any side of the issue. Sensibly, Professor Adam Tomkins submitted in written evidence to us that

“European Union law is far from being the only contemporary challenge to the doctrine of parliamentary sovereignty”.

That is a very salient point. Human rights law, and indeed common law itself, would also pose challenges, as would different types of law coming from different places through different courts. Those challenges will not be affected by what clause 18 states, and will not be changed or challenged by the amendment if it is passed. We will still be in the same position.

I am concerned because I have a strong belief that we will not be able to negotiate strongly with our European partners until we start banging our fists on the table, reminding them that we are the second largest net contributor to the European Union and using the vetoes that we have. We should do exactly what the French and the Spanish do in all budgetary and other negotiations, which is to play their hand as hard as they can for the best interests of their country. That is what I would like our Ministers to do, and what I would like to believe they are doing. I want to hear from our Ministers that we will not only talk and be good at the rhetoric, but that we will start instructing United Kingdom Permanent Representation to the European Union to do the right thing by our people. Again, none of that is affected by clause 18 or the amendment tabled to it.

I humbly suggest to my colleagues who may be excited by the clause that perhaps this is not the battle we should be fighting. There may be other areas where we can give the people we represent the referendum they want, and we should be angling for that. Perhaps there are ways in which we can tighten up the Bill through other amendments to other clauses. The timing of the implementation of the Bill means that it will apply to decisions made by the Government in the future. Perhaps we can do a much better job by tightening up the rest of the Bill, rather than getting excited about this clause.

Maybe at some point in this Parliament we can have a referendum on Europe, which is something on which I have not had the opportunity to express my view. I would love an “in or out” referendum; hon. Members can guess which way I would vote in that. Based on where we are now and what we have, it would certainly be “out”. I want the British people to have their say on our relationship with Europe and I also want them to be engaged in what is going on in their name in this place and in the negotiations. Other parts of the Bill, rather than this clause, are the place to try to bring that about.